World

Terrorism and human rights - Report of the Secretary-General (A/76/273) [EN/AR/RU/ZH]

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Summary

The present report is submitted pursuant to General Assembly resolution 74/147. In the report, it is emphasized that countering terrorism and respecting and promoting human rights should be viewed as complementary, rather than separate, objectives, and that law enforcement and military responses must be complemented by preventive measures that tackle the conditions conducive to terrorism. Emphasis is also placed on the importance of meaningful engagement with a range of diverse actors to ensure the effective implementation of policies to counter terrorism and prevent violent extremism. Persistent concerns relating to national counter-terrorism legislation, due process and fair trial, and the impact of counter-terrorism measures on civic space are also highlighted in the report. In addition, it is observed that limited progress has been made in prosecuting sexual and gender-based crimes, and consideration is given to procedural fairness and humanitarian concerns associated with sanctions listing and delisting, the situation of third-country nationals with suspected ties to designated terrorist groups, and new and emerging forms of violent extremism conducive to terrorism.

I. Introduction

  1. The present report is submitted pursuant to General Assembly resolution 74/147. The Assembly, in paragraph 37 of that resolution, requested the Secretary-General to submit a report on the implementation of the resolution to the Human Rights Council and to the Assembly at its seventy-sixth session.

  2. In the resolution, the Assembly reaffirmed its unequivocal condemnation of all acts, methods and practices of terrorism and violent extremism conducive to terrorism, in all its forms and manifestations, wherever and by whomsoever committed, regardless of their motivation. It emphasized that terrorism and violent extremism conducive to terrorism could not and should not be associated with any religion, nationality, civilization or ethnic group. The Assembly also called upon States to ensure that measures to counter terrorism and violent extremism conducive to terrorism and to preserve national security were in compliance with the obligations of States under international law, in particular international human rights law, international refugee law and international humanitarian law. In addition, the Assembly expressed serious concern at the violations of human rights and fundamental freedoms and of international refugee law and international humanitarian law in the context of countering terrorism and violent extremism conducive to terrorism. The Assembly also urged States to fully comply with their obligations under international law and to take a number of specific measures.

  3. The report covers the period from July 2019 to June 2021, since the previous report of the Secretary-General (A/74/270), which was submitted to the General Assembly at its seventy-fourth session. It is emphasized in the present report that countering terrorism, as well as respecting and promoting human rights, should be viewed as complementary rather than competing objectives. Recurring human rights concerns in the context of countering terrorism are also outlined, with particular reference to recommendations made by international human rights mechanisms. Recommendations are also provided on specific measures to be considered by Member States.