The 52nd Session of the Human Rights Council
28 February– 4 April
Item 3 – Interactive Dialogue with the Special Rapporteur on Counter-terrorism
14th March 2023
By Danya Al-Thani / GICJ
Executive summary
On the 14th of March 2023, the Special Rapporteur on Counterterrorism, Fionnuala Ní Aoláin, presented a report that primarily discussed the human rights implications of new technologies developed and utilised against terrorism and extremism. She also wished to provide technical assistance in the development of legislation to promote human rights alongside the usage of new technologies in counter-terrorism.
She maintained that new technologies had played a key role in enhancing security. However, the development of new technologies, such as unmanned vehicles and biometric technologies, have undermined human rights and also weakened collective security. While adopting the new technologies, many countries have failed to establish related legislation associated with advocating human rights. For example, technology has been used to promote xenophobic behaviours on social media and propounded extremist ideology.
The report holds that policymakers have failed to establish effective regulations on counter-terrorism practices. As a result, various trends in counterterrorist policies have jeopardised the rule of law and the processes of protecting human rights. This includes the use of high-risk technologies, a lack of adequate human rights analysis as well as the use of new innovations in diverse security contexts.
She argues that authorities have increased their use of artificial intelligence to control citizens through coercion. Similarly, surveillance by cyber technologies has been linked to the violation of human rights. There have been concerns over the use of biometric data in the occupied Palestinian territories and Somalia as well as the use of drones to conduct constant surveillance.
The adoption of laws to protect individual and community rights in relation to technology and unmanned vehicles are recommended. She also recommends the implementation of oversight initiatives.
In her report, she also summarised the work she has undertaken as a Special Rapporteur. She has been focused on promoting community engagement, especially in counter-terrorism initiatives, civil society practices as well as human rights. She has also provided technical assistance in the development of legislation in countries including New Zealand, China, the Netherlands, Thailand and Turkey. In February 2023, she visited Guantanamo Bay concerning secret detention in the context of countering terrorism by the government of the United States of America. Further visits are scheduled to take place in spring 2023.
Geneva International Centre for Justice (GICJ) calls for a cease-and-desist policy on the transfer of autonomous weapons systems to states with a history of human rights violations. We also urge a moratorium on the transfer of surveillance technology and the establishment of a global regulatory framework for their use.
GICJ stresses the need for international cooperation to tackle the human rights challenges arising from new technologies in the context of counter-terrorism and countering extremism. Additionally, GICJ urges the international community to prioritise fighting against terrorist acts that impede the realisation of human rights, which threaten global stability and undermine human rights. States must ensure that those detained under counterterrorism measures are treated fairly and that fundamental rights are protected at all times.
Background
As technology has invented new ways to interact with the world, such as the development of the internet, autonomous vehicles and surveillance, these advances have been utilised to counterterrorism and extremism by authorities around the globe. However, legislation to protect individual and group human rights against technology used in this way has not been adopted at the same pace, leading to human rights abuses and the misuse of technology by authorities.
The mandate of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism , Fionnuala Ní Aoláin, was established to address the misuse of legislation and policies to combat terrorism. In April 2005, the Commission on Human Rights, in resolution 2005/80, created the mandate to promote and ensure the protection of human rights and fundamental freedoms by recommending rights-compliant counterterrorism legislation and policies; offer support, technical assistance, and expertise to States, UN entities, civil society and other relevant stakeholders; and be responsive to the shifting landscape of counter-terrorism and anticipating long-term needs and strategies. The Human Rights Council has extended the mandate multiple times, most recently on 12 April 2022 through resolution 49/10.
Report of the Special Rapporteur
In the report, Fionnuala Ní Aoláin focused on exploring the agenda of promoting and protecting human, economic, and social rights as well as development rights. In the report, she aimed to address the challenges that different individuals face as they deal with new innovations while countering terrorism and extremism. According to her, the need for security and counterterrorism measures have been put in place, and this has been used as a justification for the development of complex technological advancements. This report is based on the idea that the justifications and the rationales for the adoption of high-risk innovations are quite limited and, therefore, the use of sophisticated technologies is a reflection of human rights violations.
The report highlighted various activities that the Special Rapporteur has conducted as she focused on understanding the effects of counterterrorism measures in the maintenance and sustainability of peace as well as the prevention of crises. In addition, Aoláin explored the major steps that have been made in increasing engagement between different parties from the member states of the United Nations. In her research, she aimed to understand the global practices that have been implemented in different countries, for example, one of the areas she explored is the United Nations mission in Mali.
