Regional organisations worldwide must protect, not threaten, human rights while countering terrorism, says UN expert

UN Human Rights Special Procedures

GENEVA (28 October 2024) – Dozens of regional organisations across the globe play a vital role in combating terrorism, but they have also enabled serious human rights violations and evaded adequate scrutiny, a UN expert said today.

Presenting his report to the General Assembly, Ben Saul, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, recommended practical measures that regional organisations can take to effectively protect human rights.

“I urge all regional organisations with vague and overbroad definitions and offences of terrorism and violent extremism to review and amend them. Such laws infringe the principle of legal certainty and enable cascading violations of fundamental rights, particularly in regions where authoritarian governance prevails,” he said.

“Over-broad terrorism laws can be weaponised to intimidate and arbitrarily imprison political and civil society activists, undermining liberty and freedoms of expression, assembly, association, religion and political participation,” he said. Some regional terrorism laws do not exclude legitimate democratic protest or humanitarian relief.

“Frameworks for regional cooperation, including extradition, mutual assistance and intelligence sharing, must also reinforce human rights, including non-return to rights violations in other countries, and protection of personal data and privacy”, he said. Heightened safeguards are necessary where regional organisations list “terrorists” or issue arrest warrants, to ensure due process and effective remedies.

According to the expert, accountability would also be improved if there were more regular and detailed public reporting and transparency about regional counter-terrorism activities, including ensuring regional counter-terrorism strategies are published.

“It is also vital that regional organizations improve their oversight and accountability mechanisms, including remedies for human rights violations, and engage more with civil society organisations”, he said.

“Most regional organisations could do much more to assist and protect victims of terrorism, ideally by embedding the UN Model Legislative Provisions to Support and Protect the Rights and Needs of Victims of Terrorism”, he said. “Where whole communities are affected by terrorism, as in areas of armed conflict, more attention and resources are needed to assist the displaced, restore livelihoods, rehabilitate communities and build a lasting peace”.

“Regional organisations should empower member states to fight terrorism in accordance with the rule of law and human rights. They should never equip governments to repress their critics or destroy civil and political freedoms”, Saul warned.

Regional organisations prominent in countering terrorism include the African Union, Association of Southeast Asian Nations, Council of Europe, European Union, League of Arab States, Organization of American States, Organization of Islamic Cooperation, Shanghai Cooperation Organization, and the South Asian Association for Regional Cooperation.