A/HRC/41/54/Add.2
communities on campuses across the United Kingdom, and discriminatory restrictions on
their freedom of expression, assembly and association. They described their reluctance (and
in some cases their fear) to take courses in which they might be expected to participate, for
example human rights law discussions on international conflict or terrorism, because of the
real risk they faced of incurring Prevent Strategy-related suspicion of instructors. Put
differently, “prevent duties” create conditions such that a Muslim university student can be
reasonably concerned that topics and conversations that are encouraged among other
students are to be actively avoided because his or her religion (or perceived religion) on its
own may give rise to actionable suspicion among educators. The Government must
urgently confront the exclusionary, divisive and discriminatory environments its policies
are generating.
49.
The Special Rapporteur’s understanding is that, to date, no government review of, or
findings regarding, the impact of the Prevent Strategy on human rights and racial equality
has been made public. This state of affairs is untenable given the widespread evidence that
enforcement of the “prevent duty” disproportionately targets groups on the basis of
religious and ethnic belonging, in violation of their human rights. It has also transformed
public institutions such as hospitals, schools, universities and even the police – institutions
through which the work of national integration should otherwise be achieved – into sites of
exclusion, discrimination and national anxiety. Formal integration policies risk being no
match for the “dis-integration” and political and social exclusion currently being achieved,
at the behest of the Government, through the robust and pervasive Prevent Strategy and its
accompanying “prevent duty”.
50.
Based on consultations held and findings gathered during her visit, the Special
Rapporteur concurs with the assessment of the Committee on the Elimination of Racial
Discrimination (CERD/C/GBR/CO/21-23, paras. 18–19) and the Special Rapporteur on the
rights to freedom of peaceful assembly and of association, who concluded that the Prevent
Strategy was inherently flawed (A/HRC/35/28/Add.1, para. 10). The Special Rapporteur
received no information during her visit to show that the Government has taken meaningful
steps to address the concerns raised by the Special Rapporteur on the rights to freedom of
peaceful assembly and of association. The Government must comprehensively address all
human rights concerns, including those relating to equality, discrimination and intolerance,
in the context of the independent review of the Prevent Strategy announced in January
2019.78
51.
The Special Rapporteur underscores that her concern and condemnation are not
aimed at the right and duty that Governments the world over have to protect their
populations from threats, including terrorism. The concerns she raises speak to the policy
choice embodied in the Prevent Strategy, which, among other things, mandates civil
servants, social workers, care givers, educators and others to make life-altering judgements
on the basis of vague criteria in a climate of national anxieties that scapegoat entire
religious, racial and ethnic groups by making them the presumptive enemy.
D.
Racial impact of laws and policies on immigration
52.
In 2012, the then-Home Secretary, Theresa May, spearheaded the adoption of a
policy that explicitly sought to create “a really hostile environment” in the United Kingdom
for irregular immigrants. 79 That hostile environment policy – referred to by the Government
as the “compliant environment” policy since the Windrush scandal broke in April and May
2018 – has been characterized by a web of policies 80 grounded in the Immigration Acts
78
79
80
14
https://homeofficemedia.blog.gov.uk/2019/01/22/government-announces-independent-review-ofprevent.
www.theguardian.com/uk-news/2017/nov/28/hostile-environment-the-hardline-home-office-policytearing-families-apart.
See, e.g., www.libertyhumanrights.org.uk/sites/default/files/HE%20web.pdf and
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/LLN-2018-0064#fullreport.