Study on the Use of Force by Law Enforcement Officials in Africa

Cette étude de la Commission Africaine des Droits de l'Homme et des Peuples (ACHPR) examine l'usage de la force par les forces de l'ordre en Afrique. Elle analyse les cadres juridiques internationaux et régionaux, les pratiques nationales et les défis en matière de respect des droits de l'homme. L'étude formule des recommandations à l'intention des États, des institutions nationales des droits de l'homme et de la société civile pour prévenir les abus et garantir la responsabilité. Elle…

ACHPR African Commission on Human & Peoples' Rights

Human Rights our Collective Responsibility

Study on the Use of Force by Law Enforcement Officials in Africa

An Organ of the African Union

Funded by:

African Commission on Human and Peoples’ Rights

Study on the Use of Force by Law Enforcement Officials in Africa

IN MEMORIAM

Prof. Christof Heyns (1959-2021)

Professor of Law at the University of Pretoria; Director of the Institute for International and Comparative Law in Africa and formerly Director of the Centre for Human Rights and Dean of the Faculty; UN Special Rapporteur on extrajudicial, summary or arbitrary executions (2010-2016); Member of the UN Human Rights Committee (2017-2020); and Expert Member of the African Commission's Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa. Having dedicated several of his reports as Special Rapporteur to the UN to the subject of the use of force by law enforcement, and having established a number of research projects at the University of Pretoria investigating the same, Prof. Heyns played an important role in the conception and early drafting of this Study. His sudden death in March 2021 shocked and saddened the human rights community in Africa and around the world

PREFACE

In few words I would like to remind you of the history that led to the instrument we now have in our hands, which I believe will be of great value so that our law enforcement officers can effectively work with the necessary balance between respect for human rights and the guarantee of public order and tranquillity.

In 2020, at its 27th Extraordinary Session, the ACHPR adopted Resolution 437, which called for an assessment of the excessive use of force by law enforcement agencies in our African countries.

There was concern that there were often episodes of excessive or disproportionate use of force, especially lethal weapons, by police forces to replace other deterrent forces. This flagrantly violated the greater good, which is life.

To this end, it indicated 3 Mechanisms, namely the Death Penalty, Extrajudicial, Summary or Arbitrary Executions and Enforced Disappearances, the Defenders of Human Rights Defenders and and Focal Point on Reprisals in Africa as well as Prisons, Conditions of Detention and Policing in Africa.

The study received support of the Committee for the Prevention of Torture in Africa, which contributed to its success.

The Centre for Human Rights of the University of Pretoria coordinated the study and provided technical assistance to the Commission for that purpose.

I would like to take this opportunity to pay tribute to the great Professor Christof Heyns, who left us too soon. We discussed the details of the study, its purpose and scope with him before he passed away.

However, I recognise that his team did not fall short of expectations and today we have the pleasure of honouring him with the publication of this study.

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Documents cités dans ce texte

CITE African Charter on Human and Peoples' Rights Considering Article 45(1)(a) of the African Charter which mandates the Commission to 'collect documents, undertake studies and researches on African problems in the field of human and peoples' rights;'
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CITE Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa Further recalling the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa, adopted during the 21st Extra-Ordinary Session, held from 23 February to 04 March 2017;
CITE Resolution ACHPR/Res.79 (XXXVIII) 05 on the Composition and Operationalization of the Working Group on the Death Penalty Recalling its Resolution ACHPR/Res.79 (XXXVIII) 05 on the Composition and Operationalization of the Working Group on the Death Penalty, and Resolution ACHPR/Res.227 (LII) 2012 on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, to include Extra-Judicial, Summary or Arbit
CITE Resolution ACHPR/Res.227 (LII) 2012 on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, to include Extra-Judicial, Summary or Arbitrary Killings in Africa Recalling its Resolution ACHPR/Res.79 (XXXVIII) 05 on the Composition and Operationalization of the Working Group on the Death Penalty, and Resolution ACHPR/Res.227 (LII) 2012 on the Expansion of the Mandate of the Working Group on Death Penalty in Africa, to include Extra-Judicial, Summary or Arbit
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CITE Guidelines on Policing Assemblies by Law Enforcement Officials in Africa and Guidelines on Policing Assemblies by Law Enforcement Officials in Africa (2017).
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