The United Nations Global Counter-Terrorism Coordination Compact released a new Guidance on Ensuring Respect for Human Rights while Taking Measures to Counter the Financing of Terrorism offering Member States, financial institutions, and other stakeholders a practical framework to ensure that efforts to prevent and disrupt terrorist financing fully comply with international human rights obligations.
The preparation of the Guidance was co-led by the Counter-Terrorism Committee Executive Directorate (CTED) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), with the support of relevant members and observers of the Compact’s Working Groups on Criminal Justice, Legal Responses and Countering the Financing of Terrorism, and on Protecting and Promoting Human Rights, the Rule of Law and Supporting Victims of Terrorism. The Guidance was also informed by contributions from civil society organizations submitted in the process of public consultations and follow-up discussions.
The Guidance responds to the growing need for counter-terrorism financing (CFT) measures that are risk-based, proportionate, and implemented in a manner compliant with international law, including international human rights law, international humanitarian law, and international refugee law. Recommendations offered in the Guidance were developed based on relevant CFT provisions of the International Convention for the Suppression of the Financing of Terrorism, applicable obligations under international human rights law, relevant United Nations Security Council, General Assembly, and Human Rights Council resolutions, recommendations of relevant UN human rights mechanisms, and an analysis of relevant human rights concerns.
The document provides actionable direction across several key areas, including criminalization of terrorism financing and related investigations and prosecutions, the right to privacy and data protection in the context of financial intelligence and information sharing, terrorism-related targeted financial sanctions, impact on exclusively humanitarian activities, gender impacts, and nexus with trafficking in persons. It also offers guidance for engaging with non-profit organizations and mitigating the risk of over-regulation or undue restrictions that can impede their legitimate activities, and highlights the roles and responsibilities of the private sector, including financial institutions.
The Guidance emphasizes the importance of whole-of-government and multi-stakeholder cooperation in designing and implementing CFT frameworks that are both secure and human rights compliant.
The Guidance will serve as a reference for national reforms, capacity-building efforts, and continued dialogue between governments, financial institutions, and civil society.
The full Guidance is available here.
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