catastrophe qualifies as a public emergency which threatens the life of the nation.’119 The nature of the measures that may be taken when derogating from rights under the Covenant ‘is that such measures are limited to the extent strictly required by the exigencies of the situation.’ Such limitation may include duration, geographical coverage and material scope of the state of emergency.120 Constitutional and legal provisions should ensure that compliance with Article 4 of the ICCPR can be monitored by the Courts.121 Any measures must accord with the principle of non-discrimination and be compatible with other human rights obligations. There is also a reporting requirement. Pursuant to Article 4(3) of the ICCPR, any State availing itself of the right of derogation must immediately inform the Secretary General of the United Nations of the provisions from which it has derogated and the reasons by which it was actuated. (x) The relationship between anti-terrorism measures and the rights to seek asylum and to non-refoulement SUMMARY OF ANSWERS • Anti-terrorism measures should not undermine access to asylum for refugees (those fleeing their country of origin by reason of well-founded fear of persecution). • Terrorists are, however, excluded from refugee protection. Refugee status cannot be claimed by any person where there are serious reasons for considering they have committed: o crimes against peace, a war crime or a crime against humanity; o serious non-political crimes; or o acts contrary to the purposes and principles of the United Nations. 119 Para 3, General Comment 29. 120 Para 4, General Comment 29. General Comment 29, para 13. 121 66