A/HRC/28/28
contributed to a workshop in Nairobi, held pursuant to Security Council resolution 1624
(2005), on countering incitement to terrorism and enhancing cultural dialogue. The
Executive Directorate continued its dialogue on relevant human rights issues with regional
and subregional organizations, as well as with national and international civil society
organizations. It also continued its active contribution to the Counter-Terrorism
Implementation Task Force Working Group on Protecting Human Rights and the Rule of
Law while Countering Terrorism, including by means of contributions to knowledge
products issued by the Working Group, as well as to the design and implementation of
capacity-building and technical assistance initiatives undertaken by the Working Group.
III. Issues of human rights concern
18.
Events in recent months have highlighted the immense, persistent challenges faced
by States in preventing acts of violence and safeguarding the security of individuals within
their jurisdiction. At its open debate on terrorism in November 2014, the Security Council
emphasized the expanding threat of terrorism due to “global recruitment networks, the
spread of violent extremist ideologies that can be conducive to terrorism, ease of movement
of terrorists, including foreign terrorist fighters, and access to significant funding streams. 6
During the open debate of the Council on international cooperation and violent extremism
on 19 November 2014, the Secretary-General highlighted the fact that technology and
globalization had made it easier for groups spurred by violent extremist ideologies to cause
harm, exploit narratives and profit from illicit financing, while terrorism, drug trafficking
and transnational crime grew in intensity and fed off each other.
19.
The measures taken by a number of States in the wake of recent security threats have
continued to raise serious human rights concerns. States have rushed to adopt emergency
legislation, modify detention policies, revise criminal justice rules and practices and impose
limitations to the freedoms of expression, peaceful assembly and movement. Broadreaching surveillance practices have continued to infringe on individuals’ human rights, in
particular the right to privacy, owing to a lack of adequate national legislation and
enforcement, weak procedural safeguards and ineffective oversight that all contribute to a
climate of impunity. Reports show that surveillance practices have had a chilling effect on
freedom of expression, particularly affecting journalists whose sources are reportedly less
willing to be in contact with the press out of fear that any interaction may leave a digital
mark that could be used against them.
20.
While States have a duty to take measures to protect populations from violence and
insecurity and to deliver justice, such measures must be anchored in respect for
international human rights law. Experience at the national level has demonstrated that
protecting human rights and ensuring respect for the rule of law contribute to countering
terrorism in particular by creating a climate of trust between the State and those under its
jurisdiction, and supporting resilience of communities to threats of violent radicalism. From
a criminal justice perspective, ensuring that counter-terrorism legislation and policy are
grounded in human rights also helps to promote the prosecution and conviction in
accordance with legally established procedures of individuals engaged in acts of terrorism.
This also encourages legal consistency between national jurisdictions, thereby facilitating
international cooperation. Conversely, compromising on human rights has proven corrosive
to the rule of law and undermines the effectiveness of any counter-terrorism measure.
6
See S/PRST/2014/23.
7
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