A/HRC/16/51 Annex Ten areas of best practice in countering terrorism The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism advocates the following 10 best practices in countering terrorism as concrete models for wider adoption and implementation by Member States. Practice 1. Model provisions on consistency of counter-terrorism law with human rights and refugee law, and humanitarian law All legislation relating to the combating of terrorism is subject to the following guarantees and procedures: 1. Proposals for new legislation or amendments to existing laws, shall include a written statement bringing to the attention of the Legislature any provision in the proposal that appears to be inconsistent with the purposes and provisions of norms of international human rights and refugee law that are binding upon the State. 2. The Legislature shall, through a specialized body or otherwise, review and ensure that any law approved by it conforms to the norms of international human rights and refugee law that are binding upon the State. 3. The judiciary shall be entrusted with ensuring that laws do not breach norms of international human rights and refugee law that are binding upon the State. In discharging this duty, the courts shall apply the techniques available to them under the Constitution, such as: (a) Adopting an interpretation of the law that is consistent with the purposes and provisions of norms of international human rights and refugee law that are binding upon the State; (b) Declaring that part of the law is without legal effect; (c) Declaring that the inconsistent law is to be of no force or effect, either with immediate effect or after a period of time that allows the Government to take remedial steps. 4. If the State is involved, as a party, in an ongoing armed conflict, the above provision shall apply also to securing compliance with principles and provisions of international humanitarian law, without prejudice to the obligation to comply with international human rights and refugee law. Practice 2. Model provision on consistency of counter-terrorism practices with human rights and refugee law, and humanitarian law In the application and exercise of all functions under the law relating to terrorism, it is unlawful for any person to act in any way that is incompatible with the purposes and provisions of international human rights and refugee law that are binding upon the State. In this regard: 1. The exercise of functions and powers shall be based on clear provisions of the law that exhaustively enumerate the powers in question. 20