Updates Archives

France: Nahel shooting highlights need for overhaul of police firearms rules and an end to systemic racism in law enforcement
Amnesty International: Following the banning of a number of demonstrations protesting police violence after the unlawful killing of 17-year-old Nahel M by a police officer,

Why do cities respond to homelessness with criminalization?
Invisible People: A new report shows why cities often respond to homelessness with criminalization and punitive punishments. Developed by Community Solutions, a nonprofit housing advocacy

Uganda repeals Vagrancy, Sedition and False News Offences
Southern Africa Litigation Centre (SALC) notes that the Uganda Law Revision (Miscellaneous Amendments) Act, 2023, has repealed some of the rogue and vagabond, sedition, and

No need for debate, uphold the Court of Appeal decision on LGBTIQ+ rights in Botswana
SALC: Botswana’s Parliament intends to table a number of bills in the current session, one of which seeks to repeal section 164 of the Penal

Historic Swazi court judgment striking down parts of sedition and terrorism laws is under threat
The Eswatini Supreme Court has controversially reinstated the state’s appeal against a liberal landmark high court judgment passed in 2016. After a lapse of six

Zimbabwe’s recently passed law signals disturbing crackdown
Two months before presidential and parliamentary elections on 23 August, Reporters Without Borders (RSF) urges Zimbabwe to abandon a proposed “sovereignty and national interest” law that poses

The Right to Public Spaces and Informal Work: Key considerations for Law & Policy-Making
On 28 June 2023, ACJR in collaboration with Women in Informal Employment: Globalizing and Organizing (WIEGO) hosted a webinar on The Right to Public Spaces and Informal

‘Caught in the spiral’ series launched
Prison Insider: Incarceration is the response that States often impose on unwanted behaviours. In many countries, criminal law and prison are used to target those

Mental health conference pushes for the decriminalisation of suicide
Delegates at the recent Mental Health Conference in South Africa pushed for the decriminalisation of suicide. A media coverage from Kenya highlights the issues and

Poverty and detention: Are legal frameworks adequate?
PRI: Pre-trial detention contributes significantly to prison overcrowding and causes a range of harms to individuals, their familes, and society. But what is driving its use? In

Campaign member delivers statement at United Nations General Assembly High-Level Debate on Equal Access to Justice For All
At the UN General Assembly High-Level Debate on Equal Access to Justice For All on June 15th, 2023, Richard Arbeiter, Ambassador and Deputy Permanent Representative

Advisory opinion of the Court requesting the abrogation of vagrancy laws
A majority of countries in Africa¹ have some type of “vagrancy laws”, meaning laws which consider people that are or are perceived to be poor, homeless

Case of an immigrant mistreated by the judicial and prison system in Tanzania
Mr X is a Congolese man who was living in Dar es Salaam, Tanzania. In early June 2006, he lost his passport. He went to

Petty offences convicts face repercussions long after serving sentences
Some 20 years ago, Ibrahim Kingori Njoki was involved in a brawl. He was later convicted of creating a disturbance, contrary to Section 95(1) of

Innocent Nigerians languishing in prison for petty crimes
Hope Behind Bars Africa has said that most awaiting trail inmates in Nigeria have been languishing in our Custodial facilities for petty crimes like loitering

The Guardian view on abortion law: the case for decriminalisation
The outrage caused by the jailing of a mother for ending her pregnancy after the legal limit should spark a wider rethink of archaic legislation.

Campaign’s recommendations incorporated into adopted UN CCPCJ resolution on equal access to justice
On May 22-26, members of the Campaign attended the 32nd session of the UN Commission on Crime Prevention and Criminal Justice (CCPCJ), which is the principal

Supreme Court of Eswatini unanimously finds Registrar’s decision on LGBTIQ+ organisation unconstitutional
SALC: Mbabane, Eswatini: 16 June 2023 – Today, a five-panel bench of the Supreme Court of Eswatini passed a judgement setting aside the decision by the

Lawyers live in fear as Swazi state intensifies crackdown on activists
The murder of prominent human rights lawyer Thulani Maseko and the subsequent admission by the government that it hired ‘security experts’ to deal with pro-democracy

Indonesia: ICJ asks court to ensure that defamation and “false information” laws not be used to silence and criminalize human rights defenders
The International Commission of Jurists (ICJ), in an amicus curiae brief submitted today, has requested the East Jakarta District Court to give effect to Indonesia’s

