A/HRC/13/36
“collateral damage”, in which children are often the victims, resulting from precision aerial
bombardment and other types of military operation.
16.
The United Nations human rights treaty bodies have continued to take up issues
related to terrorism in their examination of State party reports and individual complaints. In
their concluding observations, different committees have urged States parties to recognize
and ensure that the human rights treaties apply at all times, in any territory under their
jurisdiction. The Secretary-General has recently reported on key developments in this field
to the General Assembly (see A/64/186); I would like to focus on the most recent
developments.
17.
On 18 and 19 November 2009, my Office participated in a workshop in Jakarta
hosted by the Center on Global Counterterrorism Cooperation and Nahdatul Ulama with
support from the Governments of Germany and Sweden. The aim of the workshop was to
raise awareness of the United Nations Global Counter-Terrorism Strategy among civil
society in South-East Asia and to explore the possibilities for greater civil society
participation in efforts to implement the global framework in a manner that reflects the
needs and priorities across the region.
18.
On 30 November 2009, OHCHR participated in an Arria Formula meeting on
strengthening a United Nations integrated approach to human rights and counter-terrorism
through the role of the Security Council. The meeting was convened by the Government of
Mexico, which invited speakers who were members of the Eminent Jurist Panel of the
International Commission of Jurists. Participants included members of the Security
Council, representatives of the 1267 Committee, the Counter-Terrorism Committee
Executive Directorate and the Chair of the Counter-Terrorism Implementation Task Force.
III. Issues of concern: accountability and reparations
19.
A major challenge facing States today is accountability for serious violations of
human rights that have taken place in the context of counter-terrorism measures and the
rights of victims to remedy and reparations. In recent years, serious violations have taken
place affecting fundamental rights, including wilful killings, summary executions,
disappearances, torture and arbitrary detention. These practices have rarely been
investigated thoroughly, perpetrators have often not been punished, and reparations to
victims have not been forthcoming.
20.
In article 2, paragraph 3, of the International Covenant on Civil and Political Rights,
it is spelled out that in addition to effective protection of Covenant rights, States parties
must ensure that individuals have accessible and effective2 remedies to vindicate those
rights,3 which was restated by the Human Rights Committee in its general comment No. 31
(2004). The Committee stated that it attaches importance to States parties establishing
appropriate judicial and administrative mechanisms for addressing claims of rights
violations under domestic law. The Committee noted that the enjoyment of the rights
recognized under the Covenant can be effectively assured by the judiciary in many different
ways, including direct applicability of the Covenant, application of comparable
2
3
8
See Committee against Torture, communication No. 291/2006, Ali v. Tunisia, 21 November 2008.
See also European Court of Human Rights, application No. 52391/99, Ramsahai and others v. the
Netherlands, 15 May 2007, para. 324. See also CCPR/CO/79/LVA, CCPR/C/LBY/CO/4,
CCPR/C/79/Add.121 (Human Rights Committee, 2000), CAT/C/GUY/CO/1 (Committee against
Torture, 2006).
Human Rights Committee, communication No. 1332/2004, Juan García Sánchez and Benvenida
González Clares v. Spain, 31 October 2006.
GE.10-10442
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