Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/64/168View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 69b Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2010.

What other versions does this mandate have?

20 versions · 2004–2018

This is an older version — the most recent is A/RES/72/180

Year	Symbol	Title	Word length	Text similarity
2018	A/RES/72/180	Protection of human rights and fundamental freedoms while countering terrorism	3,143	17%Compare
2017	A/HRC/RES/35/34	Protection of human rights and fundamental freedoms while countering terrorism	2,233	65%Compare
2016	A/HRC/RES/33/21	Protection of human rights and fundamental freedoms while countering terrorism	2,816	16%Compare
2016	A/RES/70/148	Protection of human rights and fundamental freedoms while countering terrorism	3,559	18%Compare
2015	A/HRC/RES/29/9	Protection of human rights and fundamental freedoms while countering terrorism	1,784	77%Compare

Which reports were submitted under this mandate?

12 reports · 2004–2019

Year	Symbol	Title	Mandate resolution
2019	A/74/270	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/72/180
2017	A/72/316	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/70/148
2015	A/70/271	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/68/178
2013	A/68/298	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/66/171
2011	A/66/204	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/65/221

What’s in this document?

39 operative paragraphs

Reaffirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law;

Deeply deplores the suffering caused by terrorism to the victims and their families, expresses its profound solidarity with them, and stresses the importance of providing them with assistance;

Expresses serious concern at the occurrence of violations of human rights and fundamental freedoms, as well as international refugee and humanitarian law, committed in the context of countering terrorism;

Reaffirms that counter-terrorism measures should be implemented in accordance with international law, including international human rights, refugee and humanitarian law, thereby taking into full consideration the human rights of all, including persons belonging to national or ethnic, religious and linguistic minorities, and in this regard must not be discriminatory on grounds such as race, colour, sex, language, religion or social origin;

Also reaffirms the obligation of States, in accordance with article 4 of the International Covenant on Civil and Political Rights,¹⁴ to respect certain rights as non-derogable in any circumstances, recalls, in regard to all other Covenant rights, that any measures derogating from the provisions of the Covenant must be in accordance with that article in all cases, and underlines the exceptional and temporary nature of any such derogations,¹⁵ and in this regard calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism;

¹⁴See resolution 2200 A (XXI), annex.

¹⁵See, for example, General Comment No. 29 on states of emergency adopted by the Human Rights Committee on 24 July 2001.

Urges States, while countering terrorism:

To fully comply with their obligations under international law, in particular international human rights, refugee and humanitarian law, with regard to the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment;

To take all necessary steps to ensure that persons deprived of liberty, regardless of the place of arrest or detention, benefit from the guarantees to which they are entitled under international law, including the review of the detention and other fundamental judicial guarantees;

To ensure that no form of deprivation of liberty places a detained person outside the protection of the law, and to respect the safeguards concerning the liberty, security and dignity of the person, in accordance with international law, including international human rights and humanitarian law;

To treat all prisoners in all places of detention in accordance with international law, including international human rights and humanitarian law;

To respect the right of persons to equality before the law, courts and tribunals and to a fair trial as provided for in international law, including international human rights law, such as the International Covenant on Civil and Political Rights, and international humanitarian and refugee law;

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 these rights;

To ensure that guidelines and practices in all border control operations and other pre-entry mechanisms are clear and fully respect their obligations under international law, particularly international refugee and human rights law, towards persons seeking international protection;

To fully respect non-refoulement obligations under international refugee and human rights law and, at the same time, to review, with full respect for these obligations and other legal safeguards, the validity of a refugee status decision in an individual case if credible and relevant evidence comes to light that indicates that the person in question has committed any criminal acts, including terrorist acts, falling under the exclusion clauses under international refugee law;

To refrain from returning persons, including in cases related to terrorism, to their countries of origin or to a third State whenever such transfer would be contrary to their obligations under international law, in particular international human rights, humanitarian and refugee law, including in cases where there are substantial grounds for believing that they would be in danger of subjection to torture, or where their life or freedom would be threatened in violation of international refugee law on account of their race, religion, nationality, membership of a particular social group or political opinion, bearing in mind obligations that States may have to prosecute individuals not returned;

Insofar as such an act runs contrary to their obligations under international law, not to expose individuals to cruel, inhuman or degrading treatment or punishment by way of return to another country;

To ensure that their laws criminalizing acts of terrorism are accessible, formulated with precision, non-discriminatory, non-retroactive and in accordance with international law, including human rights law;

Not to resort to profiling based on stereotypes founded on grounds of discrimination prohibited by international law, including on racial, ethnic and/or religious grounds;

To ensure that the interrogation methods used against terrorism suspects are consistent with their international obligations and are reviewed to prevent the risk of violations of their obligations under international law, including international human rights, refugee and humanitarian law;

To ensure that any person whose human rights or fundamental freedoms have been violated has access to an effective remedy and that victims receive adequate, effective and prompt reparations, where appropriate, including by bringing to justice those responsible for such violations;

To ensure due process guarantees, consistent with all relevant provisions of the Universal Declaration of Human Rights,Error: Reference source not found and their obligations under the International Covenant on Civil and Political Rights, the Geneva Conventions of 1949¹⁶ and the Additional Protocols thereto, of 1977,¹⁷ and the 1951 Convention relating to the Status of Refugees¹⁸ and the 1967 Protocol thereto¹⁹ in their respective fields of applicability;

¹⁶United Nations, Treaty Series, vol. 75, Nos. 970–973.

