A/HRC/41/54/Add.2
C.
Racial impact of laws and policies on counter-terrorism and
counter-extremism
45.
The Special Rapporteur has received information indicating that sustained and
pervasive discourses vilifying Islam and Muslims persist in the British media and even
among the political leadership, and that Islamophobia has taken firm root in the United
Kingdom. She notes that the prevalence of Islamophobia in the United Kingdom was also
highlighted by a previous mandate holder in 1996 (E/CN.4/1996/72/Add.4, para. 24).
Although the more recent counter-terrorism laws and policies discussed below have vastly
exacerbated Islamophobic sentiment, these problems have historical precedents.
46.
In recent years, a series of terrorist attacks by individuals purporting to act in the
name Islam have served as triggers for national panic regarding security in the United
Kingdom. This panic has been exacerbated by and provided rich fodder for outrageous and
deeply offensive portrayals in the media, and even by some leading politicians, who have
cast Muslims as inherently dangerous, inherently opposed to the country’s prosperity and
inherently foreign. This presumption of foreignness is widely peddled in public and
political discourse, belying the deep, historical ties many British Muslims have to the
United Kingdom. Consultations during the visit further highlighted the large role that
mainstream political responses have played in amplifying and legitimating anti-Muslim
panic, and even Islamophobia, through rhetoric and policies rooted in the national
framework for countering non-violent extremism.
47.
There is an extensive body of literature decrying the human rights impacts of the
Government’s Prevent Strategy,75 which is aimed at containing the proliferation of violent
extremism. The Strategy targets individuals and groups who advocate extremism,
understood as the “vocal or active opposition to fundamental British values, including
democracy, the rule of law, individual liberty and mutual respect and tolerance of different
faiths and beliefs”, on the theory that such individuals and groups are predisposed to
terrorist ideology and violence. 76
48.
Leading concerns over the Prevent Strategy relate to the lack of clear, workable
definitions of “extremism”, “terrorism” and “British values”, as well as the criteria used to
refer individuals considered at risk of radicalization. Among other national and
international stakeholders, the Committee on the Elimination of Racial Discrimination has
expressed serious concern that the “prevent duty” creates an atmosphere of suspicion
towards members of Muslim communities, that it leads to increased profiling of individuals
on the basis of ethnicity and/or religion and that it adversely affects the rights to freedom of
expression, education and freedom of religion (CERD/C/GBR/CO/21-23, paras. 18–19).
The Special Rapporteur shares these concerns, which were reiterated during many of her
consultations with civil society representatives. She is especially concerned that uncertainty
and ambiguity in terminology have serious consequences for racial equality as they create a
wide scope for discretionary interpretation. This wide discretion in a context of antiimmigrant and xenophobic anxiety sets the stage for the excessive, disproportionate and
discriminatory implementation of the “prevent duty” by teachers, professors, nurses and
doctors, whom the Government has made the front-line agents in the fight against
extremism. Student organizations in particular have highlighted the racist and Islamophobic
nature of the Prevent Strategy, noting that Muslim students are its disproportionate
targets. 77 Muslim students reported government surveillance of their social and cultural
75
76
77
See, e.g., www.nature.com/articles/s41599-017-0061-9,
www.opensocietyfoundations.org/sites/default/files/eroding-trust-20161017_0.pdf,
http://rwuk.org/wp-content/uploads/2016/07/preventing-education-final-to-print-3.compressed-1.pdf
and www.runnymedetrust.org/uploads/Islamophobia%20Report%202018%20FINAL.pdf.
www.gov.uk/government/uploads/system/uploads/attachment_data/file/445977/3799
_Revised_Prevent_Duty_Guidance__England_Wales_V2-Interactive.pdf, para. 7. See also
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/979
76/prevent-strategy-review.pdf.
One survey found that one third of Muslim students felt negatively affected by the Strategy
(www.nusconnect.org.uk/resources/the-experience-of-muslim-students-in-2017-18, p. 7).
13