RES/31/30 Effects of terrorism on the enjoyment of all human rights

Human Rights Council Thirty-first session

Agenda item 3

Resolution adopted by the Human Rights Council on 24 March 2016

31/30. Effects of terrorism on the enjoyment of all human rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights, the International Covenant

on Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights and other relevant international human rights instruments,

Recalling all relevant resolutions of the General Assembly, the Security Council, the

Commission on Human Rights and the Human Rights Council concerning terrorism,

including Assembly resolutions 46/51 of 9 December 1991, 60/158 of 16 December 2005,

60/288 of 8 September 2006, 64/297 of 8 September 2010, 66/10 of 18 November 2011 on

the United Nations Counter-Terrorism Centre established on the initiative of the United

Nations and Saudi Arabia, 68/178 of 18 December 2013, 68/276 of 13 June 2014, 69/127 of

10 December 2014 and 70/148 of 17 December 2015, Commission resolution 2004/44 of

19 April 2004, and Human Rights Council resolutions on terrorism and human rights,

including 28/17 of 26 March 2015,

Reaffirming its commitment to the United Nations Global Counter-Terrorism

Strategy and its four pillars, adopted by the General Assembly in its resolution 60/288,

Reaffirming also the right of the people to live in peace, freedom and security and

their right to be protected at all times from the threat of terrorism,

Reaffirming further that everyone has the right to life, liberty and security of person,

Reaffirming that civil, political, economic, social and cultural rights are universal,

indivisible, interdependent and interrelated, as enshrined in the Universal Declaration on

Human Rights, the International Covenant on Civil and Political Rights and the

International Covenant on Economic, Social and Cultural Rights,

Recognizing that the objectives of countering terrorism and of the protection and

promotion of human rights are not conflicting but complementary and mutually reinforcing,

Reaffirming the fundamental importance of respecting all human rights and

fundamental freedoms and the rule of law,

Reiterating that all States have an obligation to promote and protect all human rights

and fundamental freedoms and to ensure effective implementation of their obligations

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

Taking note of the report of the Special Rapporteur on the promotion and protection

of human rights and fundamental freedoms while countering terrorism, submitted to the

Human Rights Council at its twenty-ninth session,1

Welcoming the holding of a panel discussion on the effects of terrorism on the

enjoyment by all persons of human rights and fundamental freedoms at the twenty-ninth

session of the Human Rights Council, and taking note of the summary report of the Office

of the United Nations High Commissioner for Human Rights thereon,2

Renewing its unwavering commitment to strengthening international cooperation to

prevent and combat terrorism in all its forms and manifestations,

Recognizing that international cooperation and any measures taken by Member

States to prevent and combat terrorism must fully comply with their obligations under

international law, including the Charter, in particular the purposes and principles thereof,

and other relevant international conventions and protocols, in particular human rights law

and international humanitarian law, as applicable,

Emphasizing that mutual respect, tolerance and dialogue among civilizations and the

enhancement of interfaith and intercultural understanding are among the most important

elements in promoting cooperation and success in preventing and combating terrorism, and

welcoming the various initiatives to this end,

Reaffirming its strongest condemnation of the heinous acts of terrorism in all its

forms and manifestations, wherever and by whomsoever committed, regardless of

motivation, as criminal and unjustifiable acts that have detrimentally affected the

enjoyment of human rights and fundamental freedoms, such as the right to life, liberty and

security of person, thus impeding the full realization of economic, social and cultural rights,

threatening the territorial integrity and security of States, rule of law and democracy, and

destabilizing Governments, and ultimately representing a grave threat to the functioning of

societies and to international peace and security,

Acknowledging the important contribution of measures taken at all levels against

terrorism, consistent with international law, to the functioning of democratic institutions

and the maintenance of peace and security and thereby to the full enjoyment of human

rights, and the need to continue the fight against terrorism, including through international

cooperation and by strengthening the role of the United Nations in this respect,

Expressing its continuing concern at the increasing flow of foreign terrorist fighters

and at the threat it poses to all States, including countries of origin, transit and destination,

encouraging all States to address this threat by enhancing their cooperation and developing

relevant measures to prevent and tackle this phenomenon, including information-sharing,

border management to detect travel, and appropriate criminal justice response, and to

consider the use of United Nations instruments and mechanisms, and sanctions regimes,

