Resolution on Torture in Africa

We, the participants of the NGO Forum participating at the 36th Ordinary Session of the African Commission on Human and Peoples Rights and at the 10th African Human Rights Book Fair held in NGOR DIARAMA from the 20th to 22nd November 2004,

Recalling the universal condemnation and prohibition of Torture and inhuman and degrading Sentences or cruel Treatment;

Deeply angered by the persistence and practice of such acts in Africa;

Noting with satisfaction the adoption of the Robben Island Guidelines on the prohibition and prevention of torture and cruel, inhuman or degrading treatment in Africa, by the ACHPR during its 32nd Session held from the 17th to 23rd October 2002 and the setting up of a follow-up Committee during its 35th Session held from 23rd May to 4th June 2004 in Banjul (The Gambia);

Noting with satisfaction the adoption by the United Nations General Assembly of the Additional Protocol to the Convention against Torture and the appointment of a Coordinator for its ratification;

Recommend to the 36th Session of the ACHPR to:

1. Adopt the recommendations made during the consultative meeting on the implementation of the Robben Island Guidelines in December 2003 in Ouagadougou (Burkina Faso

2. Request the 36th Session of the Commission to urge the African Countries to:

 Ratify the United Nations Convention against Torture and its Protocol;
 Ratify the Protocol to the African Charter establishing the African Court on Human and Peoples’ Rights and its effective entry into force;
 Avoid and remove all reservations relating to regional and international Conventions against Torture;
 Refrain from formulating reservations against African and international instruments relating to Torture and to remove those already formulated during previous ratifications;
 To refer to the Robben Island Guidelines in the fulfilment of their obligations in relation to Article 5 of the Charter on Human and Peoples’ Rights;

3. Systematically use the Robben Island Guidelines as an instrument for monitoring respect for Article 5 of the Charter, during the consideration of the States’ Periodic Reports;

4. Grant a permanent invitation to the regional mechanisms for visits and allow them free access to all prisons and detention centres;

5. Publish a list of the detention centres.

Done in Dakar, the 22nd November 2004
The Forum