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.
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