Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/62/159No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 70bHuman rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2008.

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).

What subjects does this mandate have?

18 topics

Counter-Terrorism Derogation Detained Persons Due Process of Law Human Rights International Humanitarian Law International Law International Obligations Minorities Prisoner Treatment Refoulement Refugee Law Refugee Protection Refugee Status Special Procedures Terrorism Torture and Other Cruel Treatment Treaty-Monitoring Bodies

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2008.

2008A/63/337Protecting 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, expresses its profound solidarity with them, and stresses the need to consider providing them with assistance on a voluntary basis;

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;

Reaffirms that counter-terrorism measures should be implemented in full consideration of the human rights of persons belonging to minorities and must not be discriminatory on grounds such as 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;

Calls upon States to refrain from returning persons, including in cases related to terrorism, to their countries of origin or to a third State whenever such transfer would be contrary to their obligations under international law, in particular human rights law, international humanitarian law and international refugee law, including in cases where there are substantial grounds for believing that they would be in danger of subjection to torture, or where their life or freedom would be threatened in violation of international refugee law on account of their race, religion, nationality, membership of a particular social group or political opinion, bearing in mind obligations that States may have to prosecute individuals not returned;

Also calls upon States to ensure that guidelines and practices in all border control operations and other pre-entry mechanisms are clear and fully respect their obligations under international law, particularly refugee law and human rights law, towards persons seeking international protection;

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

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 of the Human Rights Council and the relevant comments and views of United Nations human rights treaty bodies;

Takes note with appreciation of the report of the Secretary-General and the report of the Special Rapporteur of the Human Rights Council on the promotion and protection of human rights and fundamental freedoms while countering terrorism submitted pursuant to resolution 61/171, and takes note of the recommendations and conclusions contained therein;

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;

Calls upon States and other relevant actors, as appropriate, to continue to implement the United Nations Global Counter-Terrorism Strategy,Error: Reference source not found which, inter alia, reaffirms respect for human rights for all and the rule of law as the fundamental basis of the fight against terrorism;

Requests the Office of the High Commissioner and the Special Rapporteur to continue to contribute to the work of the Counter-Terrorism Implementation Task Force, including by raising awareness about the need to respect human rights while countering terrorism;

Acknowledges with appreciation the cooperation between the Special Rapporteur and all other 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, as well as to cooperate with other relevant procedures and mechanisms of the Human Rights Council dealing with the promotion and protection of human rights and fundamental freedoms while countering terrorism;

Calls upon States to give serious consideration to responding favourably to requests by the Special Rapporteur to visit their countries;

Welcomes the work of the United Nations High Commissioner for Human Rights to implement the mandate given to her in 2005, 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-third session;

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

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Who created this mandate?

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What does this mandate say?

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