ENGLISH
Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
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Recalling that the Protocol Relating to the Establishment of the Peace and Security Council of the African
Union calls on the Peace and Security Council to seek close cooperation with the African Commission
on Human and Peoples’ Rights in all matters relevant to its objectives and mandate and that the African
Commission on Human and Peoples’ Rights shall bring to the attention of the Peace and Security Council
any information relevant to the objectives and mandate of the Peace and Security Council;
Recalling also the request by the Peace and Security Council, at its 455th meeting that the Commission
on Terrorism and Violent Extremism in Africa work closely with the African Commission on Human and
Peoples’ Rights to further support Member States’ efforts to promote and ensure the respect for human
rights and international humanitarian law while preventing and combating terrorism;
Recalling further the Commission’s mandate under Article 45(1)(b) of the African Charter on Human
and Peoples’ Rights is “to formulate and lay down, principles and rules aimed at solving legal problems
relating to human and peoples’ rights and fundamental freedoms upon which African Governments may
base their legislation”;
Recognising that it remains necessary to formulate and lay down principles and rules to further strengthen and supplement the provisions relating to human rights protections in the context of human rights
and countering terrorism;
Recalling that Article 1 of the African Charter on Human and Peoples’ Rights requires States to recognize
the rights, duties and freedoms enshrined in the Charter and to undertake to adopt legislative or other
measures to give effect to them; and that Article 26 requires States to guarantee the independence of
the Courts and to allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the Charter;
Reaffirming Resolution 88 on the Protection of Human Rights and the Rule of Law in the Fight against
Terrorism and recognizing that these Principles and Guidelines on Human and Peoples’ Rights while
Countering Terrorism in Africa should be read in conjunction with the African Charter on Human and
Peoples’ Rights, the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa, the Guidelines on the Conditions of Arrest, Police
Custody and Pre-Trial Detention in Africa, the Principles and Guidelines on the Right to a Fair Trial and
Legal Assistance in Africa, the Global Principles on National Security and the Right to Information (“Global
Principles” or “Tshwane Principles”), and any other existing or future documents of relevance to terrorism
and countering terrorism; and
Solemnly proclaims these Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa and urges that all necessary measures are taken by States parties and other stakeholders
in the area of human and peoples’ rights so that they become generally known to everyone in Africa;
are promoted by State authorities at all levels; are incorporated into domestic legislation and respected;
and are afforded the necessary resources for their effective implementations.