cover image: UNEQUAL JUSTICE  - Accountability for Torture Against LGBTIQ+ Persons in Africa

UNEQUAL JUSTICE - Accountability for Torture Against LGBTIQ+ Persons in Africa

18 May 2022

In that sense, the absolute prohibition of torture – which in many cases has present report is an extremely important contribution to the percolated to the domestic legislation of the countries sur- knowledge stock available to the international community veyed – the applicability of these protections in the case of for its formulation of public and foreign policy, developmen- lesbian, gay, bisexu. [...] By In the elements of the UNCAT definition of torture, including the discriminatory purpose in their definition the ‘purpose’, which should include “discrimination of torture, States enable the prosecution of LGBTIQ+ vi- of any kind”, is perhaps the most relevant element to olence as torture, provided that the other elements of examine in the context of torture of LGBTIQ+ persons. [...] There have been concerns about the lack of financial resources to enable the South African Human Rights Commission to fulfil its mandate, the lack of clarity concerning the selection of members, and the lack of a specific mandate to monitor places of detention: Office of the United Nations High Commissioner for Human Rights (OHCHR), Committee against Torture examines the situation in South Africa,. [...] In the DRC, the National Commission on Human Rights’ limited budget prevents it from having a permanent presence throughout the country; and NGOs have been denied authorisation from the authorities to visit and monitor prisons: UNHRC, Situation of human rights and the activities of the United Nations Joint Human Rights Office in the Democratic Republic of the Congo: Report of the United Nations Hi. [...] In Malawi, concerns were raised about the independence of the Inspectorate of Prisons, and NGOs have remarked that the recommendations made by this body and the Human Rights Commission are rarely taken seriously and “largely ignored by Parliament”: Centre for Human Rights and Rehabilitation, Civil Society Report on the Implementation of the ICCPR (Replies to the List of Issues), 2014, CCPR/C/MWI/Q.
Pages
73
Published in
South Africa