By Adv. ML Mushwana Chairperson South African Human Rights Commission and Chairperson of the Network of African National Human Rights Institutions The Role of National Human Rights Institutions in the Promotion and Implementation of the RIG in Africa 1

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 2

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 3

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’ 4

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. 5

I.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 6

Cont.-Prohibition of Torture 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 7

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 8

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 9

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 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) 10

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. 11

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. 12