A/HRC/4/26
page 13
49.
The Special Rapporteur is of the view that ethnicity, national origin and religion are
inaccurate indicators because the initial premise on which they are based, namely that Muslims
and persons of Middle Eastern and South Asian appearance or origin are particularly likely to be
involved in terrorist activities, is highly doubtful. A recent study of Islamist terrorists arrested or
killed in Western States showed that less than half of them were born in Middle Eastern
countries.25 Similarly, the Report of the Official Account of the London Bombings has
concluded that, as far the national, ethnic, religious and social background of potential terrorists
is concerned, “there is not a consistent profile to help identify who may be vulnerable to
radicalization”.26
50.
The Special Rapporteur observes that, in practice, most terrorist profiles use ethnic
appearance and national origin as proxies for religion, as religious affiliation is normally not
readily identifiable (and in any case easy to conceal). Yet ethnicity and national origin are very
poor proxies for religion. For example, only 24 per cent of all Arab Americans are Muslims.27
In the United Kingdom, where Muslim religion is often associated with “Asian” appearance,
only half of those belonging to this ethnic group are in fact Muslims.28 Thus, profiles based on
ethnic appearance or national origin are over-inclusive in two respects. First, many of those
matching these elements will not be, for example, Muslims. Second, the overwhelming majority
of those who are Muslims, for example, have of course nothing to do with terrorism. As a
consequence, terrorist-profiling practices that rely on these stereotypical characteristics affect a
great number of individuals who are in no way linked to terrorism.
51.
The Special Rapporteur is also concerned that over-inclusive terrorist profiles may
overwhelm the law-enforcement system. The broader the profiles, the greater becomes the
number of people whom the police treat as suspects, even though the vast majority of them will
turn out to present no risk. As a consequence, important law-enforcement resources may be
diverted away from more beneficial work.
52.
At the same time, the Special Rapporteur believes that profiles based on ethnicity,
national origin and religion are also under-inclusive in that they will lead law-enforcement
agents to miss a range of potential terrorists who do not fit the respective profile. Several of
25
R.S. Leiken and S. Brooke, “The quantitative analysis of terrorism and immigration: an
initial exploration” (2006), 18 Terrorism and Political Violence 503.
26
Report of the Official Account of the Bombings in London on 7th July 2005, 11 May 2006,
HC 1087, London, The Stationery Office, p. 31.
27
Arab American Institute, Arab American Demographics, available at http://www.aaiusa.org/
demographics.htm.
28
House of Commons Home Affairs Committee, Sixth Report of Session 2004-05: Terrorism
and Community Relations, 6 April 2005, HC 165-I, p. 21.
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