Council:

Topic:

Commission on Human Rights

The Protection of Human Rights and Fundamental Freedoms while Countering Terrorism

Date: March 11th, 2005CHR/Res/A/1

Sponsors: Canada, French Republic, Federal Republic of Germany, Hellenic Republic, Kingdom of Spain, Kingdom of Sweden, United Kingdom of Great Britain and Northern Ireland, United Mexican States, United States of America

Co-Sponsors: Argentine Republic, Federal Republic of Brazil, Republic of Chile, Republic of Colombia, Republic of Turkey

Recalling the principles of the Charter of the United Nations affirming faith in fundamental human rights and the dignity and worth of the human person,

Taking into consideration the needs of United Nations member states to address issues threatening their national security,

Recognizing that counter-terrorism is necessary to ensure international peace and security,

Respecting the implementation of Security Council Resolutions 1373 and 1456 pertaining to measures of counter-terrorism,

Stressing the respect of human rights and fundamental freedoms enshrined in the Universal Declaration and the International Covenants of human rights when applying measures of counter-terrorism,

Endorsing the universal respect of international human rights law and international humanitarian law,

Encouraging the role of international, regional, and national institutions working towards the promotion of human rights as well as international and local NGOs, in pursuing their role in addressing human rights violations,

Recognizing that coordination between countries is essential in order to address the social and economic root causes of terrorism as a long-term proposal to counter terrorism,

The Commission on Human Rights:

1. Reminds all states that it is necessary to carry out counter-terrorism measures at all times;

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2. Recognizes the importance of valuing counter-terrorism as a tool to protect human rights, specifically the right of life, liberty and security as stated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

3. Stresses the importance of implementing the International Covenant on Civil and Political Rights, the Convention Against Torture and Inhuman and Degrading Treatment, as well as other relevant international and regional conventions stating the obligations of states to respect human rights standards while countering terrorism;

4. Reaffirms that Article 4 of the International Covenant on Civil and Political Rights proclaims certain fundamental human rights are non-derogable at all times, and that these non-derogable rights are stated in articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 in the Covenant;

5. Draws attention to General Comment no. 29 of the Human Rights Committee on states of emergency declaring that:

a. In order to declare a state of emergency , specific criteria need to be met , namely that the situation amounts to where the life of the nation is threatened, and that the state in question has to have officially proclaimed a state of emergency;

b. A state of emergency must be temporary in nature;c. The intended derogations from other articles in the International

Covenant on Civil and Political Rights must be identified by the Human Rights Committee in order to ensure that these derogations are justified so as to meet the extent of emergency situation faced by the state;

d. To invoke article 4 does not imply the derogation from these guarantees that are also ensured in other instruments of international law nor justify state violations of its obligations under other international law instruments;

6. Endorses the importance of the Universal Declaration of Human Rights, and the

International Covenant on Civil and Political Rights stressing the right to life, liberty and security of person in addition that no one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment;

7. Condemns detention of individuals without sufficient reasons or profound justification as the nation sees fit;

8. Urges countries to prevent detention of individuals based on prejudice or discrimination of any kind, whether race, religion, ethnicity, gender, or social circumstances;

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9. Affirms the rights of the detainees granted by the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights, and notes:

a. Article 14 (2) of the International Covenant on Civil and Political Rights stating that anyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to national law;

b. States’ obligations to determine specific charges to arrest the detainee with respect to the threat posed by the detainee, and that such charges should conform to each nation’s criminal law;

c. States’ obligations to promptly inform the detainee of the charges against him, as stated by the International Covenant on Civil and Political Rights;

d. States’ obligation to treat detainees according to the principles stated in the:

i. Convention Against Torture and Inhuman and Degrading Treatment or Punishment which provides a concrete definition of torture and affirms that there is no justification for using torture methods on detainees even in a state of emergency;

ii. Standard Minimum Rules for the Treatment of Prisoners voted on by the General Assembly;

10. Calls upon states not party to the Convention Against Torture and other Cruel, Inhumane and Degrading Treatment or Punishment to ratify this Convention, as well as its Optional Protocol, which creates a system of regular visits undertaken by independent international and national bodies to uphold the prevention of such methods;

11. Reaffirms the role of the International Committee of the Red Cross as the monitoring mechanism of the Geneva Conventions of 1949 and the Additional Protocols of 1977 in ensuring the implementation of international humanitarian law;

12. Stresses the importance of the Counter-Terrorism Committee in monitoring the implementation of Security Council Resolution 1373 and state adoption of counter-terrorism measures;

13. Praises the existing coordinative relationship between the Counter-Terrorism Committee and the United Nations High Commissioner for Human Rights, and calls for the consolidation of this relationship;

14. Welcomes previous efforts by the Commission on Human Rights with the appointment of the independent resolution with resolution 2004/87 to research human rights violations in efforts to combat terrorism to assist the High Commissioner of Human Rights in this mission,

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15. Demands the establishment of a permanent working group of Human Rights Violations in Counter-Terrorism (HRVCT) consisting of human rights experts working under the umbrella of the Commission on Human Rights to:

a. research and study human rights violations in efforts to counter terrorism based on available sources;

b. to benefit from the proficiency of the independent expert appointed by Commission on Human Rights until the elapse of his mandate;

16. Requests more frequent briefings by the United Nations High Commissioner for Human Rights with regards to the issue of violations of human rights and fundamental freedoms while countering terrorism;

17. Asserts that terrorism is the absolute violation of human rights, specifically the right to life;

18. Calls upon countries and relevant international and regional organization as well as NGOs to undergo development processes in efforts to fight the root causes of terrorism.

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