Introduction

The Human Rights Council is an intergovernmental body within the United Nations system made up
of 47 States responsible for the promotion and protection of all human rights around the globe. It
has the ability to discuss all thematic human rights issues and situations that require its attention
throughout the year. It meets at the United Nations Office at Geneva.

The Office of the High Commissioner for Human Rights (UN Human Rights) is mandated by the UN
General Assembly to promote and protect the enjoyment and full realization, by all people, of all
human rights. The Charter of the United Nations, the Universal Declaration of Human Rights, and
international human rights laws and treaties established those rights.

UN Human Rights was created by the General Assembly in 1993 through its resolution 48/141
which also details its mandate.

UN Human Rights is mandated:

• Promote and protect all human rights for all

• Recommend that bodies of the UN system improve the promotion and protection of
all human rights

• Promote and protect the right to development

• Provide technical assistance to States for human rights activities

• Coordinate UN human rights education and public information programmes

• Work actively to remove obstacles to the realization of human rights and to prevent
the continuation of human rights violations

• Engage in dialogue with Governments in order to secure respect for all human rights

• Enhance international cooperation for the promotion and protection of all human
rights

• Coordinate human rights promotion and protection activities throughout the United
Nations system

• Rationalize, adapt, strengthen and streamline the UN human rights machinery

Topic Introduction

Counter-terrorism strategies are implemented globally to curb possibilities of and ensure

protection from terrorism. However, counter-terrorism faces the challenge of maintaining
security and addressing conditions which may breed terrorism as well as respecting
human rights dictated by international human rights laws and treaties, which may lead to
the measures taken risk feeding the very phenomenon of violent extremism that they are
aimed at preventing. Such measures may also be exploited for the purpose of
discrimination and establishing authority over citizens amongst states.

Counter-terrorism measures also have the tendency to hinder rights of the public and
citizens of state, including but not limited to:

• Freedom of movement: increased surveillance, checkpoints, and travel restrictions

can limit individuals' ability to move freely within their country or travel
internationally, often disproportionately affecting specific groups or regions.
Measures like No-Fly bans often adopted by nations in response to terrorist attacks
are severely criticized due to their lack of transparency and discriminatory nature
towards affected individuals.

• Freedom of expression: Laws and regulations aimed at curbing terrorist propaganda

or incitement can sometimes suppress legitimate dissent, criticism of the
government, or expression of controversial opinions. This has led to many
journalists being arrested or imprisoned and media outlets shut down. Countries
have also used these measures to impose censorship and mass surveillance
amongst its citizens.

• Right to privacy: Enhanced surveillance programs, mass data collection, and

intrusive monitoring of communications often erode individuals' right to privacy.
These measures are also criticized for lacking adequate safeguards from malicious
use and invading individuals’ privacy without their consent.
History of the topic

Major terrorist actions had incited national, and sometimes international, paranoia,
pushing States to establish measures that often overlook international human rights.

After the attack on the World Trade Center on September 9th 2001, the United States of
America launched the USA PATRIOT Act –where US intelligence conducted widespread
surveillance by intercepting internet and phone communications without consent– and
constructed the Guantanamo Bay detention facility –where individuals were held without
trial, subjected to indefinite detention, and often tortured. Similar policies were
established in countries of the European Union.

Countries like Turkey, Australia, India and China conduct surveillance on their citizens'
online activities to monitor for extremist behaviors. They also implement censorship and
restriction on what individuals can say online, as well as established policies that allows
arrests of individuals who violate such censorship without warrant or right to trial.

Past actions (by UN or other relevant bodies)

Adoption of Resolution 1373 (2001):

Passed by the UN Security Council following the 9/11 attacks, this resolution established
the Counter-Terrorism Committee (CTC). While focusing on preventing terrorism, it called
on states to ensure that anti-terrorism measures comply with international human rights
laws.

UN Global Counter-Terrorism Strategy (2006):

This comprehensive strategy emphasizes the need to respect human rights and the rule of
law while combating terrorism. Pillar IV specifically addresses human rights and the
consequences of counter-terrorism actions.

Establishment of the Special Rapporteur on the Promotion and Protection of Human Rights
While Countering Terrorism (2005):
This role monitors and reports on human rights violations linked to counter-terrorism
measures, offering recommendations to states on how to align their practices with
international norms.

Reports by the UN High Commissioner for Human Rights (OHCHR):

The OHCHR has issued multiple reports addressing concerns such as mass surveillance,
arbitrary detention, and extrajudicial killings under the guise of counter-terrorism.

Human Rights Council Resolutions:

The UNHRC has adopted resolutions like A/HRC/RES/22/6, urging states to ensure that
counter-terrorism measures respect human rights, particularly regarding the rights to
freedom of expression, assembly, and privacy.

Relevant links

1. A/HRC/33/29, Report on best practices and lessons learned on how protecting and
promoting human rights contribute to preventing and countering violent extremism
(https://documents.un.org/doc/undoc/gen/g16/162/55/pdf/g1616255.pdf)

2. A/HRC/RES/30/15, Human rights and preventing and countering violent extremism

(https://documents.un.org/doc/undoc/gen/g15/232/04/pdf/g1523204.pdf)

3. About protecting human rights while countering terrorism and preventing violent
extremism, United Nations Human Rights Office of the High Commissioner
(https://www.ohchr.org/en/terrorism/about-protecting-human-rights-while-
countering-terrorism-and-preventing-violent-extremism)

4. Exploring Counterterrorism Effectiveness and Human Rights Law, Ilya Sobol,

Michael Moncrieff, and Gloria Gaggiol (https://www.geneva-
academy.ch/joomlatools-files/docman-files/Working%20Paper%20-
%20Counterterrorism%20Effectiveness%20and%20Human%20Rights%20Law.pdf)

5. Mandate of UN Human Rights, United Nations Human Rights Office of the High
Commissioner (https://www.ohchr.org/en/about-us/mandate-un-human-rights)