Ms Aoláin has also revealed that she is focused on promoting community engagement, especially in counter-terrorism initiatives, civil society practices as well as human rights. Moreover, the Special Rapporteur shows her desire to prioritise the provision of technical assistance in the development of legislation in various countries. These member states include Sri Lanka, New Zealand, China, Nicaragua, the Netherlands, Thailand, Turkey, and Venezuela. Aoláin has also contributed to evaluating the effects of various sanctions that have been implemented by different states in international law, as well as human rights.
As a member of the United Nations Global Counter-Terrorism Coordination Compact task force, Aoláin focused on supporting the agenda of the United Nations in inducing positive cooperation of different countries in the implementation of counterterrorism measures. Moreover, she has provided many positions about the current missions of the European Union, Caribbean States African Union, as well as the Organisation of Islamic Cooperation.
There is no doubt that new technologies have had enormous benefits in relation to the restoration of human dignity, improving the living standards of communities, promoting healthcare, enhancing communication, and also fostering sustainable development. However, various negative outcomes have been recorded in the use of new innovations. For instance, technology has been used to advance xenophobic behaviours through social media. According to the Special Rapporteur, digital technologies have been adopted by extremists in the advancement of their agenda.
She has also maintained that new technologies have played a key role in enhancing security. However, she has also noted that the development of unmanned vehicles and many other innovation-based surveillance tools has created a profound risk for communities across the globe. Besides, biometric technologies have undermined human rights and also weakened collective security. Although many countries across the globe have adopted the new technologies, they have failed to establish legislations that guide various processes that are associated with the advocacy of human rights as well as the protection of vulnerable members of society such as women and children.
In her account, the Special Rapporteur Stated that policymakers have failed to establish effective responses to counter-terrorism practices. In actuality, the use of selective data has not been managed effectively, contributing to some cases of violence. Furthermore, Aoláin stated that various trends have jeopardised the rule of law and the processes of protecting human rights. This included the decision of leveraging terrorism by justifying the use of high-risk technologies, lack of adequate human rights analysis as well as predictable use of new innovations in diverse security contexts.
The increased use of artificial intelligence has also been criticised on different platforms. According to Aoláin, authorities use artificial intelligence to increase their control over their citizens due to its coercive capacity. Moreover, continuous surveillance by cyber technologies has been classified as one of the behaviours associated with the violation of human rights.
The Special Rapporteur recommended that various laws should be established to protect individual and community rights. In addition, various measures should be established to control the use of unmanned vehicles. Lastly, oversight initiatives should be made to address the issue of increased use of technology. Although biometrics have been used in the identification of individuals and in limiting the access of unauthorised individuals in two different systems, security tools have also been implicated in the violation of human rights as well as the performance of atrocities by oppressive governments. To prove this, various concerns have been raised in the use of biometric data in the occupied Palestinian territory as well as in Somalia. Drones, on the other hand, have also been adopted by different individuals in conducting constant surveillance without the knowledge and permission of the public. This can be deemed a violation of the right to privacy.
Interactive Dialogue
At the 25th meeting on the 52nd Regular Session of the Human Rights Council, an interactive
dialogue was held regarding the impact of the development, use and transfer of new technologies in the context of countering terrorism and preventing and countering violent extremism.
The Special Rapporteur, Fionnuala Ní Aoláin, opened the meeting by informing the council on the positive impacts of her mandate’s work, including country visits to the Maldives and Bosnia, and training visits to Minusma, the UN peacekeeping organisation in Mali, which will be reported at the 54th Human Rights Council. In March 2022, the government of the United States issued a preliminary invitation to discuss a potential technical visit focused on the detention facility in Guantanamo Bay, Cuba, and the resettlement and repatriation of former detainees. She visited in February 2023 and will produce a report on the visit in due course.
In her latest report, the Special Rapporteur discussed three trends related to the use of high-risk technologies. The first trend is the utilisation of terrorism or counter-terrorism as the policy justification to adopt such technologies. This is often supported by the application of national security or counter-terrorism exemptions in legislation that regulates emerging technologies. The second trend is the lack of consistent analysis and practice of human rights standards in the development, use, and transfer of new technologies, with only superficial references to human rights. The third trend is the move from exceptional adoption in narrow security settings to the normalisation of these technologies in everyday life, negatively impacting human rights. She argued that regulations are necessary to reverse these trends and offered concrete advice to states. The regulation of high-risk technologies is inadequate and insufficient attention is paid to human rights and international law standards. The use of these technologies in the context of counter-terrorism is often justified by appeals to security, but this approach can undermine collective security and compromise the protection of rights. It is observed that these technologies enter the market through a counter-terrorism “backdoor”.
