Monday, September 30, 2013

Historical development: The Human Rights Council adopts a new resolution on the Human Rights of Older Persons

The UN Human Rights Council, has approved on September 25 2013, a new resolution regarding the human rights of older persons (resolution A/HRC/24/L.37).
This new resolution, decided to appoint and independent expert with a mandate to assess the implementation of existing international instruments with regard to older persons, to assess the implementation of MIPAA, and to cooperate with various stake-holders in promoting the human right of older persons.
This is a historical development, which is yet a crucial next step in the promotion of an international convention for the rights of older persons.
Here is the text of the resolution:
Human Rights Council, Twenty-fourth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
                         Argentina, Bolivia (Plurinational State of)*, Bosnia and Herzegovina*, Brazil, Chile, Colombia*, Costa Rica, Cuba*, Djibouti*, Ecuador, El Salvador*, Ethiopia, Guatemala, Honduras*, Mexico*, Panama*, Paraguay*, Peru, Turkey*, Uruguay*, Venezuela (Bolivarian Republic of): draft resolution
                   24/…  The human rights of older persons
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Guided also by the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities and other relevant human rights instruments,
Reaffirming the Vienna Declaration and Programme of Action,
Recalling General Assembly resolution 65/182 of 21 December 2010 on the follow-up to the Second World Assembly on Ageing, in which the Assembly established an open-ended working group for the purpose of strengthening the protection of the human rights of older persons by considering the existing international framework of the human rights of older persons and identifying possible gaps and how best to address them, including by considering, as appropriate, the feasibility of further instruments and measures,
Recalling also Human Rights Council resolution 21/23 of 28 September 2012 on the human rights of older persons,
Acknowledging the work of the Open-ended Working Group on Ageing for the purpose of strengthening the protection of the human rights of older persons,
Bearing in mind the Political Declaration and the Madrid International Plan of Action on Ageing of 2002, and all other relevant General Assembly resolutions,
Taking note with appreciation of the report of the Secretary-General on the follow-up to the Second World Assembly on Ageing[1] and of the report of the United Nations High Commissioner for Human Rights on the human rights of older persons,[2]
Recalling general comment No. 6 of the Committee on Economic, Social and Cultural Rights on the economic, social and cultural rights of older persons, and other relevant documents by treaty bodies,
Conscious that older persons represent a large and growing segment of the population and that greater attention is needed to the specific human rights challenges affecting them,
Concerned at the multiple forms of discrimination that may affect older persons and at the high incidence of poverty among this particularly vulnerable group, especially older women, persons with disabilities, persons of African descent, individuals belonging to indigenous peoples, persons belonging to national or ethnic, religious and linguistic minorities, rural persons, persons living on the streets and refugees, among other groups,
Recalling Human Rights Council resolutions 5/1, on institution-building of the Human Rights Council, and 5/2, on the Code of Conduct for special procedures mandate holders of the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her duties in accordance with those resolutions and the annexes thereto,
1.       Recognizes the challenges related to the enjoyment of all human rights that older persons face in areas such as prevention of and protection against violence and abuse, social protection, food and housing, employment, legal capacity, access to justice, health support, long-term and palliative care, and that those challenges require in-depth analysis and action to address protection gaps;
2.       Acknowledges the report of the Office of the United Nations High Commissioner for Human Rights on the consultation on the promotion and protection of the human rights of older persons,[3] which summarizes the issues discussed at the consultation, including age discrimination, access by older persons to work, adequate health services and social protection, protection from abuse, violence and neglect, long-term care and the situation of older prisoners;
3.       Calls upon all States to promote and ensure the full realization of all human rights and fundamental freedoms for older persons, including by taking measures to combat age discrimination, neglect, abuse and violence, and to address issues related to social integration and adequate health care, bearing in mind the crucial importance of family intergenerational interdependence, solidarity and reciprocity for social development;
4.       Encourages all States to conduct their age-related policies through inclusive and participatory consultations with relevant stakeholders and social development partners in the interest of developing effective policies creating national policy ownership and consensus-building;
5.       Decides to appoint, for a period of three years, an independent expert on the enjoyment of all human rights by older persons, with the following mandate:
(a)     To assess the implementation of existing international instruments with regard to older persons while identifying both best practices in the implementation of existing law related to the promotion and protection of the rights of older persons and gaps in the implementation of existing law;
(b)     To take into account the views of stakeholders, including States, relevant regional human rights mechanisms, national human rights institutions, civil society organizations and academic institutions;
(c)      To raise awareness of the challenges faced in the realization of all human rights by older persons, and to ensure that older persons receive information about those rights;
(d)     To work in cooperation with States in order to foster the implementation of measures that contribute to the promotion and protection of the rights of older persons;
(e)      To integrate a gender and disability perspective into his/her work, and to pay particular attention to older women, persons with disabilities, persons of African descent, individuals belonging to indigenous peoples, persons belonging to national or ethnic, religious and linguistic minorities, rural persons, persons living on the streets, and refugees, among other groups;
(f)      To assess the human rights implications of the implementation of the Madrid International Plan of Action on Ageing;
(g)     To work in close coordination, while avoiding unnecessary duplication, with the Open-ended Working Group on Ageing, other special procedures and subsidiary organs of the Human Rights Council, relevant United Nations bodies and the treaty bodies;
6.       Requests the Independent Expert to report annually to the Human Rights Council and to present his/her first report at its twenty-seventh session, with a view to presenting a comprehensive report at its thirty-third session;
7.       Requests the Secretary-General to ensure that the above-mentioned comprehensive report of the Independent Expert is brought to the attention of the Open-ended Working Group on Ageing, in accordance with paragraphs 1 and 3 of General Assembly resolution 67/139 of 20 December 2012;
8.       Calls upon all Governments to cooperate with the Independent Expert, and invites them to provide him/her with all the necessary information related to the mandate;
9.       Decides to continue consideration of the question of human rights of older persons at its twenty-seventh session.



