University of Ghana http://ugspace.ug.edu.gh TERRORISM AND ETHICS IN COUNTERTERRORISM IN AFRICA BY ROSE TOLOO APRONTI (10339795) THIS DISSERTATION IS SUBMITED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE A WARD OF MASTER OF ARTS DEGREE IN INTERNATIONAL AFFAIRS LEGON JULY 2017 University of Ghana http://ugspace.ug.edu.gh DECLARATION I, ROSE TOLOO APRONTI hereby dec lare that except for references to other publications and materials which have been du ly acknowledged herein, this work in its entirety, is the result of an original research conducted by me und er the supervisio n of Dr. Emmanuel Kennedy Ahorsu. • J ~, / C? (STUDENT) DATE: DATE: __I _1 --+1_ 1\- "-'+I_~__ l.: _:r--_ i I University of Ghana http://ugspace.ug.edu.gh DEDICATION I dedicate [his work to my unborn children; O/O[SII and As:>. " University of Ghana http://ugspace.ug.edu.gh LIST OF ACRONYMS AND ABBREVIATIONS AAD Ansar ai-Dine ABM Ansar Bayt al-Maqdis AlAI AI-Itihaad AI-Islamiya AMB A I-Mulathamun Battalion AMISOM African Union Mission to Somalia AML Anti-money laundering AQIM AI-Qa ' ida in the Islamic Maghreb ARF ASEAN Regiona l Forum ASEAN Association of South East As ian Nat ions AU African Union CAT Convention Against Torture CFT Combatting the financing of terrorism ECOWAS Economic Community of West African States EFCC Economic and Financial Crimes Commission FATF Financial Action Task Force FRC Financial Reporting Center GIA Armed Islamic Group GIABA Inter-Governmental Action Group against Money Laundering in West Africa GSPC Groupe salafiste pour la Predication et Ie Combat GTI Global Terrorism Index HSM Holy Spirit Movement ICCPR International Convention on Civi l and Pol itical Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICU Islamic Courts Union IGAD Inter-Governmental Authority on Development ISIS Islamic States in Iraq and Syria ISIL-SP Islamic State of Iraq and the Levant in the Sinai Province iv University of Ghana http://ugspace.ug.edu.gh LRA Lord's Resistance Army MJTF Mul tinational Joint Task Force MLF Maci na Liberation Front MNLA National Movement for the Liberation of Azawad MUJAO Movement for Oneness and Ji had in West Africa NFD Northern Frontier District NF IC Nigeri an Financia l Intelli gence Centre NGO Non-Governmental Organisations OAU Organ isation of African Unity POC Proceeds of Crime POTA The Prevention of Terror ism Act RD I Rend it ion Detent ion and Interrogation TPA Terrorism Prevention Act TJ Jam 'at a l-Tawhid wal-J ihad UDHR Universal Dec laration of Human Rights UN United Nat ions UIC Uni ted Is lamic Courts UK United Ki ngdom UNSC United Nations Security Cou ncil US United States WW II World War II v University of Ghana http://ugspace.ug.edu.gh TABLE OF CONTENTS Content Page DECLARATION . . . . . . . . . . . . . . . . . . . . . . . . .. ............. I DEDICATION .. . ... ..... .. .. ................................ ............................................................ ii ACKNOWLEDGEMENTS. . .. iii LIST OF ACRONYMS AND ABBREVIATIONS ....... iv TABLE OF CONTENTS .. ....... .... .v i ABSTRACT .. . ..... . ix CHAPTER ONE .. . . .. . .. . .. .. . .. .. . .. .. .. .. . I RESEARCH DESIGN ............. ........................................... . .. . .. .. . .. . .. .. .. . .. .. .. . .. I 1. 1 Background .. . .. . ..... .. ..... ..... I 1.2 Prob lem Statement.. ... ................ 9 1.3 Research Questio ns .. .................................................. .................... .... 10 1.4 Objecti ves: to; ........... .... .. .... . . ........ 11 1.5 Rationale of Study .. . ... .. .... .. ... ... . ...... 11 1.6 Sco pe of Study .... . . .... ..... .... .. • ...... 11 1.7 Hypothes is .. .. .... 12 1. 8 Theo retica l Framework .... ... .. ....... .................. ... .. . . .... 12 1.9 Li terature Rev iew ............ ...... . ...... 15 1.9.1 Terrori sm in Africa ......................................... . .. . ..................... 15 1.9.2 Dynami cs of Counter Terrorism in Africa .. . .. 17 1.9.3 The Hu man Rights Approach to Counter Terrorism in Africa .... 19 1. 10 Methodo logy ............ ........................... .. ......................................... ....................... . 20 1.11 Organisat ion of Chapters ... . ................. . ............................. ..... ..................... 20 Endnotes .. .................... .... .... .. ........ ... .. .... .... ... ... .. .. ........ 2 1 CHAPTER TWO ..... . ... ............... ....... ... .... ..... . ........ ... ...... ... .... .. 25 AN OVERVI EW OF TERRORISM AN D CO UNTER TERRORISM IN AFRICA ..... 25 2.0 Introduction .. ...................................... .......... ..... ... ... .. .................... 25 2.1 De fi n ition of Terrori sm . ........ 25 2.2 Causes of Terrorism in Africa .. .......... 27 2.2. 1 Reli gious Mi litancy in Africa ................... . .......... 27 vi University of Ghana http://ugspace.ug.edu.gh 2.3 Terrorist Groups in Africa .. . .. ........ . 29 2.3. 1 Terrori st Groups in West Afri ca ......... 30 2.3.2 Terrorist Groups in East Africa ............... 32 2.3.3 Terrori st Groups in Northern Afri ca ..................... . . ....... ..... ..... .... 33 2.4 Challenges of Managin g Terrorism ................. 35 2.5 Africa's Cha llenge .... ........ . .. .. 38 2.6 Counterterrorism Conventions .. ............. ....... .. . ... .4 1 2.6. 1 The United Nat ions Security Counci l Reso lution 1373 .................... . . ........ .4 1 2.6.2 The Afri can Uni on's Counterterrorism Instruments ... .42 2.7 Internationa l Human Rights Instruments ... ...... ...... ... . . .44 2.7. 1 The Universa l Declaration of Human Rights (UDHR) ............................................... .44 2 .7 .2 The International Covenant on C iv il and Political Rights (ICCPR)................... .. .45 2.7.3 The Intern at ional Covenant on Econom ic, Socia l and Cul tura l Rights (lCESCR) ...... 46 2.7.4 The Un ited Nations Convention Aga inst Torture And Other Cruel Inhumane And Degrading Treatments Or Puni shments ................................ .. ..................... .46 2.7.5 The International Convention fo r the Protection of All Persons From Enforced Disappearance .. . ............................ . ..... ..... .......... .. ........ .. . ... . . .. . . ........... ~ 2.7.6 The Declaration of the Elim ination of All Forms of Intolerance Based On Re ligion and Belief .................... . .. .............. ... .............................................................................. 47 2.7.7 Standard Mini mum Rul es for the Treatment of Prisoners .......... . . ......................... 47 2.7.8 The 1951 Convent ion Relat ing to the Status of Refugees .......... .48 2.7.9 The African Charter on Human and People's Rights (ACHPR) ................................ .49 2.8 Conclus ion ........................ .... . .. 50 Endnotes ..... .. ........... ............................. 52 CHAPTER THREE ........................... 57 COUNTER TERRORISM AND ETHICS IN COUNTERING TERRORISM IN AFRICA .. .. ...... 57 3.0 Introduction .. .. ...... 57 3. 1 The Case of N igeria . .. ........ 57 3.2 Counterterrorism Strateg ies N igeria Has Adopted .. 58 3.2.1 Terrorism (Prevent ion) Act (TPA) .. .. ....... 59 3.2.2 Countering the Financing of Terrori sm in Nigeri a ........................ . . ......... 60 3.3 Cri ti cisms of Nigeria's Strategies ...................... .. .. 61 vii University of Ghana http://ugspace.ug.edu.gh 3.4 The Case of Egypt.. ............. 64 3.5 Counterterrorism Strategies Adopted .......................... . . .................................. . .. 64 3.5.1 Egypt's Anti-Terrorism Law ...................................... 64 3.5.2 Countering the Financ ing of Terrorism in Egypt.. ............. 67 3.6 Critic isms of Egypt's Strategies ................................. .. .. .. 68 3.7 The Case of Kenya ........................................................ .. . ................. 71 3.8 Co unterterrorism Strategies Adopted .. .. ........... 71 3.8. 1 The Prevention of Terrorism Act (POTA) 2012 .... 71 3.8.2 Countering the Financing of Terrorism in Kenya ............ 73 3.9 Cri ti c isms Of Kenya's Strategies ........................ . ................... .. .. .. 74 3. 10 Proposed Measures to Guarantee Human Rights ..................... .. ......... 77 Endnotes .. .... ... ..................... 79 CHAPTER FOUR .. .. .............. 82 SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS ............. 82 4.0 Introduction.. ..82 4. 1 Find ings of the Study ..................... 82 4.2 Conclusion. .......... 84 4.3 Recommendations .. .. .......... 84 BIBLIOGRAPHy ................................. ..... ............. . .. .......... .. ........... 86 vii i University of Ghana http://ugspace.ug.edu.gh ABSTRACT The terrori sm canker is not a recent phenomenon in the international world, although it has gained much popu larity after the events of II th September, 2001. For many years, acts of terrorism in di verse forms have ki lled and endangered the lives of many people, jeopardizing fundamental freedoms and seriously impairing the dignity of human beings. Terrorist acts are unconventional in nature and this makes it very chall enging for states to devise legitimate and effective means of responding to terrorist attacks. The study examines the prob lem of countering terrorism and in such a manner that the aims of terrorists are not promoted and anti- terror laws are not used as a fa,ade to pursue idiosyncratic confl icts, ethnocentrism and adm inister political abuses. The work inquires how counterterrorism can be pursued and at the same time human rights safeguarded in Afri ca. The stud y employs a qualitative method in the gathering of data . Information was obtained from books, journal articles and internet sources. Findings of the study elucidate the violation of human rights by Kenya, Egypt and Nigeria in their counterterrorism measures. The measures critiqued included their counterterro rism laws, anti-Money Laundering! Countering the Financing of Terrorism strategies , and the actual measures adopted on the ground in countering terrorism. Various Human rights instruments were used to juxtapose the counterterrorism measures adopted by the various countries to ascertain the extent to whioh their measures res pect or vio late Human Rights. Some recommendations suggested are that the Afri can Unio n should create an oversight Commission that will review counterterrorism laws ado pted by states and ensu re that they com pl y with human ri ghts regul ati ons. A lso, an African Court of Appea l shou ld be adopted for victims of counterterrorism-human right abuses to seek reparation for the violation of their rights. ix University of Ghana http://ugspace.ug.edu.gh CHAPTER ONE RESEARCH DESIGN 1.1 Background The terrorism canker is not a recent phenomenon in the internati onal world, although it has gained much popu larity after the events of 11 th September, 2001. For many years, acts of terrorism in di verse forms have killed and endangered the li ves of many people, j eo pardiz ing fundamental freedo ms and serious ly impairing the dignity of human beings. Terror ist acts are unconventional in nature and thi s makes it very chall engi ng for states to devise legitimate and effective means of responding to terrorist attacks. The main goal of terrorists is to achieve a specific political aim in accordance w ith their ideology. Often , they aim at effecting radical change and imposing fear through all possible means, even if it means sacrifici ng human lives. To achieve their goal, they commit mass murder, demoralize governments, inst il fear and panic amongst the popu lace, destabilize states and render them un governable. Their aim is bordered largely on creating instability, insecurity, undermining normati ve post-co ld wa r gains in gender equality, civi l liberties and human rights. Schorlemer reiterates this fact in stating that terrorist acts violate people ' s hum an rights .' His view is confinned by the Vienna Dec laration and Programme of Acti on of June 1993, which states that all acts of terrorism destroy human rights and downplay democracy2 Terrorist acts violate human rights and are so far-reaching that they affect every s ingle human right;) the right to life. di gnity, security, freedom of movement just to mention a few. In fact, the European Parliament restated that 'terrori sm is a vio lat ion of human rights" and the OAU Convention on the Prevention and Combatting of Terrorism affirms this assertion in its preamble in which it states that terrori sm constitutes a serious violation of human rights and, University of Ghana http://ugspace.ug.edu.gh in part icu lar, the rights to physical integrity, life, freedom and securi ty, and impedes socio- economic develo pment through destab iliza ti on o f states .' Gi ven the advances in mass media currentl y, te rroris ts sometimes announce their im pend ing attacks a lthough not necessari ly stating the exact locati on where they will strike. Their unannounced activities are however shrouded in secrecy and there is li tt le concrete info rmation on the ir exact location6 This makes it very difficult for states to trace the ir routes and make predictions on their next strike in order to counterattack. Terrorists ' methods of fi ghting are not stra ight-j acketed . They are usually fluid ; a mixture of Conventional and unconventional techniques a re applied in their fi ghting. For instance Boko Haram militants have recently engaged in gun battles with the N igerian milita ry whereas there have been instances where they struck villages warnin g. Terrorists do not obey the rules of engagement in war or armed confl icts and this makes it ineffi c ient , as well as diffi cult to pursue them through ordinary criminal processes. 7 In fact, Warbrick be li eves that states are of the view that their laws are procedural, de li cate and slow, respecting the rights o f a ll persons. Accordingly, these laws are not strong or effecti ve enough to deal w ith issues as grave as terrori sm.s Considering the unconventional nature of terrorist acti ons, counterterror meas ures sometimes take unconventional fo nms. which could lead to the infringement of certa in c ivilian liberties. In the absence o f a uni versa lly accepted normati ve structure in dealing with terrorists, states resQI1 to all sorts of means in the naming and interrogat ion of te rror suspects 9 In more advanced democracies such as the Great Brita in and United States where the ru le of law and protection o f human rights is sacrosanct, the fi ght against terrori sm has equally been 2 University of Ghana http://ugspace.ug.edu.gh tedi ous. States have had to resort to the use of crude means to derive informati on in order to fight terrorism. There have been allegations levell ed aga inst the US for th e use of torture in countering terrorism. In a report, the horrors of torturous act ivities adminis tered by Ameri can soldiers to Iraqi detainees were brought to bear. 10 The report, by Major Taguba showed photos and videos to back the a llegations of the use of torture by American so ldiers on Iraq i detai nees in the Abu Ghraib Pri so n. In the report, there were photos of naked detainees forced to assume humili at ing posses with American so ldiers smi ling into the camera and giv ing the thu mbs-up sign. 11 In one photo, an American so ldier had posed bes ide a hooded Iraq i detainee who was masturbating. In the photo, Pri vate England had given the thumbs-u p sign and was poi nting at the genitals of the detainee . In another photo, a group of naked detainees were awkward ly piled on top of each other in a pyramid form w ith ('wo American so ldi ers posing their signature thumbs-up sign beside them. 12 Photos of dead men also emerged in the report. One was of a badly beaten prisoner, and another, a vis ibly bruised body of another prisoner packed in ice. There was also another ph oto of so ldi ers threatening a naked detainee with a dog. 13 In the report, a w itness testified that once, a so ldier punched a detainee so hard in the chest that he almost had a heart attack. Another witness also recounted that a detainee was once brought in for interrogation and was stressed so badl y that he died in the process and his body was put on ice and later put on a stretcher with a fake intravenous substance anached to his arm and whee led away. The US is signatory to a number of Conventions that are against the use of torture of any form . Conventi ons such the UN Convention Aga inst Torture, the Uni versa l Declaration on Human Rights (UDHR), the International Convention on Civil and Politica l Ri ghts ( ICCPR) and the Fourth Geneva Convention. I. The US has also denounced the use of torture on vari ous platforms." Methods of persuasion such as the use of torture are therefore illegal in the U.S. 16 University of Ghana http://ugspace.ug.edu.gh So in order to perpetrate such acts, suspects are sent to lega l black holes such as the Guantanamo Bay prison." These lega l black holes could be states where there are no laws banning the use of torture or states known to use torture. Great Britain has been an obv ious a lly of the U.S in the "war on terror". Britain, just li ke its all y has also been accused of directl y and indirectly engaging in the use of torture in the interrogation of terrorist suspects. Great Britain partnered w ith the Crim inal Investigation Agency of the US in the Rendition, Detention and Interrogation (ROT) programme. The programme enables pri soners to be rendered to states and held in secret prisons for months and somet imes years without tria l. Detai ls of this programme was published in December 20 14 with ev idence poi nting to the use of torture such as sleep depri vation, sexua l assault and water- boarding techni ques. In a declass ified document made availabl e to the Human Rights Watch, Britain was impli cated in a case of rendi tion. In the document, Britain is mentioned to have given approval for the rendit ion of a suspect to a state where the suspect stands the risk of torture. IS The case. Abu Mudhi r and his family including his w ife and four children were rendered to Libya from Hong Kong. He was detai ned and subj ected to beatings and electric shocks. 