How we got Uganda to strike out a colonial law criminalising poor people
The offence of being ‘rogue and vagabond’ saw people detained for how they looked. Now it’s gone, but there’s more to do. On 5 December,

Lilongwe informal traders challenge eviction and confiscation of goods
SALC & CHREAA: On 5 June 2023, the High Court of Malawi granted leave for judicial review to challenge the Lilongwe by-laws evicting informal traders

South Africa: ‘Tough Blow’ for Sex Workers As Decrim Bill Delayed
It’s clear we’re not going to achieve decrim in 2024″ say activist Parliament’s draft bill to decriminalise sex work is to be revised after the

Everyday policing is casteist
CJ-PAP: The systemic oppression of marginalised communities by the criminal justice system is poorly understood and rarely questioned. Here’s how this is changing. In 1871,

Black remand prisoners held 70% longer than white counterparts in England and Wales
Data also shows black defendants more likely to be held in prison – yet more likely to be acquitted Black defendants spend on average more

Rejecting the colonial legacy of discriminatory laws
States around the world should repeal discriminatory and archaic laws that reproduce historical inequalities and patterns of oppression. In 2018, Theresa May, then UK prime

Vagrancy Laws: Discrimination based on poverty and status
SALC: On 31 May 2023, 28 men were arrested in Harare CBD under the country’s vagrancy laws. These arrests raise the question of why vagrancy

AUC-NANHRI Policy Forum 2023
Addis Ababa, 18 May 2023: The African Union Commission (AUC) in collaboration with the Network of African National Human Rights Institutions (NANHRI) organized the AUC-NANHRI Policy

Hong Kong: ‘Absurd’ attempt to ban protest song a clear violation of international law
Responding to the Hong Kong government’s bid to seek a court order to prohibit people from singing, broadcasting or distributing the protest song “Glory to

“Patriotic Bill” is a threat to democracy and the future of Zimbabwe
SALC: SALC is alarmed by the passing of the Criminal Law Codification and Reform Amendment Bill, also known as the “Patriotic Bill”, by the lower
NIGERIA: ‘Decriminalization of Petty Offences will Curb Prison Congestion’
By Hameed Oyegbade, Oshogbo The Deputy Director, Prison Rehabilitation and Welfare Action (PRAWA), Mrs Ogechi Ogu has observed that decriminalization of petty offences in Nigeria
KENYA:Drunk and disorderly: Poor Man’s Offence a Cash Cow for Police
By ERIC WAINAINA Weeks ago as Mr Kamau Mburu and other people were walking home shortly past 11 pm, they were rounded up in Kirigiti
KENYA: Petty Offences are Biased against the Poor
By Sarah Nyakio Seven out of 10 inmates in the country are petty offenders with the lowest case determination rates, the Annual Criminal Justice Conference
NHRC to Mitigate Excessive Use of Pre-trial Detention – ES
The National Human Rights Commission (NHRC) will continue to highlight and push reforms to address alternative measures that may mitigate the excessive use of pre-trial
KENYA: Prison tales shed light on grim life of inmates
Enter a prison and brace yourself for the harsh experience of inmates imprisoned in colonial times. Not much has changed since the 1900s in terms
NIGERIA: Coalition seeks decriminalization of petty offences in Nigeria
Civil Society Organizations and Professional bodies in Nigeria have expressed worry at the rate poor and vulnerable Nigerians are facing the full wrath of the
KENYA: Number of Petty Offenders in Prisons Alarming
Mombasa senator Mohammed Faki has decried the increasing number of petty offenders congesting Kenyan prisons. Speaking in Mombasa Friday during the reopening of the Mombasa
NIGERIA: Prostitution, hawking ‘should not be treated as criminal offences’
Uju Agomoh, executive director of the Prisons Rehabilitation and Welfare Actions (PRAWA), says prostitution, hawking and loitering should not be treated as criminal offences. She
NIGERIA: Community service to reduce prison crowding
Nigeria is grappling with overcrowded prisons and a backlog in court cases. In a bid to change this, Oyo State is now punishing lighter crimes
Remedy to prison overcrowding identified
Mr Nelson Basubinin Duut, Director of Prisons Technical and Services, on Thursday suggested that Prison overcrowding could be addressed by decriminalizing petty offences in Ghana.
CHRAJ Calls for Decriminalization of Petty Offences
The Commission on Human Rights and Administrative Justice (CHRAJ) has called on stakeholders in the Criminal Justice System to decriminalize and declassify petty offences in
KENYA: There are alternatives to criminal prosecution for the justice system
Recently, key criminal justice players in Kenya, led by the Office of the Director of Public Prosecution (ODPP), pitched a tent in Lamu
GHANA: Government urged to set targets to reduce prison population
Mr Edmund Amarkwei Foley, a human rights activist, has urged the Government to set national targets to reduce the number of people in jail. He
NIGERIA: Stop jailing people for petty offences, PRAWA tells Lagos, others
An advocacy group, Prisoners’ Rehabilitation and Welfare Action, has called on the governments of Lagos, Abia, Enugu and Kano states as well as the Federal
There are Alternatives to Criminal Prosecution for the Justice System
Recently, key criminal justice players in Kenya, led by the Office of the Director of Public Prosecution (ODPP), pitched tents in Lamu County for a
No More Detention of Minor Offenders in New Bail Charter
Suspects accused of petty offences will no longer be held in custody or forced to pay cash bail, according to a new police charter. The offenders
Time to Declassify, Decriminalize Some Petty Offences
In May 2015, the Legal Resources Foundation Trust and the National Council on the Administration of Justice commissioned an audit into the criminal justice system
Shortcomings in Criminal Justice Exposed
Judiciary report is raising serious concerns over the number of cases being overturned on appeal, and the low number of suspects charged after arrests. The
Cops Ordered to Pay Sh7.8m to Victims of Arbitrary Arrest
The High Court has ordered six police officers to pay Sh4 million to a lawyer they had arrested and detained illegally. The officers will also
Decriminalise petty offences to reduce prison overcrowding
South Africa’s move towards decriminalisation aligns with the developmental approach to crime and violence. Speaking at the launch of the United Nations Standard Minimum Rules
Hope for Convicts who are Victims of Harsh Criminal Justice
A number of convicts have walked to freedom after successfully appealing against being imprisoned for crimes they did not commit. The wheels of criminal justice
Serving Time Should Not Mean ‘Prison Slavery’
Since Aug. 21, prisoners across the United States have been on one of the largest prison strikes the nation has seen in years. They have
Madagascar’s Prison Shame
The concrete floor of a prison cell crawls with bodies as detainees labour to draw their limbs closer to their torsos. The little light illuminating

