Updates Archives

Report on Advocacy visit to Hisbah, Kano, Nigeria to decriminalize petty offences
Lawyers Alert with the support of the Open Society Initiative of West Africa (OSIWA) is implementing a project that seeks to deepen efforts at decriminalization

RTI key stakeholders validate CHRI’s Right To Information training manual for judges
From CHRI: Some selected judges and members of Civil Society Organisations (CSOs) have endorsed a Commonwealth Human Rights Initiative (CHRI) Right To Information (RTI) training

Freedom of Expression cannot be Suppressed, Urges Sierra Leone’s Civil Society
AdvocAid, L.A.W.Y.E.R.S., I.LR.A.J., A Girl At A Time, Amnesty International, and Girlz Empowered are concerned about the recent arrest of Zainab Sheriff who was arrested and detained for a video she posted online

Malaysia’s sedition irony
One of the Sultan of Malaysia’s purchased a painting depicting parliamentarians as apes and frogs, a commentary on floor crossing, with no consequence (top image).

Harm reduction, racial justice, Indigenous Peoples rights: UN Human Rights Council breaks new ground on drug policy
IDPC: History was made this week at the UN. The Human Rights Council in Geneva adopted the most ambitious and progressive resolution on drug policy to date,

Food, Housing, and Racial Justice Symposium
The Human Rights Clinic and Program at the University of Miami School of Law, in collaboration with the Human Rights Society, the Office of Intellectual

Morocco: Journalist faces three years in jail for Facebook post
From Amnesty International: Responding to the opening today of the trial of journalist Hanane Bakour who faces up to three years in prison and a

Namibia | Same-sex couples find community in their legal challenge
From SALC: Daniel Digashu, one-half of one of the two couples fighting for the right to be recognised by the Namibian state, writes about how they found

Nigerian Mental Health CSOs call for the decriminalisation of suicide
No fewer than 41 health Civil Society Organisations have called on the Nigerian Federal Government to end the criminalisation of suicide in the country. The

Malaysia seeks to decriminalize suicide attempts
KUALA LUMPUR — Malaysia is seeking to decriminalize suicide attempts, its law minister said on Tuesday, the latest in a recent slew of legal reforms

USA: DC Council votes unanimously to decriminalize street vending
The measure passed Tuesday April 4, 2023, also creates vending zones, waives unpaid civil citations and streamlines the licensing process. It requires the mayor’s signature

Support. Don’t Punish Initiatives programme – Call for expressions of interest
Through this call, the Support. Don’t Punish campaign aims to identify and support local partners (up to 7) with funding of between USD 4,000 – 5,000 for

How harsh drug laws undermine health and human rights in Asia Pacific
From IDPC: Twenty-one countries in the [Asia Pacific] region operate either state-run compulsory detention and rehabilitation facilities for people who use drugs or similar facilities.

USA: New Mexico signs groundbreaking Fee Elimination Bill into Law
From Fines & Fees Justice Center: SANTA FE, NM – Last night, Governor Michelle Lujan Grisham signed HB 139, which eliminates the post-adjudication and bench warrant

Draft French law increasing penalties for ‘squatting’ denounced by UN Special Rapporteurs
(30 March 2023) The UN Special Rapporteur on extreme poverty and human rights, Olivier De Schutter, and the UN Special Rapporteur on the right to

Will predictive systems profile you as a criminal?
Fair Trials: Police forces and criminal justice authorities across Europe are using data, algorithms and artificial intelligence (AI) to ‘predict’ if certain people are at

“Call them crazy”: Criminalisation of activists undermines rule of law in the EU
From Fair Trials: The Dutch police continue to disregard the rule of law to criminalise the pacifist activist Frank van der Linde. In recent years,

Is Kenya going down a slippery slope?
From ICJ-K: On 27 March 2023, the Kenyan Section of the International Commission of Jurists (ICJKenya) continued to monitor and document the activities that unfolded

Protect Sex Worker’s Rights
SALC, CHREAA and FSWA call upon the Malawi Police Services and Government to consider police actions from the point of view of those most affected

Uganda: Reject anti-LGBTI law that criminalizes same-sex sexual activity
From Amnesty International: During the debate in the Parliament, MPs passed to impose life imprisonment punishment for same sex conduct, and 10 years for attempted

Campaign members denounce new law in Guinea-Bissau criminalising children begging
From ACJR & Reformar: It was reported from Guinea Bissau on 20 March 2023 that a new law will prohibit Islamic leaders using children for begging.

