will be in conformity with the obligations undertaken by them in ratifying the
Convention against Torture”.
On 10 December 2001, on the occasion of Human Rights Day, 17 special rapporteurs
and independent experts of the UN Commission on Human Rights issued a joint
statement reminding States of their obligations under international law to uphold
human rights and fundamental freedoms in the context of the aftermath of the tragic
events of 11 September 2001. The special rapporteurs and experts expressed their
deep concern over anti-terrorist and national security legislation and other measures
adopted or contemplated that might infringe upon the enjoyment by all of their human
rights and fundamental freedoms. They warned against human rights violations and
measures that have targeted particular groups such as human rights defenders,
migrants, asylum-seekers and refugees, religious and ethnic minorities, political
activists and the media. They addressed their concerns to the relevant authorities,
requesting them to take appropriate action to guarantee respect for human rights and
fundamental freedoms. The special rapporteurs and experts particularly reminded
States of the fundamental principle of non-discrimination under which everyone is
entitled to all rights and freedoms “without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status”. Since then, several Special Rapporteurs intervened on
individual cases of concern. These include the Special Rapporteur against Torture,
the Special Representative on Human Rights Defenders, and the Special Rapporteur
on the Independence of Judges and Lawyers, in addition to special rapporteurs with
country-specific mandates who have raised relevant concerns.
On 8 March 2002, the UN Committee on the Elimination of Racial Discrimination
issued a statement recalling that the prohibition of racial discrimination is a
peremptory norm of international law from which no derogation is permitted, and
requesting States and international organizations to ensure that measures taken in the
struggle against terrorism do not discriminate in purpose or effect on grounds of race,
colour, descent or national or ethnic origin. The Committee insisted that the principle
of non-discrimination must be observed in all areas, in particular in matters
concerning liberty, security and dignity of the person, equality before tribunals and
due process of law, as well as international cooperation in judicial and police matters
in these fields.
The Human Rights Committee systematically raises questions during its examination
of State reports regarding the compatibility of measures taken by States to counter
terrorism with States’ obligations under the ICCPR. Many of the Committee’s
concluding observations on this issue are contained in this digest.
The Report of the Policy Working Group on the United Nations and Terrorism
In October 2001, the UN Secretary-General established the Policy Working Group on
the United Nations and Terrorism. The aim of the Working Group was to identify the
longer-term implications and broad policy dimensions of terrorism for the United
Nations and to formulate recommendations on steps that the United Nations system
might take to address the issue. On 6 August 2002, the Secretary-General submitted
the report of the Policy Working Group to the General Assembly and the Security
Council (A/57/273 – S/2002/875).
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