A/HRC/35/41
inter alia, that States guarantee in a non-discriminatory way the freedoms of association,
expression, religion and movement and ensure that no discrimination ensues from
legislation and regulations or their implementation. 58 It also recommends that States ensure
that their national legislation expressly includes the right not to be subject to racial
discrimination among the rights from which no derogation may be made even in time of
emergency.59
84.
The African Charter on Human and Peoples’ Rights provides for the right to
freedom from discrimination of any kind (art. 2) and the right to freedom of movement (art.
12). In its Principles and Guidelines on Human and Peoples’ Rights while Countering
Terrorism in Africa, the African Commission on Human and Peoples’ Rights, states, in
relation to fundamental freedoms, that “States shall not use combating terrorism as a pretext
to restrict fundamental freedoms …” (p. 14).60
85.
The Organization of American States has adopted several instruments aimed at
combating racism and xenophobia, the main one being the American Convention on
Human Rights (Pact of San José). More specifically, the Inter-American Convention
against Racism, Racial Discrimination and Related Forms of Intolerance provides for States
parties to ensure that the adoption of measures of any kind, including those on security
matters, does not discriminate directly or indirectly against persons or groups on the basis
of race, colour, lineage or national or ethnic origin (art. 8).
3.
National standards
86.
The Special Rapporteur notes that, in promulgating counter-terrorism legislation,
many States have implemented review mechanisms to ensure that legislation is concordant
with human rights standards. Some States have also included sunset clauses in their
counter-terrorism laws, which require renewal to stay in effect.61 The Special Rapporteur
will further examine and review the national standards designed to counter racism and
xenophobia in the context of countering terrorism in his next thematic report to be
submitted to the General Assembly later this year.
F.
Good practices
87.
Despite the disturbing trend towards racist and xenophobic rhetoric and policies as a
response to fears of terrorism, some countries have taken concrete and effective steps to
combat racism and xenophobia.
88.
For example, in order to counter Islamophobic sentiment caused, in part, by the
large influx of Syrian refugees and the fear of a terrorist attack, Argentina has prepared an
awareness-raising and training plan to be implemented in all schools. The plan is aimed at
combating ignorance about Islam and Muslims by teaching students about the history of
Islam and Muslim beliefs and elucidating the prejudices that have led to the association of
Muslims and Arabs with terrorism. 62
89.
The Special Rapporteur learned that Greece has issued recommendations to combat
the rising racist and xenophobic violence within its borders, including through “improved
training of the police and the judiciary with regard to racist crimes”.63 Spain has developed
a project to train national and local police and security forces on identifying racist and
xenophobic incidents.64
58
59
60
61
62
63
64
See fifth recommendation to governments of member States.
See sixth recommendation to governments of member States.
See www.achpr.org/files/instruments/principles-guidelines-countering-terrorism/principles_and_
guidelines_on_human_and_peoples_rights_while_countering_terrorism_in_africa.pdf.
See A/HRC/16/51.
See www.lanacion.com.ar/1937158-capacitaran-a-alumnos-para-que-entiendan-de-que-se-trata-elislam.
See A/HRC/32/50/Add.1.
See A/HRC/23/56/Add.2.
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