not possess the same quality of law as the binding international human rights treaties. That
said, the principles emerging from the special procedures are particularly valuable in relation
to developing human rights and counter-terrorism policy, even if they do not have the force
of law.86
Of particular relevance to counter-terrorism is the establishment of thematic special procedures. These include special rapporteurs, experts, or working groups on torture; disappearances; summary or arbitrary executions; religious intolerance; mercenaries; internally
displaced persons; violence against women; education; extreme poverty; and health. Most
significantly, there is also now a special rapporteur on promoting and protecting human
rights while countering terrorism.
Thematic rapporteurs have a broad mandate to investigate and report on the causes and
consequences of the violations of the particular right in question. They thus attempt to identify commonalities in violations, draw broad conclusions, and make recommendations on
conditions applicable to the right in issue. They may, however, also visit particular states and
intervene with governments when they feel it appropriate.
A number of the UN’s special rapporteurs and independent experts have made constructive
comments and given in-depth analysis on the implication of counter-terrorism strategies
on particular human rights. To assist member states, the UN has compiled a digest of jurisprudence of the UN and regional organizations on the protection of human rights while
countering terrorism.87 Additionally, further observations from the UN rapporteurs and independent experts can be found on the UN website.88
In a forceful statement, the UN special rapporteurs and independent experts have expressed
alarm at the growing threats against human rights in the counter-terrorism context and have
called for a renewed resolve to defend and promote these rights. They have also noted the
impact of this environment on the effectiveness and independence of the UN special procedures. They have pointed out that, although they share in the unequivocal condemnation of
terrorism, they have profound concerns about the multiplication of policies, legislation and
practices increasingly being adopted by many countries in the name of the fight against terrorism, which affect negatively the enjoyment of virtually all human rights — civil, cultural,
economic, political and social.89
Within the UN system, a variety of actions or procedures can be taken against states that
violate human rights.90 These include:
• deciding that the state in question should be subject to “advisory services”, which suggests
concern over a human rights situation and offers UN assistance toward its resolution;
• adopting a resolution in the General Assembly or another UN body which might ask for
further information, ask for a governmental response, criticize the government, or ask the
government to take specified action;
86
87
88
89
90
See, however, the section below on customary international law, pp. 55-57, 149.
Op. cit., note 52, UN Digest of Jurisprudence.
http://www.ohchr.org/english/bodies/index.htm.
See op. cit., note 50, Report of the United Nations High Commissioner for Human Rights, doc. E/CN.4/2004/4.
See for instance UN OHCHR, The United Nations Human Rights Treaty System: an introduction to the core human
rights treaties and the treaty bodies, Fact Sheet No. 30 (Geneva, 2005).
Countering Terrorism, Protecting Human Rights
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