Virtual Dialogue with Human Rights and Civil Society Partners on Building a Better Paradigm to Prevent and Counter Terrorism

Video message by Michelle Bachelet, UN High Commissioner for Human Rights

25 May 2021

Greetings to all of you, and many thanks to Spain, and UNOCT, for organising this discussion.

Let me begin with some hard questions. How far have we come in our efforts to combat terrorism? Has counter-terrorism contributed to making our world safer? Has it had negative consequences – notably in terms of human lives and human rights? Have States made the most effective possible policy choices?

My perspective is clear. I am convinced that responses to terrorism should be grounded in human rights and the rule of law because this is the right thing to do – and because, ultimately, it is the most effective approach. The lesson of the last two decades is that crackdowns, repression and militarised responses not only don't work – they are counter-productive.

Effective counter-terrorism strategies must be based on laws, uphold human rights, and ensure that people are held accountable for any violations of human rights. They should apply to all, and treat all people equally. They should operate in transparency. Communities should be involved in their design and implementation. And to effectively prevent terrorism, States need to address the circumstances in which it may flourish – including persistent failures to respect human rights.

Upholding human rights means also ensuring careful assessment of communities, which have been obliged to live under the control of terrorist groups, will avoid lumping together perpetrators with victims – a misstep which will likely deepen grievances and drive people to take on violent extremist views. And it means respecting terrorist defendants' right to fair trial.

While nothing justifies terrorism, the Secretary-General and I have repeatedly pointed out that poor governance, structural discrimination, corruption, a weak rule of law and human rights deficits nourish the soil in which terrorism may grow.

For effective prevention of terrorism, it is vital to address the unfortunately frequent cases of disproportionate and unnecessary force in military and law-enforcement responses, as well as failure to respect fair trial rights in anti-terrorism judicial proceedings. It is essential to end actions that silence critical NGOs on the pretext that they are "promoting" or "glorifying" terrorism.

Today we see many cases of peaceful protestors, journalists, human rights defenders and lawyers wrongly labelled as "terrorists". Vaguely defined laws, including on terrorism-financing, are being misused – with individuals from minority communities disproportionately targeted.

This is not only unjust – it is hugely damaging to counter-terrorism efforts themselves.

Not all violence constitutes terrorism. As a minimum, terrorism involves the intimidation or coercion of populations or governments, through the threat or perpetration of violence, causing death, serious injury or the taking of hostages. In the absence of an internationally agreed definition of terrorism, Security Council resolution 1566 and the model definition provided by the Special Rapporteur constitute useful international standards on key elements of acts of terrorism, which I encourage States to adhere to.

Criticism of the authorities, and peaceful demonstrations against the authorities, are not terrorism. Non-violent conduct should never be considered terrorism.

Unlawful restrictions on free speech, freedom of information, the right to association and peaceful assembly are contrary to the legal obligations of States and deeply damaging to counter-terrorism efforts.

In such cases, reinstating a human rights based legal framework is a core goal for our Office, and we have identified five stepping stones for ensuring effective engagement of civil society in all areas of public life – including the development and evaluation of counterterrorism policies.

As the Secretary-General's 2020 Call to Action for Human Rights emphasises, all UN entities must take concrete and meaningful steps to protect and advance civic space and fundamental freedoms.

Colleagues and friends,

In this key year for global counter-terrorism work, we look forward to deepening our cooperation with all of you.

We are already working closely with Member States to strengthen human rights commitments in the context of the ongoing review of the Global Counter-Terrorism Strategy, I encourage States to take concrete steps to ensure better funding, and political and operational support, for the 4^th pillar of the Strategy and to ensure human rights integration throughout all four pillars of the Strategy.

By working together and sharing our perspectives on the challenges people experience in practise, on the ground, I am convinced we can advance our shared goal of combating and preventing terrorism, so that people everywhere can leave free from fear.

Thank you.