United Nations A/64/211

General Assembly Distr.: General

3 August 2009

Original: English

Sixty-fourth session
Item 71 (c) of the provisional agenda*
Promotion and protection of human rights: human
rights situations and reports of special rapporteurs
and representatives

Protection of human rights and fundamental freedoms while

countering terrorism
Note by the Secretary-General

The Secretary-General has the honour to transmit to the members of the

General Assembly the report of the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism,
Martin Scheinin, submitted in accordance with General Assembly resolution 62/159
and Human Rights Council resolution 6/28.

* A/64/150.

09-43755 (E) 040909

*0943755*
A/64/211

Report of the Special Rapporteur on the promotion and

protection of human rights and fundamental freedoms while
countering terrorism

Summary
Following the introduction, section II of the report provides a summary of the
activities of the Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism from 1 January to 31 July
2009, including an official visit of the Special Rapporteur to Egypt in April 2009.
Consistent with the mandate of the Special Rapporteur as defined by the Human
Rights Council, section III offers an analysis of counter-terrorism measures from a
gender perspective. This report expands upon earlier reports of the Special
Rapporteur to provide a comprehensive overview of the frequency and nature of
gender-based human rights abuses in counter-terrorism measures and to explore the
complex relationship between gender equality and countering terrorism. While many
of the measures discussed in the report relate to the human rights of women, gender
is not synonymous with women, and, instead, encompasses the social constructions
that underlie how women’s and men’s roles, functions and responsibilities, including
in relation to sexual orientation and gender identity, are understood. The report
therefore discusses, besides the human rights of women, the gendered impact of
counter-terrorism measures on men and persons of diverse sexual orientations and
gender identities, and addresses how gender intersects with other prohibited grounds
of discrimination, such as race and religion.
The report identifies the ways in which those subject to gender-based abuse are
often caught between targeting by terrorist groups and the State’s counter-terrorism
measures that may fail to prevent, investigate, prosecute or punish these acts and
perpetrate new human rights violations with impunity. These violations are amplified
through war rhetoric and increased militarization in countering terrorism, both of
which marginalize those who challenge or fall outside the boundaries of
predetermined gender roles and involve situations of armed conflict and
humanitarian crisis in which gender-based violence and gendered economic, social
and cultural rights violations abound.
The report also addresses the ways in which overly broad counter-terrorism
measures have unduly penalized individuals on the basis of gender, including, for
example, the activities of women’s human rights defenders. Counter-terrorism
measures have also had other significant gendered collateral effects that are often
neither acknowledged nor compensated. This includes, for example, significant
adverse impacts on female family members of those subject to disappearances and
extraordinary rendition, and the use of collective sanctions against female relatives
of suspected terrorists by which women not suspected of terrorism-related offences
are unlawfully detained and ill-treated to either gain information about male family
members or to compel male terrorism suspects to provide information or confessions.

2 09-43755
 A/64/211

The report further discusses the relationship between promoting gender

equality and countering terrorism, noting that while Governments are required to
ensure the right to gender equality and non-discrimination as ends in themselves, a
gender perspective is also integral to combating the conditions conducive to the
spread of terrorism as identified in the United Nations Global Counter-Terrorism
Strategy adopted by the General Assembly in its resolution 60/288. The report then
draws attention to the fact that contrary to these international human rights
obligations to ensure equality, some Governments have used the human rights of
women and lesbian, gay, bisexual, transgender and intersex individuals as a bartering
tool to appease terrorist or extremist groups in ways that have furthered unequal
gender relations and subjected such persons to increased violence.
Building on previous observations of the Special Rapporteur concerning the use
of profiling in counter-terrorism measures, the report also identifies the ways in
which counter-terrorism measures use gender stereotypes as a proxy for profiling on
the basis of race, national or ethnic origin or religion, marginalizing individuals from
targeted communities and subjecting them to greater discrimination and harassment
by both private and public actors. Additionally, the report outlines the significant
gender-based economic, social and cultural rights violations resulting from targeted
sanctions and control orders, as well as the ways in which restrictive terrorism
financing laws undermine the ability of charities to provide relief for gender-based
violations, particularly those that occur in situations of humanitarian crisis.
The report next draws attention to the use of gender-specific forms of
interrogation techniques in the name of countering terrorism, including sexual
violence and other techniques aimed at emasculating male detainees. Turning to
women’s role in both terrorism and counter-terrorism measures, the report notes that,
while women are victims of terrorism and counter-terrorism measures, they may also
be volitional actors and should be considered as key stakeholders in counter-
terrorism measures. The report also discusses the specific ways in which restrictive
immigration controls and asylum procedures disproportionately affect women and
transgender asylum-seekers, refugees and immigrants, noting particularly that the
identification of a link between anti-trafficking and counter-terrorism measures has
been to the detriment of the human rights of trafficked persons, including women.
The conclusions and recommendations of the report are contained in section IV,
which includes several recommendations addressed to States and specific
recommendations addressed to various organs and bodies of the United Nations.

09-43755 3
A/64/211

Contents
Page

I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
II. Activities related to the Special Rapporteur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
III. A gender perspective on countering terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
A. Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
B. Gender, equality and non-discrimination in international human rights law . . . . . . . . . . . 8
C. Gendered targeting and militarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
D. Gender and overly broad definitions of terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
E. Gender and collateral impacts of counter-terrorism measures. . . . . . . . . . . . . . . . . . . . . . . 12
F. Relationship between promoting gender equality and countering terrorism . . . . . . . . . . . 13
G. Bartering of rights to counter terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
H. Gender-based profiling and discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
I. Impacts of targeted sanctions and control orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
J. Terrorism financing laws and impacts on charities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
K. Gender-discriminatory interrogation techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
L. Women’s role in terrorism and counter-terrorism activities . . . . . . . . . . . . . . . . . . . . . . . . 18
M. Restrictive immigration controls, asylum procedures and trafficking . . . . . . . . . . . . . . . . 19
IV. Conclusions and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
A. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
B. Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

4 09-43755
 A/64/211

I. Introduction
1. The present report is the fifth submitted to the General Assembly by the
Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, pursuant to Human Rights
Council resolution 6/28 and General Assembly resolution 62/159. It highlights
activities from 1 January to 31 July 2009, including an official visit of the Special
Rapporteur to Egypt in April 2009. The main thematic focus of this report is the
examination of counter-terrorism measures from a gender perspective.
2. In addition to his latest report to the General Assembly, 1 the Special
Rapporteur draws attention to his main report 2 and the addenda 3 considered at the
tenth session of the Human Rights Council in March 2009. The main report
summarized the activities of the Special Rapporteur in 2008 and focused on the
thematic issue of the role of intelligence agencies and their oversight in the fight
against terrorism. The addenda contained a communications report and a report on
the official mission to Spain.
3. Regarding future country visits, the Government of Tunisia has indicated that
an official visit could take place in the second part of December 2009, but has not
yet confirmed the exact dates of the mission. The Special Rapporteur also welcomes
invitations extended to him by the Governments of Chile and Peru, and he has
communicated his interest in conducting an official visit to these two countries in
May 2010.

