Use of Capital Punishment By Country - Africa

Africa

Of the 54 independent states in Africa that are UN members:

  • 17 (31%) have abolished it.
  • 24 (44%) permit its use for ordinary crimes, but have not used it for at least 10 years and are believed to have a policy or established practice of not carrying out executions, or it is under a moratorium.
  • 13 (24%) maintain the death penalty in both law and practice.

The information above is accurate as of 6 July 2012, when Benin signed the Second Additional Protocol to the International Covenant on Civil and Political Rights.

  • In 2011 Sudan was Africa`s leading executioner. There have been recent moves toward abolitionism with five states prohibiting the death penalty in the last few years Rwanda (2007), Burundi (2009), Togo (2009), Gabon (2011), and Benin (2012). Following the Jasmine Revolution of 2011 Tunisia is moving towards abolition.

Executions in Africa in 2010: Libya (18+), Somalia (8+), Sudan (6+), Egypt (4), Equatorial Guinea (4), Botswana (1)
Executions in Africa in 2011: Sudan (7+), Somalia (6), South Sudan (5+), Egypt (1+)

Note: The tables can be sorted alphabetically or chronologically using the icon.

Key Country Year of last execution Executions 2011 Year abolished Notes
Algeria 1993 n/a Death penalty for treason; espionage; attempts to change the regime or actions aimed at incitement; destruction of territory; sabotage to public and economic utilities; massacres and slaughters; participation in armed bands or in insurrectionary movements; counterfeiting; Terrorism; acts of torture or cruelty; kidnapping; aggravated theft, currently under a moratorium.

