Briefing to the 59th Session of the UN Commission on Human Rights
Human Rights and Counter Terrorism
Human Rights Watch calls on the U.N. Commission on Human Rights to adopt a resolution on the protection of human rights in countering terrorism that would emphasize the importance of the respect for international human rights, humanitarian and refugee law in combating terrorism; request relevant mechanisms and bodies of the United Nations to monitor counter terrorism measures; ask the High Commissioner to continue his leadership role in coordinating and encouraging the work of all relevant U.N. bodies and organs on matters related to terrorism and human rights, and ask him to create a dedicated unit within his office to support these activities; and ask the Secretary General to appoint a Special Representative on human rights and counter-terrorism who would examine the effect of counter terrorism measures on human rights in specific countries.
Counter-terrorism measures have affected human rights in countries East and West, North and South. The Secretary-General has raised his concerns repeatedly, both at the Security Council and at the Commission, saying that there must be no trade-off between human rights and fighting terrorism. The High Commissioner for Human Rights, Sergio Vieira de Mello, has raised the issue several times, including when addressing the Counter Terrorism Committee in New York, and is following up on a study initiated by Mary Robinson of the human rights impact of the new security legislation.
The General Assembly during its 57th session unanimously passed a resolution, sponsored by Mexico, reaffirming the importance of respecting human rights, fundamental freedoms and the rule of law in combating terrorism (A/RES/57/219). During its 59th session, the Commission on Human Rights will be receiving a report from the Secretary-General on the protection of human rights and fundamental freedoms while countering terrorism. It will be incumbent on the Commission to take action on this issue.
Human Rights Watch calls on the Commission on Human Rights to adopt a resolution on the protection of human rights in countering terrorism that would:
- Emphasize the importance of the respect for international human rights, humanitarian and refugee law in combating terrorism.
- Ask the High Commissioner to continue his leadership role in coordinating and encouraging the work of all relevant U.N. bodies and organs on matters related to terrorism and human rights; to make recommendations on safeguarding human rights in combating terrorism; and to seek, receive and exchange information from all relevant sources, including governments, international and non-governmental organizations for these purposes.
- Ask the High Commissioner to create a dedicated unit within his office to support this work on human rights and counter terrorism.
- Request relevant CHR special procedures and the U.N. treaty bodies to monitor counter terrorism measures adopted and implemented by member states.
- Ask the Secretary General to appoint a Special Representative on Human Rights and Counter-Terrorism to examine the effect of counter terrorism measures, law and practices on human rights in countries worldwide; examine the compatibility of these measures, laws and practices with international human rights, humanitarian and refugee law; and make specific and timely recommendations to states on safeguarding human rights while combating terrorism.
February 27, 2003
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