Forum for the participation of NGOs in the 42nd ordinary session of the ACHPR and the 16th African Human Rights Book Fair

Special Interest Group - prevention and prohibition of Torture in Africa

Countries represent: Angola, Burundi, Congo Brazzaville, Democratic republic of Congo, Zimbabwe

The special interest group on torture which was made up of the representatives from five member states met and deliberated thus;- Despite the various activities on torture by the organisations there present it emerged from the discussions that torture was still widely practiced in Africa. In Burundi for example Action by the Christians for the Abolition of Torture documented at least 70 cases of torture. This figure is not all-inclusive as there are other organisations working on Torture that have also documented such cases. State security agents like the army, police and intelligence offices remain the chief perpetrators of these acts of torture. What was particularly alarming was the continued use of torture by the police to investigate reported criminal activity. In Zimbabwe for example the Human Rights NGO Forum has recorded as many as 257 cases for torture by the police in the period between May 2007 and August 2007. State agents in a bid quail the activities of opposition political leaders and their supporters are still using torture. In the Democratic Republic of Congo in the run up to the elections there was wide spread use of torture and police brutality to subdue the activities opposition political parties.

It also emerged from the deliberations that male persons in all the countries there present were the major victims of torture particularly persons accused criminal activity, prisoners and political detainees. Women and children are also victims of torture.

Although most of the countries that were represented in the group had ratified the major international instruments on torture particularly the UN convention against torture, none of them had criminalized torture. The constitutions of most of the countries there presented had some reference to torture, but in most cases torture was not defined. In Angola this has lead to problems of interpretation and has resulted in a number of cases of torture going unpunished. Particularly worrying was the reluctance of judicial officers in Burundi to take any sort of action against perpetrators of torture. Although torture is not a criminal offence in Burundi it is an aggravating factor, which should be considered in passing sentence.

Police brutality and assaults on persons accused of witch craft are also harmful practices that are prevalent in most countries. Although these are not necessarily acts of torture legally speaking, the group would like to bring these to the attention of the forum as persons are being maimed, and seriously injured as a result of such practices. Of particular concern is when such acts are done on children. The group would want to bring this to the attention of the Committee on the Rights and Welfare of Children.

Despite the challenges herein recorded several activities are being carried out by the organisations there present and a few of them have been stated below as best practice;-

1. Civil litigation against perpetrator of torture. With several of the organisations there presented providing free legal advice and counselling to victims of torture. The Zimbabwe NGO Forum has started top take action against individuals, who themselves are not public officials, instigate incidents of torture;

2. Awareness campaigns intended to sensitise the public, judiciary and police were being carried out by most of the organisations. In Burundi for example ACAT was organising training workshops on the Robin Island Guidelines and OASIS in Angola was partnering local NGOs to train members of the bench;

3. Advocacy and lobbying for legal reforms including definition and criminalisation of torture

4. Promoting and using, at national, regional and international, existing mechanisms dealing with torture such as the African Commission’s Committee on the Robben Island Guidelines, the UN Committee against torture and the UN Special on Torture.

Recommendations:

The NGO Forum reiterates the Resolution REC004-E on torture, adopted by the African Commission on Human and Peoples’ Rights in Accra, Ghana, at its 41st Ordinary Session;

The NGO Forum calls upon all stakeholders to regularly refer to this Resolution and to promote and use the Robben Island Guidelines for the prohibition and Prevention of Torture in Africa.

Related documents:

• NGO Forum Resolution on enforced disappearances

• NGO Forum Resolution on the situation of human rights defenders in Africa (Res. 008)

• NGO Forum Resolution on Migration and Human Rights

• NGO Forum Resolution on the exploitation of natural resources in Africa

• NGO Forum Resolution on Strengthening the Responsibility to Protect in Africa (Res: 009)

• NGO Forum Resolution on sexual violence in armed conflict

• NGO Forum Resolution on the human rights situation in Somalia

• HURISA Statement on the situation of democracy and human rights in SADC.

• HURISA Statement on NGO's relationship with the African Commission.

• Final communique of the 42nd Ordinary session of the African Commission on Human and Peoples' Rights