ASG Brands Kehris’ Participation in Session 1: Human rights and the rule of law as the cornerstone of effective counter-terrorism efforts

Excellencies, distinguished guests, co-moderators and esteemed members of the panel,

I wish to thank the Kingdom of Spain and the UN Office of Counter-Terrorism for convening us at this high-level conference to address the very important topic of human rights, civil society and counter-terrorism.

The timing is as critical as the issue at hand. Alongside some examples of good practice that we collect and can learn from, we continue to see the misuse of counter-terrorism measures for political and other reasons that restrict and violate human rights. This conference is therefore an opportunity to examine how to redouble our collective efforts to advance human rights and gender equality and protect civic space in counter-terrorism globally.

To illustrate the worrisome trends we are witnessing, allow me to point to some concrete cases as documented by our Office or UN human rights mechanisms.

Let me begin with counter-terrorism laws: Some anti-terrorism legislation includes petty crimes, such as vandalism, as a terrorist acts and do not require proof of terrorist intent. This means that individuals can face trial under terrorism charges for a non-violent crime committed without intent to terrorize the population. Overbroad or vague anti-terrorism laws go against the principles of necessity and proportionality.

Second, the misuse of counter-terrorism laws has contributed to the shrinking of civic space. In one incident, 15 individuals were charged with terrorism-related offences for having engaged in non-violent expression, protest, and political advocacy. In another case, anti-terrorism legislation was applied to criminalize acts of indigenous women asserting their rights to ancestral lands.

There are other human rights implications of counter-terrorism legislation. In one country, for instance, children can lose their citizenship if they engage in, or are convicted of, certain foreign fighting or terrorism-related conduct.

We have seen the targeting of entire communities under the guise of terrorism or national security. A case in point: authorities in one country increased home raids in a particular ethnic and religious community which resulted in the arrest and arbitrary detention of almost 4,000 people in one particular neighborhood. The majority of those affected were arrested on suspicion of terrorist links and belonged to the country’s ethnic minority. Many of the suspects were allegedly forcibly disappeared or killed extrajudicially.”

There are also documented cases of women killed or subjected to sexual violence in the context of counter-terrorism operations.

Why do human rights, gender equality and civic space matter?

First, it is imperative that communities and their members are protected and human dignity respected. Inadequate inclusion of human rights considerations leads to human rights violations that are in and by themselves of grave concern. Additionally, protection of human rights and gender equality are intrinsic to development and peace.

Second, such protection is a state obligation. Effective counter-terrorism measures and the protection of human rights and gender equality are complementary and mutually reinforcing objectives, which must be pursued together as part of States’ duty to protect individuals within their jurisdiction.

Third, it is also the smart thing to do. Failure to incorporate the protection of human rights, gender equality and civic space in the design and implementation of counter-terrorism measures will undermine the goals of counter-terrorism measures. By integrating these elements we can better address underlying conditions conducive to terrorism and find effective and lasting solutions.

As participants of the Global Digital Consultation organized by the Global Compact Gender Working Group fittingly remarked: Including women-led organizations, particularly at local and community levels, in the design and implementation of counter-terrorism or prevention of violent extremism responses leads to greater impact in addressing the root causes and consequences of violent extremism.

So, how can we ensure that human rights, gender equality and civil society are made an integral part of all counter-terrorism measures and not relegated to a ticking the box exercise?

All counter-terrorism measures should be assessed to ensure that they comply with the principles of legality, necessity, proportionality and the pursuit of a legitimate goal. The rule of law is fundamental – and requires consistency with human rights standards. Human rights and gender equality should feature at every stage of counter-terrorism responses and structures – from State policy formulation and coordination mechanisms to budget allotments and counter-terrorism operations.

To effectively support Member States in this regard, the human rights and gender-based dimension in the UN counter-terrorism architecture also needs to be stressed. For the UN, the UN Human Rights Due Diligence Policy, could be more effectively used to ensure that all counter-terrorism capacity building, programmatic, financial, or logistical support to non-United Nations forces is consistent with its responsibility to respect, promote and encourage respect for international humanitarian, human rights and refugee law.

Lastly, it is important that Member States and the United Nations genuinely promote and support an open and meaningful engagement with civil society organizations, human rights defenders, and national human rights institutions. We must move from tokenistic measures to effective and consistent operationalization of the UN’s Guidance Note on Civic Space with its three Ps: participation, promotion and protection.

It is insufficient that civil society is formally consulted, or even has a seat at the table, if it does not lead to actual influence on the outcome. Meaningful civil society participation requires respecting the diversity and agency of civil society actors and supporting legislative frameworks that guarantee freedoms of association, peaceful assembly, and expression, thus promoting safe and unimpeded civic space. It entails a commitment to not only listening, but hearing insights that civil society bring from their work in and with communities on the ground and facilitating synergies with relevant United Nations or State efforts.

It also means advocating for stronger protection for civil society actors that engage with the United Nations, particularly women- and youth-led civil society organizations and women human rights defenders. As the senior United Nations official on reprisals, this is a matter I particularly urge us all to prioritize.

We still have a long way to go and the challenges are urgent, which is why constructive discussions on the way forward at this important and timely event are essential. With joint action, political will and steadfast determination we can and will make a difference.

Thank you for your attention.