ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
_' ,
Article 7 (1) of the 2009 Proclamation states ;'Whose'oer recruits another person or takes
training or becomes a member or participates in: any capacity for the purpose of a terrorist
,
organization
or committing
a terrorist act, on the basis of his level of participation,
IS
punishable with rigorous imprisonment from 5
Article 7(2) of the 2009 Proclamation states
serves as a leader or decision maker
in a terrorist organization is punishable with
Article 9 of the 2009 Proclamation states
that a property is a proceed of terrorist act
or conceals or disguises the properiv is pu
with
rigorous imprisonment from 5to 15 years."
Article 2 (4) of the 2009 Proclama
association or organization which is '
of committing acts of ferrorism",
terrorism or assists or .
an
organization so proscribed. as
From the ,:~iJov'€''.>..
..
171.
notes that the definition of
n~TH"
'terrorist acts' aDd the elements that
broad, not pre'~~~'~"and not formula
sufficient precision
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,',
to foresee the
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cOl1~equences which,,~,given action tJiay entail. For example, it is not clear as to what
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.
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amoq$(i§;::JP "destabilii;iHg\\'or" ~~~tifoying the fundamental
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political, constitutional
or,
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econom~:~,or:soefg,~i\iY;§J:itutions
a/the country" or" creation of serious risk to the safety or health
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':/~J;h:;,t::;~~T:;:~iL.,~,~,
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of the pu1:Jtt~orc::(ifctio-n"o]i'j~public."Secondly, the offences enumerated therein are broad
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enough to l~~lude legitimate/lawful
acts which would otherwise be protected under
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national and{'~:t1t,~rnationallaw., Also, the definition of 'terrorism
i'<'",-",'"
organization'
in
•
Article 2 ther~6f and the "terrorist acts" in Articles 4 and 7 thereof are all linked to the
broad definition of Article 3 thereof and' the offences listed therein. Therefore, the
application of these provisions is susceptible to being used arbitrarily or in an abusive
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manner
against
. .
certain category
of persons
!
.
or groups
Commission also notes that the Second Complainant
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or organi§_ations. The
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The African Commi ·sion o~ HUI~11)?andpeqp~s'Cil
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31 Bijilo Anne
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Phone: (220) 23 , 61'Fax~(~~Q.)A~1
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