United Nations

A/HRC/RES/40/16

General Assembly

Distr.: General

8 April 2019

Original: English

Human Rights Council

Fortieth session

25 February–22 March 2019

Agenda item 3

Resolution adopted by the Human Rights Council on22 March 2019

40/16.Mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and other relevant international human rights instruments,

Bearing in mind General Assembly resolutions 60/251 of 15 March 2006, 62/219 of 22 December 2007 and 65/281 of 17 June 2011,

Recalling Human Rights Council resolutions 5/1, on institution-building of the Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or her duties in accordance with those resolutions and the annexes thereto,

Expressing deep concern at the perpetration of violations of human rights and fundamental freedoms in the context of the fight against terrorism and at the effects of terrorism on the enjoyment of human rights and fundamental freedoms, notably in respect of victims,

Recalling Commission on Human Rights resolutions 2004/87 of 21 April 2004 and 2005/80 of 21 April 2005, General Assembly resolutions 59/191 of 20 December 2004, 60/158 of 16 December 2005 and 61/171 of 19 December 2006, and Human Rights Council resolutions 6/28 of 14 December 2007, 15/15 of 24 September 2010, 22/8 of 21 March 2013 and 31/3 of 20 April 2016, entitled “Protection of human rights and fundamental freedoms while countering terrorism: mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism”,

1.Decides to extend the mandate of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism for a period of three years, with the same terms as provided for by the Human Rights Council in its resolution 31/3;

2.Recognizes the work of the Special Rapporteur in addressing the human rights and fundamental freedoms of victims of terrorism, and encourages the Special Rapporteur to continue to address this issue, in consultation with Governments, the individuals concerned, their families, their representatives and civil society organizations;

3.Requests all Governments to cooperate fully with the Special Rapporteur in the performance of the tasks and duties mandated, including by responding promptly to the Special Rapporteur’s urgent appeals and providing the information requested;

4.Calls upon all Governments to give serious consideration to responding favourably to the requests of the Special Rapporteur to visit their countries;

5.Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide all the necessary human, technical and financial assistance to the Special Rapporteur for the effective fulfilment of the mandate;

6.Decides to continue consideration of this question in conformity with its annual programme of work.

53rd meeting 22 March 2019

[Adopted without a vote.]