Report on Interactive Dialogue with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

AT THE 46^TH SESSION OF THE HUMAN RIGHTS COUNCIL

4 March 2021

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Written by:  Hannah Mulhern and Clélia Jeandin

Summary

Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while counter-terrorism, Ms. Fionnuala Ní Aoláin (Photo/OHCHR)

On March 4, the Special Rapporteur on Countering Terrorism Fionnuala Ní Aoláin presented her report on the human rights impact of counterterrorism and countering (violent) extremism policies and practices on the rights of women, girls and the family. In her report, the SR underscored how national security policies too often include extreme policies (mass surveillance, arbitrary detention, intrusion of security forces in the family sphere, citizenship stripping, sanctions, stigma, discrimination) that have caused increasing concern for the security of women, girls, and the family in the past 20 years.

A number of questions arose from the participating states, which mainly regarded the possibility of including a gendered approach in the support provided to victims of terrorism; the repatriation of refugees and especially children currently detained in camps, and the challenge of gender equality in the counter-terrorism sphere. SR suggested that state structures acknowledge gender specific psycho-social and other rehabilitative needs. Support structures need to adopt a more comprehensive approach to reproductive rights and sexual health (e.g. legal provisions and social entitlements). Children are also particularly affected by terrorism. SR notably cited the living conditions in refugee camps that have been established in conflict-affected zones, especially Iraq and in the Syrian Arab Republic. The return of foreign fighters and their families from conflict zones would also enable the end of these camps. Lastly, national plans of action must be established in order to integrate women in counterterrorism and encourage gender mainstreaming. Some NGOs also took the opportunity to share their experiences and knowledge of the misuse of counter-terrorism laws in countries such as Turkey, The Philippines, Iraq , China and Burkina Faso.

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Opening Statements

Special Rapporteur, Fionnuala Ní hAoláin opened the discussion by noting that 2021 is a pivotal year for counter terrorism and human rights, as it marks 20  years since 9/11 and indeed the multiple anniversaries of many sanctions. She first thanked Switzerland and Canada for their cooperation on individual communication, the Russian federation and Kazakhstan’s for their returning and repatriation of women and children , and welcomed Finland’s decision to make their counterterrorism committee public, the very first State to do so .She also noted that she has, among other things, produced a tracker on the use of emergency powers by states during COVID 19.

In turning to her report, she remarked that security spaces remain overwhelmingly male dominated, with policies doing little to benefit women in complex situations. She underlines the importance of an integrated gender perspective, with equality as a priority. She is extremely troubled by the misuse of counter terrorism and extremism regulation against women human rights defenders, fuelled by broad , vague , imprecise and legally unsound definitions of terrorism at a national level. The report also addresses sanction regimes and the lack of robust oversight , as well as a lack of consistent and adequate humanitarian exemptions. The report also deals with the devastating effect of regulation on family life, especially practices such as nationality stripping and the extension of ‘security agendas’ into family courts . She notes that the family , and its construction, is continually weakened by the application of counterterrorism law . She is particularly concerned about the impacts on Muslim families, where the family itself is rendered a unit of suspicion by law enforcement.

She also notes that she is unrelentingly appalled at the treatment of children in camps such as Al-Hawl and Al- Roj. She applauds states such as Russia, US , Kosovo and Kazakhstan who have made efforts to repatriate their citizens .

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Interested delegations

Many states took the opportunity to submit their positions. Most countries such as Belgium (on behalf of Benelux States), Greece , Denmark ( on behalf of Nordic countries), France, Ireland, UK, Malta,  Mexico( on behalf of a group of Latin American countries), Libya, Cameroon, The US, Qatar, , Mauritania, Morocco , The Maldives. as well as UNICEF, UN Women, and the EU welcomed the thematic focus and the decision to include a gender perspective in this year’s report, recognizing the heavy burden carried by women and girls. Concern was raised at the difficulties faced by women in attempting to enter the counter terrorism sphere and in contributing to the negotiation, and drafting, of the laws in question. They also noted that the scale and reach of counterterrorism policies are expanding, with vague definitions, causing inevitable intergenerational impacts for families.  They also thanked the special rapporteur for her work on highlighting the limits to civic space and women’s groups, often occurring as a result of strict counter terrorism financing laws. Overall, the majority of states believed that counterterrorism needs no longer be considered gender neutral. Sudan, Tunisia, Nigeria, and Afghanistan also welcomed the report whilst speaking of their efforts within their national action plans to tackle terrorism within their own borders. Malta also noted their agreement with the special rapporteur, also adding that sexual minorities also feel adverse effects.

Fiji recognised that protecting peace and security is, inevitably, of high importance, but human rights must be protected also. They concurred that intersectional lens was needed . Azerbaijan also expressed gratitude to the Special Rapporteur for report whilst also strongly condemning terrorism and all its manifestations . They warned of the glorification of terrorists, and reiterated that terrorism constitutes a serious crime and must be dealt with as such. However, they also shared their position that this should be done whilst protecting human rights.

UAE was similar, as it condemned terrorism unequivocally but also recognised the need to safeguard women and children and call upon all states to pull efforts and cooperate. Egypt were also of a similar mind in stating that there should be zero tolerance to terrorism and that the root causes of terrorism and violent extremism must be identified and dealt with, and also recognized the need for a global effort in tackling it. Senegal, China, and Indonesia also made reference to global efforts whilst Armenia noted the need for a concerted effort internationally, regionally and also with academics and civil society.

