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Developments in Addressing Torture in Mozambique Developments in Addressing Torture in Mozambique

This article assesses developments in the prevention and eradication of torture in Mozambique. Despite several positive efforts and advances made, acts of torture and other cruel, inhuman and degrading treatment and punishment are still perpetrated by members of the security forces, especially police officials, often with impunity. The culture of impunity for such serious offences is a direct threat to human rights and the rule of law in the country and seriously compromises the country’s public integrity. Two issues are of deep concern and require more efforts by the state, namely: a) addressing impunity and ensuring prompt and impartial investigations of all allegations of torture and other ill-treatment, and b) protecting victims and providing the necessary restitution, rehabilitation and compensation. In conclusion we provide recommendations on how to improve the situation. These are: engaging in outreach and advocacy; improving and strengthening the national legislative framework; strengthening institutions; developing mechanisms for the reporting of torture: monitoring and evaluating existing reporting mechanisms; improving conditions of detention; establishing effective oversight over places of detention, and by maintaining records to improve transparency and availability of information. Report by Tina Lorizzo and Vanja Petrovic

Civic Protest Barometer 2018 FactSheet #4 - grievances of protesters Civic Protest Barometer 2018 FactSheet #4  - grievances of protesters

The Civic Protest Barometer (CPB) tracks civic protests across South Africa, which are a specific form of protest, directed at municipalities. While nationally the number of civic protests in 2017 reached the lowest level in three years (CPB 2018 Fact Sheet #1 (nr of protests), the pattern shown in the type of grievances underlying the civic protests is consistent with that established in earlier CPBs.

Civic Protest Barometer 2018 FactSheet #3 - Violence in Protests Civic Protest Barometer 2018 FactSheet #3  - Violence in Protests

The Civic Protest Barometer (CPB) tracks civic protests across South Africa, which are a specific form of protest, directed at municipalities. While nationally the number of civic protests in 2017 reached the lowest level in three years (CPB 2018 Fact Sheet #1 (no. of protes

Civic Protest Barometer 2018 FactSheet #2 - Geographic Spread Civic Protest Barometer 2018 FactSheet #2  - Geographic Spread

The Civic Protest Barometer tracks civic protests across South Africa, which are a specific form of protest, directed at municipalities. While nationally the number of civic protests in 2017 reached the lowest level in three years (CPB 2018 Fact Sheet #1 (no. of protests), there has been a fair degree of fluctuation in the number of protests in each province.

Principles on the Decriminalisation of Petty Offences

In 2017, the Principles on the Decriminalisation of Petty Offences in Africa were adopted by the African Commission, becoming the latest development in a broader regional effort to articulate standards for acceptable human rights practices, specifically concerning matters of access to justice.These Principles seek to guide States on measures that can be taken to enhance human rights protections at the critical intersection of poverty and criminal justice.

The Capable Cities Index Working (Paper Series) - Two Measuring the Capacity of Cities The Capable Cities Index Working (Paper Series) -  Two Measuring the Capacity of Cities

The Capable Cities Index (CCI) provides a methodology for measuring and ranking the capability of South Africa’s municipalities on the basis of their consistency in maintaining high levels of capacity, performance and compliance, with a focus on the 27 largest cities. Local government generally, and the major cities in particular, are crucial actors in the country’s development and in building a capable state in line with the National Development Plan (NDP).

Implementing SPLUMA: A Review of Four 'Post-SPLUMA' Provincial Planning Bills Implementing SPLUMA: A Review of Four 'Post-SPLUMA'  Provincial Planning Bills

The legal framework for spatial planning and land use management in South Africa is undergoing considerable change with a new national Spatial Planning and Land Use Management Act of 2013 (SPLUMA) and the adoption of municipal planning by-laws throughout the country. The Constitution permits provinces to also pass laws on the matter. Of the nine provinces, the Western Cape is the only province that has passed 'post-SPLUMA' provincial legislation. This report conducts an interim assessment of how some of the other provinces are approaching this issue. It analyses four provincial planning bills of Mpumalanga, North West, Free State and Limpopo.

Journal article: The SocioEconomic Impact of Pretrial Detention in Kenya, Mozambique and Zambia

The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person affects his or her socio-economic situation. Data was collected in Kenya, Mozambique and Zambia. The findings suggest that the use of the coercive power of the state exercised through the deprivation of an individual’s liberty has serious socio-economic consequences. While detention pending trial is justifiable sometimes, we argue that it is over-used, frequently resulting in excessively long detention. The deprivation of liberty interferes with the ability of individuals to be agents of their own development, infringing on socio-economic rights of individuals and their dependents. States can justify such infringements only if their coercive power is used within the ambit of democratic and rights-respecting laws complying with human rights standards. By Lukas Muntingh and Jean Redpath

Presentation on Supermax prisons in South Africa - September 2017

Gwen Dereymaeker gave the following presentation at a seminar organised by the Judicial Inspectorate for Correctional Services at Durban Correctional Centre on 7 September 2017. She first addresses the history of super-maximum prisons around the world, international criticism of supermax (being prolonged solitary confinement), and the supermax regime in the US and the UK. She then examines the South African regime, in particular that of Ebongweni: admission criteria, detention regime, challenges and questions whether the detention regime such as that practiced at Ebongweni is constitutional.

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