A/HRC/42/42/Add.2
on social media that was deemed to be in alignment with violent extremism. Given the wide
interpretation of this law, it is possible that various situations that are not necessarily
terrorist activities may end up being encompassed. The breadth of the legislation could lead
to the criminalization of mere beliefs and to discriminatory enforcement. The Working
Group cautions that placing excessive emphasis on law enforcement not only favours
symptoms over causes, but may also lead to further stigmatization of migrants and
foreigners.
51.
The delegation was informed about initiatives being taken by the authorities to
address and combat “radicalized jihadism”14 or violent extremism associated with Islamism.
At various points the delegation heard the term “political Islam” and learned of government
initiatives to combat this.
52.
The Working Group was informed of measures involving the investigation and
closure of certain mosques that had been identified by the Government as espousing radical
Islamism. At the time of the visit, around seven mosques had been closed. In addition, a
number of imams were being investigated, with the possibility of their residence permits
not being extended if their salary arrangements were found to violate the Islam Law, which
bans foreign funding for those whose salaries are not funded domestically.
53.
The Working Group notes that the focus on the Islamic faith can often have human
rights implications on the general Muslim population, even if the original intention is to
address a dangerous form of ideology that may be associated with religion. It further notes
the importance of ensuring that any initiatives that may focus on a particular ideology,
religion or community of faith do not further fuel discrimination and stigmatization of a
particular group.
54.
The Working Group has concerns about policies that may be specifically used to
target migrants, foreigners and members of Muslim communities. Even measures to
enhance integration have had human rights implications. Under one particular policy, social
welfare benefits may be reduced if the target group fails to actively participate in
integration in Austrian communities. The Working Group has noted the importance of
ensuring successful integration in Austrian communities. Yet, instead of punitive security
measures, preventive and more socially orientated efforts to address the root causes of the
problem need to be applied.
55.
A policy that disadvantages migrants and foreigners who fail to cooperate with
integration programmes by denying them social benefits may be morally attractive and
effective in many cases, but it can be counterproductive in other cases. The Working Group
believes that, in spite of the many positive facets of initiatives aimed at improving social
cohesion and reducing radicalization and violent extremism, some of these measures, if
they are not implemented with due respect for non-discriminatory human rights standards,
can actually lead to further marginalization and radicalization.
56.
During the universal periodic review of 2015, States observed that one of the
greatest challenges in Austria was the influx and transit of refugees from the Syrian Arab
Republic and other countries. Although measures had been taken to ensure the successful
integration of these individuals, a number of States called on the Austrian authorities to
address xenophobia, racial discrimination, hate speech, the resurgence of extremist
nationalist ideologies and intolerance towards migrants, refugees and persons belonging to
certain ethnic groups. Discrimination against Muslims, Roma and persons of African
descent was highlighted, and references were made to the need to ensure that measures
taken do not exacerbate the situation of groups that are already marginalized and
discriminated against, which can create fertile ground for individuals to be radicalized and
drawn into violent extremist ideologies.
14
10
The Working Group notes that terminology such as “radicalized jihadism” or even “jihadist” or
“jihadism” maybe considered vague and abstract. In this context, based on its common use and the
understanding of interlocutors, this terminology is mainly used to refer to groups with profiles such as
that of ISIL.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents