RES/19/19 Protection of human rights and fundamental freedoms while countering terrorism

GE.A/HRC/16/51. 2-13027

Human Rights Council Nineteenth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council*

19/19

Protection of human rights and fundamental freedoms while countering

terrorism

The Human Rights Council,

Reaffirming Human Rights Council decision 2/112 of 27 November 2006 and

Council resolutions 6/28 of 14 December 2007, 7/7 of 27 March 2008, 10/15 of 26 March

2009 and 13/26 of 26 March 2010, and Commission on Human Rights resolutions 2003/68

of 25 April 2003, 2004/87 of 21 April 2004 and 2005/80 of 21 April 2005, and recalling

General Assembly resolutions 57/219 of 18 December 2002, 58/187 of 22 December 2003,

59/191 of 20 December 2004, 60/158 of 16 December 2005, 61/171 of 19 December 2006,

62/159 of 18 December 2007, 63/185 of 18 December 2008, 64/168 of 18 December 2009,

65/221 of 21 December 2010, and 66/171 of 19 December 2011, and welcoming the efforts

of all relevant stakeholders to implement those resolutions,

1. Calls upon States to ensure that any measure taken to counter terrorism

complies with international law, in particular international human rights, refugee and

humanitarian law;

2. Expresses serious concern at the violations of human rights and fundamental

freedoms, as well as of refugee and international humanitarian law, in the context of

countering terrorism;

3. Reaffirms its unequivocal condemnation of all acts, methods, practices and

financing of terrorism, in all its forms and manifestations, wherever and by whomsoever

committed, regardless of their motivation, as criminal and unjustifiable, and renews its

commitment to strengthen international cooperation to prevent and combat terrorism and, in

that regard, calls upon States and other relevant actors, as appropriate, to continue to

implement the United Nations Global Counter-Terrorism Strategy and its four pillars,

* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its nineteenth session (A/HRC/19/2), chap. I.

which reaffirm, inter alia, respect for human rights for all and the rule of law to be the

fundamental basis of the fight against terrorism;

4. Deeply deplores the suffering caused by terrorism to the victims and their

families, and expresses its profound solidarity with them, and stresses the importance of

providing them with proper support and assistance;

5. Welcomes the holding, on 1 June 2011 and pursuant to decision 16/116 of the

Human Rights Council, of a panel discussion on the issue of human rights of victims of

terrorism, which raised awareness of the importance of addressing the human rights of

victims of terrorism in the determined effort by the international community to deal with

the scourge of terrorism and as part of a comprehensive counter-terrorism policy that

respects human rights and fundamental freedoms;

6. Reaffirms that terrorism cannot and should not be associated with any

religion, nationality, civilization or ethnic group;

7. Recognizes the work carried out by the special procedures of the Human

Rights Council in the promotion and protection of human rights and fundamental freedoms

while countering terrorism;

8. Acknowledges that the active participation of civil society can reinforce

ongoing governmental efforts to protect human rights and fundamental freedoms while

countering terrorism;

9. Calls upon States, while countering terrorism, to ensure that any person

whose human rights or fundamental freedoms have been violated has access to an effective

remedy and that victims will receive adequate, effective and prompt reparations where

appropriate, including by bringing to justice those responsible for such violations;

10. Urges States, while countering terrorism, to protect all human rights,

including economic, social and cultural rights, bearing in mind that certain counter-

terrorism measures may have an impact on the enjoyment of those rights;

11. Calls upon States, while countering terrorism, to safeguard the right to

privacy in accordance with international law, and urges them to take measures to ensure

that interferences with the right to privacy are regulated by law, subject to effective

oversight and appropriate redress, including through judicial review or other means;

12. Notes with concern measures that can undermine human rights and the rule of

law, such as the detention of persons suspected of acts of terrorism in the absence of a legal

basis for detention and due process guarantees, the unlawful deprivation of the right to life,

the deprivation of liberty that amounts to placing a detained person outside the protection of

the law, the trial of suspects without fundamental judicial guarantees, the illegal deprivation

of liberty and transfer of individuals suspected of terrorist activities, and the return of

suspects to countries without individual assessment of the risk of there being substantial

grounds for believing that they would be in danger of subjection to torture, and limitations

to effective scrutiny of counter-terrorism measures;

