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Back to Legal Provisions on Fighting Extremism

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Definition

“Extremism” is not clearly defined in domestic law.¬† There is no comprehensive counterterrorism law or a law fighting extremism.

In 2011, “terrorist activities” were defined by the national legislative body as: acts that seriously endanger the society such as acts that cause or intend to cause the death or injury of an individual, the heavy losses of properties, the damage of public facilities or the disruption of social order by such means as violence, destruction or intimidation for the purposes of creating social panic, endangering public security or coercing the State organs or international organizations and the acts of instigating, funding or otherwise assisting in the above activities.

“Terrorism” means the use or threat of action where... the use or  threat is designed to coerce and intimidate or  overawe  the Government or the public or a section of the public or community or sect or  create a sense of fear or insecurity in society; or The use or threat is made for the purpose of advancing a religious, sectarian or ethnic cause. (Sec. 6, Anti-Terrorism Act, 1997)

Activity of non-governmental, religious and other organizations, mass media or individuals, aimed at planning, organizing and implementing actions aimed at forcible change of the foundations of the constitutional system and violation of integrity of the Russian Federation; public justification of terrorism and other terrorist activity; incitement of social, racial, ethnic or religious hatred; propaganda of exclusiveness, superiority or inferiority of an individual based on his/her social, racial, ethnic, religious or linguistic identity, or his/her attitude to religion; violation of rights, liberties and legitimate interests of an individual because of his/her social, racial, ethnic, religious or linguistic identity or attitude to religion; (Article 1, Law of Russian Federation on Countering Extremist Activity )

Radical activity of legal and natural entities, which call for destabilization, change of constitutional order in the country, seize of power in the country, causing racial, national, social or religious hatred.
(Article 3, Law on Fighting Extremism of Republic of Tajikistan)

Core Legal Provision

The socialist system is the basic system of the People's Republic of China. Disruption of the socialist system by any organization or individual is prohibited.
(Article 1, Constitution of China)
Discrimination against and oppression of any ethnic groups are prohibited; any act which undermines the unity of the ethnic groups or instigates division is prohibited.
(Article 4, Constitution of China)
No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State. (Article 36, Constitution of China)

No core constitutional provision on extremism but the Constitution of Pakistan stipulates: the State shall discourage parochial, racial, tribal, sectarian and provincial prejudices among the citizens (Article 33, The Constitution of Pakistan)

Propaganda, promotion of social, racial, national, and religious supremacy as well as propaganda promotion of social, racial, national, and religious enmity or instigation of such enmity shall be forbidden. (Article 29, Constitution of Russia)

Creation and activity of assemblies advocating racial, national, social and religious hatred or calling for violent overthrowing of constitutional order and organization of armed groups shall be forbidden.
(Article 8, Constitution of Tajikistan)

Legal Acts Governing the Field

Counterterrorism:
Criminal Law;
State Security Law.

Two regulations mentioning “religious extremism”:
Regulation on Religious Affairs;
Regulation on Broadcasting and Television Administration.

Anti-Terrorism Act, 1997
Pakistan Penal Code

Law on Countering Extremist Activity
Criminal Code
Code of Administrative Violations

Law on Fighting Extremism
Law on Freedom of Conscience and on Religious Associations
Law on Responsibility of Parents for Educating and Upbringing their Children
Criminal Code
Code of Administrative Violations

Ways of Enforcement

The State establishes national counterterrorism task force (leading institution)

The counterterrorism leading institution determines lists of terrorist organizations and terrorists, which will be published by the Ministry of Public Security

Anti-Terrorism Act imposes criminal liability for acts of terrorism and acts intended or likely to stir up sectarian hatred

Establishment of Anti-Terrorism Courts (ATCs)
Power of Federal Government to proscribe organizations concerned with terrorism, place organizations under observation, and list activists, office-bearers or associates of organizations concerned or suspected to be concerned with terrorism or sectarianism

Criminal liability for propaganda and instigation of hatred among social groups (criminal’s motivation is the determining factor)

Dissolution and banning organizations conducting extremist activity

Blacklisting media publishing extremist materials.

Control over religious education of children

Control over circulation of religious literature

Criminal liability for propaganda and instigation of hatred among social groups (criminal’s motivation is the determining factor)
Criminal liability for participation in extremist organizations
Dissolution and banning organizations conducting extremist activity.

International Obligations

Shanghai Convention (The “Three Forces” approach appeared in a national development plan prior to the establishment of the SCO in the same year)

Bilateral agreements on combating Terrorism, Separatism and Extremism signed with Kyrgyzstan, Kazakhstan, Tajikistan, Uzbekistan, Pakistan, Turkmenistan, and Russia

Currently  has observer status at SCO

Seeking full membership

Currently has bilateral
Cooperation Agreement on Combating Terrorism, Separatism and Extremism with the People's Republic of China, signed on April 5, 2005

Shanghai Convention on Combating Terrorism, Separatism and Extremism

Cooperation Agreement between Russia and China on Combating Terrorism, Separatism and Extremism

Shanghai Convention on Combating Terrorism, Separatism and Extremism
Agreement with China on Cooperation in Fight Against Terrorism, Separatism and Extremism (Sept. 2, 2003)
Treaty with Kazakhstan, Kyrgyzstan, and Uzbekistan on Joint Actions in Fighting Terrorism, Political and Religious Extremism, Transnational Organized Crime, and Other Threats to Stability and Security of the Parties (Apr. 21, 2000)
SCO Agreement on Cooperation in Preventing Entry to Member States for persons participating in terrorism, separatism and extremism (June 15, 2006)

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Last Updated: 01/12/2016