AG/RES. 1931 (XXXIII-O/03)

PROTECTING HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS WHILE COUNTERING TERRORISM 

(Resolution adopted at the fourth plenary session, held on June 10, 2003) 

            THE GENERAL ASSEMBLY, 

            REAFFIRMING the principles and purposes of the Charter of the Organization of American States and the Charter of the United Nations; 

            NOTING that everyone is entitled to the rights and freedoms set forth in the Universal Declaration of Human Rights, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, and that this applies in all circumstances in accordance with international law; 

            REITERATING that all persons are equal before the law and have the rights and duties established in the American Declaration of the Rights and Duties of Man, without distinction as to race, sex, language, creed, or any other factor; 

            CONSIDERING that terrorism is a serious criminal phenomenon of deep concern to all member states, which jeopardizes democracy; prevents the enjoyment of human rights and fundamental freedoms; threatens the security of states and individuals, destabilizing and undermining the foundations of all society; and adversely affects the economic and social development of the states in the region; 

            TAKING INTO ACCOUNT resolution AG/RES. 1840 (XXXII-O/02), in which it adopted the Inter-American Convention against Terrorism, as well as its resolution AG/RES. 1906 (XXXII-O/02), “Human Rights and Terrorism”; and 

            TAKING INTO ACCOUNT ALSO the Report on Terrorism and Human Rights prepared by the Inter-American Commission on Human Rights (OEA/Ser.L/V/II.116 – doc.5 rev. 1); the comments and observations made thereon by member states (CP/CAJP-2037/03); and the annual report of the Inter-American Commission on Human Rights (CP/doc.3709/03 add. 1 and 2), 

RESOLVES: 

            1.         To reaffirm that the fight against terrorism must be pursued with full respect for the law, human rights, and democratic institutions, so as to preserve the rule of law and democratic freedoms and values in the Hemisphere. 

            2.         To reaffirm that all member states have the duty to ensure that all measures adopted to combat terrorism are taken in keeping with their obligations under international law, in particular international human rights law, international law on refugees, and international humanitarian law. 

            3.         To urge member states to consider, as appropriate, signing and ratifying, or acceding to, the Inter-American Convention against Terrorism and to take such steps as are pertinent with a view to implementation of the provisions of that treaty. 

            4.         To welcome with satisfaction the Report on Terrorism and Human Rights of the Inter-American Commission on Human Rights and to request the Commission to continue to promote respect for and the defense of human rights in this area and to facilitate member states’ efforts to properly fulfill their international human rights commitments when developing and executing antiterrorism measures, focusing, in particular, on the rights of the members of those groups that might find themselves vulnerable, disadvantaged, or threatened with discrimination as a result of terrorist violence or antiterrorist initiatives, and to report to the Permanent Council on the advisability of conducting a follow-up study. 

            5.         To instruct the Permanent Council: 

a.         To convene a meeting to continue studying the Commission’s Report on Terrorism and Human Rights, with the participation of specialized agencies of the inter-American system, and other international and civil society organizations; and 

b.         To convene a meeting of government experts to exchange, from a human rights perspective, best practices and national experiences in adopting antiterrorism measures in keeping with the international commitments of their states, and to transmit to the Inter-American Committee against Terrorism a report on that meeting. 

            6.         To encourage dialogue and collaboration among the Inter-American Committee against Terrorism, the Inter-American Commission on Human Rights, and other pertinent areas of the Organization on the topic of protecting human rights and fundamental freedoms while countering terrorism. 

            7.         To request the Permanent Council to present to the General Assembly at its thirty-fourth regular session a report on implementation of this resolution, which is to be effected within the resources allocated in the program-budget of the Organization and other resources.