                     [1]   A/67/188.
                     [2]   E/2012/51.
                     [3]   A/HRC/24/25.

Friday, August 16, 2013

OEWG: Social Justice and the Justification of a New Convention on the Rights of Older Persons

In the last days, the UN Open Ended Working Group on Rights of Older Persons, held its 4th meeting.
During this meeting many discussions were made around the need and justification for a new convention on the rights of older persons.
One of the presentations were made by Prof. Israel Issi Doron, about the relevance of Social Justice to the discussion on the justification of a new human rights instrument in the field of law and aging.
Here is the link to the full presentation:
http://webtv.un.org/watch/5th-meeting-open-ended-working-group-on-ageing-fourth-working-session/2606704833001/

Sunday, August 11, 2013

The Global Alliance for the Rights of Older People - 4th Session of the UN OEWG on Aging

Statement to Fourth Working Session of the Open-ended Working Group on Ageing, 12-15 August 2013

The Open-ended Working Group on Ageing was established with the purpose of strengthening the protection of the human rights of older persons. This focus of UN Member States on the human rights of older persons is unique, justified, necessary and fundamental for achieving the ambitions set out in the Universal Declaration of Human Rights.

The Global Alliance for the Rights of Older People (GAROP) was set up to help give expression to the views of civil society and older persons that should underpin all of these deliberations. We are clear that a global human rights instrument that articulates how human rights apply to older people and provides a legal basis that enables them to claim these rights at the national and international level is absolutely necessary.

The general human rights standards enshrined in existing UN instruments and existing soft law, such as MIPAA, are not sufficient for protecting against particular and unique forms of discrimination and do not provide adequate guidance, implementation mechanisms and enforcement processes to ensure equal and full enjoyment of rights by older persons. The persistent violations of their rights and the discrimination they face on the basis of their old age  can only be addressed by  a dedicated, binding instrument that provides the level of clarity, legal certainty and accountability necessary to do this.

