Transcript Thematic Discussion on Human Rights & Resolution 1373 Counter-Terrorism Committee Executive Directorate (CTED) United Nations New York, 7 October 2010

Thematic Discussion on
Human Rights & Resolution 1373
Counter-Terrorism Committee Executive Directorate (CTED)
United Nations
New York, 7 October 2010
Security Council Resolutions
Since 2003, the Security Council has stressed:
“States must ensure that any measures
taken to combat terrorism comply with all their
obligations under international law, and should
adopt such measures in accordance with
international law, in particular human rights,
refugee and humanitarian law.”
--Resolutions 1456 (2003), 1535 (2004), 1566 (2004),
1624 (2005), 1787 (2007), 1805 (2008).
CTC Human Rights Policy Guidance
(May 2006)
 The Counter-Terrorism Committee decided that
its Executive Directorate (CTED) should, as
appropriate, “take account” of States’ obligations
under international law, including international
human rights law, refugee law, and humanitarian
law, when analysing implementation of
resolutions 1373 and 1624, preparing letters to
States, and organising country visits.
SC Presidential Statement S/PRST/2010/19
27 September 2010

The Security Council underlined the need to address the
conditions conducive to the spread of terrorism,
including, but not limited to, the need to strengthen
efforts for the prevent and resolve prolonged conflicts,
and the need to promote the rule of law, the protection of
human rights and fundamental freedoms, good
governance, tolerance and inclusiveness to offer a viable
alternative to those who could be susceptible to terrorist
recruitment and to radicalization leading to violence.

The Council further recognized “that development, peace
and security, and human rights are interlinked and
mutually reinforcing.”
UN General Assembly
Global Counter-Terrorism Strategy (2006)

Reaffirmed that the promotion and protection of human
rights and the rule of law are essential to all aspects of
the Strategy

Declared that effective counter-terrorism measures and
the protection of human rights are not conflicting goals,
but complementary and mutually reinforcing

Stressed the need to promote and protect the rights of
victims of terrorism

Recognized that violations of human rights and absence
of rule of law can be “conditions conducive” to terrorism
CTC and CTED Relevant Initiatives

Establishment of CTED internal working group on issues
raised by 1624 (2005) and human rights aspects of 1373

Strategic partnerships with outside entities (OHCHR,
Special Rapporteur, regional organizations)

Participation in CTITF working groups (on human rights;
misuse of the Internet; border control)

Inclusion of human rights issues in the Committee’s
Technical Guide on implementation of 1373, and the
Committee’s Global Implementation Surveys
Security Council Resolution 1373 (2001)
Relevant human rights issues include:

Ensuring that laws are not vague or overbroad
(compliance with the principle of legality);

Due process protections in freezing of assets;

Human rights safeguards in special criminal procedures
and in bringing terrorists to justice;

Effective safeguards against refoulement;

Effective protection of refugee rights.
Additional Relevant Issues
 Regulation of charitable organizations
(suppression of the abuse of charities must also
ensure respect for the rights to freedom of
conscience, expression and association);
 Activities of law enforcement bodies, intelligence
agencies and others responsible for prevention
(importance of oversight mechanisms);
 Border control and transportation security (need
to consider the right to privacy; and freedom
from discrimination and unlawful profiling)
The Benefits of a
Human Rights-Based Approach
 Respect for human rights and rule of law
facilitates bringing terrorists to justice
 International cooperation is strengthened;
obstacles to extradition and evidence-sharing
are removed
 Counter-terrorism based on human rights
promotes better engagement by States
internationally, and by civil society nationally
Human Rights, Rule of Law,
and Technical Assistance
 Committee's policy guidance: CTED should take
account, as appropriate, of “assistance with a
view to enhancing institutions and strengthening
the rule of law,” in identifying needs of States
 Relevant considerations: professional law
enforcement; appropriate legislation; overall rule
of law framework
 Key partners and assistance providers:
OHCHR; UNODC; regional organizations
CTED Communications Strategy
 Committee’s human rights policy
guidance: CTC and CTED “should
incorporate human rights into their
communications strategy,” as appropriate
 Need to dispel continuing misconceptions
about role of human rights in work of the
Committee and CTED
Recommendations

CTED should remain guided by the 2006 policy guidance

The CTED internal working group on resolution 1624 and HR
aspects of 1373 should continue to develop advice and guidelines
on effective implementation measures

CTED should strengthen links with OHCHR, the Special Rapporteur,
other relevant special procedures and mechanisms of the Human
Rights Council, and other bodies, as appropriate

CTED should remain active in the CTITF human rights working
group, as well as other CTITF working groups

Relevant human rights issues should continue to be addressed in
the Committee's Technical Guide and global surveys

CTED should incorporate human rights more proactively into its
technical assistance recommendations and more effectively into its
communications strategy.
For Member States

Continue to ensure that any measures they take to
implement resolution 1373 (2001) comply with all their
obligations under international law

Take a proactive approach to ensuring the human rights
compliance of their counter-terrorism measures,
including by promoting exchange of views at national
level, as appropriate

Make full use of resources, including assistance of
OHCHR, the Special Rapporteur, other relevant special
procedures and mechanisms of the Human Rights
Council, and regional human rights organizations

Ensure that human rights training is part of professional
development and awareness-raising programs.
Thank you.