
Contents
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1. Introduction 1. Introduction
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2. The Normative Framework of the Fight Against Terrorism 2. The Normative Framework of the Fight Against Terrorism
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2.1. The Problems Posed by the Definition of Terrorist Acts 2.1. The Problems Posed by the Definition of Terrorist Acts
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2.2. The Guiding Principles of Cooperation in the Fight against Terrorism 2.2. The Guiding Principles of Cooperation in the Fight against Terrorism
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2.2.1. Harmonization of Domestic Law with the Algiers Convention 2.2.1. Harmonization of Domestic Law with the Algiers Convention
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2.2.2. Trial or Reciprocal Delivery of Presumed Perpetrators of Terrorist Acts 2.2.2. Trial or Reciprocal Delivery of Presumed Perpetrators of Terrorist Acts
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2.2.3. Compliance with the Principles of International Law 2.2.3. Compliance with the Principles of International Law
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3. The Enforcement of the Algiers Convention and its Consequences 3. The Enforcement of the Algiers Convention and its Consequences
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4. Human Rights Violations 4. Human Rights Violations
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4.1. The Right to Life 4.1. The Right to Life
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4.2. The Principles of Legality and the Primacy of Law 4.2. The Principles of Legality and the Primacy of Law
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4.3. The Principle of Legality with Respect to Crimes and Offences 4.3. The Principle of Legality with Respect to Crimes and Offences
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4.4. Deprivation of Liberty: Police Custody, Detention under Remand, and Administrative Detention 4.4. Deprivation of Liberty: Police Custody, Detention under Remand, and Administrative Detention
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4.5. The Right to a Fair Trial 4.5. The Right to a Fair Trial
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4.6. Freedoms of Expression and Information 4.6. Freedoms of Expression and Information
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4.7. Right of Asylum and Non-refoulement 4.7. Right of Asylum and Non-refoulement
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5. Towards a New Regional Approach to Protecting Human Rights in the African Framework of the Fight Against Terrorism 5. Towards a New Regional Approach to Protecting Human Rights in the African Framework of the Fight Against Terrorism
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5.1. The Approach of the ACHPR 5.1. The Approach of the ACHPR
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5.1.1. The ACHPR’s Role and Legal Framework 5.1.1. The ACHPR’s Role and Legal Framework
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5.1.2. The ACHPR’s Role in the Fight against Terrorism 5.1.2. The ACHPR’s Role in the Fight against Terrorism
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5.1.3. Concrete Recommendations on Strengthening the Counter-Terrorism Function of the ACHPR 5.1.3. Concrete Recommendations on Strengthening the Counter-Terrorism Function of the ACHPR
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6. The Necessity of Establishing a Common Approach to Protecting Human Rights in the Fight Against Terrorism on the African Continent 6. The Necessity of Establishing a Common Approach to Protecting Human Rights in the Fight Against Terrorism on the African Continent
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6.1. Establishment of the African Court on Human and Peoples’ Rights 6.1. Establishment of the African Court on Human and Peoples’ Rights
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6.2. The Complementary Roles of the ACHPR and the Court 6.2. The Complementary Roles of the ACHPR and the Court
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6.3. Recommendations for Establishing Constructive and Effective Dialogue between the Key Continental Players 6.3. Recommendations for Establishing Constructive and Effective Dialogue between the Key Continental Players
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7. Conclusion and Recommendations 7. Conclusion and Recommendations
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31 Reconciling the Protection of Human Rights and the Fight against Terrorism in Africa
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Published:January 2012
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Extract
I dedicate this chapter to the memory of two people dear to me who departed this world during its writing: my mother, Aissatou Soumah, and my brother and friend, Alpha Fall.
Measures to combat terrorism … are only legitimate if they respect the fundamental principles and the universally recognized standards of international law, in particular, international human rights law and international humanitarian law.1
OHCHR, ‘Statement on Racial Discrimination and Measures to Combat Terrorism’ (1 November 2002) UN Doc A/57/18 Chapter XI(C) para 3.
Introduction
In June 2011, Africa celebrated the 30th anniversary of the African Charter on Human and Peoples’ Rights 19812 (African Charter) which, together with the Constitutive Act of the African Union 20003 (Constitutive Act), make up the founding text for the actions of the mechanisms with which this continent has been endowed to promote and protect human rights.4
It is to be hoped that this important landmark in the African Charter’s existence will be put to good purpose by African leaders to launch in-depth reflection on the progress achieved, and the difficulties encountered, in protecting human life and dignity on the continent since the Summit of the Organization of African Unity (OAU) held in Nairobi, Kenya in 1981, which marked the consecration of Africa’s effective entrance into the then rarefied circle of continents endowed with mechanisms to protect human rights.
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