10 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa ENGLISH Stressing that these root causes need to be addressed in a comprehensive manner, including through de- and counter-radicalization mechanisms that respect human rights, and through strategies that empower civil society organizations, including religious leaders, women, and youth, as well as vulnerable groups; Explanatory Note: See, Communiqué of the Peace and Security Council of the African Union, at its 455th meeting on the prevention and combating of terrorism and violent extremism in Africa on 2 September 2014, para. 29. Stressing also that whereas the spread of terrorism may, in some circumstances, be intensified by the use of the Internet and social media, the Internet and social media are tools which can be used to combat the spread of terrorism and should not be viewed as a threat in itself; Explanatory Note: See, U.N. General Assembly, Resolution 60/288: United Nations Global Counter-Terrorism Strategy, Section II, para. 12. Recalling that the Convention on the Prevention and Combating of Terrorism states that nothing in that convention shall be interpreted as derogating from the general principles of international law, in particular the principles of international humanitarian law, as well as the African Charter on Human and Peoples’ Rights; and that the United Nations Global Counter-Terrorism Strategy of 2006 recognizes that “development, peace and security, and human rights are interlinked and mutually reinforcing”; Explanatory Note: See, Organization of African Unity Convention on the Prevention and Combating of Terrorism, Article 22(1); and U.N. General Assembly, Resolution 60/288: United Nations Global Counter-Terrorism Strategy, Preamble and Section IV. Reiterating in its determination to rid Africa of the scourge of terrorism and violent extremism, terrorism cannot and should not be associated with any religion, nationality, civilization or group and that the curtailment of human rights can create greater unrest; that States must give consideration to the gender dimensions of terrorism and counterterrorism, that women and children are too often the direct and indirect victims of terrorism and counterterrorism, and that human rights must be respected and protected at all times; that the use of children as instruments of terrorism must be condemned; and that States must not use combatting terrorism as a pretext to unlawfully and arbitrarily restrict fundamental freedoms, in particular freedom of assembly, expression, association, religion, and movement, and the right to privacy and property; Explanatory Note: See, Communiqué of the Peace and Security Council of the African Union, at its 455th meeting on the prevention and combating of terrorism and violent extremism in Africa on 2 September 2014, paras. 6 and 28; Comms. 143/95-150/96, Constitutional Rights Project and Civil Liberties Organisation v. Nigeria (November 1999), para. 33; ACHPR, Resolution 283: Situation of Women and Children in Armed Conflict; Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, A/64/211, 3 August 2009; and Explanatory Note to Principle 1(I), Fundamental Freedoms and Principle 1(M), Non-Derogations and Restrictions on Human Rights and Freedoms. Recognizing the duties that States have to bring about justice for the victims of terrorism and to provide support for the physical and psychological care and social rehabilitation of these victims; Explanatory Note: See, 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, paras. 61-62.

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