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The Political Economy of Reforms in Ethiopia1991-2005 

The Image of Africa

Combat Terrorism, Protect Human Rights

S

eptember 11 terrorist attacks resulted in thousands in death or disappearance and property losses measured in billions of US dollars.  The psychological scars suffered by people caused by the scenario of terror cannot be measured in numeral terms.  The indifference of terrorism to human lives and property created by humankind constitutes serious threat to and violation of human rights, especially the right to life and the “free from fear”, entitled by every person, as proclaimed by Universal Declaration of Human Rights.  

Terrorist activities have a long history and their threat to and infringement on human rights have been a concern of the international community for long time.  Vienna Declaration and Programme of Action, adopted at World Conference on Human Rights on June 25, 1993.   Which is the first UN international human rights instrument addressing the issue of “terrorism and human rights” in a straightforward and unambiguous manner, states that “the acts, methods and practices of terrorism in all its forms and manifestations” “are activities aimed at the destruction of human rights, fundamental freedoms and democracy”, and “the international community should take the necessary steps to enhance cooperation to prevent and combat terrorism” i.    

Since 1994, the United Nations Commission on Human Rights adopted resolutions entitled Human Rights and Terrorism ii on yearly basis, which states “terrorism, regardless of their motivations, in all their forms and manifestations, wherever and by whomever committed, as acts aimed at the destruction of human rights”.  Also, “condemns the violation of the right to live free from fear and of the right to life, liberty and security” by terrorism, and expresses the conviction “that terrorism, in all its forms and manifestations, wherever and by whomever committed, can never be justified in any instance, including as a means to promote and protect human rights” iii.   

On April 17, 1998, the United Nations Commission on Human Rights adopted resolution 1998/107, approving the appointment of Ms. Kalliopi K. Koufa as special Rapporteur for “Human Rights and Terrorism”, to advance the study of this issue iv.   In her report submitted in 1999, Ms. Koufa concluded that “various agents of terrorism pose” “actual and potential threat” “to human rights and freedom” V.  

Since the 1960s, terrorist activities have been at rise worldwide, with a tendency of international complications, which became a common threat to the international community as a whole.  It gradually became the common resolution of the international community to suppress terrorism and protect human rights.  And the elaboration of global conventions in suppression of terrorism has been on the top of the priority list of international legislation for the last three decades.  “Faced with the alarming increase of terrorist acts interfering with civil aviation”, the 1960s saw “the adoption under the auspices of the International Civil Aviation Organization of a group of conventions relating to aviation safety” vi,  including Convention of Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, Convention for the Suppression of Unlawful Seizure of Aircraft, singed at the Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded at Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on February 24, 1988. 

During the Olympic Games at Munich, 11 Israeli athletes were kidnapped and subsequently killed by terrorists.  The terrorist atrocity shocked the world community.  By a note to the Member States of the United Nations, dated September 8, 1972, the then UN Secretary-General Kurt Waldheim requested that the General Assembly include measures to prevent terrorism in the agenda of its twenty-seventh session as an additional item of important and urgent character.  On December 18 of the same year, UN General Assembly adopted resolution 3034, providing for the setting up on an ad hoc committee, consisting of 35 members, to study the issues relating to international terrorism. vii 

Ever since then, the prevention and suppression of terrorism has constituted one of the main tasks of UN and related international organizations.  As the result, 8 global anti-terrorism conventions were adopted, namely, convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents, adopted by UN general assembly on December 14, 1973, International Convention against the taking of hostages, adopted by UN general assembly on December 17, 1997, convention on the physical protection of nuclear material, singed at Vienna on March 3, 1980, convention for the suppression of unlawful acts  against the safety of maritime navigation, singed at Rome on March 10, 1988, protocol for the suppression of unlawful acts against the safety of fixed platforms on the continental shelf, signed at Rome on March 10,1988, convention on the marking of plastic explosives for the purpose of detection, singed at Montreal on March 1, 1991, convention for the suppression of Terrorist Bombings, adopted by UN General Assembly on December 15, 1997, and International Convention for the suppression of financing of terrorism, adopted by UN General Assembly on December 9, 1999. 

The above-listed 12 anti-terrorism international conventions provide States Parties thereto with legal framework to cooperate in combating terrorism.  The provisions of the conventions have different emphases and have developed and evolved significantly in the course of their elaboration.  However, they basically include the following provisions:  

  1. States Parties undertake to establish as criminal offences under their domestic law the terrorist activities covered by anti-terrorism conventions;

  2. Such criminal acts are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature;

  3.  States Parties shall not grant asylum to any person involved in terrorist offence;

  4. States Parties shall establish broad criminal jurisdiction over such criminal acts;

  5. States Parties shall  take measures to detain person who is found in their territories and involved in terrorist offence;