MEDIA REPORTAGE FOR THE COUNTER TERRORISM REPORTS PREPARED BY SPACES FOR CHANGE|S4C WEST AFRICA
On January 29, 2025, Spaces for Change (S4C) isunveiling two exceptional reports titled Security First! The Impact of Security Laws on Civic Space in West Africa and Mapping Civil Society Engagement in Africa-led Peace Operations. These comprehensive reports focus on counter terrorism operations in West Africa, examining the region’s legal frameworks for countering terrorism, their implementation processes, the localized peace operations, their adverse effects on thecivic space, and the role of civil society organizations in counter terrorism operations. Spanning eight chapters and over 100 pages, these reports offer in-depth insights into these and other critical issues. Below are some key findings from the reports:
The amalgamation in Nigeria and Liberia is described as ‘forced marriages’ because it merged diverse groups into one political unit without considering their socio-political differences, leading to ethnic and tribal tensions and internal divisions. These tensions, economic disparities, and power struggles contributed to military coups, distancing the region from democratic rule. Civil wars in Sierra Leone, Liberia, and Burkina Faso, fueled by resource-driven agendas, resulted in splinter forces attempting to overthrow governments. Life presidencies also sparked protests against tenure extensions, leading to violence and coups, as seen in Burkina Faso and Niger.
The report found that among the countries in the region, the definition of “security’ has been expanded to not just cover its evolving nature but to the point where fundamental rights and freedoms are being threatened. The report also found that international pressures to outlaw terrorism, technological advancements, economic disparities and crime, and the unconstitutional change of governments, among others, contribute greatly to this expansion to the point where human rights violations are considered integral to the definition of security.
The report found that rise in terrorist-related deaths with a staggering 23,322 as of 2022, various countries particularly those in the Sahel-Saharan region and the ‘Horn of Africa’ rolled out counter terrorism initiatives at the national and multinational levels to restore peace, social and economic development in the affected regions. These initiatives which take the form of African-led peace operations numbering 38 have been deployed to 25 countries since 2001, signalling a localized ownership over conflict management in Africa.
All countries grant security control to the President, except Burkina Faso, where the Prime Minister, appointed from the National Assembly majority, oversees defense and security forces. Some nations have dedicated counterterrorism units, such as Ghana’s NCTFC, Senegal’s CICO, and Nigeria’s NCTC, while others, like The Gambia and Sierra Leone, delegate these duties to the National Security Office or Adviser. Guinea Bissau relies on multiple ministries. Across the region, armed forces play a crucial role in combating terrorism.
African-led peace operations have driven regional collaboration in counterterrorism and peacebuilding, with states aligning at sub-regional, regional, and continental levels to restore stability and foster development. Given the delays and complexities of international peacekeeping, African nations have localized these efforts, leveraging regional organizations such as the Group of Five for the Sahel Joint Force (FC-G5S), the Alliance of Sahel States (AES), the Accra Initiative (AI), and the Multinational Joint Task Force (MNJTF), alongside continental bodies like the African Standby Force (ASF) and the Committee of Intelligence and Security Services of Africa (CISSA). The success of these initiatives is attributed to Africa’s growing regional capacity, localized conflict management, and the flexibility, innovation, and contextualization of responses. As a result, there has been a significant shift from international to regional peacekeeping, reflecting Africa’s commitment to self-driven security solutions.
The report found that the focus of some countries in the region on countering terrorism has completely overtaken their security agenda given the frequency of terrorist attacks. This has gone on to justify the need for the establishment of additional dedicated units to counter terrorism in these countries like Nigeria, Burkina Faso, and Niger. Also, this has contributed, among others, to the militarization of all security challenges as seen in the case of Nigeria where 29% of its total military forces had been called upon to assist civil defence agencies. This has deepened the human rights crises in the country as reported in the cases of the Nko and Onyadama communities of Cross River State, and the Okuama and Okoloba communities of Delta State.
The 9/11 attacks and other acts of terror by the various terrorist groups operating in the region which haveresulted in the loss of thousands of lives and properties led to the enactment or revision of the legal frameworks for security governance in the region. These laws are enlarged as the notion of security enlarges, introducing new offences, prescribing punishments for acts of terror and expanding to other types of crimes like cybercrimes, armed robbery, tax and financial crimes, prevention and control of the proliferation of small arms, and so on.
