A/72/287 treaties allow States to legitimately limit the exercise of some rights, provided that certain conditions are met, counter-terrorism measures imposing such limitations must not be discriminatory in nature. He further highlights that the principles of equality and non-discrimination have been recognized as norms of jus cogens from which no derogation is permitted, even in a state of emergency. 48. The International Convention on the Elimination of All Forms of Racial Discrimination calls for the elimination of racial discrimination in all its forms and manifestations. The Special Rapporteur considers the following pr ovisions to be especially relevant in the context of countering terrorism: the right to security of person, the right to freedom of movement and residence, the right to leave any country and the right to nationality (art. 5 (b) and (d) (i) -(iii)). 49. The Durban Declaration and Programme of Action urge States to take measures to end xenophobia and racial discrimination against, inter alia, migrants, refugees and indigenous peoples. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence calls upon States to take measures to eliminate hate speech and discriminatory practices based on nationality, ethnicity, religion or belief. 50. The United Nations Global Counter-Terrorism Strategy, adopted by the General Assembly in its resolution 60/288, is the first common strategic and operational framework to fight terrorism worldwide. Safeguarding the respect for human rights and the rule of law forms one of the four pillars of the Strategy. Its accompanying Plan of Action reaffirms that any measure taken to prevent and combat terrorism must comply with international law, including the Charter of the United Nations, human rights law, refugee law and international humanitarian law. The Strategy also stresses the need to address the structural conditions conducive to the spread of terrorism, including prolonged unresolved conflicts, dehumanization of victims of terrorism in all its forms and manifestations, lack of the rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socioeconomic marginalization and lack of good governance. 61 51. The Special Rapporteur welcomes the recent establishment of the United Nations Office of Counter-Terrorism to assist Member States in implementing the Strategy. 62 He is of the view that this reform provides an opportunity for better coordination and coherence of counter-terrorism efforts within the United Nations system. It also provides an opportunity for prompting a more integrated implementation of the four pillars, thus ensuring a balance between effective counter-terrorism measures and the protection and promotion of human right s. 52. The Special Rapporteur highlights that, since 2003, the General Assembly has adopted annual resolutions on the protection of human rights and fundamental freedoms while countering-terrorism. For example, in resolution 61/171 it reiterates that counter-terrorism measures should be implemented in full consideration of minority rights and must not be discriminatory on the grounds of race, colour, sex, language, religion or social origin. In resolution 63/185, it calls upon States not to resort to profiling based on stereotypes founded on grounds of discrimination, including discrimination on racial, ethnic and/or religious grounds. 53. A number of United Nations human rights mechanisms also have addressed the adverse human rights impact of counter-terrorism measures on certain groups. The Committee on the Elimination of Racial Discrimination, in its recommendation No. 30 (2004) on discrimination against non-citizens, called upon States parties to __________________ 61 62 17-13397 See General Assembly resolution 60/288, annex. See General Assembly resolution 71/291, para. 1. 13/23

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