19 For states such as the U.S and the U.K who denounce the use of torture to resort to crude means to obtain information to cou nter terrorism, it shows how co mpli cated and tedious the task of effect ive counter terrorism could be . In many countri es including the U.K and the U.S, covert invest igations are conducted in the form of tapping into phone ca lls of suspects, hacking into their internet accou nts and using other means that are invasive of people's privac) .'o In their bid to combat terrori sm. states 4 University of Ghana http://ugspace.ug.edu.gh have, therefore, been co mpelled to overlook the statutes of Human Rights ear li er enshri ned. This, therefore, begs the question and place of ethi cs in fi ghting terrorism. Considering the secrecy with which terrorists operate, it has become necessary for more advanced democracies even with more sophisticated intelligence-gathering equipment to adopt certa in ill egal means to deri ve information to counterterrorism. The adoption OfSllCh draconi an strategies by African states is therefo re not surprising. It must however be used w ith all caution. The case of Africa is a rather complicated one in the annals of counterterrorism. Unfortunately, the continent consists of various stru cturall y weak states with hardly enough sophisticated materi als to effectively counter terrorism. In addition, Afri ca has had a history of violent ethnic and civi l confl icts acco mpanied with various degrees of human rights abuses. The apartheid rul e in South Afri ca; authoritarian ru le in Uganda; the Civil wars in Burundi, Sierra Leone and Liberia; and the Genoc ide of Rwanda drew the continent backwards in the race of upholding human rights." Not wanting to return to the dark age of abuse of human rights, the fighting of terrorism in Africa has taken an arduous turn . Although it has become necessary that certai n civil liberties are limited in order to effectively co linter terrorism, there is a limit wi thin whi ch states on the African continent can extend this necess ity in order not to topple the fragile human rights situation on the co ntinent. Like any other state across the g lobe, a nllmber of countries in Afri ca have equall y suffered attacks by terrorist groups. Here is a trajectory of some terrori st attacks in Africa s ince 1998: University of Ghana http://ugspace.ug.edu.gh YEAR TERRORIST ATTACK 1989 On 7 August 1998, a truck bomb exploded outside the U.S. embassy in Nairobi. The blast destroyed an adjo ining office building with little damage to the actual embassy. It claimed 254 lives and injured approximately 5,000. A s imi lar attack was launched a the U.S. embassy in Dar es Salaam in Tanzania.22 2002 T he bombing ofa Synagogue in Ghriba-Tunisia killed 20 people." Mombassa attacks on Israe li owned hotel and aeroplane in Kenya kills leaves 16 dead." 2004 Three bomb attacks on tourist restaurants in the Sinai Peninsula in Egypt kills 34 people" 2005 Bomb attack on Sharm el-Sheikh resort City kills 64 people in Egypt." 2006 3 bomb attacks on the resort city of Dahab in Egypt kills 23 people." 2007 Zirve Publishing House Massacre kills 3 workers at the publishing house in Egypl." 2010 The massacre of Coptic Christians in Nag Hammadi- Egypt left II dead." Kampa la attack on a crowd watching the final match oflhe 20 10 FIFA World Cup in Uganda." 201 1 Bomb attack aimed a. Coptic Christ ians in Alexandria kill s 23 people in Egypt. 31 Bombing of Transitional Federal Government Ministerial Complex in Mogadishu-Somalia leaves 100 dead ." Christmas day attacks on 3 Churches in Nigeria leaves 41 dead." 2012 Attack on U.S. Consu late in Benghazi-Libya leaves 4 dead." 2013 Hostage taking of ex pats in Amenas-Algeria leaves 68 deadY Attack on mi litary base and French owned Uranium mine in Niger kills 26 peopie. 36 Kenya Westgate Mall attack kills 67 people." A Co llege of Agriculture in Nigeria's town ofGujba leaves 50 dead.38 2014 Massacre of villagers in Konduga-Nigeria kills 121 people.J9 AU base in Mogadishu-Somalia attacked by suicide bombers killing 9 people" An attack on Mbaljuel village in Cameroon leaves 30 dead .~' 2015 A refugee camp for people fleeing Bako Haram was attacked leaving 2 dead:12 6 University of Ghana http://ugspace.ug.edu.gh Mi nistry of Higher Education in Somalia attacked, leaving 17 people dead" In April, a UN van was bombed in Puntland region-Somalia leaving 9 people dead." In June, the AM ISOM base in Somalia was attacked leaving more than 30 dead's Garissa University attack in Kenya leaves 145 people dead.46 Cameroon suici de attack kills 13 in a bar including a Chadian soldier" Ankara-Turkey bombings killing at least 95 people's An attack on a Russianjet bound for St. Petersburg kills 224 people." Mali's MINUSMA peace-keepi ng force base attacked, killing 3 people.so 2016 Truck bombings in al-Jah fa l Police training camp in Libya leaves more than 50 people dead. " An attack on AU Kenyan Army base in EI -Adde-Somalia kills more than 63 people." Attack on restaurant and hotel in Ouagadougou-Burkina Faso kills more than 20 people." Grand-Bassam hotel shootings in La Cote d' ivoire kills 18 people." An attack on a chu rch in Cai ro-Egypt kills 36 people." 20 17 The Islamic State terrorist group claimed responsibi li ty for an attack on a bus outside of Cairo Egypt that ki ll ed at least 29 Coptic Christians includi ng 10 children on Friday, May 26 2017. " T he above mentioned exa mples do not cover all the attacks on African co untries by terrorists. Many African countries continue to face attacks by terrorist groups such as Boko haram, A I- Shabaab, Is lami c State in Libya, A I-Qa ' ida in the Is lam ic Maghreb (AQ IM), and other groups affiliated to A I-Qa ' ida and IS IS. The act iv ities of these groups in Afri ca are cri ppling the hard fought-for, post-colonial human rights records. To this effect, so me African countries have enacted anti-terrori sm laws to help tackle the s ituation. A lso, regional organisations such as the A frican Union have come up w ith frameworks for counteri ng terrorism. As earli er mentioned, countering terrorism is a tricky issue and it is difficult for states to find infomlation useful for effective counterterror strategies. It is for thi s reason that states with 7 University of Ghana http://ugspace.ug.edu.gh more advanced democracies have had to resort to the use of crude means such as torture to extract information from suspected terrorists to help counter terrorism. It is therefore not surpris ing that states in Africa have also resorted to the use of questionable measures to counter terrori sm . There have been many criti cisms of counterterror measures in Afri ca by international lawyers and civi l society groups. The reason for the sharp cri ticisms on counterterror measures is due to reports on incidences of summary executions and random arresting and detaining of terror suspects in Africa. In Kenya for instance, secti ons of the Prevention of Terrorism Act enacted in 20 12 was amended in 2015 and th is attracted a lot of outcry. Sections of the Act that were amended had tendencies of restricting the freedom the press enjoyed and gave the state powers to detain terror suspects fo r up to a year when hitherto, the maximum was for 90 days. Kenya 's counterterror measures are of great co ncern indeed fo r good reasons. The state has had a long standing antagoni sm with Somalia.57 In Kenya's Northern Frontier Distr ict (NFD) ex ists a large Somal i-speaking popu lace and after independence in 1960, the leaders of the newly independent Somal ia ca ll ed for the reunification of all Somali -speaking people and indeed the people themselves looked forward to it58 Th is, Kenya saw as a threat to its territorial integri ty as the NFD accommodates a large population of Somalis. In the end, riots broke out and there has si nce been a long standing bad blood between Somal ia and Kenya59 Human Rights activists are therefore concerned that Kenya 's counterterrorism laws would be used as a fa,ade to target and prosecute Somalis living in the NFD region of the country. Egypt' s anti-terror law and cou nterterror strategies have also been criticised for the ir ro le in the violation of human rights. Concerns have been raised with regards to Security force abuses, University of Ghana http://ugspace.ug.edu.gh restrictions on freedoms of assemb ly, express ion, re ligion, associat ion, v iol ation and di scriminati on aga inst women) etc.60 N igeria's Terroris m (Preventi on) Act has also come under scrutiny for givi ng powers to secu rity forces to brutali se citizens and suspected terroris ts61 Also, the security fo rces have been accused of vio lating fund amental human rights in the name of counterterrorism strategies62 The African counter terrorism prob lem remains; how can counter terrorism be carried out so that the ga ins made in hum an ri ghts in Afri ca are not ro lled back? This is of much concern especia ll y co nsi dering the faot that the conti nent has experienced vari ous degrees of human Ri ghts abuses w ith impunity. T hese abuses occurred largely during civil wars, under authoritarian leadership and genocide. There is no disputing the necess ity in taking exceptional measures to ensure public safety and effecti vely co unte r terror ism.63 However, this needs to be done within the limits of Internatio na l Law and Fundamenta l Human Rights and freedoms shou ld not be sacrifi ced. For Africa, the concern with states' countertelTor approaches is their ability to do so and still safeguard the ri ghts of the peo ple within the ir territory. 1.2 Problem Statement The campaign agai nst terrorism has resulted in various vio lat ions of human rights g loba lly and African States are no exception. The effecti veness of co unterterrorism measures borders large ly on extensive intelligence gathering. The means of gathering such inte ll igence risks rolling back so me gains made in protecting c ivil liberti es and human ri ghts across Afri ca. 9 University of Ghana http://ugspace.ug.edu.gh In Afri ca, there is a genuine concern that if necessary measures are not taken to ensure that counterterror strategies are in line with Internati onal Human Rights obligations, the continent co uld likely go back to its brutish post-co lonial days of civ il war and genocide64 during whioh the abuse of human ri ghts was prevalent. Afrioa 's history with ethni o confli ots and civi l wars gives ri se for the legitimate concerns raised about counterterrorism measures adopted by some governments with tendenoies capable of clawi ng baok advances made in human rights. States are legall y obligated to proteot the human rights of their inhabitants even in their counter- terrori st methods. Thi s is not onl y a legal requ irement but also a necessity for the suocessful fi ght against terrorism. By resortin g to crude methods in counterterrorism, states abuse the very ri ghts they aim to prevent terrorism from abusing6s In the end, they do exactly what they are fi ghting against . A state ' s repression and human rights abuse of its pop ulace cou ld likely backfire and create more acts of terrorism instead of preventing it. Nigeria is reported to be facing this consequence for the violations of hu man ri ghts in Northern Nigeria which resul ted in the extraj udi cial killing of the founder of Boko Haram 66 The group of people "desiring vengeance" have later become the terrorist group known as Bako Haram.67 This dissertation examines the prob lem of co untering terrorism and in such a manner that the aims of terrori sts are not promoted and ant i-terror laws are not used as a favade to prosecute idiosyncratic confli cts, ethnocentrism and adm inister po lit ica l abuses. The work inquires how counterterrorism can be pursued and at the same time human rights safeguarded in Africa. 1.3 Research Questions What are the causes and explanations for the presence of terrorism in Afri ca? What are the guiding princi ples for fi ghting terrorism? 10 University of Ghana http://ugspace.ug.edu.gh What are the ethics in co unter terrorism? 1.4 Objectives: to ; Examine the spectre and dynamics of terrorism in Africa; Exam ine the dynamics of counterterrorism in Africa. Examine the ethi cs and human rights counterterrorism approach in Afri ca; Offer suggesti ons and poss ible so lutions to the chall enges. 1.5 Rationale of Study After the terrorist attack on the U.S in 9/ 11 , there has been emerging li terature pertaining to counter terrorist measures to fi ght terrorism. This research is very timely in the fight against terrorism in Africa. Afri cans, havi ng suffered various human rights abuses in the past have redefined sovere ignty in the protection of hum an rights and upho lding of democratic va lues in Africa. The resea rch wi ll contribute to literature advocati ng for the protection of Human Rights generall y and specifica ll y relat ing to measures in counterterrorism. 1.6 Scope of Study This research focuses on counterterrorism in Africa since the emergence of Boko Haram in 2009. Despite the Africa n cont inent recording terrorist activities befo re the year 2009, it was with the emergence of Boko Harram that many Afri can state were awakened to the gravity of terrorist acts which subsequently informed their counterterrorism strategies and laws. The study will examine in particular, the cases of Egypt, Nigeria and Kenya. These are three of the states that have had persistent demonstrable chall enges with terrorism within the past decade. II University of Ghana http://ugspace.ug.edu.gh 1.7 Hypothesis Adopted counterterrorism measures by African states are likely to pose a threat to the de li cate human rights s ituation on the continent. 