A/HRC/34/30
bodies have expressed serious concern about the potential for arbitrary or unlawful
interference in the right to privacy that such programmes have raised.48 One contribution to
the present report noted that the use of information and communications technologies by
terrorist organizations for recruitment purposes does not diminish the importance of States’
obligations to respect the right to privacy as enshrined in international law. 49
34.
With regard to draft legislation on intelligence and security services, one
contribution to the present report criticized the fact that, in one jurisdiction, the necessity of
extending the power of untargeted interception of telecommunications and other means of
data transfer had not been sufficiently demonstrated; the draft legislation provided for prior
authorization of interception and other surveillance measures by a Cabinet minister, not by
an independent body or judge; and the supervisory body was not granted the power to take
binding decisions on the legality and proportionality of ongoing surveillance and
interception operations.50 Concerning the bill on investigatory powers in another country,
one contribution suggested that its safeguards be improved since the unlawful use of
investigatory powers may not be subjected to sufficient scrutiny under the current draft
because those subject to surveillance would often be unaware of it and thus not in a position
to be able to make a complaint.51 In another contribution, concern was expressed at national
legislation introduced in 2015 to combat the movement of foreign fighters, which
authorizes the defence intelligence service to process information on residents of that
country and allows for interference in private communications of individuals who have a
lower suspicion threshold than what the security and intelligence service of the national
police would need to meet within the criminal justice system.52
5.
Impact on freedom of opinion and expression, freedom of religion or belief and
freedom of peaceful assembly and association
35.
On 23 July 2016, a suicide attack against peaceful demonstrators in Kabul — for
which ISIL claimed responsibility — resulted in the deaths of at least 85 civilians and
injury to more than 400 others, mainly Shia Muslims of Hazara ethnicity. In a special
report, the United Nations Assistance Mission in Afghanistan concluded that the attack
appeared to have deliberately targeted persons belonging to a specific ethnic and religious
community and had a serious negative impact on demonstrators’ rights to freedom of
opinion and expression and peaceful assembly. 53
36.
Reports indicate that ISIL deliberately prevents members of religious minorities
from practising their faith and specifically targets them because they belong to a religious
minority. In Nigeria, Boko Haram has engaged in forced religious conversions and targeted
civilian objects protected under international law, including bomb attacks against churches
and mosques.54
37.
Security-related measures taken by States, including the adoption of national
counter-terrorism legislation, have resulted in violations of the right to freedom of opinion
and expression and have directly affected the work of media professionals, human rights
48
49
50
51
52
53
54
10
See A/HRC/27/37; and A/HRC/28/28, para. 25.
See contribution from Brazil; also General Assembly resolutions 68/167 and 69/166.
See contribution from the Netherlands Institute for Human Rights.
See contribution from the Equality and Human Rights Commission, Great Britain.
See contribution from the Danish Institute for Human Rights.
See United Nations Assistance Mission in Afghanistan, “Attack on a peaceful demonstration in Kabul,
23 July 2016”, special report (October 2016), para. 39. Available at https://unama.unmissions.
org/sites/default/files/23_july_suicide_attack_against_peaceful_demonstration_-_18_oct_2016.pdf.
See A/HRC/30/67, paras. 29 and 47-48; also contribution from Alliance Defending Freedom
International.
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