PREVENTING AND COMBATING TERRORISM IN AFRICA

Africa and its people have for long experienced various forms of terrorism. The 1998 embassy bombings in Nairobi and Dar-es-Salaam, which killed over 240 Africans and several thousands of others injured, remain the hallmark of terrorism on the continent.

The toll of terrorism and the price Africans have had to pay for these outrageous criminal acts can hardly be estimated in statistical figures. In the past two decades alone, tens of thousands of Africans have lost their lives; thousands of others have been maimed or injured in one way or the other; thousands more have been deprived of their beloved relatives; and thousands have lost their properties as a result of terrorism. As a threat to both human and state security, terrorism has also made governance and statehood in Africa fragile.

African concerns at the continental level to combat and eradicate the scourge of terrorism have a long history. As far back as 1992, the Organization of African Unity (OAU), during its 28 th Ordinary Summit in Dakar, Senegal, adopted resolution AHG/Res. 213 (XXVIII), aimed at enhancing cooperation and coordination among Member States in order to fight the phenomenon of extremism. In 1994, at its 30 th Ordinary Summit, held in Tunis, Tunisia, from 13 - 15 June, the OAU Assembly adopted the declaration AHG/Decl. 2 (XXX) on the Code of Conduct for Inter-African Relations, which unequivocally rejected fanaticism and extremism or the use of religion to commit acts of violence including terrorist acts.

Efforts of the continent in the 1990s, to deal with the phenomenon of terrorism, in a more resolute and systematic manner, culminated with the adoption of the OAU Convention on the Prevention and Combating of Terrorism, in 1999, during the 35 th Ordinary Session of the OAU Heads of State and Government, held in Algiers, Algeria. The Convention provided the legislative framework for combating terrorism at the continental level. Some of the important provisions of the Convention include a definition of terrorism in Africa, areas of cooperation among States, extradition and scope of State's jurisdiction. The Convention entered into force on 6 December 2002 and has been ratified by 27 countries (as of 19 November 2003).

Furthermore, in order to ensure cooperation and coordinated action in combating terrorism and other criminal acts in Africa, particularly those with transnational character, the Secretariat of the OAU convened, in Addis Ababa, in April 2001, a meeting of Experts to consider a Draft Convention on Extradition and the Draft Convention on Mutual Legal Assistance in Criminal Matters. The meeting made substantial input on the draft Conventions and recommendations for their finalization.

11 September 2001 and After: Actions of the African Union (AU) to Combat Terrorism in Africa.

The magnitude of the attacks in New York and Washington DC, provided a new vigor and momentum at the international level, to fight terrorism in all its aspects and manifestations. This unprecedented international solidarity inspired many regions to do more to prevent and combat terrorism.

In Africa, 9/11 spurred new concerns for the need to strengthen counter-terrorism measures in light of the lessons drawn from the events and the emerging global counter-terrorism standards. In this context, the OAU/AU convened a number of meetings of African leaders to discuss and adopt common measures against terrorism and to further explore meaningful ways of contributing to the efforts of the international community. The following constitute some of the responses to terrorism after 9/11:

•  The African Summit Against Terrorism, held in Dakar, Senegal, on 17 October 2001, convened under the initiative of President Abdoulaye Wade, President of the Republic of Senegal. The Summit adopted the Dakar Declaration Against Terrorism, which strongly condemned the attacks on 9/11 and called for the need to strengthen the 1999 Algiers Convention on the Prevention and Combating of Terrorism through an additional protocol, taking into consideration the new global realities of international terrorism. It also called for efforts to ensure that the post 9/11 events and their consequences have the least possible adverse impact on African development and on the implementation of the New Partnership for Africa's Development (NEPAD).

•  The Fifth Extraordinary Session of the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution, held at Ministerial level on 11 November 2001, in New York. The meeting was convened under the initiative of Sudan. It adopted a Communiqué, which reaffirmed the concerns and recommendations of the African Summit Against Terrorism and called for Member States, which had not yet done so to sign and ratify both the 1999 Algiers Convention and other relevant international conventions and protocols against terrorism. One of the important outcomes of the meeting was that it endorsed and expressed Africa's unreserved support for Security Council resolution 1373 adopted on 28 September 2001.

