By PPJ- 26 February 2018
The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ni Aoláin, published and submitted her report to the UN Human Rights Council, in accordance with Assembly resolution 72/180 and Human Rights Council resolution 31/3 and 35/34, a little while ago.
The report addresses the human rights challenge of states of emergency (SoE) in the context of countering terrorism. Here are the highlights of the report:
– Human rights law enables states to limit the full exercise of derogable human rights when governments are faced with exceptional challenges allowing for proportionate and necessary restrictions to human rights.
– Emergency powers are a limited device. State use of emergency and exceptional national security measures should provide a positive basis to return to the full protection of human rights within a reasonable timeframe.
– The report details the relationship between entrenched emergency powers and sustained human rights violations and affirms that states are not well-served by the institutionalization of SoE.
– The report sets out guidelines and good practice which the Special Rapporteur encourages governments to adopt while countering terrorism thereby systematically addressing the pernicious problem of permanent emergencies.
– The report also offers views on international human rights supervision mechanisms encouraging a firmer and more robust approach in judicial and regulatory oversight.
– The report affirms that the wider global challenge of addressing the conditions conducive to terrorism and violent extremism will be advanced if the practices of permanent and de facto emergencies are dealt with unflinchingly.
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For the full text of the report please click here: http://www.ohchr.org/Documents/Issues/Terrorism/A_HRC_37_52.pdf
For more information about the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ni Aoláin, please click here: http://www.ohchr.org/EN/Issues/Terrorism/Pages/FionnualaNiAolain.aspx
