A/HRC/4/26
page 24
82.
The United Nations Global Counter-Terrorism Strategy adopted by the
General Assembly in its resolution 60/288 of 8 September 2006 includes the following list of
conditions conducive to the spread of terrorism: 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, socio-economic
marginalization, and lack of good governance. The strategy calls for action to combat these
conditions while it makes clear that none of these conditions can excuse or justify terrorism. The
Special Rapporteur echoes these statements and underlines the need to address the conditions
mentioned also in order to prevent suicide terrorism.
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Profiling
83.
Terrorist-profiling practices that are based on “race” are incompatible with human
rights. Profiling based on ethnicity, national origin and/or religion involves differential
treatment of comparable groups of people. Such differential treatment is only compatible
with the principle of non-discrimination if it is a proportionate means of countering
terrorism. Profiling practices based on ethnicity, national origin and/or religion regularly
fail to meet this demanding proportionality requirement: not only are they unsuitable and
ineffective means of identifying potential terrorists, but they also entail considerable
negative consequences that may render these measures counterproductive in the fight
against terrorism.
84.
The Special Rapporteur recommends either universal or random security checks as
preferred alternatives, instead of measures based on profiling. Universal or random
checks are non-discriminatory and at the same time impossible for terrorists to evade, and
hence more effective than measures based on profiling.
85.
To the extent that States are to rely on counter-terrorism efforts based on profiling,
the Special Rapporteur recommends they be based on individual conduct, that is,
behaviour rather than ethnic or religious characteristics.
86.
The Special Rapporteur recommends that States establish clear and strict standards
as to what factors law-enforcement agents may or may not employ for their search efforts
in the counter-terrorism context. These guidelines should make clear that criteria such as
ethnicity, national origin and religion may only be used in very limited circumstances:
namely, for descriptive profiles or where there is specific intelligence suggesting that
someone fulfilling these characteristics is preparing a terrorist act. Furthermore, these
standards should make clear that any terrorist-profiling practices that involve interference
with the freedom of movement, the right to liberty or the right to privacy - regardless of
the criteria on which they are based - must strictly comply with the principle of
proportionality.
87.
The Special Rapporteur calls on States to ensure that the use of terrorist-profiling
practices by law-enforcement agencies is clearly documented and monitored. Thus,
law-enforcement officers should be required to record the stops and searches they carry
out for counter-terrorism purposes, including the outcomes of the stops. This data is not
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