A/HRC/8/13
page 4
Introduction
1.
By its resolution 7/7 of 28 March 2008 on the protection and promotion of human rights
while countering terrorism, the Human Rights Council requested the High Commissioner for
Human Rights to “implement the mandate given to her by the Commission on Human Rights in
its resolution 2005/80 and the General Assembly in its resolution 60/158”, and report to the
Council. These two resolutions request the High Commissioner for Human Rights, making use
of existing mechanisms, to continue:
(a) To examine the question of the protection of human rights and fundamental freedoms
while countering terrorism, taking into account reliable information from all sources;
(b) To make general recommendations concerning the obligation of States to promote
and protect human rights and fundamental freedoms while taking actions to counter terrorism;
and
(c) To provide assistance and advice to States, upon their request, on the protection of
human rights and fundamental freedoms while countering terrorism, as well as to relevant
United Nations bodies.
2.
The present report is submitted in accordance with the Council resolution.
3.
Terrorist acts are crimes, albeit of particularly serious nature. Preventive measures,
investigation and prosecution of these crimes must be founded on the rule of law, and based
on internationally recognized human rights principles. The achievement of these measures is
central to the effective implementation of the Global Counter-Terrorism Strategy adopted by the
General Assembly at its sixtieth session.1 The Strategy rightly situates human rights as the
fundamental basis of the fight against terrorism and emphasizes that States must ensure that any
measure taken to confront terrorism complies with their obligations under international law, in
particular human rights law. It reinforces that an effective counter-terrorism approach must
combine preventive measures with efforts to address grievances and underlying social,
economic, and political conditions. These conditions include, but are not limited to,
prolonged unresolved conflicts, dehumanization of victims of terrorism, lack of rule of law and
violations of human rights, ethnic, national and religious discrimination, political exclusion,
socio-economic marginalization and lack of good governance, while recognizing that none of
these conditions can excuse or justify acts of terrorism. It is necessary to address the long-term
structural conditions that may give rise to terrorism.
4.
It has now become clear that upholding human rights is not at odds with confronting
terrorism; on the contrary, the moral vision of human rights coupled with the nature of legal
obligations to uphold these rights foster deep respect for the dignity of each person. National
1
United Nations Global Counter-Terrorism Strategy, General Assembly resolution 60/288.
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