A/RES/61/171
3.
Reaffirms the obligation of States, in accordance with article 4 of the
International Covenant on Civil and Political Rights, 7 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; 8
4.
Calls upon States to raise awareness about the importance of these
obligations among national authorities involved in combating terrorism;
5.
Reaffirms that counter-terrorism measures should be implemented in full
consideration of minority rights and must not be discriminatory on the grounds of
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;
Also urges States, while countering terrorism, to ensure due process
7.
guarantees, consistent with all relevant provisions of the Universal Declaration of
Human Rights, 9 the International Covenant on Civil and Political Rights and the
Geneva Conventions of 1949, 10 in their respective fields of applicability;
8.
Opposes any form of deprivation of liberty that amounts to placing a
detained person outside the protection of the law, and urges States to respect the
safeguards concerning the liberty, security and dignity of the person and to treat all
prisoners in all places of detention in accordance with international law, including
human rights law and international humanitarian law;
Reaffirms that it is imperative that all States work to uphold and protect
9.
the dignity of individuals and their fundamental freedoms, as well as democratic
practices and the rule of law, while countering terrorism;
10. Encourages States, while countering terrorism, to take into account
relevant United Nations resolutions and decisions on human rights, and encourages
them to give due consideration to the recommendations of the special procedures
and mechanisms and the relevant comments and views of United Nations human
rights treaty bodies;
11. Takes note with interest of the report of the Secretary-General submitted
pursuant to resolution 60/158; 11
12. Welcomes the ongoing dialogue established in the context of the fight
against terrorism between the Security Council and its Counter-Terrorism
Committee and the relevant bodies for the promotion and protection of human
rights, and encourages the Security Council and its Counter-Terrorism Committee to
_______________
7
See resolution 2200 A (XXI), annex.
See, for example, General Comment No. 29 on states of emergency adopted by the Human Rights
Committee on 24 July 2001.
9
Resolution 217 A (III).
10
United Nations, Treaty Series, vol. 75, Nos. 970–973.
11
A/61/353.
8
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