A/68/297 59. The Special Rapporteur recognizes that parties to conflict may be reluctant to conclude such agreements for fear of legitimizing the other party or due to concerns that they may concede control over territory or governmental functions. 93 However, many of these objections can be overcome by measures such as decoupling human rights agreements from ceasefire or power-sharing negotiations, explicitly stating that such negotiations will not affect political recognition or mediating negotiations through a mutually trusted third party, and should not be seen as insurmountable. 94 States should also ensure that such initiatives are not hampered by overly broad counter-terrorism laws. Many counter-terrorism laws currently criminalize all forms of engagement with organizations listed as terrorist groups, deterring many humanitarian agencies from engaging with armed groups on their human rights responsibilities for fear of being labelled as or connected to armed groups termed “terrorists”. 95 C. Intergovernmental and non-governmental organizations 60. The right to health framework recognizes that international and non-governmental organizations have particular importance in relation to disaster relief and humanitarian assistance in times of emergencies, including providing assistance to refugees and internally displaced persons. 96 International and non-governmental organizations may also be involved in conflict as monitors, mediators, peacekeeping forces and territorial administrators. Such organizations should ensure that they take due account of the right to health in their decisions and activities, including by adopting rights-based health policies, paying special attention to the needs of vulnerable groups and ensuring participation of affected communities. They should ensure that robust accountability mechanisms exist, particularly in peacekeeping and peace-enforcement situations. These include effective disciplinary systems, clear operational standards, systems for monitoring and data collection, and accessible independent dispute-resolution systems, especially for international organizations that enjoy immunity from domestic jurisdiction. VI. Accountability and remedies 61. Accountability is an essential aspect of the right to health framework. It requires independent monitoring, prompt investigations, transparent governance, including collecting and disseminating accurate and complete information to the public, and access to remedies for victims of violations. These requirements are also addressed under international humanitarian law, which obliges States to prevent, __________________ 93 94 95 96 20/24 See Geneva Academy of International Humanitarian Law and Human Rights, Rules of Engagement: Protecting Civilians through Dialogue with Armed Non-State Actors (Geneva, 2011), pp. 5-7, Available from www.geneva-academy.ch. See also the report of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/HRC/6/17 and Corr.1), paras. 42-50. Geneva Academy, Rules of Engagement, pp. 8-57. Naz K. Modirzadeh, Dustin A. Lewis and Claude Bruderlein, “Humanitarian engagement under counter-terrorism: a conflict of norms and the emerging policy landscape”, Review of the International Committee of the Red Cross, vol. 93, No. 883 (September 2011), p. 623. Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 65. 13-42297

Select target paragraph3