Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/66/171View 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 2012.

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 subjects does this mandate have?

8 subjects

Cooperation Between Organizations Counter-Terrorism Human Rights Advancement International Humanitarian Law International Obligations Rule of Law Technical Cooperation Terrorism

What’s in this document?

43 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 of international refugee and humanitarian law, committed in the context of countering terrorism;

Reaffirms that all 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,⁸ 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,⁹ and in this regard calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism;

⁸See resolution 2200 A (XXI), annex.

⁹See, 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 steps necessary 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 take all steps necessary to ensure the right of anyone arrested or detained on a criminal charge to be brought promptly before a judge or other officer authorized by law to exercise judicial power and the entitlement to trial within a reasonable time or release;

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 safeguard the right to privacy in accordance with international law, and to take measures to ensure that interferences with the right to privacy are regulated by law, and subject to effective oversight and appropriate redress, including through judicial review or other means;

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 on a regular basis 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 and enforceable remedy within a reasonable time and that victims of such violations 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,Error: Reference source not found the Geneva Conventions of 1949¹⁰ and the Additional Protocols thereto, of 1977,¹¹ and the 1951 Convention relating to the Status of Refugees¹² and the 1967 Protocol thereto¹³ in their respective fields of applicability;

¹⁰United Nations, Treaty Series, vol. 75, Nos. 970-973.

¹¹Ibid., vol. 1125, Nos. 17512 and 17513.

¹²Ibid., vol. 189, No. 2545.

¹³Ibid., vol. 606, No. 8791.

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

Also urges 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;

Welcomes the entry into force of the International Convention for the Protection of All Persons from Enforced Disappearance,¹⁴ the implementation of which will make a significant contribution in support of the rule of law in countering terrorism, including by prohibiting places of secret detention, and encourages all States that have not yet done so to consider signing, ratifying or acceding to the Convention;

¹⁴Resolution 61/177, annex.

Encourages all States that have not yet done so to consider signing, ratifying or acceding to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentError: Reference source not found and the Optional Protocol thereto,¹⁵ the implementation of which will make a significant contribution in support of the rule of law in countering terrorism;

¹⁵United Nations, Treaty Series, vol. 2375, No. 24841.

Calls upon the United Nations entities 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;

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 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;

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, inter alia, through regular dialogue, about the need to respect human rights and the rule of law while countering terrorism and support the exchange of best practices to promote and protect human rights, fundamental freedoms and the rule of law in all aspects of counter-terrorism, including, as appropriate, those identified by the Special Rapporteur in his report submitted to the Human Rights Council pursuant to Council resolution 15/15;¹⁶

¹⁶A/HRC/16/51.

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 their ongoing work relating to counter-terrorism;

Calls upon States and other relevant actors, as appropriate, to continue to implement the United Nations Global Counter-Terrorism Strategy, 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, and to encourage the Working Groups of the Task Force to incorporate a human rights perspective into their work;

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, related to the prevention and suppression of terrorism, to step up their efforts to ensure respect for international human rights, refugee and humanitarian law, as well as the rule of law, as an element of technical assistance, including in the adoption and implementation of legislative and other measures by States;

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;

Takes note with appreciation of the report of the Secretary-General on protecting human rights and fundamental freedoms while countering terrorism¹⁷ and the report of the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism,¹⁸ submitted pursuant to resolution 65/221;

¹⁷A/66/204.

¹⁸See A/66/310.

Requests the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism to continue 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 and to continue to report and engage in interactive dialogues on an annual basis with the General Assembly and the Human Rights Council in accordance with their programmes of work;

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 General Assembly resolution 60/158 of 16 December 2005, and requests her 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-eighth session;

Decides to continue the consideration of the question at its sixty-eighth session under the item entitled “Promotion and protection of human rights”.

Who adopted this document and its mandates?

What other versions does this mandate have?

Which reports were submitted under this mandate?

What subjects does this mandate have?

What’s in this document?

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