Resolution on the Fight Against Terrorism and Respect for Human Rights in AfricaCA

We the participants, at the Forum on the Participation of NGOs at the 34th Ordinary Session of the African Commission on Human and Peoples’ Rights, and at the 8th Book Fair on Human Rights in Africa, held at the Corinthia Atlantic Hotel, Banjul, from 3rd to 5th November, 2003,

Considering the obligation of Member States to enforce compliance with fundamental Human Rights and Liberties;

Cognisant of the right and duty of States to take appropriate steps to combat all acts of terrorism;

Concerned at the pretext taken by certain African States in the international fight against terrorism in the aftermath of September 11 to suspend or abrogate the enforcement of international human rights laws and international humanitarian law;

Noting that in the absence of a universally accepted definition of the term “terrorism” which gives rise to loose, vague and nebulous definitions, both at the regional and national levels, States have used the opportunity to commit criminal acts under the guise of universally recognised rights;

Alarmed at the attacks perpetrated against the champions of Human Rights in Africa within the context of the fight against terrorism;

Recalling that the steps taken in the fight against terrorism should be conducted in strict compliance with the principles of Human rights and fundamental liberties;

Saluting United Nations General Assembly Resolution 57/219, and Resolution 2003/68 of the Commission on the protection of Human Rights and fundamental liberties in the fight against terrorism, and the conclusions of various United Nations organs monitoring the Human Rights treaties and special procedures of the Human Rights Commission on the detrimental aspects of steps taken to fight terrorism on the fulfilment of Human rights;

Concerned at the increased recourse to emergency jurisdiction to try presumed terrorists, in contravention of international norms of the right to a free trial;

Apprehensive about the use and extension of State of Emergency Laws in certain African countries giving rise to unwarranted restrictions to the full exercise of Human rights;

Urgently Call On African States to fulfil their international commitments, especially the provisions of the African Charter on Human and Peoples’ Rights in the areas of Human Rights, humanitarian Law and Refugees’ Laws, in their fight against terrorism;

Call for the abrogation of all State of Emergency laws where such laws fall short of the infringement criteria in the domain of international law and human rights;

Call for the abolition of the death penalty in all countries on the continent;

Call On the African Commission for Human and Peoples’ Rights to accord special attention, in the exercise of its mandate to ensure strict adherence of States to the Human Rights treaties in the adoption of anti-terrorism measures;

Call On African States to ratify or accede to the Protocol establishing an African Human and Peoples’ Rights Court;

Call On Member States of the African Union to amend the Organisation of African Unity Convention on the Prevention and Fight against Terrorism so as to comply with norms governing the International Human Rights Law;

Call for the immediate establishment by the United Nations Commission on Human Rights of a universal and general monitoring mechanism of anti-terrorism measures adopted by States. This mechanism shall be aimed at analysing and evaluating the level of conformity of these measures with international Human rights instruments and International Law;

Done in Banjul on, 5 November, 2003