Spaces for Change|S4C, Civic Advisory Hub (CAH) and Defenders Protection Initiative (DPI) co-hosted the Sub-Saharan Africa Civil Society Conference on Countering the Financing of Terrorism while Safeguarding the Civic Space in Africa, dubbed as 2GETHERCFT. Held in Kampala, Uganda, between August 5-6, 2024, the conference united 140 delegates from across Africa comprising representatives from civil society organizations (CSOs), academia, financial regulators, banks, financial intelligence units, Financial Action Task Force (FATF) regional style bodies (FSRBs), Africa Regional Economic Communities (RECs) and regional mechanisms to discuss the wins, challenges and impacts of implementing global and regional counter-terrorism measures on civil society and the civic space in Africa.
For African organizations and stakeholders, 2GETHERCFT was a watershed moment in the history of anti-terrorism-focused convenings. Conversations of this nature have typically been held outside the shores of Africa. S4C’s executive director captured it succinctly in her opening statement when she stated that “it is profoundly significant that we are convening this discussion on Countering the Financing of Terrorism (CFT) here on the African continent… we are seeing an important shift, bringing these critical conversations closer to home.” Reechoing similar sentiments, DPI’s Programs Executive, described the conference as “the first of its kind” in Africa.
Mindful of the ever-evolving nature of terrorism and its transnational reach, African countries have enacted numerous laws, established an array of mechanisms and rolled out diverse security initiatives in response to this global threat. These measures have, sometimes, unintentionally hindered the vital work of CSOs. For two days, delegates from over 20 countries across Africa extensively brainstormed how governmental and non-governmental bodies can strike a healthy balance between countering terrorism and safeguarding human rights and the civic space as well as amplify the role(s) CSOs have played in complementing government’s efforts to counter terrorism financing.
What are those specific drivers, risks and challenges arising from the implementation of counterterrorism laws and measures that constrain civil society? S4C director’s opening statement shed light on these impacts. While non-governmental organizations (NGOs) are traditionally established to engage in social and charitable work, the reality today is far more complex. The daily operations of NGOs now involve navigating compliance requirements: reporting, registering, certifications, sanctions training, financial reporting, and the filing of annual and tax returns—often with multiple regulators and under intense scrutiny. These administrative burdens, though sometimes necessary for ensuring financial integrity, often have little to do with the humanitarian and charitable missions that NGOs set out to accomplish. For smaller community-based organizations, these requirements can be overwhelming, detracting from their core work and stretching their already limited resources. The conference proceeds upon the premise that CSOs in Africa desire to carry out our vital work with minimal to no disruption, while understanding that authorities have a responsibility to monitor these activities. It was against this backdrop that the eight sessions of the conference examined a broad range of topics such as the weaponization of counterterrorism laws to overregulate NGOs and stifle dissent, the use of overt and covert surveillance operations, use of excessive military force, sophisticated identity authentication systems, the misinterpretation and misapplication of the Financial Action Task Force (FATF) Recommendation 8, greylisting, bank derisking, financial exclusion and so forth.
One of the sessions examined how RECs have shaped or influenced counterterrorism laws applied in Africa as well as their complementary role in supporting member states to strengthen their anti-money laundering and countering the financing of terrorism (AML/CFT) frameworks. The roles they play include capacity building for security institutions, policy development, technical support for policy implementation and technical assistance to countries on the greylist to review their national measures and address strategic deficiencies in their domestic systems. Others include integrating gender perspectives in the investigation, prosecution and adjudication of terrorism and violent extremism. In doing these, RECs like Intergovernmental Authority on Development (IGAD) in Eastern Africa, Common Market for Eastern and Southern Africa (COMESA) and Africa Union ensure that CSOs participate in these processes to ensure a sector-wide approach and alignment with global human rights principles.
Another session focused on the impacts of greylisting on national economies and civil society in Africa. To be on the FATF grey list means that such country/countries are deficient in their AML/CFT regimes and must commit to resolving these deficiencies before their names can be removed. Such countries are also subject to increased monitoring until they resolve the deficiencies within the agreed timeframe. The implication for being on the grey list is that other countries will exercise extreme caution in dealing with greylisted countries and this definitely has a negative impact on the economic outcomes for such country/countries. Grey-listing often provokes panic, causing countries to hastily roll out new measures or review existing measures, whether they thought it through or not. These hastily-implemented measures have resulted in unintended consequences impacting sectors, including charities.
Another session examined the drivers, risks, challenges of de-risking, financial exclusion and financial inclusion. One important lesson from this session is the opportunity to understand the vast difference in the way banks and CSOs perceive de-risking. Banks apply a rules-based approach rather than a risk-based approach in their relationship with customers. This rules-based approach is informed by the AML/CFT regime which favors de-risking over dialogue because banks are in business and therefore, need to protect their license and reputation. They do this by dissociating themselves from customers regarded as high-risk or non-compliant. Highlighting the impact of de-risking, the panelists, including S4C, explained how de-risking reduces a charity’s ability to raise funds; delays lifesaving humanitarian assistance in conflict affected areas; forces civil society activities underground; and can lead to organizations resorting to informal ways of transferring funds such as physical movement of cash with its attendant risks. The panelists shared good practices that can help NGOs mitigate the impact of de-risking.
The second day featured panel discussions that shared practical experiences of countries on the grey-list and how this phenomenon affects essential humanitarian work in Africa. Experts from across Africa also shared research findings on the emerging trends, patterns and impact of CFT measures on the civic space in Sub-Saharan Africa. Parting shots from RECs, NGOs, regulators and law enforcement authorities, emphasized how CSOs are complementing efforts to implement CFT measures through their advocacy work on various areas such as judicial oversight, transparency and accountability, conducting independent review that are policy based, engaging for meaningful consultation, and training and capacity building.
Overall, the conference exposed new areas of interests for future consideration such as terrorism and technology, newly emerging financial systems, re-thinking approaches that reflects a proper understanding and implementation of laws, integrating the media into the conversation, re-thinking strategies that build trust between government, CSOs, regulators and private sector, closing knowledge gaps that exist, strengthening early warning systems, investing in research for effective engagements using data and evidence, collaborating, learning, adapting and strengthening access to justice.
