Transcript The South African Human Rights Commission

The Role of National Human Rights
Institutions in the Promotion and
Implementation of the RIG in Africa
By
Adv. ML Mushwana
Chairperson South African Human Rights
Commission and Chairperson of the Network of
African National Human Rights Institutions
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Introduction
 In the past decade, NHRIs have become increasingly recognized as
important role-players at a domestic level in the human rights arena.
 NHRIs are well suited to bridge the divide between the international
and regional systems and its norms and standards and the reality of
implementation, follow up and monitoring at the domestic level.
 As relatively new role-players in the regional and international arena, it
is not surprising that within the past decade in the area of torture
prevention that the role of NHRIs has also been increasingly recognized.
 The role of NHRIs in this area of work is still being developed and thus
it is important that at this Commemorative Seminar it is discussed and
explored and that best practices are shared with the aim of reaching
further consensus
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Background-NHRIs and Torture
Prevention in Africa
 NHRIs played an important role in the drafting of the Robben Island Guidelines (RIG)
and have also continued during the past decade to promote these Guidelines at a regional
and domestic level. Several meetings have been held and guidelines developed to define
and guide the role that NHRIs can play in the promotion and implementation of the RIG,
including:
 December 2003 (Ouagadougou, Burkina Faso) -consultative meeting on the
implementation of the RIG, a number of recommendations were made and later adopted
by the African Commission on Human & People’s Rights (ACHPR).
 February 2005-the Association for the Prevention of Torture (APT) issued a Position
Paper on the “Role of National Human Rights Institutions in the prevention of torture,
cruel, inhuman, and degrading treatment or punishment”.
 October 2008, the 9th International Conference of National Institutions for the
Promotion and Protection of Human Rights, held in Nairobi, Kenya, focused on the role
of NHRIs in the administration of justice-conference adopted the Nairobi Declaration
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cont.- Background-NHRIs and Torture
Prevention in Africa
 In May 2010, the UN OHCHR together with the Asia Pacific Forum of National
Human Rights Institutions (APF) and the Association for the Prevention Torture
(APT) released an Operational Guide entitled “Preventing Torture: an
Operational Guide for National Human Rights Institutions” (the Guide)
 In September 2011, the APT and NANHRI convened a high level conference on
the role of NHRIs in preventing torture in Africa in Rabat, Morocco. The
ensuing Outcome Declaration from this conference entitled “A continent
united against torture” recognized the important role of NHRIs in the
promotion and protection of human rights and the need to further enhance
NHRIs role as leaders in the prevention of torture. The Rabat Declaration sets
out a number of actions that NHRIs can take in the prevention of torture
 February 2012 (Addis Ababa, Ethiopia) -‘Regional consultation for Africa on
enhancing cooperation between United Nations and regional human rights
mechanisms on prevention of torture and the protection of victims of torture,
especially people deprived of their liberty’
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NHRIs and the Promotion and Implementation of
the RIG at a national level
 Roles that NHRIs can play in the promotion and
implementation of the RIG are three-fold;
I. prohibition of torture,
II. prevention of torture, and
III. responding to the needs of victims.
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I.
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Prohibition of Torture
a)
Promotion of the ratification of relevant regional and international
instruments-through engaging with Government and Parliament; the
media; civil society; and monitoring States progress in ratifying
relevant instruments and criminalizing of torture in annual reports
b)
Promotion and support of co-operation with international
mechanisms-reminding the State of its international reporting
obligations; NHRIs drafts own report to draw attention to aspects of
the OPCAT and RIG that need attention by the State
c)
Criminalization of Torture-actively advocating for criminalization of
torture by proposing legislation or making recommendations and
proposals
Cont.-Prohibition of Torture
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d)
Adherence to the principle of non-refoulement-create
greater awareness about the principle of non-refoulement
e)
Combating impunity-hold a public inquiry or conduct
investigations
e)
Establishment of independent complaints and investigation
procedures-can monitor States fulfillment of its duty to
develop complaints and investigation procedures and
identify areas for legislative and administrative reform
II. Prevention of Torture
 Establish safeguards and ensuring that conditions of detention comply with
international standards-advocating for and issuing reports and recommendations
to government and establishment of safeguards
 Establish oversight mechanisms - Conduct OPCAT style visits to places of
detention and advocate for development of a national preventative mechanism
 Train public officials-can develop training tools, improving on existing ones and
monitor integration of basic human rights and training prevention material into
curriculum of law enforcement officials and other public officials
 Conduct awareness raising campaigns-through collaboration with public
education programmes and relevant stakeholders e.g. media and local and
international human rights NGOs and holding public inquiries
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III. Responding to the Needs of
Victims
The mandate and powers afforded to NHRIs provides a number of opportunities for the
promotion and protection of the needs of victims, these include:
 Conducting advocacy for policy making and law reform-can ensure that the rights of
victims to reparations are provided for in legislation that criminalizes torture
 Awareness raising-draw attention to and commemorate human rights days such as June
26-No Torture Day
 Ensuring accountability-hold government accountable e.g. publicly submitting reports
on services to torture victims to parliament, government or other state organs; receiving
and processing individual complaints from torture victims; and conducting public
hearings and inquiries into systemic violations
 Engaging with international and regional mechanisms-including follow up on treaty body
and UPR recommendations and assisting in lodging individual complaints with
international and regional bodies and ensuring that needs of victims are addressed
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The Role of NANHRI in the Prevention of Torture
and the Promotion and Implementation of the RIG
 Participation in international and regional fora
 Encouraging members to participate in the sessions of the African
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Commission
Making use of new forms of technology
Providing support to its members who are threatened
Encouraging its members to make themselves available for
regional human rights positions
Coordinating workshops for sharing of best practices
Sharing of information
Engaging with the Committee for the Prevention of Torture in
Africa (CPTA)
The Value of NHRIs involvement in the
fight against Torture
 Given the increasing recognition of NHRIs as natural partners of
international and regional human rights mechanisms, cooperation
between regional mechanisms and NHRIs can have a mutually
reinforcing and strengthening effect.
 NHRIs can use their powers and unique position as independent
state institutions to promote and protect human rights. In carrying
out this work, NHRIs derive enormous guidance from an
interpretation of the RIG in conjunction with their mandates and
the Paris Principles. As a regionally adopted document, reference
to the RIG and using the Guidelines to inform its activities the
RIG provides powerful legitimacy to the work of NHRIs.
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Conclusion
 In conclusion, Africa is no stranger to the use of torture and thus it
is incumbent on NHRIs to ensure that in terms of their mandates
that their work focuses on promoting the implementation and
compliance with the various international instruments that seek to
promote the prevention of torture and protect persons from
torture. African countries are moving slowly; however African
NHRIs have the mandate and domestic status to play an important
role in the promotion and implementation of the RIG.
 There is thus enormous potential and capacity within NHRIs
which if correctly supported and channeled could ensure that we
move closer towards a continent that is free from torture.
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