This paper investigates the role of African regional instruments in promoting the right to peace and the fight against terrorism. The need to fight against terrorism in Africa in order to maintain peace and security became one of the most important objectives of the African Union. This desire to fight led to the organization of many extraordinary and ordinary sessions of the Heads of States and government of the African Union, where during these sessions many human rights instruments were adopted. Amongst these instruments are: the OAU Convention on the prevention and fight against terrorism and its Protocol adopted in 2004, the 1994 Declaration on a Code of Conduct for Inter-African Relations, the Dakar Declaration against terrorism and the African Charter on Human and People’s Rights.
The adoption of these instruments therefore marked the beginning of a new era in Africa, where all the efforts and means converged to fight the organization and outbreak of terrorist attacks. All the African States were as from this moment supposed to ratify and adopt all these regional instruments in order to continue locally and internally the fight against terrorism.
This also called for a more effective and efficient collaboration between the African States and African Union Organs engaged in the fight against terrorism. This work therefore also examines the role of the African Union Organs responsible for the protection of Human Rights and responsible for maintaining peace and security in Africa. Amongst these African Union Organs are the Peace and Security Council (PSC) and the African Commission on Human and People’s Rights.
The Peace and Security Council, which was created by the Protocol of 2002 and entered into force in 2003, was put into place in order to stop all terrorist attacks and stop the outbreak of internal and international conflict, in order to maintain peace, security and stability in Africa. The action of this Council was completed and accompanied by the African Commission on Human and People’s Rights, as it is stipulated in article 19 of the 2002 Protocol. This Commission through its resolutions and rules of procedures greatly fights against terrorism in order to protect all the Human Rights contained in the African Charter of 1981. The action of these two organs shows to us the important role they play in fighting against terrorism.
Table of Contents
I- The role of the African regional instruments in promoting the right to peace and the fight against terrorism
A- The Regional instruments centered(dedicated)on the fight against terrorism in Africa
B- The promotion and protection of specific human rights by some African regional instruments in order to fight against terrorism
C- The Role of the African Union Continental Early Warning System in maintaining peace in Africa through Early Warning and Conflict Prevention
II- The role of the African Union Organs in maintaining peace by fighting against the crime of terrorism
A- The role of the Peace and Security Council in preventing, managing and resolving conflicts caused by terrorism
B- The African Commission on Human and People’s Rights and the fight against terrorism in Africa
Objectives and Research Themes
This work examines the effectiveness of African regional instruments and institutions in mitigating terrorism and promoting peace, specifically addressing the extent to which these mechanisms successfully protect human rights while combating extremist threats.
- Legal framework and regional instruments against terrorism in Africa.
- Human rights protection standards within the context of anti-terrorism measures.
- The functionality of the African Union’s Continental Early Warning System (CEWS).
- The operational role of the Peace and Security Council (PSC) in conflict resolution.
- The impact and jurisprudence of the African Commission on Human and People’s Rights (ACHPR).
Excerpt from the Book
B- The promotion and protection of specific human rights by some African regional instruments in order to fight against terrorism
The promotion and protection of the right to life by some African Regional Instruments on Human Rights is a good arm to fight against terrorism in Africa. This can be explained by the fact that in most cases, terrorist attacks aims at killing many innocents’ people thereby ignoring their dignity, because most terrorists believe that by killing some citizens, the political authorities will accept their demands. Amongst these regional instruments which promote the Right to life, we have the African Charter on Human and People’s Rights in its article 4. To add, this African Charter includes a right to integrity of person within the same provision protecting the right to life. The authors of terrorist attacks should stop seizing the life of innocent people.
The outbreak of terrorist activities and attacks in an area brings a lot of fear, instability and insecurity. This therefore violates the right to peace and security as it is stipulated in the African Charter on Human and People’s Rights of 1981 and the Protocol establishing the Peace and Security Council in Africa of 2002.Article 23 of the African Charter on Human and People’s Rights states that: “All peoples shall have the right to national and international peace and security”. This right is guided and implemented by the Peace and security Council which was created by the above Protocol adopted in 2002, were its article 12 proposes the creation of a Continental Early warning system in order to facilitate the anticipation and prevention of conflicts.
