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    Sample+Resolution Sample+Resolution Document Transcript

    • Council: Commission on Human Rights Date: March 11th, 2005 CHR/Res/A/1 Topic: The Protection of Human Rights and Fundamental Freedoms while Countering Terrorism Sponsors: Canada, French Republic, Federal Republic of Germany, Hellenic Republic, Kingdom of Spain, Kingdom of Sweden, United Kingdom of Great Britain and Northern Ireland, United Mexican States, United States of America Co-Sponsors: Argentine Republic, Federal Republic of Brazil, Republic of Chile, Republic of Colombia, Republic of Turkey 1 Recalling the principles of the Charter of the United Nations affirming faith in 2 fundamental human rights and the dignity and worth of the human person, 3 4 Taking into consideration the needs of United Nations member states to address 5 issues threatening their national security, 6 7 Recognizing that counter-terrorism is necessary to ensure international peace and 8 security, 9 10 Respecting the implementation of Security Council Resolutions 1373 and 1456 11 pertaining to measures of counter-terrorism, 12 13 Stressing the respect of human rights and fundamental freedoms enshrined in the 14 Universal Declaration and the International Covenants of human rights when 15 applying measures of counter-terrorism, 16 17 Endorsing the universal respect of international human rights law and international 18 humanitarian law, 19 20 Encouraging the role of international, regional, and national institutions working 21 towards the promotion of human rights as well as international and local NGOs, in 22 pursuing their role in addressing human rights violations, 23 24 Recognizing that coordination between countries is essential in order to address the 25 social and economic root causes of terrorism as a long-term proposal to counter 26 terrorism, 27 28 The Commission on Human Rights: 29 30 1. Reminds all states that it is necessary to carry out counter-terrorism measures at 31 all times; 32
    • 33 2. Recognizes the importance of valuing counter-terrorism as a tool to protect human 34 rights, specifically the right of life, liberty and security as stated in the Universal 35 Declaration of Human Rights and the International Covenant on Civil and 36 Political Rights; 37 38 3. Stresses the importance of implementing the International Covenant on Civil and 39 Political Rights, the Convention Against Torture and Inhuman and Degrading 40 Treatment, as well as other relevant international and regional conventions stating 41 the obligations of states to respect human rights standards while countering 42 terrorism; 43 44 4. Reaffirms that Article 4 of the International Covenant on Civil and Political 45 Rights proclaims certain fundamental human rights are non-derogable at all times, 46 and that these non-derogable rights are stated in articles 6, 7, 8 (paragraphs I and 47 2), 11, 15, 16 and 18 in the Covenant; 48 49 5. Draws attention to General Comment no. 29 of the Human Rights 50 Committee on states of emergency declaring that: 51 a. In order to declare a state of emergency , specific criteria need to 52 be met , namely that the situation amounts to where the life of the 53 nation is threatened, and that the state in question has to have 54 officially proclaimed a state of emergency; 55 b. A state of emergency must be temporary in nature; 56 c. The intended derogations from other articles in the International 57 Covenant on Civil and Political Rights must be identified by the 58 Human Rights Committee in order to ensure that these derogations 59 are justified so as to meet the extent of emergency situation faced 60 by the state; 61 d. To invoke article 4 does not imply the derogation from these 62 guarantees that are also ensured in other instruments of 63 international law nor justify state violations of its obligations under 64 other international law instruments; 65 66 6. Endorses the importance of the Universal Declaration of Human Rights, and the 67 International Covenant on Civil and Political Rights stressing the right to life, 68 liberty and security of person in addition that no one shall be subjected to torture 69 or cruel, inhuman or degrading treatment or punishment; 70 71 7. Condemns detention of individuals without sufficient reasons or profound 72 justification as the nation sees fit; 73 74 8. Urges countries to prevent detention of individuals based on prejudice or 75 discrimination of any kind, whether race, religion, ethnicity, gender, or social 76 circumstances; 77
    • 78 9. Affirms the rights of the detainees granted by the Universal Declaration on 79 Human Rights and the International Covenant on Civil and Political Rights, and 80 notes: 81 a. Article 14 (2) of the International Covenant on Civil and Political Rights 82 stating that anyone charged with a criminal offence shall have the right to 83 be presumed innocent until proven guilty according to national law; 84 b. States’ obligations to determine specific charges to arrest the detainee 85 with respect to the threat posed by the detainee, and that such charges 86 should conform to each nation’s criminal law; 87 c. States’ obligations to promptly inform the detainee of the charges against 88 him, as stated by the International Covenant on Civil and Political Rights; 89 d. States’ obligation to treat detainees according to the principles stated in 90 the: 91 i. Convention Against Torture and Inhuman and Degrading 92 Treatment or Punishment which provides a concrete definition of 93 torture and affirms that there is no justification for using torture 94 methods on detainees even in a state of emergency; 95 ii. Standard Minimum Rules for the Treatment of Prisoners voted 96 on by the General Assembly; 98 10. Calls upon states not party to the Convention Against Torture and other Cruel, 99 Inhumane and Degrading Treatment or Punishment to ratify this Convention, as 100 well as its Optional Protocol, which creates a system of regular visits undertaken 101 by independent international and national bodies to uphold the prevention of such 102 methods; 104 11. Reaffirms the role of the International Committee of the Red Cross as the 105 monitoring mechanism of the Geneva Conventions of 1949 and the Additional 106 Protocols of 1977 in ensuring the implementation of international humanitarian 107 law; 108 109 12. Stresses the importance of the Counter-Terrorism Committee in monitoring the 110 implementation of Security Council Resolution 1373 and state adoption of 111 counter-terrorism measures; 113 13. Praises the existing coordinative relationship between the Counter-Terrorism 114 Committee and the United Nations High Commissioner for Human Rights, and 115 calls for the consolidation of this relationship; 117 14. Welcomes previous efforts by the Commission on Human Rights with the 118 appointment of the independent resolution with resolution 2004/87 to research 119 human rights violations in efforts to combat terrorism to assist the High 120 Commissioner of Human Rights in this mission,
    • 122 15. Demands the establishment of a permanent working group of Human Rights 123 Violations in Counter-Terrorism (HRVCT) consisting of human rights experts 124 working under the umbrella of the Commission on Human Rights to: 125 a. research and study human rights violations in efforts to counter 126 terrorism based on available sources; 127 b. to benefit from the proficiency of the independent expert 128 appointed by Commission on Human Rights until the elapse of 129 his mandate; 131 16. Requests more frequent briefings by the United Nations High Commissioner for 132 Human Rights with regards to the issue of violations of human rights and 133 fundamental freedoms while countering terrorism; 135 17. Asserts that terrorism is the absolute violation of human rights, specifically the 136 right to life; 138 18. Calls upon countries and relevant international and regional organization as well 139 as NGOs to undergo development processes in efforts to fight the root causes of 140 terrorism.