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,
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95
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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.
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