Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/60/158No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 71bHuman rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2006.

What other versions does this mandate have?

20 versions · 2004–2018

This is an older version — the most recent is A/RES/72/180

2018A/RES/72/180Protection of human rights and fundamental freedoms while countering terrorismLatestCompare with previous version
2017A/HRC/RES/35/34Protection of human rights and fundamental freedoms while countering terrorismCompare with previous version
2016A/RES/70/148Protection of human rights and fundamental freedoms while countering terrorismCompare with previous version
2016A/HRC/RES/33/21Protection of human rights and fundamental freedoms while countering terrorismCompare with previous version
2015A/HRC/RES/29/9Protection of human rights and fundamental freedoms while countering terrorismCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2006.

2006A/61/353Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

22 operative paragraphs

Reaffirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law;

Deplores the suffering caused by terrorism to the victims and their families, and expresses its profound solidarity with them;

Reaffirms the obligation of States, in accordance with article 4 of the International Covenant on Civil and Political Rights, to respect certain rights as non-derogable in any circumstances, recalls, in regard to all other Covenant rights, that any measures derogating from the provisions of the Covenant must be in accordance with that article in all cases, and underlines the exceptional and temporary nature of any such derogations;

Calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism;

Urges States to fully respect non-refoulement obligations under international refugee and human rights law and, at the same time, to review, with full respect for these obligations and other legal safeguards, the validity of a refugee status decision in an individual case if credible and relevant evidence comes to light that indicates that the person in question has committed any criminal acts, including terrorist acts, falling under the exclusion clauses under international refugee law;

Welcomes the establishment by the Commission on Human Rights in its resolution 2005/803 of the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism;

Reaffirms that it is imperative that all States work to uphold and protect the dignity of individuals and their fundamental freedoms, as well as democratic practices and the rule of law, while countering terrorism, as stated in the report of the Secretary-General submitted pursuant to General Assembly resolution 58/187;

Takes note with appreciation of the study of the United Nations High Commissioner for Human Rights submitted pursuant to resolution 58/187;

Encourages States to make available to relevant national authorities the “Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection of Human Rights while Countering Terrorism” and to take into account its content, and requests the High Commissioner to update and publish it periodically;

Welcomes the ongoing dialogue established in the context of the fight against terrorism between the Security Council and its Counter-Terrorism Committee and the relevant bodies for the promotion and protection of human rights, and encourages the Security Council and its Counter-Terrorism Committee to strengthen the links and to continue to develop cooperation with relevant human rights bodies, in particular with the Office of the United Nations High Commissioner for Human Rights, the Special Rapporteur of the Commission on Human Rights on the promotion and protection of human rights and fundamental freedoms while countering terrorism and other relevant special procedures and mechanisms of the Commission, giving due regard to the promotion and protection of human rights in the ongoing work pursuant to relevant Security Council resolutions relating to terrorism;

Stresses that, while developing, as agreed at the 2005 World Summit, a strategy to promote comprehensive, coordinated and consistent counter-terrorism responses, full consideration should be given throughout the process to the protection of human rights and fundamental freedoms and to the provisions of international humanitarian law and international refugee law;

Requests all relevant special procedures and mechanisms of the Commission on Human Rights, as well as the United Nations human rights treaty bodies, to cooperate, within their mandates, with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, and encourages the Special Rapporteur to work closely with them to coordinate efforts, where appropriate, in order to promote a consistent approach on this subject;

Encourages States, while countering terrorism, to take into account relevant United Nations resolutions and decisions on human rights, and encourages them to consider the recommendations of the special procedures and mechanisms of the Commission on Human Rights and the relevant comments and views of United Nations human rights treaty bodies;

Takes note with appreciation of the report of the independent expert on the protection of human rights and fundamental freedoms while countering terrorism;

Takes note with interest of the report of the Secretary-General submitted pursuant to General Assembly resolution 59/191;

Takes note with appreciation of the report of the Special Rapporteur submitted pursuant to Commission on Human Rights resolution 2005/80, and the four features of his mandate emphasized, namely, complementarity, comprehensiveness, its proactive nature and its thematic approach, and requests the Special Rapporteur to report regularly to the General Assembly and to the Commission on Human Rights;

Requests all Governments to cooperate fully with the Special Rapporteur in the performance of the tasks and duties mandated, including by reacting promptly to the urgent appeals of the Special Rapporteur and providing the information requested;

Requests the High Commissioner, making use of existing mechanisms, to continue:

To examine the question of the protection of human rights and fundamental freedoms while countering terrorism, taking into account reliable information from all sources;

To make general recommendations concerning the obligation of States to promote and protect human rights and fundamental freedoms while taking actions to counter terrorism;

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;

Requests the Secretary-General to submit a report on the implementation of the present resolution to the Commission on Human Rights at its sixty-second session and to the General Assembly at its sixty-first session.

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Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

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