Protecting Human Rights while countering terrorism

The issue of terrorism and human rights has long been a concern of the United Nations human rights program, but it has become more urgent following the attack of 11 September 2001 with the surge in acts of terrorism worldwide. While condemning terrorism unequivocally and recognizing the duty of States to protect those living within their jurisdictions from terrorism, the United Nations has placed a priority on the question of protecting human rights in the context of counter-terrorism measures. The Secretary-General, the High Commissioner for Human Rights, and others in the UN system have emphasized that human rights norms must be rigorously respected.

Human Rights Special Rapporteur appointed

The Human Rights Commission on 21 April 2005 appointed, for a period of three years, a Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The creation of the Special Rapporteur post is a clear and concrete endorsement by Member States of the need to make the importance of honoring human rights commitments an integral part of the international fight against terrorism.

The defense of human rights and upholding the rule of law while countering terrorism is at the heart of the Secretary-General's recommendations for a global counter-terrorism strategy. He has argued that terrorism is itself an attack on human rights and the rule of law, and it cannot be sacrificed in the response to terrorism as that would be a victory for the terrorists. In his recommendations to Member States, the Secretary-General stressed that defending human rights of all - not only those suspected of terrorism, but also those victimized by terrorism, and those affected by the consequences of terrorism - was essential to all components of an effective counter-terrorism strategy. In launching his 2 May 2006 report, he noted that defending human rights "is a prerequisite to every aspect of any effective counter-terrorism strategy. It is the bond that brings the different components together." He called on Member States to ensure that any measure taken to combat terrorism should comply with their obligations under international law, in particular human rights law, refugee law and international humanitarian law because any strategy that compromises human rights will play right into the hands of the terrorists.

The Global Counter-Terrorism Strategy that Member States negotiated and adopted agrees with the approach of a strong focus on defending human rights and upholding the rule of law. The Plan of Action that countries unanimously agreed on contains an entire section on "measures to ensure respect for human rights for all and the rule of law as the fundamental basis of the fight against terrorism, " while also reiterating the need to uphold human rights in conjunction with the various new initiatives it proposes.