1.8 Theoretical Framework For the purposes of the research, the concept of Human Rights is adopted to explain the relevance of ethi cs in countering terrorism. The modern idea of human rights evo lved after the end of the Second World War. Hitherto, states were at liberty to treat their citizens as they chose. However in the wake of World War II (WW II), the world was appa lled and outraged after it got a glimpse of the atrocities that befell both Germans and other foreign nat ionals in the hands of the Nazi regime. The Nazi regi me had committed grave vio lations of human rights, especiall y on Jews in Germany and this prompted the need for interference in state matters on issues of human ri ghts. Ca lls for uni versa l International standards for the promotion of human rights and the protecti on of humans across the globe led to the creation of the United Nations Com miss ion for Human Rights. The Comm ission was set up for the promotion of human rights. It a lso set up a committee chaired by Eleanor Roosevelt, the then first lady of the United States of America which was tasked with deve loping a set of human rights standards. There were some deliberations on whether the instrument should be legall y binding on all states or should be a moral obligat ion. Finally, on lOth December. 1948, the Un iversal Declaration of Human Ri ghts (U DHR) was adopted by the UN General Assem bl y with the status of a moral declaration. Later, it would become binding on a ll states to uphold the statutes of the UD HR. The UDHR became known as the document defining human dignity and va lues and became a yardstick by which standards of internat ional human rights were measured 68 For more than 25 years, the UDHR stood as an international "standard of achi evement for all peop les and all nations" and the basis for all forms of human rights69 The Declaration consists of a preamble 12 University of Ghana http://ugspace.ug.edu.gh and 30 Art icles, mapping o ut vario us human rights and fu ndamenta l freedoms that a ll persons are entitl ed to w ithout discrim ination7 0 Si nce the adoption of the UDHR in 1948, two major Internationa l Conventions have been adopted to buttress the UD HR. These are the Inte rnat ional Covenant on C ivi l and Political Rights (l CCPR) and the Internationa l Covenant on Economi c, Socia l and Cu ltural Rights (lCESCR). Both Conventions were adopted in 1966 and many supervisory mechanisms have been c reated to monitor and ensure that states are complying with these Conventions. T he ICC PR entered into force on 23,d March 1976. It is a legally binding treaty fo r the protection of civ il and po litica l rights of a ll persons everywhere. The ICCPR protects the right to life while denouncing the subjection of persons to cruel, inhumane degrading treatments/ punishm ents or torture and arbitrary arrests or detention. The ICESCR was however entered into force in 1973. The ICESCR is enshrined with Social and econom ic rights such as obl igations to provide health, adequate housing, educat ion, the right to enjoy just and favourable conditions of work, and the ri ght to an adequate standard of livi ng71 Co llect ively, the UD HR, the ICCPR and the ICESC R spell out a ho listic hum an ri ghts ob ligation making up the Internat ional Human Rights Bi ll. The Bi ll serves as a so urce of reference fo r states in mak ing anti -terrorism laws to rule out any possible violation of Human Rights. Stemmi ng from the above Conventio ns, the conce pt of human rights has been further espo used by the UN part icularly in situations where human right violations are likely to dominate without recourse to the law. A lthough the uses of torture had been banned by the aforementioned Conventions, reports of torture 'were noted by numerous states am idst the various rising polit ical tensions within the states. Thi s therefore informed an independent dec larat ion on 13 University of Ghana http://ugspace.ug.edu.gh torture whi ch later translated into the Convention agai nst Torture and Other Cruel Inhumane and Degrading Treatments o r Pun ishments (General Assemb ly Reso luti on 39/46). The prohibition of torture is the guaranteeing of the right to physical and mental integrity.72 This is the main instrument used by the UN to combat torture and to prevent and eradicate v io lations of human rights both in peace and war times." States who are party to the convention are obli gated to ensure that torture is a puni shable offence under their domestic laws. Also, the principle of uni versal jurisdiction is appl ied on torture offenses. 74 Simi larly, in furth er espous ing the concept of Human Rights, numerous conventions have been developed by the UN and include the follow ing; Declarati on on the Human Right of lndiv idua ls Who Are Not Nationa l of Country in Whi ch They Li ve; Standard Minimum Ru les for Treatment of Pri soners; Dec laration of Elim ination of All Forms of Intolerance Based on Reli gion and Be li ef; International Convention fo r the Protection of a ll Persons from Enforced Disappearance. All these prescribe rul es on how persons with varying political statuses should have thei r dignity protected as humans regardless. Finally the Africa n Charter on Human and Peoples ' Rights wi ll a lso be considered for the purposes of ethics in counterterrorism. The charter entered into force on 2 151 October 1986. The Charter was estab lished for the protection of human rights. Member states who are party to the Charter pledge to fight towards the erad ication of a ll forms of co loni al ism on the African content, fight against all forms of di scrimination and to upho ld social, cultura l, civ il and politica l ri ghts of the African people J5 Cons idering the vari ous Human Rights Convent ions enumerated above, it is obvious that the concept of Human Rights is relevant for to study. The Internationa l Human Rights Bil l together 14 University of Ghana http://ugspace.ug.edu.gh with the aforementioned Conventions prov ide the fra mework to measure the human rights dimension of states' co unterterrorism measures. Co llectively, they give a criteria fo r measuring states' responsibility to protect, respect and fulfi l the human ri ghts obli gatio ns of their citizens even in counteri ng terrorism. They address both measures of countering and preventing terrorism. Studies have shown that structural weaknesses such as corruption have caused some people to join terrori st groups. These weakn esses arose out of the negligence of human ri ghts such as the ri ght to adequate standard ofli ving (lCESCR art icle 11) whi ch leads to insurgences. It is for thi s reason that the concept of Human Rights is suitab le fo r the research work. 1.9 Literatu re Review This section explores ex isting literature and academic work in relat ion to the objectives of the study. \.9.1 Terrorism in Africa Discourses on terrorism in Africa have often been preceded by the recogni t ion of the impacts of 9/ I I on the security landscape of the continent. Numerous authors have therefore offered varying acco unts of terrori sm in Afri ca prior to the landmark event of 9/1 1. In her boo k 'Securing Africa: Post 9/ 11 di scourses on terrorism', Mali nda Smith offers a rather in-depth genea logy of Terrorism in Africa. 76 Viewing terrorism as an ideology of fear and socio-po lit ical weapons, she recounts the genea logy in three (3) phases; Afro-oriental, Afro-occidental and Afro-global. The Afro-oriental phase marks the traceabl e roots of terrorism in the 121h century where Africans served in slavery under dehumaniz ing conditi ons to the Arabs. Simi larly, the Afro-occ idental phase was marked by the period of slavery withi n the 20lh century. Foll owing the co lonization of sections of the co ntinent by the Europeans, the Afro-globa l phase was 15 University of Ghana http://ugspace.ug.edu.gh in itiated within the colonies. The reported inhumane treatm ent by the Europeans, according to the author spewed terror w ithin states77 The terrorist si tuati on in Africa is not only active but deadly as well with many states recordi ng terrorist acts. T here are more states that have been attacked by terrorists than those that have not. In his speech at the meeting of Ministers of Justice and Intergovernmental Authority on Development Member States on Lega l Cooperation Against Terrorism, Attall a Bashir, the then Executive Secretary of the Intergovernmental Authori ty on Development (IGAD) made the assert ion that of all the reg ions in Sub-Saharan Afri ca, East Africa was the region most vulnerable to terrori st act iviti es. He backed this assertion by stating that nearly a ll the countries in East Africa have been hit by one act of terror or another. ?8 This cou ld be attributed to the presence of Western tourists in East Africa as the region is a ripe tourist destination. Shuaibu & Salleh conducted a stud y on the historical evolution of Boko Haram, focusing on the causes of and so lutions to the Boko haram terror ist menace. Their study was a systematic rev iew of literatu re and they found out that poverty was the major driving force of terrorism as it resulted in unempl oyment and high illi teracy rates, and these, they concluded are direct causes of the insurgence of Boko Haram 79 Krueger & Maleckova on the other hand believe that the perception that poverty is a driving fo rce of terrorists is a misconception. Their research fo und out that terrorists tend to be more high ly educated and fro m wealthier families than the average popu iation 8 0 Their study focused on the Middle East and Shuaibu & Salleh 's study on the other hand focused on West Africa, therefore it can be deduced that the driving force for terrorists varies across geographies. On the other hand, studies by David Shinn establ ish a linkage between poverty and terrorism in Africa. sl While acknowledging that poverty cannot be the cause of terrorism in Africa, the study posits that poverty creates conducive 16 University of Ghana http://ugspace.ug.edu.gh envi ronments for the initi ation and perpetrat ion of acts of terrori sm. Poverty ther"fore has the propensity to alter the viability of terrorist acts within the sub-Sahara. Krueger & Ma leckova's study on Education, Poverty, and Terrorism sought to find out if there is a causal connection between the three va ri ab les. Their study confirmed their core postu lat ion that terrori sts tend to be better ed ucated and from richer backgrounds than people perceive them to be. They fo und that Palestinian suicide bombers were less likely to come from penurious famili es and more li kely to have com pleted high school and attended co llege. After conducting the ir study, they also found that poverty was inverse ly correlated with the probabil ity ofa person becoming a member of the terrorist organization called Hezbo llah, and education was positively correlated with a person becomin g a Hezbo ll ah mem ber. This suggested that wealthi er, more educated people were more likely to join this particular terrorist organization than peo ple who were less educated and less wealthy8 2 \.9.2 Dynamics of Counter Terrorism in Africa Scholars have different views on the callses of terrorism and this translates into the recommendations they suggest to counter terrorism. Shuaibu & Sall eh cited that the mis interpretat ions abo llt certa in re li gions is a major cause of the present activiti es of Boko Haram and suggested the erad ication of poverty, increment of schoo l enro lment in northern Nigeria and beefing up the security of the po lice as recommendat ions to cou nter terrorism in Nigeria. This conclus ion was drawn based on th e comparison of literacy levels in northern Nigeria which is the home of Boko Haram and other parts of N igeria. When both regions were compared, it was found out that Northern N igeria had lower schoo l enrolment, high levels of poverty and low security compared to other regions in Nigeria. In a related article on counter terrorism in A fri ca. Mohochi's article on preventive counter terrorism in a case study of Kenya, 17 University of Ghana http://ugspace.ug.edu.gh examines and ana lyses amongst others, the systematic counter-terrorism actions, as well as human rights concerns, and the lack of a clear effecti ve counter-terrorism law in Kenya83 Mohochi argues that counterterrorism measures carried out in Kenya, including arbitrary arrests and extralegal operations such as rendition and torture, usuall y targets the North Eastern province of Kenya, an area predominantl y inhabited by Muslim Arab-Swahili communiti es. This has raised concerns about r(lligious discrimination in counter terrorism in Kenya84 It is worthy to note that Northern N igeri a is predominantly Muslim populated and therefore concerns raised about discrimination in Kenya's counter terror approach cou ld be raised for N igeria'S economic ri ghts approach. This assertion can be made based on facts that Northern Nigeria is greatly marginalized and does not enjoy the economic wea lth that oth er parts of the country enjoys. It can be concluded that any form of discrimination poses a threat as it could either lead to radicali sm and eventuall y terrorism, or it could be a hindrance to effective counterterro rism. Patri ck Kimunguyi also conducted a research on Terrorism and Counter terrorism in East Africa with the aim of exam ining the efforts by regional and external acto rs to counter terrorism in East Africa. s; His work provides an overview of the apparent vulnerability of the region to terrorist related activit ies and the weak ca pacities of countries to respo nd to the increasing threat. His paper argues that al though significant progress is bei ng made to deve lop coherent counterterrorism approaches in East Africa . many challenges rema in .86 These include extreme intra and inter-state conflicts, increasin g Islamic radi calization , lack of state capacity, competing national priorities. and the politicization of counterterrorism. He also admits that counterterror efforts have focused on short-term security and law enforcement efforts, which in his view, negativel y atTect longer-term measures to tackle the primary condi tions that encourage the spread ofterrorism 87 18 University of Ghana http://ugspace.ug.edu.gh 1.9.3 The Human Rights Approach to Counter Terrorism in Africa Article 2 of the African Charter on Human and People's Rights states that all persons have the right to enj oy the rights and freedoms recognized and guaranteed in the Charter "without di stinotion of any k ind such as race, ethni c group, co lor, sex, language, religion, polit ica l or any other opinion, nationa l and social origin, fortune, birth or other status" and all member states are s ignatory to and have ratified this charter. However, many African countries, though party to the Charter, do not uphold the human rights ofterrorism suspects or the ordinary citizen in the measures they adopt towards counterterrorism. For instance, Kenya's counter terro rism measures have been keenl y criti c ized as discriminatory and an infrin gement on human rights.88 The country's Bill on the Suppression of Terrorism introduced in 2003 was oriticized by Atta- Asamoah as d iscriminatory against the Mus lim community. He remarks that the Bill makes it an offense for a person to use certain items or dress in a certa in way, a way attri buted to the Is lami c culture89 Nzamba Kitonga outlines the ills of the bill in his analysis of the counterterrorism strategies in Kenya. He posits that the bi ll is a fu nd amental threat to persona l liberties and human rights whi le affording state agents room to further abuse the citizenry. Further, he identifies the re ligious biases of the bill against the Is lamic populati on as the bill seeks to target indi v idua ls by reasons of choice of clothing including an ordinary suit or a " kanz ul ,,9o The argument is that Kenya 's counterterrorism measures has the potential to affect everyone's hum an ri ghts. Mohochi 's research on counter terrorism in Kenya also sought to examine and analyze among others, the human rights concerns in Kenya's counter terrori sm measures and he argues that "the continued 'backdoor ' imp lementation of co unter-terrorism actions witho ut an effective piece of cou nter-terrorism legis lation, acts as a catalyst for impunity and violatio n of human rights.,,91 The "backdoor" implementation strategy is explained by Repri eve and Redress in their report on 'Kenya and Counter-terrorism; a time for change,' as the use of unapproved means in countering terrorism in the absence of an approved 19 University of Ghana http://ugspace.ug.edu.gh counterterror measure92 Unapproved measures such as mass arbitrary detentions and renditions93 Most researches on co unterterrorism approach the issue fro m the "suspected terrorist" view. They often focus on measures and its impacts on arrested terror suspects and some also foc us on how the measures affect the ordinary cit izen who is not suspected of any terrorist activity and how it affects his/her daily life. The impos it ion of restrictions on various aspects of everyday life and the invas ion of people's privacy in the name of counter terrorism affects the da il y life of the ordi nary citizens. 