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Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
PART
ENGLISH
1
GENERAL PRINCIPLES
A. Obligation to Refrain from Terrorism: States shall refrain from any acts aimed at organizing, supporting, financing, committing or inciting to commit terrorist acts, or providing havens for terrorists,
directly or indirectly. The obligation to refrain from terrorism shall be carried out in accordance with
the State’s obligations under international human rights, humanitarian, and refugee law.
Explanatory Note: See, Organization of African Unity Convention on the Preventing and
Combating of Terrorism, Articles 4(1) and 22(1); U.N. Security Council, Resolution 1373,
para. 2(a); Constitutive Act of the African Union, Article 4(o); Convention Governing
the Specific Aspects of Refugee Problems in Africa, Article 3; U.N. General Assembly,
Declaration of Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations, 24 October
1970; Protocol to the OAU Convention on the Prevention and Combating of Terrorism,
Preamble; Protocol Relating to the Establishment of the Peace and Security Council of the
African Union, Article 3(f); and U.N. General Assembly, Resolution 60/288: United Nations
Global Counter-Terrorism Strategy, Section IV.
B. Obligation to Prevent Terrorism: States shall take the necessary steps to prevent the commission
and financing of terrorist acts, including by providing early warning to other States by exchange
of information; denying safe haven to those who finance, plan, support, or commit terrorist acts, or
provide safe havens; and preventing those who finance, plan, facilitate, or commit terrorist acts from
using their respective territories for those purposes against other States or individuals in other States.
To ensure that States fulfil their obligation to prevent terrorism, States must provide the responsible
authorities the necessary specialized training and technical and material assistance. States must also
adopt, as needed, non-punitive counter-radicalization and de-radicalization policies and programs
that include engaging and working with the media, civil society organizations, community leaders,
religious authorities, women and victims of terrorism, formal and informal educational institutions,
as well as legislative reforms, prison rehabilitation programs, and building national capacities, to ensure effective implementation and sustainability of these related measures. The obligation to prevent
terrorism must be carried out in accordance with the State’s obligations under international human
rights, humanitarian, and refugee law.
Explanatory Note: See, U.N. Security Council, Resolution 1373, paras. 1(a) and 2(a-d); Plan
of Action of the African Union High-Level Inter-Governmental Meeting on the Prevention
and Combating of Terrorism in Africa, Preamble, para. 4; Organization of African Unity