Summary

In the present report, the Special Rapporteur presents the core analysis and findings of the mandate’s Global Study on the impact of counter-terrorism measures on civil society and civic space. The Study and its data were published in June 2023, following a global consultative process. Data was collected and collated through a participatory, civil society-engaged-and-led process. This comprised 13 civil society consultations across regions, 110 written inputs, of which 78 from civil society, and 2 civil society surveys.

The Global Study documents unrelenting restrictions on civic space across every region and finds a direct link to the regulatory and institutional practices of counter-terrorism and P/CVE. This Report makes five key findings regarding the conditions, features, and consequences of such systemic misuse.  First, it finds that civil society experiences complex and compounding misuse of counter-terrorism and P/CVE measures and practices, with connections to an ever-growing national, regional and global counter-terrorism, P/CVE and security architecture. Second, the multiplicity of measures described are consistent and constant. Moreover, certain regionally concentrated features of counter-terrorism and P/CVE stem from regional partnerships, donor relations, and multilateral technical assistance and capacity-building programs.  Third, when States deploy counter-terrorism or P/CVE measures they enter a realm of exceptionality where human rights deficits pervade and the normal rules of due process and procedural protections generally do not apply, creating sustained vulnerabilities to further and layered human rights violations. The Study finds that misuse is often discriminatory, directed against religious, ethnic and cultural minorities, women, girls and LGBT and gender-diverse persons, indigenous communities, and other historically discriminated against groups in society. Finally, the Study finds limited monitoring and evaluation and/or independent oversight of countering terrorism or P/CVE laws and programming. Overall, accountability for violations of counter-terrorism related human rights abuses is either absent or deficient.

The Special Rapporteur further shares findings from her technical visit to the United States and the detention facility at the U.S. Naval Station, Guantanamo Bay, Cuba, marking the first official UN expert visit to the site. The visit took place over a three-month period as it comprised three parts: (i) the rights of victims of the 11 September 2001 terrorist attacks; (ii) the rights of detainees at the Guantánamo Bay detention facility; and (iii) the rights of former detainees. The Special Rapporteur met with victims, survivors, and families of the 11 September 2001 terrorist attacks. She welcomed the open and constructive engagement of the US Government to facilitate the technical visit affirming the fundamental importance of access to all places of detention without exception.

Finally, the Special Rapporteur augments her findings from the technical visit to the Northeast of the Syrian Arab Republic and addresses several legal issues, including the question of responsibility under international law, in relation to the situation of mass and arbitrary detention of an estimated 70,000 persons in various detention facilities in the Northeast of Syria. The gross and systematic human rights violations, potentially implicating core crimes experienced by children are particularly highlighted.