Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/61/171View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 67b Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2007.

What other versions does this mandate have?

20 versions · 2004–2018

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

Year	Symbol	Title	Word length	Text similarity
2018	A/RES/72/180	Protection of human rights and fundamental freedoms while countering terrorism	3,143	17%Compare
2017	A/HRC/RES/35/34	Protection of human rights and fundamental freedoms while countering terrorism	2,233	65%Compare
2016	A/HRC/RES/33/21	Protection of human rights and fundamental freedoms while countering terrorism	2,816	16%Compare
2016	A/RES/70/148	Protection of human rights and fundamental freedoms while countering terrorism	3,559	18%Compare
2015	A/HRC/RES/29/9	Protection of human rights and fundamental freedoms while countering terrorism	1,784	77%Compare

Which reports were submitted under this mandate?

12 reports · 2004–2019

Year	Symbol	Title	Mandate resolution
2019	A/74/270	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/72/180
2017	A/72/316	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/70/148
2015	A/70/271	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/68/178
2013	A/68/298	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/66/171
2011	A/66/204	Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-General	A/RES/65/221

What’s in this document?

18 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,⁸ 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;⁹

⁸See resolution 2200 A (XXI), annex.

⁹See, for example, General Comment No. 29 on states of emergency adopted by the Human Rights Committee on 24 July 2001.

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

Reaffirms that counter-terrorism measures should be implemented in full consideration of minority rights and must not be discriminatory on the grounds of race, colour, sex, language, religion or social origin;

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;

Also urges States, while countering terrorism, to ensure due process guarantees, consistent with all relevant provisions of the Universal Declaration of Human Rights,¹⁰ the International Covenant on Civil and Political Rights and the Geneva Conventions of 1949,¹¹ in their respective fields of applicability;

¹⁰Resolution 217 A (III).

¹¹United Nations, Treaty Series, vol. 75, Nos. 970–973.

Opposes any form of deprivation of liberty that amounts to placing a detained person outside the protection of the law, and urges States to respect the safeguards concerning the liberty, security and dignity of the person and to treat all prisoners in all places of detention in accordance with international law, including human rights law and international humanitarian law;

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;

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

Takes note with interest of the report of the Secretary-General submitted pursuant to resolution 60/158;¹²

¹²A/61/353.

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 on the promotion and protection of human rights and fundamental freedoms while countering terrorism and other relevant special procedures and mechanisms of the Human Rights Council, giving due regard to the promotion and protection of human rights in the ongoing work pursuant to relevant Security Council resolutions relating to terrorism;

Takes note with appreciation of the report of the Special Rapporteur submitted pursuant to Commission on Human Rights resolution 2005/80;¹³

¹³See A/61/267.

Acknowledges with appreciation the cooperation between the Special Rapporteur and all relevant procedures and mechanisms of the Human Rights Council as well as the United Nations human rights treaty bodies, and urges them to continue their cooperation, in accordance with their mandates, and to coordinate their efforts, where appropriate, in order to promote a consistent approach on this subject;

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;

Welcomes the work done by the United Nations High Commissioner for Human Rights to implement the mandate given to her in resolution 60/158, and requests the High Commissioner to continue her efforts in this regard;

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

Decides to consider at its sixty-second session the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

Who adopted this document and its mandates?

What other versions does this mandate have?

Which reports were submitted under this mandate?

What subjects does this mandate have?

What’s in this document?

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