II. Activities related to the Special Rapporteur

4. On 13 January 2009 the Special Rapporteur was represented in a strategic
round table on creating funding to protect human rights in the context of European
Union counter-terrorism measures in Brussels.
5. On 20 January 2009 the Special Rapporteur met with the Minister of Justice
and officials of the Ministry of Justice in Zagreb, to discuss issues within the
context of his mandate, including further cooperation with the Security Council
Counter-Terrorism Committee.
6. On 31 January and 26 and 27 May 2009 the Special Rapporteur participated in
meetings of the research project Detection Technologies, Counter-Terrorism Ethics
and Human Rights (DETECTER), held in Birmingham, England.
7. On 2 March the Special Rapporteur participated in a teleconference meeting
with the Chair of the Counter-Terrorism Implementation Task Force and other
members in advance of a Task Force briefing to the General Assembly on 3 March.
One of the activities highlighted under the Task Force working group on protecting
human rights while countering terrorism was the expert meeting on international
aviation law, chaired by the Special Rapporteur in New York, on 22 October 2008.
8. On 9 and 10 March 2009 the Special Rapporteur presented his reports to the
thirteenth session of the Human Rights Council. He met with the Permanent
__________________
1 A/63/223.
2 A/HRC/10/3.
3 A/HRC/10/3/Add.1 and Add.2.

09-43755 5
A/64/211

Missions of Chile, Croatia, Egypt, Peru, Philippines, Spain and Tunisia. He also
participated in two parallel events, on the themes “Intelligence and counter-
terrorism: time for accountability”, organized by the International Commission of
Jurists, and “Secret detentions — strategies to end this practice”, which launched a
global study on the practice of secret detentions undertaken jointly with the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, the Working Group on Arbitrary Detention and the Working Group on
Enforced or Involuntary Disappearances.
9. On 20 and 21 March 2009 the Special Rapporteur convened an expert seminar
in New York on the theme “Gender, national security and counter-terrorism”, hosted
by the Centre for Human Rights and Global Justice at New York University School
of Law and sponsored by the Åbo Akademi Institute for Human Rights in Turku,
Finland.
10. On 25 and 26 March 2009 the Special Rapporteur was in Geneva and met with
the Permanent Missions of the Republic of Macedonia, Romania, the United
Kingdom of Great Britain and Northern Ireland and the United States of America to
further engage and discuss his thematic report to the Human Rights Council at its
tenth session on the role of intelligence agencies and their oversight in the fight
against terrorism.
11. On 17 April 2009 the Special Rapporteur commenced an official visit to Egypt
at the invitation of the Government. From 17 to 21 April the Special Rapporteur
engaged with officials, experts and civil society regarding a draft counter-terrorism
law that is intended to replace the state of emergency, scheduled to end on 28 May
2010. The Special Rapporteur has communicated to the Government his interest in
completing the mission with a second visit in order to undertake some practical
activities, within the context of his mandate, including visiting places of detention
in accordance with the terms of reference for fact-finding missions by special
rapporteurs 4 for the purpose of interviewing security detainees or persons awaiting
prosecution, charged with, or convicted of, terrorism offences, and to observe legal
proceedings in cases related to terrorism. In May 2009, the Special Rapporteur sent
a letter to the Government with a number of follow-up questions, and he hopes to
receive a reply so that this information can be taken into account. The mission
report will be presented to the Human Rights Council at its thirteenth session in
March 2010.
12. On 30 April 2009 the Special Rapporteur was in Geneva and had informal
consultations with relevant stakeholders to discuss cooperation on a compilation of
good practices on legal and institutional frameworks and measures that ensure
respect for human rights by intelligence agencies while countering terrorism,
including on their oversight, in accordance with Human Rights Council
resolution 10/15.
13. In May 2009 the Special Rapporteur provided input into the first four basic
technical reference guides addressing the following subjects: conformity of national
counter-terrorism legislation with international human rights law; proscription of
organizations; stopping and searching of persons; and designing security
infrastructure being developed by the Task Force working group.

__________________
4 E/CN.4/1998/45.

6 09-43755
 A/64/211

14. On 28 May 2009 the Special Rapporteur was in London and met with the
Legal Adviser of the Foreign Commonwealth Office and officials from the Ministry
of Justice and the Home Office as part of an ongoing dialogue regarding the role of
United Kingdom intelligence agencies in counter-terrorism work, in follow-up to the
Special Rapporteur’s thematic report considered at the tenth session of the Human
Rights Council.
15. On 4 June 2009 the Special Rapporteur met with the Ambassador of Cuba
stationed in Helsinki, explaining his mandate and ongoing work.
16. From 29 June to 3 July 2009 the Special Rapporteur attended the sixteenth
session of the annual meeting of special procedures. He also met with the Permanent
Missions to the United Nations of Egypt, Tunisia and the United States of America.
17. On 1 and 2 July 2009 the Special Rapporteur, along with the other mandates
involved, participated in informal consultations regarding a global joint study on
secret detention, which is expected to be presented to the Human Rights Council at
its thirteenth session.

III. A gender perspective on countering terrorism

A. Background

18. In December 2007, the Human Rights Council renewed the mandate of the
Special Rapporteur and requested that the Special Rapporteur, inter alia, “integrate a
gender perspective throughout the work of his/her mandate”. 5 Previous reports of
the Special Rapporteur have drawn attention to adverse gender-based human rights
impacts of counter-terrorism measures, including the extent to which checkpoint
delays have increased the risks of childbirth for Palestinian women; 6 the
disproportionate impact of displacement and eviction on women in Colombia; 7 the
economic, social and cultural rights impacts of counter-terrorism measures on
Chechnyan women; 8 the impact of restrictive asylum procedures on returnee
households, including those with a female caretaker; 9 and the security and integrity
risks that ensue when counter-terrorism measures target women, including pregnant
women, as potential suicide bombers. 10 Other reports of the Special Rapporteur
have drawn attention to the role of women as potential terrorists 11 and the
importance of securing women’s rights and paying attention to gender issues to
prevent terrorism. 12
19. This report expands upon earlier reports of the Special Rapporteur to provide a
comprehensive overview of the frequency and nature of gender-based human rights
abuses in counter-terrorism measures and to explore the complex relationship
between gender equality and countering terrorism. It is important to emphasize that
__________________
5 Human Rights Council resolution 6/28, para. 2 (c).
6 A/HRC/6/17, para. 38.
7 Ibid., paras. 62-63.
8 Ibid., para. 21 (referencing E/CN.4/2006/61/Add.2, paras. 70-80).
9 A/62/263, para. 75.
10 A/HRC/4/26, para. 92.
11 Ibid., para. 72.
12 A/HRC/6/17, para. 73 (c).

09-43755 7
A/64/211

the gender perspective of counter-terrorism measures is severely underreported and

often disregarded to the detriment of human rights enjoyment. This report seeks to
reverse this trend but emphasizes that more is required to ensure that the voices of
those affected by the gendered impacts of counter-terrorism measures are heard and
the full range of human rights violations are acknowledged and addressed.

B. Gender, equality and non-discrimination in international human

rights law

20. Gender is not synonymous with women but rather encompasses the social
constructions that underlie how women’s and men’s roles, functions and
responsibilities, including in relation to sexual orientation and gender identity, 13 are
defined and understood. 14 This report will therefore identify the gendered impact of
counter-terrorism measures both on women and men, as well as the rights of persons
of diverse sexual orientations and gender identities. As a social construct, gender is
also informed by, and intersects with, various other means by which roles, functions
and responsibilities are perceived and practiced, such as race, ethnicity, culture,
religion and class. Consequently, gender is not static; it is changeable over time and
across contexts. 15 Understanding gender as a social and shifting construct rather
than as a biological and fixed category is important because it helps to identify the
complex and inter-related gender-based human rights violations caused by counter-
terrorism measures; to understand the underlying causes of these violations; and to
design strategies for countering terrorism that are truly non-discriminatory and
inclusive of all actors.
21. International human rights law, including the Convention on the Elimination of
All Forms of Discrimination against Women, the International Covenant on Civil
and Political Rights, and the International Covenant on Economic, Social and
Cultural Rights, requires States to ensure non-discrimination and equality (de jure
and de facto) on the basis of gender, sex, sexual orientation and gender identity, 16 as
well as to address instances where gender inequality intersects with other prohibited
grounds of discrimination, such as race, colour and religion. 17 These guarantees of
non-discrimination and gender equality are particularly integral to ensuring the
enjoyment of economic, social and cultural rights, 18 which are often adversely

