Technical commentary on the antitorture framework in. Overview of antitorture legislation in latin america and. Short title secured transactions in movable assets act, 2017 printed and published by the federal government printer. In december 2017, president buhari signed the antitorture act, which penalizes acts of torture and other cruel, inhuman and degrading treatment. In november 2000, the nhrc with the support of australian embassy to nigeria hosted a workshop on. Antitorture act 2017,buhari signs six6 new bills into. Nigeria is also party to some international treaties such as the international covenant on civil and political rights, the convention against torture and other cruel, inhuman or degrading.
Nigerias same sex marriage prohibition act, 20 has made a bad situation much worse for nigerias beleaguered lgbt community. The ministry of home affairs has published a list of detention centres four days after a legallymandated deadline elapsed. Nig eria ranked 6 out of 176 countries on transparency internationals 2016 corruption. Torture and other illtreatment nigeria accepted four recommendations addressing torture and other illtreatment, including to. Torture is a human rights violation and is prohibited in the bill of rights of the south african constitution torture is now a recognized crime in south africa and perpetrators of this specifi c crime can be charged, tried and prosecuted under the prevention and combating of torture of persons act of 20 the antitorture act. Women trafficking and child labour eradication foundation wotclef is one of the most established antihuman trafficking organizations in africa known to have carried out the most powerful advocacy campaign to strengthen the fight against trafficking in persons and child labour in nigeria. Prevention and prohibition of torture act, 2012 uganda. The act prescribes offences and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. In december 2017, the nigerian antitorture act 2017 was entered into force.
Against this background, the antitorture bill is coming at a most opportune time. The antitorture law that came into effect on march 22 stipulated that the list. Victim refers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined above and any individual who has. Nigeria has historically suffered from fluctuating high rates of inflation, which has averaged above 10 per cent over the past six years, peaking at 18. Pdf copy of this document is available for n500 only. Unfortunately, the law has significant gaps, in that it lacks fundamental provisions on investigation of acts of torture and victims right to rehabilitation. An advocacy brief for recommendations to nigeria in the 31. Nigeria, are in the process of adopting such legislation. Be it enacted by the senate and house of representatives of the philippines in congress assembled. Antitorture act, 2017 makes comprehensive provisions for penalizing the acts of torture and other cruel, inhuman and degrading treatment or punishment, and prescribes penalties for the commission. The antitorture act 2017 is an unsung legislation with farreaching implications for law enforcement in nigeria.
Implementing rules and regulations of the antitorture act of 2009. The organisation singlehandedly led the campaign that brought about the. Against persons with disabilities prohibition act, antitorture act, universal basic education act, violence against persons prohibition act and hivaids antidiscrimination act. In the light of recent development in nigeria regarding the brutality of the nigerian security agencies in their dealings with civilians,and the subsequent clamour by nigerians for the scrapping of sars,the antitorture act 2017 is indeed a welcome development and hopefully it will go a long way in. While it is still too early to make a final assessment of. In december 2017, the president signed the antitorture act, which defines and specifically criminalizes torture. In line with the convention against torture, the government of the federal republic of nigeria should adopt measures to ensure that the recently signed 2016 antitorture act prevents, prohibits and eliminates all forms of psychological, physical and other forms of cruel, inhumane and degrading treatment of persons based on. In 2017, the government of nigeria enacted the antitorture act as a key measure to eradicate torture in the country. The bill was passed by the national assembly of the federal republic of nigeria on 14 november 2017 and became law on 20. The us department of state human rights report for nigeria indicated that during 2017 the government brought formal charges under the same sex marriage prohibition act 20 ssmpa for the first time. While the act prescribes a punishment of up to 25 years imprisonment for torture offenders, it makes no provisions for the rehabilitation of victims and legal assistance to victims is limited to.
Still no accountability for human rights violations. Journalists found to be in violation of these laws have been detained and arrested without trial. Antigua and barbuda suppression of torture act, 1993. An act of parliament to give effect to article 25a and 29d of the.
However, freedom of the press is limited through antidefamation laws with severe penalties. Receive and consider communications torture from individuals, csos and government institutions e ii. While the act prescribes a punishment of up to 25 years imprisonment for torture offenders,3 it makes no. This act implements kenyas obligations under the convention against torture and other cruel, inhuman or degrading treatment or punishment, which it ratified on 21 february 1997, as well as provides for the prevention, prohibition and punishment of such acts as well as reparations to victims.
