ISHR
Insecurity and violent extremism, particularly in Africa's Sahel region, are prompting States to adopt counter-terrorism measures. However, in many cases, these measures are also used to restrict rights and criminalise the the work of defenders.
States have the responsibility to protect people’s rights, especially civilians in a conflict context. However, in their fight against terrorism, States adopt legislative and institutional measures that are unfortunately being used to perpetrate human rights violations ranging from enforced disappearances, to acts of torture, and attempts on the lives of civilians.
With regard to article 4 of the African Charter on Human and Peoples’ Rights, the Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa, and the OAU Convention on the Prevention and Combating of Terrorism, Commissioner Idrissa Sow, Chairperson of the African Commission and of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Executions and Enforced Disappearances in Africa moderate a panel on ‘Extrajudicial Killings in the Context of the Fight Against Terrorism in Africa’.
The panel included Allan Ngari from Human Rights Watch, Ousmane Diallo from Amnesty International, and Aua Balde Member of the Working Group on Enforced or Involuntary Disappearances. They looked at the trends in the region and gave the example of several States where, repeatedly, fighting against terrorism is not only affecting the rights of defenders, but also civilians’ liberty and safety.
Burkina Faso, Mali, Niger, Nigeria, Mozambique, and the north of Togo are some of the areas where tactics to fight against terrorism are misused against civilians. Consequently, instead of being protected from terrorism, civilians become victims of violence, women are raped, communities and political opponents are killed, in some cases with the support of external mercenaries.
On the use of the fight against terrorism to commit extrajudicial killings, including against human rights defenders, Aua Balde reminded that:
'The fight against terrorism goes hand in hand with the protection of human rights.'Aua Balde
To overcome this situation, the panel proposed the following steps:
In conclusion, Allan Ngari said:
'The fight against terrorism is legitimate, but if it is carried out outside the rule of law, it is detrimental to civilians’ rights.'Allan Ngari
Concerned about the increasing numbers of unresolved cases, the NGO Forum held ahead of the 85th session of the African Commission on Human and Peoples’ Rights looked at ways to address impunity for human rights violations in Africa.
Earlier this month, Belgium, on behalf of the BENELUX States, raised a number of cases of reprisals during an interactive dialogue at the Third Committee before the Assistant Secretary-General for Human Rights and head of the Office of the High Commissioner for Human Rights, Ilze Brands Kehris.
Sharing the documentation of the situation of human rights on the continent, the NGO Forum of the African Commission gave the opportunity to sub-regional focal points to provide a brief description of the situation of human rights defenders in Africa.