__________________
13 See HCR/GIP/02/01.
14 A/59/38 (Supp.), annex I.
15 See Gender Mainstreaming: Strategy for Promoting Gender Equality (Office of the Special
Adviser to the Secretary-General on Gender Issues and Advancement of Women, August 2001).
16 See Convention on the Elimination of All Forms of Discrimination against Women (General
Assembly resolution 34/180, annex I, arts. 2 and 3); International Covenant on Economic, Social
and Cultural Rights (General Assembly resolution 2200A (XXI), annex I, arts. 2 and 3);
International Covenant on Civil and Political Rights (A/63/16); Committee on Economic, Social
and Cultural Rights, General Comment No. 20, para. 32 (E/C.12/GC/20) (noting that “Other
status” as recognized in article 2, paragraph 2, includes sexual orientation and that gender
identity is recognized as among the prohibited grounds of discrimination); Organization of
American States AG/RES/2504 (XXXIX-O/09); Yogyakarta Principles on the application of
international human rights law in relation to sexual orientation and gender identity.
17 See A/59/38 (Supp.), annex I, para. 12; E/C.12/2005/4; Committee on the Elimination of Racial
Discrimination (A/55/18, annex V).
18 See E/C.12/GC/20, para. 2.

8 09-43755
 A/64/211

impacted by counter-terrorism measures. 19 In the light of the extent to which

counter-terrorism measures curtail the claims of asylum-seekers, it is also important
to note that international refugee law provides protection against gender-related
persecution, including through refugee claims relating to sexual orientation and
gender identity, within the context of article 1A(2) of the 1951 Convention and/or
its 1967 Protocol relating to the Status of Refugees. 20
22. In the field of gender and human rights, it is particularly important to recall
that under international law the State is obliged to prevent, investigate and punish
human rights violations by both State and non-State actors. In this respect there is a
basic synergy in using a gender lens to ensure human rights while countering
terrorism; both perspectives underscore that rights must be protected from violation
by all actors, including terrorist groups. 21 The Special Rapporteur notes that it is
often the case that Governments neglect the obligation to address gender-based
violence by non-State actors, 22 and observes with grave concern the extent to which
terrorist groups commit significant gender-based abuses, which may in their effects
be similar to human rights violations committed by the State. However, consistent
with the mandate of the Special Rapporteur, the focus of this report is on the
gendered impact of States’ counter-terrorism measures upon the promotion and
protection of human rights and fundamental freedoms.

C. Gendered targeting and militarization

23. Those subject to gender-based abuses are often caught between targeting by
terrorist groups and the State’s counter-terrorism measures that may fail to prevent,
investigate, prosecute or punish these acts and may also perpetrate new human
rights violations with impunity. This squeezing effect is present for example, in
Algeria, where women have been arrested and detained as potential terrorists after
they report sexual violence and humiliation by armed Islamists. 23 In Nepal, the
counter-insurgency campaign that was defined with reference to terrorism was
characterized by attacks on meti (effeminate males or transgender persons) by both
sides, with reports that the Maoists were abducting meti 24 and the police were
taking advantage of the counter-terrorism environment to attack meti as part of a
“cleansing” of Nepali society. 25 A recent report by Amnesty International
exemplifies the extent to which women may be targeted by all entities, noting that in
Iraq, “crimes specifically aimed at women and girls, including rape, have been
committed by members of Islamist armed groups, militias, Iraqi government forces,
foreign soldiers within the US-led Multinational Force, and staff of foreign private
military security contractors. Most of these crimes have been committed with

__________________
19 See A/HRC/6/17.
20 See UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender
Identity (Office of the United Nations High Commissioner for Refugees (November 2008));
HRC/GIP/02/01.
21 See Karima Bennoune, “Terror/Torture”, Berkeley Journal of International Law, vol. 26 (2008).
22 See E/CN.4/2006/61.
23 A/HRC/7/6/Add.2.
24 United Nations Children’s Fund, Situation of Children and Women in Nepal (Aug. 2007).
25 Human Rights Watch, Nepal: Police Attack Transgender People (17 April 2005); Human Rights
Watch, Nepal: “Sexual Cleansing” Drive Continues (16 March 2006).

09-43755 9
A/64/211

impunity”. 26 The gender dimensions of these abuses are explicit: “Women and girls
are being attacked in the street by men with different political agendas but who all
want to impose veiling, gender segregation and discrimination”. 27 When States fail
to prevent, investigate and punish gender-based violence by government actors or
terrorist groups they embolden such attacks and legitimatize gender inequality.
24. These abuses on the basis of gender are amplified through war rhetoric (such
as with the “war on terror”) and increased militarization in countering terrorism. It
is well documented that utilizing conflict or war rhetoric serves to stereotype,
marginalize and profile those who challenge or fall outside the boundaries of
predetermined gender roles, including women’s human rights defenders. 28 In
addition, the privileging of a militarized response to terrorism has meant that funds
to combat terrorism have been diverted from addressing the socio-economic
conditions that may be conducive to terrorism, 29 such as those involving gender
inequalities.
25. Militarized internal conflicts (e.g., in Colombia, Sri Lanka, the Philippines and
Nepal) that utilize a counter-terrorism framework also disproportionately impact
women and children, who, for example, constitute the vast majority of the internally
displaced. 30 In this respect, the Special Rapporteur reiterates that measures framed
with reference to counter-terrorism have had significant economic, social and
cultural rights impacts on women. For example, evictions and house demolitions
used to target or collectively punish communities and other measures that have lead
to displacement, have deprived women of basic necessities, including adequate
food, access to health services and education. 31 Additionally, the Special Rapporteur
reiterates that in countries like Iraq and Afghanistan, military action, armed
insurgency and terrorist acts have created a security situation that hampers the
delivery of even the most basic humanitarian assistance, 32 with particularly
detrimental effects for the enjoyment of human rights by women. 33 The situation of
women in Iraq discussed above also demonstrates the dangers present when private
contractors are used in armed operations carried out in the context of countering
insurgencies or terrorism; these risks are also evidenced by the role of private
contractors in unlawful gender-specific interrogation techniques and trafficking (see
sections K and M of the present report).
26. Rightly, the Security Council has identified gender-based violence, particularly
sexual violence, in armed conflict and humanitarian crisis as a major concern for the
international community through resolutions 1820 (2008), 1674 (2006), 1539 (2004),
1460 (2003), 1325 (2000) and on other occasions. Most recently, in resolution
1820 (2008), the Security Council stressed that sexual violence, when used or
__________________
26 Amnesty International, Trapped by Violence — Women in Iraq, 3, AI Index MDE 14/005/2009
(March 2009).
27 Ibid.
28 See Asia Pacific Forum on Women, Law and Development, “Claiming Rights, Claiming Justice:
A Guidebook on Women Human Rights Defenders” (2007).
29 Cyril I Obi, “Terrorism in West Africa: Real, Emerging or Imagined Threats?”, African Security
Review 15.3, 89 (2006).
30 A/HRC/6/17, para. 62 (in relation to Colombia).
31 Ibid., paras. 62-63.
32 Ibid., para. 47.
33 See Women for Women International, “Stronger Women Stronger Nations: 2008 Iraq Report,
Amplifying the Voices of Women in Iraq”, 16-27 (March 2008).

