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