killmicrosoft
29-02-2008, 10:24 PM
http://www.dfes.gov.uk/pns/pnattach/20060170/1.txt
just found this document notice how they talk about new world order
Contents
Foreword page 3
Chapter 1: Introduction page 4
Chapter 2: What is Violent Extremism in
the Name of Islam? page 6
Chapter 3: Recognising Violent Extremism in
the Name of Islam page 7
Chapter 4: Scenarios and Responses page 10
Chapter 5: Engagement with Police page 16
Chapter 6: Annex page 16
Foreword
This guidance has been produced by the Government and is aimed at the Vice-Chancellors
and Principals of Higher Education (HE) Providers. It comes in response to requests from some
educational providers for practical advice on how to respond to a number of challenging
and sensitive issues. The guidance gives practical advice and draws on the good practice that
already exists within the sector.
We recognise that academic institutions have two main responsibilities which they should
take equally seriously. The first is to assure all constituent communities, and in this context
particularly our Muslim communities, that we all share in the fundamental values of free
intellectual enquiry and free expression within the law. This guidance is not about closing down
open debate and discussion. It is about ensuring that free speech is not tempered by those
wanting to bully others. It is violent extremists who want to stifle this dialogue and debate,
and who want to create and exploit divisions between communities. The second is to ensure
that there is no violence, incitement to violence or other illegal behaviour on our campuses, no
matter what reasons are put forward as justification.
To balance both of these responsibilities is not always an easy task but it is one to which all of
us are resolutely committed. Short term we have to play our part in ensuring civic safety, but
longer term the main role of universities and colleges is to work towards a society in which all
groups feel they belong and to which they have an equal responsibility. It is vitally important
that in dealing with the present situation we do not lose that long term goal.
The document is part of a range of guidance available to HE providers on tackling different
forms of extremism that might take place on campus. Violent extremism in the name of Islam
is not the only form of extremism that exists on campus and universities and colleges should
be prepared to take a tough line against any form of extremism that leads to or advocates
violence. However this guidance is concerned with how HE providers can work with the vast
majority of students on campus to isolate and challenge the very small minority who promote
violent extremism in the name of Islam. It seeks to sensitise staff to the issues and encourage
them to think about how Higher Education communities can become more vigilant and work
with staff and students to take responsible preventative action to tackle violent extremism in
the name of Islam on their campuses.
Bill Rammell MP
Minister of State for Higher
Education and Lifelong Learning
1: Introduction
1.1 There is a real, credible and sustained threat to the UK from violent
extremism in the name of Islam. To overcome this threat the government firmly
believes that all organisations and communities should be involved in working
together to tackle the shared problem.
1.2 The Government has carefully considered the range of evidence available
on violent extremism at universities and colleges. There is evidence of some
individuals involved in violent extremist activity in the name of Islam, although
there is no evidence to suggest that the problem is widespread. This document
provides guidance for university and college authorities who provide higher
education in England on tackling extremism in the name of Islam, within the
context of promoting good campus relations and allowing genuine debate,
focussing on the role HE providers, communities and students can play in
achieving this. It builds on the Government’s commitment to assist educational
providers in tackling forms of extremism and on previous publications on
promoting good campus relations including the Universities UK/Equality
Challenge Unit/SCOP report issued last year ‘Promoting Good Campus
Relations: Dealing with Hate Crimes and Intolerance’, which emphasised the
need for universities to take robust action to deal with any form of religious
hatred or unacceptable behaviour on campus.1 One of the key aims of all these
documents is to support educational providers in protecting and ensuring the
welfare of all their students.
1.3 Freedom of expression is a cornerstone of our democracy. A valued aspect
of the right to freedom of expression in the UK is that individuals have the right
to criticise, disagree and campaign against the government on any issue of
foreign or domestic policy they choose. It can be entirely legitimate to hold a
view that is radical or extreme on the political spectrum. However it becomes
unacceptable when individuals develop extremist views that lead them to
espouse, advocate or even undertake or facilitate violent acts that deliberately
undermine good campus and community relations, using their extremist
viewpoint as a justification for their actions.
1.4 This document is concerned with recognising and tackling this form of
extremist behaviour and protecting students, not with targeting or monitoring
particular individuals or groups of individuals. HE providers have a leadership
role to work with staff and students of all backgrounds to isolate and challenge
extremism that leads to or promotes violence wherever it exists by determining
appropriate boundaries for behaviour on campus and identifying when
behaviour may move beyond legitimate activities.
1 Promoting Good Campus Relations: Dealing with Hate Crimes and Intolerance, issued by
Universities UK/Equality Challenge Unit/SCOP, November 2005
1.5 This guidance highlights the crucial importance of HE providers in working
with students of all backgrounds to build community cohesion2 and good race
relations3 on campus. It aims to share information and experiences in order to
enable university or college authorities to develop a more consistent and
effective approach across HE providers. Most importantly it considers
recommendations that may be necessary to ensure good relations and a safe
environment in HE providers, thus ensuring that all staff and students can work,
study and live without fear of intimidation, harassment, bullying and threatening
or violent behaviour.
2For further information on community cohesion issues see:
http://www.lga.gov.uk/Publication.asp?lsection=59&id=SXFC19-A7814115&ccat=249
3 For further information on race relations issues see: http://www.cre.gov.uk/duty/index.html
2: What Is Violent Extremism In The Name Of Islam?
2.1 Unacceptable extremism can range from incitement of social, racial or
religious hatred, to advocating the use of violence to achieve fundamental
change to the constitutional structure of the UK, to carrying out terrorist acts.
Individuals can and do hold extreme views without espousing violence. The
authorities are concerned with any form of extremism
that espouses, promotes or leads to violence: ‘violent extremism’.
2.2 Violent extremist activity in the name of Islam is justified using a literal,
distorted and unrepresentative interpretation of Islamic texts to advocate and
justify violence in order to achieve fundamental change in society. Individuals
involved in this form of extremism can be involved in criminal activity. They can
either be directly involved in violence and terrorist acts, or can be involved
indirectly through inciting others to become involved in violence or supporting or
funding violent activities.4 However it is also important to recognise that the
process of turning towards extreme views or sympathising with political,
religious or ideological causes is not in itself necessarily a criminal activity.
2.3 The vast majority of Muslims in the UK and abroad reject both extremism
and violence: violent extremists represent only a tiny minority of individuals in
the UK and abroad. A clear distinction should be made between these extremist
individuals and the faith they might claim to be associated with or represent.
Indeed extremists who wrongly argue for support for acts of terrorism in the
name of Islam present a threat to all communities. Moreover propagating false
perceptions about the values and beliefs of Islam potentially adds to a vicious
circle that may fuel discrimination and Islamophobia. This may, in turn,
exacerbate violent extremism in the name of Islam, as individuals perceive that
they are increasingly marginalised. HE providers should have robust policies in
place to tackle any such prejudice or intolerance against them or any other
student grouping of any background and should also be alert to how different
forms of unacceptable behaviour and extremism on campus can interact.5
2.4 The Government judges the principal current terrorist threat to the UK to be
from Islamist terrorism. The threat is international in its scope, involving a
variety of individuals, networks and groups who are driven by violent and
extremist beliefs. They are indiscriminate – aiming to commit murder and cause
mass casualties, regardless of the age, nationality, or religion of their victims;
and they are prepared to commit suicide to do so. The overall assessment is
that the threat is unlikely to diminish for some years.6
4 page 18, Chapter 6: Annex, on Terrorism Act 2006
5 For further information on tackling hate crimes and intolerance please refer to Promoting Good
Campus Relations: Dealing with Hate Crimes and Intolerance, Universities UK/Equality
Challenge Unit/SCOP, November 2005
6 Page 1, Countering International Terrorism: The United Kingdom’s Strategy, HM Government,
July 2006
3: Recognising Violent Extremism In The Name Of Islam
3.1 Introduction
3.1.1 HE providers have long established traditions of encouraging radical
debate, ideas and ensuring freedom of speech. There is a difference between
these activities and others that can lead individuals to promote, encourage or
incite violence. It is the latter with which HE providers should be concerned.
3.1.2 The process of an individual turning to violent extremism in the name of
Islam can occur because of a variety of factors, of which no single factor
predominates.7 However, it is likely that the catalyst for any given individual
developing Islamist extremist views will be a varying combination of: the
development of a sense of grievance and injustice; a negative and partial
interpretation of history and recent events and of the perceived policies of ‘the
West’; a sense of personal alienation or community disadvantage arising from
socio-economic factors such as discrimination, social exclusion and lack of
opportunity; and exposure to extremist ideas, whether from the internet, peers
or a forceful and inspiring figure already committed to extremism.8
3.1.3 The following sequence highlights some themes that could play a role in
the process of recruiting and grooming individuals to violent extremism in the
name of Islam on campus. Similar themes and tactics exist for other forms of
extremism on university and college campuses.