10 09-43755
 A/64/211

commissioned as a tactic of war in order to deliberately target civilians or as a part

of a widespread or systematic attack against civilian populations, can significantly
exacerbate situations of armed conflict and may impede the restoration of
international peace and security. In the light of all of the above, the Special
Rapporteur supports the conclusion of the International Commission of Jurists
Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights, that the
use of a “war paradigm” to counter terrorism has undermined human rights and
should be abandoned. 34

D. Gender and overly broad definitions of terrorism

27. The breadth of Governments’ counter-terrorism measures have resulted in

significant gender-based human rights violations. In many instances, Governments
have used vague and broad definitions of “terrorism” to punish those who do not
conform to traditional gender roles and to suppress social movements that seek
gender equality in the protection of human rights. For example, Governments have
alleged terrorism links to justify the arrest and persecution of “suspected
‘homosexuals’” 35 and regularly accuse women’s human rights defenders of being
members of terrorist groups. 36 As well as being discriminatory, the latter
criminalizes activities that are protected by the guarantees of freedom of opinion,
expression and association in the International Covenant on Civil and Political
Rights 37 and exposes women’s human rights defenders to gender-specific forms of
abuse and harassment at the hands of government. 38
28. The Special Rapporteur is also concerned that the use of counter-terrorism
laws to suppress indigenous groups’ claims for economic, social and cultural rights
has particular adverse impacts for women within those communities. 39 In the
Philippines, for example, the militarization associated with counter-terrorism
measures has exposed women to rape and sexual assault by the armed forces; 40
caused forced separation of women from their families because they are accused of
New Peoples’ Army membership; and involved arbitrary killings of indigenous
women leaders. 41 This and the above examples demonstrate the extensive human
rights violations that ensue when Governments apply counter-terrorism measures
and laws to activities that do not constitute terrorism.

__________________
34 See International Commission of Jurists, “Assessing Damage, Urging Action: Report of the
Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights” (2009).
35 Women Living Under Muslim Laws, “Egypt: Trial of 52 men jailed because of their alleged
sexual orientation continues” (23 October 2001).
36 Megan Cossey, “Female Asian Activists Feel Singled Out for Attack”, Women’s eNews
(4 December 2006).
37 A/62/263 para. 66.
38 Megan Cossey, “Female Asian Activists Feel Singled Out for Attack”, Women’s eNews
(4 December 2006).
39 See Counter-Terrorism Implementation Task Force working group on protecting human rights
while countering terrorism, “Expert seminar on ‘The Impact of Terrorism and Counter-terrorism
Measures on the Enjoyment of Economic, Social and Cultural Rights (ESCR)’” (5-7 November
2008), para. 29 (2009).
40 See E/CN.4/2003/90/Add.3.
41 See “Conference highlights of the second Asian Indigenous Women’s Conference” (4-8 March
2004).

09-43755 11
A/64/211

29. Broad definitions of offences related to terrorism, such as those that

criminalize material support and association with terrorists, 42 may also have
wrongful gender-based impacts. Such laws, combined with an approach to
intelligence-gathering based on “mapping of networks of contacts” 43 mean that
family members of alleged terrorists, including wives, 44 can be swept up in counter-
terrorism operations without adequate safeguards for their human rights. The
Special Rapporteur reiterates that any law proscribing terrorism or related offences
must comply with the requirement of legality and the judicial guarantees set out,
particularly, in the International Covenant on Civil and Political Rights. 45

E. Gender and collateral impacts of counter-terrorism measures

30. Counter-terrorism measures have had impermissible gendered collateral effects

that are often neither acknowledged nor compensated. 46 Indeed, enforced
disappearances of male detainees in the name of countering terrorism have had
“special resonance” 47 for female family members, who bear the burden of anxiety,
harassment, social exclusion and economic hardship occasioned by the loss of the
male breadwinner. 48 Similar effects ensue from the prolonged detention without
trial of male family members, 49 the practice of extraordinary rendition, 50 and forced
deportations of male family members, undermining the enjoyment of economic,
social and cultural rights, such as the right to adequate housing, 51 and the right to
family life.
31. The Special Rapporteur is also concerned that women (and children) not
suspected of terrorism-related offences are unlawfully detained and ill-treated to
either gain information about male family members 52 or to compel male terrorism

__________________
42 International Commission of Jurists, “Assessing Damage, Urging Action: Report of the Eminent
Jurists Panel on Terrorism, Counter-Terrorism and Human Rights” (2009).
43 Human Rights Watch, Preempting Justice: Counterterrorism Laws and Procedures in France
(July 2008).
44 See, e.g., “Police Quiz 7 July Bomber’s Widow”, BBC News, 9 May 2007; Andrew Norfolk
and Sean O’Neil, “Bomber’s Widow is Held in Anti-terror Raid”, The Times, 10 May 2007;
Josie Clarke and Caroline Gammell, “Lawyer for Bomber’s Widow Condemns Police”, The
Independent, 16 May 2007.
45 See A/HRC/6/17/Add.2, para. 18.
46 See Counter-Terrorism Implementation Task Force working group on protecting human rights
while countering terrorism, “Expert seminar on ‘The Impact of Terrorism and Counter-terrorism
Measures on the Enjoyment of Economic, Social and Cultural Rights (ESCR)’” (5-7 November
2008), para. 28 (2009).
47 See A/HRC/10/9.
48 See, e.g., Amnesty International, Pakistan: Human Rights Ignored in the “War on Terror”,
59-61, AI Index ASA 33/036/2006 (September 2006); see A/HRC/716/Add.2, paras. 88-91.
49 See Muslim Human Rights Forum, “Horn of Terror”, 19-21(Al-Amin Kimathi and Altan Butt,
eds., 2008).
50 See Counter-Terrorism Implementation Task Force working group on protecting human rights
while countering terrorism, “Expert seminar on ‘The Impact of Terrorism and Counter-terrorism
Measures on the Enjoyment of Economic, Social and Cultural Rights (ESCR)’” (5-7 November
2008), para. 28 (2009).
51 Ibid.
52 See Human Rights Watch, Open Secret Illegal Detention and Torture by the Joint Anti-terrorism
Task Force in Uganda, 46 (April 2009).

12 09-43755
 A/64/211

suspects to provide information or confessions. 53 As well as being discriminatory,

such collective sanctions directly impact other rights enshrined in the International
Covenant on Civil and Political Rights, such as the right to liberty and security of
person (art. 9) and the right to be treated with humanity (art. 10). Female family
members of disappeared persons are exposed to similar risks to liberty and security
because, as noted by the Working Group on Enforced or Involuntary
Disappearances, “it is they who are most often at the forefront of the struggle to
resolve the disappearances of members of their family, making them susceptible to
intimidation, persecution and reprisals.” 54

F. Relationship between promoting gender equality and

countering terrorism

32. While Governments are required to ensure the right to gender equality and
non-discrimination as ends in themselves, a gender perspective is also integral to
combating conditions conducive to the spread of terrorism. The United Nations
Global Counter-Terrorism Strategy adopted by the General Assembly in its
resolution 60/288 includes the following non-exhaustive list of conditions
conducive to the spread of terrorism: “prolonged unresolved conflicts,
dehumanization of victims of terrorism in all its forms and manifestations, lack of
the rule of law and violations of human rights, ethnic, national and religious
discrimination, political exclusion, socio-economic marginalization and lack of
good governance”.
33. International human rights law, through instruments such as the Convention on
the Elimination of All Forms of Discrimination against Women and guarantees of
non-discrimination and equality between sexes in the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights and the Convention on the Elimination of All Forms of Racial
Discrimination, recognizes that problems of discrimination, political exclusion and
socio-economic marginalization cannot be solved without a gender perspective.
Similarly, to stop dehumanizing victims of terrorism, Governments should remedy
the gender inequality that makes women and lesbian, gay, bisexual, transgender and
intersex individuals the targets of terrorism (see sect. B above) and ensure that
victims of terrorism receive support, including by repealing discriminatory barriers
(e.g., unequal inheritance laws) that frustrate assistance. Additionally, in
implementing reparations programmes for victims of terrorism, States should utilize
the opportunity to ensure that reparations programmes actually further gender
equality. 55
34. The Special Rapporteur notes, however, that counter-terrorism strategies that
link the fight against terrorism to the promotion of gender equality do not
automatically result in de facto or substantive equality as required under
international human rights law. For example, the United Kingdom
anti-radicalization initiatives seeking to include Muslim women as counter-terrorism
__________________
53 See Amnesty International et al., Off the Record: U.S. Responsibility for Enforced
Disappearances in the “War on Terror” (June 2007).
54 See A/HRC/10/9, para. 455.
55 Ruth Rubio-Marín, The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing
Human Rights Violations (Ruth Rubio-Marín ed., 2009).

