Today’s decision by the U.N. Commission on Human Rights to appoint an independent expert on counterterrorism and human rights will help ensure greater rights protection in the global fight against terrorism, Human Rights Watch said today.
Human Rights Watch welcomed the Mexican-led initiative, which also reaffirms the importance of the respect for international human rights, humanitarian and refugee law in combating terrorism and requests the relevant U.N. mechanisms and bodies to continue to monitor counterterrorism measures. The resolution was adopted by consensus at the end of today’s session.
“This is an excellent, if overdue, step by the international community to begin to monitor how governments are fighting the campaign against terrorism and whether counterterrorism measures are compatible with international human rights and humanitarian law,” said Joanna Weschler, Human Rights Watch’s U.N. Representative.
The independent expert will assist the incoming U.N. High Commissioner for Human Rights, Louise Arbour, in making recommendations on states’ obligations to promote and protect human rights while countering terrorism, and in providing advice to states on these matters.
In many countries around the world, basic human rights principles are under attack not only from terrorism, but also from governments with counterterrorism measures that severely violate human rights norms.
“Neither terrorism nor human rights concerns related to counterterrorism are new, but they have taken on a more globalized dimension since the September 11 attacks," said Weschler. "This poses new challenges for the U.N. human rights monitoring system."
The recent bombings in Madrid indicate that the global struggle against terrorism is far from over. As states undertake new measures to combat terrorism, they must be careful to fulfill their obligations under human rights, humanitarian and refugee law.
Abuses committed in the name of fighting terrorism include prolonged, incommunicado detention without judicial review; torture and other physical and psychological mistreatment of detainees; the transfer, return, extradition, expulsion and physical mistreatment of persons at risk of being subjected to torture; and the adoption of security measures that discriminate and curtail freedom of expression and association.
Human Rights Watch also recommended that the Counter-Terrorism Committee of the U.N. Security Council and its newly established Directorate address human rights in their work in a consistent manner.
