Gabon: The SOS Torture Litigator’s Group in Africa calls for the effective establishment of the National Mechanism for the Prevention of Torture

With the establishment of a new legislature in Gabon, the GIJ calls on future Gabonese deputies to provide Gabon with new, strong, and credible human rights institutions.

In a context of political renewal in which Gabonese citizens aspire to greater justice and the establishment of the rule of law, future members of parliament have a heavy responsibility to ensure the reorganisation of the National Human Rights Commission (NHRC) and the establishment of the National Preventive Mechanism (NPM) in accordance with Gabon's international commitments.

The NHRC, an institution supporting democracy and upholding the rule of law

The NHRC is not only an administrative institution within the organic structure of a state, it also embodies the state's commitment to promoting and protecting human rights. It acts as a shield for citizens and civil society organisations against human rights abuses and violations, and ensures the effective implementation of international conventions to which Gabon is a party within the domestic legal system. This institution in Gabon faces many challenges and has limitations in terms of its compliance with the Paris Principles, limited financial and human resources, and the presence of non-permanent commissioners. To address these difficulties, the Gabonese authorities adopted Law No. 023/2024 of November 21, 2024, reorganising the NHRC and establishing the National Mechanism for the Prevention of Torture (NPM) in order to bring Gabon into compliance with the requirements of the Convention against Torture and its Optional Protocol, ratified in 2000 and 2010, respectively.

The effectiveness of this reform involves reorganising the institution in order to restore its budgetary autonomy and independence, particularly through the methods used to appoint its members.

This reform, which will enable the NHRC to fully fulfill its role in accordance with international standards, will contribute to democratic renewal and the establishment of the rule of law.

The NPM, essential for guaranteeing human dignity and preventing torture and ill-treatment in places of deprivation of liberty

The GIJ welcomes the cooperation and openness of the Gabonese authorities during the March 2024 visit of the Subcommittee on Prevention of Torture (SPT), during which the SPT expressed concern about the failure to implement measures to improve detention conditions and prevent cruel, inhuman, and degrading treatment.

The SPT highlighted the systematic use of preventive detention and its excessive length as the main cause of prison overcrowding. It is therefore urgent for Gabon to address this overcrowding in order to guarantee respect for human dignity in places of deprivation of liberty.

Nearly 15 years after the ratification of the Optional Protocol to the Convention against Torture, the establishment of the NPM, whose role is to organise unannounced visits to all places of detention with a view to preventing torture and cruel, inhuman, or degrading treatment, is imperative to guarantee the human dignity of persons deprived of their liberty.

A responsibility for tomorrow's members of parliament

At a time when the spotlight is on the next legislature, it is important to remember that the members of parliament who will take office after the elections will not simply be legislators. They will be the guarantors of a pact of trust between the people and the Republic.

Reforming the NHRC and creating an independent NPM sends the clear message that Gabon wants to respect its international commitments and make human rights a pillar of its governance. The GIJ therefore calls on future parliamentarians to view these reforms not as mere administrative changes, but as an act of faith in justice, dignity, and freedom. The GIJ reaffirms its willingness to support the President of the Republic, the Government, Parliament, and civil society in establishing the NPM in Gabon.

The signatories:

The following lawyers are signatories to this statement:

• Djerandi Laguerre Dionro, President of the Chadian Bar Association

• Ferdinand AMAZOHOUN, Collective of Associations Against Impunity in Togo (CACIT)/Togo

• Claude AMEGAN, Collective of Associations Against Impunity in Togo (CACIT)/Togo

• Yacouba DOUMBIA, Ivorian Human Rights Movement (MIDH)/Ivory Coast

• Aissa RAHMOUNE, Algerian League for the Defense of Human Rights (LADH)/Algeria

• Christian Loubassou, Christian Action for the Abolition of Torture (ACAT-Congo)/Republic of Congo

• Felix NKONGHO, Center for Human Rights and Democracy in Africa (CHRDA)/Cameroon

• WEMBOLUA Henri, Alliance for the Universality of Fundamental Rights (AUDF) / DRC

• Annie Masengo, Human Rights Defenders Network (RDDH) / DRC

• Salomon Nodjitoloum, Christian Action for the Abolition of Torture (ACAT / CHAD)

• Armel Niyongere, SOS-Torture Burundi / Burundi

• Jeanne d’Arc Zaninyana, Collective of Lawyers for the Defense of Victims of Crimes under International Law Committed in Burundi (CAVIB) / Burundi

• Kadidiatou Hamadou, Association for the Defense and Protection of Children and Women (ADEPE-F / ESPOIR) / Niger

• Chantal Lenga, Lawyer at the Bar of Burkina Faso

• Dorcas Mirette Nkongme, Center for Human Rights and Democracy in Africa (CHRDA)

• Mohsen Souilah, SANAD Centers/Tunisia

• Frédéric KWAMBA TSIHINGEJ, AFIA MAMA/DRC

• Drissa Traoré, Lawyer to the Côte d’Ivoire

• Alexandrine Tchekessi, Changement Social Bénin

Other signatory partner organisations:

CEAD-Centre d'Etude et d'Appui au Développement local / Gabon

For more information, please contact: Guy Valère BADANARO, Coordinator of the Judicial Intervention Group/SOS-Torture in Africa; Collective of Associations Against Impunity in Togo (CACIT) / Tel: (+228) 92 18 67 92. Email: guyvalre1@gmail.com

The SOS-Torture Litigator’s Group in Africa is a group of lawyers from the OMCT SOS-Torture network whose aim is to contribute to strengthening the prevention, accountability, and redress of cases of torture and other cruel, inhuman, or degrading treatment or punishment. It is made up of 16 African lawyers and is sponsored by the World Organisation Against Torture (OMCT) and the Collective of Associations Against Impunity in Togo (CACIT).