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Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
ENGLISH
In light of those considerations, the Commission adopted its Principles and Guidelines to assist States to
implement their human rights obligations while countering terrorism and other forms of violent extremism. In the current environment acts of terrorism and associated human rights abuses can touch almost
every walk and facet of live and impact all types of rights, whether civil and political; economic, social
and cultural; or group rights.
These Principles and Guidelines are special in the sense that they contain “Explanatory Notes” which
point the reader to the source of authority on which they are based. They therefore provide a set of fourteen General Principles, such as non-discrimination and the obligation to provide reparations, and guidance on specific issues that this Commission regarded as being particularly relevant to the protection of
human rights while combating terrorism. The Commission therefore recognizes that while some issues
may not be expressly covered in the Principles and Guidelines, they should nonetheless be covered by
the fourteen General Principles and by human rights instruments found elsewhere.
To provide States with guidance that would be most effective for respecting and ensuring their human
right obligations while combating terrorism, the Principles and Guidelines set out to meet four specific
objectives:
•
Focus on Victims: The Commission recognized that victims of terrorism are too often marginalized
from the discussions that States and intergovernmental organizations have to prevent and combat terrorism. For this reason, the Principles and Guidelines devote considerable time to the need
to prevent and punish acts of terrorism, and to provide assistance to the victims of terrorism.
•
Contextualization of the Phenomenon of Terrorism: The Principles and Guidelines reflect the reality that acts of terrorism and associated human rights abuses do not exist in a vacuum. Rather, an
effective strategy requires institutional and structural reforms that address their root causes. This
is in keeping with the Communiqué of the Peace and Security Council’s 455th meeting on terrorism and violent extremism in Africa on 2 September 2014, in which it was agreed that States need
to “address all conditions conducive to the spread of terrorism and violent extremism, including
prolonged unresolved conflicts, lack of rule of law and violations of human rights, discrimination,
political exclusion, socio-economic marginalization and poor governance,” and that poverty eradication, job creation and development may be key components to a successful strategy.
•
Responding to Emerging Issues: The Principles and Guidelines address a broad set of human
rights issues, including emerging issues that are unfortunately commonly associated with preventing and combating terrorism and violent extremism. To this end, the Principles and Guidelines contain both general and specific rules that apply to the right to life; deprivation of liberty,
humane treatment, and fair trials; rendition and transfers; anti-terrorism laws and “watch lists”;
interstate cooperation; private security contractors; statelessness and citizenship; human rights
defenders; the right to privacy and access to information; and human security.
•
Underlining the Importance of Cooperation and Implementation of these Principles and Guidelines: Cooperation amongst African Union institutions to respect human rights while combating
terrorism and the need to implement the content of the Principles and Guidelines constitute the
last pillar on which the latter are based. The success of the Principles and Guidelines in achieving
respect for human rights while combating terrorism, as well as using human rights to reduce its
prevalence, will be measured by the extent to which they are known and implemented by States
Parties to the African Charter.
The African Commission on Human and Peoples’ Rights calls on all stakeholders to use the Principles
and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa to inform their work
in strengthening human rights protections and preventing terrorism and violent extremism.