3.2 Networks
3.2.1 The nature of HE providers means that the student population is fluid and
therefore the extent of different types of extremism on campus can be subject to
change over time. The level of extremism can also be disproportionately
affected by the simultaneous presence of a few like-minded individuals. Even
one particularly determined individual can have a significant impact on the
extent of extremism at a particular university or college.
3.2.2 Universities and colleges can provide a recruiting ground for extremists of
all forms, and particularly those that target young people. Student communities
provide an opportunity for extremist individuals to form new networks, and
extend existing ones. Different categories of students may be affected. There
are those who quite rightly are keen to explore the wider issues of their faith;
there are those who may be actively looking for extremist individuals with whom
to associate; there are those who may be new to a university or college
environment and vulnerable to ‘grooming’ by individuals with their own agenda
as they search for friends and social groups. For example grooming may
involve separating students from their roots (such as family and old friends)
thereby isolating them from alternative views. This is a tactic deployed by
7 Page 12, ‘Preventing Extremism Together’ Working Groups Report, August-October 2005
http://www.communities.gov.uk/pub/16/PreventingExtremismTogetherworkinggroupreportAugOc t2005_id1502016.pdf
8 Page 10, Countering International Terrorism: The United Kingdom’s Strategy, HM
Government, July 2006
recruiters, and can be more easily achieved in a setting where young people
are separated from their family environment.
3.3 Segregation
3.3.1 Ethnically segregated communities are increasingly common on campus.
Two of the main reasons for this occurrence are lack of opportunity to mix with
others and making the decision to separate from mainstream society. Lack of
opportunity to interact can have a negative impact on how individuals view
themselves and are viewed by others. Feelings of isolation, retreating into ones
own community and feeling hostility towards the 'other' can exacerbate
extremism.
3.3.2 The danger in having such segregated communities on campus is that in
such an environment, attitudes and beliefs can be reinforced so that there is
little opportunity for dissent, free-thinking or the dilution of commonly held
preconceptions about issues within the segregated community or wider
communities. Segregated communities may steadily drift away from each other
increasingly regarding the codes of behaviour, loyalty and respect that wider
society take for granted as behaviour that no longer applies to them. What can
then follow is division and conflict. Attempts at encouraging integration can be
presented by those who prefer segregation as being designed to destroy close
community ties, breaking up groups.
3.4 Student societies and other groups
3.4.1 The overwhelming majority of faith-based student organisations are
moderate and democratic groupings that seek to provide students with accurate
information on religious beliefs, history and civilisations, as well as organising
prayer meetings, speakers and other activities. These societies can have an
influential role on campus with members varying in numbers across institutions.
For those who are members, these societies can wield significant influence in
their lives through organising liturgical and other activities. It follows that should
control of a university or college society or other group fall into the hands of
extremist individuals, this can play a significant role in the extent of extremism
on campus. Taking control of Friday prayers, other prayer meetings and
sermons and the use of charismatic radical speakers can be means by which
extreme groups seek to spread their messages.
3.5 Outside Speakers
3.5.1 Student groups commonly hold debates and talks on a variety of issues
and often invite speakers or preachers onto campuses. This is an important part
of encouraging vibrant debate and discussion about issues of concern.
However, on occasion such speakers may hold very extreme views which could
include advocating and justifying the use of violence. These individuals can be
forceful, persuasive and eloquent, and often have a scholarly background, the
latter fact being emphasised in order to give them greater credibility in the eyes
of students. They seek to exploit feelings of alienation and sometimes offer
“religious” justifications for extreme actions. It is increasingly likely that speakers
would be careful to keep their messages within acceptable limits while speaking
at university or college meetings.
3.6 Peer group pressure and bullying
3.6.1 Peer group pressure at meetings and debates can help to sway opinion,
bringing moderates over to a more radical viewpoint. Those who have a
differing viewpoint can be afraid to speak and differentiate themselves from the
majority. Individuals who openly disagree could be opening themselves up to
being accused of not being a true Muslim and become sidelined. Sometimes a
group collectively adopts a more extreme position than would be expected from
an analysis of views held by individual members of the group. Extremist
individuals have also been known to ‘groom’ likely recruits, by closely observing
those willing to adopt more extreme viewpoints or those perceived to be
vulnerable and more likely to be easily influenced. There have been instances
whereby extremist individuals have befriended vulnerable students in order to
create a culture of dependency and influence over them.
3.7 Meetings subsequently attended outside a University or College
3.7.1 HE societies and other groups are often inter-linked, as well as being in
touch with networks outside the university or college. Details of external
meetings can be passed on by word of mouth and particularly religious students
can be targeted, or those who have shown a particular interest and fervour in
the subjects of debates. It is at these external meetings that opinions can be
more openly aired and more extreme views can be roused. Individuals may be
encouraged to feel angry, frustrated, humiliated and powerless and may
develop a strong desire to take some form of action to seek redress. HE
providers should ensure they have an awareness of the local community
context in which they are based and how that might impact on students.
4: Scenarios And Responses
The following scenarios are all based on real events that have occurred at
universities and colleges in the UK
4.1 Introduction
4.1.1 This guidance is about tackling violent extremism in the name of Islam at
HE providers. It is not about eroding the long-established traditions of
encouraging radical debate, ideas and freedom of speech within universities
and colleges. Universities and colleges are in a unique position to provide a
forum for open debate and discussion.
4.1.2 This section seeks to identify some of the activities or incidents in and
around campuses which could potentially be associated with violent extremism
in the name of Islam. That is not to say that such activities are necessarily
illegitimate or criminal. The difficult balance which HE providers need to strike is
to ensure that debate and discussion continues while being able to respond
appropriately where concerns about violent extremism are identified.
4.1.3 When considering how to respond to activities and incidents, educational
institutions should be alert to the possibility of unsubstantiated allegations being
made against individuals or groups. There is a judgement to be made about
how much internal investigation should be undertaken before taking any
concerns to the police. But the closer and more informed the established
relationship is between educational institutions, student unions, societies,
security officers and police, the easier it will be to make the correct decisions if
incidents do occur and need investigation and action.
4.2 Example One – Suspected Extremist Literature On Campus
A member of teaching staff has raised concerns with university authorities about
some literature that was left lying around in a university room in which she took
a tutorial group. Some leaflets were written in English, and others appeared to
be in Arabic. She reported that the literature in English had titles such as ‘Who
is a legitimate target?’ and ‘From Jihad to a new world order.’ One of the
students in the tutorial group reported that she had seen lots of the pamphlets
lying around other places in the university earlier in the day, and a number of
students walking around with bundles of them.
4.2.1 Issues to consider
• The leaflets may constitute a criminal offence under terrorism or racial
and religious hatred legislation.9 In addition educational institutions
should have clear policies regarding hate crimes.
9 page 19, Chapter 6: Annex, ‘Terrorism Act 2006’ and ‘Racial and Religious Hatred Act 2006’
• Do you have a reporting mechanism for staff and students to report any
concerns within the HE provider? Are the reporting mechanisms clear
and understood? Who should decide whether to inform the police?
• HE providers should be encouraging exploration and debate as part of its
students’ right to free expression of religious and political views
• Is there a need to have a local policy on room bookings and contents of
posters and meeting flyers?10
• Does the HE provider have the means of translating foreign language
material if necessary?
4.3 Example Two – Extremist Speaker Attending University Seminar
A group of students have approached their personal tutor to express concern
about a speaker who has been asked by a student society to deliver a talk
entitled ‘Terrorist or Freedom Fighter?’ They believe him to be someone who is
using extremist language in the name of Islam who has made comments in the
media that acts of terrorism against British citizens are justified.
4.3.1 Issues to consider
• The speaker may have the right to express his views and staff and
students the right to hear them, providing there is no likelihood of
disorder or a crime being committed and no interference with the rights of
others. It might be appropriate to ensure events or a series of events are
balanced, with speakers offering differing viewpoints and arguments
• The speaker’s conduct could amount to a criminal offence under
terrorism legislation or a public order offence. It is in the interest of the
HE provider to prevent public disorder on campus, and they should
establish the speaker’s track record. If the speaker had indeed made the
comments ascribed to him the HE provider should consider excluding
him from speaking on the campus or premises. If there is no evidence to
support the claims, the HE provider will still need to deal with the
concerns raised and decide on the potential impact of the talk on the
wider student communities.
