RES/29/9 Protection of human rights and fundamental freedoms while countering terrorism

Human Rights Council Twenty-ninth session

Agenda item 3

Resolution adopted by the Human Rights Council on 2 July 2015

29/9. Protection of human rights and fundamental freedoms while

countering terrorism

The Human Rights Council,

Reaffirming its decision 2/112 of 27 November 2006 and its resolutions 6/28 of

14 December 2007, 7/7 of 27 March 2008, 10/15 of 26 March 2009, 13/26 of 26 March

2010, 19/19 of 23 March 2012 and 25/7 of 27 March 2014, and Commission on Human

Rights resolutions 2003/68 of 25 April 2003, 2004/87 of 21 April 2004 and 2005/80 of

21 April 2005, recalling General Assembly resolutions 57/219 of 18 December 2002,

58/187 of 22 December 2003, 59/191 of 20 December 2004, 60/158 of 16 December 2005,

61/171 of 19 December 2006, 62/159 of 18 December 2007, 63/185 of 18 December 2008,

64/168 of 18 December 2009, 65/221 of 21 December 2010, 66/171 of 19 December 2011

and 68/178 of 18 December 2013, and welcoming the efforts of all relevant stakeholders to

implement them,

1. Calls upon States to ensure that any measure taken to counter terrorism

complies with international law, in particular international human rights, refugee and

humanitarian law;

2. Expresses serious concern at the violations of human rights and fundamental

freedoms, as well as of refugee and international humanitarian law, in the context of

countering terrorism;

3. Reaffirms its strong and unequivocal condemnation of all acts, methods,

practices and financing of terrorism, in all its forms and manifestations, wherever and by

whomsoever committed, regardless of their motivation, as criminal and unjustifiable, and

renews its commitment to strengthen international cooperation to prevent and combat

terrorism, and in that regard calls upon States and other relevant actors, including regional

and subregional organizations, as appropriate, to continue to implement the United Nations

Global Counter-Terrorism Strategy and its four pillars, which reaffirm, inter alia, respect

for human rights for all and the rule of law as being the fundamental basis of the fight

against terrorism;

4. Stresses the responsibility of States to protect persons in their territory

against such acts, in full compliance with their international law obligations and in

particular with international human rights, refugee and humanitarian law;

5. Reaffirms the importance of ensuring that the protection of human rights and

fundamental freedoms while countering terrorism is an essential component of the work

and strategies of the United Nations for supporting Member States in the context of the

fight against terrorism;

6. Deeply deplores the suffering caused by terrorism to the victims and their

families, expresses its profound solidarity with them, and stresses the importance of

providing them with proper support and assistance;

7. Urges States, while countering terrorism, to respect and protect all human

rights, including economic, social and cultural rights, bearing in mind that certain counter-

terrorism measures may have an impact on the enjoyment of those rights;

8. Reaffirms that terrorism cannot and should not be associated with any

religion, nationality, civilization or ethnic group;

9. Urges States to ensure that measures taken to counter terrorism are not

discriminatory, and not to resort to profiling based on stereotypes founded on ethnic, racial

or religious grounds or any other ground of discrimination prohibited by international law;

10. Recognizes the work carried out by the special procedures of the Human

Rights Council on the promotion and protection of human rights and fundamental freedoms

while countering terrorism;

11. Acknowledges that the active participation of civil society can reinforce

ongoing governmental efforts to protect human rights and fundamental freedoms while

countering terrorism;

12. Calls upon States to ensure that measures to combat terrorism and preserve

national security are in compliance with their obligations under international law, in

particular under international human rights law, and do not hinder the work and safety of

individuals, groups and organs of society engaged in promoting and defending human

rights;

13. Urges States to ensure that gender equality and non-discrimination are taken

into account when shaping, reviewing and implementing all counter-terrorism measures;

14. Calls upon States, while countering terrorism, to ensure that any person who

alleges that his or her human rights or fundamental freedoms have been violated has access

to an effective remedy and that victims of human rights violations receive adequate,

effective and prompt reparations, which should include, as appropriate, restitution,

compensation, rehabilitation and guarantees of non-recurrence;

15. Also calls upon States, while countering terrorism, to review their

procedures, practices and legislation regarding the surveillance of communications, their

interception and the collection of personal data, including mass surveillance, interception

and collection, with a view to upholding the right to privacy by ensuring the full and

effective implementation of all their obligations under international human rights law, and

urges them to take measures to ensure that interference with the right to privacy is regulated

by law, which must be publicly accessible, clear, precise, comprehensive and non-

discriminatory, and that such interference is not arbitrary or unlawful, bearing in mind what

is reasonable to the pursuance of legitimate aims;

16. Urges States to ensure that any measure taken or means employed to counter

terrorism, including the use of remotely piloted aircraft, complies with their obligations

under international law, including international human rights law and international

humanitarian law;

