1. Council: Commission on Human Rights Date: March 11th, 2005
CHR/Res/A/1
Topic: The Protection of Human Rights and Fundamental
Freedoms while Countering Terrorism
Sponsors: Canada, French Republic, Federal Republic of
Germany, Hellenic Republic, Kingdom of Spain,
Kingdom of Sweden, United Kingdom of Great Britain
and Northern Ireland, United Mexican States, United
States of America
Co-Sponsors: Argentine Republic, Federal Republic of Brazil,
Republic of Chile, Republic of Colombia, Republic of
Turkey
1 Recalling the principles of the Charter of the United Nations affirming faith in
2 fundamental human rights and the dignity and worth of the human person,
3
4 Taking into consideration the needs of United Nations member states to address
5 issues threatening their national security,
6
7 Recognizing that counter-terrorism is necessary to ensure international peace and
8 security,
9
10 Respecting the implementation of Security Council Resolutions 1373 and 1456
11 pertaining to measures of counter-terrorism,
12
13 Stressing the respect of human rights and fundamental freedoms enshrined in the
14 Universal Declaration and the International Covenants of human rights when
15 applying measures of counter-terrorism,
16
17 Endorsing the universal respect of international human rights law and international
18 humanitarian law,
19
20 Encouraging the role of international, regional, and national institutions working
21 towards the promotion of human rights as well as international and local NGOs, in
22 pursuing their role in addressing human rights violations,
23
24 Recognizing that coordination between countries is essential in order to address the
25 social and economic root causes of terrorism as a long-term proposal to counter
26 terrorism,
27
28 The Commission on Human Rights:
29
30 1. Reminds all states that it is necessary to carry out counter-terrorism measures at
31 all times;
32

2. 33 2. Recognizes the importance of valuing counter-terrorism as a tool to protect human
34 rights, specifically the right of life, liberty and security as stated in the Universal
35 Declaration of Human Rights and the International Covenant on Civil and
36 Political Rights;
37
38 3. Stresses the importance of implementing the International Covenant on Civil and
39 Political Rights, the Convention Against Torture and Inhuman and Degrading
40 Treatment, as well as other relevant international and regional conventions stating
41 the obligations of states to respect human rights standards while countering
42 terrorism;
43
44 4. Reaffirms that Article 4 of the International Covenant on Civil and Political
45 Rights proclaims certain fundamental human rights are non-derogable at all times,
46 and that these non-derogable rights are stated in articles 6, 7, 8 (paragraphs I and
47 2), 11, 15, 16 and 18 in the Covenant;
48
49 5. Draws attention to General Comment no. 29 of the Human Rights
50 Committee on states of emergency declaring that:
51 a. In order to declare a state of emergency , specific criteria need to
52 be met , namely that the situation amounts to where the life of the
53 nation is threatened, and that the state in question has to have
54 officially proclaimed a state of emergency;
55 b. A state of emergency must be temporary in nature;
56 c. The intended derogations from other articles in the International
57 Covenant on Civil and Political Rights must be identified by the
58 Human Rights Committee in order to ensure that these derogations
59 are justified so as to meet the extent of emergency situation faced
60 by the state;
61 d. To invoke article 4 does not imply the derogation from these
62 guarantees that are also ensured in other instruments of
63 international law nor justify state violations of its obligations under
64 other international law instruments;
65
66 6. Endorses the importance of the Universal Declaration of Human Rights, and the
67 International Covenant on Civil and Political Rights stressing the right to life,
68 liberty and security of person in addition that no one shall be subjected to torture
69 or cruel, inhuman or degrading treatment or punishment;
70
71 7. Condemns detention of individuals without sufficient reasons or profound
72 justification as the nation sees fit;
73
74 8. Urges countries to prevent detention of individuals based on prejudice or
75 discrimination of any kind, whether race, religion, ethnicity, gender, or social
76 circumstances;
77

3. 78 9. Affirms the rights of the detainees granted by the Universal Declaration on
79 Human Rights and the International Covenant on Civil and Political Rights, and
80 notes:
81 a. Article 14 (2) of the International Covenant on Civil and Political Rights
82 stating that anyone charged with a criminal offence shall have the right to
83 be presumed innocent until proven guilty according to national law;
84 b. States’ obligations to determine specific charges to arrest the detainee
85 with respect to the threat posed by the detainee, and that such charges
86 should conform to each nation’s criminal law;
87 c. States’ obligations to promptly inform the detainee of the charges against
88 him, as stated by the International Covenant on Civil and Political Rights;
89 d. States’ obligation to treat detainees according to the principles stated in
90 the:
91 i. Convention Against Torture and Inhuman and Degrading
92 Treatment or Punishment which provides a concrete definition of
93 torture and affirms that there is no justification for using torture
94 methods on detainees even in a state of emergency;
95 ii. Standard Minimum Rules for the Treatment of Prisoners voted
96 on by the General Assembly;
98 10. Calls upon states not party to the Convention Against Torture and other Cruel,
99 Inhumane and Degrading Treatment or Punishment to ratify this Convention, as
100 well as its Optional Protocol, which creates a system of regular visits undertaken
101 by independent international and national bodies to uphold the prevention of such
102 methods;
104 11. Reaffirms the role of the International Committee of the Red Cross as the
105 monitoring mechanism of the Geneva Conventions of 1949 and the Additional
106 Protocols of 1977 in ensuring the implementation of international humanitarian
107 law;
108
109 12. Stresses the importance of the Counter-Terrorism Committee in monitoring the
110 implementation of Security Council Resolution 1373 and state adoption of
111 counter-terrorism measures;
113 13. Praises the existing coordinative relationship between the Counter-Terrorism
114 Committee and the United Nations High Commissioner for Human Rights, and
115 calls for the consolidation of this relationship;
117 14. Welcomes previous efforts by the Commission on Human Rights with the
118 appointment of the independent resolution with resolution 2004/87 to research
119 human rights violations in efforts to combat terrorism to assist the High
120 Commissioner of Human Rights in this mission,

4. 122 15. Demands the establishment of a permanent working group of Human Rights
123 Violations in Counter-Terrorism (HRVCT) consisting of human rights experts
124 working under the umbrella of the Commission on Human Rights to:
125 a. research and study human rights violations in efforts to counter
126 terrorism based on available sources;
127 b. to benefit from the proficiency of the independent expert
128 appointed by Commission on Human Rights until the elapse of
129 his mandate;
131 16. Requests more frequent briefings by the United Nations High Commissioner for
132 Human Rights with regards to the issue of violations of human rights and
133 fundamental freedoms while countering terrorism;
135 17. Asserts that terrorism is the absolute violation of human rights, specifically the
136 right to life;
138 18. Calls upon countries and relevant international and regional organization as well
139 as NGOs to undergo development processes in efforts to fight the root causes of
140 terrorism.