RES/34/8 Effects of terrorism on the enjoyment of all human rights

GE.17-05666(E)



Human Rights Council Thirty-fourth session

27 February–24 March 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 23 March 2017

34/8. Effects of terrorism on the enjoyment of all 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 all 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, 60/158 of 16 December 2005,

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, 68/178 of 18 December 2013, 68/276 of 13 June 2014, 69/127 of

10 December 2014 and 70/148 of 17 December 2015, Commission resolution 2004/44 of

19 April 2004 and Human Rights Council resolutions on terrorism and human rights,

including 28/17 of 26 March 2015 and 31/30 of 24 March 2016,

Reaffirming its commitment to the United Nations Global Counter-Terrorism

Strategy and its four pillars, adopted by the General Assembly in its resolution 60/288, and

its fifth review,1

Reaffirming also the right of the people to live in peace, freedom and security and to

be protected at all times from the threat of terrorism,

Reaffirming further that everyone has the right to life, liberty and security of person,

as enshrined under article 3 of the Universal Declaration of Human Rights,

Reaffirming that civil, political, economic, social and cultural rights are universal,

indivisible, interdependent and interrelated, as enshrined in the Universal Declaration of

1 See General Assembly resolution 70/291.

Human Rights, the International Covenant on Civil and Political Rights and the

International Covenant on Economic, Social and Cultural Rights,

Mindful that terrorism may destabilize Governments, undermine societies,

jeopardize peace and security and threaten economic and social development, all of which

have serious implications for the enjoyment of human rights by all,

Reaffirming that States, under international human rights law, have a due diligence

obligation to protect individuals under their jurisdiction from acts of terrorism, to take

effective counter-terrorism measures and to investigate and prosecute those responsible for

carrying out such acts, and emphasizing the importance of ensuring that counter-terrorism

laws and practices are human rights-compliant,

Recognizing that counter-terrorism measures and the protection of human rights are

complementary and mutually reinforcing, and must be pursued together as part of the duty

of States to protect individuals within their jurisdiction,

Reaffirming the fundamental importance of respecting all human rights and

fundamental freedoms and the rule of law,

Reiterating that all States have an obligation to promote and protect all human rights

and fundamental freedoms and to ensure effective implementation of their obligations

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

Recognizing that countering terrorism requires a comprehensive approach and a

multidimensional strategy to tackle the underlying factors that give rise to terrorism,

Renewing its unwavering commitment to strengthening international cooperation to

prevent and combat terrorism in all its forms and manifestations,

Taking note with appreciation of the report of the United Nations High

Commissioner for Human Rights on the negative effects of terrorism on the enjoyment of

all human rights and fundamental freedoms submitted to the Human Rights Council at its

thirty-fourth session,2

Recognizing that international cooperation and any measures taken by Member

States to prevent and combat terrorism must comply fully with their obligations under

international law, including the Charter, in particular the purposes and principles thereof,

and other relevant international conventions and protocols, international human rights law

and international humanitarian law, as applicable,

Emphasizing that mutual respect, tolerance and dialogue among civilizations and the

enhancement of interfaith and intercultural understanding are among the most important

elements in promoting cooperation and success in preventing and combating terrorism, and

welcoming the various initiatives to this end,

Reaffirming its strongest condemnation of terrorism in all its forms and

manifestations, committed by whomever, wherever and for whatever purposes, and

emphasizing that terrorism cannot and should not be associated with any religion,

nationality or civilization,

Acknowledging the important contribution of measures taken at all levels against

terrorism, consistent with international law, to the functioning of democratic institutions

and the maintenance of peace and security and thereby to the full enjoyment of human

rights, and the need to continue the fight against terrorism, while promoting and respecting

2 A/HRC/34/40.

human rights and fundamental freedoms, including through international cooperation and

by strengthening, as appropriate, the role of the United Nations in this respect,

Recognizing that terrorism has a detrimental effect on the enjoyment of human rights

and fundamental freedoms, such as the right to life, liberty and security of person, and

impedes the full realization of economic, social and cultural rights, such as the rights to

work, education, health and development, threatening the territorial integrity and security of