09-43755 13
A/64/211

agents on the basis of their position “at the heart not only of their communities but
also of their families”, 56 may reinforce stereotypical gender norms about roles of
women within the family. Instead, participation should be grounded on principles of
gender equality, recognizing the unique gendered impacts of both terrorism and
counter-terrorism measures. Additionally, counter-terrorism measures that are
characterized as being a fight for women’s rights (such as the United States
portrayal of its “war on terror” in Afghanistan in 2001) 57 should be closely
scrutinized, to ensure that they are not misinformed by gender-cultural stereotypes
and are actually responsive to the concerns of women and lesbian, gay, bisexual,
transgender and intersex individuals in local contexts.
35. Indeed, such counter-terrorism strategies that portray human rights and gender
equality as alien to local contexts may actually have the unintended consequence of
silencing those working on gender issues within their own communities by aligning
those voices with foreign influence or even those perceived to be the “enemy”. This
may also exacerbate the susceptibility these actors already have to attacks by local
government and non-government actors under the guise of protecting “tradition” or
“culture”. Because both counter-terrorism and terrorism agendas co-opt discourses
and debates over women’s rights, 58 this marginalization of those voices who
understand the realities of gender inequality on the ground — women, those
working within feminist perspectives that are responsive to local contexts, and
lesbian, gay, bisexual, transgender and intersex individuals — is a significant barrier
to the full realization of human rights and should be reversed.

G. Bartering of rights to counter terrorism

36. It is of special concern to the Special Rapporteur that some Governments have
used gender inequality to counter terrorism, employing the rights of women and
lesbian, gay, bisexual, transgender and intersex individuals as a bartering tool to
appease terrorist or extremist groups in ways that have furthered unequal gender
relations and subjected such persons to increased violence. For instance, the
Government of Somalia reportedly failed to enact measures enhancing women’s
rights for fear that it would alienate conservative forces. 59 Similarly, in February
2009, following the Pakistani army’s failure to defeat an 18-month Talibani
insurgency in the Swat Valley, Pakistan signed a peace accord with the militants
agreeing to implement the Taliban’s version of Islamic law in exchange for peace. 60
The Government then passed a measure in April 2009 for the implementation of this
specific version of Islamic law in the region. 61 In the light of the Taliban’s
__________________
56 Government of the United Kingdom, “The Prevent Strategy: The Guide for Local Partners in
England: Stopping people becoming or supporting terrorists and violent extremists” (May 2008).
57 See Ratna Kapur, “Un-Veiling Women’s Rights in the ‘War on Terrorism’”, Duke Journal of
Gender, Law and Policy (2002).
58 See A/HRC/4/34/Add.2.
59 See Wondwosen Teshome and Jerusalem Negash, The Anti-Terror War in Somalia: Somali
Women’s Multifaceted Role in Armed Conflict, vol. 2 Österreichische Zeitschrift für
Politikwissenschaft (OZP) [Austrian Journal of Political Science] (2008).
60 See Declan Walsh, “Pakistan bows to demand for sharia law in Taliban-controlled Swat valley”,
The Guardian, 14 April 2009.
61 Ibid.; Sabrina Tavernise, “Islamic Law Now Official for a Valley in Pakistan”, New York Times,
15 April 2009; Qaiser Felix, “Swat Valley: President Zardari authorises Islamic law, Taliban
rejoice”, Asia News, 14 April 2009.

14 09-43755
 A/64/211

restrictive interpretation of Islamic law, these measures were criticized as a major

setback for women’s rights, 62 with immediate reports of women being beaten for
attending markets unaccompanied, the destruction or closure of girls’ schools, 63 and
statements from the Taliban indicating that women will not be allowed to work or go
to the markets. 64 In other contexts, Governments have failed to protect women from
private actors who perpetuate violence against them for failure to wear particular
attire, such as headscarves. 65 Similarly, in Egypt, Government targeting of lesbian,
gay, bisexual, transgender and intersex individuals has been a way of shoring up
religious legitimacy and signifying to opposition movements that the State is “the
guardian of public virtue”. 66 The bartering of human rights in the name of
countering terrorism erroneously suggests that human rights are optional and is
fundamentally inconsistent with the State’s obligation to ensure human rights
protections to all persons within its jurisdiction.

H. Gender-based profiling and discrimination

37. The Special Rapporteur is concerned that counter-terrorism measures use

gender stereotypes as a proxy for profiling on the basis of race, national or ethnic
origin or religion. For example, in Denmark, behavioural profiles of terrorism
suspects identify the attitudes of individuals towards women and places of religious
worship as a generalized ground for suspicion. 67 In police interrogations of
terrorism suspects in France “men are asked their views on women’s equality” and
“[w]omen who wear a religious headdress are invariably asked why” they do. 68
Such terrorist-profiling practices are discriminatory because they equate gender
inequality with persons of a certain race, national or ethnic origin or religion and
predict that males from these groups are more likely to be terrorists. 69
38. In many countries, such profiling and other measures may penalize particular
forms of women’s religious dress. It is troubling that counter-terrorism strategies
prescribe the detention of women who wear headscarves; 70 utilize images of veiled
women in anti-terrorism posters; 71 and otherwise restrict women’s dress. For
example, in 2007, the President of the Maldives introduced a range of measures to
“combat Islamic extremism”, including a “new dress code which outlaws women

__________________
62 See Zofeen Ebrahim, “Rights-Pakistan: Peace deal with Taliban setback for women”, IPS News
Agency (Karachi), 23 February 2009; Declan Walsh, “Outcry in Pakistan after video of a
17-year-old girl’s flogging by the Taliban is shown on TV”, The Guardian, 4 April 2009.
63 See Declan Walsh, “Video of girl’s flogging as Taliban hand out justice”, The Guardian, 2 April
2009.
64 See “Swat sharia deal worries Afghans”, Al Jazeera, 15 April 2009.
65 See Amnesty International, Trapped by Violence — Women in Iraq, 3, AI Index MDE
14/005/2009 (March 2009).
66 See Hossam Bahgat, “Explaining Egypt’s Targeting of Gays”, Middle East Report, 23 July 2001.
67 See Jakob Scharf, Director General of the Danish Security and Intelligence Service (PET),
speech at the University of Copenhagen: Danish efforts against terrorism (11 September 2007).
68 Human Rights Watch, Pre-empting Justice: Counter-terrorism Laws and Procedures in France
(July 2008).
69 See A/HRC/4/26, paras. 34-37.
70 See E/CN.4/2006/61/Add.2, para. 56.
71 See Vikram Dodd, “Muslim groups infuriated by anti-terrorism poster”, The Guardian, 14 May
2004.

