Thematic Discussion on Human Rights & Resolution 1373 Counter-Terrorism Committee Executive Directorate (CTED) United Nations New York, 7 October 2010

Security Council Resolutions Since 2003, the Security Council has stressed: States must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international law, in particular human rights, refugee and humanitarian law. --Resolutions 1456 (2003), 1535 (2004), 1566 (2004), 1624 (2005), 1787 (2007), 1805 (2008).

CTC Human Rights Policy Guidance (May 2006) The Counter-Terrorism Committee decided that its Executive Directorate (CTED) should, as appropriate, take account of States obligations under international law, including international human rights law, refugee law, and humanitarian law, when analysing implementation of resolutions 1373 and 1624, preparing letters to States, and organising country visits. The Counter-Terrorism Committee decided that its Executive Directorate (CTED) should, as appropriate, take account of States obligations under international law, including international human rights law, refugee law, and humanitarian law, when analysing implementation of resolutions 1373 and 1624, preparing letters to States, and organising country visits.

SC Presidential Statement S/PRST/2010/19 27 September 2010 The Security Council underlined the need to address the conditions conducive to the spread of terrorism, including, but not limited to, the need to strengthen efforts for the prevent and resolve prolonged conflicts, and the need to promote the rule of law, the protection of human rights and fundamental freedoms, good governance, tolerance and inclusiveness to offer a viable alternative to those who could be susceptible to terrorist recruitment and to radicalization leading to violence. The Security Council underlined the need to address the conditions conducive to the spread of terrorism, including, but not limited to, the need to strengthen efforts for the prevent and resolve prolonged conflicts, and the need to promote the rule of law, the protection of human rights and fundamental freedoms, good governance, tolerance and inclusiveness to offer a viable alternative to those who could be susceptible to terrorist recruitment and to radicalization leading to violence. The Council further recognized that development, peace and security, and human rights are interlinked and mutually reinforcing. The Council further recognized that development, peace and security, and human rights are interlinked and mutually reinforcing.

UN General Assembly Global Counter-Terrorism Strategy (2006) Reaffirmed that the promotion and protection of human rights and the rule of law are essential to all aspects of the Strategy Reaffirmed that the promotion and protection of human rights and the rule of law are essential to all aspects of the Strategy Declared that effective counter-terrorism measures and the protection of human rights are not conflicting goals, but complementary and mutually reinforcing Declared that effective counter-terrorism measures and the protection of human rights are not conflicting goals, but complementary and mutually reinforcing Stressed the need to promote and protect the rights of victims of terrorism Stressed the need to promote and protect the rights of victims of terrorism Recognized that violations of human rights and absence of rule of law can be conditions conducive to terrorism Recognized that violations of human rights and absence of rule of law can be conditions conducive to terrorism

CTC and CTED Relevant Initiatives Establishment of CTED internal working group on issues raised by 1624 (2005) and human rights aspects of 1373 Establishment of CTED internal working group on issues raised by 1624 (2005) and human rights aspects of 1373 Strategic partnerships with outside entities (OHCHR, Special Rapporteur, regional organizations) Strategic partnerships with outside entities (OHCHR, Special Rapporteur, regional organizations) Participation in CTITF working groups (on human rights; misuse of the Internet; border control) Participation in CTITF working groups (on human rights; misuse of the Internet; border control) Inclusion of human rights issues in the Committees Technical Guide on implementation of 1373, and the Committees Global Implementation Surveys Inclusion of human rights issues in the Committees Technical Guide on implementation of 1373, and the Committees Global Implementation Surveys

Security Council Resolution 1373 (2001) Relevant human rights issues include: Ensuring that laws are not vague or overbroad (compliance with the principle of legality); Ensuring that laws are not vague or overbroad (compliance with the principle of legality); Due process protections in freezing of assets; Due process protections in freezing of assets; Human rights safeguards in special criminal procedures and in bringing terrorists to justice; Human rights safeguards in special criminal procedures and in bringing terrorists to justice; Effective safeguards against refoulement; Effective safeguards against refoulement; Effective protection of refugee rights. Effective protection of refugee rights.

