"The vendor who changed Malawi: Mayeso Gwanda took the state to court after his arrest for an outdated and vague petty crime. While he was successful in changing the law, the African Union is calling for more to be done. Enforcing these sorts of minor offences leads to lifelong consequences...
‘Poverty is not a crime’ media campaign launched in Tunisia
https://youtu.be/k2lj7PYx86s As part of their activities under the Campaign to Decriminalise Petty Offences in Africa, the Organisation against Torture in Tunisia (OCTT) has launched an media campaign to raise the awareness of the public and the policymakers about the necessity to stop criminalizing the minor offences that target poor and...
Petty Offences Symposium Report released
Throughout the globe, petty offenses, such as loitering laws, are used to exert social control. They criminalize poverty and marginalization and police gender norms. In the United States and locally in Miami, the use of petty offenses to criminalize poverty is also a critical issue where people experiencing homelessness regularly...
Regional High Level Consultation Dialogue Report
Regional High Level Consultation Dialogue Report on Implementation and Domestication of AU Standards to Decriminalize Petty Offences SADC Lawyers Association’s primary mandate is to promote good governance & the rule of law in the SADC region. There has been prevalent existence and application of petty offenses in the region &...
MALAWI: Law Society rejects Legal Aid Proposal
In a proposal addressed to the Legal Affairs Committee of Parliament dated April 7 2021, the bureau wants limited right of audience for legal aid assistants, popularly known as paralegals, in particular in subordinate courts that deal with matters that are within their competence levels. The bureau argues that most...
KENYA: New Law bans spitting, urinating in public
You risk either being slapped with a Sh10,000 fine or a six-month jail term if you are caught blowing your nose, spitting or going for a short call in public place in Nairobi. This is according to a new law by Nairobi County Assembly which was introduced on Friday, August...
Justice for Poor – Fight intensifies
The battle for legal representation for the poor has intensified with the Judiciary, some lawyers and civil society organisations backing a Legal Aid Bureau proposal to allow paralegals limited access in magistrate’s courts. But the Malawi Law Society (MLS) has remained a lone voice, protesting the proposal on the basis...
Report human interest stories – journalists told
Ghanaian journalists have been advised not to forget their core mandates as agenda setters to report human interests stories particularly on the vulnerable to engender developmental activities. According to celebrated journalist and a lecturer at the University of Education, Winneba, Abdul Hayi Moomen, sensationalism has taken centre stage of the...
“Decriminalising poverty in South Africa” – Webinar report
South Africa’s Constitution, reflective of regional human rights law, embodies values and principles that mandate the adoption and implementation of measures that promote a more inclusive and egalitarian society. To achieve this, the state is compelled to identify and address the underlying and social determinants of poverty, inequality and social economic marginalisation. However, across all nine...
Abuja High Court denounces violation of Women’s Rights by law enforcement agencies
12 August 2021, Abuja – On 5 August 2021, the Federal High Court of Nigeria, Abuja Division, per Justice Maha, handed down a groundbreaking decision against law enforcement agencies that violated women’s rights. The Applicants were among 71 women who were arrested at various public spaces in Abuja between 17 and...
Malawi High Court to Determine Constitutionality of Police Sweeping Exercises
21 June 2021, Blantyre – Today, Judge Zione Ntaba heard the case of State v Officer in Charge, Kasungu Police Station and Inspector General of Police, Ex Parte Banda and 2 Others, which challenged arbitrary arrest practices, The Applicants raised the issue of the unreasonableness of the arrest, taking into...
African Court Challenges States to rethink the Basis of their Criminal Laws
Africa.com 22 January 2021 By Anneke Meerkotter On 4 December 2020, the African Court on Human and Peoples’ Rights issued an Advisory Opinion which challenges the very notions which underpin our class-based societies. The African Court stated that there is no reasonable basis for a law which distinguishes between so-called...
Africa: a Regional Campaign to Decriminalise Petty Offences
In March 2015, a street vendor named Mayeso Gwanda was arrested on his way to work in Malawi for being a ‘rogue and vagabond’. He was one of thousands of people a day across Africa to be affected by the enforcement of petty offences – archaic, colonial-era laws that are...
