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; 19

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