China and India held strong opinions, stating that whilst counter terrorism efforts can effect human rights, terrorism, in itself, is a direct threat to human rights. China specifically made note of their opposition to all forms of terrorism, stating that any terrorist attempts will be dealt with seriously before the law. They made no mention of the report’s specific gender perspective. 

Bangladesh emphasised that religious and political leaders must take a role in counter terrorism efforts, whilst also noting that women can take an important role in stopping terrorism, by raising their awareness, to eventually notice warning signs of radicalisation in young people .

Russian Federation, Ms. Kristina Suckacheva

Both Venezala  and Iran used the opportunity to note the US’s history of funding terrorism in foreign countries. Russia and Kazachtan reiterated their work to support the reintegration and repatriation of women and children who are held in camps and thanked the Special Rapporteur for their inclusion and recognition in the report. Russia noted some disagreement with the reports focus on the construction of the family, noting that this should not fall within the mandate of the Special Rapporteur.

Iraq used the opportunity to respond to the report’s mention of their national practices, disagreeing with the special rapporteurs notes regarding the need to recognize forced marriage and disagreed with her stance on “unchilds”, concluding that these national practices, in reality, actually protect children .

Right to reply

China exercised their right to reply and responded to accusations pertaining to its establishment of abusive counter terrorism policies in Xinjiang. It deplored what it called ‘fake information’ as lies invented by governments and NGOs aimed at discrediting China’s reputation.

As too did Armenia, who claimed that the military forces deployed by Azerbaijan during the recent conflict in Nagorno-Karabakh included foreign fighters, and more specifically Jihadist mercenaries and Chechen terrorists. Azerbaijan then took the opportunity to deny these accusations and accused Armenia of grave environmental crimes and destruction of important elements of Azerbaijan’s cultural and religious heritage during Armenia’s occupation of its territories.

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The Contributions of Non-Governmental Organizations

Several Non-Governmental Organizations participated in the discussion and delivered statements, including Article 19 - International Centre Against Censorship, Ensemble contre la Peine de Mort, Coordination des Associations et des Particuliers pour la Liberté de Conscience, Society for Threatened Peoples,  Asia Pacific Forum on Women, Law and Development Amnesty international, pen international , World organisation against Torture & Lawyers Right’s Watch Canada .

They applauded the Special Rapporteur for her research on the profound implications on the family, as something previously under researched. There was agreement that restrictions on civil society do not make terrorism less prevalent and Turkey was used as an example, where a Human Rights Defender was sentenced for 6 years for spurious terrorism related charges .

Concern was expressed over the situation in Iraq, where there is risk of imminent death for many Iraqi fighters. They also warned of the use of anti-extremism laws against religious minorities, and particular attention was given to China where they warned of an existing conflation between terrorism and religious expression . The situation for Uighur Muslims was highlighted, who are interned in China for: wearing a veil, having too many children, or for being part of a densely religious household. Concern was also raised regarding the unjust detention of women, particularly where they are known to be connected to a suspect terrorist. The situation for women human rights defenders in the Philippines, for Turkey’s broad counter terrorism law and their detention of lawyers, and gender based violence in Burkina Faso where also discussed .

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Special Rapporteurs responses and concluding remarks

The Special Rapporteur welcomed the efforts of many countries which had made efforts to put victims at the forefront of their national plans in targeting terrorism . Also, in answering questions regarding how to place gender equality at the centre of a national approach to protect victims of terrorism, she led people back to her report which stated the need for  gender specific psychosocial support and rehabilitative support for girls and women . She also underlined the work of the International Parliamentary Union in UNODC, who, in conjunction with her mandate, are working to develop frameworks which could be used in developing national approaches. Again, she reiterated the importance of repatriation from camps and preparing the ground for return .

The special Rapporteur also welcomed what Indonesia said about community-based reintegration and also Kazakhstan’s practice when repatriating persons. She noted the importance of action plans and strategies and noted the importance of both women’s peace and security national plans, as well as Counter terrorism action plans. However, she underscored the value of closing the gap between these two plans. Regarding best practices, she noted the positive work of NATO and France in including women.

She also considered what Egypt had said regarding root causes, recognising the importance of establishing the structural issues that bring about these root causes of terrorism, namely poverty, educational attainment, and economic gaps. She believes that root cause analysis must include a gender equality analysis and also affirmed the importance of addressing the marginalization of Muslim communities. The Special Rapporteur concluded by borrowing the term from Greece delegation ‘counter terrorism is not a bypass on human rights, and, specifically, is not a bypass on the rights of women and girls .

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The Position of Geneva International Centre for Justice

We thanked the Special Rapporteur Fionnuala Ní hAoláin for her report which provided a much needed and timely commentary on the overall pitfalls in current Counter Terrorism and Preventing Violent Extremism laws and practices and indeed their impacts on women, girls and the family.

We noted that in Iraq, there currently exists a very broad and vague definition of terrorism, with many suspects often held in detention without judicial review for long periods of time and denied access to their families. During the reign of ISIL, many men and their sons were taken by the militias from their homes and forcibly disappeared, leaving many women and families not only in emotional distress, but also in extreme legal and financial uncertainty. There were impacts to social welfare benefits death certificates were made unattainable.

Iraq’s Anti-Terrorism Law ignores the principle of criminal responsibility, in which the offender themselves should be questioned about the crime they have potentially committed. However, on the contrary, many women have been detained in the efforts to obtain information about family members suspected of terrorism.

Geneva International Centre for Justice echoed that related laws would benefit from placing women’s human rights and gender equality at their centre. We urged all states that their national action plans should include the necessary involvement of Civil Society Organizations in the drafting of these, considering the significant and recognised role they play in preventing terrorism and violent extremism in various General Assembly resolutions.