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Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa
PART
ENGLISH
10
HUMAN RIGHTS DEFENDERS,
VICTIMS, WITNESSES,
JOURNALISTS, INVESTIGATORS,
JUDGES, AND OTHERS
A.
National Human Rights Institutions: States shall allow the establishment and improvement of
appropriate national institutions entrusted with the promotion and protection of human rights and
freedoms guaranteed under international and regional human rights law. This applies in particular to
national institutions that promote and respect human rights in the context of terrorism and countering
terrorism.
Explanatory Note: See, African Charter on Human and Peoples’ Rights, Article 26.
B. Protection by the State: States shall ensure that witnesses and victims of terrorism and counterterrorism-related human rights abuses; others who provide information to authorities; those conducting any investigation into human rights abuses; judicial officers; journalists and media practitioners;
other human rights defenders; and their family members, in particular women and children, are protected from violence, threats of violence, or any other form of intimidation or reprisal from a State
agent, suspected terrorist or terrorist group, or other private individual. Where victims of terrorism
or counterterrorism-related harm have provided information to the authorities, or are called upon to
provide testimony during legal proceedings, their rights to life, physical security, and privacy must be
fully protected, subject to safeguards to ensure that any protective measures adopted are compatible with the accused person’s right to a fair and public hearing. This may require States to institute
robust systems for witness protection.
Explanatory Note: See, African Charter on Human and Peoples’ Rights, Article 1; Comms.
272/03, Association of Victims of Post Electoral Violence & INTERIGHTS v. Cameroon
(November 2009), paras. 87-88; 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; ACHPR, Guidelines and
Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa, Guideline 49; U.N. Basic Principles and Guidelines
on the Right to a Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian Law, Article 23;
ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa,
Section I(b), (e), and (f) (“Independence of Lawyers”); U.N. Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power, Annex Article 4; and Report of the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism, Ben Emmerson, A/HRC/20/14, 4 June 2012, para. 67(g);