TRES/002/4/2015: RESOLUTION ON HUMAN RIGHTS DEFENDERS AND TERRORISM LAWS IN AFRICA

TRES/002/4/2015: RESOLUTION ON HUMAN RIGHTS DEFENDERS AND TERRORISM LAWS IN AFRICA
We, the participants of the Forum on the Participation of NGOs in the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 30th African Human Rights Book fair held in Banjul, The Gambia from 16th to 19th April 2015;
Adopting the definition of Human Rights Defenders contained in the United Nations Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect universally recognized in Human Rights and Fundamental Freedoms;
Recalling that Human Rights Defenders are men and women working for the promotion and protection of nationally, regionally and internationally recognized human rights, including those working on civil and political rights as well as economic, social and cultural rights through peaceful means;
Noting the African Commission Resolution No. ACHPR/69/(xxxx04) ACHPR/Res119(xxxxii)07 and ACHPR/Res196(1) on the Protection of Human Rights Defenders in Africa;
Recognising the resolution of the African Union calling on member States to adopt anti-terrorism laws to fight against terrorism;
Noting the need for the African Commission to keep information on number of people lost due to terrorism
Further recognising that there is no exceptional situation that justifies the prevention of work of Human Rights Defenders;
Taking into consideration the significant role that Human Rights Defenders, including Women Human Rights Defenders, play in the promotion and consolidation of peace, human rights, good governance, democracy and rule of law;
Deeply concerned about the personal risks and dangers Human Rights Defenders face, including harassment, cruel and degrading punishment, abductions, enforced disappearance, torture, intimidation, death threats, imprisonment, arbitrary arrests, malicious prosecutions, extrajudicial killings and detention in unauthorized detention centres;
Deeply concerned that Human Rights Defenders are, at times, subjected to public statements that dehumanise and demoralise them, including political persecution, vilification and constant surveillance;
Call upon the African Commission to:
1) Urge member States to guarantee that existing anti-terrorism legislation is not misused for the monitoring and restriction of the work of Human Rights Defenders;
2) Guarantee that the anti terrorism laws should addresses the issue of human rights violations in framework of the fight against terrorism in their states;
3) Put an end to arbitrary practices of labeling of individuals or groups as terrorists without offering them the possibility to challenge such assertions before a court of law;
4) Allow Human Rights Defenders to investigate systematically in their country without hindrance, all allegations of involvement of members of law enforcement
agencies in extrajudicial killings, acts of torture or enforced disappearances.
Done in Banjul, The Gambia – 19th April, 2015