•  The Inter-Governmental High Level Meeting on the Prevention and Combating of Terrorism in Africa, held in Algiers, from 11 - 14 September 2002. The meeting adopted the Plan of Action on the Prevention and Combating of Terrorism in Africa. The Plan of Action has been endorsed by the policy Organs of the African Union as the policy guideline for action against terrorism in Africa.

•  The Draft Protocol to the OAU Convention on the Prevention and Combating of Terrorism. The Draft Protocol provides for an implementation mechanism for the Convention, as well as an update to the Convention on the new global counter-terrorism measures, as recommended by the Dakar Summit and the Inter-Governmental High Level Meeting.

•  The meeting of Experts to consider Modalities for the implementation of the AU Plan of Action on the Prevention and Combating of Terrorism in Africa, held in Addis Ababa, on 28 th and 29 th October 2003. The meeting made recommendations for developing a roadmap on the operationalization of the Plan of Action.

Combating Terrorism and Human Rights Concerns in Africa

One of the AU's primary concerns for combating terrorism is that terrorism violates basic human rights, particularly freedom of expression, freedom from fear, the right to life, right to development, the right to practice religion and the right to security. Terrorism also stands on the way of the aspirations of African peoples, particularly those envisaged in the Constitutive Act of the African Union and in other continental common frameworks. These include, the Grand Bay (Mauritius) Declaration and Plan of Action on Human Rights in Africa, the African Charter on Human and Peoples' Rights, the New Partnership for Africa's Development (NEPAD), the Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA) as well as the Abuja Treaty establishing an African Economic Community.

In adopting the 1999 Algiers Convention, African leaders were convinced that terrorism constitutes a serious violation of human rights, such as the right to physical integrity, life, freedom and security. The Draft Protocol takes this further by committing States Parties to the Convention to comply with African and international conventions and treaties relating to human rights, humanitarian law and other principles of international law, including the law of sovereignty of States and territorial integrity.

Combating Terrorism and Its Linkages

The linkages between terrorism and other scourges, such as the proliferation of weapons of mass destruction, illicit proliferation of small arms and light weapons, money laundering and drug trafficking, are as dangerous as terrorism itself. These linkages serve as vehicles for terrorism, and it is now widely believed that terrorism cannot be eradicated without eliminating these linkages. In adopting the 1999 Algiers Convention, African leaders stated their awareness of the growing links between terrorism and organized crime, including illicit traffic of arms, drugs and money laundering.

The Plan of Action obligates Member States to take into consideration the intimate relationship between terrorism and related scourges such as drug trafficking, illicit proliferation and trafficking of small arms and light weapons, corruption, and money laundering. The Draft Protocol further closes the gaps by raising awareness of the link between terrorism and weapons of mass destruction.

Africa has over the years promoted and supported international instruments that regulate practices that could contribute to terrorism, such as the Palermo Convention on Transnational Organized Crime, the Ottawa Convention on Anti-Personnel Landmines, the UN Plan of Action on the Illicit Trade in Small Arms in all its Aspects, and the UN Conventional Arms Register. In addition to international instruments, Africa has also considered and developed common positions, to counter and regulate those activities associated with terrorism such as drug trafficking, arms trafficking, illegal human trafficking, mercenaries, organized crime, corruption and money-laundering and weapons of mass destruction. In order to control such activities, African countries adopted the followings:

•  the 1996 Yaoundé Declaration and Plan of Action on Drug Control, Abuse and Illicit Drug Trafficking in Africa;

•  the 1998 Dakar Declaration on the Prevention and Control of Organized Transnational Crime and Corruption;

•  the 2000 Bamako Declaration on an African Common Position on the Illicit Proliferation, Circulation and Trafficking of Small Arms and Light Weapons; and

•  the 1998 Pelindaba Treaty Establishing a Nuclear-Weapons Free Zone in Africa.

While the primary responsibility for combating and ensuring global cooperation against terrorism, remains that of the United Nations, however, the African Union remains committed to work with the international community and to play its rightful role in Africa in the global war against terrorism.