After the presentation of the Special Rapporteur’s report, the President opened the floor to the States concerned.
During the discussion, the delegate of the Maldives expressed their appreciation to the Special
Rapporteur on counter-terrorism and human rights for her comprehensive report on her visit to the country. The Maldives government is carefully examining the recommendations and providing clarifications where necessary. They have made efforts to re-engage with international human rights mechanisms and fulfil their obligations. Furthermore, the Maldives condemned all acts of terrorism and has taken steps to address the issue of extremism, including conducting various PCV programmes and working with international and regional partners. The government also agreed with the Special Rapporteur’s views that civil society actors and human rights defenders need to be protected. They have enacted a new association act to strengthen the governance of civil society and NGOs and have further strengthened the criminal justice system. The government is committed to ratifying the International Covenant Convention for the Protection of All Persons from Enforced Disappearances. The National Rehabilitation Centre will function as an administrative centre to rehabilitate and reintegrate victims of violent extremism and terrorism. The government of the Maldives is facing challenges, such as a lack of financial resources and technical expertise, and looks forward to engaging with international and regional partners to build the capacity to address the issues identified in the report. The delegate reaffirmed that the government remains committed to countering violent extremism and terrorism and upholding its obligations under international human rights law.
The representative of Finland on expressed gratitude towards the Special Rapporteur’s important report on the respect for human rights and the rule of law in countering terrorism. She emphasised the need for any measures taken to counter-terrorism to comply with international law, including human rights, refugee, and humanitarian law, without unduly restricting civic space. Furthermore, she emphasised the importance of a human rights approach for effective counter-terrorism. The representative acknowledged the potential of new technologies in promoting human rights but shared the Special Rapporteur’s concern regarding their misuse and negative impacts on human rights. It is vital to address and mitigate the risks associated with these technologies to ensure the enjoyment of human rights.
The delegate of the European Union shared the Special Rapporteur’s concern regarding discriminatory practices and technology’s broader impact on human rights. National security policies must adhere to international law and human rights and should not be used to stifle peaceful protests, including the use of surveillance technologies to spy on individuals with no links to terrorism, such as human rights defenders.
The representative of Oman on behalf of the GCC acknowledged the reports presented by
the Special Rapporteur on the challenges and consequences of new technology in counter-terrorism and countering violent extremism. The GCC reiterated its strong stance against all forms of terrorism and extremism, regardless of their source or justification, and fully supports international efforts to combat terrorism and cut off its funding sources. The statements emphasised the destructive impact of terrorism on nations and its ability to undermine progress, particularly in the economic and developmental spheres, as well as its detrimental effects on human rights. They called on all states to work together to counter the threat of terrorism and protect human rights by adopting necessary policies and measures in accordance with relevant international obligations and the rule of law. Furthermore, the GCC sees the fight against terrorism as the core of their joint work and security cooperation.
The delegate of Switzerland called for a balanced approach to the use of new technologies, highlighting the benefits they offer in preventing and combating terrorism. The use of new technologies can reveal terrorist groups, prevent terrorist attacks, and bring responsible parties to justice. However, anti-terrorism measures that limit access to the internet or information must align with international law and the fundamental principles of equality, necessity, proportionality, and non-discrimination. The delegates recalled the recommendations on preventing and combating extremism and terrorism online that was drafted by Switzerland and the United Kingdom as part of the World Forum to combat terrorism in 2017, which remains a usable and valuable foundation for upcoming practical discussions.
The representative of China strongly opposed and rejected the elements in the Special
Rapporteur's report, which they believe smear and vilify China's counter-terrorism efforts. China asserts that violent terrorism, separatism, and religious extremism have caused serious harm to the Chinese people and their basic human rights. In Xinjiang, counter-terrorism and radicalisation efforts were carried out legally to suppress extremism and terrorism, leading to greater social stability and protection of lives and property of all ethnic groups. China criticised the Special Rapporteur for ignoring authoritative information from the Chinese government and being selective in her mandate to smear and discredit China. The representative called for the Special Rapporteur to work impartially and objectively and respect basic facts; otherwise, the credibility of the council will be damaged. Furthermore, he highlighted that the US and its allies launched overseas military operations in the name of counter-terrorism, causing serious humanitarian crises and violating basic human rights. China hopes that the special mechanism will protect the human rights of these people.
