plan on human right and business issues so that ESCR is
mainstreamed into the activities of all relevant stakeholders
in Nigeria.
The Gambia
Purohit versus the Gambia: The NHRI became effective only
in 2019 but there was progress before that. The specific
facility in question has been relocated outside of Banjul since
the decision. It is more spacious and sanitary issues have
improved a bit. Since the overthrow of the former regime,
the facility is more accessible and those responsible are
more willing to talk to researchers and monitors around the
country. The NHRI visited and noted some improvements.
However, there is still issues in terms of legislation and law
reform regarding persons with psycho-social disabilities. In
2021, a particular legislation was adopted with meant to
provide protection for persons with disabilities – it
domesticated the provisions of the Convention on the Rights
of Persons with Disabilities. It includes mental disability in
the definition of a person with disability.
Recommendations from session 6:
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There is need to join efforts both at the national and regional level to formulate
strategies and coordinate efforts.
NHRIs need to bring together CSOs and communities with the government to
facilitate dialogues to charter the way forward to identify recommendations
NHRIs that have a redress mandate can also participate in the activities of the
African Commission
There is need for NHRIs to participate in the hearings and the activities specially
when the African Commission and the African Court are considering matters on a
country that are in. They can also file amicus curiae briefs.
NHRIs can contribute by empowering communities to constantly and repeatedly
keep the State to account.
NHRIs also engage in advocacy work to raise awareness about human rights and
decisions of the African Commission
The NHRIs only follow up on the implementation – they cannot exert pressure. It
is only the African Union that can do so
NHRIs should engage more at a political level and ensure greater awareness when
it comes to the workings of the African Commission, specially concerning its
decisions/recommendations
There is need to train judges and lawyers to use the jurisprudence of the African
Commission and to use landmark cases of the African Commission so that if the
local courts take a decision on ESCR, it becomes binding on the State.
The NHRIs need to be conversant with the Guidelines on the Role of NHRIs on
Monitoring Implementation of Recommendations of the African Commission on
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