Human Rights Council

Resolution 6/28. Protection of human rights and fundamental freedoms while countering terrorism: mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

The Human Rights Council,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15

March 2006,

Recalling Human Rights Council resolutions 5/1 on institution-building of the

United Nations Human Rights Council and 5/2 on the Code of Conduct for Special

Procedures Mandate-holders of the Human Rights Council, of 18 June 2007, and

stressing that the mandate-holder shall discharge his/her duties in accordance with

these resolutions and the annexes thereto,

Recalling Commission on Human Rights resolutions 2004/87 of 21 April 2004

and 2005/80 of 21 April 2005 and General Assembly resolutions 59/191 of

20 December 2004, 60/158 of 16 December 2005 and 61/171 of 19 December 2006

and 62/... of 12 December 2007 on the protection of human rights and fundamental

freedoms while countering terrorism,

1. Acknowledges with appreciation the work and contributions of the

Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism;

2. Decides to extend the mandate of the Special Rapporteur on the

promotion and protection of human rights and fundamental freedoms while

countering terrorism, for a period of three years and requests the Special Rapporteur:

(a) To make concrete recommendations on the promotion and protection

of human rights and fundamental freedoms while countering terrorism, including, at

the request of States, for the provision of advisory services or technical assistance on

such matters;

(b) To gather, request, receive and exchange information and

communications from and with all relevant sources, including Governments, the

individuals concerned, their families, representatives and organizations, including

through country visits, with the consent of the State concerned, on alleged violations

of human rights and fundamental freedoms while countering terrorism, with special

attention to areas not covered by existing mandate-holders;

(c) To integrate a gender perspective throughout the work of his/her

mandate;

(d) To identify, exchange and promote best practices on measures to

counter terrorism that respect human rights and fundamental freedoms;

(e) To work in close coordination with other relevant bodies and

mechanisms of the United Nations, and in particular with other special procedures of

the Human Rights Council, in order to strengthen the work for the promotion and

protection of human rights and fundamental freedoms while avoiding unnecessary

duplication of efforts;

(f) To develop a regular dialogue and discuss possible areas of

cooperation with Governments and all relevant actors, including relevant United

Nations bodies, specialized agencies and programmes, inter alia with the

Counter-Terrorism Committee of the Security Council, including its Executive

Directorate, the Counter-Terrorism Implementation Task Force, the Office of the

United Nations High Commissioner for Human Rights, the Terrorism Prevention

Branch of the United Nations Office on Drugs and Crime and treaty bodies, as well as

non-governmental organizations and other regional or subregional international

institutions, while respecting the scope of his/her mandate and fully respecting the

respective mandates of the above-mentioned bodies and with a view to avoiding

duplication of effort;

(g) To report regularly to the Human Rights Council and to the General

Assembly;

3. 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 Special Rapporteur’s urgent appeals and providing the information

requested;

4. Calls upon all Governments to give serious consideration to

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

5. Requests the Secretary-General and the United Nations High

Commissioner for Human Rights to provide all the necessary human, technical and

financial assistance to the Special Rapporteur for the effective fulfilment of his/her

mandate;

6. Decides to continue consideration of this question in conformity with

the annual programme of work of the Human Rights Council.

[Adopted without a vote] 33rd meeting

14 December 2007

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