ENGLISH
Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
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Convention on the Preventing and Combating of Terrorism, Article 22(1); 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); U.N. General Assembly, Resolution 60/288: United Nations Global CounterTerrorism Strategy, Section IV; Peace and Security Council, Report of the Chairperson of the
Commission on Terrorism and Violent Extremism in Africa, 455th Meeting at the Level of
Heads of State and Government, Nairobi, Kenya, 2 September 2014, paras. 74, 80, and 83.
C. Obligation to Protect from Terrorism: States shall, in accordance with their obligations under international human rights, humanitarian, and refugee law, protect the people in their territory or under
their jurisdiction against unlawful violence, including acts of terrorism. States shall similarly protect
terrorist suspects, their families, and associates from harassment, other attacks, and vigilante justice.
Explanatory Note: See, Comm. 245/02, Zimbabwe Human Rights NGO Forum v. Zimbabwe
(May 2006), para. 143; Comm. 74/92, Commission nationale des droits de l›Homme et des
libertés v. Chad (October 1995), para. 20; Organization of African Unity Convention on the
Preventing and Combating of Terrorism, Article 22(1); 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(2).
D. Obligation to Ensure Accountability: States shall effectively investigate and publicly disclose information about human rights abuses, and bring to justice, including through prosecution, perpetrators
of human rights abuses. An order from a superior officer or a public authority may not be invoked
as a justification or lawful excuse for a human rights abuse. This rule applies to human rights abuses
resulting from acts of terrorism and counterterrorism.
Explanatory Note: See, U.N. Security Council, Resolution 1373, para. 2(e); African Charter
on Human and Peoples’ Rights, Article 1; International Covenant on Civil and Political Rights,
Article 2(2); U.N. Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, Articles 2(1), 2(3), and 4(1); U.N. Convention for the Protection
of All Persons from Enforced Disappearance, Article 4 and 6(2); Guidelines and Measures
for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or
Punishment in Africa, Guideline 11; Code of Conduct for Law Enforcement Officials, Article
5; Comm. 288/2004, Gabriel Shumba v. Republic of Zimbabwe (May 2012), footnote 16;
Comm. 245/02, Zimbabwe Human Rights NGO Forum v. Zimbabwe (May 2006), para.
143; Comm. 74/92, Commission nationale des droits de l›Homme et des libertés v. Chad
(October 1995), para. 20; and see also Explanatory Note to Principle 12(A), Right of Access
to Information and the Right to Truth.
E. Obligation to Provide an Effective Remedy: When a State, or any other entity, violates an individual’s
human rights, the State shall provide an effective remedy that is available, effective, and sufficient.
The remedy is considered available if the individual can pursue it without impediment, it is deemed
effective if it offers a prospect of success, and it is sufficient if it is capable of redressing the complaint.
This rule applies in the context of human rights abuses resulting from acts of terrorism and counterterrorism.
Explanatory Note: See, African Charter on Human and Peoples’ Rights, Articles 1 and 7(1)
(a); Comms. 147/95 and 149/96, Dawda Jawara v. The Gambia (May 2007), para. 32; African
Commission on Human and Peoples’ Rights Principles and Guidelines on the Right to a Fair
Trial and Legal Assistance in Africa, Section C (“Right to an Effective Remedy”); Committee
Against Torture, General Comment 3 on Implementation of Article 14 by States Parties,
para. 5; Comm. 245/02, Zimbabwe Human Rights NGO Forum v. Zimbabwe (May 2006),
para. 143; Comm. 74/92, Commission nationale des droits de l›Homme et des libertés v.
Chad (October 1995), para. 20; and Explanatory Note to Principle 12(A), Right of Access to
Information and the Right to Truth.