49. The non-ratification of a number of relevant regional and international human rights
instruments, including the following:
- Protocol to the African Charter on Human and Peoples' Rights on the
Establishment of an African Court on Human and Peoples' Rights (the Protocol on
the African Court);
- The International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families;
- The International Convention for the Protection of all Persons from Enforced
Disappearance;
- The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women;
- The Optional Protocol to the Convention againstTorture and Other Cruel, Inhuman
or Degrading Treatment or Punishment;
- The Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights;
- Optional Protocol to the Convention on the Rights ofPersons with Disabilities; and
- The Second Optional Protocol to the International Covenant on Civil and Political
Rights aiming at the abolition of the death penalty.
50. The delay in reviewing and enacting the following legislation and policies:
> The Gender Equality bill;
> The Termination of Pregnancy bill;
> The Prevention and Control of HIV and AIDS act;
> The draft National Land policy.
Right to security of persons, right to life and the death penalty
51. The failure to abolish the death penalty in law;
52. The lack of information on measures taken to address extra-judicial killings, including
through investigation and prosecution of such cases;
Prohibition of torture and cruel, inhuman and degrading treatment
53. The lack of specific legislation defining and criminalizing torture, in addition to the
claw back clause in Article 20(2) of the Constitution, which provides that, "Nothing
contained in or done under the authority of any law shall be held to be inconsistent with or in
contravention of this section to the extent that the law in question authorizes the infliction of
any kind of punishment which was lawful immediately before the entry into force of this
Constitution;"
54. The reports of cases of inhuman and degrading treatment of inmates who are in
mental and penal institutions, and the lack of information on measures taken to
address these cases including through investigation of the allegations, prosecution of
the perpetrators and compensation of victims;