1.10 Methodology The research design for this study will be qualitative where secondary sources of data will be consul ted. Documents co ll ected from the li braries of various re levant insti tutions will be tho roughly rev iewed to make up secondary data. In formation will be retrieved from Books, Journal Articles and internet sources. Other printed and e lectronic materials such as poli cy papers, press releases, news art ic les, commu niques and other second ary sourced documents will be used for the study. 1.1 1 Orga nisation of Chapters The study will comprise the followin g chapters CHAPTER I Research Des ign CHAPTER 2 Overview of Terrorism and Counterterro rism in Africa. CHAPTER 3 Counterterrorism and Ethics in Co untering Terrorism in Africa CHAPTER 4 Summary of Findings, Recommendations and Conclusion. 20 University of Ghana http://ugspace.ug.edu.gh Endnotes I Schorlemer (2003). " Human Rights : Substantive and Institutional Implications of the War against Terrorism," EJIL Vol. 14, p. 269. 2 Vienna Declaration and Programme of Action of June 1993, para. 17. J Progress Report prepared by Ms. K. Koufa, Special Rapporteur, UN Doc. ElCNAISub .21200 1/3 1,27 June 200 I, p. 102. 4 European Parliament. Resolution A5-0050/2000 of1 6 J\I/arch 2000, European Parliament Resolution on Respect for Human Rights in the European Union, 1998-1 999, p. 41. 5 OAU 1999 Convention on Preventing and Combatting Terrorism, p. 206 6 Sau lawa, M., and Babagana K., "TERRORl SM IN NIGERl A: AN OVERVIEW OF TERRORlSM (PREVENTION), ACT 20 13 , AMENDED," International Journal a/Business, Economics and Law, Vol. 8, Issue 4 (Dec.) 20 IS, available at htlp :llijbeLcorn/wD-contentiuploadsI20 I 6/0 I/Law-3.pdf 7 Warbrick c., ''The European response to terrorism in an age of human ri ghts," European Journal a/international Law, Vol. 15, No.5, 2004, p. 989-10 18. S Ibid. 9 Hoffman, P., "Human rights and terrorism," Human Rights Quarterly, Vol. 26, No. 4, 2004, p. 936. 10 Hersh, S. M., "Torture at Abu Ghraib," 2004. Avai lable at http://www. nevf\lorker.com/maoazineI2004/05/ 17/chain-of-command-2 II Ibid . 12 Ibid. 13 Abu Ghraib Torture; Photos. Availab le at hrtps:llwww.goog le.com.gh/search?g-abu+ohraib+photos&client-ooera&Source- lnms&tbm-isch&sa- X&sgi- 2&ved-OahUK Ewi P8LT GkqzV AhXCK V AKHZXhAhcQ A UI BiaB&biw= 10 24&bih-490#imgdii~Uv21 1 MaJ OobPJM :&imgrc=09 Pjm06KimddpM: !~ Hajjar, L. , "Torture and the Future," Olia/ea Center for Global & international Studies, 2004. Available at http://escholarship .org/li c/ item/Odx7 r40s 15 Ibid. 16 Mayer, J., "Outsourcing torture," The New Yorker 14.2, 2005, p. 5. Availab le at http://www. irichardstevens.com/articles/mayer-outsourcingtorture.pd f 17 Steyn, J, "Guantanamo Bay: The Legal Black Hole," International & Comparative Law Quarterly, Vol. 53, No.1, 2004, p. 6. avai lable at https:llwww.cambridge.oro/corefservices/aop-cambridoe- core/conlent/vi ew/3 2C465 EPB25 97C97 86 F70 B B D2C82E795/S00205 89300067427 a.pd flguanlanamo bay Ihe lega l black hole I.pdf 1$ Blakeley, Ruth , and Sam Raphael, "Brit ish torture in the 'war on terror'," European Journal o/ Infernational Rela'ions Vol. 23, No.2, 201 7, p. 244. Avai lable al http:// journa ls.saoepub.com/doi/pdfl 10.1177/ 1354066 116653455 19 CIA Rendition of Abu Mudhir, Memo to Libyan intelligence, 2004a. Avai lable at hnps:llww,v.t herendirionpro jecLorg.uklpd ffP DF%20420%20[Tripo li%20Docs %20 Rendition%200fOIo20Abu%2 OMunthir%20(22%20March%202004)J.pdf 20 Whitaker, B., "Exporting the Patriot Act? Democracy and the 'war on terror' in the Third World," Third World Quarterly, Vol. 28, No.5, 2007, P. 1028. Availab le at http://www.tandfonline.com/doi/ ful1l1 0.1 08010 143659070 1371751 ?sc roll- top&needAccess=true 21 Des Forges, A. L. , "Leave none to tell the story"; genocide in Rwanda," HUman Rights Watch, and International Federation of Human Rights VoL 3 169. No. 189, 1999. p. 6. Avai lable at https:llwww I .essex.ac.u k/nnnedcon!storv id/Leave%20None%20to%20tell%20the%20s10ry- o o20Genocide%20 i1 1%20 R 'ovando.pd f 22 Schaefer, Todd M. "When Terrorism hits home: Domestic newspaper coverage of the 1998 and 2002 terror attacks in Ken ya." Studies in Conjlict & Terrorism 29.6 (2006): 580-58\. Avai lable at http://www.tandfonline.com/doilfu li/ l O. I 080/ 10 5761 0060080352J?scroll-top&needAccess-true D "Dead ly attack keeps world on alert," The Guardian, 04 September 2002. Retrieved from https: r ww'o\' .theguardian.co m!world/2002/sep/04/septernber 1 l .usa 14 Talbot, A., "Unanswered questions regarding Kenya terror attacks." 5 December 2002. Retrieved from http://www.wsws.org/en/artic lesl2002/ 12.keny-d05 .html Z5 "Death toll ri ses in Egypt blasts." BBC, 09 October 2004. Retrieved from http://news.bbc.co.uk! l fbi/world/middle east/3728436.stm 26 Will iams, D. "Egypt Gets Tough in Sinai In Wake of Resort Attacks," Washington Post Foreign Service. 2 October 2005 . Retrieved from http://www.washin o-tonpost.com!wp- dynlcontentlarticie '?005. 10/0 I:AR2005100 10 1293 pfhunl 21 University of Ghana http://ugspace.ug.edu.gh 27 "Egypt ti es Dahab blasts to other attacks." CNN, 26 April, 2006. Retrieved from hrtps:/Iweb.arch ive.org/web!2006062404394 7/http://www.cnn.com/2006/WOR LD/meast/04/26/eavpt.b lastslind eX.hlml 28 King, Laura. "3 men slai n at Bible publishing firm in Turkey." L.A Times. 19 April 2007. 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Russ ian-plane-crash-everything-\\e- f...nO\\ -on-~ londav-mom ing ·abl1 ut-the·ai rl iner-Isi I-sax s-it -brought-do\\ n-on-£npts-S inai-Penins ula.h tm I 50 Serge, D .. Three dead in rocket attack on UN base in north Mali . Yahoo News. 29 November, 2015. Retrieved frOIll h11D$:.I, \\ \\ \\ ,yahoo.com 'ne\\ s mali-rockel-nttack-kills-three- lln-un-sources-095644752.html 22 University of Ghana http://ugspace.ug.edu.gh SI Libya truck bomb targets po lice recruits in Zliten. BBC. 7 January 2016 . Retrieved from hrtp://www.bbc.com/news/world-africa-35249860 S2 Kenya troops killed by 'huge bomb' in Soma lia attack. BBC. 2 1 January 201 6. Retrieved from http://www.bbc.com/newslworl d-africa-35372855 S3 Burkina Faso attack: Foreigners ki ll ed at luxury hote l. BSC. 16 January 20 16. Retrieved fro m http://www.bbc.com/news/wo rl d-africa-]5332792 54 Ivory Coast: 16 dead in Grand Bassam beach reso rt attack. BBC. 14 March 2016. Retrieved fro m http://www. bbc.com/news/wo rld-africa-]5798502 55 Walsh D., and NOUR Yo ussef N., ISIS Claims Responsibi lity fo r Egypt Church Bombing and Warns of More to Come. The New York Times. I] December, 20 I 6.Retri eved from https:llwww. nvtimes.corul20 16/ 12 113 /world/m iddleeastlegypt- isis-born bing-coptic-christians.htrn I 56 Farl ey, H., Egypt's Copts: Our government is fa iling us after fourt h ISIS attack in s ix months. 29 May 20 17. Retrieved from https:llwww.chris ti antoday.com/art icle/egypts.cop ts.our.oovemment.is.failing.us.after.fourth.isis.attack.in.six.m onlhsll 09581.hlm 57 Oyugi , Walter O. "Po li ti cized ethnic conflict in Kenya: A peri odic phenome non." African Conflicts: Their Management, Resolution, and Post-Conflict Reconstruction, Addis Ababa: DPlvIFIOSSREA, 2000, p. 3. Avai lable at http://unpan I .un .orgli nt radoc/groups/pub licldocumentslCAFRADIUNPANO I 0963.pdf SS lbid. 59 Ibid . 60 Human Right Watch. "World Report 20 I 6.Egypt". 20 17 Ava il ab le at https:llwww.hrw.orglworld- reportl20 17/country-chapters/e12ypt 61 Agbiboa, Danie l E., "(S p) oi ling Domestic Terro rism? Boko Haram and State Response," Peace Review, Vol.25 No.3, 201 3, p. 435. Ava ilable at hnp:/lwww.landfonline.com/do i/fuli / I0. 108011 0402659.20 13.816571 62 Ibid . 63 Human Ri ght Watch, "In the Name of Coun ter-Terro rism: Huma n Ri ghts Abuses Worldwide." Briefing Paper for the 591h Session of (he United Nations Commission on Human Rights, 2003 , p. 2. Availab le at https:/Iwww.hrw.oro/ legacy/unfchr59Jcounter-terrorism-bck.pdf 64 Des Forges, A. L. , "Leave none to te ll the story": genocide in Rwanda," Human Rights Watch, and International Federation of Human Rights Vol. 3169. No. 189, 1999. p. 6. Availab le at htt ps:/Iwww I.essex.ac.uk/armedcon/story id/Leave%20None%20to%20tel l%20the%20storv- %20GenQcide%20 in %20 R wa nda.pd f 65 Ibid ., p. 3. 66 Agbiboa, Daniel E. "(Sp) oi ling Domestic Terrorism? Boko Haram and State Response." Peace Review Vol. 25, No.3, 201 3, p. 43. Ava il able at htlp:/1""w.landfonline.com/do i/ fuli / l 0. 10 80/1 0402659.2013.8 16 57 1 67 Shuaibu, Salisu Salisu, and Mohd Afa nd i Sa lleh. "Historica l Evo lution of Boko Haram in Nigeria: Causes and Solut ions. " Proceedings oft he Infernational Conference on Empowering Islamic Civilization in the 21s1 CenllllY, University SlIltan Zainal Abidin, lv/alaysia, 20 15, p. 218. Availab le at htt ps:llwww. unisza.edu.my/ icic/ imaoes/Fu llpaperI20 - Sa lisu Salisu Shuaibu.pdf 68 United Nation Genera l Assembl y, Uni versa l Declaration of Human Rights, adopted on 10th December 1948. 69 Ibid . 70 Hassan, Parvez. "THE INT ERNATIONAL S ILL OF HUMAN RIGHTS," Pakistan Horizon, vol. 26, no. 4, 1973, p. 28-42. JSTOR, mvw.jsto r.org/stablel4 13 93189. 71 Ibid :]5 12 Manfred N., McA rthur E. , and Buchinger K., "The United Nations Convent ion against torture: a commentary," Oxford Univers it y Press, 2008. p. I . Ava il able at http://w\\.w.corteidh.or.cr/tablasl24920.pdf 13 Ibid . 74 Burgers. J. Hermann , "The United Nations Conventio n agai nst Torture: A handbook on the Convention agai nst Torture and Qther crue l, inhuman. or degradi ng treatment o r punishment," Vol. 9, Marti nus Nij hoff Publishers, 1988 75 Organization of African Unity (OAU). Afri can Charter on Human and Peo ples' Rights , Banj ul Charter, 27 June 198 I, CABILEG/67/3 rev. 5, 2 1 LL.M. 58 (1982). avai lab le at: http://www. humanrights.se/wp- contentlupioadsJ20 1210 I/Afri can-C harter-on-Human-and-Peo ples-Rights.pdf [accessed 20 June 201 7] 76 Smith , Malinda S., ed. Securing Africa: post ·9/ 11 d iscourses on te rrorism. Routledge, 20 16. 77 Ibid . 75 Kimunguyi. P., "T errorism and Counter terrorism in East Africa," p I . 7q Shuaibu, S., and Sall eh, A., " Historica l Evo lution o f Boko Haram in Nigeri a: Causes and Solutions," International Conference on Empowering Islamic Civilization in the 21st Century. Malays ia, 2015 . $0 Krueger & Maleckova, "Education, Poverty, and T errori sm: Is There a Causa l Connection?" The Journal a/Economic Perspectives, Vol. 17, No.4, 200], p. 119-1 44. 23 University of Ghana http://ugspace.ug.edu.gh 81 Shinn, A. D. "Poverty and Terrorism in Africa: The Debate Conti nues." Georgetown Journal o/International Affairs, vol. 17 no. 2, 2016, pp. 16-22. Project MUSE, doi: I 0.1353/oia.20 16.0020 82 Krueger & Maleckova, "Education, Poverty. and Terrorism: Is There a Causal Connection? " The Journal 0/ Economic Perspectives, Vol. 17, No.4, 2003, p. 11 0-120 8} Mohochi , S., "'Preventive Counter Terrorism Action'; Case Study of Kenya," Social Science Research Nehl'ork Electronic Journal, 20 II , p. 1-2 " Ibid pp.5 . 85Kimunguyi, Patrick. "Terrorism and Counterterrorism in East Afri ca." Global Terrorism Research Centre, Monash University, Australia (201 1). 86 Ibid. 87 Ibid. 88 Mohochi , S., ''' Preventive Counter Terrorism Action': Case Study of Kenya," Social Science Research Network Electronic Journal , 20 II , p. 1-2 89 Reprieve and Redress, " Kenya and Counter Terrorism: A Time for Change," February 2009, p. 31. Available at; www. redress.o rg/ .. .lKenya%20and%20Cou nter-Terra ri sm%20 5%20 F eb%2009 .pd f 90 Nzamba Kitonga, " The Fight Agai nst Terrorism in East Africa: Comments and Observations," East Africa Law Society., p. 2-3. Ava il able at http://www.ealawsociety.orgil oomlalUserFiles/File/ fight_Nzamba.pdf[Accessed on the 2nd May 2017] 91 Mohochi, S. , ''' Preventive Counter Terrorism Action' : Case Stud y of Kenya," Social Science Research Network Electronic JOllrnal, 2011, p.2. .web.stanford.edu ·group.mappingmilitanlS. co-i-bin groups vie .... \.- 5S7#namechanges (IS Tom Wilson, "Egypt. Hamas and Islamic State's Sinai Province," Centre for the New Aliddle East. '0. 12, October 20 16. p. 3. ()6 Sinai Province: Egypt's ISIS Affiliate. Woodrow Wilson International Center for Scholars. 19 May, 20 16. (17 Jantzen W. Garnett. "An Islamic State in the Sinai:' The Journal of Inlernalional Security A.ffairs, No. 28. Spring/Summer 2015. 53 University of Ghana http://ugspace.ug.edu.gh 68 American Center for Democracy (A CD). Terrorism Financing in North Aji-ica. Paper presented to The Adva nced Research Workshop on Terrorism in North Africa, at the NATO CENT ER OF EXCELLENCE- DEFENS E AGAI NST TERRORlSM in ANKARA, on NOVEMBER 19, 2013. Ava il able at http://acdemocracy.o rg/terro ri sm-financino-in -north-africal 69 Ib id. 70 Ibid 11 Ibid. 72 Hoffman, Paul , "Human rights and terro rism," Human Rights Quarterly, Vol. 26, No.4, 2004, p. 941 download from https:llmuse. ihu.edu/arti c le/ 174729/pd f 1) Hersh, Seymour M. "Torture at Abu Ghraib." (2004). Avai lable at http://www.veronaschools.org/cms/lib02/NJO I 00 13 79/CentricityfDomainl58 8fTorture%20at%20Abu%200hrai h&Qf 74 Ibid: 99 75 Blakeley, Ruth, and Sam Raphael. "British torture in the 'war on terror'." European Journal of International Relations 23.2 (2017): 260. Avai lable at http:// journals.sagepub.comidoi/pdfIIO.1 177/ 1354066116653455 76 Gibson, P. "The Repo rt of the Detainee Inquiry." (2013). Available at: http://www.detaineeinquiry.org.uklwp- contentlu ploads120 13/ 12/35 10 0 Trafalgar-Text-accessible.pd r 77 Blakeley, Ruth , and Sam Rap haeL "B ritish torture in the 'war on terror'." European Journal of Inter naliona I Relations 23.2 (20 I 7): 254, 258. Available at http://joumals.sagepub.com/doi/pdfII0. 11 77/1354066 116653455 78 1bid :249 79 Ibid : 246 80 Ibid: 247 81 UKHC (UK High Court) Yunus Rahmatull ah v the Ministry of Defence and the Foreign and Commonwealth Office. C laim No. HQI3XO I841 , UK High Court, 25 July. 20 14, Available at: https:llwww.rherend it ionprojecLore.uklpdf/PDF%20480%20CRahmatullah%20v%20MOD%20and%20FCO %2 oR eamended%20 Particu 18rs%200 £%20CI31 m%20(25%20J u 1),%2020 14 ll.pdf 82 Finn , Peter, and Sam Raphael. "Dogs, water and coffins: An unto ld story of British torture in Iraq." Open Democracy 16 (2014): 2. Available at htt p://s3.amazo naws.com/academia.edu.documents/3 725363 8/00 Piece.pd f? A WSAccessKeyld=A K I A JW OW YYOZ2Y53UL3A&Expires 1501 378802&Signature rd7Zs7 JdkPI-IzLmvUNEwa3PeIHNc%3D&response- content-disposition=i nli ne%3B%20fi lename%3DDogs War.er and Coffins An Untold Story o.pdf 83 Hutton J. Letter to Andre\-v Tyrie: UK operations in Iraq and Afghanistan. Ministry of Defence, 26 February. A va i lab le at btl p:llwww.ext[aordi!laD'rendition.org/document-1 ibrary/ fi nishl7 -ministry-o f-defensel l \3- john- hu tton-letter-re-rend ition-statement.ht III I Amnesty Internationa l UK. 'The Detainee Enquiry.' 01 Aug 2013. Avai lable at: htt ps:!lwv.;w.amnesty .org .uk/detainee-i nquiry 8~ Casciani , Dominic. "UK pays£ 2.2 m to settle Libyan rendition c laim." B8C News Online 13 (2012). Available at http ://www.bbc.co.uk/newsiuk-20715507 S6 The Guardian. 'UK investigations into lortu re and rend ition-a guide.' 26 March 2012. Available at https:!lwW\\ .t heo uardia n.comJworldJ20 12/jan/12/uk -i nvest i gat ions-tonure~rendition-o u ide 87 Ibid . S8 Amnesty Interllational UK, 'The Detainee Enquiry.' 0 I Aug 2013. Available at https:!lwwv>'.amnesly.org.ulJdetainee-inguiry 89 Flynn. 