RES/37/27 Terrorism and human rights

GE.18-05891(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 23 March 2018

37/27. Terrorism and human rights

The Human Rights Council,

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

and terrorism, the most recent of which are Assembly resolutions 72/180 of 19 December

2017 and 72/246 of 24 December 2017, and Human Rights Council resolutions 34/8 of 23

March 2017 and 35/34 of 23 June 2017,

Emphasizing that all human rights are universal, indivisible, interdependent and

interrelated,

Reaffirming the obligation of States to respect all human rights and fundamental

freedoms and the fundamental importance of respecting the rule of law,

Reaffirming also its unequivocal condemnation of all acts, methods and practices of

terrorism and violent extremism conducive to terrorism, in all its forms and manifestations,

wherever and by whomsoever committed, regardless of their motivation, and of the

financial, material or political support of terrorism as unjustifiable in accordance with

applicable international law,

Recognizing that terrorism and violent extremism conducive to terrorism have a

detrimental effect on the full enjoyment of all human rights and fundamental freedoms, and

impede the full enjoyment of political, civil, economic, social and cultural rights, and that

they pose a threat to the territorial integrity and security of States, the stability of

Governments, the rule of law and democracy and, ultimately, to the functioning of societies

and international peace and security,

Emphasizing that terrorism and violent extremism conducive to terrorism cannot and

should not be associated with any religion, nationality, civilization or ethnic group, and that

tolerance, pluralism, inclusion and respect for diversity, dialogue among civilizations and

the enhancement of interfaith and intercultural understanding and respect among people,

including at the national, regional and global levels, while combating the escalation of

hatred, are among the most important elements in the promotion of cooperation and success

in preventing and combating terrorism, and welcoming the various initiatives to that end,

Reaffirming that States must ensure that any measure taken to counter terrorism and

violent extremism conducive to terrorism complies with international law, in particular

international human rights law, international refugee law and international humanitarian

law,

Reaffirming also its commitment to the United Nations Global Counter-Terrorism

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

8 September 2006, 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, and its fifth review, in

General Assembly resolution 70/291 of 1 July 2016,

Reaffirming further that the promotion and the protection of human rights for all and

the rule of law are essential to the fight against terrorism and violent extremism conducive

to terrorism, and recognizing that effective counter-terrorism measures and the protection

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

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 all deliberate destruction of relics, monuments or

religious sites,

Strongly condemning the recruitment and use of children to perpetrate terrorist

attacks and all violations and abuses committed by terrorist groups against children and

women, including killing and maiming, abduction and rape and other forms of sexual

violence, and noting that such violations and abuses may amount to war crimes or crimes

against humanity,

Deeply deploring the suffering caused by terrorism to the victims and their families

and, while stressing the need to promote and protect the rights of victims of terrorism, in

particular women and children, reaffirming its profound solidarity with them and stressing

the importance of providing them with proper support and assistance while respecting, inter

alia, considerations regarding remembrance, dignity, respect, accountability, truth and

justice, in accordance with international law,

Expressing its grave concern at the phenomenon 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 tackle this phenomenon, in accordance with their obligations under

international law, including international human rights law, international refugee law and

international humanitarian law,

Recognizing that countering terrorism requires a comprehensive approach and a

multidimensional strategy to tackle the factors underlying terrorism,

Conscious that there are a number of drivers underlying radicalization to terrorism,

and that development based on the principles of social justice, inclusion and equal

opportunities can contribute to the prevention of terrorism and violent extremism conducive

to terrorism, and to the promotion of inclusive, open and resilient societies, notably through

education, and 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,

Renewing its unwavering commitment to strengthening international cooperation to

prevent and combat terrorism and violent extremism conducive to terrorism in all their

forms and manifestations, in compliance with the obligations of States under international

law,

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

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

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

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

particular international human rights law, international refugee law and international

humanitarian law;

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

violent extremism conducive to terrorism complies with international law, in particular

human rights law, international refugee law and international humanitarian law;

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

freedoms and of international refugee law and international humanitarian law in the context

of countering terrorism and violent extremism conducive to terrorism;

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

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

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

appropriate, considerations regarding remembrance, dignity, respect, justice and truth in

such a way that promotes accountability and ends impunity, and encourages the

enhancement of international cooperation and the exchange of expertise in that respect, in

accordance with international law;

6. Stresses the importance of ensuring access to justice and accountability, and

calls upon States to ensure that any person who alleges that his or her human rights or

fundamental freedoms have been violated by measures taken or means employed to counter

terrorism or violent extremism conducive to terrorism has access to justice, due process and

