Security and Counter-terrorism

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Human rights must become foundational principles to all security responses.

In the 20 years since 9/11, global bodies and governments across the world have used counter-terrorism/financing, anti-money laundering and national security laws (including most recently emergency related regulation) and narratives to restrict and criminalise the rights to association, assembly, expression, privacy and participation.  

Together with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, we have documented over 150 security-related measures, including counter-terrorism financing and anti-money laundering laws. These have negative impact on human rights and CSOs either because of poor design or intentional misuse to target activists.   

Typical restrictions include: 

  • increased supervision of civil society with unjustified government interference; 
  • requests for additional administrative documents adding burden and distracting organisations from their missions; 
  • surveillance over the work of organisations and activists; 
  • sanctions on humanitarian aid; 
  • criminalization and killing of protesters and activists who speak against government policies; 
  • limitations on how funding can be raised from communities or received from foreign sources; 
  • blocking apps, internet access and social media platforms; 
  • suspension or closure of bank accounts; 
  • labelling of activists as terrorists or extremists.  

These measures affect different sectors and activists – humanitarian, human rights, peace building, environmental and women rights groups.   

Most recently states repurposed security measures to respond to the pandemic. Technology and biometrics are used and misused to target and deter activists on counter terrorism grounds.  

Issues we work on
Countering the financing of terrorism

The implementation of the Financial Action Task Force (FATF) Recommendation 8 on how states should prevent the financing of terrorism needs to be improved.  It should not be used to target CSOs and the FATF should hold states accountable when they misuse the Recommendation for silencing dissent. Read more about how this can be achieved and what we do to support better implementation of the recommendations. 

Anti-money laundering legislation

States impose burdens on raising and transferring funds and additional obligations to CSOs, which are not proportionate to the size and activity of  non-profits. The FATF and the EU can change these practices by recognizing this problem and putting forward clearer rules adequate to the work and nature of the nonprofit sector. Read about current initiatives that aim to achieve these changes. 

Risk assessments

Countries need to consult and engage various civil society groups when undertaking national and regional risk assessments to comply with the FATF or EU requirements. Read about successful ways CSOs and governments have collaboration to create risk assessments based on partnership, and what FATF and other bodies can do to ensure more consistent practices across countries. 

Bank de-risking

Banks are abandoning non-profits as clients, limiting bank transfers and raising suspicious flags when non-profits want to raise funds or deliver aid.  The problem is widely recognized but not yet solved. Read about global efforts and multi-stakeholder initiatives we work on that aim to ensure financial inclusion of the sector rather than abandonment. 

Global Counter-Terrorism Architecture

The United Nations has dramatically expanded counter-terrorism norms through numerous Security Council resolutions and the establishment of an expansive counter-terrorism architecture. Despite recent, modest improvements, this architecture lacks adequate human rights and civic space protections and provides very limited opportunities for CSO participation. Read about ways this system can be reformed to safeguard rights, peace and development and efforts we undertake with partners to ensure that human rights are foundational principles of counter-terrorism efforts. 

Tech and Counter-Terrorism

Government officials increasingly use emerging technology, and AI, for the purpose of predictive analytics and monitoring of CSOs (and their transactions), to detect potential cases of terrorist financing and money laundering. However currently there are no strong safeguards that can limit potential negative impact on human rights and civic space. For example, widespread data collection and biometrics are disproportionately affecting protesters, environmental and human rights defenders and marginalised groups. Much more evidence, scrutiny, and safeguards are therefore needed to justify the use of technology and AI in this context. Read about the work we are launching to address this emerging trend. 

Counter-Terrorism in emergency responses

Most recently governments repurposed security and counter-terrorism measures to limit rights under the justification that they respond to the COVID-19 pandemic. According to ICNL/ECNL’s COVID-19 Civic Freedoms Tracker, at least 109 countries have emergency declarations, with 58 of these measures affecting freedom of expression, 152 affecting freedom of assembly, and 61 measures affecting the right to privacy. 

Take action: Concerned about the impact of counter-terrorism measures on civil society? Send your concerns to the FATF directly – read how and when.

How do we do it?
  1. We collect evidence to document negative impact.
  2. We create movements of organisations globally and across regions to increase awareness and knowledge of the trends we see, document cases from the field, support national reform, facilitate access to global bodies and form partnership to co-create solutions.
  3. We collaborate and jointly advocate with global and regional coalitions to inform global approaches but also challenge restrictive practices and demand access to CSOs in global processes. 
  4. We provide expertise to member states and global counter-terrorism bodies, such as the FATF, to support them in efforts to address (un)intended consequences and improve implementation of their recommendations. 
Engage with us and our partners

ECNL co-created the Global Expert Hub on FATF/AML which currently includes over 80 activists from 45 countries, empowered to apply the standard and rebut attacks on their operations. These actors are the catalysts for change as they build national and regional coalitions creating resilience and navigation tactics for practitioners to manage restrictions and further deepen country engagement on the issues. Get in touch if you want to join our Hub and learn more! 

The Global NPO Coalition on FATF (Financial Action Task Force) is a loose coalition of groups from across the world that was initially set up to advocate for reform of the FATF Recommendation 8 to minimize negative impact on the work of CSOs. After this was successfully achieved in 2016, the coalition continued to work to support better implementation of the Recommendation 8 and to ensure that CSOs continues to be effectively engaged in future FATF processes and debates on anti-money-laundering, combatting terrorism financing and de-risking. ECNL is one of the co-leaders of the Coalition. 

The CSO Coalition on Human Rights and Counter-Terrorism includes over 30 international, regional and national human rights, humanitarian and peacebuilding organizations. For the past few years, we have collaborated closely to raise awareness of negative impact of UN policies and resolutions on human rights and civic space, and most recently engaged with broader groups to provide input in the review of the 7th UN Global Counter-Terrorism Strategy (GCTS). ECNL is one of the core-group members. 

The European coalition on EU CT/CFT strategy includes EU based networks and organizations jointly advocating towards the EU on issues of the EU counter-terrorism action plan and strategy, anti-money laundering regulation and supra national risk assessments. 

The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism is an independent expert appointed by the UN Human Rights Council. The mandate, among other tasks, reviews country legislation and issues statements and communications and develops reports which document restrictive approaches and good practices.

We are also members of:

  • The FATF Private Consultative Forum (PCF), which is an annual meeting hosted by FATF. During the meetings various sectors discuss most relevant issues regarding anti-money laundering and counter-terrorism financing, including the impact and possible solutions. ECNL represents the ICNL Alliance at this meeting and holds one of the 4 seats allocated to CSOs. See more here. 
  • The Global Internet Forum to Counter Terrorism (GIFCT) brings together the technology industry, government, civil society, and academia to foster collaboration and information-sharing to counter terrorist and violent extremist activity online. ECNL is a member of the Crisis Response & Incident Protocols working group. For more, see here.

Visit ECNL's Learning Center to find out more about the impact of security standards on civil society work!

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