A/HRC/13/36
terrorists’ support bases, undermining the goals that States set out to achieve. Upholding
human rights creates trust between the State and those under its jurisdiction, and such trust
can serve as the foundation of an effective response to terrorism. I highlighted that
meaningful protection also includes tackling the underlying causes of terrorism, such as the
obstacles to the enjoyment of economic, social and cultural rights.
10.
I sought to underscore that the time had come for the Security Council’s counterterrorism bodies to consider a broader approach in their vital work in this area, such as that
of the General Assembly in the United Nations Global Counter-Terrorism Strategy and
Plan of Action, which stressed not only the need for counter-terrorism measures, but also
the impact of such measures on human rights. I noted that because the Counter-Terrorism
Committee and the United Nations human rights machinery review counter-terrorism laws
and measures in parallel, better cooperation between them could provide additional
legitimacy and coherence to the United Nations system as a whole.
11.
I shared with the Counter-Terrorism Committee my views that it could play a key
role in placing the rule of law and human rights at the core of the fight against terrorism. I
mentioned six areas in particular:
(a)
The question of legality, including vague definitions of acts of terrorism that
have led to the prosecution of individuals for the legitimate, non-violent exercise of their
rights to freedom of expression, association and assembly, and which represent a violation
of the principle of legality;
(b)
The need to respect and protect non-derogable rights. I noted in this respect
that national, ethnic, racial or religious profiling raises concerns with regard to the nonderogable principles of equality and non-discrimination. I also raised the question of torture
and ill-treatment. These discriminatory and stigmatizing measures affect the rights of
communities and may lead to further marginalization and possibly radicalization within
those communities;
(c)
The expansion of surveillance powers and capacities of law enforcement
agencies and the need to adequately protect the right to privacy, which may severely
undermine international cooperation; as well as the use of torture and ill-treatment for
intelligence gathering, which taints evidence and makes it inadmissible at trial;
(d)
Accountability for human rights violations, which is especially crucial to
effective counter-terrorism strategies. True security can only be achieved where all
members of society cooperate with State authorities and are confident that the measures
adopted by these authorities to counter-terrorism are effective, proportionate, and respectful
of their human rights and dignity;
(e)
The issue of targeted sanctions. I noted that while I welcomed the recent
improvements in procedures related to the United Nations targeted sanctions regime,
further improvements were necessary to ensure a transparent listing process based on clear
criteria, and with a uniformly applied standard of evidence. Accessible and independent
mechanisms for review are also necessary;
(f)
Issues regarding the proper integration of a human rights approach to the
technical work of the Counter-Terrorism Committee. I suggested that consideration should
be given to include a human rights expert on all Committee visits to Member States and to
devote additional resources to this area of the Committee’s work.
I also reaffirmed the OHCHR commitment to supporting the Committee and its Executive
Directorate on all issues related to States’ compliance with human rights.
12.
From 8 to 10 November 2009, the Counter-Terrorism Committee Executive
Directorate and the Government of Bangladesh held a regional workshop in Dhaka on
6
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