Webinar: Sub-National Government and the Criminalisation of Poverty & Status: Defining the problem
Partners ACJR, Lawyers Alert, CHREAA, LHR and ICJ-K hereby cordially invite you to the first of a series of webinars on sub-national governance and the

African Human Rights Yearbook Vol 6 released
The Pretoria University Law Press releases landmark publication of African Union Human Rights Bodies: African Human Rights Yearbook and launches call for contributions to 2023

Third-party intervention filed at the Community Court of Justice of ECOWAS
Amnesty International: On 22 March 2023, Amnesty International submitted a third-party intervention to the Community Court of Justice of the Economic Community of West African

Defending Waste Pickers’ Livelihoods: Lessons from Litigation in Latin America
From WIEGO: Waste pickers have won several legal actions in Latin America over the past two decades. This edition of Law & Informality Insights – Defending
Challenging Criminal Code on Alarming Publications in Botswana
Partner Southern Africa Litigation Centre (SALC) supports Tshepo Junior Sethibe through Obonye Attorneys, represented by Dr Jonas Obonye, who are challenging Section 59(1) of the Botswana Penal

Kenyan Prisons Target 10 Million Trees in Decongestion Drive to See Petty Offenders Freed
Nyahururu — The State Department for Correctional Services will start engaging petty offenders in tree planting exercises under Community Service Orders (CSO) in a bid

Applications open for Waging Justice for Women Fellowships
From Clooney’s Foundation for Justice: “For too long, the law has served as a tool of oppression against women and girls, who continue to face

New Mexico, US approves groundbreaking bill to end costly court fees in legal system
From partner Fines & Fees Justice Center: With clear bipartisan support, the New Mexico Senate approved legislation to eliminate the post-adjudication and bench warrant fees

Sudden homelessness is Years in the Making
Partner Invisible People gives an overview of how homelessness is years in the making: Homelessness is an event that can happen suddenly. One minute a
KENYA:A Reporter’s Tale of Agony in the Hands of Law Enforcers
By Ruth Kadide Keah. “My Press card and my job saved me from the agony of cleaning up Kibarani dumpsite along Mombasa- Nairobi highway” Seif Mkalla said,
SOUTH AFRICA:Decriminalise petty offences to reduce prison overcrowding
By Melody Kozah 2 August 2018 South Africa’s move towards decriminalisation aligns with the developmental approach to crime and violence. Speaking at the launch of
KENYA:We must stop criminalising poverty
By Collins Odote A fundamental tenet of any civilized society is the guarantee that the rule of law is the basis of governance. This requires that
SOUTH AFRICA:A Petty Offence Remains a Petty Offence-South African High Court
The Cape High Court recently dealt with the review of two decisions of the lower courts in which prison sentences were handed to two offenders
SIERRA LEONE: Attorney General to address ‘Petty Crimes’
The Attorney General and Minister of Justice, Charles Francis Margai, said he will work together with judges to solve issues around petty crimes. He said
GHANA: Decriminalizing Petty Offences In The Right Direction
CitiNewsRoom Human rights activist, Francis-Xavier Sosu, has welcomed a research report by the Commonwealth Human Rights Initiative (CHRI) Africa Office, on the need to decriminalize
KENYA:Petty Offenders Congesting Kenyan Prisons
Early in the morning of the 6th day of June 2018, at Mariakani law courts in Kilifi County, 9 men and a lady were brought
Communique: Poverty is not a crime
It remains the case that too many people, especially the poor and other disadvantaged groups, are arrested and even detained for the transgression of minor

