A/72/287
compliance with international law, including human rights law, refugee law and
humanitarian law. Any counter-terrorism measures must therefore comply with the
principles of legality, necessity, proportionality and non -discrimination. He is
pleased to note that many States have developed national standards in orde r to
ensure that their domestic counter-terrorism frameworks comply with human right
standards. Such measures include review mechanisms for draft legislation, overs ight
bodies and sunset clauses. 66 He has elaborated on some of these measures in the
following section on good practices.
D.
Good practices in combating racism, xenophobia and
discrimination in the context of countering terrorism
58. The Special Rapporteur draws attention to examples of good practices that
could be shared among different stakeholders and subsequently be replicated in, or
adapted to, local contexts. While not exhaustive, the good practices described in the
present report provide an overview of some of the legal, policy and institutional
measures that have been adopted to combat racism, xenophobia and discrimination
in the context of countering terrorism. The Special Rapporteur considers measures
taken by various actors at different levels, including States, international and
regional organizations, civil society and the private sector. It is, however, important
to acknowledge that some practices may contain positive as well as some negative
elements. A citation of such measures as good practices does not therefore imply an
endorsement of all their aspects.
1.
Non-discrimination provisions in laws and policies
59. The Special Rapporteur is pleased to note that many States have made
progress in strengthening the rights to equality and non-discrimination on the
grounds of race, religion, national or ethnic origin and other gro unds by enshrining
them in national legislation and policies.
60. The Special Rapporteur has observed that a growing number of States have
codified prohibitions on racial discrimination and xenophobia — either in specific
anti-discrimination legislation or included in other general legislation. States have
included non-discrimination provisions in a variety of national legal instruments,
including in laws incorporating the International Convention on the Elimination of
All Forms of Racial Discrimination in domestic law, constitutions, criminal codes,
migration and refugee laws, laws regulating the work of intelligence agencies and
laws outlawing racial profiling. The Special Rapporteur welcomes such legislative
initiatives and would further like to encourage States to integrate specific
non-discrimination provisions into their domestic counter -terrorism laws.
61. The Special Rapporteur is pleased to note the adoption of national action
plans, strategies and policies designed to combat racism and xenophobia and to
promote the social integration of individuals belonging to minorities. 67 The
Anti-Racial Discrimination Section of the Office of the United Nations High
Commissioner for Human Rights provides States with practical guidance concerning
the development and implementation of such national action plans. 68 The Special
__________________
66
67
68
17-13397
Counter-Terrorism Implementation Taskforce Working Group on Protecting Human Rights while
Countering Terrorism, “Basic human rights reference guide: conformity of national counter terrorism legislation with international human rights law” (New York, 2014), paras. 55, 61. See
also A/HRC/16/51, para. 19; A/HRC/14/46, para. 13.
A/HRC/26/50, para. 45; A/71/301.
Developing National Action Plans against Racial Discrimination: A Practical Guide (United
Nations publication, Sales No. E.13.XIV.3).
15/23