• Is there a need to have a local policy to ensure that the university or
college authorities are aware of and if appropriate advise on external
speakers with student societies / the Students’ Union?
4.4 Example Three – Inappropriate Student Use Of The Internet
10 The CRE have issued advice on this subject in the context of other forms of extremism to
which universities and colleges may find it useful to refer:
http://www.cre.gov.uk/downloads/Defeating_organised_racial_hatred.pdf
College Library staff have reported that a student has approached them
expressing concerns at images she had seen fellow students looking at on
computers in an IT room. She reported that two males were looking at some
kind of home-made images of other men dressed in military and civilian clothing
holding guns. The two men were joined by two others and she could see that
they were watching shots being fired and explosions on the computer. The
images then appeared to show somebody making a home made explosive
device.
4.4.1 Issues to consider
• HE providers should consider that the dissemination of terrorist
publications is an offence under section 2 of the Terrorism Act 2006.
• The HE provider will have a policy on internet use and internet security
as staff and students may need to access material of this sort as part of
legitimate research. If it is alleged that these policies are breached then
what is the process for sensitively investigating allegations, and if
necessary who should decide whether to inform the police?
4.5 Example Four – Student Society Meetings Becoming Increasingly
Extreme
A second year student who is a member of the Islamic Society affiliated to the
Student Union has expressed concerns to a personal tutor that Society
meetings have begun to turn more extreme under the influence of a number of
individuals who have recently joined the society. The student has also
expressed concerns about members being coerced into voting for these
individuals to play key roles including president and treasurer of the Society in
forthcoming elections. The tutor reported that the student was extremely
anxious that her identity would remain confidential.
4.5.1 Issues to consider
• Students have the right to freedom of expression and association and the
HE provider cannot interfere with that right unless justified.11
• The HE provider must ensure the Students’ Union implements a
complaints procedure.
• A student should not be harassed or intimidated and educational
institutions should robustly enforce their anti-bullying policies.
• The HE provider and students union should have policies in place stating
when and how the society can be sanctioned.
• The HE provider’s religious advisors and student welfare officers could
be consulted for further guidance.
11 page 17, Chapter 6: Annex, ‘Freedom of Expression’
4.6 Example Five – Concerns About Potentially Suspicious Group Activity
A staff member has been made aware by a student of a group of students who
meet up on Monday evenings to take part in a martial arts club followed by a
‘current affairs discussion group’ on subjects ranging from ‘The duties of
Muslims in the UK today’, ‘Islam and the West’ and ‘The plight of Muslims
across the world.’ These activities have been advertised through leaflets on a
University or college notice-board. The leaflet does not give verifiable contact
information about the organisers but does give out a contact mobile phone
number. The student informing the staff member had spoken to an attendee of
the Monday evening session, and from his conversation was concerned that the
activities were organised by a group seeking to spread violent extremist views
in the name of Islam.
4.6.1 Issues to consider
• Students have the right to freedom of expression and association. This
includes convening and advertising informal groups. However, such
groups have, on rare occasions, formed the basis, for developing violent
extremist views.
• Is there a need for a local policy on groups advertised on campus?
Could the HE provider work with student societies/Students’ Union to
develop one? Should one of the student bodies contact the group? Is
there a role for an HE provider religious advisor to become involved?
• Are the reporting mechanisms for staff clear and understood? Who
should decide whether to contact the group, consult student societies or
inform the police?
• Does the student union have a policy to ensure that university or college
societies are open and inclusive?
4.7 Example Six – Use Of University or College Prayer Facilities
A student has spoken to their personal tutor about their concerns around
alleged inappropriate use of a prayer room in a university or college. The
student reported that a prayer room appeared to be off-limits and claimed
offensive material was on display on the inside of the room which could not be
seen from the outside as the windows of the room had been covered with
posters.
4.7.1 Issues to consider
• If multi-faith prayer rooms are provided, is there a ‘fair use’ policy to
ensure prayer rooms are seen as a shared resource and accessible by
all faiths?
• Are there unregulated prayer rooms for different faiths? How should the
university or college administration ensure these are accessible by all
who want to use them?
• Are prayer facilities accessible to all who want to use them including
women and those who hold other views within a particular faith?
• Are the reporting mechanisms for staff and students clear and
understood?
• Issues about extremist literature are discussed above.
4.8 Recommendations
4.8.1 Integration
Educational institutions must ensure equality of opportunity for all, increase
participation and promote interaction between different groups by ensuring all
societies are inclusive, setting up interfaith boards and funding events that bring
different people around a common issue or cause.
4.8.2 Engagement
HE providers should encourage students to play a full and active role in wider
engagement with society. For example encouraging participation in the
democratic process - on campus, in local politics or at a national level, or
encouraging students to take up volunteering opportunities which can empower
students and enable them to develop new skills and mix with others from
different backgrounds.12
4.8.3 Protecting students from recruitment to violent extremism
One method of protecting students could be to publicise how violent extremist
groups operate and recruit, and who to contact with any concerns. There should
be an assessment of whether specialist support mechanisms should be
implemented for students who may be deemed to be more susceptible to
recruiters seeking to befriend and indoctrinate them.
4.8.4 Publicising sources of further information and support
HE providers should work closely with the students’ union and student societies
to publicise appropriate contacts with whom students with any concerns about
violent extremism can consult in confidence. These could be confidential
helplines; religious advisers; tutors specialising in certain areas who would be
willing to speak to students with questions; student welfare groups or other
forms of information or support. Mosques or other Muslim groups in local
communities may also have the expertise to play a positive role here.
4.8.5 External Speakers
HE providers should establish a policy of ensuring beforehand that external
speakers do not adhere to or advocate violent extremism. Universities and
12 The Commission for Racial Equality undertakes detailed work on these issues. For more
information see www.cre.gov.uk
colleges should consider sharing information on issues such as speakers of
concern or those who are deemed inappropriate to be allowed onto campus,
who are involved in any form of extremism.
4.8.6 Developing an Institutional Standard
HE providers could establish a clear institutional standard alongside their
mission statement outlining what behaviour is allowed within the campus
community and what is not.
4.8.7 Incident Planning
HE providers should consider having emergency plans in place to respond to an
event or an incident, for example if a student is arrested under terrorism
legislation. What are the implications for students and staff and how should they
be supported?
4.8.8 Consultation process
If an incident is judged to be serious then HE providers should consult the
authorities immediately. For a less serious incident the following process might
be a useful model to consider:
Stage 1: Educational provider investigates and talks to students and staff about
the incident
Stage 2: Information is shared with other universities and colleges who may
face similar issues
Stage 3: Consult local communities, voluntary/community organisations, faith
leaders, Local Authorities
Stage 4: Bring together internal players including the Students Union to work
towards a consensus about how to respond
Stage 5: Enact the decision including bringing the police if and where necessary
5: Engagement with Police
5.1 There are a number of intervention options available to HE providers that
may be more appropriate than direct police enforcement action. These can
range from overt engagement and diversion work to simply enforcing existing
rules. A partnership approach between police and HE providers may enable
early intervention to take place that could negate a later need for enforcement
action.
5.2 However those few HE providers that identify they may have a problem with
violent extremist groups will be fully supported by the police in their efforts to
promote good campus and community safety.
5.3 Many HE providers have highly effective multi-level liaison with their local
uniform police. However, it is important that these partnerships between the
police and universities and colleges are able to address effectively the full range
of policing issues that may be found on campus. This includes instances of
violent extremism that may lead to terrorism. The police are keen to build on
existing relationships to support HE providers in recognising and responding to
such instances should they occur.
5.4 With the complexities and difficulties surrounding violent extremism, the
police are seeking to promote a position whereby HE providers have the
confidence to share concerns about emerging (or existing) instances of violent
extremism on campus with them. Equally, it is important for the police (and
wider community) to have confidence that a local HEI can recognise if it has a
problem and ask for help. In order to assess this capability it may be useful for
HE providers to consider the following questions:
• Can staff identify violent extremist behaviour?
• Do staff have the confidence to report it within the institution?
• Does the HE provider have the processes in place, and the
willingness, to get that information to the police?
5.5 Staff in the institution may be unsure of how to recognise signs of violent
extremism, or should they become aware, may be unsure of what they can or
should do with that information. Police can offer support and guidance to HE
providers in developing strategies, policies or training to assist them in
recognising and responding to potential violent extremism. The police will also
take the appropriate law enforcement action on the rare occasions this may be
required.
