A/HRC/30/64
evidence, which could pose challenges in terms of human rights. Thus, appropriate rule of
law-based approaches aligned with the principles of necessity and proportionality must be
identified. He also mentioned that UNODC had integrated human rights good practices in
its curricula and believed that more engagement with parliamentarians was important.
43.
A number of delegates cautioned that attempts to prevent terrorism were
unnecessarily and disproportionately infringing on human rights — particularly civil and
political rights. One delegate noted that the freedoms of peaceful assembly, expression and
association facilitated a range of other human rights and were key elements of open and
democratic societies because the ability to share and challenge ideas, and to organize was
vital to the health of any society. A society without those rights would stagnate. Under
human rights law, any limitations on the freedom of expression must be provided by law
and be necessary for respect for the rights or reputation of others or the protection of
national security, public order, public health or morals. Any limitations must be in
accordance with an appropriate, transparent and legal framework and national security
agencies must have appropriate authority and oversight to allow States to respond quickly
to threats to national security while respecting their human rights obligations. Another
delegate said that State efforts should not constrain civil society and that, when States
committed human rights violations in the name of counter-terrorism, they played into the
hands of terrorist groups. Other delegates noted that social media had often been used to
spread radical messages and for purposes such as incitement to terrorism.
44.
Representatives of NGOs and national human rights institutions provided specific
examples of instances in which the freedoms of speech, expression and association had
been curtailed as States attempted to combat terrorism. Concern at laws on terrorism that
lacked the requisite specificity was voiced and reference was made to overly broad counterterrorism measures which had a negative impact on and arbitrarily restricted human rights
and which were in breach of the principle of legality. States should not use counterterrorism as a smokescreen to stifle dissenting voices and Governments had a responsibility
to protect those under their jurisdiction from extremist attacks, but should not use counterterrorism as a reason to prosecute alleged terrorism offences in mass trials, conduct mass
surveillance or pass legislation with large discretionary powers.
45.
One delegate, speaking on behalf of a regional group of States, referred to the
problematic use of the death penalty in counter-terrorism efforts. Concern was expressed
that States resorted to the death penalty for authors of acts of terrorism, even when the
offence of terrorism was broadly and vaguely defined. The fact that intergovernmental
organizations provided assistance to States that applied the death penalty was highlighted,
and the panellists were asked about the steps that United Nations agencies had taken to
ensure that the support and assistance they provided did not render them complicit in
executions. In response, the Deputy Director of the Counter-Terrorism Implementation
Task Force Office and the United Nations Counter-Terrorism Centre stated that the
Secretary-General continued to condemn the death penalty in all circumstances and that the
work of the Counter-Terrorism Implementation Task Force Office was conducted within
the international human rights legal framework. The Chief of Implementation Support
Section III stated that UNODC technical assistance interventions integrated protection of
human rights in all areas. He noted that UNODC had suspended cooperation with countries
that had not respected human rights or democratic principles.
46.
One delegate highlighted the need for women’s rights to be central to all efforts to
counter terrorism, noting that extremists had placed the subordination of women and the
denial of their rights at the heart of their strategy. It advocated for the Human Rights
Council to continue to advance the promotion and protection of women’s full and equal
enjoyment of all human rights.
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