A/RES/62/159
Recalling also the establishment by the Commission on Human Rights in its
resolution 2005/80 of the mandate of the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism,
Recalling further its resolution 48/141 of 20 December 1993 and, inter alia,
the responsibility of the United Nations High Commissioner for Human Rights to
promote and protect the effective enjoyment of all human rights,
Acknowledging the work of the Human Rights Council in promoting respect
for the protection of human rights and fundamental freedoms in the fight against
terrorism,
Bearing in mind the special procedures review process being undertaken by
the Human Rights Council,
Recognizing the importance of the United Nations Global Counter-Terrorism
Strategy, adopted on 8 September 2006, 7 and reaffirming its relevant clauses on
measures to ensure respect for human rights for all, international humanitarian law
and the rule of law as the fundamental basis for the fight against terrorism,
6F
Reaffirms that States must ensure that any measure taken to combat
1.
terrorism complies with their obligations under international law, in particular
international human rights, refugee and humanitarian law;
Deplores the suffering caused by terrorism to the victims and their
2.
families, expresses its profound solidarity with them, and stresses the need to
consider providing them with assistance on a voluntary basis;
Reaffirms the obligation of States, in accordance with article 4 of the
3.
International Covenant on Civil and Political Rights, 8 to respect certain rights as
non-derogable in any circumstances, recalls, in regard to all other Covenant rights,
that any measures derogating from the provisions of the Covenant must be in
accordance with that article in all cases, and underlines the exceptional and
temporary nature of any such derogations; 9
7F
8F
4.
Calls upon States to raise awareness about the importance of these
obligations among national authorities involved in combating terrorism;
Reaffirms that counter-terrorism measures should be implemented in full
5.
consideration of the human rights of persons belonging to minorities and must not
be discriminatory on grounds such as race, colour, sex, language, religion or social
origin;
Urges States to fully respect non-refoulement obligations under
6.
international refugee and human rights law and, at the same time, to review, with
full respect for these obligations and other legal safeguards, the validity of a refugee
status decision in an individual case if credible and relevant evidence comes to light
that indicates that the person in question has committed any criminal acts, including
terrorist acts, falling under the exclusion clauses under international refugee law;
_______________
7
Resolution 60/288.
See resolution 2200 A (XXI), annex.
9
See, for example, General Comment No. 29 on states of emergency adopted by the Human Rights
Committee on 24 July 2001.
8
3