Prioritise non-custodial sentencing
Speakers at a roundtable discussion on sentencing in the country’s Criminal Justice System have called on judges to prioritise the option of non-custodial sentencing that exist under the 1992 Constitution rather than giving custodial sentences to convicts especially, petty offenders. They have also called on government to expedite action to...
Campaign partner APCOF recommends investigation into bylaws
To promote constitutionally compliant legislation, in the past 27 years, South Africa’s policy and legislative environment has been a subject of sustained and progressive reform. However, across all nine provinces, laws still exist that criminalise the status of individuals, and penalise the performance of life-sustaining activities in the public places, effectively...
Scrap Vagrancy Laws – Advocates Appeal
With the increasing number of inmates in Ghana’s prisons, crime prevention organization Crime Check Foundation (CCF) has partnered with the Open Society Initiative for West Africa (OSIWA) to advocate the annulment of vagrancy laws. The project dubbed “Decriminalizing Vagrancy Laws Advocacy Project” seeks to decriminalize poverty. A vagrant is a person...
Crime Check Foundation & OSIWA partner on Decriminalizing Vagrancy Laws and Advocacy (DVLA) project
The Open Society Initiative for West Africa (OSIWA) has extended funding support to Crime Check Foundation (CCF) in a collective quest to end laws, which criminalize the status of individuals as being poor, homeless, as opposed to specific wrongful acts. This is under a partnership titled ‘Decriminalizing Vagrancy Laws and...
Decriminalising and declassifying petty offences in Tunisian legislation
Recently, the Organization Against Torture in Tunisia organised an experts seminar, as part of this campaign's activities. The seminar was held in a hotel in Hammamet on March 20 and 21, 2021. The general objective of this conference was to raise awareness among Tunisia's civil society and judicial authorities about...
Statement in response to the activity report of the Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa (Item 7)
68th Ordinary Session of the African Commission on Human and Peoples’ Rights 14 April – 4 May 2021 Dear Hon. Chairperson, Hon. Commissioners, all protocols observed. The Centre for Human Rights Education, Advice and Assistance (CHREAA), welcomes the opportunity to respond to the activity report of the Special Rapporteur on...
Eleven people who are homeless go to court to challenge Cape Town’s discriminatory by-laws
Last week eleven people experiencing homlessness launched applications in both the Western Cape High Court and the Equality Court (South Africa) challenging the constitutionality and discriminatory impact of two of the City of Cape Town’s municipal by-laws, namely the By-law relating to Streets, Public Places and the Prevention of Noise...
Petty Offences Newsletter: November 2020 to February 2021 Activities
The quarterly digest of petty offences campaign activities for November 2020 to February 2021 is in three languages, English, Portuguese and French.
Imprisoned under the Cover of COVID
The Bureau of Investigative Journalism25 November 2020 Edward was lying on his bed when he heard shouting and banging. Last night had been fun: he’d hosted some friends at the LGBTQ+ homeless shelter where he lives and they had stayed up late, talking and drinking. As he pulled on his...
Documentary on Zambia prisons
https://youtu.be/lUIqiZJJMlk The Legal Resources Foundation, Southern Africa Litigation Centre, Prisoners Reintergration and Empowerment Organisation and Decisive Minds put together a documentary on prison conditions in Zambia and the urgent need to decongest prisons. The documentary was published on Diamond TV Zambia.
Rwanda Should Stop Locking Up the Poor
Reliefweb 21 December 2020 African Court Decision Condemns Practice The African Court on Human and People’s Rights has held that states’ laws enabling the detention of people who, often because of poverty, are forced to live on the street, violate human rights law. On December 4, the regional human rights...
COVID-19 Rules Haunt the Poor
The NationBy James Chavula27 January 2021 In 2017, a vendor moved the Constitutional Court to scrape a colonial law made by Britain in 1924 that empowered police to extort bribes from the poor and exert excess force on people they do not like. Now the adoption of coronavirus prevention rules...
Decriminalization of Petty Offences in Morocco towards Restorative Justice
As part of the African campaign to decriminalise petty offences, the ADALA (Association "for the right to a fair trial"), with the support of the Open Society Foundations, officially launched the campaign in Morocco on January 15, 2021, in Marrakech. The first action of the campaign, a seminar under the...
South African vagrancy laws hark back to colonial times and violate human rights
Daily MaverickAbdirahman Maalim Gossar13 December 2020 In a watershed judgment, the African Court on Human and Peoples’ Rights has ruled that vague, outdated colonial-era laws, like those that outlaw being idle or disorderly, are a violation of human rights as embodied in the African Charter. On Sunday, 19 March 2019,...
