K. Freedom from Discrimination
The prohibition against discrimination on grounds including race, color, sex, religion,
political opinion, and national or social origin is a core human rights norm considered
to be jus cogens. States must respect it in all circumstances.
United Nations
While it understands the security requirements relating to the events of 11
September 2001, and takes note of the appeal of [the State party] for respect for
human rights within the framework of the international campaign against
terrorism, the [Human Rights] Committee expresses its concern regarding the
effect of this campaign on the situation of human rights in [the State party], in
particular for persons of foreign extraction…. The State party is … requested to
undertake an educational campaign through the media to protect persons of
foreign extraction, in particular Arabs and Muslims, from stereotypes
associating them with terrorism, extremism and fanaticism.
--CCPR/CO/74/SWE, para. 12 (2002).
*****
Since 11 September 2001, the UN Committee on the Elimination of Racial
Discrimination has addressed in several instances the relationship between terrorism
and racial discrimination:
While acknowledging the efforts made to confront the scourge of terrorism, the
Committee is concerned about reports that members of particular groups … are
singled out by law-enforcement officials. In this regard, the Committee draws
the State party's attention to its statement of 8 March 2002 in which the
Committee underlines the obligation of States to "ensure that measures taken in
the struggle against terrorism do not discriminate in purpose or effect on
grounds of race, colour, descent, or national or ethnic origin" (A/57/18,
paragraph 514, Statement on racial discrimination and measures to combat
terrorism , paragraph 5 of the Statement).
--CERD/C/62/CO/7, para. 24 (2003).
*****
The Committee is concerned about reports of a considerable increase in reported
cases of widespread harassment of people of Arab and Muslim backgrounds
since 11 September 2001. The Committee recommends that the State party
monitor this situation carefully, take decisive action to protect the rights of
victims and deal with perpetrators, and report on this matter in its next periodic
report.
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