Focus on terrorism, and the challenge for the AU

If Africa's role in the "global war on terror" is to be taken seriously, African governments must put in place effective legal tools to translate their commitments into action.

A recent report by the Pretoria-based Institute for Security Studies (ISS) said that despite overwhelming support from African leaders for the US-led campaign against international terrorism, the continent still lagged behind in implementing some of its obligations.

"Perhaps the biggest shortfall in Africa's engagement in the global campaign against terrorism is the absence of a continental mechanism to support the required cooperation between states," the report said.

The collaborative study between South African and Ethiopian scholars titled "Africa and Terrorism", outlined how international terrorism had undermined global security.

Africa, the study noted, despite its economic marginalisation in the world, had been drawn into the collective response to the "new post-Cold War threat", and would have to deliver on its commitments.

The report said that although African concerns about terrorism had obviously intensified in recent months, as far back as 1992 the Organisation of African Unity (OAU) had adopted a resolution to enhance cooperation in order to fight extremism.

The OAU adopted the Convention on the Prevention and Combating of Terrorism (the Algiers Convention) at its 35th Ordinary Session of the Assembly of Heads of State and Government in 1999 in Algiers.

A number of the contributions to the ISS study reflected on various aspects of the Algiers Convention. They noted the glaring exclusion of any reference to an enforcement mechanism in the event of a country not acting in accordance with the provisions of the convention, or of effective monitoring mechanisms to measure the compliance of states to their legal commitments.

"Ratification and enactment of the Convention remained halting and slow, even after the events of 11 September 2001," the report said.

Following the attacks on New York and Washington last year, the OAU sought to reinvigorate the African contribution to the global campaign against terrorism.

The Constitutive Act of the African Union (AU) this month declared its demand for "respect for the sanctity of human life, condemnation, and rejection of impunity and political assassination, acts of terrorism and subversive activities".

In considering the key challenges that should inform a comprehensive approach by the AU, which replaced the OAU, to combating terrorism, the study highlighted a number of concerns.

African governments would have to come to terms with the close links between terrorists, organised crime and money laundering, the report said.

"The same networks that support arms trafficking, the use of mercenaries and illegal human trafficking often provide the means for terrorism," the study said.

It added that mercenaries obtained their arms through the same illegal channels which could be connected to the drug market. They needed the same counterfeit experts to obtain passports, travel documents and access to controlled areas.

The report also raised the concerns of several NGOs that human rights could be suspended by governments on the pretext of fighting terrorism.

"The dilemma for Africa is the need to act against terrorists as a national security risk without destroying the often tenuous rule of law that exists. There is a need to ensure that those legal tools do not undermine values that are fundamental to democratic society," the report noted.

Human rights activists are concerned that governments in Africa could see an opportunity to label opposition forces as terrorists.

In Zimbabwe, President Robert Mugabe recently accused members of the opposition of being terrorists. Since 11 September, the government has used existing and new laws to allegedly harass and intimidate members of the opposition and independent journalists.

In Kenya, members of the Muslim community complain of harassment by government security forces.

In several other African countries like Swaziland, governments are enacting new security laws ostensibly to combat terrorism.

The report concluded that international developments since the 11 September attacks required a revision of all the anti-terrorism efforts that went before.

"Perhaps most important, unlike initiatives such as those regarding drugs and refugees, African leaders have yet to agree on an action plan to translate their commitment regarding the Algiers Convention into action, to mobilise the resources for such an action plan and to monitor its compliance. This endeavour, more than most, is one worthy of a concerted action by African leaders," the report said.