Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters” within a Human Rights Framework – OSCE

This document seeks to provide states with policy recommendations, and supporting analysis, on some of the key human rights issues that they must grapple with as they seek to respond to the threats posed by FTFs in a manner that is consistent with human rights and the rule of law.

Following a brief overview of background facts, international and national responses, this document offers a series of recommendations for a human rights-compliant approach to addressing the flow and return of FTFs. It does not purport to provide an exhaustive analysis of its manifestations, states’ responses or the many human rights challenges arising in OSCE participating States from the challenge of FTFs. Nor does it purport to present straightforward solutions to a complex and multi-faceted problem. Instead, it seeks, through recommendations and supporting analysis, to suggest human rights approaches, consistent with states’ obligations and commitments, in light of concerns that have arisen in practice. In a rapidly evolving environment, we hope that this document will serve as a springboard for the further exchange of ideas, and sharing of good practices within and outside of the OSCE on addressing the challenges posed by FTFs in a manner responsive to security needs and compliant with human rights standards. This publication complements guidance documents developed by other international actors.

KEY RECOMMENDATIONS:

1. Reflect specific needs, concerns and vulnerabilities of both men and women and regularly review and evaluate the application of FTF measures and address any differential gendered impact they may have (p. 65).

2. Provide appropriate safeguards for legitimate activity such as human rights and humanitarian work, including by women’s groups and organizations, and in particular exempt humanitarian work in conflict zones from restrictions designed to counter FTF-related acts (p.21).

3. Enhance their understanding of the manifestations of FTF-activity, its drivers, causes and contributors, including the specific factors conducive to the participation of women and girls; and develop targeted, effective and evidence-based responses in line with their obligation to prevent and counter potential threats posed by FTFs (p. 28).

4. Conditions of detention for women accused or convicted of FTF-related offences must take into account the heightened risks of sexual abuse and other violence to which female detainees are exposed, and must accommodate gender-specific protection and other needs (p. 47).

5. It is important to guard against the “risk that humanitarian organizations associated with CVE/PVE programmes be seen by some states and non-state actors as politically motivated and therefore incapable to carry out a neutral, independent and impartial humanitarian action” (p. 59).

6. Ensure that responses to the threats and challenges posed by FTFs are not based on gender stereotypes, but based on evidence reflecting the varying roles of women and men, boys and girls and young adults (p. 64).

7. Acknowledge and address the roles of women and men as both agents/perpetrators of FTF related acts and as victims/survivors with related rights, including the right to receive tailored support and treatment (p. 65). 

8. Ensure accountability for sexual and gender-based violence, and ensure that victims receive necessary protection, support, assistance and treatment (p. 65).

9. Provide appropriate gender training for relevant professional groups, including judges, prosecutors, and border control, law enforcement, prison and probation services, as well as social services and others dealing with FTFs (p. 65).

10. Appropriately engage and empower women, including women’s groups and organizations, to address FTF-related challenges and dynamics without unduly instrumentalizing and securitizing their engagement (p. 65).

The full document is available here>>