ACJR Publications

This section contains ACJR publications and those of CSPRI (Civil Society Prison Reform Initiative), its predecessor.
Constitutionality of Criminal Procedure and Prison Laws in Africa: Burundi

The purpose of this study is to briefly examine major developments in Burundi’s criminal procedure legislation and prison laws since the adoption of its 2005 Constitution and to assess how these developments may have impacted on human rights. In effect, this study seeks to understand whether subordinate legislation in Burundi is in line with constitutional provisions and international standards relating to procedural safeguards for arrested and detained persons.

Formalising the role of paralegals in Africa: A review of legislative and policy developments

Paralegals have an important role to play in criminal justice systems throughout Africa. In many countries the effective use of paralegals is inhibited by a lack of formal recognition. Changes to domestic legislative frameworks are necessary to empower paralegals in their work with persons in conflict with the law at police stations, court rooms and prisons.It is hoped that this report will serve as an impetus for debate and advocacy on this important issue. This report reviews the work and legal framework of paralegals in 11 countries, being Burundi, Kenya, Liberia, Mali, Nigeria, Sierra Leone, South Africa, South Sudan, Tanzania, Uganda and Zambia.

African Innovations in Pre-trial Justice

This review seeks to showcase innovative interventions to reduce pre-trial detention in African countries, so that they may be adapted for use in other low and lower-middle income countries.

Submission to the UN Human Rights Committee: Overview of cross cutting issues in Alternate Reports on South Africa

This overview of cross cutting issues emanates from five alternate thematic reports submitted by civil society organisations (the Alternate Reports) in response to the Initial Report by South Africa (the State Report), to be reviewed by the UN Human Rights Committee during its 116th session. The Alternate Reports which provided the basis for this overview are:  Recognition of Civil and Political Rights: A continued struggle for Transgender and Intersex Persons in South Africa  Shadow Report on Participatory Democracy to South Africa’s State Report and their Responses to the List Of Issues On The International Covenant On Civil And Political Rights (ICCPR)  Thematic Report on Criminal Justice and Human Rights in South Africa  Thematic Report on the Rights of Migrants and Asylum Seekers in South Africa  Thematic Report on Violence Against Women and LGBTI Persons in South Africa

Constructing pre-trial detention indicators for African contexts: Problems and proposals

This discussion paper arose from the conundrum faced by a paralegal organisation working in an African country in demonstrating both that pre-trial detention is a problem in that country, and that their work has an impact on the problem. The indicators currently employed by states and organisations relating to pre-trial detention have a range of shortcomings in the African context. These shortcomings need to be understood in interpreting indicator values. Indicators should be adjusted, and additional indicators should be incorporated into data collection practice in order to provide a more complete and accurate picture of pre-trial detention in Africa. This paper is intended as a starting point for a broader discussion of the pitfalls and possibilities for the development of indicators in relation to pre-trial detention in Africa

Constructing pre-trial detention indicators for African contexts: Problems and proposals

This discussion paper arose from the conundrum faced by a paralegal organisation working in an African country in demonstrating both that pre-trial detention is a problem in that country, and that their work has an impact on the problem. The indicators currently employed by states and organisations relating to pre-trial detention have a range of shortcomings in the African context. These shortcomings need to be understood in interpreting indicator values. Indicators should be adjusted, and additional indicators should be incorporated into data collection practice in order to provide a more complete and accurate picture of pre-trial detention in Africa. This paper is intended as a starting point for a broader discussion of the pitfalls and possibilities for the development of indicators in relation to pre-trial detention in Africa