A/73/305
29. In her most recent report to the Human Rights Council, the Special Rapporteur
denounced the growing number of States that have threatened to adopt, or even
adopted, blanket bans against refugees and other non-nationals of particular religious
affiliation or national origin, most commonly Muslims and residents of Muslim majority countries. In the United States, such bans have been implemented by the
executive orders of a President who has publicly made racist, xenophobic and
Islamophobic statements against non-nationals as well as United States citizens
belonging to racial and ethnic minorities. President Trump ’s nationalist populist
agenda has also included policies separating thousands of children from their asylum seeking families at the southern border of the United States, which have rightly drawn
global condemnation. 45
30. Also in her most recent report to the Human Rights Council, the Special
Rapporteur highlighted the racialized impact that nationalist populist mobilizations
can have on counter-terrorism policy. 46 Populists in Europe and beyond have
capitalized on the increased number of terrorist attacks in the past two years to garner
support for policy proposals that are blatantly discriminatory and legitimize profiling
in security-related surveillance that targets mainly Muslim communities. In her report,
she explains why such policies violate equality and non-discrimination principles.
Shrinking of liberal democratic and civic space
31. Empirical research has shown that “populist parties in government and
opposition are negatively associated with mutual constraints [including separation of
powers] compared to instances where no populist parties are in government or
opposition”. 47 Evidence shows that, generally, nationalist populist Governments have
tended to exacerbate corruption and to weaken the mechanisms of checks and
balances that are intended to prevent the illegitimate usurpation of power by any one
branch of government or political party. They have also tended to suppress civ il
society, all in the name of the will of “the people”.
32. In Asia, as in other regions, nationalist populist leaders have cracked down on
political dissent, vilifying anyone with different political views as an enemy of the
people and thus to be disposed of. Populist traditional values and law and order
rhetoric, for example, in the Philippines, have sustained brutal extrajudicial killings
of so-called drug users. 48 Government attacks in that country have also targeted those
committed to defending the rule of law. For example, the populist leader of the
Philippines threatened and insulted a Chief Justice of the Supreme Court after she had
expressed concerns regarding threats to the rule of law. The Chief Justice was voted
off the Court two days later, prompting the Special Rapporteur on the independence
of judges and lawyers to issue a statement of concern. 49 The erosion of judicial
institutions that otherwise function as central to the defence of racial, ethnic, sexual,
gender and other minorities makes those groups even more vulnerable to
discriminatory treatment.
33. Nationalist populists in Latin America have presided over the systemic
oppression and repression of political opponents, including the use of deadly
violence. The Inter-American Commission on Human Rights has documented this
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45
46
47
48
49
12/22
OHCHR, “United Nations experts to United States: ‘Release migrant children from detention and
stop using them to deter irregular migration’”, 22 June 2018.
See A/HRC/38/52.
Huber and Schimpf, “On the distinct effects of left-wing and right-wing populism on democratic
quality”, p. 151.
Rainer Eizenberger and Wofram Schaffer, “The political economy of new authoritarianism in
Southeast Asia”, Austrian Journal of South-East Asian Studies, vol. 11, No. 1 (2018).
OHCHR, “Judicial independence in Philippines is under threat, says United Nations human
rights expert”, 1 June 2018.
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