Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/70/148View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 72b Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2016.

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?

9 subjects

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

What’s in this document?

49 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 and other appropriate measures to protect, respect and promote their human rights;

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 obligations under 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 that such measures 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,⁹ to respect certain rights as non-derogable under 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, underlines the exceptional and temporary nature of any such derogations,¹⁰ and in this regard calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism;

⁹See resolution 2200 A (XXI), annex.

¹⁰See, for example, general comment No. 29 on states of emergency adopted by the Human Rights Committee on 24 July 2001 (Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 40 (A/56/40), vol. I, annex VI).

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 work of civil society by ensuring that counter-terrorism laws and measures are consistent with and are applied in a manner that fully respects human rights, particularly the rights to freedom of expression, peaceful assembly and association;

To safeguard the right to privacy in accordance with international law, in particular international human rights law,¹¹ and to take measures to ensure that interferences with or restrictions on that right are not arbitrary, are adequately regulated by law and are subject to effective oversight and appropriate redress, including through judicial review or other means;

¹¹See A/HRC/13/37 and Add.1 and 2.

To review their procedures, practices and legislation regarding the surveillance and interception of communications and the collection of personal data, including mass surveillance, interception and collection, with a view to upholding the right to privacy by ensuring the full and effective implementation of all their obligations under international human rights law, and to take measures to ensure that interference with the right to privacy is regulated by law, which must be publicly accessible, clear, precise, comprehensive and non-discriminatory, and that such interference is not arbitrary or unlawful, bearing in mind what is reasonable for the pursuance of legitimate aims;

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 lives or freedom would be threatened, in violation of international refugee law, on account of their race, religion, sex, nationality, membership in a particular social group or political opinion, bearing in mind the obligations that States may have to prosecute individuals not returned, and in that case, to adhere to the principle of extradite or prosecute;

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 and refugee and humanitarian law;

To ensure that any person who alleges that his or her human rights or fundamental freedoms have been violated has access to a fair procedure for seeking full, effective and enforceable remedy within a reasonable time and that where such violations have been established, victims receive adequate, effective and prompt reparation, which should include, as appropriate, restitution, compensation, rehabilitation and guarantees of non-recurrence, including where the violation constitutes a crime under international or national law, to ensure accountability for those responsible for such violations;

To ensure due process guarantees, consistent with all relevant provisions of the Universal Declaration of Human Rights,1 and their obligations under the International Covenant on Civil and Political Rights, the Geneva Conventions of 1949¹² and the Additional Protocols thereto of 1977,¹³ and the 1951 Convention relating to the Status of Refugees¹⁴ and the 1967 Protocol thereto¹⁵ in their respective fields of applicability;

¹²United Nations, Treaty Series, vol. 75, Nos. 970–973.

¹³Ibid., vol. 1125, Nos. 17512 and 17513.

¹⁴Ibid., vol. 189, No. 2545.

¹⁵Ibid., vol. 606, No. 8791.

To ensure that gender equality and non-discrimination are taken into account when shaping, reviewing and implementing all counter-terrorism measures, and to promote the full and effective participation of women in those processes;

To ensure that any measures taken or means employed to counter terrorism, including the use of remotely piloted aircraft, comply with their obligations under international law, including the Charter of the United Nations, human rights law and international humanitarian law, in particular the principles of distinction and proportionality;

Also urges States, while undertaking counter-terrorism activities, to respect their international obligations regarding humanitarian actors and to recognize the key role played by humanitarian organizations in areas where terrorist groups are active;

Further 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;

Recognizes the importance of the International Convention for the Protection of All Persons from Enforced Disappearance,¹⁶ 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;

¹⁶Ibid., vol. 2716, No. 48088.

Urges all States that have not yet done so to sign, ratify or accede to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,5 and encourages States to consider ratifying as a matter of priority the Optional Protocol thereto,¹⁷ the implementation of which will make a significant contribution in support of the rule of law in countering terrorism;

¹⁷Ibid., 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 to ensure 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 Special Rapporteur of the Human Rights Council 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 in the performance of his mandated tasks and duties, including by reacting promptly to his urgent appeals 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 him by the General Assembly in its resolution 60/158 of 16 December 2005, and requests him to continue his efforts in this regard;

Takes note with appreciation of the report of the Secretary-General on protecting human rights and fundamental freedoms while countering terrorism;¹⁸

¹⁸A/70/271.

Takes note of the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism,¹⁹ which refers, inter alia, to the negative impact that counter-terrorism legislation and other measures can have on civil society;

¹⁹A/70/371.

Encourages States, while countering terrorism, to undertake prompt, independent and impartial fact-finding inquiries whenever there are plausible indications of possible breaches of their obligations under international human rights law, with a view to ensuring accountability;

Requests the Office of the United Nations High Commissioner for Human Rights and the Special Rapporteur 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;²⁰

²⁰A/HRC/16/51.

Welcomes the ongoing dialogue established in the context of the fight against terrorism between the Security Council and its respective bodies, namely, the Counter-Terrorism Committee and the Counter-Terrorism Committee Executive Directorate, with the relevant bodies for the promotion and protection of human rights, and encourages the Security Council and the Counter-Terrorism Committee to strengthen the links, cooperation and dialogue with relevant human rights bodies, in particular with the Office of the High Commissioner, the Special Rapporteur, 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,3 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 and 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 and 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;

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 seventy-second session;

Decides to continue the consideration of the question at its seventy-second 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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