We urge Member States both to work towards a new global legal instrument to clarify how human rights apply to older people and to take the necessary measures at national and local level to translate these rights into concrete improvements for older people.

The Global Alliance for the Rights of Older People believes that to be effective, any international human rights instrument for older persons must:
Ø  Be universally applicable to all older persons;
Ø  Reaffirm and articulate the rights of older people and States Parties’ human rights obligations towards them without diluting existing human rights standards in any way;
Ø  Recognise and prohibit all forms of discrimination on the basis of old age, including multiple discrimination;
Ø  Provide for a comprehensive range of substantive rights for older persons;
Ø  Establish implementation, monitoring and accountability mechanisms that provide citizens with national-level recourse on the implementation of these agreements, including the collection, analysis and dissemination of data that is disaggregated by age and sex in 5-year periods and includes people over the age of 100 years.

Finally, we remind Member States that any process to consider the rights of older people that does not actively include older persons themselves from all parts of the globe and from a wide range of backgrounds cannot be considered legitimate. The UN must recognise and act upon the need for engaging more actively with civil society globally and create the mechanisms whereby older people themselves and other civil society actors, including National Human Rights Institutions and Equality Bodies, can meaningfully participate in articulating the rights and standards intended to protect them.

The Global Alliance for the Rights of Older People urges UN Member States to:
Ø  Remain focussed on the urgent task of strengthening human rights standards for older persons, by working towards a comprehensive legally binding mechanism on the rights of older persons, so that people of all ages can benefit from the aspirations of the Universal Declaration of Human Rights. 
Ø  Ensure  that the positions presented at the OEWG and other for a for discussing how to strengthen the human rights of older persons are informed by the views of older persons and civil society by organising large consultations at national level
Ø  Support the effective participation of older persons at the OEWG and other relevant UN meetings, by including older persons’ representatives in their national delegations


About the Global Alliance for the Rights of Older People:

The Global Alliance for the Rights of Older People was born out of the need to strengthen the rights and voice of older people globally. The Alliance is the result of the collaborative efforts of the nine organisations that currently form its Steering Group:

International Network for the Prevention of Elder Abuse (INPEA)
International Longevity Centre (ILC) Global Alliance
International Federation on Ageing (IFA)
International Association of Homes and Services for the Ageing (IAHSA)
International Association of Gerontology and Geriatrics (IAGG)
HelpAge International 
AGE Platform Europe
Age UK
AARP

Through its membership, the Alliance reaches out to older people in all regions of the world to ensure their voices are heard by United Nations (UN) and its member states nationally, as well as regionally and internationally, through UN institutions, UN Commissions and the UN General Assembly. 

The Global Alliance for the Rights of Older People supports the creation of new international and regional human rights instruments as powerful tools for strengthening the rights of older people.

The Alliance is committed to building national-level capacity to work towards more effective human rights instruments for older people.

Friday, July 12, 2013

Compilation of existing international legal documents that address HR of Older Persons

For the coming  UN Open-Ended Working Group on Aging, the UN Office of the High Commissioner for Human Rights has prepared a compilation of all international legal documents addressing the situation of older persons.
Here is the compilation:

Open-ended Working Group on Ageing
Fourth working session
12-15 August 2013

Compilation of existing international legal instruments, documents and programmes that directly or indirectly address the situation of older persons, including those of conferences, summits, meetings or international or regional seminars convened by the United Nations and intergovernmental and non-governmental organizations


This compilation has been prepared by the UN Office of the High Commissioner for Human Rights, pursuant paragraph 4 of General Assembly Resolution 67/139, which requested “the Secretary-General, with the support of the Office of the United Nations High Commissioner for Human Rights, the Division for Social Policy and Development of the Department of Economic and Social Affairs of the Secretariat and the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), to submit to the Working Group by its fourth session and from within existing resources a compilation of existing international legal instruments, documents and programmes that directly or indirectly address the situation of older persons, including those of conferences, summits, meetings or international or regional seminars convened by the United Nations and intergovernmental and non-governmental organizations”.