MALAWI: Challenging constitutionality of rogue and vagabond offence
In March 2015, the applicant was arrested by police whilst on his way to the market where he works as a street vendor. He was
NCAJ Reform Committee engages DCI on criminal Justice Reforms
On 23rd June 2017, the Chief Justice of Kenya, Hon. David K Maraga, established The National Council on the Administration of Justice Committee on Criminal
NCAJ Reform Committee engages DCI on criminal Justice Reforms
On 23rd June 2017, the Chief Justice of Kenya, Hon. David K Maraga, established The National Council on the Administration of Justice Committee on Criminal Justice
KENYA:Government banks on law changes to stop jailing of petty offenders
Prisons are choking with inmates, and most of them were either convicted of petty offences or are pre-trial remandees. The Office of the DPP has
SOUTH AFRICA:“The Policing Of Sex Work In South Africa: A Research Report On The Human Rights Challenges Across Two South African Provinces” December 2017
DOWNLOAD: PPP Flyer Final: Introducing the Positive Policing Partnership The “PPP” Initiative: Sex work and policing in South Africa DOWNLOAD Sweat CSR Report Final – 5
The Policing Of Sex Work In South Africa
Marginalised and stigmatised groups in society such as migrants, sex workers, homeless people and drug users are at particular risk of human rights violations during
KENYA:Sex workers trained as paralegals protect colleagues from police harassment
Nov. 25, 2016, 6:00 pm By LYDIA MATATA, @lydiamatata The Star Newspaper Esther served a three-month jail sentence when she began sex work aged 16. Unable to
KENYA:Poverty is Not a Crime: Kisumu Residents Lament Harassment on Petty Offences
International Commission of Jurists Kenyan Chapter (ICJ Kenya) extended their decriminalization and re-classification of petty offences campaign to Kisumu’s Ofafa Hall on March 17th 2018.
Review Petty Offences Laws: ICJ Kenya Brings Decrim Campaign to Radio
In its deliberate engagement with residents and stakeholders on petty offences in Kenya, International Commission of Jurists –Kenyan section (ICJ Kenya) took its decriminalization and
KENYA: 10 Nairobi by-Laws That Could Get You Arrested
Kenyans have always found themselves on the receiving end when it comes to the law due to lack of knowledge on the existing rules of
KENYA: State could release petty offenders after case reviews: ODPP
Many petty criminal offenders in remand could soon be released as the Government moves to cut its spending on remandees, which currently stands at approximately
ZIMBABWE: Vendors acquitted over protest against Police and City Council operation to remove them from CBD
HRDs Alert 19 February 2018 A ZIMBABWEAN court has acquitted three informal traders, who had been on trial for allegedly committing public violence late last
KENYA: launches National Committee on Criminal Justice Reforms
The National Council on Administrative Justice (NCAJ) recently launched the Criminal Justice Reforms Committee (NCCJR) on January 15, 2018 at the Supreme Court Gardens. The
LAGOS, NIGERIA: Lawyer Asks Buhari to lead fight against petty offences
Lagos lawyer and civil rights advocate, Mr. Emeka Nwadioke has urged President Muhammadu Buhari to lead the campaign to decriminalize and declassify petty offences at
Human Rights: African Commission Adopts Principles for Decriminalization of Petty Offenses in Africa
The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 21st Extraordinary Session held from 23 February to 4 March 2017 in
Vagrancy-related provisions in various criminal laws and criminal procedure laws in Africa
Note: This table was compiled using the Penal Codes that are accessible online, and we accordingly cannot guarantee that we referred to the latest versions
How One Man Defeated the Legacy of an Empire
Across Africa, corrupt police officers use colonial laws to extort bribes, arrest and sexually assault the indigent and punish anyone they don’t like. Malawi is
The National Council on the Administration of Justice Committee on Criminal Justice Reforms Planning Meeting
The National Council on the Administration of Justice Committee on Criminal Justice Reforms (NCCJR) was established and gazzeted by The Chief Justice of Kenya, Hon.David
RWANDA:“All Thieves Must Be Killed” Extrajudicial Executions in Western Rwanda
The mayor said, “All thieves must be killed.” He said it was an order. −Witness to the execution of Fulgence Rukundo on December 6, 2016
Mr. Wilfred Nderitu Elected as the VC of the NCAJ Committee on Criminal Justice Reforms at the Committee’s Inaugural Meeting
Mr. Wilfred Nderitu was on 3rd August 2017 elected as the Vice Chairperson of the National Council on the Administration of Justice Committee on Criminal