13. Stresses that all measures used in the fight against terrorism, including the

profiling of individuals and the use of diplomatic assurances, memorandums of

understanding and other transfer agreements or arrangements, must be in compliance with

the obligations of States under international law, including international human rights,

refugee and humanitarian law;

14. Urges States, while countering terrorism, to respect the rights to be equal

before the courts and tribunals and to a fair trial, as provided for by international law,

including international human rights law, such as article 14 of the International Covenant

on Civil and Political Rights and, as applicable, international humanitarian law and refugee

law;

15. Reiterates the concerns expressed by the General Assembly in its resolution

64/168 with regard to measures that can undermine human rights and the rule of law, and

urges all States to take all necessary steps to ensure that persons deprived of their liberty,

regardless of the place of arrest or detention, enjoy the guarantees to which they are entitled

under international law, including the review of their detention and other fundamental

judicial guarantees;

16. Takes note with appreciation of the report of the Special Rapporteur on the

promotion and protection of human rights while countering terrorism;1

17. Takes note of the compilation of good practices on legal and institutional

frameworks and measures that ensure respect for human rights by intelligence agencies

while countering terrorism,A/HRC/14/46. and appreciates the work of the Special Rapporteur in its

elaboration at the request of the Human Rights Council;See Human Rights Council resolution 10/15.

18. Requests the Special Rapporteur, in accordance with his mandate, to continue

to gather, request, receive and exchange information on alleged violations of human rights

and fundamental freedoms while countering terrorism, and to report regularly to the Human

Rights Council;

19. Requests all States to cooperate fully with the Special Rapporteur in the

performance of the tasks and duties mandated, including by reacting promptly to the urgent

appeals and providing the information requested, and to give serious consideration to

responding favourably to requests by the Special Rapporteur to visit their countries;

20. Takes note with appreciation of the report of the United Nations High

Commissioner for Human Rights on the protection of human rights and fundamental

freedoms while countering terrorism,A/HRC/16/50. as well as the work to implement the mandate given

to her by the Commission on Human Rights in its resolution 2005/80 and the General

Assembly in its resolution 60/158 on the protection of human rights and fundamental

freedoms while countering terrorism, and requests the High Commissioner to continue her

efforts in this regard;

21. Encourages the United Nations, bodies, agencies, funds and programmes

involved in supporting counter-terrorism efforts to continue to facilitate the promotion and

protection of human rights and fundamental freedoms, as well as due process and the rule

of law, while countering terrorism;

22. Requests the High Commissioner and the Special Rapporteur to contribute

further, appropriately, to the ongoing discussion regarding the efforts of States Members of

the United Nations to assure adequate human rights guarantees to ensure fair and clear

procedures, in particular with regard to placing on and removing individuals and entities

from terrorism-related sanctions lists;

23. Recalls that the General Assembly, in its resolution 66/171, recognized the

need to continue ensuring that fair and clear procedures under the United Nations terrorism-

related sanctions regime are strengthened in order to enhance their efficiency and

transparency, and welcomed and encouraged the ongoing efforts of the Security Council in

support of these objectives, including by supporting the enhanced role of the office of the

ombudsperson and continuing to review all the names of individuals and entities in the

regime, while emphasizing the importance of these sanctions in countering terrorism;

24. Stresses the importance that relevant United Nations bodies and entities and

international, regional and subregional organizations, in particular those that are

participating in the Counter-Terrorism Implementation Task Force, which provide technical

assistance relating to the prevention and suppression of terrorism to consenting States,

include, as appropriate and where consistent with their mandates, the respect of

international human rights law and, as applicable, international humanitarian law and

refugee law, as well as the rule of law, as an important element of technical assistance that

they offer to States related to counter-terrorism, including by drawing on the advice of, and

otherwise ensuring the ongoing dialogue with, the special procedures of the Human Rights

Council within their mandates and the Office of the High Commissioner and relevant

stakeholders;

25. Requests the High Commissioner and the Special Rapporteur to present their

reports, bearing in mind the content of the present resolution, to the Human Rights Council

under agenda item 3, in conformity with its annual programme of work.

54th meeting

23 March 2012

[Adopted without a vote.]