Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition African Union The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) is a binding treaty adopted by the African Union in 2003. The African Commission on Human and Peoples’ Rights has adopted: • Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines) (2002) • Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, which include provisions on the prevention of torture (2003) • Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (Luanda Guidelines) (2014). The Pan-African Parliament has adopted a Model Police Law for Africa (2019). ASEAN Member States of the Association of Southeast Asian Nations (ASEAN) adopted the ASEAN Human Rights Declaration in November 2012. Article 14 provides that: 14. No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment. The ASEAN has adopted a number of instruments relevant for torture prevention, including: • Declaration on Culture of Prevention for a Peaceful, Inclusive, Resilient, Healthy and Harmonious Society (2017) • Declaration on the Elimination of Violence against Women and Elimination of Violence against Children in ASEAN (2012). KEY POINTS: CHAPTER 2 • Torture is prohibited in a number of international human rights treaties. • The Convention against Torture contains a series of provisions on prevention measures. • Regional instruments in Africa, the Americas, Arab countries, Europe and Southeast Asia also prohibit torture. • ‘Soft law’ standards, both international and regional, complement the prohibition of torture and other ill-treatment. • Gender-based violence and privately inflicted harm can amount to torture. 38