A/HRC/35/41 1. International standards 77. 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 provisions to be especially relevant in the context of countering terrorism: the right to freedom of movement and residence, the right to leave any country and the right to nationality (art. 5 (d) (i), (ii) and (iii)).54 78. Similarly, the Durban Declaration and Programme of Action urges States to take measures to end xenophobia and racial discrimination against, inter alia, migrants, refugees and indigenous peoples. 55 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. 56 79. The United Nations Global Counter-Terrorism Strategy, adopted by the General Assembly in its resolution 60/288, is the first comprehensive, collective and internationally approved framework for tackling the problem of terrorism worldwide. It aims at balancing the defence of human rights and upholding the rule of law while countering terrorism. 57 The Plan of action accompanying the Strategy recognizes that any measure taken to prevent and combat terrorism must comply with international law, including the Charter of the United Nations, and in particular human rights law, refugee law and international humanitarian law. 80. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has referred in several of his reports to the measures to ensure respect for the human rights of all and the rule of law, which form one of the action points of the Strategy. Member States resolved 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 rule of law and violations of human rights, ethnic, national and religious discrimination, political exclusion, socioeconomic marginalization and lack of good governance. They called for action to be taken to address those conditions, while recognizing that none of them excused or justified acts of terrorism. 81. The Special Rapporteur is of the view that the Strategy provides an appropriate framework for States to ensure a balance between effective counter-terrorism measures and the protection of human rights. He notes that the measures proposed in the Plan of action are not conflicting, but rather complementary and mutually reinforcing goals, which would enable States to uphold the rule of law while countering terrorism. 82. The Special Rapporteur highlights General Assembly resolution 61/171 on protection of human rights and fundamental freedoms while countering terrorism, which reaffirms 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. He also highlights General Assembly resolution 63/185, which calls upon States not to resort to profiling based on stereotypes founded on the grounds of discrimination on the basis of race, ethnicity or religion. 2. Regional standards 83. The Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (art. 14) and Protocol No. 12 thereto prohibit any kind of discrimination, while Protocol No. 4 to the Convention provides for freedom of movement (art. 2). The European Commission against Racism and Intolerance, in its general policy recommendation No. 8 (2004) on combating racism while fighting terrorism, recommends, 54 55 56 57 16 See www.ohchr.org/Documents/ProfessionalInterest/cerd.pdf. See www.un.org/en/durbanreview2009/pdf/DDPA_full_text.pdf. See www.un.org/en/preventgenocide/adviser/pdf/Rabat_draft_outcome.pdf. See A/60/825.