Summary of Answers to Questions Posed by the Reference (i) How international human rights instruments and standards define ‘terrorism’, particularly with reference to other rights including the right to freedom of association and freedom of expression • There are no international human rights instruments and standards that define terrorism. • However, there is a general working definition contained in Article 2 of the UN Draft Terrorism Convention, which provides: Any person commits an offence within the meaning of this Convention if that person, by any means, unlawfully and intentionally causes: (a) (b) (c) death or serious bodily injury to any person; or serious damage to public or private property, including a place of public use, a state or government facility, a public transportation system, an infrastructure facility, or the environment; or damage to property, places, facilities or systems referred to in paragraph 1(b) of this article, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act. • This definition has been used in counter-terrorism laws in the region and may therefore be gaining acceptance as an appropriate definition. • The Advisory Council notes, however, that, in designing and implementing any counterterrorism measures, particular attention needs to be given to ensuring respect for the rights to freedom of opinion, freedom of expression and freedom of association. • States must avoid including, within any definition of ‘terrorism’ or associated definitions, (such as ‘terrorist’, ‘terrorist organisation’ and ‘terrorist act’), legitimate and peaceful political action and protest. 13

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