While condemnation of terrorism is unequivocal, profound concern has been expressed at the
multiplication of policies, legislation and practices adopted by many countries in the name of the
fight against terrorism, which can negatively affect the enjoyment of all human rights – civil,
cultural, economic, political and social.
The continuing necessity for any additional laws should be subject to regular parliamentary
review, through the inclusion, for example, of “sunset” or review clauses in such legislation
as has been done in a number of Forum States. The Advisory Council is also concerned that
in some Forum States counter-terrorism measures have been introduced by executive decree.
We consider that executive decrees should be avoided except in cases where there is a state of
emergency that threatens the life of the nation. Even then any decrees made should be subject
to parliamentary scrutiny at the earliest possible opportunity.
The observations and recommendations relating to Forum States highlight a common theme
across the region of a widening gap between commitment to international human rights
standards and their implementation in national laws and administrative practices insofar as
they relate to counter-terrorism measures. The Advisory Council notes that this theme is
reflected in common concerns about a range of issues including standards relating to
detention, the role of lawyers, fair trial standards and the role of judicial review.
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