A/HRC/43/46 offences must be strictly circumscribed in both their wording, to comply with the principle of legal certainty, and their application, to comply with the principles of proportionality and necessity, so as to not unduly restrict the rights to freedom of expression and religion. B. Focus on religious adherence and behaviour 28. Most strategies for preventing and countering violent extremism clearly state that violent extremism is not exclusive to any region, nationality or system of belief, but it is clear to the Special Rapporteur that, in their implementation, many of those programmes and policies have discriminately targeted certain groups and communities, particularly based on religious grounds, as thoroughly examined by the Special Rapporteur on freedom of religion or belief.59 The widespread references across multiple countries to specific terrorist groups, including ISIL, Al-Qaida and Boko Haram, in policies have gone a long way towards colouring the debate,60 notwithstanding the robust evidence from multiple sources that the fastest accelerating terrorism threat globally stems from far right-wing violent extremism. 61 In certain countries, the agenda for preventing and countering violent extremism is focused exclusively on violent Islamist extremism, obscuring other forms of extremism and leading to stigmatization and polarization.62 An exclusive focus on Islamic extremism belittles the severity of the danger posed by other groups. 63 In parallel, the Special Rapporteur voices unease at theological criteria being used as a stand-in for a broader and scientifically based understanding of the rehabilitation and reintegration of individuals previously engaged in terrorist violence. 29. The Special Rapporteur has expressed her profound disquiet at legislation that criminalizes “extremist” thought, belief and content or “hate speech” on the basis that it is a precursor to terrorism, because it is often used as a placeholder for silencing non-established or minority religious groups or non-majority opinions. Special procedures mandate holders have expressed concern about legislation that enables the widespread use of arbitrary detention and “re-education” as a method of preventing and countering violent extremism.64 30. As highlighted by the Special Rapporteur on freedom of religion or belief, States use “hate speech” laws against the very minority groups that those laws have been designed to protect, framed by the justification of preventing and countering violent extremism. In some cases, “hate speech” laws are even used to restrict members of minority groups from promoting their culture and identity or from expressing concern about discrimination against them by the majority.65 Simply holding or peacefully expressing views that are considered “extreme” under any definition should never be criminalized, unless they are associated with violence or criminal activity. The peaceful pursuance of a political, religious or any other agenda – even where that agenda is different from the objectives of the Government and considered to be “extreme” – must be protected. Governments should counter ideas that they disagree with but should not seek to prevent the discussion of non-violent ideas and opinions.66 In a State governed by the rule of law, thought and belief can never be limited, let alone criminalized.67 31. The Special Rapporteur views with concern legislation aimed at preventing and countering violent extremism, which appears innocuous, but poses a serious cumulative 59 60 61 62 63 64 65 66 67 A/73/362; Sahar F. Aziz, “Losing the ‘War of Ideas’: a critique of countering violent extremism programmes”, Texas International Law Journal, vol. 52, No. 2; and Faiza Patel and Meghan Koushik, “Countering violent extremism”, Brennan Center for Justice, 2017. Department of State of the United States of America and USAID, joint strategy on countering violent extremism, May 2016, p. 4; and A/70/674, para. 2. Institute for Economics and Peace, Global Terrorism Index 2019. Available at http://visionof humanity.org/app/uploads/2019/11/GTI-2019web.pdf. UNDP, “Report on Oslo II”, p. 20. UNDP, “Preventing violent extremism through promoting inclusive development”. See www.ohchr.org/Documents/Issues/Terrorism/SR/OL_CHN_18_2019.pdf. A/HRC/40/58, para. 33. A/HRC/31/65, para. 38. A/HRC/43/46/Add.1. 11