'The Security Council's Counter-Terrorism Committ ee and Human Rights: Human Rights Law Review 7. Oxford Univers ity press. 2007: 377. 90 Kiai Maini. ' On terrorism, the Executive wan t to be the J ud ge, Jury and Executioner. 10 April 2015. Availab le at http://www.nation.co.ke/opedfOp i n ioniOn -terrorism-the-Executive-iuD'-and-execut ioner/-/440808/268 1840/· 11015 imtl-/index.hunl 91 Nancy Okail and Alli son McManus, "Egypt's Old Strategy for New Terrorism Why It Won't Work," The council on Foreign Relations, 2 1 Ju ly , 20 15. 92 Amne-sty Intema tionaL "r."lemorandum : Egypt's Draft Law On Counter Terrorism" (I ndex: MDE 1212269/2 015), 12 August 2015 93 Human Rights Watch. "Egypt: Counterterrorism Law Erodes Basic Rights;' 19 August, 2015. 'MEgypt Anti-Terror Law. August 15th, 2015. Downloaded from hup: ."!www.atlanticcouncil .orgimages.l EgyptSource Eayp! Anti-Terror La\-\ Translation.pdf 95 Human Rights \,/atch, "Egypt: Dozens Detained Secretly," 20 July 2015. % Bahey Eldin Hassa n, " Does Egypt's President Really Want to Fight Terro rism?" The New }'ork Times, 12 Apri l 201 7, 97 Human Rights Watch, "Egypt: Dozens Detai ned Secretly," July 20, 2015. 54 University of Ghana http://ugspace.ug.edu.gh 98 Sankore, Rot imi . "Anti-terrorism legislation and democracy in Africa." (2008). availab le at http://www. peace.calantiterrorlegislat ionafrica.htm (accessed June 30 th , 20 17) 99 Agbiboa, Daniel E. "(Sp) oiling Domest ic Terrorism? Boko Haram and State Response." Peace Review 25.3 (2013): 435. Availab le at http://www.tandfonline.com/doi/fuIiIl0 .1080/ 10402659.20 13 .816571 '00 Ib id: 436 10] International Service for Human Rights. ' Kenya: stop using Anti-Terrorism Laws to Target Human Rights Defenders and Guarantee Dlle Process.' 13 April 2015. Available at http://w\vw. ishr.chlnewslkenya-stoD-using- anti-terro rism-Iaws-target-lluman-rights-defenders-and-guarantee-due-process ]02 Ibid. 103 Ibid . 104 Kia i Maini. 'On terrorism, the Execut ive want to be the Judge, Jury and Executioner. 10 April 2015. Ava ilab le at http://www.nation.co.kefoped/Opinion/On-terrorism-the-Executive-jury-and-executioner/-/440808/2681840/- 11015jmtl-/i ndex.htm l 105 Ib id. 106 Human Rights Watch. ' Kenya: Ensure Due process on "Terrorism List".' II April 2015. Availab le at hnps://www. hrw.org/newsf20 15/04/ 12/kenya-ensure-d ue-process-terrorism-I iS1 ]07 United Nations Security Counc il Resolution 1373 . ]08 Organisation of African Unity, "OAU Convention on the Prevention and Combatting of Terrorism," Algiers, 14July 1999. 109 Ibid . 11 0 African Union, ;'Protocol to the OAU Convention on the Prevention and Combatting of Terrorism," 26 July 2004, p. 4. Ava il ab le at http://www.peaceau.org/uploadsl7787-file-protocol-oau-Convention-on-the-prevention- combating-terrori sm.pdf ]11 African Un ion, " Plan of Action of the African Union High-Level Inter-Governmental Meeting on The Prevention And Combati ng Of Terrorism In Africa." Algiers, Algeria . September 2002. 111 African Union, "The AU Decision to Combat Payment of Ransom to Terrorist Groups." July, 2006. http ://www.peaceau.org/uploadslassembly-au-dec-256-xiii-e .pdf 113 African Union. "Decision On The Prevention And Combating Of Terrori sm." Ju ly, 20 10. Available at http://www.peact!flu.orgluploads/assembly-au-dec-311-xv-e.pdf 114 African Union. "The African Model Anti-Terrori sm Law." Malabo. 30 June-I July 2011 . Avai lable at http://www.peaceau.org/uploadslafrican-model-Iaw-en.pdf 115 Organisation of African Unity. "OAU Convent ion on the Prevention and Combatting of Terrorism." (14 July 1999) Algiers: Algeria, 1999:206. Available at http://www.peaceau.org/uploadsloau-Convention-on-the- prevention-and-combating-of-terro ri sm.pdf 116 Ibid: 206-208 . "'Ibid: 208-2 10. "' Ibid : 2 13-2 15. 119 Ibid: 2 15-2 17. 120 Ibid: 2 17. '" Ibid: 2 18-219. 122 Brownlie, 1an, and Guy S. Goodwin-Gi ll , eds. Brownlie's documeflfs on human rights. Oxford University Press, 20 I 0: 46-49 123 Ibid . 124 UNHCR. 'U niversal Declaration on Human Rights.' Available al http://www.ohcllr.org/Doclimellls/Publicat ionsl FactSheet2 Rev.l en.pd f I2S Ibid. 126 Ibid . 127 Ibid. I2S UNHCR. ' International Convention for Civil and Political Rights.' Available at Available at http: .'!\\'"w.ohcilr.org/ Oocumt!ntsl Public3tions FactShC'et2Rev.1 en. pdf. ]20) Ibid. DO Ibid. IJI UNHCR. 'The International Covenant on Economic. Social and Cultural Rights.' Available at Availab le at http:"www.ohchr.oro,Documenls. Publications FactSheet2Re\ .Ien.pdf. m Brownlie, lan, and Guy S. Goodwin-Gill. eds. Brownlie's documents on human rights. Oxford University Press. 2010: 388. m Nowak, Manfred, Elizabeth McArthur. and Kerstin Buchinger. The t "ired Nations Convention against lorlllre a commentary. Oxford: Oxford University Press, 2008: 1. Avai lable at http:-w\\,\\.corteidh.or.cr tablas/24920.odf 13~ Ibid 55 University of Ghana http://ugspace.ug.edu.gh m Burgers, J. Hermann . The United Nations Convention against TorlUre: A handbook on the Convention against Torture and other cruel, inhuman, or degrading treatment or punishment. Vol. 9. Mart inus N ijhoff Publishers, 1988 1)6 UN General Assembly, " International Convenlion for the Protection of All Persons from Enforced Disappearance ", 20 December 2006, avai lab le at: https:/Itreat i es.~m.o rg!doc/source/docs/A_RES_6 1 _ 1 77 -E.pdf [accessed 20 June 20 17) Il7 lbid: 88 138 Ibid. 139 Brownlie, lan, and Guy S. Goodwin-G ill , eds. Brownlie's documents on human rights. Oxford University Press, 20 10: 46-49. '" Ibid : 49-50 ''I Ibid: 50-51, 57. '" Ibid : 57-59. 14) Vanessa Holzer. {The 19S I Refu gee Convention and the Protection of People Fleeing Armed Conflict and Other Situations of Violence.' Division of International Protection. PPLN20 12/0S. 20 12: 3. Availab le at http://www.refworld.org/pdtid/S0474ffi62.pdf 144 A. Zimmermann et al. 'The 195 1 Convention Relating to the Status of Refugees and its 1967 Protocol.' A Commentary. Oxford Uni versity Press, 20 11 : 341. 14S UNHCR. 'Convention and Protocol Relating to the status of Refugees.' UN Refugee Agency. Geneva, December 20 1O . Available at bttp://www.unhcr.org/orotectIPROTECTION/3b66c2aaI0.pdf 146 Ib id. 147 Organ ization of African Unity (OAU), A/Nean Charter on Numa!1 and Peoples' Rights (IIBan}ul Charter"), 27 June 1981 , CABILEGI6713 rev. 5, 2 1 l.L.M. 58 (1982), available at: htlp:llwww.humanrights.se/wp- contentluploadsl20 1210 11A fr ican-Charter-on-Human-and-Peoples-Rights.pdf [accessed 20 June 20 17] 56 University of Ghana http://ugspace.ug.edu.gh CHAPTER THREE COUNTERTERRORISM AND ETHICS IN COUNTERING TERRORISM IN AFRICA 3.0 Introduction T his chapter studies three African countries' counterterrorism strategies, juxtaposes these strategies against Human Rights instruments to ascertain their compatibil ity with Human Rights protection, and gives a critique of their strategies. The countries are Nigeria in West Afri ca, Egypt in North Africa and Kenya in East Africa. 3.1 The Case of Nigeria Accord ing to the Globa l Terrorism index, N igeria, together with Iraq, Afghanistan, Pakistan and Syria is one of the fi ve countries with the hi ghest impact from terrorism. ' Co ll ectively, these five countries accounted for 72% of all terrorism-related cases in 2015 . The G lobal Terrorism Index (GTI) is a comprehensive study analyzing the impact of terrorism for 163 co untries, covering 99.7 per cent of the world ' s population" Being the Afri can country hardest hit by terrorism as indicated by the GTl, N igeria has suffered several terrorist attacks si nce the emergence of Boko Haram in 2009. Atrocit ies attributable to Boko Haram since 2009 have been numerous with increasi ng intensity. In 20 15 alone, the terrorist group killed 5,478 people, three quarters of which occurred in Nigeria3 Since the dominance of the group in 2009, there have been various attempts by the government and state institutions to address the scourge. Initial actions primaril y in vo lved engagements in sporadic co nflicts between sections of the Nigerian po lice forces and Boko Haram. Particularl y. the Borno and Bauchi states were affected resulting in numerous deaths. These engagements further continued until initiation of peace talks in 20 II by former Nigerian President Olusegun Obasanjo. Fo llowing the failu re of such interventions. a mediation process was later initiated between the government and Boko 57 University of Ghana http://ugspace.ug.edu.gh Haram but to no fruition. During the 14th su mmit of the Mul tinational Joint Task Force (MJTF), the constituent states approved an expansion of the mandate of the Task Force to include combatting Boko Haram. The MJTF is a joint Task Force consisting of Cameroon, Chad, Nigeria and N iger wi th the aim to counter terrorism across the borders of the respective countries' Fol lowing, the Nigerian Government and the Mu lt inational Joint Task Force (MJTF) are working jointly to help counter terrorism in West Africa. 5 3.2 Counterterrorism Strategies Nigeria Has Adopted The need to counter terroris m in Nigeria began when it criminalized terrorist acts domestically. This had arisen from ca ll s by the UNSC for member states to develop or amend ex isting legislative instruments to co unter terrorism followi ng the 9111 attacks. 6 This necessitated the adoption of a com prehensive nationa l legislation to counter terrorism in Nigeria7 In compliance with the UNSC Reso lution 1373 directive, Nigeria amended its existing Economic and Financial Crimes Commission (EFCC) Establ ishment Act 2004 8 to define, prohibit and prescribe punishment for terror ism.9 The EFCC was heavily criticized, and in 2006, the " Prevention of Terrorism Act" (although it was a Bill) was suggested as a form of counterterrorism legis lation. T his Act a lso faced a lot of opposition and was not enacted while Nigeria experi enced in creas ing incidences of terrorist attacks domestically, and mounting pressure externall y for the State to adopt a counterterror strategy. 10 The threat of Boko Haram in 2009 was therefore sustained in the absence of concrete counter terrorism laws. However, the Criminal code (for the South), the Penal code (for the North) and other Statutes were employed to criminal ize spec ific acts ofviolence. Examples of such statutes include Banks and Other Financial Inst itut ions Act 2002". Offcial Secrets Act 1962; Extradition Act 1967; Money Laundering (Probation) Act 20 II. 58 University of Ghana http://ugspace.ug.edu.gh Following the advancement in the schemes and in tens ities of the killings by Boko Haram, the Nigerian legislature was compelled to relook the earlier opposed Terrorism Prevention Bill in December 20 I O. In June 20 11 , the 4 1-sectioned Terrorism Prevention Act was signed into Law. It establishes measures for the combatting and prevention of terrorism and prescribes penal ties to that effect. 12 In 20 13, the Terrorism (prevention) Act (TPA) was amended. To counter the financing of terrorism, N igeria passed the N igerian Financial Inte lli gence Centre (NFl C) Bill in 2014 and the Proceeds of Crime (POC) Bill was passed by the National Assembly in 20 IS. 3.2.1 Terrorism (Prevention) Act (TPA) Article I of the TPA defin es terro rism. Artic les 2 to 6 map out what consti tu tes a crim inal offense under the Act. Th is includes engagi ng with terrorist organisations, attending their meetings, giving support to terrorists, harboring them and providing them with training." Section 10 covers the suppress ion of financing of international terrorism, making it an offense for a person to co ll ect or receive funds to fin ance a terrorist act. A lso, Articles 12 to 17 address terrorist funding and property. In Art icle 12, law enforcers are vested with the power to seize cash owned by sus pected terrorists and Article 17 al lows fo r the tracki ng of property owned by the suspect. Article 26 makes it possi bl e for law enforcers to spy on and collect communication data ofthe suspects. Arti cle 33 dea ls with penalties. span ning from fines to life imprisonment depending on the grav ity of the offense. With Art icle 35, the state can revoke or refuse to register organisations that it believes are associated w ith terrorism. 14 It also makes provision for organisations who believe they have cause to, to appea l against the decision. Article 37 grants the power to refuse a person entry into Nigerian terr itory or deport a perso n on grounds of suspicion of being a terro ri st . Finall y, Art icle 38 grant the state the power to refuse refugee application in the national interest and pub lic safety on Nigeria. This is done when the state has ' reasonab le grounds' to believe that such persons are associated w ith te rrorism . ls 59 University of Ghana http://ugspace.ug.edu.gh 3.2.2 Countering the Financing of Terrorism in Nigeria Terrori st gro ups' re liance on funding to function has necess itated the adopt ion of regulations to counter the fin anc ing o f terrori sm. [n 1989, the Financial Action Task Force (FATF) was estab lished by the G-7 Summit to address concerns of money laundering activities. ' 6 The FA TF had the mandate to examine money laundering techniques, review nationa l and international measures needed to address it and set measures needed to combat money laundering. The Task Force in 1990 issued a report offering a set of 40 recommendations towards a Plan of Acti on necessary to fi ght terrorism financi ng. '7 This became known as the FAFT Forty Recommendations on Money Laundering. In the aftermath of the 9/ 11 terror attack on the U.S., a tota l of9 add itional Special Recommendations were issued by 2004 to fight the financing of terrorism. 's Together, the FAFT Forty Recommendati ons on Money Laundering and the FAFT Ni ne Spec ia l Reco mmendat ions on Terrorist Financing forms the international standard agai nst money laundering and terrorist finan ci ng endorsed by the United Nations Security Counci l in its Reso luti on 16 17." Many African countri es are members of the Task Force but also have FATF- like reg ional bod ies which they are party to. N igeri a is part of the Inter-Governmental Action Group Aga inst Money Laundering and Terrorist Financing in West Africa (G1ABA)2o The GIABA, a FATF-style regional body of West Afri ca, is a spec ialized institution of ECOWAS, mandated to develop Anti-Money Launderin g/Counterin g the Financin g of Terrori sm (AMLlCFT) measures and coord inate regional efforts to co mbat the financin g of terrorism." It is a regional intergovern mental body which supports the work of the United Nations (UN) in preventing, detecting. deterr ing and suppress ing te rrorism, particularly with regards to tinancing Money Laundering and terrorism. 60 University of Ghana http://ugspace.ug.edu.gh Domestically, Nigeria has estab lished a Financial Intelli gence Center to see to the monitoring of financial transactions and to address specifi c defi ciencies in N igeria's AMLlCFT processes. Regularl y, the Government also distributes the UNSC list of designated terrorists or terrorist entities to financia l institutions in N igeria. 22 After this, the Nigerian Financial Intelligence Centre (NFIC) Bill was passed in 20 14 and the Proceeds of Cri me Bill was also signed in 2015 to help check the financ ing of terrorism in Nigeria. These two Bills have however not yet been signed into law.23 The NF IC gives the Government of Nigeria power to freeze and impound assets be longing to terrorists and terrorist suspeots as required by the UNSC.24 The measures to counter the financin g of terrorism are not without challenges. Although indi vidual states are working hard towards combatting the financing of terrorism, terrorists are equal ly getting more ou nning in their acquisition of resources to fund their activit ies. In some states, such as N igeria, systemic corrupti on and the inabi lity or unwillingness of security fo rces to enforce the law are hampering the effectiveness of the measures adopted 2 5 This situation is not limited to N igeri a onl y but also app licable to other African states. A major concern in the implementat ion of AMLlCFT laws in Africa is, once again, its abi lity to target political opponents. Most of the laws all ow fo r the seizure of assets of suspected offenders and governments could cap italize on that to harass opponents. 