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. 17

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