International Human Rights Treaties

Instruments dedicated to the human rights of older persons:

None


Explicit provisions on the human rights of older persons contained in the International Bill of Human Rights (Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and their respective Optional Protocols):

None



International human rights treaties containing a general prohibition of discrimination on the basis of age

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Article 7:

States Parties undertake, in accordance with the international instruments concerning human rights, to respect and to ensure to all migrant workers and members of their families within their territory or subject to their jurisdiction the rights provided for in the present Convention without distinction of any kind such as to sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, birth or other status.


Other explicit provisions in human rights treaties explicitly addressing age and older persons:

Convention on the Elimination of All Forms of Discrimination against Women, Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;


Convention on the Rights of Persons with Disabilities

Article 13 - Access to justice

1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.

Article 16 - Freedom from exploitation, violence and abuse

2. States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse. States Parties shall ensure that protection services are age-, gender- and disability-sensitive.

Article 25 – Health

States Parties recognize that persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. States Parties shall take all appropriate measures to ensure access for persons with disabilities to health services that are gender-sensitive, including health-related rehabilitation. In particular, States Parties shall:

(b) Provide those health services needed by persons with disabilities specifically because of their disabilities, including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;

Article 28 - Adequate standard of living and social protection

2. States Parties recognize the right of persons with disabilities to social protection and to the enjoyment of that right without discrimination on the basis of disability, and shall take appropriate steps to safeguard and promote the realization of this right, including measures:

(b) To ensure access by persons with disabilities, in particular women and girls with disabilities and older persons with disabilities, to social protection programmes and poverty reduction programmes.


General comments and recommendations by UN treaty bodies

Treaty Body General Recommendations and General Comments

CESCR General Comment No. 6, The economic, social and cultural rights of older persons, 12/08/1995


CEDAW, General Recommendation No. 27, CEDAW/C/2010/47/GC.1


CESCR, General Comment No. 14, The right to the highest attainable standard of health, E/C.12/2000/4

http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G00/439/34/PDF/G0043934.pdf?OpenElement

CESCR, General Comment No. 20, Non- Discrimination in economic, social and cultural rights, E/C.12/GC/20


CESCR, General Comment  No. 21, Right of everyone to participate in cultural life, E/C.12/GC/21, 21

CESCR, Report on the Twelfth and Thirteenth Sessions, 12 December 1996, E/1996/22


Human Rights Committee, General Comment no.18, Non Discrimination, HRI/GEN/Rev.6


Treaty Body Concluding Observations

CEDAW, Concluding Observations, Albania, CEDAW/C/ALB/CO/3., 16 December 2012


CEDAW, Concluding Observations, The Netherlands, CEDAW/C/NLD/CO 5, 5 February 2010, para 45

CEDAW, Concluding Observations, Argentina, CEDAW/C/ARG/CO/6, 16 August 2010, para 42


CEDAW, Concluding Observations, Papua New Guinea, CEDAW/C/PNG/CO/3, 30 July 2010, para 28


CESCR, Concluding Observations for Democratic People’s Republic of Korea, E/C.12/1/ADD.95


CESCR, Concluding Observations for Canada, E/C.12/1993/5


Human Rights Committee, Concluding Observations, Germany, CCPR/CO/80/DEU, 4 May 2004


CEDAW, Concluding Observation, Iceland, A/57/38, 2002, para 250


Concluding Comments France, Fortieth session 14 Jan- 1 Feb 2008, CEDAW/C/FRA/CO/6


CESCR, Consideration of Reports, Submitted by State Parties under Articles 16 and 17, Slovenia, E/C, 12/SVN/CO/1, para 22, 35


CESCR, Consideration of Reports, Submitted by State Parties under Articles 16 and 17
Concluding Observations of the CESCR, Serbia and Montenegro, E/C.12/1/Add.108, Thirty-fourth session 25 April-13 May 2005, para 8



Reports of UN Special Procedures

Thematic study on the realization of the right to health of older persons by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover, 4 July 2011, A/HR C/18/37 (the right to health of older persons)


