A/72/287
Rapporteur notes that a few countries have included explicit references to human
rights and non-discrimination in their national policies on counter -terrorism. For
example, the counter-terrorism strategy of Switzerland is aimed, inter alia, at
preventing the stigmatization of minorities and disc riminatory profiling practices. 69
In other countries, the principles of equality and non -discrimination have been
integrated into various codes of conducts. In Mexico, the code of conduct for
federal civil servants includes a non-discrimination provision. 70 In France, the code
of conduct for the national police prohibits the discriminatory use of ethnicity,
religion and national origin in targeting persons a s suspects. The code applies to all
national law enforcement officials, including those carrying out immigration an d
counter-terrorism functions. 71
2.
Oversight and accountability mechanisms
62. The Special Rapporteur notes with interest that some Stat es have adopted
measures designed to ensure the compliance of their domestic counter -terrorism
frameworks with international human rights, refugee and humanitarian law. Such
measures include the establishment of mandatory review procedures for proposed
and existing counter-terrorism legislation and polices as well as the creation of
oversight mechanisms for agencies involved in combating terrorism.
Review of draft legislation
63. The Special Rapporteur is pleased to note that a number of States have
introduced procedures for assessing the potential human rights impact of draft
legislation, including any adverse impact of counter-terrorism laws on certain
groups. For example, the Attorneys General of New Zealand and Canada are required
to report to Parliament where a bill appears to be inconsistent with the country’s
human rights obligations under domestic law. 72 Under the Human Rights Act 1998 of
the United Kingdom, the Minister in charge of a bill is obliged to provide Parliament
with a written statement as to the compatibility of the bill with the Europ ean
Convention on Human Rights. 73 The Special Rapporteur considers such mechanisms
to be important, as they ensure that the legislature is aware of the potential human
rights implications when enacting or amending counter -terrorism legislation.
64. The Special Rapporteur highlights the important advisory role of national
human rights institutions and equality bodies, which can lend the ir expertise to
Governments by providing in-depth human rights impact assessments of draft
counter-terrorism laws and policies. 74 The opinion of 17 March 2016 of the French
Commission nationale consultative des droits de l’homme on the draft law on
fighting organized crime and terrorism is a good example. In this opinion, the
Commission expressed concern regarding the expansion of law enforcement powers
with respect to identity checks. The Commission criticized, inter alia, the failure to
include safeguards against the discriminatory application of these powers. 75
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70
71
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73
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Switzerland, Federal Council, “Strategie der Schweiz zur Terrorismusbekämp fung” (September
2015), sect. 5.1 (in German).
A/71/301, para. 77.
Commission nationale de déontologie de la sécurité, saisine No. 2009.77.
Canada, Department of Justice Act, sect. 4.1 (1985); New Zealand, Bill of Rights Act, sect. 7
(1990).
United Kingdom of Great Britain and Northern Ireland, Human Rights Act, chap. 42, sect. 10
(1998).
See Council of Europe, “National human rights structures: protecting human rights while
countering terrorism”, 6 December 2016. Available from https://perma.cc/TV74-629K.
Légifrance, “Avis sur le projet de loi renforçant la lutte contre le crime organ isé, le terrorisme et
leur financement, et améliorant l’efficacité et les garanties de la procédure pénale”, 4 June 2016.
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