Reiterating that all States should fulfil their responsibilities in denying all forms of

support, for terrorists and terrorist groups, particularly political, military logistical and

1 A/HRC/29/51.

2 A/HRC/30/64.

financial support, including through collecting funds by their nationals or persons in their

territories, or availing financial assets, directly or indirectly, for the benefit of, or with the

intention that the funds be used by, or with the knowledge that they are to be used by,

terrorist groups or individual terrorists for any purpose, and deny providing safe haven and

to prevent terrorists from benefiting directly or indirectly from ransom payments to terrorist

groups, and to bring to justice or, where appropriate, extradite, on the basis of the principle

of extradite or prosecute, the perpetrators of terrorist acts or any person who supports,

facilitates or participates, or attempts to participate, in the financing, planning, preparation

or perpetration of terrorist acts or in providing safe havens,

Welcoming political commitments, actions and initiatives taken and adopted against

kidnapping for ransom in different forums, such as the Algiers Memorandum on Good

Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists,

Deeply concerned at the serious crimes committed by terrorist groups and

individuals, including foreign terrorist fighters, that have targeted persons and groups on

the basis of their ethnic and religious background and involved gross human rights abuses,

Deploring attacks on religious places and shrines and cultural sites, which may

violate international law, in particular human rights and international humanitarian law,

including any deliberate destruction of relics, monuments and religious sites,

Recalling its resolution 16/18 of 24 March 2011 and its follow-up resolutions, the

Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred

that constitutes incitement to discrimination, hostility or violence and the Istanbul Process

for Combating Intolerance, Discrimination and Incitement to Hatred and/or Violence on the

Basis of Religion or Belief, and calling for their effective implementation by the

international community in order to contribute to a more conducive environment to

countering the messages of extremist groups attempting to justify violence, including

through ethnic or religious stigmatization and discrimination,

Affirming States’ determination to work towards conflict resolution, to confront

oppression, to eradicate poverty, to promote sustained economic growth, sustainable

development, global prosperity, good governance, human rights for all and the rule of law,

to improve intercultural understanding and to ensure respect for all,

1. Strongly condemns all terrorist acts as criminal and unjustifiable, and

expresses grave concern at their detrimental effects on the enjoyment of human rights,

including the right to life, liberty and security of person, as stipulated in article 3 of the

Universal Declaration of Human Rights;

2. Expresses its concern that terrorists and terrorist groups have targeted

population segments and regions, and in some cases on the basis of religion and/or ethnicity

of specific individuals and communities;

3. Reaffirms the primary responsibility of States in preventing and countering

terrorism in all its forms and manifestations in the territory under their jurisdiction, in full

compliance with their international law obligations;

4. Urges States, while countering terrorism, to respect and protect all human

rights, bearing in mind that certain counter-terrorism measures may have an impact on the

enjoyment of those rights;

5. Expresses concern at the increase in kidnapping and hostage-taking with

demands for ransom and/or political concessions being made by terrorist groups, and

expresses the need to address this issue;

6. Reiterates the obligation of States to prevent and suppress the financing of

terrorist acts, including ransom payment, and to criminalize the wilful provision or

collection by any means, directly or indirectly, of funds by their nationals or in their

territories with the intention that the funds be used, or with the knowledge that they are to

be used, to carry out terrorist acts;

7. Encourages States to refrain from supporting terrorist groups in establishing

propaganda platforms, such as electronic or satellite platforms or any other media, on their

territory for disseminating hatred or instigation;

8. Urges States to take appropriate measures to duly investigate the incitement,

preparation or commission of acts of terrorism, and to bring to justice those engaged in

such acts in accordance with national criminal laws and procedures and international

human rights law, as applicable;

9. Also urges States to adopt rehabilitation and reintegration strategies for

returning foreign terrorist fighters, in line with the good practices set out in the Hague –