Conference addresses Discriminatory Petty Offences in Africa
ACJR participated in the 8th Annual Conference of the Pan African Lawyers Union Seminar focusing on Initiatives for the Decriminalisation and Declassification of Petty Offences
Kenyans are still oppressed by archaic colonial laws
It’s been 54 years since Kenya got her independence and yet there are still a number of archaic, colonial and discriminatory laws on the statute
Govt on the spot as women languish in jail over petty offenses
An audit report in Kenya’s criminal justice system paints a tragic picture on women access to justice. It portrays state organs as the worst enemy
Offences that keep Nairobi County Court busy
By Josphat Thio’go It’s Monday morning and City Hall is once again a beehive of activity after the weekend break. People are pacing up and
Kenya Chief Justice – Committee on Criminal Justice Reform (NCCJR)
Following the national conference on decriminalization and re-classification of petty offences held in Nairobi in March 2017, and further to research findings from the audit
ACHPR/Res. 366 (EXT.OS/XX1) 2017
The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 21st Extraordinary Session held from 23 February to 4 March 2017 in
Poverty is not a crime: Decriminalise and declassify petty offences
06 Feb 2017 | by Melody Kozah, African Policing Civilian Oversight Forum (APCOF) People living in poverty and on the margins of society have been,
Decriminalisation of petty offences
May 5, 2017 By NLM Reporter Criminalisation of petty offences in Kenya has, over time, provided a basis for gross violation of the human rights
Kenya National Assembly Official Record (Hansard) Sep 30 – Dec 11, 1986
Hansard Record on Google Books
Experts call for decriminalisation and reclassification of petty offences
by ODHIAMBO ORLALE · April 13, 2017 A new study on petty offences shows a link between poverty, corruption and increase in the number of
Addressing Petty Offences in Kenya: Which Way Forward?
Victor Kapiyo[1] Petty offences are generally understood to be lesser criminal acts which attract less severe punishment. This is because they are considered to be
Chief Justice David Maraga Reveals the Day Police Arrested Him in Nakuru Town
By Benjamin Muriuki. Maraga revealed that at the time he was a student and was nabbed by police in Nakuru town for allegedly loitering.
Remove criminal sanctions for petty offenders – ICJ
By JOSEPH NDUNDA, The International Commission of Jurists on Thursday called for a review of laws to remove criminal sanctions on petty offenders. They want
National Conference on Decriminalization and Re-Classification of Petty Offences in Africa 30.03.2017
Following the conclusion of the policy research on petty offences and practices affecting populations at National Level and in Kisumu, Mombasa and Nairobi county levels,
“Rogues” and “Vagabonds” No More: Ending Africa’s Imperial Legacy of Absurd Petty Offenses
By Louise Ehlers At 3 a.m. one March morning, Mayeso Gwanda, an informal trader, left his home in Blantyre, Malawi, and traveled to the nearby
Malawi: Challenging Constitutionality of Rogue and Vagabond Offence
In March 2015, the applicant was arrested by police whilst on his way to the market where he works as a street vendor. He was
Moi, Mayeso Gwanda, j’ai fait invalider une loi coloniale vieille de 192 ans qui terrorisait le Malawi
“Il faut maintenant débarrasser l’Afrique d’autres lois similaires.” Ce témoignage de Mayeso Gwanda, vendeur à Blantyre, au Malawi, a été recueilli par l’Open Society Foundations,
Petty offences chocking the justice system, audit reveals
By Paul Muhoho The criminal justice system is jammed with less serious offences that contribute to unnecessary delay in prosecutions and congestion in detention centres,
Gwanda: Vendor who changed the law
Lawmakers have moved at a snail’s pace to change some draconian laws and history will record that it took a vendor to get the Constitutional
No more ‘Vakabu’ offence, Malawi court rules Rogue and vagabond law ‘unconstitutional’
The High Court in Blantyre has ruled that rogue and vagabond offence is unconstitutional. The determination was made by a panel of three judges comprising
Somali Association of South Africa v Limpopo Department of Economic Development, Environment and Tourism (48/2014) ZASCA 143 (26 September 2014).
Summary: Asylum seekers and refugees’ entitlement to apply for licences to trade in spaza and tuck-shops – no blanket prohibition against self-employment either in terms
The Campaign to Decriminalise Poverty and Status is a coalition of organisations from across the world that advocate for the repeal of laws that target people based on poverty, status or for their activism.
@DecrimPS
#DecrimPoverty | #DecrimStatus | #DecrimActivism
