The African Commission on Human and Peoples’ Rights (ACHPR) has issued a declaration urging African states to immediately enact anti-torture legislation, protect media freedoms, and end the abuse of protesters in detention.
The statement, released on the International Day in Support of Victims of Torture, highlighted a disturbing trend of systematic torture, arbitrary detention, and media suppression across the continent. From war zones in Sudan and eastern Congo to urban protests in Kenya and Togo, human rights bodies warn that African governments are failing to meet their obligations under regional and international law.
Brutality Behind Bars and Gagged Media
The joint declaration condemned the brutal conditions in which many protesters are held following arrests, often without formal charges or access to legal counsel. Detained activists in multiple countries have reported beatings, sleep deprivation, and overcrowded cells. These acts, the ACHPR says, reflect a culture of impunity that emboldens abusers.
Equally troubling is the widespread suppression of the press. The Commission cited recent cases of live broadcasting bans, arbitrary arrests of journalists, and intimidation of media houses covering protests or exposing corruption. Such restrictions, it warned, are incompatible with democratic principles.
Violations of the African Charter on Human and Peoples’ Rights
The statement emphasized that the failure of member states to prevent torture and protect press freedom violates binding obligations under the African Charter:
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Article 5 (Right to Dignity and Prohibition of Torture): Torture and cruel treatment of detainees are expressly prohibited and must be criminalized and punished under national law.
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Article 9 (Freedom of Expression): Media blackouts, arrests of journalists, and censorship undermine citizens’ right to receive and disseminate information.
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Article 1 (State Duty to Implement Charter Rights): States must adopt legislative and practical measures to enforce the Charter and ensure justice for victims.
A Call for Legislative Action and Political Will
The Commission urged all AU member states to fully domesticate the African Charter and ratify the Optional Protocol to the UN Convention Against Torture, which allows independent monitoring of detention facilities. It also called for the establishment of national preventive mechanisms to investigate abuse.
As the continent grapples with political unrest, conflict, and economic hardship, rights bodies argue that protecting fundamental freedoms is not a luxury but a legal obligation, and a prerequisite for lasting peace and justice.
