The African Commission on Human and Peoples’ Rights (the Commission) meeting at its 18th Extraordinary Session, held from 29 July 2015 to 7 August 2015 in Nairobi, Kenya;
Recalling its mandate to promote human and peoples’ rights under the African Charter on Human and Peoples’ Rights (the African Charter);
Recalling its decision taken at its 20th Ordinary Session held in Grand Bay, Mauritius in October 1996, to establish the office and to appoint a Special Rapporteur on Prisons and Conditions of Detention in Africa, as a prison monitoring mechanism;
Recalling its Resolutions ACHPR/Res.103a (XXXX) 06and ACHPR/Res.259 (LIV) 2013; on Police Reform, Accountability and Civilian Police Oversight in Africa, and on Police and Human Rights adopted at its 40th and 54th Ordinary Sessions respectively;
Further Recalling the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa, adopted by the Commission during its 55th Ordinary Session held from 28 April to 12 May 2014in Luanda, Angola;
Recognising the central role of the police in the maintenance and enforcement of law and order, promotion of citizens’ safety as well as the respect for human rights and the growing demands placed on the police to combat national and transnational crime, terrorism and other emerging security challenges;
Concerned that effective policing in Africa is impeded by several factors including limited financial resources, inadequate training, poor working conditions, corruption, political interference, and weak governance structures; contributing to widespread cases of non-compliance by the police with basic human rights standards in the execution of its duties;
Noting the importance of a good working relationship between the Police, the State and the public at large; and the need to work with all interested parties, including, National Human Rights Institutions, Civil Society Organisations and other stakeholders to promote effective respect for human rights by the police;
Further Noting that policing and human rights is a crosscutting issue with all the Special Mechanisms of the Commission;
Reaffirming the commitment of the Commission to promote the right to liberty and security of the person as guaranteed under Article 6 of the African Charter; and to continue to deal with the matter as a priority;
Noting with appreciation the work already carried out by by the Special Rapporteur on Prisons and Conditions of Detention in Africa in the area of policing and human rights;
Decides to expand the mandate of the Special Rapporteur on Prisons and Conditions of Detention in Africa with the following amended title: The Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa;
Further decides to entrust the Rapporteur with the additional mandate to:
i. Undertake studies on relevant issues relating to policing and human rights in Africa and identify best practices in this area;
ii. Take steps to ensure that issues related to policing and human rights are taken into account and reflected in the mandate of the Commission;
iii. Disseminate the Commission’s Guidelines on Conditions of Arrest, Police Custody and Pre-trial Detention in Africa, including other relevant instruments and encourage their implementation by State Parties;
iv. Work with the other Special Mechanisms of the Commission on cross-cutting issues relating to policing and human rights.
Adopted on 7 August 2015, during the 18th Extraordinary Session, in Nairobi, Republic of Kenya
