Considering the preamble of the African Charter on Human and Peoples' Rights which reaffirms the adherence of African States to "human and peoples' rights and freedoms contained in the declarations, conventions and other instruments adopted by the organization of African Unity, the Movement of Non-Aligned countries and the United Nations"; Considering that Article 26oftheAfrican Charter on Human and Peoples' Rights stipulates that "States Parties to the present Charter shall have the duty to ... allow the establishment and the improvement of appropriate national institutions entrusted with the promotion and protection of rights"; Considering the recommendation adopted in the Programme of Action of the World Conference on Human Rights held in Vienna, Austria in June 1993 and United Nations resolutions on human rights, particularly resolution 1992/54 of 3rd March 1992 of the Commission Human Rights and resolution 48/134 of 20th of December 1993 of the United Nations General Assembly; Considering the decisions, resolutions, recommendations and the final declaration adopted by the first conference of national human rights institutions in Africa held in Yaounde, Cameroon from 5th to 7th February 1996 and the 2" Conference held in Durban, South Africa on 1st – 3rd July 1998; Convinced of the importance of the role of national institutions in the promotion and protection of human rights and in creating public awareness in Africa with regard to the institutional defense of human rights; 1. COMMENDS the increasing interests shown by African states in establishing and strengthening national institutions for the protection and promotion of human rights based on the principles of independence and pluralism. 2. RECOGNIZES that it is the right of each state to establish, according to its sovereign prerogatives and within the most appropriate legislative framework, a national institution charged with the promotion and protection of human rights according to internationally recognized norms. 3. NOTES WITH SATISFACTION the significant participation of African National Institutions in the deliberations of the sessions of the African Commission on Human and Peoples' Rights and registers positively the wish expressed by several institutions to be granted an observer status with the Commission. 1. DECIDES to grant special observer status to any African national institution established in Africa and functioning according to internationally recognized norms and standards. (a) that the following criteria for the status of affiliated institution shall apply: • • • the national institution should be duly established by law, constitution or by decree; that it shall be a national institution of a state party to the African Charter; that the national institution should conform to the Principles relating to the Status of National Institutions, also known as the Paris Principles, adopted by the General Assembly of the United Nations under Resolution 48/144 of 20th December 1993. 3

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