3.3 Criticisms of Nigeria's Strategies There have been co ncerns that counterterro r strategies that Nigeria's government agencies have adopted are likely to undercut the civ il liberties of the Nigerian peop le and foreigners resident in the country.26 N igeria's security agencies have been imp licated in a number of human rights violations in Northern Nigeria with reports of indiscriminate killings with impunity, arbitrary arrests and detentions without charge.27 61 University of Ghana http://ugspace.ug.edu.gh According to So lomon Hussein, instead of conducting investigations to effectively counter terrorism, security service perso nnel depl oyed to Nigeria's northern communities carry out house-to-house searches and so metimes, shoot men in their homes and engage in other forms ofbruta li ties 28 This is a vio lation of the right to life enshrined in Article 3 ofthe UDHR, Art icle 6 of the ICCPR and 4 of the African Charter on Human and Peop le's Rights. It is a lso a violation of the rights to fair tr ial and the assumption of innocence until proven gu ilty enshrined in Articles 7 of the African Charter on Human and Peo ple's Right and Article II of the UDHR. Amnesty international has docum ented a number of these vio lations by Nigerian security forces in their 2012 Report on Nigeria . Interv iews with victims showed that brutal ities in various forms were mete out to people suspected to be associated wi th Boko Haram. People who were seen be in g arrested by the securi ty forces were later found dead or have gone missing2 9 There were many incidences o f summ ary executions where people were shot dead or beaten to death duri ng raids, whil e in detention, on the streets etc., vio lating Article 6 of the ICCPR and 4 of the ACHPR on the right to life.JO In one of the in terv iews cond ucted by Amnesty, a witness recounted how men from the Mult inational Joint Task Force (MJTF) opened fire on staff and customers at a fillin g station killing 5 people]1 MJFT men were a lso accused of burning down houses after they have ra ided the co mmunity, rendering inhabitants homeless.J2 According to some v ictims of arbitrary arrest and detention who were interviewed, they were not told their offenses and neither were they granted access to a lawyer, a fam ily member or medical care.)3 N igeria's co unterterrorism measures have also been accused of administering torture. A form er detainee at a detention barrack narrated to Am nesty Inte rnational the horrors of the barracks. He sa id : "they have a dungeon, an underground place where {hey also take 62 University of Ghana http://ugspace.ug.edu.gh people .. .In the dungeon they have short chains, they tie you to one side, you can '{ stretchfully, lying on the ground, knees bent, you are handcuffed to a hook in the ground, facing another person who is aLso handcuffed to the hook. You lie on your side, two peopLe per hook. They leave you for jive days. You can 't slrelch oul. 11 's a big place, they could pul as many as they want in there. ,,)4 This is a vio lation of the UN Convention Against Torture which Nigeria acceded to on 28 June 200 I and also a violati on of Articles 5, 7 and 5 of the African Charter on Human and Peo ples' Rights, ICCPR and the UDHR, respectively. Despite being privy to the violation of human rights in northern N igeria, the Nigerian government has made no eff0l1s at giving prompt and adeq uate reparation to the victims. Neither has it made efforts to investigate the a li egations. J5 This goes against the mandate given to Nigeri a by the UNSC in Reso lution 1373. Also, Nigeria 's Terror ism Preventi on Act is a reacti ve and not a proactive act. Although ca ll ed a Terrorism-Preventi on Act, it is more of a terrorism-fi ghting one as it does not prescribe meas ures to prevent terrori sm from happening, nor addresses the root causes or the factors that lead to the emergenoe of terro rism in Nigeria. Factors such as economic deprivation, emp loyment, re li gious extremi sm and radicalizati on are not addressed in the Act that seeks to ';prevent" terrorism from advancing in N igeria. 36 There is also no Act or Law that addresses the needs of victims of both terrorist acts and ant i-terrorist strategies.J7 Article 12 of the TPA which a llows for the confiscation of assets belonging to terrorist suspects, cou ld be used as a fayade to target and confiscate assets belonging to pol itical opponents and Article 26 could also be used to spy on them without reason. Article 38 which gives the Nigerian government the right to expe l refugees on nati ona l securi ty and public safety grounds is a violation of Art icle 32 of the 1951 Convent ion Relat ing to the Status of Refugees. J8 63 University of Ghana http://ugspace.ug.edu.gh 3.4 The Case of Egypt th Egypt is ranked 9 in the Global Terrorism Index of20 16. The country constitutes one of eight countries whi ch recorded the highest number of deaths by terrorist attacks in the year 2015 , with one incident recording the death of224 people as a result of a bomb attack on a plane. This attack was cla imed by ISIS in the Sinai Province. 39 Terrorist groups have targeted places of worship, schools and public transport systems in their strikes in Egypt and this has caused instability in the country. These happeni ngs have necess itated the adoption of counterterrorism measures.40 3.5 Counterterrorism Strategies Adopted Egypt has also adopted Anti-Terrori sm Law and anti-M oney Laundering/Countering terrorism financin g strategies to counter terrorism in the country. According to the 2016 Global Terrorism Index, Egypt places 2nd in the list of African countries with the highest impact from terrori sm' I The country usually suffers terrorist attacks from AQIM and ISIS in Sinai. 3.5.1 Egypt's Anti-Terrorism Law The Anti-Terrori sm Law was enacted on 15th August, 2015 after the draft law was passed by parliament in Jul y 20 15. Article 2 of the Anti-terrorism law defines a "terrorist act" as "any use of force, vio lence, threat. or intimidation domestically or abroad for the purpose of disturbing publi c order, or endangering the sa fety, interests, or security of the community; harming individua ls and terrorizing them; jeopardizing their lives, freedoms. public or private rights, or security, or other freedoms and rights guaranteed by the Constitution and the law; harms nationa l unity. soc ial peace, or nat ional security or damages the environment. natural resources, ant iqui ties. money. buildings, or public or private properties or occupies or seizt!s them; prevents or impedes public authorities. agencies or judicial bodies, government offices 64 University of Ghana http://ugspace.ug.edu.gh or loca l units , houses of worship, hospita ls, institutions, institutes, diplomatic and consular m iss ions, or regiona l and international organ izations and bodies in Egypt from carrying out their work or exercising a ll or some of the ir activ ities, or resists them or disables the enforcement of any of the provis ions of the Constitution, laws, or regul ations. A terrorist act sha ll likew ise refer to any conduct comm itted with the intent to achi eve, prepare, or inst igate one of the purposes set out in the first paragraph of this A rticle, if it is as such to harm communications, information, fin anci al or banking systems, nat iona l economy, energy reserves, security stock of goods, food and water, or the ir integrity, or med ical services in disasters and crises.,,42 Article 3 outlines w hat constitutes the funding of terro rism; and Article 4 enumerates the cond itio ns under w hi ch Egypt has jurisdiction over a terrorist crime.'3 A rticl e 8 grants enforcers of the law immunity fro m prosecution w hen they use force in the performance of their duty. Articles 12 to 39 form the "offenses and penalties" secti on of the law and lists out the s ituati ons under w hich a perso n may be sentenced. It includes instituting a terrorist group (Article 12), financing it (A rticle 13), planning the act, aiding and abett ing and a lso physical ly engaging in a terrorist act (Art ic les 14 to 26)44 Various sentences a re given depending on terrorist offen ses committed . These penalties begin from fines, to life imprisonment and ult imately, the death sentence'S AI1icle 27 fUI1her gives the "enforcers of the law" more powers in their line of duty. People w ho are found gu ilty of attacking, resisting and threatening to use force against those seeing to the application and enforcement of the law shall be pun ished b) prison sentences and in some cases, b) death '· 65 University of Ghana http://ugspace.ug.edu.gh Furthermore, Article 28 mentions the promotion of terrorism as an offence punishab le by a prison sentence and in Art icle 29, the law points out the use of forms of media for the propagation of terrorism as a cri me punishable by law. The controversia l Article states that " Whoever establishes or uses a communications s ite, website, or other media for the purpose of promoting ideas or beliefs calling for the perpetration of terrorist acts or broadcasting material intended to mislead security authorities, influence the course of j ustice in any terrorist crime, exchange messages, issue assignments among terrorist groups or their members, or exchange informat ion re lating to the actions or movement of terrorists or terrorist groups domesticall y and abroad shall be punished by imprisonment w ith hard labor for no less than fi ve years. Whoever undu ly or illegall y accesses websites affiliated with any government agency in order to obta in, access, change, erase, destroy, or falsify the data or infonnation contained therei n in order to commit an offense referred to in the first paragraph of th is Article or prepare it shall be punishab le by imprisonment with hard labor for no less than ten years.'>'!7 Arti cle 3 1 is further ded icated to the enforcers of the law, making it a criminal offence for a person to co llect infonnation of them with the purpose of harming them, their work, their descendants or ascendants·s Article 35 makes it il legal for a person to report on, publish terrorist acts or anti-terrorism operations that are different from the official statements that the Mi ni stry of Defense has released 49 AJ1icle 36 proh ibits the public disp lay and broadcasting of trial proceed ings of terrorist crim es. In Article 37, the law imposes certain restrictions on fundamental li bert ies of the popu lace as a counterterror measure. These restrictions are generally related to free movement of persons 50 Article 38 grants amnesty to persons who are engaged in terrorist acts but report to the officia ls before the act, after the crime andlor aid in arresting the perpetrators." 66 University of Ghana http://ugspace.ug.edu.gh In order to counter an eminent terrorist crime, Art icle 40 gives law enforcers the mandate to among others, deta in the perpetrators for a maximum of 24 ho urs. This can however be extended to a maxi mum of 7 days and by Article 44, the suspect shall have the ri ght to appea l 52 his detention. The arrested suspect shall have the right to a lawyer, to speak to a fa mily member and shall be informed of the reason for his arrest provided these act ions will not tamper with the ev idence. Thi s is a provision of Art icle 4 153 Furthermore, Article 46 a ll ows for the keeping of tabs/spyin g on the communication channels of the suspects for a max imum of 30 days. These includes wiretapping telephones, spyi ng on website usage, recording of the suspect's messages, letters and seizure of electron ic devices believed to be useful in investigations. And fin all y, Article 53 g ives the law enforcers comprehens ive compul sory insurance to cover any losses suffered in thei r line of duty in countering terrori sm in Egypt." The Egyptian Government 's clampdown on some grou ps of people, for instance the Mus lim Brotherhood, has been viewed as a del iberate attempt to silence politica l opponents, using counterterrorism as a favade 3.5.2 Countering the Financing of Terrorism in Egypt Due to its large in forma l economy that most ly involves cash, Egypt remains vulnerable to terrorist fin ancing. This resu lts in undocumented smal l scale financial transactions and it is estimated that about 90% of the Egyptian population do not have formal bank accounts. This makes the fin anc in g of terrori st organisations very easy55 To address this, the Central Bank of Egypt and the Federation of Egypt ian Banks have come up with measures to encourage people and small and medium-scale business owners to be involved in the fom,.1 financ ial sector. Additionall y, Egypt enacted measures incl uding digitization of government payments, 67 University of Ghana http://ugspace.ug.edu.gh introduction of smartcards, making access to A TMs easy, and develop ing mobile phone appli cations to help track finan cial activities across the country. 56 In 20 15, Egypt began to enact a num ber of laws to strengthen measures to combat financing of terrorism in line with the UN Security Council (UNSC) ISIL (Da'esh) and al-Qa'ida sanctio ns regimeS7 The country' s Financial Intelligence Unit; the Egyptian Money Laundering and Terrorist Financi ng Combating Unit, is a member of the Egmont Group of Financial Inte lli gence Units S8 Egypt is a lso a member of the Middle East and North Africa Financ ial Action Task Force, which is a Financial Action Task Force (FATF)-style regional body. The country is also a member of the Coalition 's Cou nter-ISIS Finance GroupS9 3.6 Criticisms of Egypt's Strategies Egypt's draft law, before it was enacted into a felll law was oriticized as deeply fl awed by Amnesty Internat ional. The organization raised concerns that it had the potential of vio lating various Human Rights of the inhabitants of Egypt6 0 This is not surprising as various Articles restrict and vio late a number of civil liberties and gives law enforcers power to abuse human ri ghts with impunity. The organisation issued a memorandum on the draft law on August 12th, 2015, three days be fore it was approved and official ly issued on August 15th, 20 15 by President Abde l Fattah AI-Si si. Amnesty Internat ional raised concerns that the definition of a "terrorist act" in the Draft Article I clause 7 (but in the actua l Law's Article 2) is so vague and broad that the authorities and security forces are likely to use its sweeping scope to muzzle their political opponenls and crilics.61 68 University of Ghana http://ugspace.ug.edu.gh Also, phrases in Article 2 of the anli-terrorism law which defines a terrorist act such as "disturbing publi c order", "damaging publ ic and pri vate institut ions" and " impeding the application of the provisions of the Constitu tion and nationa l laws" has the abi lity to target and restrict people 's rights to publi c gatherings, processions and prevent them from embarking on peaceful protests62 The Anti-Terrorism law whi ch grants the enforcers of the law im munity from various penalt ies seems to protect them more than the civi li ans . Art icle 8 of the law grants them immun ity from prosecuti on in their use of force 63 The Article does not give parameters for what co nstitutes "necessary and adequate" use of force in the performa nce of their duties. It also does not state that the force must be minimal. This g ives officers the freedom to use unnecessary and excess ive fo rce in enforcing this law wi thout fea r of being held accountable for their actions as the law grants them immunity. Also, Article 27 prohibits the attacki ng of the enfo rcers of the law and people fo und gui lty of such a crime could be sentenced to the tune of the death penalty. Artiole 3 1 criminalizes the co ll ection of inform ation on these enforcers, their ascendants and descendants and Article 53 offers them insu rance cover for any losses they suffer in their line of duty. The Anti-Terrorism law seems to protect the enforcers of this