Updates Archives
Call for inputs re-opened: Decriminalization of homelessness and poverty
In many countries persons experiencing homelessness, living in poverty or situation of vulnerability continue to be disproportionately subjected to fines, deportation, arbitrary arrest, or detention
Martin v. Boise Survives a Legal Challenge
Invisible People: The 9th Circuit’s ruling that cities can’t force unhoused people off the streets if they don’t have adequate shelter options survived a legal
Thailand: Drop ‘insulting the monarchy’ charge against child protester involved in mock fashion show
Amnesty International: On 29 October 2020, pro-democracy protesters gathered around Bangkok’s Silom Road to call for political reforms. As part of the demonstration, protestors held
Human Rights Council Resolution on violence against women and girls in detention adopted
Penal Reform International: A resolution tabled by Canada was adopted at the Human Rights Council last week on ‘Accelerating efforts to eliminate all forms of
Zimbabwe: President’s signing of ‘Patriotic Bill’ a brutal assault on civic space
Amnesty International: Responding to the news that President Emmerson Mnangagwa has signed into law the Criminal Law Codification and Reform Amendment Bill, 2022, commonly referred
Campaign members co-sign open letter demanding women rights forums to include criminalised women
An Open Letter to the organisers of Women Deliver and the Generation Equality Forum calling for all High-Level Forums on women’s rights to be inclusive of all women, particularly criminalised, incarcerated
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Southern Africa Litigation Centre (SALC) notes that the Uganda Law Revision (Miscellaneous Amendments) Act, 2023, has repealed some of the rogue and vagabond, sedition, and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,
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
Construction(s) of Female Criminality: Gender, Caste and State Violence
CPAP: The narrative of a criminal woman finds its bearings within the caste system in India. During British colonial rule, the Criminal Tribes Act, 1871
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
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
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
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
“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
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
Abuja High Court denounces violation of Women’s Rights by Law Enforcement Agencies
Lawyers Alert & SALC: On 5 August 2021, the Federal High Court of Nigeria, Abuja Division, per Justice Maha, handed down a groundbreaking decision against
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
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
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
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
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,
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
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
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
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
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
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
Documentary on Zambia prisons
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
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
UN Statement on COVID-19 Exacerbating the Risk of ill-treatment and Torture Worldwide
On 26 June 2020, the UN Anti-Torture Mechanisms issued a statement on how COVID-19 exacerbates the risk of ill-treatment and torture worldwide. The statement notes
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.
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