The report found that some countries in the region adopted or enacted security laws in compliance with international obligations like the United Nations Global Counter-Terrorism Strategy which requires state parties tocollectively agree to a common strategic and operational approach to fighting terrorism and violent extremism in their respective countries. This strives for security laws have seen countries in the region enact laws that combat terrorism financing, regulate NPOs, ensure preparedness for proximity-based responses, and prescribe punishment for violent crimes.
Some West African countries, like Nigeria, Ghana, Benin, Niger, Sierra Leone, and The Gambia, have dedicated security laws covering terrorism financing, cybercrime, and NPO regulations. In contrast, Togo and Burkina Faso rely on existing laws, criticized for being vague and overreaching, often infringing on constitutional rights. Both countries have used State of Emergency Laws to combat terrorism. Burkina Faso’s Penal Code, not originally designed for terrorism or cybercrime, has been broadened to include offences like demoralization and spreading “false information.” The report finds their definitions of “terrorism” misaligned with UN Security Council standards.
The report highlights the widespread misuse of security laws across West Africa. Examples include Benin’s expanded terrorism definition, Guinea Bissau and Sierra Leone’s criminalization of protests, and The Gambia’s 2020 crackdown on demonstrators. NPO regulations have led to forced closures, such as Nigeria’s Action Against Hunger in 2019 and NGO suspensions in Adamawa in 2023. Other cases involve penalizing speech and morality, like Senegalese rapper Deese Major and LGBTQ organization bans in Togo and Nigeria. While intended to combat terrorism, these laws have been widely misapplied, leading to severe human rights abuses.
The dependence on foreign entities to support these operations through funding and logistical support opens the door to external interference in the affairs of African states. The support includes but is not limited to the EU’s African Peace Facility’s allocation of over 2.7 billion Euros to support peace-led operations in Africa. It has been argued that this and other forms of support including the overbearing role of dictating the peace process by these donor and external actors amount to ‘conflict management imperialism’. Other gaps include over-securitization and militarization, limiting engagements with CSOs, and the complicity of state actors in orchestrating or deepening regional conflicts.
It goes without saying that (based on the report) the judiciary across the West African region exercises an oversight role on both the executive and legislature to ensure that their powers are limited to the provisions of the constitution, courtesy of their role as primary guardians of fundamental human rights and public liberties. These exercise their oversight powers on security laws in West Africa through the protection of human rights and civil liberties, investigating and prosecuting terrorism crimes, evaluating the compatibility between security laws and the Constitution, protectingdigital rights and privacy rights, and approving security laws and measures.
Top on the list is corruption as the report notes that judges and magistrates were the highest recipients of the ₦721 billion bribe paid to public officers in Nigeria in 2023. Executive interference also hampers the exercise of itsoversight function given that the judiciary is independent and autonomous for this to happen. However, cases like in Burkina Faso where the President is the guarantor of the independence of the judicial power and in Benin Republic where the anti-terrorism, drugs, and economic crimes court (known by its French acronym CRIET) convicted and sentenced political opponents and numerous government detractors significantly erodes judicial independence and integrity, which leads diminished public trust in its fairness. Other limiting factors include administrative issues and statutory limitations.
CSOs have supported peace operations through conflict prevention, capacity-building, peacebuilding, and providing humanitarian aid to local conflict victims. Their roles vary by operation, including developing legal frameworks, promoting peace and social cohesion in the Sahel, reviewing laws governing peace operations, building capacity in military and peace taskforces on human rights compliance, and offering humanitarian aid to war and counter-terrorism victims.
In addition to the above, the African Civil Society Kampala Declaration put forward by Spaces for Change|S4C West Africa, Defenders Protection Initiative and Civic Advisory Hub in 2024 has been recommended to African governments, intergovernmental and regional bodies, among others, as a framework that should be adopted to ensure the effective implementation of countering the financing of terrorism (CFT) measures while safeguarding civic space in sub-Sahara Africa. Other recommendations include but are not limited to placing international human rights law at the centre of counter-terrorism operations; ensuring that counter-terrorism operations do not collide with specific fundamental human rights; increasing collaboration and engagements with civil society organizations (CSOs); ensuring that security and counter-terrorism laws do not suppress press freedoms and the dissemination of information through traditional and digital means respectively.
In conclusion, the dual reports emphasize the imperative of adopting a balanced approach that aligns security initiatives with human rights and civic space considerations. By integrating localized, innovative strategies and strengthening the role of civil society organizations, Africa can address the multifaceted challenges posed by terrorism while safeguarding democratic freedoms. These findings and recommendations provide a roadmap for policymakers, regional bodies, and stakeholders to collaboratively build resilient and inclusive governance structures, ensuring sustainable peace and stability across the continent.