A/HRC/40/52
appropriate, on how to enhance efforts to implement the Strategy, it is the first United
Nations counter-terrorism document to refer to civil society. Unfortunately, the inclusion of
the clause “as appropriate” left it to States to determine if and how they wished to engage
with civil society and revealed a lack of consensus about civil society’s role in Strategy
implementation. This debate has persisted throughout subsequent reviews, leading a
number of countries to object to stronger language on civil society engagement. In its
resolution 72/284, the latest resolution entitled “The United Nations Global CounterTerrorism Strategy Review”, the Assembly encourages civil society interaction with States
and the United Nations system to enhance the implementation of the Strategy “as
appropriate”, and encourages Member States and the Counter-Terrorism Implementation
Task Force to enhance engagement with civil society. NGOs rightly stated the following:
“At a time when civic space is being essentially eroded around the world … we are deeply
disappointed that the review does not recognize the essential role that civil society plays in
guarding against abusive counter-terrorism practices and responding to and preventing the
conditions conducive to terrorism … States can and should do better, and make sure the UN
does too.”48
29.
Of significant concern to the mandate holder is the adoption of resolutions, by the
General Assembly and the Human Rights Council, on the effects of terrorism on human
rights.49 These resolutions function to instrumentalize victims in order to bolster the need
for greater counter-terrorism measures and thus weaken the international system as a
whole. 50 It is of even greater concern that the Assembly has merged this new series of
resolutions with the resolutions on the protection of human rights and fundamental
freedoms while countering terrorism, in a new resolution on terrorism and human rights. 51
The new “streamlined”, resolution does retain some key aspects relating to civil society
contained in resolution 72/180, namely, that States must safeguard the work of civil society,
and that they are to ensure that measures taken to counter terrorism do not hinder the work
and safety of those organizations and that they are in compliance with the obligations of
States under international law. Regrettably, some of the key human rights aspects gained
during the drafting process of the resolutions on protection of human rights have been lost.
Given the range of measures that can affect civil society actors, the Assembly must address
the deficits that have followed from the merger.
C.
Role of new global outsource entities
30.
In contradistinction to the United Nations counter-terrorism framework, which,
despite administrative flaws, is an inclusive regulatory structure including all States
Members of the United Nations and operating within the legal structure of the Charter of
the United Nations, a number of opaque and inaccessible outsource entities lacking global
legitimacy have consolidated within the counter-terrorism architecture. As these entities –
initially – responded to the particular counter-terrorism interests of selected States, they
developed a narrower set of perspectives and inputs. They are largely characterized by the
development of “soft law” standards and practices, often uninformed by human rights law,
and without input from civil society. The exclusion of civil society from these highly
influential regulatory bodies underscores the patterns of exclusion and accountability gaps
highlighted throughout the present report. Through a process of “exportation” to and
”integration” of regulations and standards into other structures and through national
implementation these entities have enabled global regulation that might not have emerged
had formal law-making processes been fully complied with. This process raises
fundamental concerns about transparency, fairness, sovereignty and oversight. The
48
“Global group of NGOs deplore lack of attention to human rights in latest review of UN’s global
counterterrorism strategy by UN Member States”, (11 July 2018).
49
50
For example, General Assembly resolution 72/246 and Human Rights Council resolution
31/30.
Article 19, “UNHRC 31: Egypt-led ‘terrorism’ resolution is a danger to human rights”, 31
March 2016.
51
Resolution 73/174.
9
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