09-43755 15
A/64/211

from being covered from head to toe”. 72 The Special Rapporteur also underlines
that European counter-terrorism strategies that emphasize societal integration may
unfairly exclude Muslim women who wear a veil because their dress is
automatically perceived as radical and incongruous with national values. 73
39. Counter-terrorism measures based on gender stereotypes of persons of a
particular ethnicity, national origin and/or religion stigmatize and marginalize those
groups. Women, particularly those who wear visible religious dress, such as the hijab,
may bear the brunt of this discrimination. In Canada, Muslim women are subject to
the “triple jeopardy” of being a visible minority subject to gender and religious
discrimination. 74 In the United Kingdom, Muslim women, particularly those wearing
the hijab, have also been especially vulnerable to increased racism, discrimination,
harassment and abuse in the wake of terrorist attacks. 75 The Special Rapporteur
wishes to remind States of their obligations to ensure non-discrimination by both
Government and private actors and reiterates that fostering tolerance and solidarity
within a society are a means of avoiding conditions conducive to terrorism. 76

I. Impacts of targeted sanctions and control orders

40. In previous reports, the Special Rapporteur has drawn attention to his concerns
about the lack of human rights safeguards in the listing of terrorist entities and
application of “control orders”, particularly in the light of the burdens that such
measures place on listed individuals or controlled persons. 77 These sanction
regimes 78 and control orders also have both direct and indirect impacts on the
human rights of third parties, particularly female family members. In the United
Kingdom, control orders and sanctions directly impact women, who, for example
may have their bank accounts separately monitored and experience limits on their
normal family life through conditions such as those that restrict who can enter the
family home. 79 The indirect impacts on women are numerous and include serious
economic hardship, acute levels of mental and physical distress, and in some cases,
family separation because of the immense psychological burden of the control order
and sanctions on all family members. 80

__________________
72 See “Maldives Militant Move Condemned”, BBC News, 18 October 2007.
73 See Katrin Bennhold, “A veil closes France’s door to citizenship”, New York Times, 19 July
2008.
74 See Canadian Council of Muslim Women, “Muslim Women More Likely to Experience
Discrimination than Other Canadian Women” (21 March 2005); Daood Hamdani, Canadian
Council of Muslim Women, “Triple Jeopardy: Muslim Women’s Experience of Discrimination”
(March 2005).
75 See Anja Rudiger, Refugee Council, “Prisoners of Terrorism? The impact of anti-terrorism
measures on refugees and asylum seekers in Britain” (February 2007).
76 See A/HRC/10/3/Add.2, para. 48.
77 A/63/223, para. 42.
78 Counter-Terrorism Implementation Task Force working group on protecting human rights while
countering terrorism, expert seminar on “The Impact of Terrorism and Counter-terrorism
Measures on the Enjoyment of Economic, Social and Cultural Rights (ESCR)”, 5-7 November
2008, para. 20.
79 See Dina Al Jnidi, “Life with a control order: a wife’s story”, The Independent, 3 July 2009;
Victoria Brittain, “Besieged in Britain”, Race Class, vol. 1 (2009); Victoria Brittain, “Mean and
squalid measures”, The Guardian, 24 April 2008.
80 Brittain, “Besieged in Britain”, Race Class, vol. 1.

16 09-43755
 A/64/211

41. As with other counter-terrorism measures that impact third parties

(e.g., disappearances), women in these families often bear the weight of these
stresses, jeopardizing numerous economic, social and cultural rights protected by
the International Covenant on Economic, Social and Cultural Rights, including
protection and assistance accorded to the family and to children and young persons
(art. 10); the right to an adequate standard of living, including adequate food and
housing (art. 11); the right to health (art. 12); and the right to education (arts. 13 and
14). Such measures also undermine the enjoyment of women’s various civil and
political rights guaranteed by the International Covenant on Civil and Political
Rights, such as the protection against arbitrary or unlawful interference with the
family and privacy (art. 17) and protection of the family (art. 23).

J. Terrorism financing laws and impacts on charities

42. The Special Rapporteur is also concerned that terrorism financing laws that
restrict donations to non-profit organizations have particularly impacted
organizations that promote gender equality, including women’s rights organizations.
The small-scale and grassroots nature of such organizations means that they present
a greater “risk” to foreign donors who are increasingly choosing to fund a limited
number of centralized, large-scale organizations for fear of having their charitable
donations stigmatized as financing of, or material support to, terrorism. 81 At the
same time, as divergent voices within their communities, it is precisely this foreign
funding on which women’s rights organizations may be particularly dependent to
achieve their objectives. 82 The need to ensure accessible, safe and effective
channels for donation to such organizations is particularly acute in situations of
humanitarian crisis, which, as noted earlier, often have disproportionate impacts on
women and girls.
43. Moreover, this interference with efforts by women’s rights organizations to
resolve conflicts, support victims of terrorism, advance the rule of law and human
rights, and realize equality, political inclusion, and socio-economic empowerment
may curb efforts that would effectively counter conditions conducive to terrorism.
In this regard, the Special Rapporteur reiterates his emphasis on the need to ensure
that there are humanitarian exemptions to sanctions, particularly the freezing of
funds, 83 and notes that organizations that further gender equality may be among the
non-profit organizations that reduce the appeal of terrorism by engaging in
development measures that can counteract conditions conducive to recruitment to
terrorism. 84

__________________
81 See Jude Howell et al., “The Backlash against Civil Society in the Wake of the Long War on
Terror” (London School of Economics, Civil Society Working Paper No. 26, 2006); see Nancy
Billica, Urgent Action Fund, “Philanthropy and Post-9/11 Policy Five Years Out: Assessing the
International Impacts of Counterterrorism Measures” (Emily Utz ed., 2006); The Global
Nonprofit Information Network, “Counterrorism policies are suspicious of specific types of
charities” (2008).
82 See Jude Howell et al., “The Backlash against Civil Society in the Wake of the Long War on
Terror” (London School of Economics, Civil Society Working Paper No. 26, 2006).
83 See A/61/267, para. 41.
84 Counter-Terrorism Implementation Task Force working group on tackling the financing of
terrorism, Final Report, para. 64 (January 2009).

09-43755 17
A/64/211

K. Gender-discriminatory interrogation techniques

44. Counter-terrorism laws and measures that sanction discriminatory

interrogation techniques against male and female terrorism suspects are also often in
clear violation of the international law prohibition on torture and cruel, inhuman or
degrading treatment or punishment. Rape and other forms of gender-based violence
are used in many cases as a form of torture against detained female terrorism
suspects. 85 As part of its “war on terror”, the United States and its private
contractors have employed interrogation techniques on male Muslim detainees in
Iraq and elsewhere aimed at exploiting perceived notions of male Muslim
homophobia (e.g., forced piling of naked male detainees, rape, and forced
homosexual acts with other detainees) and inducing feelings of emasculation in
detainees (e.g., enforced nudity, forced wearing of women’s underwear, smearing of
fake menstrual blood on detainees). 86 In some instances, the U.S. Department of
Defence has used female service members to administer some of these gendered
techniques on male detainees in an effort to heighten the perceived degrading
aspects of such abuse. 87
45. The Special Rapporteur stresses that homophobia and gender-based
discrimination can never be justified as legitimate tools in counter-terrorism.
Additionally, techniques that seek to evoke feelings of emasculation in detainees or
suspected terrorists may hinder the fight against terrorism by provoking
hyper-masculine responses that include acceptance or advocacy of violence.

