A/HRC/40/52
system, except when requested by the assessed Member State to keep selected information
confidential, and to share its findings outside the United Nations system, including with
civil society, “as appropriate” and “in consultation with” the Committee, place caveats that
plainly mean that transparency remains discretionary. It remains difficult to determine
whether human rights are now meaningfully taken into consideration.
69.
As a subsidiary body of the Security Council and an initial point of contact for
States, the Counter-Terrorism Committee must engage more proactively and transparently
with Governments, increasing its responsibility for how States use Council resolutions to
violate human rights at the national level. An effective and transparent mechanism must be
found to address Governments that overreport or overstate the effectiveness of their
counter-terrorism legislation when the empirical reality demonstrates misuse of such
legislation. The Committee also needs to engage more fully with United Nations human
rights mechanisms on reports and prior to any State visit. Proximity with the United
Nations human rights machinery, which has built strong relationships and works closely
with civil society actors at all levels, would contribute to allowing meaningful integration
of civil society’s insights.
70.
The envisaged creation of a civil society unit within the Office of Counter-Terrorism
is an important institutionalization of the commitment to enhance engagement by United
Nations Global Counter-Terrorism Coordination Compact entities included in the sixth
review of the United Nations Global Counter-Terrorism Strategy. Civil society
representation within the unit should be inclusive, legitimate, diverse and independent. The
process for inclusion needs to be robust and transparent.
V. Conclusions and recommendations
71.
As revealed by the percentage of communications sent by the Special
Rapporteur to States, among other data points, broad invocations of the need to
counter terrorism, to prevent and counter violent extremism and to protect national
security have been abused by a number of States to close civic space.
72.
The mandate holder makes the recommendations listed below.
73.
The United Nations, particularly the Security Council, the Counter-Terrorism
Committee and its Executive Directorate, the Office of Counter-Terrorism and the
Counter-Terrorism Implementation Task Force, as well as the General Assembly and
the Human Rights Council, must genuinely, proactively, meaningfully and
constructively engage with a broad representation of local and international, diverse
and independent civil society actors on counter-terrorism and the prevention and
countering of violent extremism. In particular:
(a)
Civil society’s input must be sought in developing all resolutions on
counter-terrorism and prevention and countering of violent extremism to offer views
and assess strategy and to provide information on the possible adverse impact of
proposed measures on civil society;
(b)
The Counter-Terrorism Committee and its Executive Directorate should
meet formally and regularly with civil society actors on substantive and country
issues, and the Security Council should consider regular briefings by civil society on
thematic items and on geographic agenda items;
(c)
Given the close working relationship between civil society and United
Nations human rights mechanisms, formal and transparent cooperation between
United Nations counter-terrorism bodies and human rights mechanisms must be
enhanced. This mandate holder and other relevant special procedure mandate holders
should be formally invited on a regular basis to brief the Counter-Terrorism
Committee and its Executive Directorate. The General Assembly should convene an
open yearly debate on the fourth pillar of the United Nations Global CounterTerrorism Strategy in which civil society is fully and meaningfully included;
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