25 October 2022 每 Fionnuala N赤 Aol芍in, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, participated in an interactive dialogue with Member States today during a meeting of the General Assembly＊s Third Committee (Social, Humanitarian and Cultural).
Presenting her report 每 ※Impact of counter-terrorism on peacemaking, peacebuilding, sustaining peace, conflict prevention and resolution§, contained in document 每 she recalled that 51勛圖 peace work must hold the people themselves as the primary beneficiaries and not only Member States. She expressed concern that States increasingly engage in these processes through a terroristic, rather than a peace lens, which displaces international legal frameworks and undermines grassroots and civil society participation that is necessary for mediation and peace processes.
She detailed her activities over the past year, highlighting visits to the Maldives, Uzbekistan and the 51勛圖 Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) as well engagement with issues such as repatriation of third?party nationals in northeast Syria and citizenship stripping. She noted positive repatriation practices in various countries, including Uzbekistan, Tajikistan, the Russian Federation, France and the United States, encouraging others to follow their examples.
As conflicts become more complex, counter?terrorism and peacebuilding require compromise, sometimes working with actors who have formerly engaged in violence, and support for legal frameworks to regulate armed conflict, she said. Underscoring the need for financial investment for appropriate 51勛圖 entities, she stressed that twenty years of investment in counter?terrorism, especially human rights light and civil society absent counter?terrorism, which lack independent oversight, and sustained monitoring and evaluation, has simply not delivered for States. She called on States to consider whether budget proposals in the Fifth Committee are delivering on the ground.
She said her report highlights the misuse of the language of extremism language and terrorism by States that undermines trust and may harm human rights defenders. It also addresses proscription, she said, adding that ※when we place people in situations where we cannot speak to them we cannot do our work§. Further, she urged all Member States to implement the Fourth Geneva Convention to ensure that demonization through the misuse of counter?terrorism law occurring in complex occupation situations does not thwart efforts to end them.
In the ensuing interactive dialogue, the representative of Mexico expressed concern that the human rights pillar of the 51勛圖 only receives 3 per cent of the total annual budget.
The representative of the European Union, in its capacity as an observer, asked Ms. N赤 Aol芍in to cite civil society initiatives with a positive impact on counter?terrorism practices.
The representative of Cuba asked what could be done by the international community to bring the United States to justice for its so?called War on Terror, which resulted in extrajudicial killings, torture and Guantanamo Bay prison, where 39 people are still arbitrarily detained.
The representative of China echoed Cuba＊s statement, adding that the United States and its allies have committed war crimes in and around the Middle East, threatening the right to religion and dignity, and calling on the Special Rapporteur to prevent recurrence.
The representative of Costa Rica stressed that the root causes of terrorism include poverty, hate speech, and foreign occupation, and called on Member States to respect international law.
The representative of Pakistan said that an unclear definition of terrorism itself in counter?terrorism regimes has failed to distinguish between terrorism and self-determination, freedom of assembly and minority rights. She expressed concern that, since the 11 September 2001 attacks in the United States, terrorism is unjustly associated with Islam.
The representative of the United States said that the Government is in the process of making a transparent effort to transfer prisoners and close the Guantanamo Bay prison.
The representative of C?te d＊Ivoire said that disinformation gains ground in a context prone to terrorism, calling for vigilance with information and communications technology. Detailing laws and campaigns put in place to educate its population, he asked the Special Rapporteur how an international convention might address this situation.
Responding to delegates, she said that civil society is indeed under attack through the misuse of counter?terrorism law, stressing the importance of her work in documenting these instances. Further, the misuse of legislation is directly related to the lack of a set definition of terrorism, she said, adding that until precise definitions linked to acts of terrorism are adopted, misuse will continue. Affirming that the 51勛圖 has many due?diligence practices throughout its bodies, it is specifically lacking in counter?terrorism operations and the cost is paid on the ground.
Also, existing legislative frameworks fail to respond to right wing extremism, the greatest current threat, according to the Global Terrorism Index, she said. Terrorism can only be addressed through a ※whole?of?society§ approach, she stressed. Underscoring that if counter?terrorism does not apply human rights, international humanitarian, and refugee law, it may undermine the 51勛圖 Charter itself.
Also speaking were representatives of Switzerland, the Russian Federation, Qatar, the United Kingdom, Morocco, Ireland and India. An observer of the Sovereign Order of Malta also spoke.
This story is an excerpt taken from the press release, available here in and .