Professor Fionnuala Ní Aoláin, the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, recently presented a new position paper, The Human Rights and Rule of Law Implications of Countering the Financing of Terrorism Measures.
Reflecting on input from civil society organizations between March and May of 2022, particularly from the Global NPO Coalition on FATF (where C&SN serves in a leadership role) and the European Center for Not-for-Profit Law (ECNL), the paper offers an overview of the international legal framework regarding countering the financing of terrorism, and relevant legal obligations. It then details common practices in countering the financing of terrorism, such as national risk assessments, sanctions, and de-risking, among others. The paper also addresses oversight mechanisms, accountability measures, and other remedies for unlawful implementation of counterterrorism measures. Finally, it concludes with recommendations for Member States, UN Counterterrorism Entities, FATF and FATF-style regional bodies, banks and financial and regulatory bodies, and civil society organizations.
The Charity & Security Network applauds the Special Rapporteur for this important contribution to the task of aligning counterterrorism frameworks with international human rights and humanitarian law. In particular, the paper’s call for Member States to “meaningfully and consistently engage with civil society and affected communities as partners in the design, delivery, and oversight of CFT measures,” bears repeating. Read the full position paper here.