Marrakech Memorandum of the Global Counterterrorism Forum, and to adopt a

comprehensive approach that includes the development of national centres for counsel and

de-radicalization that can play an important role along with criminal justice responses, and

in this regard welcomes the role of the Mohamed bin Naif Counselling and Care Centre in

countering terrorist ideologies and activities;

10. Expresses its concern at the increasing use, in a globalized society, by

terrorists and their supporters of information and communications technology, in particular

the Internet and other media, to advocate, commit, incite, recruit for, fund or plan terrorist

acts, urges States to take appropriate preventive measures in this regard while acting in full

compliance with their international law obligations, and emphasizes the importance of

cooperation among stakeholders in the implementation of the United Nations Global

Counter-Terrorism Strategy, including among States, international, regional and

subregional organizations, the private sector and civil society, to address this issue, while

respecting human rights and fundamental freedoms and complying with international law

and the purposes and principles of the Charter of the United Nations, and reiterates that

such technologies can be powerful tools in countering the spread of terrorism, including by

promoting tolerance, mutual respect and dialogue and understanding among peoples and

peace, and in this regard notes with appreciation the constructive role played by the Cyber

Observatory of Takfiri Fatwas in Egypt;

11. Renews its commitment to strengthening international cooperation to prevent

and counter terrorism in accordance with the principles of international law, including the

Charter, international human rights law and international humanitarian law, including

through technical cooperation and capacity-building, and in that regard calls upon States

and relevant regional and subregional organizations, as appropriate, to continue to

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

12. Calls upon all States to promote a culture of peace, justice and human

development, ethnic, national and religious tolerance, and respect for all religions, religious

values, beliefs and cultures by establishing and encouraging, as appropriate, education and

public awareness programmes involving all sectors of society;

13. Expresses its solidarity with the victims of terrorism and their families, and

acknowledges the importance of protecting their rights and of providing them with proper

support and assistance, while taking into account, when appropriate, considerations

regarding remembrance, dignity, respect, justice and truth in such a way that promotes

accountability and ends impunity, in accordance with international law, and encourages the

enhancement of international cooperation and the exchange of expertise in that respect, in

accordance with international law;

14. Encourages States to provide appropriate assistance and rehabilitation for

victims of terrorism in accordance with relevant national laws from within available

resources;

15. Urges States and the international community to take measures, including

through education, awareness-raising, the media and human rights education and training,

to effectively address the conditions conducive to the spread of terrorism and that make

individuals and groups more vulnerable to the effects of terrorism and to recruitment by

terrorists;

16. Invites all treaty bodies, special procedure mandate holders, international and

regional human rights mechanisms and the United Nations High Commissioner for Human

Rights, within their respective mandates, to pay due attention to the negative impact of

terrorism on the enjoyment of all human rights and fundamental freedoms;

17. Requests the High Commissioner to prepare a report on the negative effects

of terrorism on the enjoyment of all human rights and fundamental freedoms, particularly

the right to life, liberty and security of person, while paying particular attention to best

practices and major challenges in this regard, and to present the report to the Human Rights

Council at its thirty-fourth session.

64th meeting

24 March 2016

[Adopted by a recorded vote of 28 to 14, with 5 abstentions. The voting was as follows:

In favour:

Algeria, Bangladesh, Bolivia (Plurinational State of), Botswana, Burundi,

China, Congo, Côte d’Ivoire, Cuba, Ecuador, El Salvador, Ethiopia, Ghana,

India, Indonesia, Kenya, Maldives, Morocco, Nigeria, Paraguay, Philippines,

Qatar, Russian Federation, Saudi Arabia, Togo, United Arab Emirates,

Venezuela (Bolivarian Republic of), Viet Nam

Against:

Albania, Belgium, France, Germany, Latvia, Mexico, Netherlands, Portugal,

Republic of Korea, Slovenia, South Africa, Switzerland, the former Yugoslav

Republic of Macedonia, United Kingdom of Great Britain and Northern

Ireland

Abstaining:

Georgia, Kyrgyzstan, Mongolia, Namibia, Panama]