Federal capital territory water board establishment act, 2017. United nations convention against torture wikipedia. Prior to the coming into effect of the act, there was no. The purpose of this hearing was to familiarise members of the national assembly, government ministries, service chiefs and organised private sector with the concept of nap and the need for same. Women trafficking and child labour eradication foundation.
The law has led to an increase in extortion and violence. You have signed your death warrant torture and other ill treatment in the special antirobbery squad amnesty international 7 methodology this report examines the use of torture in special antirobbery squad sars stations in enugu and anambra states, and the federal capital territory fct abuja. Secured transactions in movable assets act, 2017 act no. Asf commends nigeria on anti torture law the guardian. Late senator longjang was a peaceful man, committed to nigerian project lawan. This new legislation not only criminalises torture but also prescribes 25 years imprisonment for perpetrators of torture. Kennedy human rights called for the immediate release of lawyer and human rights defender nkongho felix agborballa and of university lecturer dr. The minister, who was represented by the solicitor general of the federation and permanent secretary dayo apata esq, explained that anti torture act, 2017 made comprehensive provisions for penalizing the acts of torture and other cruel, inhuman and degrading treatment or punishment, and prescribed penalties for the commission of such acts. The law prescribes offenses and penalties for any person, including law enforcement officers, who commits torture or aids, abets, or by act or omission is an accessory to torture. In latin america and the caribbean, 5 states have enacted specific antitorture laws. List of issues in the absence of the second periodic report of nigeria. On 20 april 2017, the prevention of torture act was issued in the republic of kenya.
March 27, 2017 today, the antitorture initiative and the robert f. Nigeria signed the convention on281h june, 1988 andratifiediton28th june,2001, 2, the terms ofreference ofthe committee include. Ccpr cngaco2 advance unedited version distr general 25. Compulsory treatment and care for victims of gunshot wounds act, 2017. In order to bridge this information gap and support adoption of antitorture legislation that implements the convention against torture at the national level, the convention against torture initiative cti commissioned the association for the prevention of torture apt to draft this guide on antitorture legislation. Acted by the national assembly of the federal republic of nigeria. There is a considerable risk that states not having such a framework in place fall short of their. The national assembly, by passing the antitorture act 2017 has dealt a serious. F, director citizens right in his reaction, said that nigeria is concerned about the faith of some individual that may have wittingly or unwittingly. Freedoms of speech, religion and the press are constitutionally protected human rights in nigeria. Antitorture act, 2017 a bill for an act to penalise the acts. The apt was founded in 1977 by the swiss banker and lawyer jeanjacques gautier.
In addition to the ssmpa, under the nigeria criminal code act of 1990, carnal knowledge of any person against the order of nature carries a maximum sentence of 14 years in prison. The antitorture act 2017 was passed by the 8th national assembly and signed into law by president muhammadu buhari on december 29, 2017. This commentary focuses on efforts undertaken in nigeria to adopt specific antitorture legislation. Femi gbajabiamila has tasked the committee saddled with the responsibility of hosting the 51st commonwealth parliamentary association cpa, a.
Nigerian federal ministry of justice mandate of the. President of the senate, ahmad lawan has said that senator. On 20 april 2017, the prevention of torture act was issued in the republic of. This report is part of a regional project entitled antitorture legislative frameworks. As of november, a hotel owner and two staff were awaiting trial on charges of aiding and abetting homosexual activities contrary to section 52. Adopted by the committee at its 126th session 1 26 july 2019. Federal republic of nigeria and various international instruments to. In 2002, royal dutchshell was sued in us federal court by esther kiobel, the wife of dr. National implementation of ihl the prevention of torture act, 2017. And whereas it is necessary to give effect in uganda to the convention against torture and other cruel, inhuman or degrading treatment or punishment adopted by the general assembly of the united nations on 10th december, 1984 and ratified by the republic of uganda on 26th june, 1987. Air force institute of technology of nigeria establishment act, 2017.
The home minister was required by the the recently passed antitorture act to make public a list of prisons and detention centres where individuals are held in state custody. Act 3 prevention and prohibition of torture act 2012. National implementation of ihl the prevention of torture. The constitution and law prohibit torture and other cruel, inhuman, or degrading treatment. It briefly outlines the practice of torture and other illtreatment in nigeria and examines the existing. This act makes comprehensive provisions for penalising the acts of torture and other cruel, inhuman and degrading treatment or punishment, and prescribes penalties for the commission of such acts. Nigerian government signs antitorture act 2017 into law.