Additional Relevant Issues Regulation of charitable organizations (suppression of the abuse of charities must also ensure respect for the rights to freedom of conscience, expression and association); Regulation of charitable organizations (suppression of the abuse of charities must also ensure respect for the rights to freedom of conscience, expression and association); Activities of law enforcement bodies, intelligence agencies and others responsible for prevention (importance of oversight mechanisms); Activities of law enforcement bodies, intelligence agencies and others responsible for prevention (importance of oversight mechanisms); Border control and transportation security (need to consider the right to privacy; and freedom from discrimination and unlawful profiling) Border control and transportation security (need to consider the right to privacy; and freedom from discrimination and unlawful profiling)

The Benefits of a Human Rights-Based Approach Respect for human rights and rule of law facilitates bringing terrorists to justice Respect for human rights and rule of law facilitates bringing terrorists to justice International cooperation is strengthened; obstacles to extradition and evidence-sharing are removed International cooperation is strengthened; obstacles to extradition and evidence-sharing are removed Counter-terrorism based on human rights promotes better engagement by States internationally, and by civil society nationally Counter-terrorism based on human rights promotes better engagement by States internationally, and by civil society nationally

Human Rights, Rule of Law, and Technical Assistance Committee's policy guidance: CTED should take account, as appropriate, of assistance with a view to enhancing institutions and strengthening the rule of law, in identifying needs of States Committee's policy guidance: CTED should take account, as appropriate, of assistance with a view to enhancing institutions and strengthening the rule of law, in identifying needs of States Relevant considerations: professional law enforcement; appropriate legislation; overall rule of law framework Relevant considerations: professional law enforcement; appropriate legislation; overall rule of law framework Key partners and assistance providers: OHCHR; UNODC; regional organizations Key partners and assistance providers: OHCHR; UNODC; regional organizations

CTED Communications Strategy Committees human rights policy guidance: CTC and CTED should incorporate human rights into their communications strategy, as appropriate Committees human rights policy guidance: CTC and CTED should incorporate human rights into their communications strategy, as appropriate Need to dispel continuing misconceptions about role of human rights in work of the Committee and CTED Need to dispel continuing misconceptions about role of human rights in work of the Committee and CTED

Recommendations CTED should remain guided by the 2006 policy guidance CTED should remain guided by the 2006 policy guidance The CTED internal working group on resolution 1624 and HR aspects of 1373 should continue to develop advice and guidelines on effective implementation measures The CTED internal working group on resolution 1624 and HR aspects of 1373 should continue to develop advice and guidelines on effective implementation measures CTED should strengthen links with OHCHR, the Special Rapporteur, other relevant special procedures and mechanisms of the Human Rights Council, and other bodies, as appropriate CTED should strengthen links with OHCHR, the Special Rapporteur, other relevant special procedures and mechanisms of the Human Rights Council, and other bodies, as appropriate CTED should remain active in the CTITF human rights working group, as well as other CTITF working groups CTED should remain active in the CTITF human rights working group, as well as other CTITF working groups Relevant human rights issues should continue to be addressed in the Committee's Technical Guide and global surveys Relevant human rights issues should continue to be addressed in the Committee's Technical Guide and global surveys CTED should incorporate human rights more proactively into its technical assistance recommendations and more effectively into its communications strategy. CTED should incorporate human rights more proactively into its technical assistance recommendations and more effectively into its communications strategy.

For Member States Continue to ensure that any measures they take to implement resolution 1373 (2001) comply with all their obligations under international law Continue to ensure that any measures they take to implement resolution 1373 (2001) comply with all their obligations under international law Take a proactive approach to ensuring the human rights compliance of their counter-terrorism measures, including by promoting exchange of views at national level, as appropriate Take a proactive approach to ensuring the human rights compliance of their counter-terrorism measures, including by promoting exchange of views at national level, as appropriate Make full use of resources, including assistance of OHCHR, the Special Rapporteur, other relevant special procedures and mechanisms of the Human Rights Council, and regional human rights organizations Make full use of resources, including assistance of OHCHR, the Special Rapporteur, other relevant special procedures and mechanisms of the Human Rights Council, and regional human rights organizations Ensure that human rights training is part of professional development and awareness-raising programs. Ensure that human rights training is part of professional development and awareness-raising programs.

Thank you.