6: Annex
Legal update: Introduction
An overview of the key legislation for HE providers to consider when dealing
with violent extremism can be found in the guidance ‘Promoting Good Campus
Relations: Dealing with Hate Crimes and Intolerance.’13.
When making a decision on how to deal with an incident on campus, HE
providers will need to take into account the concepts of reasonableness and
proportionality. The Commission for Racial Equality advises that, if a right under
the European Convention on Human Rights is to be restricted or limited in any
way, then it will be necessary to demonstrate that:
• the decision has been reached after careful consideration;
• the decision is based on evidence;
• the decision is necessary to prevent crime or disorder, or otherwise to
protect the rights and freedoms of others;
• the decision is proportionate.
In essence any action taken must be a reasonable response to the perceived or
actual threat and must be proportionate to the situation. HE providers need to
be able to show that any decision has been based on consideration of all
available information and is sound. If a reasonable decision is taken and
documented as a result of evidenced balancing of the all the relevant issues, an
institution should be able to defend its actions against any subsequent claim.
Freedom of Speech
HE providers have a particular position with regard to freedom of speech. Under
the Education (No. 2) Act 1986, persons concerned in the government of an
institution in the higher or further education sector have a duty to take such
steps as are reasonably practicable to ensure that freedom of speech within the
law is secured for members, students, employees and visiting speakers. They
must also ensure insofar as reasonably practicable that the use of the
institution’s premises is not denied to any individual or body or people on the
grounds of their beliefs, views, policies or objectives. The right to freedom of
expression can be subject to limitations provided those limitations can be
justified. A limitation can only be justified if it is in accordance with the law, is in
pursuit of a legitimate aim (including the prevention of disorder or crime; to
protect health or morals; or, in the interests of national security) and is
necessary in a democratic society.
Employment Equality (Religion or Belief) Regulations 2003
HE providers also need to be particularly aware of the Employment Equality
(Religion or Belief) Regulations 2003. These Regulations outlaw direct and
indirect discrimination (and victimisation and harassment) on grounds of religion
or belief. The indirect discrimination provisions apply where a policy or practice
has a detrimental impact on a particular religious group that cannot be justified.
13 Promoting Good Campus Relations: Dealing with Hate Crimes and Intolerance, issued by
Universities UK/Equality Challenge Unit/SCOP, November 2005
Essential to the issue of justification is the relevance and proportionality of the
policy or practice. The Regulations apply to the employment of staff and to the
provision of vocational training, including education in institutions of further or
higher education.
Race Relations Act 1976, as amended by the Race Relations (Amendment)
Act 2000
The amended Race Relations Act requires HEIs, in carrying out their functions,
to have due regard to the need to eliminate unlawful racial discrimination and
promote equality of opportunity and good relations between persons of different
racial groups.14
Disclosures to the Police
If a university or college suspects that an offence has been or is likely to be
committed then a report should be made to the police. Educational providers
should have a policy on the release of student information which should be
followed. If the police require information from an university or college then they
will make a request for it. A court order is not necessarily required before a
disclosure can be made to the police, although if a university or college receives
such an order it must be complied with. Most Police Forces will have their own
request form which should always include a brief outline of the nature of the
investigation, the student's role in that investigation, the signature of the
investigating officer and will, if necessary, provide how the request is compatible
with the Data Protection Act 1998. Disclosures should be made in writing rather
than over the telephone.
Under section 38B of the Terrorism Act 2000 a person commits an offence if he
or she has information which he or she knows or believes might be of material
assistance in preventing another person from committing an act of terrorism or
securing the apprehension, prosecution or conviction of another person, in the
UK, for an offence involving the commission, preparation or instigation of an act
of terrorism and he or she fails to disclose that information to a constable as
soon as reasonably practicable. Section 19 of the Terrorism Act 2000 places a
legal duty on a person to disclose to a constable that he believes or suspects
that an offence under sections 15 to 18 of that Act has been committed, if the
belief or suspicion is based on information that came to the person in the course
of a trade, profession, business or employment. Sections 15 to 18 deal with
offences relating to funding terrorism and the laundering of terrorist property. If
a person fails to make a disclosure in accordance with section 19 they commit
an offence. Section 21A of the Terrorism Act 2000 creates a similar offence in
relation to information that comes to a person in the regulated sector.
Legislation Enacted In 2006
The following provides an update on key pieces of legislation which have been
enacted in 2006 and which have a direct impact on the issues surrounding
extremism. These should be read in conjunction with the previous guidance on
14 Further, more specific, guidance on the duties that apply to educational establishments can
be found on the CRE's website at http://www.cre.gov.uk/legal/index.html
Promoting Good Campus Relations: Dealing with hate crimes and intolerance
which contains a more comprehensive section on relevant legislation.15
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 was passed by Parliament on 16
February 2006. It is intended to extend existing incitement to racial hatred laws
that protect certain religious groups to provide protection for people of all faiths
and those of no faith by creating a number of new offences which relate to the
stirring up of religious hatred. This legislation will operate in England and Wales
under part 3A of the Public Order Act 1986, which is due to come into force in
February 2007 which the 2006 Act is due to be commenced.
The new legislation creates a number of new offences including an offence for a
person to use threatening words or behaviour, or to display any threatening
written material, with the intent to stir up religious hatred. For this purpose,
religious hatred is defined as hatred against a group of people defined by
reference to religious belief or lack of religious belief.
Educational providers should note that the legislation is not intended to impinge
on students’ freedom of speech: the Act does not prevent students from
offending, criticising or ridiculing faiths without any intention to stir up religious
hatred. Rather, protection will be provided from the stirring up of hatred against
students because of their faith or lack of it.
Terrorism Act 2006
This Act came into force (in the main) on 13 April 2006 and created offences
which include:
• Publishing or causing to be published a statement which is likely to be
understood as directly or indirectly encouraging terrorism. Indirect
encouragement includes glorification as long as those to whom the
statement is published understand that the conduct that is glorified is
glorified as conduct that should be emulated (section 1).
• Disseminating terrorist publications. Dissemination includes distributing,
circulating, selling, e-mailing or offering for download. A publication will be a
terrorist publication if it contains matter which direct or indirectly encourages
terrorism, or is useful in acts of terrorism and was included in the publication
wholly or mainly for the purpose of being so useful. Indirect encouragement
includes glorification as long as those to whom the publication is made
available understand that the conduct that is glorified is glorified as conduct
that should be emulated (section 2).
• Preparing to commit an act of terrorism or to assist others to do so, if the
defendant has the necessary intention to commit an act of terrorism or assist
others to do so (section 5).
• Giving or receiving training in certain terrorist skills such as the making
handling or use of a noxious substance (section 6).
• Attending at a place used for terrorist training (section 8).
15 Promoting Good Campus Relations: Dealing with Hate Crimes and Intolerance, Universities
UK/Equality Challenge Unit/SCOP, November 2005
The Act also increases the maximum period that a person can be held after
arrest under section 41 of the Terrorism Act 2000 and before charge from 14
days to 28 days.
There are opportunities for students in universities and colleges to be
manipulated by individuals who commit these offences or to commit these
offences themselves. Examples of undesirable and possibly criminal conduct in
this context could include: an individual handing out flyers or leaflets or offering
for sale books, videos or DVDs that encourage terrorism; the use of an
university or college IT system to circulate material that encourages terrorism;
the use of university or college facilities to carry out training in terrorist skills.
Equality Act 2006
Part 2 of The Equality Act 2006, which is due to come into force in April 2007,
makes it unlawful to discriminate on grounds of religion or belief in:
• Education
• The provision of goods, facilities and services
• The use and disposal of premises
• The exercise of public functions
The measures will afford protection from:
• Direct discrimination, where a person is treated less favourably than
another.
• Indirect discrimination, where a provision, criterion or practice has the effect
of putting people of a particular religion or belief at a disadvantage when
compared to others which cannot be reasonably justified.
• Victimisation, where someone is treated less favourably than others
because, for example, they have complained of discrimination on the
grounds of religion or belief or have assisted someone else in a complaint.
Individuals are protected not only if they suffer direct discrimination because of
their own religion or belief, but also if they are directly discriminated against
because of the religion or belief of someone they are associated with (such as a
friend or member of their family). Individuals are also protected if they are
discriminated against because the discriminator mistakenly thinks that they
belong to a certain religion, for example because of what they are wearing,
even when they do not.
