CLOSING REMARKS BY HONORABLE JUSTICE GERARD NIYUNGEKO

CLOSING REMARKS BY HONORABLE JUSTICE GERARD NIYUNGEKO, PRESIDENT OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS AT THE SEMINAR FOR HUMAN RIGHTS ORGANISATIONS IN UGANDA

19^th August 2011, Kampala, Uganda

Honorable Judges of the African Court on Human and Peoples’ Rights,

Honorable Judges of the Supreme Court and the High Court of Uganda,

Honorable Members of the Uganda Human Rights Commission,

Permanent Secretary in the Ministry of Foreign Affairs and International Cooperation,

Staff of the African Court on Human and Peoples Rights,

Representatives of Faculties of Law,

Senior Government Officials here present,

Learned Members of the Bar Association,

Distinguished representatives from the Religious Bodies,

Non Governmental Organizations here represented,

Media representatives here present,

Distinguished Participants, Ladies and Gentlemen

1. We have spent the best part of a day informing each other about the establishment, function and mandate of the Court and the Court’s state of readiness to determine contentious cases and give advisory opinions. We have observed the lack of progress in engaging the Court to ensure that it carries out the mandate for which it was created, in practical terms. We have discussed and crystallized what the Court can do to ensure human rights protection as mandated in its Protocol and how to access the Court and institute litigation before it. We have clarified the role, responsibility and right of each of the organizations and institutions represented here on how to utilize the Court to advance human rights protection in Uganda.

• I am extremely pleased with the manner in which we conducted our discussions, and the degree to which we went to explore the ways that we can employ, in our various capacities, to promote the Court, encourage deposit of the declaration allowing direct access, submit applications on contentious issues or request the Court for advisory opinions. In this regard, I must thank the His Excellency, Edward Kiwanuka Sekandi, the Vice President of the Republic of Uganda for opening this seminar and the government of the Republic of Uganda for the support they gave to this activity and for their willingness to consider how it can utilize the Court’s advisory jurisdiction, and wish that all other Member States of the African Union follow this lead.

Distinguished Participants, Ladies and gentleman

• If this seminar has been a success, and we will surely see this by the progress made towards depositing the declaration allowing direct access and by significant increase in submission of cases to the Court, that is entirely due to the diligent and professional manner in which you, Distinguished Participants, participated in lively and frank discussions in a most enriching manner.

• While this meeting has now come to an end, we take away with us, the satisfaction that our discussions were fruitful in both substance and context. I am convinced that more meetings will follow this one, and that we will continue to collaborate in our joint efforts to protect human rights in Uganda. I therefore cannot thank you all enough for having accepted the invitation to attend this seminar, and having come, for the exemplary manner in which you conducted yourselves. At the beginning of this seminar, Justice Ramadhani explained that each of the organizations and participants has a role that they are expected to play in the promotional plan of the Court to ensure that it carries out its mandate. He particularly asked that you ponder on your particular input in this regard for posterity. I am therefore pleased to note that our discussions clearly show that all participants understand that the success or failure of the Court is our collective responsibility.

Distinguished Participants, Ladies and gentleman

• Allow me to extend my sincere thanks to our cooperating partner, the European Union, which has actively and strongly supported the promotional initiatives of the Court with the necessary funding. We look forward to their continued support as the program unfolds.

• I also wish to thank the Registry of the Court and the executive and secretariat of the Uganda Law Society for the enormous amount of work they put in to organize the seminar, arrange the programme, flight schedules, accommodation, and all the little administrative tasks necessary to ensure that our discussions were held in a conducive environment.

Distinguished Participants, Ladies and gentleman

• Last but not least, I wish to thank my fellow Judges of the African Court on Human and Peoples’ Rights for their vision and insistence that we hold this seminar, and to Justice Ramadhani in particular, for making the time to be here after a very heavy and exhausting 21^st Ordinary Session agenda, and at time the Court is on the verge of another busy 22^nd Session, to participate fully at this event. I would be remiss if I did not thank Justice Mulenga for the considerable efforts he put in ensuring that this event went well, even though he was not well.

• Let me end by expressing the expectation of the Court that we will meet again soon and preferably at the Court. For those who came from outside Kampala, I wish you a safe journey back to your bases, where no doubt, you will immediately work on strategies to continue to promote the Court and encourage the deposit of the declaration allowing direct access so that in the near future, you will be able to approach the Court with contentious cases or for advisory opinions. And for those of you from Kampala, we look forward to continuing the relationship we started with this meeting, and look forward to your hospitality when next we come back. May you all travel safely back to your destinations.

 I declare this seminar closed.

African Court on Human and Peoples’ Rights

19^th August 2011

Kampala, Uganda.