A/HRC/4/26 page 11 particular, by the principles of impartiality and non-discrimination”.18 A provision specifically directed against the use of profiles that are based on racial characteristics is to be found in the Programme of Action adopted at the World Conference against Racism in 2000, urging States “to design, implement and enforce effective measures to eliminate the phenomenon popularly known as ‘racial profiling’”.19 42. The Special Rapporteur notes that several international and regional human rights bodies have highlighted the risk of discrimination presented by law-enforcement efforts to counter terrorism. The Committee on the Elimination of Racial Discrimination has called on States to “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”.20 The Special Rapporteur agrees with this view and believes that this is equally applicable to the profiling of persons based upon their religion. At the regional level, the Inter-American Commission on Human Rights, in its Report on Terrorism and Human Rights, has cautioned that “any use of profiling or similar devices by a state must comply strictly with international principles governing necessity, proportionality, and non-discrimination and must be subject to close judicial scrutiny”.21 The European Commission against Racism and Intolerance (ECRI), in its Policy Recommendation No. 8 on combating racism while fighting terrorism, has asked Governments to ensure that no discrimination ensues from legislation and regulations, or their implementation, in the field of law-enforcement checks.22 Finally, the EU Network of independent experts on fundamental rights has expressed serious concerns about the development of terrorist profiles; profiling on the basis of characteristics such as nationality, age or birthplace, the experts have cautioned, “presents a major risk of discrimination”.23 18 Recommendation Rec (2001)10 of the Committee of Ministers to member States on the European Code of Police Ethics, 19 September 2001, Appendix, Explanatory Memorandum, article 40. 19 Report of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (A/CONF.189/12), Programme of Action, para. 72. 20 United Nations Committee on the Elimination of Racial Discrimination, general recommendation 30 on discrimination against non-citizens (2004) (see HRI/GEN/1/Rev.8) para. 10. 21 Inter-American Commission on Human Rights, Report on Terrorism and Human Rights (OEA/Ser.L/V/II.116), 22 October 2002, para. 353. 22 ECRI, General Policy Recommendation No. 8 on combating racism while fighting terrorism, 17 March 2004, document CRI (2004) 26. 23 EU Network of independent experts on fundamental rights, “The balance between freedom and security in the response by the European Union and its member States to the Terrorist Threats” (2003), p. 21.