In a statement to mark the International Day of Remembrance and Tribute to the Victims of Terrorism, the UN Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism, Fionnuala Ní Aoláin, urged Governments to adopt a human rights-based approach to victims of terrorism by positively and consistently affirming the human rights of all victims.
“The International Day of Remembrance and Tribute to the Victims of Terrorism must serve as a call to action and a reminder that commitments made to date must be implemented with immediate effect to ensure the realization of the rights of victims of terrorism.
All States must adopt a human rights-based approach to victims of terrorism by positively and consistently affirming the human rights of all victims. I call on member States to take effective steps to adequately address the findings and recommendations from civil society presented in the Civil Society Outcome document adopted during a Civil Society Workshop co-organised by my mandate and the Kingdom of Spain in May 2022. I support these findings and calls from civil society to “address long-term accountability and the immediate needs of survivors in participatory, inclusive and equitable processes”; and that “any individual subject to human rights abuse in the context of terrorism – whether stemming from terrorist acts or counter-terrorism efforts – should be granted the requisite access to effective remedy, redress and holistic, psychosocial and trauma-informed care”.
States should engage civil society and victims and survivors’ associations in responding to the challenges in implementation and transforming rhetoric to action.
Public words of comfort and acknowledgment are welcome but they are not enough. Victims understand that words alone do not bring them the rights and entitlements they need in the aftermath of atrocity and violence. States must move beyond mere expressions of solidary and comfort to victims, and view victims as autonomous rights-bearers with equal rights to justice, reparation and medical care – including mental health entitlements and other essential rights to live their lives fully in the aftermath of acts of terrorism.
The upcoming Global Congress on the Victims of Terrorism, scheduled to be held in New York from 8 to 9 September 2022, presents an unparalleled opportunity for States to move from words to action, and to make binding commitments to introduce human rights-based legislation in their national legal systems that protect the rights of victims of terrorism without discrimination.
The challenges faced by child victims of terrorism are unacceptable, whether they be the victims of direct attack, recruitment, trafficking, grooming, or simply born in geographies in which designated terrorist groups operate or in families alleged to be associated with designated groups.
States must close the gaps between their commitments on the Children and Armed Conflict Agenda (CAAC) and their obligation to protect all children who have been victims of designated terrorist groups and other serious violations of international law.
It is intolerable that children – who are the most vulnerable victims of terrorism, with no choices in their places of birth or parentage – are treated as ‘non-children’ and not recognised or treated as victims of terrorism and of grave violations of international humanitarian and human rights law.
The treatment of children in North-East Syria by their countries of nationality is an extreme example of the fundamental failure to protect child victims of terrorism.
States should immediately cease all forms of discriminatory and selective approaches to protecting the rights of victims of terrorism as they are inconsistent with States’ obligations under international law. All victims of terrorism deserve the right to be treated fairly, without discrimination of any kind, and with dignity.”
Ms. Fionnuala Ní Aoláin was appointed as Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism by the United Nations Human Rights Council. She took up her functions on 1 August 2017. Ms. Ní Aoláin is concurrently Regents Professor and Robina Professor of Law, Public Policy and Society at the University of Minnesota Law School and Professor of Law at the Queens University, Belfast, Northern Ireland. Her mandate covers all countries and has most recently been renewed by Human Rights Council resolution 49/10.
The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
Source: UN Human Rights Council