Human rights must always be protected, even when countering
terrorism – UN experts
GENEVA (16 April 2015) – Human rights and freedoms should
not be sacrificed for political convenience in the fight against terrorism, two
United Nations human rights experts have said today.
“It is only by strict adherence to international human
rights standards that counter-terrorism strategies can ultimately succeed,”
said Ben Emmerson, Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism and Heiner
Bielefeldt, Special Rapporteur on freedom of religion or belief.
“Just as much as we condemn terrorism, particularly at a
time when the international community reaffirms its unreserved commitment to
combat it, we must demand that human rights be respected in the context of such
a challenge,” the experts said, directing their comments at Governments
currently engaged in counter-terrorism campaigns.
The human rights experts described the recent attack at
Garissa University College in Kenya, which killed at least 147 students and
lecturers, as “a savage act of extreme brutality,” which “shows the urgent need
to rethink counter-terrorism responses based only on law enforcement and
military force.”
“Many observers of such violence tend to underestimate the
complexity of these phenomena by using the label “religion” broadly and loosely
while it is important to take also non-religious factors more seriously,” said Mr Bielefeldt and Mr Emmerson.
“This is particularly true when confronting challenges such
as armed conflict, poor governance, environmental degradation, endemic
corruptions, intricate historic legacies of a country, extreme poverty, social,
cultural, economic and political discrimination, as well as marginalisation of
large sections of the population, or prolonged periods of State collapse,” the
experts highlighted. “These circumstances provide fertile soil for recruitment
to movements that promise a prospect for change, but resort to the unacceptable
means of acts of terrorism to achieve their goals.”
The experts underlined that while there cannot be a single
response to those questions, it is clear that a sustainable approach is needed
in counter-terrorism that tackles not only the manifestations of terrorism but
also its root causes.
UN Member States have unanimously recognised that the
protection of human rights and freedoms is a prerequisite to any effective
counter-terrorism strategy. Security Council resolution 1963 states that
terrorism would not be defeated by military force, law enforcement measures,
and intelligence operations alone.
“By actively promoting and protecting human rights, States
contribute to preventing terrorism in an effort to address its root causes and
risk factors,” the exerts said, noting that this is the spirit of the 2006 UN
Global Counter-Terrorism Strategy, which was recently reaffirmed in 2014. The
strategy emphasises that any measure adopted by States to counter terrorism
must comply with their obligations under international law, in particular
international human rights, refugee and humanitarian law.
“This is not solely a question of legitimacy; it is also a
question of effective prevention,” the independent experts stated. “Respect for
the rule of law, and the protection of human rights and fundamental freedoms
are essential to offer a viable alternative to those who could otherwise be
susceptible to terrorist recruitment and to radicalisation.”
The UN experts emphasised that any sound, sustainable, and
comprehensive strategy to combat terrorism also requires recognition of the
suffering of victims of terrorist acts. States should accept a special
obligation to victims of terrorism that aims to provide adequate reparation to
the victims of all acts of terrorism occurring on their territory, irrespective
of whether public officials are found to have been at fault in some way.
“To require the victims to bear the burden of proving fault
on the part of a public authority, when all of the evidence is in the hands of
the State, and much of it will be classified, is unfair, unjustified and
inhuman”, the experts noted.
“The suffering of
victims should not be misused as a pretext to deny the human rights of those
suspected of terrorism, to justify emergency measures including excessive and
disproportionate executive powers, repression of legitimate peaceful opposition
activities or for other restrictive political purposes,” they added.
“This adds to the vicious circle of terrorism by
contributing to the dehumanization of victims of terrorism,” the expert noted.
“Genuine respect for the humanity of the victims requires that the protection
of human rights is not invoked to curtail human rights,” the independent
experts said, recommending that States move towards the adoption of a specific
international instrument setting out the rights of victims of terrorism and the
corresponding obligations on States.
ENDS
The Special Rapporteurs are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity. Learn
more, log on to: http://www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx
Check the UN 2006 Global Counter-Terrorism Strategy:
http://www.un.org/terrorism/strategy-counter-terrorism.shtml
Read the report on preventing violence committed in the name
of religion by the Special Rapporteur on freedom of religion or belief
(A/HRC/28/66):
http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Pages/ListReports.aspx
For more information and media requests please contact
Alessandro Marra (+41 22 928 9870 / amarra@ohchr.org) or write to
srct@ohchr.org.
For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917
9383 / xcelaya@ohchr.org)
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