Statement by Ivan Šimonović, Assistant Secretary-General for Human Rights to the Counter Terrorism Committee, New York, 10 December 2015

Madam Chair, Members of the Committee,

I am happy to have this opportunity to exchange views with you on an approach to counter-terrorism that is firmly grounded in human rights. We all know and agree that States have an obligation to protect individuals from terrorist attacks. But the message I want to make today is that in order to be effective and sustainable, the entire strategy to counter terrorism must be based on a framework of respect for human rights and the rule of law.

The adoption of a human rights framework to fight terrorism goes far beyond protecting the human rights of just those who may be involved in terrorist activities. Yet, there remains an assumption that a human rights approach to fight terrorism is limited to “protecting” the human rights of terrorists. Certainly the rights of those suspected must be protected, not only because it is an obligation under international law, but also because it is more effective to do so. But, it is also important to see that counter-terrorism strategies can be at best undermined, or at worse do significant damage, when they are not in compliance with human rights.

I have recently visited Nigeria and Somalia, where terrorist groups have committed mass atrocities and where security forces are courageously fighting terrorist groups. In Nigeria, I visited Borno, the region mostly affected by Boko Haram and in Somalia I visited both Mogadishu and Baidoa at the center of a region still under control of Al Shabaab. In both places, I have observed similar patterns and I would like to share with you three of them.

1. Violations committed by security forces

The first pattern is related to the damage caused by human rights violations committed by security forces – international and national – combatting terrorism. We regrettably continue to see patterns of abuses committed by the very security forces that are entrusted with the role to combat terrorists groups.

In Nigeria, I heard reports of extra-judicial and summary executions, arbitrary and prolonged detentions, disappearances, and torture, as well as overcrowding and hunger in prisons. In this regard, I was pleased to hear the commitment made by the new administration of President Buhari to address this issue effectively.

In Somalia, ongoing allegations of grave violations of international human rights and humanitarian law, including cases of summary executions or indiscriminate killings and sexual violence, allegedly committed by AMISOM and other contingents of foreign security forces operating in Somalia, continue to raise serious concerns from all segments of Somali society including national authorities. Similar concerns exist for elements of Somali national forces.

Such violations will only further strengthen the conviction of terrorists and encourage others affected by these abuses to join them. A response to the terrorist threat that is not conducted in compliance with international human rights standards will only generate further exclusion and marginalization and alienate the local population. And ultimately it will negatively affect the ultimate success in the fight against terrorism.

Let me add that even beyond these very serious forms of abuses, actions that can be perceived as offending religious beliefs or human dignity can be also harmful to the fight against terrorism. Well meaning and courageous security forces caught on camera when dragging the half naked body of a suspected terrorist can cost hundreds of lives. At the same time, a hashtag “you are no Muslim Bruv” re-tweeted globally by Muslim communities can save the lives of a thousand.

2. The role of civil society

The second pattern I would like to highlight is the central role of civil society. Civil society and affected communities constitute an essential segment of a society facing terrorism that can either feed terror, or alternatively promote peace, security and reconciliation.

In Somalia, I met with civil society organizations in Mogadishu and Baidoa. I also had such meetings in Nigeria in Borno and Abuja. These meetings provided an incredibly useful platform for local communities to express their frustration and grievances.

The role played by civil society in the fight against terrorism is paramount because it allows the voices of the very people affected by terrorism to be heard. As a result, counter-terrorism strategies can be adapted in ways that respond to the needs of these populations. Preventing their voice to be heard may undermine counter-terrorist efforts.

Yet, the debates at the Third Committee of the General Assembly this year, especially heard through the voices of experts and UN special rapporteurs, revealed worrying trends about the shrinking space for civil society globally.

The context of Somalia constitutes an opportunity to support a positive dynamic in this regard. Somali national authorities’ resilience in the face of terrorism has shown the strength of their democratic commitments. They should now be encouraged and supported to maintain this spirit, including to resist the temptation to unduly curtail fundamental rights such as freedom of expression, and to exclude civil society in the state building process. They should be supported to move forward with the adoption of a new anti-terrorism legislation that is human rights-compliant. In this regard the Committee may consider a political visit to assess the situation in Somalia and support these efforts.

3. Beyond the force

Finally, it is often said that terrorism cannot be fought through military means or by force alone. Security solutions are undoubtedly necessary. But at the risk of repeating the obvious, the need to address the “root causes”, in particular social and political exclusion, is now more important than ever if we want to prevent recruitment. And yet, we see that a disproportionate percent of resources and measures continue to be devoted to military means, not only to address immediate threats but also to achieve quick political gains.

In Somalia, I met with former Al Shabaab fighters in a camp for disengaged combatants, including one who joined Al Shabaab at age 14. By the time he was in the camp, he was 20 and was only then starting to learn to read. In Nigeria, I met with a 12 year old alleged suicide bomber.

There is no doubt that these two individuals are perpetrators of terrorist acts, but as youth they are also victims. They provide examples to demonstrate that if we want to address the real root causes of terrorism we must first and foremost take the measures to prevent these situations from happening in the first place. Similarly, resources should be devoted to successful rehabilitation of disengaged combatants.

Dear Committee members, in identifying these patterns I would like to put forward several recommendations to the Committee.

-The CTC should support the efforts of the UN-system to implement the Secretary General’s Human Rights Due Diligence Policy on UN support to non-UN security forces (HRDDP) as a way to promote conduct in compliance with human rights among the security forces that are involved in counter-terrorism operations.

-The CTC should openly promote the role of civil society as crucial in the fight against terrorism and caution Member States against the temptation to curtail political freedoms. Civil society is often part of the solution, not the problem and consultation with them should be encouraged.

-The CTC should encourage further research and analysis on the link between human rights violations by security forces and the recruitment by terrorist groups.

-The CTC should publicly call for a rebalancing of the resources and means devoted to counter-terrorism, in particular those that address recruitment by terrorist groups.