The concept of religion or belief also covers a lack of religion or belief, which
means that people will be protected if they suffer discrimination because they
have no specific religion or belief.
just found this document notice how they talk about new world order
Contents
Foreword page 3
Chapter 1: Introduction page 4
Chapter 2: What is Violent Extremism in
the Name of Islam? page 6
Chapter 3: Recognising Violent Extremism in
the Name of Islam page 7
Chapter 4: Scenarios and Responses page 10
Chapter 5: Engagement with Police page 16
Chapter 6: Annex page 16
Foreword
This guidance has been produced by the Government and is aimed at the Vice-Chancellors
and Principals of Higher Education (HE) Providers. It comes in response to requests from some
educational providers for practical advice on how to respond to a number of challenging
and sensitive issues. The guidance gives practical advice and draws on the good practice that
already exists within the sector.
We recognise that academic institutions have two main responsibilities which they should
take equally seriously. The first is to assure all constituent communities, and in this context
particularly our Muslim communities, that we all share in the fundamental values of free
intellectual enquiry and free expression within the law. This guidance is not about closing down
open debate and discussion. It is about ensuring that free speech is not tempered by those
wanting to bully others. It is violent extremists who want to stifle this dialogue and debate,
and who want to create and exploit divisions between communities. The second is to ensure
that there is no violence, incitement to violence or other illegal behaviour on our campuses, no
matter what reasons are put forward as justification.
To balance both of these responsibilities is not always an easy task but it is one to which all of
us are resolutely committed. Short term we have to play our part in ensuring civic safety, but
longer term the main role of universities and colleges is to work towards a society in which all
groups feel they belong and to which they have an equal responsibility. It is vitally important
that in dealing with the present situation we do not lose that long term goal.
The document is part of a range of guidance available to HE providers on tackling different
forms of extremism that might take place on campus. Violent extremism in the name of Islam
is not the only form of extremism that exists on campus and universities and colleges should
be prepared to take a tough line against any form of extremism that leads to or advocates
violence. However this guidance is concerned with how HE providers can work with the vast
majority of students on campus to isolate and challenge the very small minority who promote
violent extremism in the name of Islam. It seeks to sensitise staff to the issues and encourage
them to think about how Higher Education communities can become more vigilant and work
with staff and students to take responsible preventative action to tackle violent extremism in
the name of Islam on their campuses.
Bill Rammell MP
Minister of State for Higher
Education and Lifelong Learning
1: Introduction
1.1 There is a real, credible and sustained threat to the UK from violent
extremism in the name of Islam. To overcome this threat the government firmly
believes that all organisations and communities should be involved in working
together to tackle the shared problem.
1.2 The Government has carefully considered the range of evidence available
on violent extremism at universities and colleges. There is evidence of some
individuals involved in violent extremist activity in the name of Islam, although
there is no evidence to suggest that the problem is widespread. This document
provides guidance for university and college authorities who provide higher
education in England on tackling extremism in the name of Islam, within the
context of promoting good campus relations and allowing genuine debate,
focussing on the role HE providers, communities and students can play in
achieving this. It builds on the Government’s commitment to assist educational
providers in tackling forms of extremism and on previous publications on
promoting good campus relations including the Universities UK/Equality
Challenge Unit/SCOP report issued last year ‘Promoting Good Campus
Relations: Dealing with Hate Crimes and Intolerance’, which emphasised the
need for universities to take robust action to deal with any form of religious
hatred or unacceptable behaviour on campus.1 One of the key aims of all these
documents is to support educational providers in protecting and ensuring the
welfare of all their students.
1.3 Freedom of expression is a cornerstone of our democracy. A valued aspect
of the right to freedom of expression in the UK is that individuals have the right
to criticise, disagree and campaign against the government on any issue of
foreign or domestic policy they choose. It can be entirely legitimate to hold a
view that is radical or extreme on the political spectrum. However it becomes
unacceptable when individuals develop extremist views that lead them to
espouse, advocate or even undertake or facilitate violent acts that deliberately
undermine good campus and community relations, using their extremist
viewpoint as a justification for their actions.
1.4 This document is concerned with recognising and tackling this form of
extremist behaviour and protecting students, not with targeting or monitoring
particular individuals or groups of individuals. HE providers have a leadership
role to work with staff and students of all backgrounds to isolate and challenge
extremism that leads to or promotes violence wherever it exists by determining
appropriate boundaries for behaviour on campus and identifying when
behaviour may move beyond legitimate activities.
1 Promoting Good Campus Relations: Dealing with Hate Crimes and Intolerance, issued by
Universities UK/Equality Challenge Unit/SCOP, November 2005
1.5 This guidance highlights the crucial importance of HE providers in working
with students of all backgrounds to build community cohesion2 and good race
relations3 on campus. It aims to share information and experiences in order to
enable university or college authorities to develop a more consistent and
effective approach across HE providers. Most importantly it considers
recommendations that may be necessary to ensure good relations and a safe
environment in HE providers, thus ensuring that all staff and students can work,
study and live without fear of intimidation, harassment, bullying and threatening
or violent behaviour.
2For further information on community cohesion issues see:
http://www.lga.gov.uk/Publication.asp?lsection=59&id=SXFC19-A7814115&ccat=249
3 For further information on race relations issues see: http://www.cre.gov.uk/duty/index.html
2: What Is Violent Extremism In The Name Of Islam?
2.1 Unacceptable extremism can range from incitement of social, racial or
religious hatred, to advocating the use of violence to achieve fundamental
change to the constitutional structure of the UK, to carrying out terrorist acts.
Individuals can and do hold extreme views without espousing violence. The
authorities are concerned with any form of extremism
that espouses, promotes or leads to violence: ‘violent extremism’.
2.2 Violent extremist activity in the name of Islam is justified using a literal,
distorted and unrepresentative interpretation of Islamic texts to advocate and
justify violence in order to achieve fundamental change in society. Individuals
involved in this form of extremism can be involved in criminal activity. They can
either be directly involved in violence and terrorist acts, or can be involved
indirectly through inciting others to become involved in violence or supporting or
funding violent activities.4 However it is also important to recognise that the
process of turning towards extreme views or sympathising with political,
religious or ideological causes is not in itself necessarily a criminal activity.
2.3 The vast majority of Muslims in the UK and abroad reject both extremism
and violence: violent extremists represent only a tiny minority of individuals in
the UK and abroad. A clear distinction should be made between these extremist
individuals and the faith they might claim to be associated with or represent.
Indeed extremists who wrongly argue for support for acts of terrorism in the
name of Islam present a threat to all communities. Moreover propagating false
perceptions about the values and beliefs of Islam potentially adds to a vicious
circle that may fuel discrimination and Islamophobia. This may, in turn,
exacerbate violent extremism in the name of Islam, as individuals perceive that
they are increasingly marginalised. HE providers should have robust policies in
place to tackle any such prejudice or intolerance against them or any other
student grouping of any background and should also be alert to how different
forms of unacceptable behaviour and extremism on campus can interact.5
2.4 The Government judges the principal current terrorist threat to the UK to be
from Islamist terrorism. The threat is international in its scope, involving a
variety of individuals, networks and groups who are driven by violent and
extremist beliefs. They are indiscriminate – aiming to commit murder and cause
mass casualties, regardless of the age, nationality, or religion of their victims;
and they are prepared to commit suicide to do so. The overall assessment is
that the threat is unlikely to diminish for some years.6
4 page 18, Chapter 6: Annex, on Terrorism Act 2006
5 For further information on tackling hate crimes and intolerance please refer to Promoting Good
Campus Relations: Dealing with Hate Crimes and Intolerance, Universities UK/Equality
Challenge Unit/SCOP, November 2005
6 Page 1, Countering International Terrorism: The United Kingdom’s Strategy, HM Government,
July 2006
3: Recognising Violent Extremism In The Name Of Islam
3.1 Introduction
3.1.1 HE providers have long established traditions of encouraging radical
debate, ideas and ensuring freedom of speech. There is a difference between
these activities and others that can lead individuals to promote, encourage or
incite violence. It is the latter with which HE providers should be concerned.
3.1.2 The process of an individual turning to violent extremism in the name of
Islam can occur because of a variety of factors, of which no single factor
predominates.7 However, it is likely that the catalyst for any given individual
developing Islamist extremist views will be a varying combination of: the
development of a sense of grievance and injustice; a negative and partial
interpretation of history and recent events and of the perceived policies of ‘the
West’; a sense of personal alienation or community disadvantage arising from
socio-economic factors such as discrimination, social exclusion and lack of
opportunity; and exposure to extremist ideas, whether from the internet, peers
or a forceful and inspiring figure already committed to extremism.8
3.1.3 The following sequence highlights some themes that could play a role in
the process of recruiting and grooming individuals to violent extremism in the
name of Islam on campus. Similar themes and tactics exist for other forms of
extremism on university and college campuses.
