A/HRC/40/52
Martin Scheinin, it was stated that “for a while, the global consensus about the imperative
of combating terrorism was so compelling that authoritarian governments could get away
with their repressive practices simply by renaming political opponents as terrorists”. 16
8.
In many parts of the world, any form of expression that articulates a view contrary to
the official position of the State, addresses human rights violations and comments on ways
to do things better, in accordance with international human rights obligations, constitutes a
form of terrorist activity or violent extremism or a broad “threat to national security”, which
often encompasses both terrorism and extremism. No region of the world is immune from
this trend. In some regions, the instrumentalization of counter-terrorism, the prevention and
countering of violent extremism, and protection of national security measures is brutal, with
members of civil society arrested and detained on spurious grounds, with some States even
using counter-terrorism laws to silence defenders of the rights of lesbian, gay, bisexual,
transgender and intersex persons,17 and others surveilling individuals involved in peaceful
protests against climate change and linking them to terrorism investigations18 or branding
them as “ecoterrorists”.19 Journalists have been particularly targeted by counter-terrorism
and extensive security legislation.20
9.
Rooted in the primacy of security imperatives, sustained measures to silence and
even choke civil society have been taken. It is essential to grasp the serious impact of the
cumulative sustained effect that such measures, which have proliferated under the
internationalized security framework, have had across civil society, locally and globally,
individually and collectively, and how they have undermined civil society and civic space.
10.
Although States often justify measures against civil society through broad
invocations of countering terrorism, preventing and countering violent extremism or
protecting national security, targeting civil society actors is wholly inconsistent with
meaningfully attending to those genuine threats. Recent research shows that there is no
evidence that legal restrictions on civil society reduces the number of terrorist attacks
within a country. 21 Civil society restrictions do not make a country safe from terrorist
attacks; the security rhetoric does not achieve the expected outcomes. 22 This means that
such measures would fail wholesale at any proportionality and necessity tests.
11.
The key role played by a vibrant and active civil society was recognized during the
United Nations High-level Conference of Heads of Counter-Terrorism Agencies of
Member States in June 2018. In an opinion editorial written in connection with the
Conference, the Secretary-General stated that civil society was central to broader counterterrorism strategies. 23 At the Conference, the representative of Finland stated that civil
society and religious communities played a significant role in preventing violent extremism
and countering terrorism;24 the representative of Fiji said that successful implementation of
the United Nations Global Counter-Terrorism Strategy would no doubt require popular
support, which could only be built and sustained with the support and cooperation of civil
16
17
18
19
20
21
22
23
24
4
Martin Scheinin and Mathias Vermeulen, “Unilateral exceptions to international law: systematic legal
analysis and critique of doctrines that seek to deny or reduce the applicability of human rights norms
in the fight against terrorism”, European University Institute Law Working Paper (2010).
Center for Strategic and International Studies, “Counterterrorism measures and civil society”, p. 6.
Adam Federman, “Revealed: FBI kept files on peaceful climate change protesters”, Guardian, 13
December 2018.
Justine Calma and Paola Rosa-Aquino, “The term ‘eco-terrorist’ is back and it’s killing climate
activists”, Grist, 2 January 2019.
Mapping Media Freedom, “Targeting the messenger”.
Jeong-Woo Koo and Amanda Murdie, “Liberty or security: do civil society restrictions limit
terrorism?”, Center for Strategic and International Studies blog post, 4 June 2018.
Ibid.
See www.un.org/en/counterterrorism/hlc/statements.shtml.
See www.un.org/counterterrorism/ctitf/sites/www.un.org.counterterrorism.ctitf/files/Finland-openingstatement.pdf.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents