Call for candidates for the mandate of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

In June 2011 at the 17th sessionof the United Nations Human Rights Council, the President of the Council is toappoint an independent human rights expert to serve as the next SpecialRapporteur on the promotion and protection of human rights and fundamentalfreedoms while countering terrorism.

Thefollowing checklist is intended as an interpretive aid for the requirements setout in Human Rights Council resolution 5/1 and decision 6/102.

AmnestyInternational, the Associationfor the Prevention of Torture, Human Rights Watch, InternationalCommission of Jurists, and the World Organisation Against Torture call on Governments, NGOsand others, including relevant professional networks, to use this checklist toidentify eligible candidates for consideration for the upcoming vacancy for theSpecial Rapporteur on the promotion and protection of human rights andfundamental freedoms while countering terrorism.

Ourorganizations urge Governments to call publicly for candidates, e.g. throughmedia advertisement, and consult civil society nationally before nominatingcandidates.

NGOs andothers wishing to nominate candidates should, after checking with the person(s)concerned, send the names of eligible candidates to the Office of the HighCommissioner for Human Rights (OHCHR) byMonday 14 March 2011 for inclusion in thelist used as a basis for the appointment. Further information on vacancies for Special Procedures mandate-holders to befilled in June 2011 can be found hereor by going to the Special Procedures extranet via the Human Rights Councilextranet, linked from OHCHR website (www.ohchr.org).

While the organisations proposing these criteriaconsider commitment to universal human rights, relevant experience andcompetence, and personal integrity to be obligatory requirements for anyindividual to become an eligible candidate for this mandate, the organizations do not consider that amandate holder must meet each and every specification in the checklists below. However, thestrongest candidates should meet a substantial number of them. These checklistsare not intended to be exhaustive.

Prospective mandate holdersshould be aware that this is a voluntary, unpaid role. Reasonable expenses formandate related work will be paid, but no salary is available. It will requirea substantial time commitment from the individual, including readiness totravel and respond to urgent situations, as explained in the checklist.

Checklistfor selection of candidates for the mandate of UN Special Rapporteur on thepromotion and protection of human rights and fundamental freedoms whilecountering terrorism

Proposed candidates for themandate should be put forward on the basis of technical, professional and otherrequirements.

Human Rights Council (HRC)resolution 5/1 sets general criteria that are of ‘paramount importance whilenominating, selecting and appointing mandate-holders: (a) expertise; (b)experience in the field of the mandate; (c) independence; (d) impartiality;(e) personal integrity; and (f) objectivity.’

HRC decision 6/102 establishesfour technical and objective requirements (qualifications, relevant expertise,established competence and flexibility/readiness and availability of time) tobe considered in the selection of Special Procedures mandate-holders.

Appointment should always bebased on these criteria and objective requirements.

The following checklist isintended as an interpretive aid for those requirements:

1. Qualifications (andskills): relevant educational qualifications and equivalent professionalexperience in the field of human rights; good communication skills in two ofthe official working languages of the United Nations.

Checklist:

• Apost-graduate university degree or equivalent in law with a disciplinedirectly related to the mandate, preferably with a substantial focus oninternational human rights law, international humanitarian law andinternational refugee law;
• Academicpublications or other published material (articles, studies, reports,research papers or any similar written material demonstrating in-depthknowledge) addressing issues relevant to the mandate, from a human rightsperspective;

• Excellent oraland written communication skills in at least two of the UN workinglanguages (English, French and Spanish – knowledge of other widely-used orofficial UN languages, such as Arabic, Chinese or Russian, would also bean asset);
• Extensive experience in public speaking (for example in expertseminars) and also in communicating with governments, the media and otherrelevant stakeholders.

2. Relevant expertise: knowledge of international human rights instruments andstandards; knowledge of institutional mandates related to the United Nations orother international or regional organisations’ work in the area of humanrights; proven work experience in the field of human rights.

