A/HRC/13/36
I. Introduction
1.
The present report is submitted in accordance with Council resolution 10/15. In its
resolution 7/7, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to continue her efforts 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;
(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.
In its resolution 10/15, the Human Rights Council called upon States to ensure
access to an effective remedy where human rights are violated as a result of counterterrorism measures, and provide adequate, prompt and effective reparations for victims.
The present report addresses developments in respect of the protection of human rights
while countering terrorism over the past year. In the same resolution, the Human Rights
Council requested the High Commissioner for Human Rights “to present [her report],
bearing in mind the content of the present resolution, to the Council at its thirteenth session
under its agenda item 3, in conformity with its annual programme of work”.
II. Recent developments
A.
Implementation of the United Nations Global Counter-Terrorism
Strategy and the Counter-Terrorism Implementation Task Force
3.
Through the United Nations Global Counter-Terrorism Strategy and Plan of Action,
adopted by the General Assembly in its resolution 60/288, Member States reaffirmed that
acts, methods and practices of terrorism in all its forms and manifestations are activities
aimed at the destruction of human rights, fundamental freedoms and democracy. They
committed to adopting measures to ensure respect for human rights for all and to use the
rule of law as the fundamental basis of the fight against terrorism. Member States also
resolved to ensure that measures taken to counter terrorism comply with their obligations
under international human rights law.
4.
In the Plan of Action, it was reaffirmed that the Office of the United Nations High
Commissioner for Human Rights (OHCHR) should play a lead role in examining the
protection of human rights while countering terrorism. OHCHR continued to lead the
Working Group on Protecting Human Rights While Countering Terrorism of the CounterTerrorism Implementation Task Force established by the Secretary-General in 2005, in an
effort to ensure a coordinated and coherent approach across the United Nations system to
counter-terrorism. In 2008, the Monitoring Team of the Security Council Committee
established pursuant to resolution 1267 (1999) (Counter-Terrorism Committee) joined the
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GE.10-10442
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