A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
51
C. The European Commission against Racism and Intolerance
(ECRI)
108. In its General Policy Recommendation No. 8 on combating racism
while fighting terrorism, published on 8 June 2004, ECRI considered it the
duty of the State to fight against terrorism; stressed that the response should
not itself encroach on the values of freedom, democracy, justice, the rule of
law, human rights and humanitarian law; stressed that the fight against
terrorism should not become a pretext under which racial discrimination
was allowed to flourish; noted that the fight against terrorism since
11 September 2001 had in some cases resulted in the adoption of
discriminatory legislation, notably on grounds of nationality, national or
ethnic origin and religion; stressed the responsibility of member States to
ensure that the fight against terrorism did not have a negative impact on any
minority group; and recommended States:
“... to review legislation and regulations adopted in connection with the fight against
terrorism to ensure that these do not discriminate directly or indirectly against persons
or group of persons, notably on grounds of ‘race’, colour, language, religion,
nationality or national or ethnic origin, and to abrogate any such discriminatory
legislation.”
V. THE NOTION OF A “PUBLIC EMERGENCY” UNDER ARTICLE 4
OF THE INTERNATIONAL COVENANT ON CIVIL AND
POLITICAL RIGHTS (ICCPR)
109. Article 4 § 1 of the ICCPR states as follows:
“In time of public emergency which threatens the life of the nation and the existence
of which is officially proclaimed, the States Parties to the present Covenant may take
measures derogating from their obligations under the present Covenant to the extent
strictly required by the exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do not involve
discrimination solely on the ground of race, colour, sex, language, religion or social
origin.”
In spring 1984, a group of thirty-one experts in international law,
convened by the International Commission of Jurists, the International
Association of Penal law, the American Association for the International
Commission of Jurists, the Urban Morgan Institute for Human Rights and
the International Institute of Higher Studies in Criminal Sciences, met in
Siracusa (Italy) to consider the above provision, inter alia.
Paragraphs 39-40 of the resulting “Siracusa Principles on the Limitation and
Derogation Provisions in the International Covenant on Civil and Political
Rights” declare, under the heading “Public emergency which threatens the
life of the nation”:
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