A/73/362
been violated by counter-terrorism law and practices (see A/70/674 and
A/HRC/16/51).
5.
In 2006, the United Nations Global Counter-Terrorism Strategy adopted by the
General Assembly established respect for human rights and the rule of law as one of
its four pillars, recognizing a human rights-based approach as key to global efforts
(see resolution 60/288). Notwithstanding that recognition, measures that have since
been adopted by States continue to erode respect for civil liberties. Various measures
have expanded the ambit of criminalized activity, with ever-increasing attention being
paid to early intervention tactics intended to dissuade individuals potentially on a path
towards supporting or committing violent extremist acts. However, a lack of
consensus definitions for key concepts, such as “radicalization” or “violent
extremism”, has undermined both the effectiveness of various measures and the
ability to assess their compliance with State obligations under international human
rights law.
6.
Human rights monitors have criticized initiatives to prevent and counter violent
extremism for their erosion of civil liberties, their propensity for perpetuating
discrimination against several religious or belief communities, their lack of
transparency and accountability and for securitizing religion. 2 In his 2016 report on
the human rights impact of initiatives to prevent and counter violent extremism, the
former Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, Ben Emmerson, highlighted
elements of such programmes that continued to infringe on a range of human rights
and fundamental freedoms, including freedom of religion or belief. He concluded that
“a wide array of legislative, administrative and policy measure s are pursued that can
have a serious negative impact on manifold human rights ... [and] can stigmatize
groups and communities, undermining the support that Governments need to
successfully implement their programmes, and having a counter-productive effect”
(see A/HRC/31/65, para. 54).
7.
The question of how to effectively address national security exigencies while
respecting human rights constitutes a pivotal challenge to human security today.
Contrary to the discourse which posits freedom of religion or belief (and other human
rights) and national security to be competing and mutually exclusive values that have
to be “balanced” against each other, various mandate-holders, including the Special
Rapporteur on freedom of religion or belief, have over the past three decades
recognized the complementary, interdependent and mutually reinforcing relationship
between the promotion and protection of human rights, including freedom of religion
or belief, and national security.
8.
Moreover, it should be noted that “national security” is not a permissible ground
for restricting manifestations of religion or belief under article 18, paragraph 3, of the
International Covenant on Civil and Political Rights. However, restrictions on a
number of rights that are related to the enjoyment of the right to freed om of religion
or belief, such as freedom of expression or association, are permissible to ensure
national security if the further conditions of the related limitation clauses are also
met. Regardless, the right to freely manifest religion or belief can on ly be limited if
the following five conditions are strictly met: (a) the measure in question is prescribed
by law (i.e., it is accessible, foreseeable and drafted with sufficient precision to enable
a rational person to regulate his or her conduct); (b) it is necessary for the purposes
__________________
2
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See, for example, Amnesty International, Dangerously Disproportionate: The Ever-Expanding
National Security State in Europe (London, 2017). See also the report of the former Special
Rapporteur on freedom of religion or belief, Asma Jahangir, warning about the counterproductive
impact of religious profiling in her report to the Human Rights Council (see A/HRC/7/10/Add.3,
para. 41).
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