A/HRC/28/28
undermine the effectiveness of any counter-terrorism measure, and thereby
contribute to greater radicalization.
55.
I urge States to take measures to ensure that counter-terrorism laws and
implementing measures are consistent with international human rights standards and
compliant with the principle of legality. A regular review of the compliance of
counter-terrorism laws and practices with human rights standards is critical to ensure
that these measures are specific, necessary, effective and proportionate. The validity
of any exceptional measure should be restricted in time through the inclusion of a
sunset clause. I encourage all States, as part of the legislative process, to ensure broad
and inclusive consultations with all relevant stakeholders and a review of draft
counter-terrorism legislation by relevant domestic bodies before adoption to ensure
that legislation is coherent with relevant international human rights standards.
56.
I also urge States, as part of their efforts to stem the flow of foreign fighters, to
integrate compliance with their obligations under international human rights law by
stepping up efforts:
(a)
To address the conditions conducive to terrorism and to counter violent
extremism, including by fostering engagement between communities and the
authorities in order to build trust, supporting local ownership of initiatives and
developing positive counter-narratives. The role of civil society should be supported
through the creation of an enabling environment, including through the adoption of
legislation protecting the space afforded to civil society and the promotion of nondiscriminatory measures;
(b)
To combat impunity and ensure accountability for all gross violations of
international human rights law and of international humanitarian law through the
prompt, thorough, independent and effective investigation and prosecution of those
responsible;
(c)
To ensure that any measures taken in an effort to stem the flow of foreign
fighters and to prevent the commission of criminal acts comply with their obligations
under international human rights law.
57.
Throughout its activities in support of the implementation of the Global
Counter-Terrorism Strategy, the Counter-Terrorism Implementation Task Force and
its entities should intensify efforts to promote respect for human rights and the rule of
law as the fundamental basis of the fight against terrorism. This should include the
promotion of compliance with human rights as an integral part of assistance to States
in the development and implementation of counter-terrorism-related legislation and
policy. OHCHR stands ready to assist Member States in the development and
implementation of human rights-compliant legislation and implementation measures,
including in follow-up to Security Council resolution 2178 (2014).
17
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