The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 82nd Ordinary Session, held virtually from 25th February to 11th March 2025,
Recalling its mandate to promote and protect human and peoples’ rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter);
Further recalling Article 5 of the African Charter, which prohibits torture, cruel, inhuman, and degrading treatment or punishment;
Recognizing the absolute and non-derogable nature of the prohibition of torture under international law, as enshrined in the African Charter, the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), and other relevant regional and international human rights instruments;
Further recognizing that many State Parties to the African Charter have ratified UNCAT and other international and regional human rights treaties that prohibit torture but have yet to fully domesticate their obligations by adopting national laws criminalizing torture;
Concerned about the continued occurrence of acts of torture and other ill-treatment in several African countries, and the impunity often enjoyed by perpetrators due to the lack of adequate legal frameworks to criminalize and prosecute acts of torture;
Recalling its previous resolutions, particularly Resolution ACHPR/Res.61 (XXXII) 02 on the Robben Island Guidelines for the Prohibition and Prevention of Torture in Africa;
Emphasizing the role of the Committee for the Prevention of Torture in Africa (CPTA) in supporting State Parties to comply with their obligations to prevent and prohibit torture, including through legislative and policy measures;
Recognizing the need for a comprehensive and harmonized approach to the criminalization of torture in Africa, including the establishment of a model law to guide State Parties in developing national legal frameworks;
Taking into account the importance of a model law in ensuring that national legislation aligns with international and regional human rights standards, including clear definitions of torture, effective investigation and prosecution mechanisms, protection of victims and witnesses, and adequate reparations;
The Commission:
1. Mandates the CPTA to develop a Model Law on Criminalizing Torture in Africa, in consultation with State Parties, National Human Rights Institutions (NHRIs), civil society organizations, and other relevant stakeholders;
2. Calls upon State Parties to provide full cooperation and support to the CPTA in the drafting process, including by sharing best practices, legislative frameworks, and challenges faced in criminalizing torture at the national level;
3. Invites all African human rights actors working in this field to provide the necessary support for the development and implementation of the Model Law;
4. Requests the mechanism to report on the results of the study within one year.
5. Encourages the CPTA to widely disseminate the Model Law upon its completion and to provide technical support and capacity-building to State Parties in the process of adopting and implementing national laws criminalizing torture;
Adopted in 11 March 2025.
