46 ... ... ... ... .. C I V I L L I B E RT I E S terrorism 'do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin.' India is a State party to the Convention on the Elimination of All Forms of Racial Discrimination (CERD). ● For its part, the UN Human Rights Committee, set-up under the 1966 International Covenant on Civil and Political Rights, has systematically raised questions during its examination of State reports regarding the compatability of measures taken by States to counter terrorism with their obligations under that Covenant (ICCPR). It will be recalled that India is a State party to the Covenant, and that specific reference is made in section 2 (1)(d) & (f) of the Protection of Human Rights Act, 1993 to that Covenant. Of particular importance, in this connection, is General Comment No. 29 on Article 4 of the ICCPR, which was adopted by the Human Rights Committee on 24 July 2001. It deals at length with the issue of when and which rights can be derogated from, and to what extent, under the provisions of the Covenant. 4.14 In this connection it is also important to recall that Security Council resolution 1373 of 28 September 2001 established new international legal obligations on States to take a number of specific measures, and to cooperate, against terrorism. In far-reaching proceedings dealing with the implications of this resolution, the Human Rights Committee has stressed, inter alia, that legislation enacted pursuant to Security Council resolution 1373 must be in 'full conformity' with the ICCPR, and that 'fear of terrorism does not become a source of abuse' of human rights. 4.15 These developments and observations of UN Treaty Bodies have been recorded at some length because of the global context in which our country is having to combat and eliminate terrorism and the treaty obligations that India is required to observe. They are also recalled because of the stand that this Commission has taken in respect of anti-terrorism legislation. That stand was reiterated in a signed statement issued by the Commission on 21 February 2003, which reads as follows: "(i) The Commission has, over the years, developed a consistent position in respect of anti-terrorism legislation. This position has been elaborated in greatest detail in the Opinions that it wrote on 14 July 2000 and 19 November 2001, in respect of the Draft Prevention of Terrorism Bill, 2000 and the subsequent Prevention of Terrorism Ordinance, 2001, both of N AT I O N A L H U M A N R I G H T S C O M M I S S I O N

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