A/72/287 Ongoing oversight and review 65. The Special Rapporteur learned that, in order to ensure consistency with human rights standards, some States have created oversight mechanisms tasked to review counter-terrorism legislation, practices and powers. 76 Such mechanisms can take various forms, including internal, executive, parliamentary, j udicial and specialized bodies. 77 In addition, some States have included sunset clauses, which require the periodic renewal of counter-terrorism laws or certain provisions within them. 78 66. The Special Rapporteur considers such mechanisms to be important, as they ensure ongoing review of counter-terrorism measures, thus allowing for assessment as to their legality, necessity, proportionality and effectiveness. Governments are encouraged to continuously reflect on, and make adjustment to, counter -terrorism laws and practices that are found to be inconsistent with human rights standards and the principle of non-discrimination. The review of the Anti-Terrorism Act by the Commissioner for Human Rights of Poland is one example. In 2016, the Commissioner challenged the Anti-Terrorism Act before the Constitutional Tribunal. He argued that the new legislation was inconsistent with the country’s human rights obligations, inter alia, because some provisions target foreign nationals and provide asymmetrical protection regimes for Polish citizens and non-nationals. 79 67. Moreover, oversight mechanisms ensure ongoing review of counter -terrorism powers conferred upon both State agencies and private security entities. Where discretionary powers are conferred, oversight mechanisms provide safeguards against, and accountability for, the arbitrary, unreasonable or discriminatory use of such powers against certain groups. They also help to prevent the normalization or de facto permanent existence of extraordinary powers introduced to fight terrorism. 80 The Special Rapporteur has previously addressed the important role of law enforcement oversight bodies in addressing practices such as racial and ethnic profiling. Strengthening such bodies becomes even more important as law enforcement powers are extended in the context of counter-terrorism. 81 68. Finally, the Special Rapporteur notes that some oversight mechanisms are authorized to receive and handle individual complaints by victims of racial discrimination. For example, Denmark, Norway and Sweden have special law enforcement officers attached to the office of the Prosecutor -General who receive and investigate complaints against police officers. 82 The Special Rapporteur believes that oversight mechanisms with a complaint handling function can play a crucial role in ensuring access to justice and remedies. 69. Examples show that oversight mechanisms can make an important contribution towards combating racism, xenophobia and discrimination in a counter __________________ 76 77 78 79 80 81 82 17-13397 European Commission for Democracy through Law (Venice Commission), “Report on counter terrorism measures and human rights”, 4 June 2010. Counter-Terrorism Implementation Taskforce Working Group on Protecting Human Rights while Countering Terrorism, “Basic human rights reference guide”; A/HRC/16/51; A/HRC/14/46. See, for example, United Kingdom, Terrorism Prevention and In vestigation Measures Act, chap. 23, sect. 21 (2011); Canada, Combating Terrorism Act, Statutes of Canada (Bill S-7), chap. 9, clause 12 (2013); Australia, Security Legislation Amendment (Terrorism) Act, No. 65, sect. 4 (2002). See Poland, Office of the Commissioner for Human Rights, “The Commissioner for human rights challenges the Anti-Terrorism Act before the Constitutional Tribunal”, 11 July 2016. Availab le from https://perma.cc/NHA7-J364. Counter-Terrorism Implementation Taskforce Working Group on Protecting Human Rights while Countering Terrorism, “Basic human rights reference guide”; A/HRC/16/51; A/HRC/14/46. See, in particular, A/71/301; A/HRC/29/46. A/HRC/29/46, paras. 52-54; A/71/301, para. 66. 17/23