3.2 Networks
3.2.1 The nature of HE providers means that the student population is fluid and
therefore the extent of different types of extremism on campus can be subject to
change over time. The level of extremism can also be disproportionately
affected by the simultaneous presence of a few like-minded individuals. Even
one particularly determined individual can have a significant impact on the
extent of extremism at a particular university or college.
3.2.2 Universities and colleges can provide a recruiting ground for extremists of
all forms, and particularly those that target young people. Student communities
provide an opportunity for extremist individuals to form new networks, and
extend existing ones. Different categories of students may be affected. There
are those who quite rightly are keen to explore the wider issues of their faith;
there are those who may be actively looking for extremist individuals with whom
to associate; there are those who may be new to a university or college
environment and vulnerable to ‘grooming’ by individuals with their own agenda
as they search for friends and social groups. For example grooming may
involve separating students from their roots (such as family and old friends)
thereby isolating them from alternative views. This is a tactic deployed by
7 Page 12, ‘Preventing Extremism Together’ Working Groups Report, August-October 2005
http://www.communities.gov.uk/pub/16/PreventingExtremismTogetherworkinggroupreportAugOc t2005_id1502016.pdf
8 Page 10, Countering International Terrorism: The United Kingdom’s Strategy, HM
Government, July 2006
recruiters, and can be more easily achieved in a setting where young people
are separated from their family environment.
3.3 Segregation
3.3.1 Ethnically segregated communities are increasingly common on campus.
Two of the main reasons for this occurrence are lack of opportunity to mix with
others and making the decision to separate from mainstream society. Lack of
opportunity to interact can have a negative impact on how individuals view
themselves and are viewed by others. Feelings of isolation, retreating into ones
own community and feeling hostility towards the 'other' can exacerbate
extremism.
3.3.2 The danger in having such segregated communities on campus is that in
such an environment, attitudes and beliefs can be reinforced so that there is
little opportunity for dissent, free-thinking or the dilution of commonly held
preconceptions about issues within the segregated community or wider
communities. Segregated communities may steadily drift away from each other
increasingly regarding the codes of behaviour, loyalty and respect that wider
society take for granted as behaviour that no longer applies to them. What can
then follow is division and conflict. Attempts at encouraging integration can be
presented by those who prefer segregation as being designed to destroy close
community ties, breaking up groups.
3.4 Student societies and other groups
3.4.1 The overwhelming majority of faith-based student organisations are
moderate and democratic groupings that seek to provide students with accurate
information on religious beliefs, history and civilisations, as well as organising
prayer meetings, speakers and other activities. These societies can have an
influential role on campus with members varying in numbers across institutions.
For those who are members, these societies can wield significant influence in
their lives through organising liturgical and other activities. It follows that should
control of a university or college society or other group fall into the hands of
extremist individuals, this can play a significant role in the extent of extremism
on campus. Taking control of Friday prayers, other prayer meetings and
sermons and the use of charismatic radical speakers can be means by which
extreme groups seek to spread their messages.
3.5 Outside Speakers
3.5.1 Student groups commonly hold debates and talks on a variety of issues
and often invite speakers or preachers onto campuses. This is an important part
of encouraging vibrant debate and discussion about issues of concern.
However, on occasion such speakers may hold very extreme views which could
include advocating and justifying the use of violence. These individuals can be
forceful, persuasive and eloquent, and often have a scholarly background, the
latter fact being emphasised in order to give them greater credibility in the eyes
of students. They seek to exploit feelings of alienation and sometimes offer
“religious” justifications for extreme actions. It is increasingly likely that speakers
would be careful to keep their messages within acceptable limits while speaking
at university or college meetings.
3.6 Peer group pressure and bullying
3.6.1 Peer group pressure at meetings and debates can help to sway opinion,
bringing moderates over to a more radical viewpoint. Those who have a
differing viewpoint can be afraid to speak and differentiate themselves from the
majority. Individuals who openly disagree could be opening themselves up to
being accused of not being a true Muslim and become sidelined. Sometimes a
group collectively adopts a more extreme position than would be expected from
an analysis of views held by individual members of the group. Extremist
individuals have also been known to ‘groom’ likely recruits, by closely observing
those willing to adopt more extreme viewpoints or those perceived to be
vulnerable and more likely to be easily influenced. There have been instances
whereby extremist individuals have befriended vulnerable students in order to
create a culture of dependency and influence over them.
3.7 Meetings subsequently attended outside a University or College
3.7.1 HE societies and other groups are often inter-linked, as well as being in
touch with networks outside the university or college. Details of external
meetings can be passed on by word of mouth and particularly religious students
can be targeted, or those who have shown a particular interest and fervour in
the subjects of debates. It is at these external meetings that opinions can be
more openly aired and more extreme views can be roused. Individuals may be
encouraged to feel angry, frustrated, humiliated and powerless and may
develop a strong desire to take some form of action to seek redress. HE
providers should ensure they have an awareness of the local community
context in which they are based and how that might impact on students.
4: Scenarios And Responses
The following scenarios are all based on real events that have occurred at
universities and colleges in the UK
4.1 Introduction
4.1.1 This guidance is about tackling violent extremism in the name of Islam at
HE providers. It is not about eroding the long-established traditions of
encouraging radical debate, ideas and freedom of speech within universities
and colleges. Universities and colleges are in a unique position to provide a
forum for open debate and discussion.
4.1.2 This section seeks to identify some of the activities or incidents in and
around campuses which could potentially be associated with violent extremism
in the name of Islam. That is not to say that such activities are necessarily
illegitimate or criminal. The difficult balance which HE providers need to strike is
to ensure that debate and discussion continues while being able to respond
appropriately where concerns about violent extremism are identified.
4.1.3 When considering how to respond to activities and incidents, educational
institutions should be alert to the possibility of unsubstantiated allegations being
made against individuals or groups. There is a judgement to be made about
how much internal investigation should be undertaken before taking any
concerns to the police. But the closer and more informed the established
relationship is between educational institutions, student unions, societies,
security officers and police, the easier it will be to make the correct decisions if
incidents do occur and need investigation and action.
4.2 Example One – Suspected Extremist Literature On Campus
A member of teaching staff has raised concerns with university authorities about
some literature that was left lying around in a university room in which she took
a tutorial group. Some leaflets were written in English, and others appeared to
be in Arabic. She reported that the literature in English had titles such as ‘Who
is a legitimate target?’ and ‘From Jihad to a new world order.’ One of the
students in the tutorial group reported that she had seen lots of the pamphlets
lying around other places in the university earlier in the day, and a number of
students walking around with bundles of them.
4.2.1 Issues to consider
• The leaflets may constitute a criminal offence under terrorism or racial
and religious hatred legislation.9 In addition educational institutions
should have clear policies regarding hate crimes.
9 page 19, Chapter 6: Annex, ‘Terrorism Act 2006’ and ‘Racial and Religious Hatred Act 2006’
• Do you have a reporting mechanism for staff and students to report any
concerns within the HE provider? Are the reporting mechanisms clear
and understood? Who should decide whether to inform the police?
• HE providers should be encouraging exploration and debate as part of its
students’ right to free expression of religious and political views
• Is there a need to have a local policy on room bookings and contents of
posters and meeting flyers?10
• Does the HE provider have the means of translating foreign language
material if necessary?
4.3 Example Two – Extremist Speaker Attending University Seminar
A group of students have approached their personal tutor to express concern
about a speaker who has been asked by a student society to deliver a talk
entitled ‘Terrorist or Freedom Fighter?’ They believe him to be someone who is
using extremist language in the name of Islam who has made comments in the
media that acts of terrorism against British citizens are justified.
4.3.1 Issues to consider
• The speaker may have the right to express his views and staff and
students the right to hear them, providing there is no likelihood of
disorder or a crime being committed and no interference with the rights of
others. It might be appropriate to ensure events or a series of events are
balanced, with speakers offering differing viewpoints and arguments
• The speaker’s conduct could amount to a criminal offence under
terrorism legislation or a public order offence. It is in the interest of the
HE provider to prevent public disorder on campus, and they should
establish the speaker’s track record. If the speaker had indeed made the
comments ascribed to him the HE provider should consider excluding
him from speaking on the campus or premises. If there is no evidence to
support the claims, the HE provider will still need to deal with the
concerns raised and decide on the potential impact of the talk on the
wider student communities.