Report of the independent expert on the question of human rights and extreme poverty, Magdalena Sepúlveda Carmona, 31 March 2010, A/HRC/14/31 (old age and non-contributory pensions)



Non-binding UN Policy Instruments

Vienna International Plan of Action on Ageing, adopted at the World Assembly on Ageing  in 1982


Madrid International Plan of Action on Ageing, adopted at the Second World Assembly on Ageing  (2002)and endorsed by the General Assembly in resolution 57/167



Non-binding Regional Policy Instruments

ECLAC, Regional Strategy for the implementation in Latin America and the Caribbean of the Madrid International Plan on Ageing


ECLAC, Declaration of Brasilia for the Latin American and Caribbean Region (2007)


UNECE, Regional Implementation Strategy for the Madrid International Plan of Action on Ageing (ECE/AC.23/2002/2/Rev.6)


Arab Plan of Action on Ageing to the Year 2012 (E/ESCWA/SD/2002/WG.1/8)


African Union Policy Framework and Plan of Action on Ageing


Declaration of Commitment of Port of Spain of Plenipotentiaries, Organization of American States, OAS (2009)


Resolution 2455 on human rights and older persons, Organization of American States (2009)


Plan of Action of the Pan American Health Organisation/ World Health Organisation, including Active and healthy Ageing (2009)



UN Resolutions, Reports and documents

Resolutions

Resolution adopted by the General Assembly, Follow-up to the Second World Assembly on Ageing, 4 Feb 2011, A/RES/65/182


A/RES/66/127


A/RES/64/132 (op 14)


E/2010/14 ops 4, 10 and 12


1992 Global Targets on Ageing for the Year 2001 (A/RES/47/86)


Proclamation on Ageing – A/RES/47/5


UN Principles for Older Persons, GA Resolution 49/91, A/RES/46/91


Reports

Report of the United Nations High Commissioner for Human Rights submitted to the Economic and Social Council, 20 March 2012, E/2012/51


Follow-up to the Second World Assembly on Ageing, Report of the Secretary-General, 22 July 2011, A/66/173

Report of the Open-ended Working Group on Ageing, Open-ended Working Group on Ageing, First working session, New York, 18-21 April 2011, 17 May 2011, A/AC.278/2011/4

Human rights of older persons: International human rights principles and standards, OHCHR, Background paper, revised and updated Open-ended Working Group, 18- 21 April 2011


Working Paper prepared by Mrs Chinsung Chung, Human Rights Council Advisory Committee, 4 December 2009, A/HRC/AC/4/CRP.1


Statement of the United Nations High Commissioner for Human Rights on 1 October 2010


Abuse of older persons: recognizing and responding to abuse of older persons in a global context Report of the Secretary-General, 9 January 2002, E/CN.5/2002/PC/2


Submissions to the Secretary - General report, GA res. 65/182


E/CN.5/2012/5 Report of the Secretary-General. Second Review and Appraisal of MIPAA


E/CN.5/2010/4 Report of the Secretary-General. Further the implementation of MIPAA



International Labour Organisation (ILO) Standards

ILO Convention no. 102 concerning Social Security (minimum Standards) 1952, 201 UNTS 132, Part V


ILO Convention No. 128 concerning Invalidity, Old Age and Survivors Benefits 1967, 699 UNTS 185


ILO, R202, Recommendation on National Floors for Social Protection, 2012


ILO, Social Protection Floor for a Fair and Inclusive Globalisation, Report of the Advisory Group, 2011


ILO, R131, Invalidity, Old-Age and Survivor’s Benefits Recommendation, 1967;

R162 Older Workers Recommendation, 1980; Section II, para 5(g)
R166 Termination of Employment Recommendation, 1982



Documents from other UN Agencies

World Health Organisation, Contribution to the World Conference on Human Rights, 29 March 1993, A/CONF.157/PC/61/Add.8., paras. 53-56.