States, rule of law and democracy and ultimately representing a grave threat to the

functioning of societies and to international peace and security,

Expressing its continuing concern at the increasing flow of foreign terrorist fighters

and at the threat it poses to all States, including countries of origin, transit and destination,

and encouraging all States to address this threat by enhancing their cooperation and

developing relevant measures to prevent this phenomenon,

Reiterating that all States should fulfil their responsibilities to deny all forms of

support for terrorists and terrorist groups, particularly political, military, logistical and

financial support, including through the collection of funds by their nationals or persons in

their territories, or availing financial assets, for the benefit of terrorist groups or individual

terrorists for any purpose, to deny the provision of safe haven to terrorists, to prevent

terrorists from benefiting directly or indirectly from ransom payments to terrorist groups,

and to bring to justice or, where appropriate, extradite, on the basis of the principle of

extradite or prosecute, the perpetrators of terrorist acts or any person who supports,

facilitates or participates, or attempts to participate, in the financing, planning, preparation

or perpetration of terrorist acts or in providing safe havens,

Welcoming political commitments, actions and initiatives taken and adopted against

kidnapping for ransom in different forums, such as the Algiers Memorandum on Good

Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists,

Deeply concerned at the serious crimes committed by terrorist groups and

individuals, including foreign terrorist fighters, that have targeted persons and groups on

the basis of their ethnic and religious background and involved gross human rights abuses,

Deploring attacks on religious places and shrines and cultural sites in violation of

international law, in particular international human rights law and international

humanitarian law, as applicable, including any deliberate destruction of relics, monuments

or religious sites,

Recalling its resolution 16/18 of 24 March 2011 and its follow-up resolutions, the

Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred

that constitutes incitement to discrimination, hostility or violence and the Istanbul Process

for Combating Intolerance, Discrimination and Incitement to Hatred and/or Violence on the

Basis of Religion or Belief, and calling for their effective implementation by the

international community in order to contribute to a more conducive environment to

countering hate speech and violence, including ethnic or religious stigmatization and

discrimination,

Affirming the determination of States to work towards conflict resolution, to

confront oppression, to eradicate poverty, to promote sustained economic growth,

sustainable development, global prosperity, good governance, human rights and

fundamental freedoms for all and the rule of law, to improve intercultural understanding

and to promote respect for all,

1. Strongly condemns all terrorist acts as criminal and unjustifiable, and

expresses grave concern at their detrimental effects on the enjoyment of human rights,

including the right to life, liberty and security of person, as stipulated in article 3 of the

Universal Declaration of Human Rights;

2. Expresses its concern that terrorists and terrorist groups have targeted

Governments, communities and individuals, including on the basis of religion and/or

ethnicity;

3. Expresses concern at the alarming number of victims caused by the

escalating level of terrorist attacks throughout the globe, resulting in numerous casualties

and destruction;

4. Acknowledges that terrorist attacks have a grave impact on the economy and

can harm several economic sectors, including the financial sector and tourism industry, thus

hampering the full realization of human rights, fundamental freedoms and development;

5. Recognizes that terrorism affects the enjoyment of economic, social and

cultural rights, especially by diverting foreign direct investment, reducing capital inflows,

destroying infrastructure, hindering public investment, limiting trade, impeding economic

growth and increasing security costs;

6. Reaffirms the primary responsibility of States to protect persons in their

territory by preventing and countering terrorism in all its forms and manifestations, in full

compliance with their international law obligations, and urges States, while countering

terrorism, to respect and protect all human rights;

7. Strongly condemns terrorist acts and violence committed against civilians by

terrorist groups and the continued systematic and widespread abuses of human rights

perpetrated by such groups, reaffirms that terrorism cannot and should not be associated

with any religion, nationality or civilization, and urges the international community to do

all it can to prevent any political, logistic or financial support from reaching terrorist

groups;

8. Expresses concern at the increase in kidnapping and hostage-taking with

demands for ransom and/or political concessions being made by terrorist groups, and

expresses the need to address this issue;

9. 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;

10. Reaffirms the obligation of States to refrain from supporting terrorist groups

in establishing propaganda platforms inciting to hatred and violence through electronic or

satellite means or any other media on their territory;

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

preparation or perpetration of acts of terrorism, and to bring to justice those engaged in

such acts in accordance with national criminal laws and procedures and international

human rights law, as applicable;

