AFRO-NETS> New antiterrorist legislation and human rights

[Claudio Schuftan <aviva@netnam.vn>]

New antiterrorist legislation and human rights
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From: <pambazuka-news-admin@pambazuka.org

SEPTEMBER 11 - AND ITS IMPLICATIONS FOR AFRICA 

Rotimi Sankore 
(excerpts) 

No one in his or her right mind will deny that the key problems fac-
ing Africa today are those of economic underdevelopment, poverty, 
lack of democracy and human rights. The proportions are different in 
all countries but the problems are the same. Without democracy and 
human rights, the problems of economic underdevelopment and poverty 
in Africa will never be fully addressed. Prior to September 11, the 
rhetoric from a significant number of African governments suggested 
that even if not fully committed to good governance, human rights and 
democracy, many of them at least recognised the need to be seen to 
walking in that direction. After September 11, such rhetoric did not 
necessarily diminish but became qualified with "recognising the need 
to fight terrorism". Many governments which for years have resisted 
the pressure from civil society to enact legislation, or adopt good 
practice upholding freedom of expression, assembly, association and 
other key rights, have suddenly began rushing through "anti-terrorism 
legislation" curtailing those same rights. In many of cases, the pro-
visions of the laws are so broad that even peaceful and legitimate 
democratic opposition can be targeted as "terrorists".

Some countries have adopted or are at advanced stages of adopting 
"antiterrorist" legislation that restricts freedom of expression, as-
sociation and assembly, could define certain peaceful activity as 
abetting terrorism, erodes the right to a fair and open trial, le-
gitimises arbitrary and prolonged detention, and increases powers of 
surveillance. Many more African countries are openly considering 
similar legislation. Several Amnesty International reports document 
such an international cover for less democratic countries. In many 
cases, some of these laws adopted in Africa could have been borrowed 
almost directly from US or UK laws.

The direct implication of this is an "unholy and unlikely" alliance 
of a variety of governments against civil liberties in the name of 
fighting terrorism. Add to this the contradiction of key EU govern-
ments and the US administration turning a blind eye to "allied" un-
democratic governments while condemning others. The war on terrorism 
should not and cannot be fought outside an ethical framework. Any 
policies that sacrifice human rights for this war will only succeed 
in fuelling the conditions in which terrorists thrive. African civil 
society needs to make it clear in policy and advocacy that they are 
one hundred percent opposed to terrorism, but also one hundred per-
cent committed to democracy. There is no contradiction in this. There 
is nothing anti-American about upholding democratic rights. There 
should be absolutely no doubt that any laws that curtail freedom of 
expression, association, assembly, and so forth in Africa will be 
used against democratic opposition and human rights activists. It is 
therefore important to begin now to call for the immediate repeal of 
all provisions of anti-terrorism legislation that promotes the sup-
pression of human rights and for a halt to such legislation in Af-
rica. Not to do so may plunge Africa into strife and conflict from 
which it may never emerge. 

--
Claudio Schuftan
Hanoi, Vietnam
mailto:aviva@netnam.vn

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