RES/28/17 Effects of terrorism on the enjoyment of human rights

GE.15-07389 (E)



Human Rights Council Twenty-eighth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

28/17. Effects of terrorism on the enjoyment of human rights

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights, the International Covenant

on Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights and other relevant international human rights instruments,

Recalling relevant resolutions of the General Assembly, the Security Council, the

Commission on Human Rights and the Human Rights Council concerning terrorism,

including Assembly resolutions 46/51 of 9 December 1991, 60/288 of 8 September 2006,

64/297 of 8 September 2010, 66/10 of 18 November 2011 on the United Nations Counter-

Terrorism Centre established on the initiative of the United Nations and Saudi Arabia, and

68/178 of 18 December 2013, Commission resolution 2004/44 of 19 April 2004 and

Human Rights Council resolution 25/7 of 27 March 2014, and reaffirming its commitment

to the United Nations Global Counter-Terrorism Strategy and its four pillars, adopted by

the Assembly in its resolution 60/28 of 8 September 2006,

Reaffirming that all human rights, civil, political, economic, social and cultural

rights are universal, indivisible, interdependent and interrelated,

Recognizing that the objectives of countering terrorism and of the protection and

promotion of human rights are not conflicting but complementary and mutually reinforcing,

Taking note of the report of the United Nations High Commissioner for Human

Rights on the protection of human rights and fundamental freedoms while countering

terrorism,1

1 A/HRC/28/28.

United Nations A/HRC/RES/28/17

General Assembly

Reaffirming its strongest condemnation of the continuing heinous acts of terrorism

that have indiscriminately caused enormous loss of human life, destruction and damage to

societies, detrimentally affected human rights, such as the right to life and security of

person, undermined the rule of law and democratic freedoms, threatened socioeconomic

development and impeded the full realization of the economic, social and cultural rights

that are indispensable for human dignity and development of the human personality, thus

representing a grave threat to international peace and security,

Reaffirming that acts, methods and practices of terrorism in all its forms and

manifestations are activities aimed at the destruction of human rights, fundamental

freedoms and democracy, thus threatening the territorial integrity and security of States and

destabilizing legitimately constituted Governments, and that the international community

should take the steps necessary to enhance cooperation to prevent and combat terrorism,

Condemning unequivocally all acts, methods and practices of terrorism in all its

forms and manifestations, wherever and by whomsoever committed, regardless of their

motivation, as criminal and unjustifiable, and renewing its commitment to strengthen

international cooperation to prevent and combat terrorism,

Expressing deep concern at the fact that some grave crimes committed by terrorist

groups, including mercenaries and foreign fighters, have targeted persons and groups on the

basis of their ethnic and religious background,

Reaffirming that States must ensure that any measures taken to counter terrorism

should be in line with national legislation and in conformity with international law, in

particular international human rights law and international humanitarian law,

Recalling its resolution 16/18 of 24 March 2011 and the Rabat Plan of Action on the

prohibition of advocacy of national, racial or religious hatred that constitutes incitement to

discrimination, hostility or violence as important tools to counter violent extremism, and

calling for their effective implementation by the international community as a means to

deprive radical groups and individuals of any justification for violent extremism on the

grounds of ethno-religious stigmatization and discrimination,

1. Strongly condemns all terrorist acts and expresses grave concern at their

detrimental effects on human rights, including the right to life, liberty and security of

person;

2. Condemns all terrorist acts on State institutions, public sites, individual

property, national monuments and historical and cultural relics;

3. Expresses its concern that terrorist groups have targeted entire population

segments indiscriminately, and in some cases on the basis of their ethnic and religious

backgrounds;

4. Reaffirms the primary responsibility of the State to protect its citizens against

terrorism;

5. Urges all States to deny all forms of support for terrorist groups, including

financial support, and to deny safe haven to those who incite, plan, finance, support or

commit terrorist acts;

6. Reiterates the obligation of States to prevent and suppress the financing of

terrorist acts, including ransom payment, and to criminalize the wilful provision or

collection by any means, directly or indirectly, of funds by their nationals or in their

territories, with the intention that the funds be used, or with the knowledge that they are to

be used, to carry out terrorist acts;

7. Urges States to take appropriate measures to duly investigate the incitement,

preparation, instigation or commission of acts of terrorism and, where appropriate, to

prosecute, convict and punish those engaged in such acts in accordance with national

criminal laws and procedure;

8. Calls upon States to strengthen further their national laws and mechanisms

on countering terrorism;

9. Condemns incitement to violence and terrorism by any means, in particular

through the media, and in that regard highlights the complex challenges associated with the

increasing use of social media and information and communications technology in inciting

violence and terrorism;

10. Reaffirms its unequivocal condemnation of all acts, methods, practices and

financing of terrorism as criminal and unjustifiable, renews its commitment to strengthen

international cooperation to prevent and combat terrorism, and in that regard calls upon

States and relevant regional and subregional organizations, as appropriate, to continue to

implement the United Nations Global Counter-Terrorism Strategy and its four pillars;

11. Calls upon all national and regional institutions and relevant civil society

organizations, as appropriate, to advance tolerance and non-violence and more broadly to

promote initiatives to build resilience against the recruitment of terrorists;

12. Expresses its solidarity with the victims of terrorism and their families, and

acknowledges the importance of considering the needs of the victims of terrorism and

preserving their human rights in such a way that requires the enhancement of international

cooperation and the exchange of expertise in that respect;

13. Encourages States to provide satisfaction, reparation and rehabilitation for

victims in accordance with the relevant national laws from within available resources;

14. Urges States and the international community to take measures, including

through education, awareness-raising, the media and human rights educational activities

and training, to effectively address the underlying factors of terrorism and the factors that

make individuals and groups more vulnerable to the effects of terrorism and increase their

propensity to be recruited by terrorists;

15. Invites all treaty bodies, special procedures mandate holders, relevant

international and regional human rights mechanisms and the United Nations High

Commissioner for Human Rights, within their respective mandates, to pay due attention to

the negative impact of terrorism on the enjoyment of all human rights and fundamental

freedoms;

16. Decides to convene, at its twenty-ninth session, a panel discussion on the

effects of terrorism on the enjoyment by all persons of human rights and fundamental

freedoms, and requests the High Commissioner to liaise with States and all stakeholders,

including the relevant United Nations bodies, agencies and programmes, treaty bodies,

special procedures mandate holders, national human rights institutions and civil society

organizations with a view to ensuring their participation in the panel discussion;

17. Requests the High Commissioner to prepare a report on the panel discussion

in the form of a summary and to submit it to the Human Rights Council at its thirtieth

session.

56th meeting

26 March 2015

[Adopted by a recorded vote of 25 to 16, with 6 abstentions. The voting was as follows:

In favour:

Algeria, Argentina, Bangladesh, Bolivia (Plurinational State of), Brazil,

China, Congo, Côte d’Ivoire, Cuba, El Salvador, Ethiopia, India, Indonesia,

Kenya, Maldives, Morocco, Nigeria, Pakistan, Paraguay, Russian Federation,

Saudi Arabia, Sierra Leone, United Arab Emirates, Venezuela (Bolivarian

Republic of), Viet Nam

Against:

Albania, Estonia, France, Germany, Ireland, Japan, Latvia, Mexico,

Montenegro, Netherlands, Portugal, Republic of Korea, South Africa, the

former Yugoslav Republic of Macedonia, United Kingdom of Great Britain

and Northern Ireland, United States of America

Abstaining:

Botswana, Gabon, Ghana, Kazakhstan, Namibia, Qatar]