A/72/287 ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens are not subjected to racial or ethnic profiling or stereotyping. 2. Regional standards 54. 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, 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. 63 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. 64 55. 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 (2015), the African Commission on Human and Peoples’ Rights emphasizes that terrorism must not be associated with any religion, nationality, civilization or group and that States shall ensure that counterterrorism measures do not target individuals on a discriminatory basis, including on the grounds of race, ethnicity, colour, or national origin. Any measures taken to prevent and combat terrorism must comply with States’ obligations under international human rights, humanitarian and refugee law. It also provides that States must not use combating terrorism as a pretext to unlawfully and arbitrarily restrict fundamental freedoms. When human rights abuses have occurred in the context of countering terrorism, States are obliged to ensure accountability and to provide those affected with an effective remedy and reparation. 65 Furthermore, the Protocol to the OAU Convention on the Prevention of Terrorism obliges States to outlaw the discriminatory and racist treatment of terrorist suspects (art 3.1 (k)). 56. The Organization of American States has adopted several instrume nts aimed at combating racism and xenophobia, including the American Convention on Human Rights and the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance. Once it has entered into force, the latter Convention obliges 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 57. The Special Rapporteur recalls that States have an obligation to ensure that national counter-terrorism legislation and policies and their implementation are in __________________ 63 64 65 14/23 See European Commission against Racism and Intolerance, general policy recommendation No. 8 (2004) on combating racism while fighting terrorism, fifth recommendation to the Governments of member States. Ibid., sixth recommendation to the Governments of member States. See African Commission on Human and Peoples’ Rights, “Principles and guidelines on human and peoples’ rights while countering terrorism in Africa”, 2015. Available from https://perma.cc/8TT6-MQ78. 17-13397