African Court’s Landmark Opinion Could Reduce Criminalization of Poverty, Prison Overcrowding
All Africa Open Society Foundations (New York)'s Press Release 4 December 2020 Today, a continental court in Africa delivered a landmark opinion on colonial era vagrancy laws, which criminalize activities such as loitering, public indecency, and begging. The judgement has the potential to help reshape criminal justice policy and practice...
Repeal Vagrancy Laws as they are Discriminatory: African Court Declares!
The African Court on Human and Peoples' Rights, in its 59th Ordinary Session, has today declared that vagrancy laws as contained in national laws are in breach of the African Charter on Human and Peoples Rights (African Charter), Children's Rights Charter, and Women's Rights Protocol (Maputo Protocol). The Court further...
Findings on Petty Offences Violations in Nigeria
Lawyers Alert in partnership with Open Society Initiative for West Africa (OSIWA) released petty offences violations data report for Nigeria. The data is captured using its online tool and is continuously analyzed across ages, locations, types, and trends. It serves as an advocacy tool and for tailored program interventions. The...
Johannesburg cannot Police its Future
The Mail & Guardian On 29 June this year, amid the generalized panic and concern about rising Covid-19 infection and police brutality both locally and globally, the Johannesburg High Court, in Johannesburg, issued a judgement with potentially major implications for the future of policing in Johannesburg and South Africa more...
Kenya’s Gulag: The Dehumanisation and Exploitation of Inmates in State Prisons
The ElephantBy Patrick Gathara Kenyan prisons today carry the DNA of their forebears – the colonial prisons and Mau Mau detention camps. They are about brutalising prisoners into submission and scaring the rest of society into compliance with the state. And like their colonial predecessors, they are also sites of...
Petty Offences Newsletter: Digest of Campaign activities in September 2020
In September 2020, the Regional Campaign to Decriminalise Petty Offences hosted a virtual conference entitled Policing Pandemics, Balancing Rights. The conference communique and recordings of the conference are available online, for 14 September 2020, 15 September 2020, and 16 September 2020. Snippets from some of the conference presentations are included in this newsletter. Find the...
Petty Offences Newsletter: Increased Criminalisation in Response to the COVID-19 Pandemic in Africa
Regional Campaign partners remain deeply concerned about the criminalisation of poverty across our continent. It is critical that the Principles on the Decriminalisation of Petty Offences are implemented by all States. The global COVID-19 pandemic has resulted in the enactment of legislative and regulatory instruments to curb the spread of...
ZIMBABWE: Balancing Human Rights and Enforcement of Public Health Measures
ICJ Kenya By Richard Ncube Corona virus which is popularly known as COVID 19 has taken a terrible grip of the world- it is described as an invisible enemy. [1] What started as a pneumonic respiratory disease in the Wuhan District of the People`s Republic of China has turned into a cataclysm...
Enemies of the Nation: How the ‘war on drugs’ has failed South Africa
The Daily Maverick First published by GroundUp The global “war on drugs” has failed. The decades during which it has been waged have inflicted devastating consequences on societies in both hemispheres. These are no longer fringe advocacy assertions. They are an increasingly obvious truth. A series of authoritative international reports has documented...
PRESS RELEASE: With People in Detention Vulnerable to Uncontrollable spreads of COVID-19, Ground-Breaking Research Investigates the Gruelling Reality of Female Imprisonment in Sierra Leone
AdvocAid First comprehensive study of women in Sierra Leone’s prisons finds 62% of those interviewed were pre-trial detainees Pretrial detention contributes to overcrowding, which is alarming with the current COVID-19 pandemic 34% interviewees had been arrested and detained for survival economic or petty crime Almost three quarters of women interviewed...
Malawi Human Rights Groups Warn of COVID Deaths in Packed Prisons
The Guardian Human rights campaigners in Malawi are calling on the government to urgently release people from its notoriously overcrowded prisons as cases of Covid-19 are rising among both staff and inmates. Currently, 86 inmates and 21 members of staff have tested positive for Covid-19, according to the Malawi prison...