17. Also urges States to undertake prompt, independent and impartial fact-finding

inquiries whenever there are plausible indications of breaches of their obligations under

international human rights law as a result of any measures taken or means employed to

counter terrorism, and to ensure accountability for those responsible for violations that

amount to crimes under national or international law;

18. Notes with concern measures that can undermine human rights and the rule of

law, such as the detention of persons suspected of acts of terrorism in the absence of a legal

basis for detention and due process guarantees, the unlawful deprivation of the right to life,

and other fundamental freedoms, such as freedom of assembly and association, the

deprivation of liberty that amounts to placing a detained person outside the protection of the

law, the trial of suspects without fundamental judicial guarantees, the illegal deprivation of

liberty and transfer of individuals suspected of terrorist activities, the return of suspects to

countries without individual assessment of the risk of there being substantial grounds for

believing that they would be in danger of subjection to torture, and limitations to effective

scrutiny of counter-terrorism measures;

19. Stresses that all measures used in the fight against terrorism, including the

profiling of individuals and the use of diplomatic assurances, memorandums of

understanding and other transfer agreements or arrangements, must be in compliance with

the obligations of States under international law, including international human rights,

refugee and humanitarian law;

20. Urges States, while countering terrorism, to respect the rights to be equal

before the courts and tribunals and to a fair trial, as provided for by international law,

including international human rights law, such as article 14 of the International Covenant

on Civil and Political Rights and, as applicable, international humanitarian law and refugee

law;

21. Also urges States to take measures to ensure that counter-terrorism laws and

implementing measures are consistent with and are applied in a manner that fully respects

the rights compliant with articles 10 and 11 of the Universal Declaration of Human Rights

and further codified in articles 14 and 15 of the International Covenant on Civil and

Political Rights, in particular to ensure respect of the principle of certainty of the law by

clear and precise provisions;

22. Reiterates its concern with regard to measures that can undermine human

rights and the rule of law, and urges all States to take all necessary steps to ensure that

persons deprived of their liberty, regardless of the place of arrest or detention, enjoy the

guarantees to which they are entitled under international law, including review of their

detention and other fundamental judicial guarantees;

23. Takes note of the report of the Special Rapporteur on the promotion and

protection of human rights and fundamental freedoms while countering terrorism; 1

24. Takes note with appreciation of the report of the United Nations High

Commissioner for Human Rights on the protection of human rights and fundamental

freedoms while countering terrorism; 2

1 A/HRC/29/51.

2 A/HRC/28/28.

25. Requests the Special Rapporteur, in accordance with his mandate, to continue

to gather, request, receive and exchange information on alleged violations of human rights

and fundamental freedoms while countering terrorism, and to report regularly to the Human

Rights Council;

26. Requests all States to cooperate fully with the Special Rapporteur in the

performance of the tasks and duties mandated, including by reacting promptly to urgent

appeals and providing the information requested, and to give serious consideration to

responding favourably to requests by the Special Rapporteur to visit their countries;

27. Encourages United Nations bodies, agencies, funds and programmes

involved in supporting counter-terrorism efforts to continue to facilitate the promotion and

protection of human rights and fundamental freedoms, as well as due process and the rule

of law, while countering terrorism;

28. Requests the High Commissioner and the Special Rapporteur to contribute

further, appropriately, to the ongoing discussion regarding the efforts of States Members of

the United Nations to put in place adequate human rights guarantees to ensure fair and clear

procedures, in particular with regard to placing individuals and entities on, and removing

them from, terrorism-related sanctions lists;

29. Recalls that the General Assembly, in its resolution 66/171, recognized the

need to continue ensuring that fair and clear procedures under the United Nations terrorism-

related sanctions regime are strengthened in order to enhance their efficiency and

transparency, and welcomed and encouraged the ongoing efforts of the Security Council in

support of those objectives, including by supporting the enhanced role of the office of the

ombudsperson and continuing to review all the names of individuals and entities in the

regime, while emphasizing the importance of sanctions in countering terrorism;

30. Stresses the importance that relevant United Nations bodies and entities and

international, regional and subregional organizations, in particular those that are

participating in the Counter-Terrorism Implementation Task Force, that provide technical

assistance relating to the prevention and suppression of terrorism to consenting States,

include, as appropriate and where consistent with their mandates, respect of international

human rights law and, as applicable, international humanitarian law and refugee law, as

well as the rule of law, as an important element of the technical assistance that they offer to

States in the area of counter-terrorism, including by drawing on the advice of, and

otherwise ensuring ongoing dialogue with, the special procedures of the Human Rights

Council within their mandates and the Office of the High Commissioner and relevant

stakeholders;

31. Requests the High Commissioner and the Special Rapporteur to present their

reports, bearing in mind the content of the present resolution, to the Human Rights Council

under agenda item 3, in conformity with its annual programme of work.

43rd meeting

2 July 2015

[Adopted without a vote.]