• Is there a need to have a local policy to ensure that the university or
college authorities are aware of and if appropriate advise on external
speakers with student societies / the Students’ Union?
4.4 Example Three – Inappropriate Student Use Of The Internet
10 The CRE have issued advice on this subject in the context of other forms of extremism to
which universities and colleges may find it useful to refer:
http://www.cre.gov.uk/downloads/Defeating_organised_racial_hatred.pdf
College Library staff have reported that a student has approached them
expressing concerns at images she had seen fellow students looking at on
computers in an IT room. She reported that two males were looking at some
kind of home-made images of other men dressed in military and civilian clothing
holding guns. The two men were joined by two others and she could see that
they were watching shots being fired and explosions on the computer. The
images then appeared to show somebody making a home made explosive
device.
4.4.1 Issues to consider
• HE providers should consider that the dissemination of terrorist
publications is an offence under section 2 of the Terrorism Act 2006.
• The HE provider will have a policy on internet use and internet security
as staff and students may need to access material of this sort as part of
legitimate research. If it is alleged that these policies are breached then
what is the process for sensitively investigating allegations, and if
necessary who should decide whether to inform the police?
4.5 Example Four – Student Society Meetings Becoming Increasingly
Extreme
A second year student who is a member of the Islamic Society affiliated to the
Student Union has expressed concerns to a personal tutor that Society
meetings have begun to turn more extreme under the influence of a number of
individuals who have recently joined the society. The student has also
expressed concerns about members being coerced into voting for these
individuals to play key roles including president and treasurer of the Society in
forthcoming elections. The tutor reported that the student was extremely
anxious that her identity would remain confidential.
4.5.1 Issues to consider
• Students have the right to freedom of expression and association and the
HE provider cannot interfere with that right unless justified.11
• The HE provider must ensure the Students’ Union implements a
complaints procedure.
• A student should not be harassed or intimidated and educational
institutions should robustly enforce their anti-bullying policies.
• The HE provider and students union should have policies in place stating
when and how the society can be sanctioned.
• The HE provider’s religious advisors and student welfare officers could
be consulted for further guidance.
11 page 17, Chapter 6: Annex, ‘Freedom of Expression’
4.6 Example Five – Concerns About Potentially Suspicious Group Activity
A staff member has been made aware by a student of a group of students who
meet up on Monday evenings to take part in a martial arts club followed by a
‘current affairs discussion group’ on subjects ranging from ‘The duties of
Muslims in the UK today’, ‘Islam and the West’ and ‘The plight of Muslims
across the world.’ These activities have been advertised through leaflets on a
University or college notice-board. The leaflet does not give verifiable contact
information about the organisers but does give out a contact mobile phone
number. The student informing the staff member had spoken to an attendee of
the Monday evening session, and from his conversation was concerned that the
activities were organised by a group seeking to spread violent extremist views
in the name of Islam.
4.6.1 Issues to consider
• Students have the right to freedom of expression and association. This
includes convening and advertising informal groups. However, such
groups have, on rare occasions, formed the basis, for developing violent
extremist views.
• Is there a need for a local policy on groups advertised on campus?
Could the HE provider work with student societies/Students’ Union to
develop one? Should one of the student bodies contact the group? Is
there a role for an HE provider religious advisor to become involved?
• Are the reporting mechanisms for staff clear and understood? Who
should decide whether to contact the group, consult student societies or
inform the police?
• Does the student union have a policy to ensure that university or college
societies are open and inclusive?
4.7 Example Six – Use Of University or College Prayer Facilities
A student has spoken to their personal tutor about their concerns around
alleged inappropriate use of a prayer room in a university or college. The
student reported that a prayer room appeared to be off-limits and claimed
offensive material was on display on the inside of the room which could not be
seen from the outside as the windows of the room had been covered with
posters.
4.7.1 Issues to consider
• If multi-faith prayer rooms are provided, is there a ‘fair use’ policy to
ensure prayer rooms are seen as a shared resource and accessible by
all faiths?
• Are there unregulated prayer rooms for different faiths? How should the
university or college administration ensure these are accessible by all
who want to use them?
• Are prayer facilities accessible to all who want to use them including
women and those who hold other views within a particular faith?
• Are the reporting mechanisms for staff and students clear and
understood?
• Issues about extremist literature are discussed above.
4.8 Recommendations
4.8.1 Integration
Educational institutions must ensure equality of opportunity for all, increase
participation and promote interaction between different groups by ensuring all
societies are inclusive, setting up interfaith boards and funding events that bring
different people around a common issue or cause.
4.8.2 Engagement
HE providers should encourage students to play a full and active role in wider
engagement with society. For example encouraging participation in the
democratic process - on campus, in local politics or at a national level, or
encouraging students to take up volunteering opportunities which can empower
students and enable them to develop new skills and mix with others from
different backgrounds.12
4.8.3 Protecting students from recruitment to violent extremism
One method of protecting students could be to publicise how violent extremist
groups operate and recruit, and who to contact with any concerns. There should
be an assessment of whether specialist support mechanisms should be
implemented for students who may be deemed to be more susceptible to
recruiters seeking to befriend and indoctrinate them.
4.8.4 Publicising sources of further information and support
HE providers should work closely with the students’ union and student societies
to publicise appropriate contacts with whom students with any concerns about
violent extremism can consult in confidence. These could be confidential
helplines; religious advisers; tutors specialising in certain areas who would be
willing to speak to students with questions; student welfare groups or other
forms of information or support. Mosques or other Muslim groups in local
communities may also have the expertise to play a positive role here.
4.8.5 External Speakers
HE providers should establish a policy of ensuring beforehand that external
speakers do not adhere to or advocate violent extremism. Universities and
12 The Commission for Racial Equality undertakes detailed work on these issues. For more
information see www.cre.gov.uk
colleges should consider sharing information on issues such as speakers of
concern or those who are deemed inappropriate to be allowed onto campus,
who are involved in any form of extremism.
4.8.6 Developing an Institutional Standard
HE providers could establish a clear institutional standard alongside their
mission statement outlining what behaviour is allowed within the campus
community and what is not.
4.8.7 Incident Planning
HE providers should consider having emergency plans in place to respond to an
event or an incident, for example if a student is arrested under terrorism
legislation. What are the implications for students and staff and how should they
be supported?
4.8.8 Consultation process
If an incident is judged to be serious then HE providers should consult the
authorities immediately. For a less serious incident the following process might
be a useful model to consider:
Stage 1: Educational provider investigates and talks to students and staff about
the incident
Stage 2: Information is shared with other universities and colleges who may
face similar issues
Stage 3: Consult local communities, voluntary/community organisations, faith
leaders, Local Authorities
Stage 4: Bring together internal players including the Students Union to work
towards a consensus about how to respond
Stage 5: Enact the decision including bringing the police if and where necessary
5: Engagement with Police
5.1 There are a number of intervention options available to HE providers that
may be more appropriate than direct police enforcement action. These can
range from overt engagement and diversion work to simply enforcing existing
rules. A partnership approach between police and HE providers may enable
early intervention to take place that could negate a later need for enforcement
action.
5.2 However those few HE providers that identify they may have a problem with
violent extremist groups will be fully supported by the police in their efforts to
promote good campus and community safety.
5.3 Many HE providers have highly effective multi-level liaison with their local
uniform police. However, it is important that these partnerships between the
police and universities and colleges are able to address effectively the full range
of policing issues that may be found on campus. This includes instances of
violent extremism that may lead to terrorism. The police are keen to build on
existing relationships to support HE providers in recognising and responding to
such instances should they occur.
5.4 With the complexities and difficulties surrounding violent extremism, the
police are seeking to promote a position whereby HE providers have the
confidence to share concerns about emerging (or existing) instances of violent
extremism on campus with them. Equally, it is important for the police (and
wider community) to have confidence that a local HEI can recognise if it has a
problem and ask for help. In order to assess this capability it may be useful for
HE providers to consider the following questions:
• Can staff identify violent extremist behaviour?
• Do staff have the confidence to report it within the institution?
• Does the HE provider have the processes in place, and the
willingness, to get that information to the police?
5.5 Staff in the institution may be unsure of how to recognise signs of violent
extremism, or should they become aware, may be unsure of what they can or
should do with that information. Police can offer support and guidance to HE
providers in developing strategies, policies or training to assist them in
recognising and responding to potential violent extremism. The police will also
take the appropriate law enforcement action on the rare occasions this may be
required.
