A/72/287
xenophobia among the public. The Special Rapporteur welcomes this good practice
and encourages the media and journalists to work with the Ombudsperson to
develop voluntary ethical codes of conduct and self-regulatory measures, policies
and practices to combat racism. He also encourages States to ensure diversity of
voices through incentives and support to community media providing visibility and
voice to victims of racism. 109
III. Conclusions and recommendations
86. The upsurge in terrorist attacks in recent times has prompted States in
various regions of the world to adopt a variety of counter-terrorism measures.
While the Special Rapporteur acknowledges the necessity for States to take
measures to combat terrorism, he nonetheless expresses his concern that
certain groups are disproportionately affected by counter-terrorism measures.
Such measures are not only contrary to the principle of non-discrimination, but
also prevent affected communities from fully enjoying a wide variety of other
human rights.
87. The Special Rapporteur recalls that, in line with General Assembly
resolution 60/288 on the United Nations Global Counter-Terrorism Strategy,
the prevention of racism, racial discrimination, xenophobia and related
intolerance should be an integral part of any strategy to prevent and fight
against terrorism. In this regard, he also recalls general recommendation
No. 30 (2004) on discrimination against non-citizens of the Committee on the
Elimination of Racial Discrimination, according to which States parties must
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. The Special Rapporteur recommends that States
incorporate concrete measures and adequate mechanisms to prevent racism
and xenophobia into their national counter-terrorism frameworks. Such
measures include non-discrimination provisions in relevant legal and policy
documents as well as the establishment of appropriate oversight mechanisms
tasked to review counter-terrorism legislation, practices and powers.
88. The Special Rapporteur reiterates that the systematic collection of
disaggregated data is particularly important in the context of counter terrorism. He recommends the collection of disaggregated data and statistics on
the number of cases of racism and xenophobia reported to the authorities,
including the percentage of investigations and prosecutions undertaken
following such complaints and their outcome. He also recommends that States
collect data on law enforcement practices and the use of administrative
measures. In that regard, he encourages States to promote the implementation
of good practices, such as the use of registration forms for the police to record
all identity checks or house searches. Such forms could provide the victims of
racial profiling with a record of their encounter with the police that could be
used as proof when seeking remedy.
89. Furthermore, the Special Rapporteur recommends that States ensure
adequate resources for human rights and non-discrimination training for all
relevant officials involved in combating terrorism. He emphasizes that training
efforts need to be accompanied by comprehensive education and awarenessraising initiatives. In particular, the Special Rapporteur calls for sustained
public campaigns and initiatives to be undertaken to change the social
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A/HRC/35/41/Add.1, paras. 80-81 and 114-116.
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