may be associated with them, such as family members. However, they may also affect
the right to privacy, with implications beyond the FTF context, as a result of enhanced
surveillance, sharing and retention of information.97 Fair trial standards are affected
as adjustments are made to prosecute FTF-related offences, while expulsion or refusal
of entry to a country may have implications for a range of human rights, including in
terms of non-refoulement and exposure to real risks of torture and other ill-treatment
and other serious human rights violations in other states. Efforts to suppress recruitment of FTFs and influence the environment in which recruiters operate, for example
through overly broad and imprecisely framed incitement or “extremism” laws (see sections 3.3 and 3.5), can have a serious impact on freedom of expression, or on freedom of
thought, conscience, religion or belief, and thereby also erode the quality of democracy
itself. The impact of such measures on a range of economic and social rights, including
ability to work or pursue education, may arise directly and indirectly from FTF-related
measures, with potentially serious effects for individuals and extended families.98 The
impact of counter-terrorism measures, both more general and directly FTF-related ones,
on the right to equality and non-discrimination is also pervasive and often neglected
(see section 3.6).
The relationship between human rights and measures to counter the threats and challenges posed by FTFs also has another dimension. The interconnectedness of human
rights and security, and the critical need to address violations, injustice, inequality and
other “conditions conducive to the spread of terrorism” have been amply reflected in
international initiatives in the last decade, including the UN Global Counter-Terrorism
Strategy and within the OSCE.99 Yet the emphasis on the comprehensive approach
noted above, and the need to address the “conditions conducive” to the spread of terrorism and FTFs specifically for an effective, long term approach, is not always supported in
practice, or evident from policies. States should adopt an approach that recognizes and
addresses human rights concerns, including socio-economic discrimination, as drivers
of FTF engagement, ensuring that responses to the FTF matter do not fuel the problem.
Application of the Human Rights Framework
It is well known that the human rights framework accommodates effective action
against security threats, such as those represented by FTFs, in various ways: through
derogation from certain human rights obligations in situations of emergency, permissible restrictions to non-absolute rights, and co-applicability of human rights standards
alongside international humanitarian law in armed conflict. However, caution is needed
with respect to approaches that purport to broadly balance security and human rights,
as many counter-terrorism and FTF policies claim to do. While a balance is, indeed,
97 Privacy concerns are heightened by UNSC Resolution 2396 (2017) and the legal framework must be strictly
applied in its implementation.
98 As regards economic and social rights, for example, freezing of assets and suspension of social allowances
may have a direct impact, while other measures that limit movement and impose residency and reporting obligations may in effect interfere with work or education.
99 The OSCE Ministerial Declaration on FTFs recognizes that human rights concerns may contribute to or foment the spread of violent extremism, op. cit., note 2.
Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
31
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