Checklist:

· Extensive knowledge of international human rights lawand standards, international humanitarian law, and international refugee law;

· At least ten years of progressively responsible workexperience in the field of human rights, including in conducting or monitoringhuman rights investigations, in particular involving: (1) measures taken in the name of counteringterrorism or national security; and (2) the treatment of victims of terrorism,victims of indiscriminate attacks by other armed groups, and victims of attacksthat target civilians;

· Excellent knowledge of the international and regionallegal frameworks and case law relevant to the promotion and protection of humanrights and fundamental freedoms while countering terrorism such as the absolute and non-derogableprohibition of torture and other cruel, inhuman or degrading treatment orpunishment; the right to life; the prohibition against enforced disappearances;the prohibition against extrajudicial, summary or arbitrary executions; theprohibition against arbitrary detention; safeguards and restrictions related toimposition of the death penalty; international standards on the use of force;fair trial rights; prosecution and sanctioning of perpetrators of seriouscrimes, including those related to national security; the right to remedies andreparations, including compensation and rehabilitation of victims; and the bringingto justice of perpetrators of human rights violations; as well as the right toprivacy and principle of non-discrimination;

· Excellent knowledgeof institutionalmandates of the United Nations or other international or regional organisationsin the area of human rights, international humanitarian law, and internationalrefugee law;

· Excellent knowledge of the safeguards and restrictionsrelated to the imposition of non-criminal/administrative measures taken in thename of countering terrorism or protecting national security;

· Good knowledge of international and regionalframeworks for the countering of terrorism and an understanding of keydocumentation such as the UN Global Counter-Terrorism Strategy.

3. Established competence: nationally, regionally or internationallyrecognised competence related to human rights.

Checklist:

• Excellentknowledge and expertise on human rights compliant criminal justice responsesto terrorism, the administration of justice, and the rule of law in thecontext of national security and serious crimes such as terrorist acts;
• Extensiveexperience in critically analysing information and data, in order to beable to review individual cases as well as identify trends and makeeffective recommendations and in assessing national security legislationfor compliance with international human rights standards;

• Knowledge ofhuman rights-based principles and methodologies for visiting places ofdetention and interviewing individuals, and preferably also experience ofvisiting and interviewing individuals in challenging circumstances invarious countries;
• The ability toconduct both academic and field research required in carrying outfact-finding missions;

• Experience ininteracting with the treatment of victims of terrorism, victimsof indiscriminate attacks by other armed groups, and victims of attacksthat target civilians;
• Experience ininteracting with individuals whose human rights and fundamental freedomsmay have been violated as a result of measures taken in the name ofcountering terrorism or protecting national security;
• Experience in engagingon the impact on human rights and issues of accountability withauthorities responsible for setting national security laws and policies;
• Experience inworking with authorities responsible for persons deprived of their liberty(including prison guards, police, medical personnel, and other officials),especially in the context of measures taken in the name of counteringterrorism or protecting national security;
• Experience in the development and delivery of human rights and ruleof law assistance, including the training of law enforcement and legalprofessionals working to counter terrorism and strategies to strengthen ruleof law institutions and their compliance with human rights law;

• Awareness ofthe particular vulnerabilities of specific groups, including ethnic andreligious minorities, non-nationals, members of political oppositiongroups, and others who have faced a heightened risk of human rightsviolations as a result ofmeasurestaken in the name ofcounteringterrorism or protecting national security;
• Ability to critically engage with UN stakeholders oncounter-terrorism, including in the context of the UN Global Strategy onCounter-Terrorism, the Counter-Terrorism Implementation Task Force and theUN Security Council Counter-Terrorism Committee and its ExecutiveDirectorate;

• Commitment toworking closely with a range of stakeholders, including NGOs.

Experience in handling cases relating to human rights violationscommitted in the name of countering terrorism or national security beforejudicial and quasi-judicial bodies would also be an asset.

4.Flexibility/readiness andavailability of time to perform effectively thefunctions of the mandate and to respond to its requirements, including conductingvisits, preparing reports and attending Human Rights Council sessions and General Assembly sessions.

Checklist:

• Willingnessand ability to conduct in-country investigations, in all regions of theworld, into government policies, legislation and practices in the contextof measures to counter terrorism that result in human rights violations,as well as practices that fail to respect the rights of victims ofterrorism, victims of indiscriminate attacks by other armed groups, andvictims of attacks that target civilians;
• A demonstratedcommitment to human rights law, standards and values, including anunderstanding of the potential long-term human rights implications of emergency andnational security laws and policies to counter terrorism;
• A commitmentto uphold the integrity, independence and impartiality of the SpecialRapporteur’s mandate;
• Willingnessand ability to devote a substantial proportion of working hours tofulfilling the mandate, which includes undertaking two to three countrymissions per year, preparing and presenting reports to the Human RightsCouncil and the General Assembly (including annual and country missionreports), and attending seminars and other UN meetings;
• Willingnessand ability to act urgently when cases or situations so require.

February 2011