law more than it does the citizens of the land . The law does not cover in any way, victims of human rights abuse carried out by these enfo rcers, neither does it cover reparat ion for victi ms of terrorist attacks. AI1icles 28 and 29 of the Anti-Terrorism Law restrict access to information to the populace on terrorist offenses and makes it a punishab le offense for a perso n to promote terrorist ideas using the internet and other forms of media broadcasting. Th is Artic le has been used to clamp down on media houses and restricted their access to information and freedom of expression enshrined in Article 9 of the African Charter on Human and People 's Rights, and Artic le II of the UDHR. 69 University of Ghana http://ugspace.ug.edu.gh Additionall y, Article 35 of the law cri minal izes the reporting, publ ishing and broadcasting of terrori sm operations that differ from offi cial statements released by the Ministry of Defense. This is also a violation of the freedom of express ion and this law cou ld be used to restr ict the freedom of the press and clamp down on vocal human rights activists. A lso, Article 36 prohibits the publi c display, pub li shing and broadcasting of trial proceedings of terrorist crimes. This Article has the tendency to vio late the right of suspects to a fair trial as enshrined in Article 10 oflhe UDHR. Egypt's counterterrorism laws have traceable roots to the pol itical developments within the state. Fo ll owing the res ignation of President Hosni Mubarak in response to protests in 20 II during the Arab spring, events in the state have taken the form of a heated power struggle between the Muslim Brotherhood and the Mili tary. Mohammed Morsi, a member of the brotherhood who was elected to succeed Hosni Mubarak was ousted in 2013 by General EI- Sisi, who was subsequently elected in 2014. In the wake of developing terrorist attacks, General EI -Sisi responded aggressive ly to clamping down on terrorist64 Until 2015 , the government had no clear strategies to counter terrorism65 Counterterrorism measures employed therefore included sweep in g arrest campaigns, media gagging and direct targeting of suspected groups of persons 66 Since his assumption to office, General EI-Sisi has targeted the Muslim Brotherhood, labelling them as a terrorist organ isation67 with principles hinged on AI-Qaeda68 As such, members of the Brotherhood have largely been vict ims of state-reported arrests of terrorists69 The current co unterterrorism law outlined above has evidently been used as a tool for the alienation ofa sect of society and political opponents. It has been crafted to target these groups and therefore serves as a tool for targeted state induced repression of political opponents other than a strategy against terror. 70 University of Ghana http://ugspace.ug.edu.gh 3.7 The Case of Kenya Kenya has also faced a number of terrorist attacks mainly from the terrorist gro up AI-Shabaab. The group is responsible for most of the terrorist attacks to the country including the Garrissa Uni vers ity attack. the Westgate mall attack and the bombing of various institutions in the country. 3.8 Counterterrorism Strategies Adopted To fight the menace and proteot human ri ghts of the populace, Kenya adopted strategies to counter terrori sm. These include th e Prevention of Terrorism Act enacted in 2012 and Anti- terrori st financin g/anti money laundering laws. 3.8.\ T he Prevention of Terrorism Act (POTA) 2012 Kenya's Prevention of Terrorism Act was enacted in 2012 as a guiding source in the fight aga inst terrorism in Kenya. The Act was amended in 2014 in the Amendment of the Security Law Act 20 14. Some portions of the Amendment were contested in Kenya's High Court, which ruled suspending some of those sections. The Prevention of Terrorism Act is an instrument relevant for the provision of measures to detect and prevent terrorist activities in Kenya.7o Part III of the Act is dedicated to offenses of terrorist nature and this is the main portion relevant to this research. A terrorist otTense according to the POTA could be, among others, the actual commi tting of the terrorist act, provision of resources for the committing the act, harbouring terrorists, recrui tment and traini ng of terrorists and the obstruction of a public officer from performing his duties in relat ion to a terrorist act.7 ! 71 University of Ghana http://ugspace.ug.edu.gh Paragraph 30A crimina lises the pub lication of offend ing materia l. It makes it an offense fo r a person to publish or say somethi ng ' li kely to be understood' as encouraging or inciting another to commit a terrori st act . This offense attracts a penalty of not more than 14 years im prisonment. " The clause ' likely to be understood' is fu rther defined as: "a publi cation or speech with intentions that can be reaso nably in ferred as, and with obvious intentions to incite a terrorist act". It however does not state who 's ' ability to infer ' will be the parameter for crimi nal is ing the action. In addition, Paragraph 30F of the Act crim inalises the dissemination of information and the publishing of materials capable of undermining investigation or compromis ing security operations, if it was done without approva l fro m the National Pol ice Service. Thi s offense att racts a max imum penalty of3 years im prisonment or a fi ne of 5mi llion Shillings or bOlh .73 The same paragraph also mentions the criminalization of the publishi ng and broadcasting of photos of vict ims of terrorism withou t approval from the victim or the Nat ional Police Service. Perso ns fo und gu il ty of this offense face the same penalty as the one earl ier menti oned. However, indiv idua ls are a llowed to publ ish 'general facts ' relating to terrorism.74 The Act does not defi ne what constitutes 'genera l facts'. The Act further gives a po lice offi cer the power to arrest a person when he has 'reasonab le grounds' to believe that that person has committed a terrorist act75 The paragraph however does not defin e what const itutes 'reasonable grounds'. Paragraph 35 of the Act limits certain rights of arrested terro rist suspects. These restrictions enab le the security serv ices to search the home, person, property of the suspect and seize his/her possess ions, as well as pry on hislher communication channels. 76 It also limi ts the freedom of express ion, media, conscience, religion, belief and opinion of the enti re Kenyan popu lace and allows fo r the confiscation of property used to commit an offense under the Act. 77 72 University of Ghana http://ugspace.ug.edu.gh A pol ice officer w ith rank equal to or hi gher than the Chief Inspector of pol ice may apply to a magistrate or a high court to intercept a suspect's communication. This limitation of the right to privacy is deemed relevant fo r detecting, deterring and disrupting terrorism.78 Also, paragraph 37 prescribes the power to seize property used to comm it a terrorist act for a period of 60 days. This is however subject to extension if the need arises. In add ition, the Cabinet Secretary is vested with powers to revoke registrations or refuse to register any organisation that he/she deems as associated to terrorist groups. This can be done through an application of an order at a hi gh court. And the affected parties are to be notified through a letter79 Finally, paragraph 48 prescribes the ability of the Cabinet Secretary to refuse foreig ners refugee status for the sake of national safety and security. This directive is app licab le when there are ' reasonable grounds' to believe that the person is associated with a terrorist group. Thi s shou ld however be done in line with International Convention on RefugeesSO Human rights organisati ons, po litical opponents and peop le belongi ng to the Islamic religion have been targeted by the Ken yan government whi le using the Terrorism Prevention Act as a facade. 3.8.2 Countering the Financing of Terrorism in Kenya Kenya is a member of the Eastern and Southern Africa Anti-Money Laundering Group. a Financial Action Task Force (FATF)-style regional bod y. In 20 13, the FA TF rem oved the country fro m its li st of countries with defic iencies in their anti-money laundering/countering the financin g of terrorism (AMUCFD strategies. This was as a result of strides made by the country towards AMUCFT8 ' 73 University of Ghana http://ugspace.ug.edu.gh Kenya's financi al intelligence unit , the Financial Reporting Center (pRC), was set up to moni tor the formal financia l system and the Centra l Bank of Kenya is mandated to encourage Kenyan citizens and res idents to patronize the form al fin ancial sector. This is because the formal fin anc ia l sector is easi ly mo ni tored and subj ect to regulato ry overs ight w hi ch helps to upturn overa ll financial transact ion integrity through greater financial inc lus ion. The country a lso has an active Financial Reporting Center (FRC) to address the formal financial systems and monitor formal financial act iviti es inc luding Mobi le Money transactions in the country.82 3.9 C riticisms of Kenya 's Strategies Kenya's vague de finiti on of terrori sm has even been criti cised by the UN Special Rapporteur on the Protection a nd Promotion of Human Rights whil e Cou ntering Terrorism. He pointed out that the overly broad de finiti on could affect the interpretati on of othe r sections of the then 2006 Bill and called for a clearer and more precise definition.83 Under the guise of counterterrorism. the Ken ya n government has armed itself w ith too ls needed to justify anti-democratic st rategies. arguing that the violation of certa in libert ies is a necessary ev il for a greater good of nationa l security. T he re have been reports that terrorist suspects arrested in Ken ya are subj ected to arbitrary detentions, inhumane treatments, were denied access to a lawyer and th e ability to cha llenge their detenti on. Foreigners who are arrested are also denied access to consu lar services 8 ' These act ions are aga inst the AU Charter on Human and Peoples Rights AI1icies 5 and 6. Artic les 5 and 9 of the UDHR, Art icle 7 of the OAU Convention on the Prevention and Combatting of Terrorism and Articles 7 and 9 of the ICCPR. 74 University of Ghana http://ugspace.ug.edu.gh Kenyan security authorit ies were reported to have arbitraril y detained more than 100 people between December 2006 and February 2017. T he persons detained inc luded chi ldren and fore ign nat iona ls, many of whom were potentia l asyl um seekers from confl ict-ridden Somalia85 T hi s v iolates Art icles 32 and 33 of the Conventi on on Refugees which prohibits the expe lling of refugees and resistance to their entry into a host state. Kenya's Law on terrorism has also been defined as ant i-Musl im and ethn ica lly discriminatory and thi s is because anti -terrorism measures have been carried out in predominantly Muslim regions of Kenya. 86 In 2010, the re ligious profi ling of terrorist suspects in Kenya led the cou ntry to an embarrass ing diplomat ic situat ion with the United Arab Em irates when members of the Royal fami ly were arrested, detained and deported on susp icion of bei ng terrorists. Dubai retaliated with an imposition of strict visa rules for Kenyan travell ers to Dubai87 Reli gious discrimination is a v io lat ion of Artic le 3 of the Convention on Refugee status, Articles 2, 7 and 9 of the UDHR, Art icle 2 of the Afr ican Charter on Human Rights and a v iolation of The Declaration of the Elim ination of Al l Forms of Intolerance Based on Rel igion and Belief. The use of torture in various mil itary camps in Kenya goes aga inst Art icles 5 of the UDHR, 7 of the ICCPR, 3 of the CAT and Article 5 of the African Chal1er on Human and Peoples Rights. The extortion of refugees at refugee camps is a lso a violation of Article 29 of the Convention on Refugees. Some sections of Kenya's Prevention of Terrorism Act also restricts human rights. Artic le 30A and F for instance restricts the freedom of expression enshrined in Articles 19 of the UDHR and ICCPR, and 9 of the African Charter on Human and Peoples Rights. Using paragraphs 35 and 37 of the POT A as a fayade , the Kenyan government in 20 15, froze the accounts of two 75 University of Ghana http://ugspace.ug.edu.gh well organi sed and respected Kenyan Human Rights Organisations88 Without followin g due process, the Kenyan authorities froze the acco unts of the MUHURI and Haki Africa, along with 83 other organi sations, accusing them of having links with terrorist organisations.89 It is believed that th is accusation is informed by the Religious affiliation of these groups and that the Kenyan government is targeting them because they are Is lamic groups. Invoking Paragraph 48 of the POTA, Kenya has threatened to close down the refugee camp which accommodates about 120,000 refugee, mostly Somalis. Th is coerced reparation of refugees is a v iolation of vo luntary reparation of the Refugee Convention 9 0 Kenya's threat to close down the refu gee camp a lso violates the princi ple of Non-refoulement enshrined in Article 33 of the Convention on Refugee. There have a lso been reports of abuses during counterterrorism operations in Nairobi and the North Eastern Prov ince, especially, incidences of forced disappearance and torture91 The North Eastern part of Kenya is highl y dominated by ethn ic-Somali Kenyans, many of w hom are Muslims. Kenya has therefore been accused of ethn ic and religious profiling in its counterterrorism measures. There are also a llegations of torture in the Wajir military camp. Bodies of persons who were arrested by state agents have been found in various parts of the North Eastern region, giving evidence to extrajudicial killings.92 Kenya has contributed troops to fight A I-Shabaab in Somalia in its "Operation Lind a Nchi" which means " protect the co untry." There are reports that Kenyas presence in Somalia on a counterterrorism mission is just a fayade to create an enclave in the southern Somali-Kenya border town of lubaland for security and econom ic reasons 93 During the colon ial era, vast land occupied by Somalis and be longing to the Somali people were given out to Ethiopia and Kenya 76 University of Ghana http://ugspace.ug.edu.gh by Co loni al masters. Somalia had tried in the past to regain their land using both diplomatic and mi litary means but have not been successful. Thus, there are al legations that Kenya's presence in Somalia is to protect the former's own interest. Kenya hopes to open up its Northern region, whi ch is where Juba land is located, and assert its economic interest in the region. Therefo re the phrase "Protect the country" is said to mean the protection of Kenya and not Somal ia94 The POTA gives powers to only the police officers to perform various security duties in counterterrorism, however, military personnel and Wi ldlife Service men with no legal mandate have also been seen arresting and detaining suspects. This is a clear vio lation of the national law governi ng cou nterterrorism. To make matters worse, the Kenyan government does not adm it to these abuses by its security forces, nor has it investigated or publicly condemned such acts95 3.10 Proposed Measures to Guarantee Human Rights Civ il society organisations need to be involved in the processes of counter terrorism and their op inions sought in the enacting of co unterterrorism laws to include the respecting of human ri ghts in counterterrorism. These organisati ons should also serve as watchdogs for the guaranteeing of human rights in co untering terrorism. Also, states should focus on developing thei r economy to prevent the youth from joining terrorist groups out of id leness. States should also engage the traditional societies in their counterterrorism strategies. In this case, the youth in such societies cou ld be cautioned and educated at the grass root level against joining terrorist groups and engaging in terrorist activ ities. 