ISHR
The resurgence of insecurity and rise of violent extremism, particularly in Africa's Sahel region, is prompting States to adopt counter-terrorism measures. However, in many cases, these measures are also used to criminalise or restrict the work of HRDs and violate the rights of civilians.
States have the prior responsibility to protect peoples’ rights, especially civilians in a conflict context. However, in their fight against terrorism, States adopt legislative and institutional measures that are, unfortunately, been used in most cases as grounds to perpetrate human rights violations ranging from enforced disappearances, acts of torture, and attempts on the lives of civilians.
With regard to article 4 of the African Charter on Human and Peoples’ Rights (African Charter ), 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 HRDs’ rights but also civilians’ liberty, safety, and life.
Burkina Faso, Mali, Niger, Nigeria, Mozambique, and north of Togo are some of the countries 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 HRDs, Aua Balde reminded that:
The fight against terrorism goes hand in hand with the protection of human rights.Aua Balde, Member of the Working Group on Enforced or Involuntary Disappearances
To overcome this situation, the panel proposed the following:
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’ rightsAllan Ngari, Africa Advocacy Director, Human Rights Watch
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.
