|  05 ENGLISH FOREWORD The present Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa were adopted by the African Commission on Human and Peoples’ Rights during its 56th Ordinary Session in Banjul, Gambia (21 April to 7 May 2015). The Principles and Guidelines were developed on the basis of Article 45(1)(b) of the African Charter, which mandates the Commission to formulate standards, principles, and rules on which African governments can base their legislation. They are based on African regional treaty law; the case law, standards, and resolutions of this Commission; and international human rights treaty law and U.N. Security Council resolutions. The Principles and Guidelines also give consideration to other international and regional human rights decisions and special mechanisms, U.N. General Assembly resolutions, including the U.N. Global Counter-Terrorism Strategy of 2006, and the views of the Office of the United Nation High Commissioner for Human Rights. The Principles and Guidelines were conceived of and drafted after African Union institutions and its Member States had passed resolutions and put in place various mechanisms to respond to grave acts of terrorism and violent extremism. Most prominent amongst these are the OAU Convention on the Prevention and Combating of Terrorism and its Protocol. At this same time, the African Union has emphasized the need for Member States to respect the rights of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments. The Commission, for its part, passed Resolution 88 (2005) on the Protection of Human Rights and the Rule of Law in the Fight against Terrorism, which reaffirmed that “African States should ensure that the measures taken to combat terrorism fully comply with their obligations under the African Charter on Human and Peoples’ Rights and other international human rights treaties, including the right to life, the prohibition of arbitrary arrests and detention, the right to a fair hearing, the prohibition of torture and other cruel, inhuman and degrading penalties and treatment and the right to seek asylum.” African Union institutions and Member States have also recognized that the root causes to such violence need to be addressed in a comprehensive manner, including through mechanisms that respect human rights, and through strategies that empower civil society organizations, including religious leaders, women, and youth, as well as vulnerable groups.

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