Principles on the Declassification and Decriminalization of Petty Offences in Africa
The criminal justice system in many African countries is characterized by widespread criminalization and punishment of petty offenses through arbitrary arrests which provides a basis

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
Study proposes decriminalizing traffic offences to cut case backlog
Almost three-quarters of criminal cases in Nairobi and Narok counties are traffic violations, shows report The high number of traffic cases is disrupting the criminal
Taskforce to oversee execution of instant traffic fines formed
The government has formed a task force to oversee the implementation of rules to enforce instant fines for traffic offences following a court order that
Hawking is employment and a socioeconomic right, not crime
Many hawkers in Kenya, from anecdotal evidence, have been women. They educate, feed, shelter and clothe their children with the income from what they knew
India’s Supreme Court strikes down colonial-era homosexuality ban in landmark ruling
India’s top court struck down a colonial-era law that made homosexual acts punishable by up to 10 years in prison, a landmark victory for gay
Hawking is employment and a socioeconomic right, not crime
Many hawkers in Kenya, from anecdotal evidence, have been women. They educate, feed, shelter and clothe their children with the income from what they knew
INDIA: Supreme Court verdict is ‘call for action’ to Commonwealth Nations bound to colonial laws: CHRI
New Delhi, September 9— The unanimous Indian Supreme Court judgment which ended the ban on consensual gay sex in private is a landmark verdict which is
Study proposes decriminalizing traffic offences to cut case backlog
By Dorothy Otieno Almost three-quarters of criminal cases in Nairobi and Narok counties are traffic violations, shows report The high number of traffic cases is
Jail isn’t right place for the mentally ill
Almost half of the 140 inmates in Warren County Jail have been prescribed psychotropic drugs, and more than half are receiving mental health treatment. It
KENYA:The bribery economy; how petty offenders have been made cash cows
By Joseph Muraya “”Sasa tufanye nini?” (What do you want us to do?),” it is a question one is likely to encounter if found on
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
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
