Article 5 Initiative
Aims and Objectives
In 2010, the Article 5 Initiative was formed as a partnership between the HRIC; the Gender, Health and Justice Research Unit (GHJRU) of the University of Cape Town; the Dullah Omar Institute (formerly the Community Law Centre) of the University of the Western Cape; and the African Policing Civilian Oversight Forum (APCOF). Article 5 of the Universal Declaration of Human Rights and Article 5 of the African Charter on Human and People's Rights guarantee the right of all people to be free from torture and other ill-treatment. The Article 5 Initiative draws its name from these two articles.
The Article 5 Initiative was formed under a four-year project funded by the European Union through the European Instrument for the Development of Human Rights. The aim of this project was to support African institutions to improve domestic compliance with international law obligations, norms and procedures under the United Nations Convention against Torture (UNCAT) and the African Charter on Human and People's Rights. The Article 5 Initiative sought to achieve this by developing a package of tools to assist with the implementation of UNCAT and the development of national plans of action for the prevention and eradication of torture and other ill-treatment.
Outputs
The main output from the EU funded project was a manual ‘Practical Monitoring Tools To Promote Freedom From Torture’ as a guide for the domestication of UNCAT. This manual followed three years of consultations and pilot testing of the tools in six African States (Burundi, Kenya, Mozambique, Rwanda, South Africa and Uganda). A copy of the manual is available to view.
This publication contains the tools that have been developed under the project – the ‘Domestication and Implementation Packages’ (DIPs), as well as guidance on how to use these tools and a description of the background to the project.
The DIPs have been developed to form a package of tools that can be used by a range of actors to help improve compliance with the obligations to prohibit and prevent torture and other ill-treatment set under the UN Convention against Torture (UNCAT). The DIPs address the four broad duties imposed by the UNCAT:
- The duty to combat impunity
- The duty to prevent torture and other ill-treatment
- The duty to provide redress to victims
- The duty to report to treaty monitoring bodies
The tools are made up of i) Guidance Notes - which explain in detail the obligations contained in the UNCAT and provide information on what is required in order to comply with these obligations in practice; and ii) Checklists – these are aimed at monitoring the extent to which the obligations in the UNCAT have been complied with by States parties and identifying any areas that require reform.
The DIPs have a number of practical applications such as:
- To monitor compliance with the obligations set out under the UNCAT
- To develop specific national action plans to improve compliance with the UNCAT
- To improve State reporting to the Committee against Torture, and other relevant bodies, on measures taken to implement and comply with the UNCAT.
The Article 5 Initiative therefore hope that the DIPs will be of use to a wide range of actors including government officials; police, prison and military officials; parliamentarians; legal practitioners; national human rights institutions; civil society organisations and other human rights defenders.
Other outputs from the Article 5 Initiative have included the following:
- Article 5 Initiative Information Pamphlet
- Joint Press Statement on on the Commemoration of the UN Day In Support of Torture Survivors in Uganda, June 26 2013
- Briefing for the UN Committee against Torture, 12 May 2014 (confidential)
- Baseline studies on the framework for the prohibition and prevention of torture in Burundi, Mozambique, Kenya, Rwanda, South Africa and Uganda (confidential)
- Reports of stakeholder consultations held in Burundi, Mozambique, Kenya, Rwanda, South Africa and Uganda (confidential)
- Uganda Action Plan for the implementation of the Prevention and Prohibition of Torture Act 2012 (confidential)
Recent Developments
The Article 5 Initiative partners continue to work together to provide advice and support to institutions at all levels for the prohibition and prevention of torture and other ill-treatment in Africa. For example, the Article 5 Initiative partners have provided support for the implementation of OPCAT in Rwanda. Between 2015 and 2016 the Article 5 Initiative partnership also assisted in the drafting of the African Commission’s General Comment no. 4 on the right to redress for victims of torture.
Article 5 Initiative briefing to the UN Committee against Torture
On 12 May 2014, Debra Long from the HRIC gave a briefing to members of the UN Committee against Torture on behalf of the Article 5 Initiative. The briefing was aimed at introducing the package of tools that have been developed by the Article 5 Initiative to assist efforts to domesticate the UN Convention against Torture in Africa. It also explored opportunities for these tools to support the crucial work of the Committee against Torture in the region.
Workshops held in Uganda on the implementation of the new anti-torture Act
As part of its activities under the Article 5 Initative, the HRIC organised a workshop on 13 and 14 November 2013 in Kampala, Uganda, to assist with the implementation of the new Prevention and Prohibition of Torture Act. The workshop was organised with the assistance of the Uganda Human Rights Commission (UHRC), and was held in collaboration with the Association for the Prevention of Torture (APT) and the Omega Research Foundation (Omega).
The workshop brought together key representatives from government; parliament; police, prison and military services; and civil society to identify the short-term priorities for the implementation of the new anti-torture Act. The outcome of the workshop was the development of an action plan for 2014-15. This action plan highlights a range of measures aimed at raising awareness of the Act, improving oversight, identifying training needs and legal reform required to give effect to the Act. This action plan will be a useful tool for a range of national actors to develop strategies on the implementation of the Act and monitor progress over time.
In a related event, the HRIC also participated in a training workshop organised by Omega and the UHRC on 15 November 2013. The overall aim of this training was to sensitise relevant stakeholders on the forms of military, security and policing equipment which may constitute torture within the meaning of the new anti-torture Act; the issues associated with the use of these weapons; and to provide practical tools and techniques to record, identify and monitor them.
Second workshop on the domestication of UNCAT in Uganda
On 3 and 4 December 2012 a second stakeholder workshop was held in Uganda as part of the Article 5 Initiative. The workshop was organised with the assistance of the Uganda Human Rights Commission. The aim of this second workshop was to pilot test checklists that had been prepared as part of a toolkit for the domestication of UNCAT. The workshops had an important capacity development component and brought together a range of key national stakeholders and experts. The workshop also enabled an early review of the recently adopted Prevention and Prohibition of Torture Act, which received Presidential Assent in July 2012.
Workshop on the domestication of the UN Convention against Torture in Uganda
Between 17 and 18 July 2012 the HRIC held its first consultation in Uganda under the Article 5 Initiative (A5I). The A5I is a partnership between the HRIC and the University of Cape Town; the University of the Western; and the African Policing Civilian Oversight Forum (APCOF). The project is supported by the European Union through its European Instrument for Democracy and Human Rights. The aim of the A5I is develop a package of tools, ‘Domestication and Implementation Package’ (DIP), to assist African institutions with the domestication of the UNCAT. The first workshop was organised with the assistance of the Uganda Human Rights Commission (UHRC) as the in-country liaison for the A5I in Uganda.
The first workshop brought together a range of key national stakeholders including representatives from the President’s Office; Ministry of Justice and Constitutional Affairs; Ministry of Foreign Affairs; Ugandan Police Force; Ugandan People’s Defence Force; Ugandan Prisons Services; High Court; EU; OHCHR; UHRC; and civil society organisations. The objective of the workshop was to introduce the A5I and the first draft tools in order to get feedback on the drafts for further revision to maximise their relevance and impact. Two further workshops will be held in Uganda in 2012 and 2013 under this initiative.