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Negative effects of terrorism on the enjoyment of human rights - Report of the Human Rights Council Advisory Committee (A/HRC/48/66) [EN/AR/RU/ZH]

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Human Rights Council
Forty-eighth session
13 September–1 October 2021
Agenda items 3 and 5
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Human rights bodies and mechanisms

I. Introduction

  1. In its resolution 34/8, the Human Rights Council requested the Advisory Committee to conduct a study and prepare a report on the negative effects of terrorism on the enjoyment of all human rights and fundamental freedoms, with a particular focus on economic, social and cultural rights, including as a result of diverting foreign direct investment (FDI), reducing capital inflows, destroying infrastructure, limiting foreign trade, disturbing financial markets, negatively affecting certain economic sectors and impeding economic growth, and to recommend actions to be taken by Governments, United Nations human rights mechanisms, regional and international organizations and civil society organizations in that regard. The report will be presented to the Council at its forty-eighth session and be discussed during the interactive dialogue.

  2. The Advisory Committee established a drafting group, currently composed of BuhmSuk Baek, Lazhari Bouzid, Alessio Bruni (Chair), Milena Costas Trascasas, Iurii Alexandrovich Kolesnikov, José Augusto Lindgren Alves, Xinsheng Liu, Ajai Malhotra, Mona Omar (Rapporteur), Elizabeth Salmón and Patrycja Sasnal. In preparing the report, the drafting group worked in close consultation with United Nations agencies and Member States, national human rights institutions and non-governmental organizations. A total of 37 contributions were received. In addition, the drafting group took into consideration the work done by the Committee on Economic, Social and Cultural Rights to identify and underscore States’ obligations with regard to the enjoyment of economic, social and cultural rights, together with relevant information from other human rights bodies. Moreover, the Advisory Committee benefited from the input of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

  3. In the context of this overall reflection on the effects of both terrorism and counterterrorism measures on the enjoyment of economic, social and cultural rights, the Advisory Committee reaffirms the indivisibility of all human rights, as provided in the Vienna Declaration and Programme of Action of 1993. The Advisory Committee stresses that nothing in the present report should be interpreted as undermining the applicable human rights standards and the fundamental role played by human rights mechanisms in monitoring State policies and practices in the context of counter-terrorism, in particular the role of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

  4. By focusing on the negative effects of terrorism on the enjoyment of economic, social and cultural human rights, the Advisory Committee seeks to contribute to the debate on how global efforts and strategies can be consistent with the aim of fulfilling the human rights obligations of States. The Advisory Committee fully supports the statement made in the report of the Secretary-General on the implementation of the United Nations Global CounterTerrorism Strategy that the collaborative efforts of Member States to prevent and counterterrorism need to be based on the rule of law and must respect human rights. States should strengthen efforts to effectively address the conditions conducive to the spread of terrorism and violent extremism, as recommended by the Human Rights Council, through a comprehensive approach. Such efforts are fundamental for achieving the implementation of the 2030 Agenda for Sustainable Development.