"Torture continues to feature as a serious human rights violation in Africa. This explains why, during its 32nd ordinary session held in Banjul, The Gambia, the African Commission on Human and Peoples' Rights (the African Commission) resolved to adopt the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines (RIG)). This is a new development in Africa aiming at operationalisng article 5 of the African Charter. The RIG are phrased in a seemingly ambitious language, but their implementation by the African states remains doubtful because they are not legally binding. This has to be viewed in the light of the fact that many African countries are states parties to major regional and international human rights instruments, but human rights violations still persist. ... Chapter I has covered the proposal which includes the background to the study, research question, research methodology, limitation of the study, definition of torture, torture as jus cogens, literature review, and the division of chapters. Chapter II covers a synopsis of the international instruments and mechanisms to combat torture. Chapter III deals with the European and American systems' approach to combating torture. Chapter IV covers the African human rights system and torture, and finally, chapter V includes the general conclusion and recommendations. A draft of the recommended African Charter on the Prevention of Torture which has been drafted after looking at international, the European and Inter-American conventions on torture, has been attached as the main recommendation." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Julia Sloth-Nielsen at the Faculty of Law of the University of the Western Cape, Republic of South Africa