Background

The HRC Resolution invites the High Commissioner for Human Rights to pay due attention to the negative impact of terrorism on the enjoyment of all human rights and fundamental freedoms, and to alleged violations of human rights and fundamental freedoms while countering terrorism, and to report regularly to the Human Rights Council. The forthcoming report is scheduled for submission during the 57th session of the HRC.

In this regard, OHCHR would be most grateful to receive information relevant to this report. This year’s report will be focused on the use of administrative measures in counter terrorism. Below you will find a short questionnaire to assist Member States and other actors in providing such information.

Guiding questions on the inputs sought

• Please provide information on the application of administrative measures in the context of countering terrorism. This includes, but is not limited to, the use of administrative - or security - detention, travel or entry-into-own country bans, movement restrictions, deportation orders, countering the financing of terrorism, terrorism listing of entities and individuals, surveillance, and deprivation of nationality.
• Please provide information on the regulatory framework used for implementing administrative measures in countering terrorism, and elaborate on the interrelationship between these measures and the use of the criminal justice system to prevent and counter terrorism.
• With respect to the administrative measures used and referred to above, please provide information on the challenges and benefits of the use of these administrative measures as well as good practices and lessons learned. In doing so, please elaborate how administrative measures used effectively address the threat posed by terrorism.
• Please provide details regarding the safeguards put in place, including oversight mechanisms, to guarantee that administrative measures do not encroach upon human rights. These rights include, but not limited to, privacy, freedom of religion, freedom of movement, due process and fair trial, non-discrimination, gender equality, liberty and security of person, and access to effective remedies.
• Please indicate whether human rights impact assessments are undertaken prior to the design and implementation of administrative measures in counter terrorism, and whether monitoring and evaluation are periodically undertaken to assess the effectiveness of administrative measures to meet their stated objectives. Please also provide information on how civil society organizations are involved in such monitoring and evaluation processes.
• Please provide information about specific measures that have been taken to ensure accountability and access to remedies for violation of human rights resulting from the use of administrative measures in countering terrorism.

Download the questionnaire in French and Spanish.

How inputs will be used

Unless requested otherwise, the information provided may be made available on this page.

Feel free to reach out to Samar Khamis at samar.khamis@un.org, if you have any questions.