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

adequate, effective and prompt remedy and reparations, which should include, as

appropriate, restitution, compensation, rehabilitation and guarantees of non-repetition as a

fundamental basis of any strategy to counter terrorism and violent extremism conducive to

terrorism;

7. Also stresses the importance of developing and maintaining effective, fair,

humane, transparent and accountable criminal justice systems in a manner that fully

respects the rights to equality and non-discrimination in the administration of justice, to a

fair and public hearing by a competent, independent and impartial tribunal, to a review of

detention and to the presumption of innocence and other fundamental judicial guarantees, in

accordance with their obligations under international law, including international human

rights law, international humanitarian law and international refugee law;

8. Urges States to ensure that measures taken to counter terrorism and violent

extremism conducive to 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;

9. Recognizes the important role of religious leaders and institutions, local

communities and community leaders in preventing and countering terrorism and violent

extremism conducive to terrorism;

10. Also recognizes the important role of women in preventing and countering

terrorism and violent extremism conducive to terrorism, and requests States to consider,

when appropriate, the impact of counter-terrorism strategies on women’s and children’s

human rights, and to seek consultations with their respective organizations when

developing strategies to counter terrorism and violent extremism conducive to terrorism;

11. 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 enshrined in the Universal Declaration of Human Rights and the obligations of

States under international human rights law, in particular the International Covenant on

Civil and Political Rights, with a view to ensuring respect for the principles of legal

certainty and legality;

12. Strongly condemns terrorist acts and all acts of violence committed by

terrorist groups, including trafficking in persons, kidnapping and hostage-taking with

demands for ransom and/or political concessions, and the continued systematic and

widespread abuses of human rights perpetrated by such groups, and calls upon all Member

States to prevent terrorists from benefiting from ransom payment and political concessions

and to secure the safe release of hostages, in accordance with applicable legal obligations,

while noting the initiatives in this regard, including the Algiers Memorandum on Good

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

13. Urges States to do all they can, in accordance with their obligations under

international law, to prevent any political, material or financial support from reaching

terrorist groups, to deny terrorists safe haven, freedom of operation, movement and

recruitment, 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, by terrorist groups for any purpose,

and to bring to justice or, where appropriate, extradite the perpetrators of terrorist acts or

any person who supports, facilitates or participates, or attempts to participate, in the

financing, planning or preparation of terrorist acts;

14. Requests States to refrain from providing support to entities or persons

involved in terrorist acts, including support in establishing propaganda platforms

advocating hatred that constitutes incitement to discrimination, hostility or violence,

including through the Internet and other media, and emphasizes in this regard the key

importance of full respect for the right to freedom of opinion and expression as set out in

the International Covenant on Civil and Political Rights;

15. Urges States to adopt rehabilitation and reintegration strategies for returning

foreign terrorist fighters, in line with good practices, such as those 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, inter alia, the development of national centres for

counsel and the prevention of radicalization to violence, which can play an important role

together with criminal justice responses;

16. Renews its commitment to strengthening international cooperation to prevent

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

United Nations, 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;

17. Strongly encourages relevant United Nations agencies, including those

involved in supporting counter-terrorism efforts, to take into account in their technical

assistance with regard to counter-terrorism efforts, whenever appropriate, the elements

necessary for building national capacity in order to strengthen criminal justice systems and

the rule of law, and to continue to facilitate the promotion and protection of human rights

and fundamental freedoms, due process and the rule of law, while countering terrorism;

18. Urges States and the international community and encourages civil society to

take measures, as appropriate, including through education, awareness-raising, the media

and human rights education and training, 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, and 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. Emphasizes that mutual respect, tolerance, pluralism, inclusion and respect

for diversity, dialogue among civilizations and the enhancement of interfaith and

intercultural understanding, and combating intolerance, discrimination and hatred that

constitutes incitement to discrimination, hostility or violence on the basis of religion or

belief, or any other basis, including at the national, regional or global levels, are among the

most important elements in promoting cooperation and success in preventing and

combating terrorism and violent extremism conducive to terrorism, and welcomes the

various initiatives to that end;

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20. Acknowledges that the active participation of civil society can strengthen

ongoing governmental efforts to protect human rights and fundamental freedoms while

countering terrorism and to assess the impact of terrorism on the enjoyment of all human

rights, and calls upon States to ensure that measures to counter terrorism and violent

extremism conducive to terrorism and to preserve national security do not hinder their work

and safety and are in compliance with their obligations under international law, in particular

international human rights law, international refugee law and international humanitarian

law;

21. 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 and on alleged

violations of human rights and fundamental freedoms while countering terrorism and

violent extremism conducive to terrorism, and to report regularly to the Human Rights

Council.

54th meeting

23 March 2018

[Adopted without a vote.]