¹⁷Ibid., vol. 1125, Nos. 17512 and 17513.

¹⁸Ibid., vol. 189, No. 2545.

¹⁹Ibid., vol. 606, No. 8791.

To shape and implement all counter-terrorism measures in accordance with the principles of gender equality and non-discrimination;

Encourages States, while countering terrorism, to take into account relevant United Nations resolutions and decisions on human rights, and encourages them to give due consideration to the recommendations of the special procedures and mechanisms of the Human Rights Council and to the relevant comments and views of United Nations human rights treaty bodies;

Acknowledges the adoption of the International Convention for the Protection of All Persons from Enforced Disappearance in its resolution 61/177 of 20 December 2006, and recognizes that the entry into force of the Convention and its implementation will be an important step in support of the rule of law in countering terrorism;

Recognizes 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 welcomes and encourages the ongoing efforts of the Security Council in support of these objectives, including by continuing to review all the names of individuals and entities in the regime, while emphasizing the importance of these sanctions in countering terrorism;

Urges States, while ensuring full compliance with their international obligations, to ensure the rule of law and to include adequate human rights guarantees in their national procedures for the listing of individuals and entities with a view to combating terrorism;

Requests the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism to continue to contribute to the work of the Counter-Terrorism Implementation Task Force, including by raising awareness about the need to respect human rights and the rule of law while countering terrorism;

Takes note of the report of the Secretary-General on protecting human rights and fundamental freedoms while countering terrorism²⁰ and the previous work of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism undertaken in accordance with his mandate, based on Commission on Human Rights resolution 2005/80 of 21 April 2005,Error: Reference source not found and Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007²¹ and 6/28 of 14 December 2007;Error: Reference source not found

²⁰A/64/186.

²¹See Official Records of the General Assembly, Sixty-second Session, Supplement No. 53 (A/62/53), chap. IV, sect. A.

Welcomes the ongoing dialogue established in the context of the fight against terrorism between the Security Council and its Counter-Terrorism Committee and the relevant bodies for the promotion and protection of human rights, and encourages the Security Council and its Counter-Terrorism Committee to strengthen the links, cooperation and dialogue with relevant human rights bodies, in particular with the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, other relevant special procedures and mechanisms of the Human Rights Council, and relevant treaty bodies, giving due regard to the promotion and protection of human rights and the rule of law in the ongoing work pursuant to relevant Security Council resolutions relating to terrorism;

Calls upon States and other relevant actors, as appropriate, to continue to implement the United Nations Global Counter-Terrorism Strategy,Error: Reference source not found which, inter alia, reaffirms respect for human rights for all and the rule of law as the fundamental basis of the fight against terrorism;

Requests the Counter-Terrorism Implementation Task Force to continue its efforts to ensure that the United Nations can better coordinate and enhance its support to Member States in their efforts to comply with their obligations under international law, including international human rights, refugee and humanitarian law, while countering terrorism;

Encourages relevant United Nations bodies and entities and international, regional and subregional organizations, in particular those participating in the Counter-Terrorism Implementation Task Force, which provide technical assistance, upon request, consistent with their mandates and as appropriate, related to the prevention and suppression of terrorism to step up their efforts to ensure, as an element of technical assistance, respect for international human rights, refugee and humanitarian law, as well as the rule of law;

Urges relevant United Nations bodies and entities and international, regional and subregional organizations, including the United Nations Office on Drugs and Crime, within its mandate related to the prevention and suppression of terrorism, to step up their efforts to provide, upon request, technical assistance for building the capacity of Member States in the development and implementation of programmes of assistance and support for victims of terrorism in accordance with relevant national legislation;

Calls upon international, regional and subregional organizations to strengthen information-sharing, coordination and cooperation in promoting the protection of human rights, fundamental freedoms and the rule of law while countering terrorism;

Requests the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism to make recommendations in the context of his mandate, with regard to preventing, combating and redressing violations of human rights and fundamental freedoms in the context of countering terrorism;

Requests all Governments to cooperate fully with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in the performance of the tasks and duties mandated, including by reacting promptly to the urgent appeals of the Special Rapporteur and providing the information requested, and to give serious consideration to responding favourably to his requests to visit their countries, as well as to cooperate with other relevant procedures and mechanisms of the Human Rights Council regarding the promotion and protection of human rights and fundamental freedoms while countering terrorism;

Welcomes the work of the United Nations High Commissioner for Human Rights to implement the mandate given to her in 2005, in resolution 60/158, and requests the High Commissioner to continue her efforts in this regard;

Requests the Secretary-General to submit a report on the implementation of the present resolution to the Human Rights Council and to the General Assembly at its sixty-fifth session;

Decides to consider at its sixty-fifth session the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

Who adopted this document and its mandates?

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