6: Annex
Legal update: Introduction
An overview of the key legislation for HE providers to consider when dealing
with violent extremism can be found in the guidance ‘Promoting Good Campus
Relations: Dealing with Hate Crimes and Intolerance.’13.
When making a decision on how to deal with an incident on campus, HE
providers will need to take into account the concepts of reasonableness and
proportionality. The Commission for Racial Equality advises that, if a right under
the European Convention on Human Rights is to be restricted or limited in any
way, then it will be necessary to demonstrate that:
• the decision has been reached after careful consideration;
• the decision is based on evidence;
• the decision is necessary to prevent crime or disorder, or otherwise to
protect the rights and freedoms of others;
• the decision is proportionate.
In essence any action taken must be a reasonable response to the perceived or
actual threat and must be proportionate to the situation. HE providers need to
be able to show that any decision has been based on consideration of all
available information and is sound. If a reasonable decision is taken and
documented as a result of evidenced balancing of the all the relevant issues, an
institution should be able to defend its actions against any subsequent claim.
Freedom of Speech
HE providers have a particular position with regard to freedom of speech. Under
the Education (No. 2) Act 1986, persons concerned in the government of an
institution in the higher or further education sector have a duty to take such
steps as are reasonably practicable to ensure that freedom of speech within the
law is secured for members, students, employees and visiting speakers. They
must also ensure insofar as reasonably practicable that the use of the
institution’s premises is not denied to any individual or body or people on the
grounds of their beliefs, views, policies or objectives. The right to freedom of
expression can be subject to limitations provided those limitations can be
justified. A limitation can only be justified if it is in accordance with the law, is in
pursuit of a legitimate aim (including the prevention of disorder or crime; to
protect health or morals; or, in the interests of national security) and is
necessary in a democratic society.
Employment Equality (Religion or Belief) Regulations 2003
HE providers also need to be particularly aware of the Employment Equality
(Religion or Belief) Regulations 2003. These Regulations outlaw direct and
indirect discrimination (and victimisation and harassment) on grounds of religion
or belief. The indirect discrimination provisions apply where a policy or practice
has a detrimental impact on a particular religious group that cannot be justified.
13 Promoting Good Campus Relations: Dealing with Hate Crimes and Intolerance, issued by
Universities UK/Equality Challenge Unit/SCOP, November 2005
Essential to the issue of justification is the relevance and proportionality of the
policy or practice. The Regulations apply to the employment of staff and to the
provision of vocational training, including education in institutions of further or
higher education.
Race Relations Act 1976, as amended by the Race Relations (Amendment)
Act 2000
The amended Race Relations Act requires HEIs, in carrying out their functions,
to have due regard to the need to eliminate unlawful racial discrimination and
promote equality of opportunity and good relations between persons of different
racial groups.14
Disclosures to the Police
If a university or college suspects that an offence has been or is likely to be
committed then a report should be made to the police. Educational providers
should have a policy on the release of student information which should be
followed. If the police require information from an university or college then they
will make a request for it. A court order is not necessarily required before a
disclosure can be made to the police, although if a university or college receives
such an order it must be complied with. Most Police Forces will have their own
request form which should always include a brief outline of the nature of the
investigation, the student's role in that investigation, the signature of the
investigating officer and will, if necessary, provide how the request is compatible
with the Data Protection Act 1998. Disclosures should be made in writing rather
than over the telephone.
Under section 38B of the Terrorism Act 2000 a person commits an offence if he
or she has information which he or she knows or believes might be of material
assistance in preventing another person from committing an act of terrorism or
securing the apprehension, prosecution or conviction of another person, in the
UK, for an offence involving the commission, preparation or instigation of an act
of terrorism and he or she fails to disclose that information to a constable as
soon as reasonably practicable. Section 19 of the Terrorism Act 2000 places a
legal duty on a person to disclose to a constable that he believes or suspects
that an offence under sections 15 to 18 of that Act has been committed, if the
belief or suspicion is based on information that came to the person in the course
of a trade, profession, business or employment. Sections 15 to 18 deal with
offences relating to funding terrorism and the laundering of terrorist property. If
a person fails to make a disclosure in accordance with section 19 they commit
an offence. Section 21A of the Terrorism Act 2000 creates a similar offence in
relation to information that comes to a person in the regulated sector.
Legislation Enacted In 2006
The following provides an update on key pieces of legislation which have been
enacted in 2006 and which have a direct impact on the issues surrounding
extremism. These should be read in conjunction with the previous guidance on
14 Further, more specific, guidance on the duties that apply to educational establishments can
be found on the CRE's website at http://www.cre.gov.uk/legal/index.html
Promoting Good Campus Relations: Dealing with hate crimes and intolerance
which contains a more comprehensive section on relevant legislation.15
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 was passed by Parliament on 16
February 2006. It is intended to extend existing incitement to racial hatred laws
that protect certain religious groups to provide protection for people of all faiths
and those of no faith by creating a number of new offences which relate to the
stirring up of religious hatred. This legislation will operate in England and Wales
under part 3A of the Public Order Act 1986, which is due to come into force in
February 2007 which the 2006 Act is due to be commenced.
The new legislation creates a number of new offences including an offence for a
person to use threatening words or behaviour, or to display any threatening
written material, with the intent to stir up religious hatred. For this purpose,
religious hatred is defined as hatred against a group of people defined by
reference to religious belief or lack of religious belief.
Educational providers should note that the legislation is not intended to impinge
on students’ freedom of speech: the Act does not prevent students from
offending, criticising or ridiculing faiths without any intention to stir up religious
hatred. Rather, protection will be provided from the stirring up of hatred against
students because of their faith or lack of it.
Terrorism Act 2006
This Act came into force (in the main) on 13 April 2006 and created offences
which include:
• Publishing or causing to be published a statement which is likely to be
understood as directly or indirectly encouraging terrorism. Indirect
encouragement includes glorification as long as those to whom the
statement is published understand that the conduct that is glorified is
glorified as conduct that should be emulated (section 1).
• Disseminating terrorist publications. Dissemination includes distributing,
circulating, selling, e-mailing or offering for download. A publication will be a
terrorist publication if it contains matter which direct or indirectly encourages
terrorism, or is useful in acts of terrorism and was included in the publication
wholly or mainly for the purpose of being so useful. Indirect encouragement
includes glorification as long as those to whom the publication is made
available understand that the conduct that is glorified is glorified as conduct
that should be emulated (section 2).
• Preparing to commit an act of terrorism or to assist others to do so, if the
defendant has the necessary intention to commit an act of terrorism or assist
others to do so (section 5).
• Giving or receiving training in certain terrorist skills such as the making
handling or use of a noxious substance (section 6).
• Attending at a place used for terrorist training (section 8).
15 Promoting Good Campus Relations: Dealing with Hate Crimes and Intolerance, Universities
UK/Equality Challenge Unit/SCOP, November 2005
The Act also increases the maximum period that a person can be held after
arrest under section 41 of the Terrorism Act 2000 and before charge from 14
days to 28 days.
There are opportunities for students in universities and colleges to be
manipulated by individuals who commit these offences or to commit these
offences themselves. Examples of undesirable and possibly criminal conduct in
this context could include: an individual handing out flyers or leaflets or offering
for sale books, videos or DVDs that encourage terrorism; the use of an
university or college IT system to circulate material that encourages terrorism;
the use of university or college facilities to carry out training in terrorist skills.
Equality Act 2006
Part 2 of The Equality Act 2006, which is due to come into force in April 2007,
makes it unlawful to discriminate on grounds of religion or belief in:
• Education
• The provision of goods, facilities and services
• The use and disposal of premises
• The exercise of public functions
The measures will afford protection from:
• Direct discrimination, where a person is treated less favourably than
another.
• Indirect discrimination, where a provision, criterion or practice has the effect
of putting people of a particular religion or belief at a disadvantage when
compared to others which cannot be reasonably justified.
• Victimisation, where someone is treated less favourably than others
because, for example, they have complained of discrimination on the
grounds of religion or belief or have assisted someone else in a complaint.
Individuals are protected not only if they suffer direct discrimination because of
their own religion or belief, but also if they are directly discriminated against
because of the religion or belief of someone they are associated with (such as a
friend or member of their family). Individuals are also protected if they are
discriminated against because the discriminator mistakenly thinks that they
belong to a certain religion, for example because of what they are wearing,
even when they do not.
The concept of religion or belief also covers a lack of religion or belief, which
means that people will be protected if they suffer discrimination because they
have no specific religion or belief.