L. Women’s role in terrorism and counter-terrorism activities

46. While women are victims of terrorism and counter-terrorism measures, they
may also be volitional actors in both terrorist entities and counter-terrorism
measures. The Special Rapporteur reiterates that ignoring women as potential
terrorists undermines the ability of counter-terrorism measures to identify terrorism
suspects 88 and may serve to promote the recruitment of female terrorists. 89
Additionally, the failure to gather empirical data on why women become members
of particular organizations at particular times circumscribes the effectiveness of
counter-terrorism measures aimed at their reintegration. For example, in the
violence in Colombia (often characterized in reference to terrorism), 90 gender is
critical to: understanding the recruitment of women and girls by the Revolutionary
Armed Forces of Colombia (FARC) and other illegal armed actors; 91 their treatment
__________________
85 Human Rights Watch, Collective Punishment: War Crimes and Crimes against Humanity in the
Ogaden area of Ethiopia’s Somali Region (June 2008).
86 See documents released to the American Civil Liberties Union pursuant to a Freedom of
Information Act request, available at http://www.aclu.org/accountability/released.html; Center
for Constitutional Rights, “Corporations and Torture in Prisons in Iraq: The Cases Against
Titan/L-3 and CACI” International, Inc.
87 See Associated Press, “Sex allegedly used to break Muslim prisoners”, MSNBC, 27 January 2005.
88 See A/HRC/4/26, para. 72.
89 See Karla J. Cunningham, “Cross-Regional Trends in Female Terrorism”, Studies in Conflict and
Terrorism (2003).
90 See A/HRC/6/17, para. 62.
91 See Rachel Schmidt, “No Girls Allowed? Recruitment and Gender in Colombian Armed
Groups”, 6:10 Focal Point (2007), see also Inter-American Commission on Human Rights,
Violence and Discrimination against Women in the Armed Conflict in Colombia, paras. 4, 87-95,
OEA/Ser.L/V/II. Doc. 67 (18 October 2006).

18 09-43755
 A/64/211

within the organizations; and the particular reintegration challenges that the
Government must meet to ensure that the cycle of violence is not repeated. 92
Reintegration schemes that rely solely on gender stereotypes of women as victims or
that exclude women from benefits provided to male ex-combatants 93 are
discriminatory and fail to stem terrorism.
47. It is important to appreciate that women have a role in the design and
implementation of counter-terrorism measures, as well as to recognize their
contributions in combating terrorism. 94 There are some examples of such inclusion,
for example, the recruitment of women to join Yemen’s elite counter-terrorism
unit; 95 the holding of government hearings for women to share their experiences of
terrorism and counter-terrorism; 96 and the appointment of women advisory
groups. 97 However, by and large, the experience has mainly been one of exclusion
and marginalization of women’s voices or inclusion on the basis of gender
stereotypes, as noted above in section F. As the Philippines Government has noted
“Women who are affected by the war against terrorism are unable to make their
concerns heard because they are preoccupied with surviving the hardships brought
on by the war or are not adequately represented in fora and panels”. 98 This
marginalization is also true of women’s human rights defenders who, as targets of
groups using terrorism, 99 could be key stakeholders in the developments of rights-
respecting strategies to end terrorism. 100

M. Restrictive immigration controls, asylum procedures and trafficking

48. Counter-terrorism measures disproportionately affect women and transgender

asylum-seekers, refugees and immigrants in specific ways. For example, enhanced
immigration controls that focus attention on male bombers who may be dressing as
females to avoid scrutiny 101 make transgender persons susceptible to increased
harassment and suspicion. 102 Similarly, counter-terrorism measures that involve
increased travel document security, 103 such as stricter procedures for issuing,
changing and verifying identity documents, risk unduly penalizing transgender

__________________
92 See Alice O’Keeffe, “Jungle Fever”, The Guardian, 24 August 2008; Jeremy McDermott,
“Colombia’s Female Fighting Force”, BBC News, 4 January 2002.
93 See María Villellas Ariño, “A gender view of Nepal’s armed conflict and peace process”, Nepal
Monitor (1 October 2008).
94 A/HRC/4/26/Add.2, para. 88.
95 See “Yemeni women join counter-terrorism force to battle militants on frontlines”, Reuters,
25 May 2007; Ginny Hill, “Yemeni Women Sign up to Fight Terror”, BBC News, 2 April 2007.
96 See United Kingdom Metropolitan Police Authority, “MPA — Listen to Women for a Different
Perspective on Dealing with Terrorism” (6 October 2006).
97 See Dominic Casciani, “Muslim women advise on extremism”, BBC News, 23 January 2008.
98 See CEDAW/C/PHI/5-6 (2 August 2004).
99 See Amnesty International, Afghanistan: The Challenges of Defending Women’s Rights in
Kandahar (24 October 2006).
100 See Margot Badran, Women and Radicalization, Danish Institute for International Studies
Working Paper No. 2006/5 (January 2006).
101 United States Department of Homeland Security, DHS Advisory to Security Personnel, No
Change in Threat Level (4 September 2003).
102 See generally Sylvia Rivera Law Project, “The impact of the war on terror on LGBTSTQ
communities”.
103 See A/62/263, para. 37.

09-43755 19
A/64/211

persons whose personal appearance and data are subject to change. 104 This
jeopardizes the right of persons of diverse sexual orientations and gender identities
to recognition before the law. In this regard, the Yogyakarta Principles on the
application of international human rights law in relation to sexual orientation and
gender identity identify that States must “ensure that procedures exist whereby all
State-issued identity papers which indicate a person’s gender/sex … reflect the
person’s profound self-defined gender identity”. 105
49. The Special Rapporteur is concerned that increased travel restrictions have
also involved the inclusion of entire families on “no-fly” lists, 106 which unduly
penalizes family relationships and undermines the enjoyment of human rights such
as the right to freedom of movement. Alongside these measures that restrict
movement, the Special Rapporteur also notes that the counter-terrorism strategy of
empowering law enforcement agencies to enforce immigration rules may also deter
immigrant women experiencing abuse (such as domestic violence) from seeking
police protection because they fear that they, or their family members, may be
deported. 107
50. In the name of countering terrorism, States have also denied international
protection to asylum-seekers who have suffered gender-based abuse. For example,
forced domestic service for actors considered to be terrorists has been understood to
count as “material support” to terrorism, therefore barring successful asylum claims
by women who have suffered this abuse. 108 The Special Rapporteur reiterates his
concern that the threat of terrorism has been used to enact restrictive immigration
and refugee law regimes, 109 violating human rights and refugee law guarantees that
protect individuals from refoulement for gender-based persecution and require
non-discrimination and equality in the enjoyment of human rights, such as the right
to freedom of movement.
51. There is also a current trend in counter-terrorism measures to link the fight
against terrorism to the fight against human trafficking, including, for example,
through institutional arrangements that group the two in the same government
unit. 110 It is often stated for example that human trafficking undermines national
security because it finances terrorism and involves trafficking of individuals into
terrorist activities or environments where they are susceptible to violent
radicalization. 111 The Special Rapporteur is concerned that the identification of
__________________
104 See Sylvia Rivera Law Project, “The impact of the war on terror on LGBTSTQ communities”.
105 Yogyakarta Principles on the application of international human rights law in relation to sexual
orientation and gender identity, principle 3.
106 See Steven Edwards, “Khadr Linked Arar to al-Qaeda, FBI Testifies”, National Post, 19 January
2009; International Civil Liberties Monitoring Group, “Creation of a No-Fly List in Canada”
(2007).
107 See Kathryn Fanlund, “Our Safety or Their Lives? Legislative Changes Impacting Immigration and
the Risks Posed to Immigrant Women”, Wisconsin Journal of Law, Gender and Society (2008).
108 See Kara Beth Stein, “Female Refugees: Re-Victimized by the Material Support to Terrorism
Bar”, 38 McGeorge Law Review (2007).
109 A/62/263, para. 78.
110 See United Nations Office on Drugs and Crime, Global Report on Trafficking in Persons
(February 2009) (United Nations publication, Sales No. E.09.V.5).
111 See “Human Trafficking Has Some Link with Terrorism: Ganguly”, The Hindu, 7 December
2008; Paul Lewis, “Fears that Afghan Boys at Risk of Terror Grooming”, The Guardian, 16 June
2007; Global Initiative to Fight Human Trafficking, The Vienna Forum Report: a Way Forward
to Combat Human Trafficking (May 2008).