In Prisons Across Sierra Leone, Women are Detained because they Owe Debt
Progressive International Women’s imprisonment is closely related to poverty: women are in debt because they are poor and cannot afford basic life expenses, and their experiences are worsened because they often cannot afford legal services, fines, or bail. Because people are unaware of their legal rights and because of outdated...
Lawyers Alert Releases Data on Human Rights Abuse Associated with Petty Offences in Nigeria
The Nigerian Voice Data on human rights abuse associated with petty offences in Nigeria covering the period October 2019 and March 2020 have been released by Lawyers Alert. The Data detailing the analysis of human rights violations based on types of petty offences is with a view to serving as...
Thousands of South Africans who Broke Lockdown Rules could have Criminal Records
Business Tech The Department of Justice and Correctional Services is currently working on new legislation which will stop admission of guilt fines attracting criminal records in South Africas, says deputy minister John Jefferies. Jefferies made the announcement in a parliamentary briefing on Monday (18 May) after opposition parties raised concerns...
Three Months in Jail for Breaking Lockdown Rules, Judge Orders Release of Waste Pickers
The Citizen Forced to choose between hunger and breaching the lockdown regulations, two waste pickers chose the latter – and wound up behind bars for three months. Now, the North Gauteng High Court has ordered the men’s immediate release and slammed the authorities for the “absolutely unacceptable” way in which...
Prisons, Overcrowding and Preventing Covid-19 Transmission
Over 163,000 people are in correctional facilities in South Africa. Outbreaks of Covid-19 in these prisons can have catastrophic consequences for both prisoners and the public healthcare system. This article by ACJR's Lukas Muntingh was published by Spotlight and Daily Maverick. One need not be an expert in public health...
Amnesty International: Sub-Saharan States must Protect Detainees against COVID-19
Amnesty International In many countries in Sub-Saharan Africa, prisons are overcrowded. Prisoners often live in squalid conditions and the healthcare systems inside prisons are extremely poor. The coronavirus pandemic makes detainees particularly vulnerable and at risk. COVID-19 calls for states to quickly solve issues regarding their detention system to avoid...
Malawi to Decongest Prisons With Covid-19 Cases Rising Fast Among Inmates
AllAfrica Minister of homeland security, Richard Chimwendo Banda , acknowledged that the situation in the the country's prisons over Coronavirus (Covid-19) pandemic is deteriorating because of overcrowding. Chimwendo Banda said this as Covid-19 cases has increased among both staff and inmates. He said a special presidential committee to look into...
Digest on Excessive Use of Force in Response to COVID-19 Pandemic
The Regional Campaign to Decriminalise Petty Offences has long argued for a change in police arrest practices and increased accountability of law enforcement agencies. Deprose Muchena, the Director of Amnesty International’s Southern Africa office, writes that the brutal killing of George Floyd has resonated in Africa, highlighting the long-standing problem of...
Overhaul and Align Laws on use of Force
The Mail & Guardian By Sean Tait On April 10, Collins Khosa was allegedly assaulted by members of the South African National Defence Force and the Johannesburg Metropolitan Police Department. Khosa died as a result of what appears to have been grossly overzealous enforcement of the Covid-19 state of national...
Malawi: Human Rights During a Lockdown
The Weekend Nation By Victor Mhango from the Centre for Human Rights Education, Advice and Assistance (CHREAA) and Anneke Meerkotter and Chikondi Chijozi from the Southern Africa Litigation Centre SALC) Malawi’s 2020 Public Health (Corona Virus Prevention, Containment and Management) Rules, prescribes what must happen if and when a lockdown takes...
Municipal oversight bodies must be beefed up to protect against human rights abuses by police
The Daily Maverick In the wake of the controversy surrounding a video of Cape Town resident Bulelani Qolani being dragged naked from his shack by municipal police, is it not time for a complete overhaul of police oversight mechanisms, and for Ipid to take control? A video in which the City...
UN Torture Prevention Body: COVID-19 shows need to Strengthen National Preventive Mechanisms
GENEVA (2 July 2020) — The UN Subcommittee on Prevention of Torture (SPT) has called for the role of domestic monitoring bodies, officially known as National Preventive Mechanisms (NPMs), to be strengthened, highlighting the importance of monitoring the conditions of people deprived of liberty in critical situations such as the current COVID-19 pandemic....


































