Compliance with human rights by the United Nations when countering terrorism

The present report submitted to the General Assembly by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism addresses the question of compliance with human rights by the United Nations when countering terrorism. The report takes stock of and assesses the role and contributions of, inter alia, the Assembly, the Counter-Terrorism Implementation Task Force, the Human Rights Council, the Security Council and its subsidiary bodies, and United Nations field presences in the promotion and protection of human rights in the context of their counter-terrorism activities.

The main recommendation contained in the report is that the Security Council should seize the opportunity of the approaching tenth anniversary of its resolution 1373 (2001) to replace resolutions 1373 (2001), 1624 (2005) and 1267 (1999) (as amended) with a single resolution, not adopted under Chapter VII of the Charter of the United Nations, in order to systematize the States’ counter-terrorism measures and reporting duties of States under one framework. This proposal is motivated by the assessment of the Special Rapporteur that Chapter VII does not provide the proper legal basis for maintaining the current framework of mandatory and permanent Security Council resolutions of a quasi-legislative or quasi-judicial nature.

The report also addresses ways and means of improving the human rights accountability of the United Nations for its field operations, including in the context of countering terrorism, as well as the contributions of various actors in the implementation of the 2006 United Nations Global Counter-Terrorism Strategy (General Assembly resolution 60/288).

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