20 09-43755
 A/64/211

these interlinkages has been to the detriment of the human rights of trafficked
persons, including women. The focus on terrorism and trafficking as related
transnational crimes has de-prioritized a human rights approach to trafficking,
suggesting that trafficked persons should be seen as a threat and with the result that
services for trafficked victims have diminished. 112 Additionally, service provision
has been hampered because of the difficulty advocates experience in securing
assistance and resources from governments that are “preoccupied” with fighting
terrorism. 113 There is also troubling evidence that counter-terrorism activities have
actually heightened the trafficking in women and girls through the increased
presence of military forces 114 and burgeoning insecurity and poverty (e.g., as in
Iraq). 115 The increased use of private military companies in counter-terrorism
measures is also of grave concern from a trafficking perspective. 116 Such egregious
impacts require States to treat trafficking as a human rights issue that requires
serious and separate attention, rather than fighting trafficking in the name of
countering terrorism.

IV. Conclusions and recommendations

A. Conclusions

52. In accordance with his mandate defined by the Human Rights Council, the
Special Rapporteur has integrated a gender perspective throughout his work. This
report expands upon earlier reports of the Special Rapporteur to provide a
comprehensive overview of the frequency and nature of gender-based human rights
abuses in counter-terrorism measures and to explore the complex relationship
between gender equality and countering terrorism. Gender is not synonymous with
women, but rather it encompasses the social constructions that underlie how
women’s and men’s roles, functions and responsibilities, including in relation to
sexual orientation and gender identity, are defined and understood. While many of
the dimensions of the theme of this report relate to the human rights of women, and
violations thereof, gender-based violations of the human rights of male persons have
also been addressed. Moreover, the human rights of lesbian, gay, bisexual,
transgender and intersex individuals have required particular attention in the context
of a human rights assessment of gender and counter-terrorism.

B. Recommendations

53. The Special Rapporteur submits the following recommendations to Member

States:

__________________
112 See Nancy Billica, Urgent Action Fund, “Philanthropy and Post-9/11 Policy Five Years Out:
Assessing the International Impacts of Counterterrorism Measures” (Emily Utz, ed., 2006).
113 See Anthony M. DeStefano, “Meeting to Address Human Trafficking”, Newsday, 23 April 2003.
114 Connie de la Vega and Alyson Beck, “The Role of Military Demand in Trafficking and Sex
Exploitation” (24 February 2006).
115 UNHCR, UNICEF and World Food Programme, “Assessment of the Situation of Iraqi Refugees
in Syria” (March 2006).
116 Connie de la Vega and Alyson Beck, “The Role of Military Demand in Trafficking and Sex
Exploitation” (24 February 2006).

09-43755 21
A/64/211

(a) To enshrine the principles of gender-equality and non-discrimination in

the design and implementation of all counter-terrorism measures, including
addressing instances where gender inequality intersects with other prohibited
grounds of discrimination and to combat conditions conducive to terrorism;
(b) To undertake all appropriate measures to investigate, document and
monitor the gendered impacts of counter-terrorism measures on women and lesbian,
gay, bisexual, transgender and intersex individuals, including in reporting to
inter-governmental organizations;
(c) To end impunity for all direct and collateral gender-based human rights
violations in the name of countering terrorism, including economic, social and
cultural rights violations, and provide redress for victims, including through
reparations schemes that are non-discriminatory and equality-enhancing and provide
recognition for all forms of gendered harms, including for victims targeted on the
basis of sexual orientation and gender identity;
(d) To ensure accountability for gender-based abuses by terrorist groups and
recognize gender-sensitive reparation schemes for victims of terrorism to ensure
gender equality and end the dehumanization of victims of terrorism, one of the
recognized conditions conducive to terrorism;
(e) To ensure that counter-terrorism measures do not extend to target or
impede activities that do not constitute terrorism, such as the exercise of the right to
freedom of peaceful assembly and association by women’s and lesbian, gay,
bisexual, transgender and intersex human rights defenders;
(f) To abandon the use of a “war paradigm” when countering terrorism
because of the adverse impacts it has on gender equality, as well as ensure that the
privatization of counter-terrorism measures does not further impunity for gender-
based human rights violations;
(g) To repeal all counter-terrorism measures that sanction the unlawful
detention and ill-treatment of women and children to produce information
concerning male family members suspected of terrorism;
(h) To guarantee the protection against arbitrary or unlawful interference
with the family and privacy, including through ensuring that any laws that
criminalize material support and association with terrorists, or provide for the
application of “control orders”, comply with the requirements of legality and
judicial guarantees;
(i) To recognize and compensate the human rights violations, including of
economic, social and cultural rights, of family members of those individuals who
have been disappeared, or subjected to “extraordinary rendition” or to prolonged
detention in the name of countering terrorism;
(j) To renounce the use of gender stereotypes as a proxy for profiling on the
basis of race, national or ethnic origin or religion and promote human rights
education and training to reduce the stigma, harassment and discrimination faced by
women because of profiling practices;
(k) To ensure that sanctions regimes incorporate humanitarian exemptions
and that terrorism financing laws allow for accessible, safe and effective channels

22 09-43755
 A/64/211

for funding, particularly for humanitarian aid, of organizations devoted to gender

equality;
(l) To take all necessary legislative, administrative and other measures to
prevent, investigate and punish the use of torture and cruel, inhuman or degrading
treatment or punishment in the name of countering terrorism, perpetrated on the
basis of the sexual orientation or gender identity of the victim;
(m) To ensure that the rights of women and persons of diverse sexual
orientations and gender identities are never used as a bartering tool to appease
terrorist or extremist groups;
(n) To guarantee the right to protection from all forms of exploitation, sale
and trafficking of persons by separating counter-terrorism measures from
anti-trafficking initiatives to ensure that trafficked persons are neither criminalized
nor stigmatized, and their human rights are ensured;
(o) To repeal restrictive immigration controls and asylum procedures that
violate the human rights, including the right to freedom of movement, of
transgendered persons and immigrant and migrant women;
(p) To guarantee the right to asylum for those owed international protection
because of gender-based persecution, including through ensuring that broad
“material support” laws are not used to penalize individuals who have suffered
gender-based abuses by terrorist groups;
(q) To recognize the role of women and lesbian, gay, bisexual, transgender
and intersex individuals as stakeholders and the benefit of including contextual
feminist perspectives in the design and implementation of counter-terrorism measures
and in combating terrorism, as well as the role of men in ensuring gender equality.
54. The Special Rapporteur submits the following recommendations to United
Nations bodies:
(a) All relevant special procedures and other mechanisms of the Human
Rights Council and human rights treaty bodies should integrate attention to gender
and counter-terrorism into the implementation of their respective mandates;
(b) In particular, the Committee on the Elimination of Discrimination against
Women should incorporate the specific question of the impact of counter-terrorism
on women in its examination of State reports and when formulating concluding
observations and general comments;
(c) The Counter-Terrorism Committee, the Counter-Terrorism Committee
Executive Directorate and the Counter-Terrorism Implementation Task Force should
take explicit account of gender as a relevant human rights concern in all of their
activities;
(d) The Security Council and its subsidiary bodies should continue the
process of reforming the regime for listing individuals and entities as terrorist ones,
in order to secure full compliance with human rights in the imposition and
implementation of the ensuing sanctions, and include a gender assessment in that
review.

09-43755 23