A/HRC/43/46
report are rooted in the absence of a clear definition of almost every word in the phrase
“preventing and countering violent extremism”. Making policy measures and regulatory
frameworks entirely reliant on a non-defined concept that is by nature context-dependent can
never be compatible with the principles of proportionality and necessity in which human
rights are grounded. Doing so ultimately allows for a discriminatory or overbroad application
of those measures to individuals and groups that legitimately exercise their fundamental
freedoms. As with terrorism, overbroad preventing and countering violent extremism
definitions and practices are infecting the “ordinary” law, creating new forms of legal
exceptionalism, including the retraction of due process rights, the resort to exceptional courts
and the imposition of severe penalties for security offences. As with terrorism, the widespread crackdown on human rights defenders and civil society activists under the guise of
countering extremism is a predictable feature. In a notable irony, States report their statistics
on “terrorism and extremism” charging and processing to the Security Council Committee
established pursuant to resolution 1373 (2001) concerning counter-terrorism or other global
entities, such as the Financial Action Task Force, promoting such numbers as evidence of
their commitment to countering terrorism, and are rewarded for their “good practice” of
adhering to global obligations to prosecute, regulate and defeat terrorism, despite the
contradictory realities of the human rights and rule of law compromises that are part and
parcel of that landscape. The lack of definitional clarity is only one of the reasons that
preventing and countering violent extremism challenges human rights in complex and
multiple ways.
III. “Science” of preventing and countering violent extremism
16.
The Special Rapporteur has met with many government officials who claim that their
programmes aimed at preventing and countering violent extremism work. When they are
pressed for evidence, methodology and assessment methods, it quickly becomes clear that
there is little or no robust monitoring and evaluation of such programmes and practices, 27
leaving a real gap in assessment of their impact on the ground. The same lacuna is true for
projects supported by the United Nations aimed at preventing and countering violent
extremism, which implies, at a minimum, a systematic lack of adherence to the United
Nations due diligence policy. As one humanitarian non-governmental organization noted:
“whether development interventions actually reduce violent extremism is at best unproven.
Evidence that conscious [countering violent extremism] approaches have successfully
reduced extremism is scarce. This does not prevent exaggerated claims being made as to the
likely efficacy of particular interventions, especially in the education sector.”28 In fact, the
Special Rapporteur finds that, despite some increase in the knowledge base on the drivers
and tipping point of violent extremism, the debate thereon is often largely dominated by
private actors and consultants who are self-proclaimed experts or influenced by government
policies that continue to pursue issues that have been scientifically disproven, 29 which
highlights the challenge of linking research and evidence to policies and programmes to
ensure that they are not ineffective and counterproductive, exacerbating the grievances on
which terrorism feeds.30 Academic experts, professionals and civil society actors who could
27
28
29
30
6
Some attempts are being made but are marginal to the sector scale of projects and spending. See
UNDP, “Report on Oslo II”.
Norwegian Refugee Council, “Countering violent extremism and humanitarian action”, position
paper, August 2017.
D. Elaine Pressman and John Flockton, “Violent extremist risk assessment: issues and applications of
the VERA-2R in a high-security correctional setting” in Andrew Silke (ed.), Prisons, Terrorism and
Extremism: Critical Issues in Management, Radicalization and Reform (Routledge, 2014); Akimi
Scarcella and others, “Terrorism, radicalization, extremism, authoritarianism and fundamentalism: a
systematic review of the quality of psychometric properties of assessments”, PLOS ONE, vol. 11, No.
12; and Allard R. Feddes and Marcello Gallucci, “A literature review on methodology used in
evaluating effects of preventive and de-radicalization interventions”, Journal for Deradicalization,
vol. 5, No. 1.
European Union-funded research; see Kundnani and Hayes, “The globalization of countering violent
extremism policies”.
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