The Committee for Justice (CFJ) has proposed amendments to Human Rights Council Resolution No. A/HRC/RES/58, which addresses the mandate of the Special Rapporteur on the promotion and protection of human rights while countering terrorism. The proposed amendments aim to strengthen the independence of the Special Rapporteur and ensure that their mandate is not exploited to justify repressive policies under the pretext of countering terrorism.
– Extension of the Special Rapporteur’s Mandate:
The committee introduced an explicit emphasis on the Special Rapporteur’s independence and neutrality, ensuring they are not subjected to political or security pressures that could affect their duties.
Original Text: “Decides to extend the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism for a period of three years, under the conditions outlined in Human Rights Council Resolution 49/1040/16.”
Revised Text: “Decides to extend the mandate of the Special Rapporteur for a period of three years, ensuring their independence and neutrality, and guaranteeing they are not subjected to political or security pressures, in accordance with the conditions outlined in Human Rights Council Resolution 49/1040/16.”
– Role of the Special Rapporteur in International Counter-Terrorism Mechanisms:
The committee limited the Special Rapporteur’s involvement to an advisory role only, emphasizing that their participation must remain strictly within a human rights framework to safeguard their independence.
Original Text: “Requests the Special Rapporteur to enhance their participation in intergovernmental processes related to counter-terrorism and human rights, particularly as a member of the Global Compact Coordination Committee on Counter-Terrorism and in the periodic review of the Global Counter-Terrorism Strategy, and to provide technical advice and engage in cooperative dialogue with states, intergovernmental organizations — including regional organizations — civil society, and other stakeholders.”
Revised Text: “Requests the Special Rapporteur to participate in intergovernmental processes related to counter-terrorism and human rights exclusively within the human rights framework, ensuring their independence is not compromised. Their role shall be advisory only, with full adherence to international human rights standards.”
– Preventing the Use of the Special Rapporteur’s Mandate to Justify Human Rights Violations:
A new paragraph was added to clarify that the Special Rapporteur’s participation in counter-terrorism frameworks should not be interpreted as endorsing policies that violate human rights. The focus should remain on preventing abuses and strengthening accountability mechanisms.
Original Text: (No explicit text preventing the use of the Special Rapporteur’s mandate to justify human rights violations.)
Revised Text: “Clarifies that participation in counter-terrorism frameworks must not be interpreted as endorsement of policies that violate human rights. The Special Rapporteur should focus on preventing human rights violations and enhancing accountability mechanisms.”
– Enhancing Government Cooperation with the Special Rapporteur:
The revised text strengthens the obligation of governments to cooperate fully with the Special Rapporteur while ensuring no political or security pressures hinder their work or restrict access to information.
Original Text: “Requests all governments to cooperate fully with the Special Rapporteur in fulfilling their duties and responsibilities, including responding promptly to urgent appeals and providing requested information.”
Revised Text: “Requests all governments to cooperate fully, respond promptly, and ensure that no political or security pressures hinder the Special Rapporteur’s work or restrict their access to information.”
– Protecting Individuals and Organizations Cooperating with the Special Rapporteur:
The amended text emphasizes the need to facilitate the Special Rapporteur’s country visits without restrictions and to protect individuals and organizations that cooperate with them from retaliation.
Original Text: “Calls upon all governments to consider positively the Special Rapporteur’s requests to visit their countries.”
Revised Text: “Calls upon all governments to facilitate unrestricted country visits and ensure that individuals or organizations cooperating with the Special Rapporteur are protected from retaliation.”
– Ensuring Adequate Support for the Special Rapporteur:
The committee introduced safeguards against political and financial pressures to ensure the Special Rapporteur’s independence and effective performance.
Original Text: “Requests the Secretary-General and the High Commissioner for Human Rights to provide all necessary human, technical, and financial assistance for the Special Rapporteur to fulfill their mandate effectively.”
Revised Text: “Requests the Secretary-General and the High Commissioner for Human Rights to provide all necessary assistance while ensuring full protection from political influence, allowing the Special Rapporteur to operate effectively and independently.”
– Ensuring Periodic Review and Oversight:
The amended text emphasizes the need for periodic reviews to ensure the continued independence of the Special Rapporteur while enhancing transparency and accountability.
Original Text: “Decides to continue consideration of this matter in accordance with the annual work program.”
Revised Text: “Decides to continue consideration of this matter while ensuring the enhancement of independence, transparency, and accountability in monitoring counter-terrorism and human rights issues in future reviews.”
