Report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Fionnuala Ní Aoláin (A/76/261) – World

Promote human rights by mainstreaming human rights in counter-terrorism capacity building and technical assistance at national, regional and global levels

summary

This report looks at the human rights and international law dimensions of the provision of capacity and technical assistance in relation to counter-terrorism and combating or preventing violent extremism. It was written in the context of the extraordinary expansion of capacity building and technical assistance in combating terrorism and combating or preventing violent extremism. The Special Rapporteur reiterates that human rights and rule-of-law capacity building and technical assistance can play a valuable role in strengthening a societal approach to counter terrorism and can be an essential element in preventing conditions that encourage persistent violence in society. It notes, however, that the provision of counter-terrorism capacity and technical assistance is related to an unprecedented growth in counter-terrorism institutions, normative frameworks, programming and funding over the past two decades. She points to the increasing role of certain United Nations agencies in providing counter-terrorism capacity and technical assistance to states, as well as the lack of a comparable scale in human rights due diligence.

The Special Rapporteur observes deep rule of law and human rights deficits in the provision of capacity and technical assistance in contexts where national definitions of terrorism and violent extremism are inconsistent with international law, and aims at the legitimate exercise of basic human rights and functions in order to promote authoritarian forms of government to maintain and enable. It notes an absolute lack of ethically appropriate and scientifically rigorous monitoring and assessment of counter-terrorism capacity building and technical assistance, including by United Nations agencies. It notes a persistent pattern of “one-off” and “train and arm” interventions, seldom integrated into a holistic approach to justice, security, governance and development at the national level, leaving underlying structures and injustices untouched and festering.

The Special Rapporteur stresses the need to align capacity-building and counter-terrorism technical assistance with sustained efforts to improve the effectiveness of the rule of law, sustainable development priorities, anti-corruption measures, accountable institutional structures and the alignment of these priorities with existing developments to bring goals and processes. It notes that there is a widespread failure to ensure that capacity building and technical assistance are carried by a wide and diverse range of stakeholders, including civil society at national level. Civil society participation in the security sector and civil oversight of the security sector are essential to effective terrorism prevention. She criticizes a supply-side, consumer-oriented model of capacity building for counter-terrorism and technical assistance, the rationale of which is often far removed from a real examination of the conditions conducive to terrorism and the survival of the regime, parasitic co-option of security resources and means, and self-interest from security sectors. It warns United Nations organizations involved in counter-terrorism capacity building and technical assistance that their due diligence must be strictly adhered to and that they are not engaged in strengthening systems of coercion and violence in the name of counter-terrorism or be complicit in preventing (violent) extremism. Counter-terrorism capacity building and technical assistance practices are in dire need of transparency, accountability and revision to be both effective and human rights compliant.