A/HRC/43/46
inform policymakers about local drivers and factors are significantly absent from
policymaking and programme-designing forums. The communities and individuals who are
the subject of programming aimed at the prevention and countering of violent extremism are
further excluded in ways that raise a myriad of ethical issues, as well as undermine claims to
effectiveness.
17.
There is an emerging scholarly and scientific debate concerning whether there is a
predictive relationship between radicalization and terrorism. Acknowledging that that debate
is ongoing – and recognizing the lack of certainty in the available tools and indication systems
being deployed by Governments and private entities – is essential for framing deliberations
concerning the widespread use of programming aimed at preventing and countering violent
extremism. 31 A number of tools deployed at the regional level, including the Revised
Religious Fundamentalism Scale, the Violent Extremist Risk Assessment 2 (VERA-2R), the
Extremism Risk Guidelines (ERG22+) and the checklists developed under a project on the
recognition of and responses to violent radicalization by professional groups concerned, as
well as various tools made available by European agencies, such as the common risk
indicators booklet prepared by the European Border and Coast Guard Agency, Frontex. 32 The
use of such tools poses a number of ethical and functional challenges. For example, the
common peculiarity of psychometric systems, such as VERA-2R and ERG22+, is that they
mix structured forensic analysis models, traditionally focused on mental illness and deviance,
with other models of intelligence analysis containing strong ideological and political
connotations. 33 Those psychometric tools consistently use ambiguous factors in their
application, detaching radicalization assessment from criminal and legal practices and
mainstreaming psychiatric factors into the preventative criminal justice arena. 34 Moreover,
many of the risk assessment tools used in practice for preventing and countering violent
extremism function as profiling tools, which expose their users, primarily but not exclusively
States, to the pitfalls of using risk models that: (a) are tainted by prejudice, politicization or
specific ignorance, particularly in multicultural contexts; (b) generate unpredictability in the
monitored subjects and communities; (c) open up wide administrative arbitrariness in the
practice of prevention; and (d) entirely lack judicial supervision in most applied contexts. 35
All of those risks are of concern to the Special Rapporteur, and she stresses that they appear
to be systematically ignored or discounted in their use in policy arenas.
18.
As is now widely recognized, presumptions and assumptions about the drivers of
violent extremism and the underlying factors must be robustly challenged. 36 Having reviewed
numerous national plans and policies on the prevention and countering of violent extremism,
the Special Rapporteur concludes that the importance given to religious ideology in both
mapping the pathways to radicalization and devising strategies aimed at preventing and
countering violent extremism was done at the expense of appropriately addressing other
factors, despite the lack of empirical data to support the assumption that religious ideology
supports terrorism. 37 She recognizes evidence of good practice in national plans for the
prevention and countering of violent extremism, specifically that of Switzerland, which has
the strongest incorporation of a human rights framework, and acknowledges the meaningful
incorporation of human rights as a key reference point into the plans of Austria, Canada,
Finland and the United Kingdom of Great Britain and Northern Ireland.
31
32
33
34
35
36
37
Sergio Bianchi, “Radicalization: no prevention without juridicalization”, Security Papers No. 2/2018,
Agenfor International; and Cecile Rousseau, Ghayda Hassan and Youssef Oulhote, “And if there
were another way out? Questioning the prevalent radicalization models”, Canadian Journal of Public
Health, vol. 108, No. 5–6.
There are also a range of local products, such as the “Arrel” system used in regional prison systems.
E.D. Pressman, “Risk assessment decisions for violent political extremism” (Public Safety Canada,
Ottawa, 2009).
In the findings of the joint settlement process between the New York Police Department and mosques
in Raza v. City of New York, case No. 1:13-cv-03448-PKC-JO, the New York District Court
confirmed that such interventions were intricately connected with legal rights.
Bianchi, “Radicalization: no prevention without juridicalization”.
UNDP, “Report on Oslo II”, p. 15.
A/HRC/31/65, para. 15.
7
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