A/73/362
as a national security imperative (see A/HRC/37/49). These States may, therefore,
promote a specific religion or religions through indirect means, as opposed to official
legislation. For example, States may promote a particular religion, or an interpretation
of a religion, through social media and official Government statements while
simultaneously securitizing other religions or beliefs in order to limit proselytization
among national populations. 10
IV. Key challenges to preventing and countering violent
extremism and protecting freedom of religion or belief
22. The protection of the right to freedom of religion or belief while countering
violent extremism is complicated for a number of reasons. First, the lack of a
consensus definition as to what constitutes “violent extremism” undercuts the
development of a cogent global strategy for countering terrorism and preventing
violent extremism and contributes to abusive practices, such as the conflation of
beliefs and practices that are believed to be extreme with “violent extremism”.
Second, the use of violence in the name of religio n or belief by some tends to
stigmatize other members of that religion or belief community, regardless of their
conduct. Third, as mentioned in paragraph 8 above, although what one believes or
does not believe is absolutely inviolable, the public manifesta tion of religion or belief
may be restricted in exceptional circumstances and in strict compliance with the
limitations regime prescribed by international law. Finally, the right to freedom of
religion or belief is both reinforced and challenged by other h uman rights, such as
freedom of expression.
A.
Defining “violent extremism”
23. The former Special Rapporteur on the promotion and protection of human rights
and fundamental freedoms while countering terrorism, Mr. Emmerson, noted in his
2016 report to the Human Rights Council that a significant challenge to countering
violent extremism was the lack of a universally accepted comprehensive definition
for identifying instances of such acts (see A/HRC/31/65, para. 55). Moreover, the
existing international legal framework on counter-terrorism stipulates obligations in
relation to terrorism and violent extremism without providing a comprehensive
definition of these terms. 11 This has led United Nations entities that are engaged in
preventing or countering violent extremism and many States to adopt overly broad
definitions that are prone to unintended human rights abuses and even the deliberate
misuse of the term (see A/HRC/31/65).
24. Another former Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism, Martin Scheinin,
warned that “there is a risk that the international community’s use of the notion of
‘terrorism’, without defining the term, results in the unintentional international
legitimization of conduct undertaken by oppressive regimes, through delivering the
__________________
10
11
8/22
Sos Avetisyan and others, “The ‘mantra of stability’ versus human security in the post-Soviet
space”, Global Campus Human Rights Journal, vol. 1, No. 2 (2017).
However, the International Convention for the Suppression of the Financing of Terrorism, art. 2 (b),
defines a terrorist act as: “Any other act intended to cause death or serious bodily injury to a
civilian, or to any other person not taking an active part in the hostilities in a situation of armed
conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or
to compel a government or an international organization to do or to abstain from doing any act.”
18-14697