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message that the international community wants strong action against ‘terrorism’
however defined” (see E/CN.4/2006/98, para. 27). 12
25. It should be noted that radical or extreme views, in and of themselves, are not a
threat to society if they are unconnected to violence or other unlawful acts, such as
incitement to violence or discrimination, as legally defined in compliance with
international human rights law. Moreover, the term “radical” has no clear meaning,
and as a result the presumption should be that the right to hold and express such views
and opinions is protected as a matter of international human rights law. Furthermore,
there is no clear-cut pathway towards terrorism and no consistent set of factors driving
terrorist radicalization. Profiles built on stereotypical assumptions based on religion,
race, ethnicity, gender and socioeconomic status and so on are not only discriminatory
but also ineffective. 13
26. The United Nations High Commissioner for Human Rights and regional bodies
have criticized laws that criminalize “extremism” for their targeting of non-violent
conduct and their use of broad and imprecise definitions. 14 Pursuant to articles 18 and
19 of the International Covenant on Civil and Political Rights, the right to hold an
opinion and the freedom to have or adopt a religion or belief of one ’s choice (forum
internum) cannot be subject to any restriction. 15 States often conflate “extremism”
and “radicalization” with violence, which is problematic since there is no empirical
evidence to suggest a predictable link or linear progression from “extremist” thinking
to violent acts. Moreover, alleging that a person or group of persons is “extremist” is
not tantamount to proving that they are violent. Only those who have been ascertained
as planning to carry out or perpetuating violent extremist acts can be d eemed so.
27. States should, therefore, ensure that the focus of their security -oriented
measures to prevent and counter violent extremism is on actual conduct, rather than
opinions or beliefs, if they are to be both efficient and effective. States must
demonstrate with clear evidence that individuals or groups of individuals have been
involved in activities that incite discrimination or violence, or that they are
undermining the rights and freedoms of others in other tangible ways, before any
punitive steps are taken. The measures must be prescribed by law and be necessary,
proportionate and non-discriminatory. That said, States must also foster the
conditions under which extremist narratives that fall short of, or indeed cross, the
threshold of incitement to violence are challenged, exposed and discredited, without
removing space for the exercise of the rights to the freedoms of thought, conscience,
religion or belief and of opinion and expression.
B.
Misinterpretations of radicalization
28. History is replete with examples of religion or belief, or interpretations of
religion or belief, being used to support or justify heinous acts of violence and
discrimination. Such justifications have been identified as a source of sectarian
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12
13
14
15
18-14697
In his final report to the Human Rights Council, Mr. Scheinin offered model definitions of
terrorism and incitement to terrorism (see A/HRC/16/51, paras. 29–32).
L. Slachmuijlder, Transforming Violent Extremism: A PeaceBuilder’s Guide (Washington, D.C.,
Search for Common Ground, 2017).
See A/HRC/33/29, paras. 18 and 61; European Commission for Democracy through Law,
Opinion on the Federal Law on Combating Extremist Activity of the Russian Federation ,
No. 660/2011, CDL-AD (2012)016, paras. 31, 35–36, 49; and European Court of Human Rights,
Case of Mariya Alekhina and Others v. Russia, application No. 38004/12, Judgment of 17 July
2018, paras. 257 and 267–268.
See A/HRC/33/29, paras. 61–62; Human Rights Committee, general comment No. 22 (1993) on
the right to freedom of thought, conscience and religion, para. 3; and Human Rights Committee,
general comment No. 34 (2011) on the freedoms of opinion and expression, para. 9.
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