ACHPR 85: Combating terrorism with justice, transparency, and respect for human rights – International Service for Human Rights

Report on Extrajudicial Killings in African Counter-Terrorism Operations and Implications for Sustainable Development Goals

Introduction

A panel moderated by Commissioner Idrissa Sow, Chairperson of the African Commission, convened to address the critical issue of extrajudicial killings occurring within the context of counter-terrorism operations in Africa. The discussion, featuring representatives from Human Rights Watch, Amnesty International, and the UN Working Group on Enforced or Involuntary Disappearances, examined the trend of states misusing legislative and institutional counter-terrorism measures, leading to severe human rights violations. This practice directly contravenes states’ primary responsibility to protect civilians and undermines progress towards several key Sustainable Development Goals (SDGs), particularly SDG 16, which promotes peace, justice, and strong institutions.

Key Findings and Regional Trends

The panel identified a disturbing pattern where counter-terrorism strategies are weaponized against civilians, human rights defenders (HRDs), and political opponents. Instead of providing security, these measures result in a range of abuses that destabilize communities and erode the rule of law.

• Affected Regions: Countries noted for these trends include Burkina Faso, Mali, Niger, Nigeria, Mozambique, and the northern region of Togo.
• Human Rights Violations: Reported abuses include enforced disappearances, acts of torture, summary executions, and sexual violence, with women being subjected to rape.
• Targeted Groups: The violence is not indiscriminate, often targeting entire communities and political adversaries under the guise of fighting terrorism, sometimes with the involvement of external mercenaries.

Impact on Sustainable Development Goals (SDGs)

The misuse of counter-terrorism measures has a profound negative impact on the achievement of the 2030 Agenda for Sustainable Development.

• SDG 16: Peace, Justice and Strong Institutions: The practice of extrajudicial killings is a direct assault on Target 16.1 (significantly reduce all forms of violence and related death rates). The lack of investigations and accountability for these acts undermines Target 16.3 (promote the rule of law and ensure equal access to justice) and Target 16.6 (develop effective, accountable and transparent institutions). Furthermore, threats against HRDs and journalists who document these cases violate Target 16.10 (ensure public access to information and protect fundamental freedoms).
• SDG 5: Gender Equality: The use of rape as a weapon in these operations is a gross violation of human rights and a significant barrier to achieving Target 5.2 (eliminate all forms of violence against all women and girls).
• SDG 10: Reduced Inequalities: When counter-terrorism tactics are used to target specific communities or political opponents, it exacerbates societal divisions and undermines Target 10.2 (empower and promote the social, economic and political inclusion of all).

Recommendations for an SDG-Aligned Approach

To address these violations and realign counter-terrorism efforts with international human rights law and the SDGs, the panel proposed the following measures:

1. Adopt a human rights-based approach in all counter-terrorism strategies to ensure the protection of civilians, in line with SDG 16.
2. Conduct prompt, impartial, and effective investigations into all cases of abduction and extrajudicial killing to ensure justice and uphold the rule of law (SDG 16.3).
3. Ensure all anti-terrorism measures conform strictly with international human rights frameworks, reinforcing the principles of SDG 16.
4. Enhance state accountability for human rights violations and provide effective reparations for victims, strengthening institutional integrity (SDG 16.6).
5. Implement robust measures for the protection of HRDs and journalists, who are essential for transparency and accountability, thereby supporting SDG 16.10.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions

  This goal is central to the article, which focuses on the failure of state institutions to protect civilians. It discusses human rights violations such as extrajudicial killings, enforced disappearances, and torture committed by states in the name of counter-terrorism. The call for accountability, investigations, and adherence to international human rights frameworks directly addresses the core principles of SDG 16.

• SDG 5: Gender Equality

  The article explicitly mentions that as a consequence of misused counter-terrorism tactics, “women are raped.” This directly connects the issue to SDG 5, which aims to eliminate all forms of violence against women and girls.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 16: Peace, Justice and Strong Institutions

  • Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.

    The article’s main subject is “Extrajudicial Killings” and it details how civilians become “victims of violence” and “are killed” in countries like Burkina Faso, Mali, and Nigeria. This directly relates to the goal of reducing violence and death rates.

  • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

    The article highlights that states adopt “legislative and institutional measures” that are used to “perpetrate human rights violations.” The proposed solutions, such as ensuring “conformity of anti-terrorism measures with international human rights frameworks” and enhancing “States’ accountability regarding the respect of human rights and reparations for violations,” are calls to strengthen the rule of law and access to justice.

  • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

    The panel’s recommendation for the “Protection of HRDs and journalists, more exposed due to cases’ documentation” directly addresses this target. It acknowledges the vital role of human rights defenders and journalists in documenting violations and the need to protect their fundamental freedoms.

• SDG 5: Gender Equality

  • Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres.

    The article’s statement that “women are raped” as a consequence of misused counter-terrorism tactics is a clear instance of gender-based violence in the public sphere, making this target highly relevant.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• For Target 16.1 (Reduce violence and death rates):

  • Indicator 16.1.1: Number of victims of intentional homicide per 100,000 population.

    The article’s focus on “extrajudicial killings” and civilians being “killed” implies that tracking the number of such deaths is a key measure of the problem’s scale and any progress in reducing it.

• For Target 16.3 (Promote the rule of law):

  • Implied Indicator: Number of official investigations into human rights violations.

    The recommendation to “Conduct investigations on abduction cases” implies that the number and outcome of such investigations would be a direct measure of a state’s commitment to accountability and the rule of law.

• For Target 16.10 (Protect fundamental freedoms):

  • Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel… and human rights advocates.

    The call for the “Protection of HRDs and journalists” directly implies that measuring attacks against them is crucial. This official indicator perfectly captures the concern raised in the article.

• For Target 5.2 (Eliminate violence against women):

  • Indicator 5.2.2: Proportion of women and girls subjected to sexual violence by persons other than an intimate partner.

    The mention of women being “raped” in the context of conflict and counter-terrorism operations points to the need to measure instances of sexual violence perpetrated by state or non-state actors, which this indicator addresses.

4. Summary Table of SDGs, Targets, and Indicators

Source: ishr.ch