The representative of Ukraine thanked the Special Rapporteur for the presentation of her reports. The delegate expressed their concern about Russia’s continuous attacks across Ukraine. These attacks involved missiles, drones, mortars, and artillery, resulting in death, destruction of critical infrastructure, energy facilities and acts of terror. Moreover, Russia employed acts of terrorism to intimidate and force the Ukrainian population into submission to achieve its genocidal aims. The statement further asserts that Russia is guilty of daily violations of international humanitarian law and human rights law in Ukraine, committing war crimes and crimes against humanity. She claimed that Russia is a state that sponsors terrorism and uses terrorist means and should be acknowledged as such worldwide. She called on the Special Rapporteur to contribute her efforts to bring Russia to account for its acts of terrorism and crime of aggression against Ukraine.
NGOs and Civil Society Organisations
Numerous NGOs shared similar concerns regarding the use of counter-terrorism measures by governments worldwide that infringe on fundamental human rights. They pointed out the misuse of technology by governments to suppress freedom of speech and expression. They emphasised the need for comprehensive data protection legislation that safeguards privacy and prevents governments from limiting freedom of expression in the name of countering terrorism.
NGOs highlighted the use of abusive counter-terrorism laws to imprison journalists, writers, lawyers, and peaceful pro-democracy campaigners. They particularly focused on cases in Hong Kong and Belarus, where governments have used criminal laws to target and punish individuals who express dissenting views. They urged the council to hold accountable those responsible for such violations and to condemn such measures that curb freedom of speech and expression.
In addition, NGOs lamented how overly broad and vague the definition of terrorism is and how the legislative framework enables the authorities to punish and silence the legitimate exercise of human rights, such as the right to freedom of expression.
In summary, all the representatives have called attention to the misuse of counter-terrorism measures to curb fundamental human rights, such as freedom of speech, expression, and privacy. They urged the council to hold accountable those responsible for such violations and to condemn measures that curb freedom of speech and expression. They also emphasised the need for comprehensive data protection legislation that safeguards privacy and prevents governments from limiting freedom of expression in the name of countering terrorism.
Concluding Remarks
Fionnuala Ní Aoláin concluded by expressing gratitude to the Maldives for their cooperation during her visit to the country, and their response to recommendations made by the mandate. She stated that she is looking forward to maintaining a positive dialogue. She then addressed the issue of terrorism and acknowledged the serious impact it has on society. She emphasised the importance of addressing the underlying conditions that lead to terrorism, such as good governance and transparency, in addition to addressing its effects.
Further, the Special Rapporteur thanked Pakistan for highlighting the need to regulate biometric technology and recommended a moratorium on the use of remote biometric recognition technologies in public spaces until authorities can demonstrate compliance with privacy and human rights standards. Furthermore, she also thanked the United States for their cooperation and emphasised the importance of allowing access to places of detention by special procedure mechanisms. She responded to accusations of partiality by stating that she criticised all parties equally and worked cooperatively to make improvements. She acknowledged various other issues raised by different countries, such as the financing of terrorism, the regulation of private enterprises engaged in systematic violations, and the need for global regulation. She also acknowledged the challenges posed by non-state actors and the deprivation of citizenship in the context of counter-terrorism.
Overall, the Special Rapporteur emphasised the need for a concerted and sustained effort to address the challenges of terrorism while upholding human rights compliance strategies.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) calls for a global prohibition on lethal autonomous weapons systems and cease-and-desist policy on the transfer of such technologies to states with a history of human rights violations. Furthermore, we urge a moratorium on the transfer of surveillance technology and a global regulatory framework on the use of surveillance technologies. GICJ emphasises the need for international cooperation to address the human rights challenges posed by new technologies in the context of counter-terrorism and countering extremism.
Moreover, we urge the international community to prioritise the fight against terrorist acts that impede the realisation of human rights. All forms of terrorism pose a serious threat to peace and security, as they undermine global stability and directly assault the freedom and enjoyment of human rights. When implementing policies to counter such threats, states must uphold human dignity and ensure that those detained under counter-terrorism measures are treated fairly. GICJ emphasises that it is imperative that states guarantee the protection of fundamental rights at all times, without exception.
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