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Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, 32nd Session, 17 - 23 October 2002: Banjul, The Gambia.

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The African Commission on Human and Peoples’ Rights, meeting at its 32^nd ordinary session, held in Banjul, The Gambia, from 17^th to 23^rd October 2002;

Recalling the provisions of -:

• Article 5 of the African Charter on Human and Peoples’ Rights that prohibits all forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment;

• Article 45 (1) of the African Charter which mandates the African Commission to, inter alia, formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislations;

• Articles 3 and 4 of the Constitutive Act of the African Union wherein States Parties undertake to promote and respect the sanctity of human life, rule of law, good governance and democratic principles;

Recalling further its Resolution on the Right to Recourse Procedure and Fair Trial adopted during its 11^th ordinary session, held in Tunis, Tunisia, from 2^nd to 9^th March 1992;

Noting the commitment of African States to ensure better promotion and respect of human rights on the continent as reaffirmed in the Grand Bay Declaration and Plan of Action adopted by the 1^st Ministerial Conference on Human Rights in Africa;

Recognising the need to take concrete measures to further the implementation of existing provisions on the prohibition of torture and cruel, inhuman or degrading treatment or punishment;

Mindful of the need to assist African States to meet their international obligations in this regard;

Recalling the recommendations of the Workshop on the Prohibition and the Prevention of Torture and Ill-treatment, organised jointly by the African Commission and the Association for the Prevention of Torture, on Robben Island, South Africa, from 12^th to 14^th February 2002;

1.      Adopts the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines).

2.      Establishes a Follow-up Committee comprising of the African Commission, the Association for the Prevention of Torture and any prominent African Experts as the Commission may determine.

3.      Assigns the following mandate to the Follow-up Committee -:

·        To organise, with the support of interested partners, seminars to disseminate the Robben Island Guidelines to national and regional stakeholders.

·        To develop and propose to the African Commission strategies to promote and implement the Robben Island Guidelines at the national and regional levels.

·        To promote and facilitate the implementation of the Robben Island Guidelines within Member States.

·        To make a progress report to the African Commission at each ordinary session.

4.      Urges Special Rapporteurs and Members of the African Commission to widely disseminate the Robben Island Guidelines as part of their promotional mandate.

5.      Encourages States parties to the African Charter, in their periodic reports to the African Commission, to bear in mind the Robben Island Guidelines.

6.      Invites NGOs and other relevant actors to widely disseminate and utilise the Robben Island Guidelines in the course of their work.