ODIHR presents new guidelines on protecting human rights while countering threats posed by “foreign terrorist fighters”

Human rights-compliant approaches to addressing threats and challenges posed by “foreign terrorist fighters” are the focus of a new publication presented by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) at an event on 12 September 2018, during the annual Human Dimension Implementation Meeting in Warsaw.

The new publication, Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters” within a Human Rights Framework, provides recommendations, supporting facts and analysis of international and national practice. It also highlights some of the key issues that states must grapple with as they seek to respond to the challenges posed by ‘foreign terrorist fighters’ and those associated with them while respecting and promoting human rights and the rule of law.

“The constantly evolving dynamics of ‘foreign terrorist fighters’ relocating and returning from conflict zones require states to continuously identify new strategies to overcome these challenges,” said Omer Fisher, Head of the ODIHR Human Rights Department. “What remains unchanged is the need for human rights and rule of law-based approaches to all aspects of ‘foreign terrorist fighter’ flows in countries of departure, transit and relocation. This is a prerequisite for the effectiveness of states’ responses to those challenges.”

Following the presentation of the publication, a panel discussion with experts from the Netherlands, Belgium, the United Kingdom and the United States highlighted human rights risks, as well as experiences and lessons learnt for human rights-compliant responses to this multi-dimensional issue.

“Although the United Nations Security Council called on states to meet the ‘foreign terrorist fighter’ challenge consistently with human rights and humanitarian law, evolving practice suggests otherwise,” said Helen Duffy, the lead consultant for the research and drafting of the publication. “Expansive and unclear definitions of crimes of ‘travel’ or ‘support’, administrative measures without due process of law, discriminatory treatment and stigmatizing effects on specific communities are among the many developments that raise concerns for their long term impact on human rights, the principle of legality, and the effectiveness of the measures themselves.”

The event gathered some 30 participants, including representatives of OSCE participating States and civil society. It marked the conclusion of the multi-year project for the development of the Guidelines, which involved a broad range of professionals with expertise on human rights and counter-terrorism issues.

“It is our hope that the publication and today’s event will facilitate further dialogue between state and non-governmental actors engaged in counter-terrorism efforts and serve as a useful basis for follow-up activities to promote comprehensive, coherent and human rights-compliant responses,” said Fisher.