According to many African Regional instruments on Human Rights, every African citizen has the right to be free from torture and cruel, inhuman or degrading treatment. But it appears today that many terrorist organize and realize terrorist attacks in order to torture the citizens of a Country. The kidnap of young people especially girls in order to submit these young girls to torture, cruel, inhuman and degrading treatment is the modis operandi of many terrorists.
Chapter Summary
I- The role of the African regional instruments in promoting the right to peace and the fight against terrorism: This chapter analyzes the foundational legal instruments and regional frameworks established by the OAU and AU to combat terrorism and protect fundamental human rights.
A- The Regional instruments centered(dedicated)on the fight against terrorism in Africa: This section details specific regional conventions, such as the 1999 OAU Convention, aimed at criminalizing and preventing terrorist activities.
B- The promotion and protection of specific human rights by some African regional instruments in order to fight against terrorism: This section explores how rights like the right to life, integrity of person, and freedom from torture are safeguarded against the backdrop of terrorist threats.
C- The Role of the African Union Continental Early Warning System in maintaining peace in Africa through Early Warning and Conflict Prevention: This section discusses the function and limitations of the CEWS in identifying conflict risks to facilitate early intervention.
II- The role of the African Union Organs in maintaining peace by fighting against the crime of terrorism: This chapter examines the active institutional roles of the AU's political and legal organs in the direct fight against terrorism.
A- The role of the Peace and Security Council in preventing, managing and resolving conflicts caused by terrorism: This section highlights the PSC's mandate and its practical field missions aimed at restoring stability in conflict-ridden regions.
B- The African Commission on Human and People’s Rights and the fight against terrorism in Africa: This section evaluates the ACHPR’s interpretive role and its efforts to ensure that anti-terrorism strategies remain compliant with human rights law.
Keywords
Human rights, terrorism, right to peace, security, stability, Charters, right to life, Resolutions, Ordinary Sessions, African Union, regional instruments, institutions, conflict prevention.
Frequently Asked Questions
What is the primary focus of this research?
The research focuses on how African regional instruments and institutions, specifically the African Union, engage in the fight against terrorism while balancing the obligation to protect human rights.
What are the central thematic fields covered?
The work covers counter-terrorism legal frameworks, human rights standards, conflict prevention mechanisms, and the institutional mandates of the Peace and Security Council and the African Commission on Human and People’s Rights.
What is the primary research question?
The research asks to what extent African regional instruments successfully promote the right to peace and fight terrorism, and how effective and efficient the AU organs are in this pursuit.
Which scientific methods are employed?
The study utilizes a legal and institutional analysis, examining treaties, protocols, resolutions, and reports to evaluate the practical implementation of regional mandates.
What is the core content of the main section?
The main section details the legal evolution of anti-terrorism conventions, the operational roles of the CEWS and PSC, and the normative influence of the ACHPR on state practices.
Which keywords best describe this publication?
Key descriptors include human rights, terrorism, right to peace, African Union, conflict prevention, and international law instruments.
How does the ACHPR contribute to the fight against terrorism?
The ACHPR contributes by interpreting the African Charter in a way that emphasizes the necessity of upholding the rule of law and human rights, even when states are enacting measures to counter terrorism.
What is the role of the Continental Early Warning System (CEWS)?
The CEWS serves as a pillar of the African Peace and Security Architecture, aiming to anticipate potential conflicts by identifying early indicators of violence to allow for preventive diplomacy.
Does the author believe current efforts are sufficient?
The author concludes that while significant efforts and instruments exist, many African nations have not yet fully implemented these measures, leading to ongoing challenges in effectively stopping terrorist outbreaks.
- Arbeit zitieren
- Loyd Marcel Minka (Autor:in), 2016, The right to peace and the fight against terrorism. The role of African regional Human Rights instruments and mechanisms, München, GRIN Verlag, https://www.grin.com/document/350854