77 University of Ghana http://ugspace.ug.edu.gh Western countries should a lso desist from interfering in the internal affairs of African states such as the interference in Libya whi ch has left the state to serve as breeding grounds for terrori st organisations. African countries should adopt their very own Marshal plane, being circumspect of African cu lture and the root causes of terrorism in Africa. States in Africa should not take monies from Western state that will tie them to their counterterro r plans which may not necessarily work for Africa. 78 University of Ghana http://ugspace.ug.edu.gh End notes I Global Terrori sm Index, "Measuring and Understanding the Impact of Terrorism," Institute fo r Economics and Peace, 20 16. ' Ibid: 6 ' Ibid: 16 ' lbid:20 , Ibid: 14 6 Sampson, Isaac T. "Terrori sm in Nigeria: Contendi ng Perspectives on the Necess ity for a Comprehensive Legis lation." EBSU Journal of In ternational Law and Ju rid ical Stud ies I ( I). (2010): 4 1. 7 Sampson, Isaac Terwase, and Freedom C. Ontloha. '''Forcing the Horse to Drink or Making it Realise its Thirst'? Understand ing the Enactment of Anti-Terrorism Legis lation (ATL) in N igeri a." Perspectives on Terrorism 5.3-4 (201 1): 33. Availab le at http://www.terrorismanalysts.com/ ptlindex.php/potlarticlelview/ 1541305 ' Ibid : 38. 9 Federal Republic of N igeria. Economic And Financial Crimes Commission (Establishment) Act 2004. Section 15 & 46 10 Ibid: 43 . II Nigeria Federal Law. Banks And Other Financial Inst itutions (Amendment) Act, 2002. 12 Ibid: 45 . I) Federal Repub li c of N igeria . 'Terrorism Prevention Act.' 3 June 20 11. Availab le at http://www. lawnigeria.com/ LawsoftheFederationrrerrorism-(Prevention)-Act-20 11 .html 14 Ibid IS Ibid 16 Damais, A la in . "The Financial Act ion Task Force." Anti-Money Laundering: International Law and Practice (2007): 7 1. 17 Ibid. 18 Ibid. 19 Ibid. 20 Mohammed, Y. A. H. A. Y. A. The Role of Inter-Governmental Action Group Against A,foney Laundering And Terrorist Financing In West Africa (Ciaba) In Combating Money Laundering And Terrorist Financing Under The £COWAS Community. PhD Dissertation. 2015: I. Available at htlp:/lkubanni .abu.edlLng:8080i jspui, bitstream/ 123456789183 71/1.'TIIE%20ROLE%200F%20INTER- GOVERNMEN I AL%20ACTION%20GROU P%20AGAINST%20MONEY%20LAUNDERING%20AND%20 TERRORI ST";o20FINANCING%20IN%20WEST".20AFR ICA.pdf 21 Ibid : 4. "U.S Departmenl of State, "BU REAU OF COUNTERTERRORISM AND COUNTERING VIOLENT EXTREMISM : Country Report on Terrorism 2016," 15 April, 2017. 2) United States Department of State, "Narcotics Contro l Strategy Report Volume II lvloney Laundering and Financial Crimes." Bureau for International Narcotics and Law Enforcement Affai rs International, March, 2017. 24 Ibid. 2l Ibid: 57. 26 Sankore, Rot imi. "Anti-terrorism legis lation and democracy in Afri ca." (2008). available at http://www.peace.ca/antiterro rlegis lat ionafrica.hlm (accessed June 30 th , 2017) 21 Amnesty Internat ional, "N igeria: Trapped in the Cycle of Violence," I November 20 12, p.l. Available at: https:l/www.amnesty.org!enldocumenlslAFR44/043/2012/en/ [accessed 27 July 20 17] 2$ Solomon, Hussei n. "Counter-Terro rism in Nigeria: Responding to Boko Haram." The RUSf Journal. Vol. 157. No.2, 20 12, p. 9. Availab le al http://www.tandfonline.com/dol pdfll 0.1 080 03071847.2012. 714 183?needAccess=true " Ibid., p. 18 . 30 Ibid., p. 19. 11 Ibid. , p. 21. Jl Ibid ., p. 30. " Ibid .. p. 37. J~ Ibid., p. 40. J$ Amnesty InternatIonal. "Nigeria: Trapped in the Cycle of Violence:' I November 20 12. p.1. Available at: https:!/wwv".amnesty.orgien/documents·AFR44043i2012,'en, [accessed 27 July 2017] J6 Anyanwu Ikenna. "Anti-Terrori sm Laws and Fundamental Rights: The Nigeria Example" Journal oj Humanities and Social Policy Vol. 2, No.2, 2016, p. 10. 79 University of Ghana http://ugspace.ug.edu.gh )7 Ekundayo Vera, "Nigeria Terrorism Act : A Step Forward," The Punch Nigeria, 24th January, 2012 )8 VNHCR, "Convention and Protocol Relati ng to the Status of Refugees," UN Refugee Agency, Geneva, December 2010 . 19 Globa l Terrorism Index. "MEASURlNG AND UNDERSTANDING THE IM PACT OF TERRORISM n Institute for Economics and Peace, 2016. ' 40 U S. Departme nt of State, " Human Right Report," Country Reports on Human Rights Practices for 2016. Bureau of Democracy, Human Rights, and Labor. 41 http://economicsandpeace.orglwp-contentluploads/20 16/ 11/G lobal-Terrorism-lndex-20 16.2.pdf 42 Arab Republic of Egypt, " Egypt Anti-Terror La".. ' ," Offic ial Gazette - No. 33 (his). August 152015: Down loaded from http://www.atlanticcounci l.orglimagesfEgyptSolircelEgypt Anti-Terror Law Trans lat ion.odf 41 Ibid: 3 . .. Ib id. pp. 4-9. " Ibid: 4. 46 Ibid: 9. " Ibid : 9-10. " Ibid : 10. 49 Ibid : II . so Ibid: 11-1 2. " Ibid : 12. 52 Ibid: 12, 13. II Ibid : 13. S4 Ibi id: 13, 15. S5 U.S Department of State, "Country Report on Terrorism 20 16," 15 April, 20 17. 56 Ibid . 57 Albawaba, "U.S. State Department report values Egypt's Anti-Money Launderi ng and Anti-Terrorism Financi ng e fforts." 2 1 July 20 17. 58 United States Department of State, "Narcotics Control Strategy Report Volume II Money Laundering and Financial Cr imes," Bureau for Inte rnational Narcot ics and Law Enforcement Affai rs International, March, 2017. s9 lbid. 60 Amnesty Internationa l. "Memorandum: Egypt's Orafl Law On Counter Terrorism" Mde 121226912015. 12 August 201 5: 3. Ava il able at https:liWW" .amnesty.orgldownload/DocumentsltvIDE I222692015ENGLlSH.pdf 61 Ibid o~ Ibid 03 Egypt Anti-Terror Law. August 15111,20 15. Downloaded from http://www.atlant iccounci l.org/images/EgyptSource/Egypt_ Anti -Terror_Law_ Translat ion. pd f 64 Egypt, Counterterro ri sm and the Polit ics of Alienation. http://carnegieendowmenLorg/2014/08/20/egypt- counterterrorism-and-politics-of-aliemltlon-pub-56428. Accessed on lOth August, 20 17 oS The Taillf Inst itute fo r [\,liddle East Studies (20 \5). East Egypt's Rising Security Threat pg. 6-16 66 lbid 67 EGYPT DE L/\R ES MUS LI M BROTHERHOOD A TERRORI ST GROUP. IlrrpS:IW \\ W.TlI CGUARD I AN.CO~,IIWORI.D 20 I 3IDECi25IEGYPT-DECLARES-MUSLIM- BROTHERIIOOD-TERRORIST-GROUP. ACCESSED ON lOT" AUGUST. 2017 toS Egypt, Counterterrorism and the Politics of Alienat ion. http://carneo ;eendowmentorg/2014/0820/egvpt- counterterrori slll-and-politics-of-alienation-pub-56428. Accessed on lOth August, 20 17 oil The Tahir Institute fo r Middle East Stud ies (2015). East Egypt 's Rising Security Threat pg. 6-16. 70 Republic of Kenya. ' Preventio n of Terrorism Act.' Act no. 30 0[20 12. Issued October 2012. Ava ilable at http://\''''\ '' .kenyal''\\'.o rg 'Ie:\ 'aetv i ~w . .\:9 I?actid-No I) o2030~~o20o~ 0202012 71 Ibid : par . 4. 5, 10, 12e, \3, 14, 16. 12 Ibid: par. 30t\. n Ibid : par. 30F. " Ibid: par. 30F(2&3) " Ibid : par. 3 1. " Ibid: par. 35(2&3) 71 Ibid: 35C&E. " Ib id: par. 36A. 7'1 Ibid: par. 46. tlO Ibid. , par. 48. III US Department o f State. "Country Reports 0 11 Terrorism 20 13". Washington DC, United States. (2014): 49. " U.S Department o r State. "BUREAU OF COUNTERTERRORISM AND COUNTERING VIOLENT EXTREMIS1\t: Countl") Report on Terrori sm 2016," 15 April. 20 17. 80 University of Ghana http://ugspace.ug.edu.gh " Reprieve and Redress, "KENYA AND COUNTERTERRORISM: A TIME FOR CHANGE," A Report by REDRESS and REPRIEVE, February 2009, p. 48. " Reprieve and Redress, "KENYA AND COUNTERTERRORISM: A TIME FOR CHANGE," A Report by REDRESS and REPRIEVE, February 2009, p. 5. 85 Ibid. 86 Andrews Atta-Asamoah. 'Co unter-Terrorism and the National Security of African States: Points of Convergence and Departure'. Journal a/Security Sector Management, Vol. 6(1) March 2008: 1-10 87 Ayi nde 0 Chase. All Headline News. 'Kenyan Officials Head to Dubai to end Deportation Plap ' AHN, Nairobi(27th April 2010) Avai lable at http://www.allheadlinenews.com/ArticJesJ70 18523849?Kenyan%200fficia!s%20 Head%20To%20 Dubai%20To %20End%20Deportation%20Flap 88 International Service for Human Rights. ' Kenya: stop using Anti-Terrorism Laws to Target Human Rights Defenders and Guarantee Due Process.' 13 April 201 5. Available at http://www. ishr.chlnewslkenya-stop-using- anti -terrori sm-Iaws- larget-human- rights-defenders-and-guarantee-due-process 89 Ib id. 90 Human Rights Watch, ' World Report 2017: Kenya Events of20 16, ' 20 17 Available at hnps:/Iwww. hrw.org/world-reportl20 17/country-chapterslkenya 9 1 Human Rights WaH::h. 'Abuses in Counter Terrorism Operations in Nai robi and North Eastern Kenya.' 20 July 20 16 . Availab le at https:llwww,hrw.orglreportl20 16/07/20/deaths-and-disappearances/abuses- counterterrorism-operations-nai robi -and 92 Ibid . 93 New Africa Magazine, ' Why Kenya is fighting in Somalia,' 1 April 2012. Availab le at http://newafri canmagazine.com/why-kenya-is-fighting-i n-soma lia! 9-1 Human Rights Watch," Criminal Reprisa ls: Kenya Police and Military abuses against Eth nic Somal is," 4 May 20 J 2. Avai lable al https:/Iwww. hrw.orglreportl20 12/05/04/cri minal-reprisal slkenvan-oolice-and-military- abuses-aga inst-ethnic-somalis 95 Human Rights ',.Vatch, 'World Report 2017: Kenya Events of 20 16,' 2017. Available at https:/Iwww. hrw.orglworld-reportl201 7/countrv-chapters/kenya 81 University of Ghana http://ugspace.ug.edu.gh CHAPTER FOUR SUMMARY OF FINDINGS, C ONCLUSION AND RECOMMENDATIONS 4.0 Introduction The study sought to exam ine the ethical approach to counterterrorism by rev iewing some Afri can States' co unterterrorism strategies and j uxtaposing those strategies with human rights instrum ents . The concept of Human Rights was ad opted to examine ethi cs in counterterrorism in Africa. Considering the prevalence of Human Right abuses in Africa in the name of counterterrorism, the study sought to test the hypothesis 'Adopted counterterrorism measures by African states are likely to pose a threat to the deli cate human r i ght~ si tuat ion on the co nt inen t'. The obj ectives of the study were to expl ore the exam ine terrorism and counter terrorism in Afri ca and ident ify the ethical approach to co unterterrorism by African states. 4.1 F indin gs of the Study The recent reemergence of terrorism has ca lled fo r numerous responses from states, regional bodi es and Internati onal Organizations to co unter the globa l menace. Across all fro nts, terro rism is seen as a maj or threat to global peace and security. This is primed on the number of deaths and counts of destructi on that terrori sm has caused to states on the African content. Terrorist acts violate hu man rights and have the tendency of c lawing back strides made in the guaranteeing of human ri ghts on the continent. In 200 1, the UN Security Cou ncil 's Reso lut ion 1373, called on members to enact domestic laws to counter terrorism . The domestic counterterrorism laws and strategies of Nigeria, Egypt and Kenya were rev iewed to find out their compatib ility with var ious human rights instruments and the fo llowing findings were made: 82 University of Ghana http://ugspace.ug.edu.gh First, the definitions of terrorism in respective anti-terrorism laws of the three states were considered fl awed. The defi niti ons were laden with loose language, making the inference of the d ifference between a terrorist act and a vio lat ion ofa civil law difficult. Due to the presence of natura l resources in Afri ca, the continent is a fe rtile ground fo r the fi nancing of terrorism. The porosity of borders, corruption of border officials, smuggling of small arms, dru g and human trafficking and donor funding were found as sources of fund ing for terrorist groups in Africa . Reli gious militancy was also found out as the major cause of terrorism in Africa. The majority of terrori st groups on the continent are Islamist Jihadist-Sala fi st movements w ith the aim of Islamiz ing their country/region and subjecting the region to the rul e o f Shari'a law. Their ultimate a im is a globa l ls lamized world and they seek to do this by a global jihad against western culture. Counterterrorism strategies and laws of a ll three countries necessarily undermine human rights of citizens and inhabitants of the respective states, especia ll y the rights of c ivil society groups, media ho uses and journalists. and human rights act ivists. The rights to life, dign ity of the human person, pri vacy, free and rair tri a l. freedom fro m a ll forms of discrimination, unlawful detainment, torture, assoc iation and expression, the presumption of a suspect innocent until proven guilt y, and the rights ascribed to refugees a re some of those which the counterterrorism strategies fe ll short of. Finally, the vio lat ion of human rights in counterterrorism could work at counter-purpose and in the long run. facilitate the recruitment or terrori sts. 83 University of Ghana http://ugspace.ug.edu.gh The study identified a number of ways which can help to guarantee human rights w hil e countering terrorism . One of such ways is the state invo lvi ng c iv il society organisat ions in the processes of making counterterrorism laws and adoption of counte rterrorism strategies. A lso, states shou ld focus on developing their economy to prevent terrorism from taking root in the country. A ll persons shou ld be entit led to a pi ece of the national cake, and there should be no discriminat ion in a ll otting national resources to a ll parts of the country. 4.2 Conclusion Terrorism has posed a threat to national security, and in some instances, counterterrorism meas ures a lso pose as a threat to some groups of people in Africa, such as minority groups and pol itica l opponents. T his threat posed cou ld be accidental or these groups of people could be de liberate ly targeted by govemments. Counterterrorism measures adopted by most African state are happening in a knee-j erk fashion and are becoming an end in itself, instead of safegua rding the security and human rights of citizens. 4.3 Recommendations From the findings of the stud} and the identi fi ed exist ing gaps, the following recommendations are suggested: African states should focus on the development of the countrys ide or rural areas as these are the areas that often times, terrorist groups emerge from. Underdeve lopment and low standards of living in these areas make them fertile grounds for radicalism to take root and makes room for the recruitment of terrorists. Government should invest in education in those areas and open up factories or industries to keep the youth occupied. Small and medium-scale enterprises in 84 University of Ghana http://ugspace.ug.edu.gh these areas should be granted access to soft loans, or offered start-up capita l to help boost their trade. The African Union should come up with clear markers, invo lvi ng counterterrorism and Human Rights which show clarity on how counterterrorism measures should safeguard the rights of people. The Union should also ensure that these markers are adhered to by member states. The organization shoul d also set up an oversight commissio n such as the African Peer Review Mechanism to see to the adherence of member states to counterterrorism measures that respect human rights. The Afr ican Uni on shou ld also adopt a Regional Court of Appeal to which petitions and appea ls can be brought before in cases of violations of human rights. This court of appeal should also be ab le to s it on cases invo lving victims of counterterrorism-human rights violations and see to the reparat ion of such victims. The African Cou rt of Appeal sho uld be given the powers to fin e or invoke sanctions on states who are found to be perpetrators of human rights abuses in their counterterro ri sm measures. This wil l, to a large extent, discourage states from adopting counterterrorism measures that vio late human ri ghts and could reduce the number of released detainees who would join terrori st groups to seek vengeance. States should conduct in vestigations into allegations of human rights abuse by security offi cers, findin gs of such in vestigations must be publ ished, and perpetrators fo und gui lty, shou ld be punished. States shoul d openly condemn counterterrori sm acts that viol ate hum an ri ghts and adopt laws spec ifica ll y to address the issue of human righl abuse in co unterterrorism. This la" should prosecute security officers who violate human rights using counterterro rism meas ures. 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