World Health Organisation, A life course perspective of maintaining independence in older age, 1999


World Health Organisation and World Bank, World Report on Disability, 2011


United Nations Division for the Advancement of Women, Gender Dimensions of Ageing Women, 2000


UNFPA and HelpAge International, Ageing in the Twenty-First Century. A Celebration and A Challenge


Other Documents from Regional Organizations

Permanent Council of the Organization of American States

Committee on Juridical and Political Affairs, Working Group on Protecting the Human Rights of Older Persons


Organization of American States General Assembly Resolution AG/RES. 2654 (XLI-O/11) Protecting the Human Rights of Older Persons, adopted at the four the plenary session of the forty-first General Assembly, 7 June 2011


Report on the Situation of Older persons in the Hemisphere and the Effectiveness of Binding Universal and Regional Human Rights Instruments with Regards to Protection of the Human Rights of Older Persons; December 5, 2011); OEA/Ser.G; CAJP/GT/DHPM-14/11 rev. 1

http://www.oas.org/consejo/cajp/human%20rights.asp#Older Persons


Council of Europe

Steering Committee for Human Rights (CDDH), Drafting Group on the Human Rights of the Elderly (CDDH-AGE) documents and reports


Meeting report, 1st meeting, Council of Europe, Strasbourg, 23 March 2012, CDDH-AGE(2012)R1


Viewpoint of the Commissioner for Human Rights of 28 April 2008: “Aged people are too often ignored and denied their full human rights”


Commissioner for Human Rights, 2nd Annual Report April 2001 to December 2001 to the Committee of Ministers and the Parliamentary Assembly, Comm. DH (2202) 2, p 119-131


Council of Europe Commissioner for Human Rights, Recommendations of the Commissioner for Human Rights on the Implementation of the right to housing CommDH (2009)5


Council of Europe Recommendation R(99)4 of the Committee of Ministers to Member States on Principles Concerning the Legal Protection of Incapable Adults (adopted on 23 February 1999) (“Recommendation R(99)4”)


The Rights of Elderly Persons under the European Social Charter, Draft Information Document drawn up by the Secretariat of the Council of Europe, Department of the European Social Charter, March- April 2011



Recommendation and Resolutions of the Parliamentary Assembly of the Council of Europe

Resolution 1793 (2011): Promoting active ageing: capitalising on older people’s working potential


Recommendation 1796 (2007): The situation of elderly persons in Europe


Recommendation 1749 (2006): Demographic challenges for social cohesion


Resolution 1502 (2006): Demographic challenges for social cohesion


Recommendation 1619 (2003): Rights of elderly migrants


Recommendation 1591 (2003): Challenges of social policy in Europe’s ageing societies


Recommendation 1428 (1999): The future of senior citizens: protection, participation and Promotion


Recommendation 1254 (1994): on the medical and welfare rights of the elderly: ethics and Policies


Resolution 1008 (1993): on social policies for elderly persons and their self-reliance


Recommendation CM/Rec(2011)5  of the Committee of Ministers to member states on reducing the risk of vulnerability of elderly migrants and improving their welfare


Recommendation CM/Rec(2009)6 of the Committee of Ministers to member states on ageing and disability in the 21st century: sustainable frameworks to enable greater quality of life in an inclusive society; Reply from the Committee of Ministers to the Parliamentary Assembly on “Challenges of social policy in Europe’s ageing societies”


Recommendation No. R (94) 9 of the Committee of Ministers to member states concerning elderly people

Recommendation 1418 (1999) 1 of the Parliamentary Assembly of the Council of Europe, Protection of the human rights and dignity of the terminally ill and the dying



African Commission on Human and Peoples’ Rights
           
African Commission on Human and Peoples’ Rights Report on Focal Point on the Rights of Older persons in Africa, Commissioner Y.K.J. YeungSik Yuen

Final Communique of the 45th Ordinary Session of the African Commission on Human and Peoples Rights, Held in Banjul, The Gambia, From 13- 27 May 2009, EX.CL/5 (XV)