Background

Dozens of regional and sub-regional organizations are involved in countering terrorism, including through standard setting; regional cooperation (in policing, border security, countering terrorist financing, sharing of information/intelligence/data, and mutual legal assistance and extradition); technical assistance and capacity building; the establishment of specialised counter-terrorism bodies; military activities; implementing international standards (including Security Council resolutions); and engagement with United Nations counter-terrorism bodies, other regional organizations, and third states.

Regional counter-terrorism regimes can have profound impacts on human rights, yet human rights law has often not been at their core. Regional regimes have historically had a law enforcement focus on repressing terrorism, rather than on holistically preventing it, addressing the conditions conducive to it or human rights issues or engaging civil society. The dominant political and legal cultures of some regions have also adversely influenced attitudes towards human rights. Weak national protection of human rights can be exacerbated by a lack of regional human rights mechanisms or ineffective ones.

More information about the role of regional organizations in countering terrorism can be found in the Special Rapporteur's report to the Human Rights Council A/HRC/55/48 (paragraphs 38 to 45).

Objectives

The Special Rapporteur’s report to the General Assembly in October 2024 aims to identify and share good practices on human rights protection in regional organizations as well as recommend areas for improvement.

1. Key questions and types of input/comments sought
   To what extent are the counter-terrorism and preventing/countering violent extremism (P/CVE) norms of the regional organization consistent with international human rights law, international humanitarian law, and international refugee law?
   1. Consider, for example, definitions of terrorism and extremism and exclusion clauses in definitions, terrorism offences, criteria for listing terrorist organizations, obligations to cooperate, duties of prevention, and P/CVE.
   2. Do any counter-terrorism norms or instruments refer to human rights, either generally or in specific detail, or are human rights omitted?
   3. Consider all relevant norms: treaties, internal laws, resolutions, standards, ‘soft law’, declarations, policies, strategies and plans.
   4. Consider all of the actors in the regional organization, such as commissions, councils, parliaments, secretariats, regulatory authorities and executive bodies.
   5. Include critiques by any United Nations and regional human rights bodies, national courts, experts, academics and NGOs.
2. Have counter-terrorism sanctions of the organization respected human rights?
3. To what extent has the regional organization acted consistently with international human rights law in its operational activities and practices, including legal and technical cooperation, sanctions, training, joint investigations, and joint exercises?
4. To what extent do the specialized counter-terrorism bodies of regional organizations (such as counter-terrorism committees, centres, units and working groups) have:
   1. a mandate to consider human rights issues in their counter-terrorism work (e.g. in their constituent instruments or resolutions, terms of reference etc)?
   2. human rights expertise, including dedicated human rights personnel or other personnel with training and knowledge in human rights?
   3. sufficient resources, including necessary staff, to address human rights issues?
   4. adequate coordination on human rights protection with other actors within the regional organization engaged in counter-terrorism?
5. Does the regional organization have a human rights due diligence policy that applies to its counter-terrorism activities (including in relations with third states) and does it use – and fully respect – it in practice?
   1. Does the regional organization include human rights (a) training and (b) monitoring and evaluation in its counter-terrorism activities, whether for member states or third states?
6. Has the regional organization taken adequate measures to prevent the conditions conducive to terrorism, including ‘prolonged unresolved conflicts, dehumanization of victims of terrorism in all its forms and manifestations, lack of the rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socio-economic marginalization and lack of good governance’?
7. How has the regional organization addressed gender equality and non-discrimination in its counter-terrorism norms and activities?
8. How has the regional organization assisted and protected victims of terrorism and has this been consistent with human rights and best practice on victims?
9. To what extent have member states of the regional organization implemented regional counter-terrorism standardsin national law?
   1. Is national implementation consistent with international human rights law?
   2. Does the regional organization actively monitor and assess national implementation of its counter-terrorism standards, including for consistency with human rights? Does the organization seek to remedy non-compliance?
10. Have any particular member states, or groups of member states, within a regional organization: (a) shown particular leadership on protecting human rights with the organization’s counter-terrorism work, or (b) sought to undermine protection of human rights within the organization in relation to counter-terrorism?
11. How have the national political and legal systems of the member states of the regional organization shaped its attitude towards protecting human rights in counter-terrorism?
12. Have military operations to counter-terrorism by regional organizations (such as NATO and the AU), and ad hoc regional arrangements (such as various missions in the Sahel) complied with human rights law and international humanitarian law?
    1. To what extent has human rights and humanitarian law been included in the training, orders, and rules of engagement of such missions?
    2. To what extent are the disciplinary and accountability processes and mechanisms of such missions consistent with international law?
13. How has the regional organization engaged with civil society (including international, regional, national or local civil society organizations) on counter-terrorism and P/CVE issues?
    1. Does the regional organization provide sufficient information to the public about its counter-terrorism activities?
    2. Does the regional organization provide opportunities for effective and regular consultation with civil society on counter-terrorism issues, including input into standard setting as well as operational activities? 
14. Does the regional organization have any oversight and accountability mechanisms (specific or general) in relation to its counter-terrorism norms, bodies and activities?
15. How has any regional human rights mechanism (such as a court, commission, agency, or commissioner) contributed to: (a) the protection of human rights in individual cases involving counter-terrorism; and (b) more general standard setting and development of jurisprudence on human rights in counter-terrorism?
    1. To what extent have the regional human rights mechanisms been: (a) more, or (b) less progressive than international human rights jurisprudence (e.g. United Nations human rights bodies, International Court of Justice).
16. How has the regional organization assisted and protected victims of counter-terrorism and has this been consistent with human rights law and best practice?
17. Have regional organizations respected human rights and humanitarian law when implementing United Nations Security Council counter-terrorism resolutions?
18. To what extent has the engagement of United Nations counter-terrorism bodies with regional organizations enhanced or undermined regional human rights protection?
19. To what extent have regional counter-terrorism standards or practices influenced (a) international standards or practices and (b) the standards or practices of other regional organizations; and what have been the impacts on human rights?
20. How have regional organizations contributed to (a) enhancing or (b) undermining the protection of human rights at the international level, for example in their advocacy or voting in the United Nations or other multilateral bodies?
21. Where a state is a member of multiple regional organizations engaged in counter-terrorism (e.g. overlapping memberships of the EU, CoE and OSCE; or of the Arab League, OIC and AU), have any inconsistencies arisen in relation to the counter-terrorism obligations owed to the different organizations, including in national implementation, and particularly in relation to adverse impacts on human rights?

How inputs will be used

Submissions will be made public on the website of the Special Rapporteur, unless confidentiality is requested/specified at the time of the submission.