A project of abolition is being tabled in Parliament in Algeria by Louisa Hanoune and Ahmed Ouyahia since the summer of 2008.
Angola *None since independence in 1975 1992 Abolished in 1992 by Constitution.
Benin 1987 On 6 July 2012 Benin signed the Second Additional Protocol to the International Covenant on Civil and Political Rights. This makes Benin towards abolitionist because under Article 1, paragraphs 1 and 2, of the Covenant, “No one within the jurisdiction of a State Party to the present Protocol shall be executed,” and “Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.” (Sources: un.org, 05/07/2012)
Botswana 2012 n/a Death penalty for murder; treason; attempt on the life of the head of state; mutiny; desertion in the face of the enemy
Burkina Faso 1988 n/a Death penalty for treason
Burundi 2000 2009
Cameroon 1997 n/a Death penalty for secession; espionage; incitement to war
Cape Verde *None since independence in 1975 1981 Last execution when a colony of Portugal was 1835. Abolished in 1981 by Constitution.
Central African Republic 1981 n/a Death penalty for treason; espionage; charlatanism; witchcraft; assassination; murder
Chad 2003 n/a Death penalty for murder
Comoros 1997 n/a
Democratic Republic of the Congo 2003 n/a
Congo 1982 n/a
Côte d'Ivoire *None since independence in 1960 2000
Djibouti *None since independence in 1977 1995
Egypt 2011 1 n/a Death penalty for Rape, if accompanied by kidnapping of the victim; murder; treason; organized drug trafficking
Equatorial Guinea 2010 n/a
Eritrea *None since independence in 1993 n/a Last execution when part of Ethiopia was 1989.
Ethiopia 2007 n/a Death penalty for murder, Treason, armed conspiracy, genocide, outrages against the constitution
Gabon 1981 2011 Abolition was made in February 2010, according to Hands Off Cain press release of 14 February 2011
Gambia 2012 n/a Death penalty for treason. Abolished 1993 but was reinstated by Armed Forces Provisional Ruling Council in August 1995
Ghana 1993 n/a Death penalty for murder; treason; armed robbery
Guinea-Bissau 1986 1993 Abolished 1993 by constitution.
Guinea 2001 n/a Death penalty for murder
Kenya 1987 n/a Death penalty for murder, armed robbery, treason. On 3 August 2009, the death sentences of all 4,000 death row inmates were commuted to life imprisonment, and government studies were ordered to determine if the death penalty has any impact on crime.
Lesotho 1984 n/a
Liberia 1995 n/a Death penalty for armed robbery, terrorism, hijacking. On 16 September 2005, Liberia acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights, abolishing the death penalty, but re-introduced elements of it in July 2008.
Libya 2010 n/a Libya executed more people (18) in 2010 than any other African state. Current laws allow capital punishment for high treason; attempt to forcibly change the form of government; premeditated murder
Madagascar *None since independence in 1960 n/a Last execution when a colony of France was in 1958.
Malawi 1992 n/a
Mali 1980 n/a
Mauritania 1987 n/a Death penalty for Sodomy; apostasy (no recorded executions).
Mauritius 1987 1995
Morocco 1993 n/a Death penalty for Terrorism. An abolition law project is being presented to the Parliament of Morocco in spring 2007. (see Human rights in Morocco#Capital punishment)
Mozambique 1986 1990 Abolished November 1990 by Constitution.
Namibia *None since independence in 1990 1990 Last execution when occupied by South Africa was in 1988. Abolished March 1990 by Constitution.
Niger 1976 n/a
Nigeria 2002 n/a Death penalty for sodomy, kidnapping. Each of the 36 states has its own laws. In the north of the country, Sharia (Islamic law) is used. In Imo State, a bill that provided capital punishment for kidnapping was signed into law. Southern states of Nigeria have imposed a moratorium on the death penalty since 2004.
Rwanda 1998 2007 Since some of the perpetrators of the Rwandan genocide fled to countries that refuse to extradite suspects to countries that use capital punishment, the Rwandan parliament voted to abolish capital punishment in 2007.
São Tomé and Príncipe *None since independence in 1975 1990 Abolished September 1990 by Constitution.
Senegal 1967 2004
Seychelles *None since independence in 1976 1993 Abolished June 1993 by Constitution.
Sierra Leone 1998 n/a Death penalty for treason; Murder; aggravated robbery. Under the Special Court for Sierra Leone the death penalty is not a punishment for war crimes
Somalia 2012 6 n/a Somalia is the only African state that continues to carry out public executions. The Transitional Federal Government laws allow for execution (in the limited area of the country it controls) for murder and adultery.
South Africa 1989 1995 The last execution by the South African government was on 14 November 1989. An execution occurred in the internationally unrecognised "homeland" of Venda in 1991. Capital punishment was declared unconstitutional by the Constitutional Court on 6 June 1995 in the case of S v Makwanyane and Another. In 1997 the Criminal Law Amendment Act formally removed the invalidated provisions from the statute-book, and made provision for the resentencing of prisoners previously sentenced to death. On 25 May 2005 the Constitutional Court ordered that all remaining death sentences in the country be set aside and the prisoners resentenced as soon as possible.
South Sudan 2011 5 n/a Death penalty for treason; insurgency, banditry, sabotage or terrorism resulting in death; perjury in a capital case leading to wrongful execution; murder; attempted murder causing injury by a person sentenced to life for a previous murder; brigandage with murder; and drug dealing under aggravated circumstances.
Sudan 2011 7+ n/a Death penalty for sodomy; Waging war against the state; apostasy; prostitution; treason; acts that may endanger the independence or unity of the state; murder; armed robbery; weapons possession and smuggling
Swaziland 1983 n/a Death penalty for murder; treason
Tanzania 1994 n/a Death penalty for murder; treason
Togo 1978 2009
Tunisia 1991 n/a Death penalty for murder; violence and aggression; attacks against the internal security of the state; attacks against the external security of the state. Following the Jasmine Revolution the new interim government announced on 1 February 2011 that it would ratify the International Covenant on Civil and Political Rights, including the Second Optional Protocol regarding the abolition of the death penalty.
Uganda 2005 n/a On 14 June 2005 the Constitutional court ruled that although the death penalty was constitutional, its use as a mandatory punishment for certain crimes was not.
Zambia 1997 n/a Death penalty for murder; aggravated robbery; high treason. President Levy Mwanawasa stated in 2004 that "For as long as I remain President, I will not execute a death warrant." (He died in office in 2008.)
Zimbabwe 2003 n/a Current capital crimes are drug trafficking; treason; murder; mutiny.

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