12. Also urges States to adopt rehabilitation and reintegration strategies for

returning foreign terrorist fighters, in line with the good practices set out in the Hague-

Marrakech Memorandum on Good Practices for a More Effective Response to the Foreign

Terrorist Fighter Phenomenon of the Global Counterterrorism Forum, and to adopt a

comprehensive approach that includes the development of national centres for counsel and

de-radicalization that can play an important role along with criminal justice responses, and

in this regard welcomes the role of the Mohamed bin Naif Counselling and Care Centre in

countering terrorist ideologies and activities;

13. Expresses its concern at the increasing use, in a globalized society, by

terrorists and their supporters of information and communications technology, in particular

the Internet and other media, to advocate, commit, incite, recruit for, fund or plan terrorist

acts, urges States to take appropriate preventive measures in this regard while acting in full

compliance with their international law obligations, and emphasizes the importance of

cooperation among stakeholders in the implementation of the United Nations Global

Counter-Terrorism Strategy, including among States, international, regional and

subregional organizations, the private sector and civil society, to address this issue, while

respecting human rights and fundamental freedoms and complying with international law

and the purposes and principles of the Charter of the United Nations, and reiterates that

such technologies can be powerful tools in countering the spread of terrorism, including by

promoting tolerance, mutual respect and dialogue and understanding among peoples and

peace, and in this regard notes with appreciation the constructive role played by the Cyber

Observatory of Takfiri Fatwas in Egypt;

14. Renews its commitment to strengthening international cooperation to prevent

and counter terrorism in accordance with the principles of international law, including the

Charter, international human rights law and international humanitarian law, including

through technical cooperation, capacity-building and the exchange of information and

intelligence on countering 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;

15. Calls upon all States to promote a culture of peace, justice and human

development, ethnic, national and religious tolerance, and respect for all religions, religious

values, beliefs and cultures by establishing and encouraging, as appropriate, education and

public awareness programmes involving all sectors of society;

16. Reaffirms its profound solidarity with the victims of terrorism and their

families, and acknowledges the importance of protecting their rights and of providing them

with proper support and assistance, while taking into account, when appropriate,

considerations regarding remembrance, dignity, respect, justice and truth in such a way that

promotes accountability and ends impunity, in accordance with international law, and

encourages the enhancement of international cooperation and the exchange of expertise in

that respect, in accordance with international law;

17. Encourages States to provide appropriate assistance and rehabilitation for

victims of terrorism in accordance with relevant national laws from within available

resources;

18. Urges States, the international community and civil society to take measures,

including through education, awareness-raising, the media and human rights education and

training, to effectively address the conditions conducive to the spread of terrorism and that

make individuals and groups more vulnerable to the effects of terrorism and to recruitment

by terrorists;

19. Invites all treaty bodies, special procedure mandate holders, 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;

20. Requests the Human Rights Council Advisory Committee to conduct a study

and prepare a report on the negative effects of terrorism on the enjoyment of all human

rights and fundamental freedoms, with a particular focus on economic, social and cultural

rights, including as a result of diverting foreign direct investment, reducing capital inflows,

destroying infrastructure, limiting foreign trade, disturbing financial markets, negatively

affecting certain economic sectors and impeding economic growth, and to recommend

actions to be taken by Governments, United Nations human rights mechanisms, regional

and international organizations and civil society organizations in this regard, and to present

the report to the Human Rights Council at its thirty-ninth session, to be discussed during the

interactive dialogue.

56th meeting

23 March 2017

[Adopted by a recorded vote of 28 to 15, with 4 abstentions. The voting was as follows:

In favour:

Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,

China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia,

Ghana, India, Indonesia, Iraq, Kenya, Nigeria, Paraguay, Philippines, Qatar,

Rwanda, Saudi Arabia, Togo, Tunisia, United Arab Emirates, Venezuela

(Bolivarian Republic of)

Against:

Albania, Belgium, Croatia, Germany, Hungary, Japan, Latvia, Netherlands,

Portugal, Republic of Korea, Slovenia, South Africa, Switzerland, United

Kingdom of Great Britain and Northern Ireland, United States of America

Abstaining:

Georgia, Kyrgyzstan, Mongolia, Panama]