A/HRC/16/50
I.
Introduction
1.
In its resolution 13/26 the Human Rights Council welcomed the report of the United
Nations High Commissioner for Human Rights on the protection of human rights and
fundamental freedoms while countering terrorism (A/HRC/13/36), as well as the work 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 requested the High
Commissioner to continue her efforts in this regard.
2.
The present report is submitted in accordance with Council resolution 13/26. In it the
High Commissioner highlights relevant developments that have taken place since the
submission of her last report, notably through initiatives adopted by the General Assembly
at its sixty-fifth session, including following the review of the United Nations Global
Counter-Terrorism Strategy; recent activities of the Counter-Terrorism Implementation
Task Force, the Security Council Committee established pursuant to resolution 1373 (2001)
concerning counter-terrorism (Counter-Terrorism Committee) and its Executive
Directorate; and other developments related to the regulation of private military and security
companies.
3.
While recognizing the immense, persistent challenges faced by Member States in
combating terrorism and safeguarding the security of individuals within their jurisdiction,
the High Commissioner continues to be deeply concerned at the erosion of respect for due
process, including the right to a fair trial, in the context of counter-terrorism policies and
practices. In the present report, the High Commissioner identifies issues of concern
including ongoing challenges to human rights and due process guarantees in relation to the
Security Council individual sanctions regime, as well as other practices which impede the
right to a fair trial in the context of counter-terrorism, such as the use of intelligence in
criminal justice processes.
II.
Recent developments
A.
Activities of the General Assembly
4.
On 3 September 2010, the General Assembly adopted resolution 64/297.1 In this
resolution, four years after the adoption of the United Nations Global Counter-Terrorism
Strategy (the “Global Strategy”)2, the General Assembly reaffirmed the Global Strategy and
its four pillars, which constitute an ongoing effort, and called upon Member States, the
United Nations and other appropriate international, regional and subregional organizations
to step up their efforts to implement the Global Strategy in an integrated manner and in all
its aspects. The resolution signalled a clear re-endorsement by all Member States that
human rights are the fundamental basis of the fight against terrorism, and that human rights
and countering terrorism are not conflicting goals but are mutually reinforcing.
5.
Through this resolution, the General Assembly also called upon United Nations
entities involved in supporting counter-terrorism efforts to continue to facilitate the
1
2
This resolution was adopted following General Assembly resolution 62/272 of 5 September 2008,
which called for, inter alia, an examination in two years of progress made in the implementation of the
Strategy and for consideration to be given to updating it to respond to changes, as also provided for in
General Assembly resolution 60/288 of 8 September 2006.
Resolution 60/288 of 8 September 2006.
3
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