ITEM 11: Civil and Political Rights

Delivered by Khalil Tahir on 15th April 2002

Terrorism and Human Rights

The 11th of September event even has clearly demonstrated the security dimensions of globalisation as well as the primacy of politics over the centrality of economy. It has also shown the fragility of what holds the current system of global governance. In its after math, either for presumed or assumed reasons, member states of the UN have rushed in with legal measures that have "smuggled in powers that have little or nothing to do with terrorism" with subsequent miniaturizations of the rule of law and causalities have been many, for instance, freedom of press is under attack in many parts of the world, notably in Asia. Arbitrary detention, ignoring humanitarian and human rights norms are on the rise, often with impunity. Both the High Commissioner for Human Rights and the UN Secretary General as well as few states and NGOs have reminded this session the inherent necessity for respecting Human Rights and humanitarian standards, painstakingly established over the last five decades. The Commission is urged to face squarely this ethical and moral imperative, while addressing the evils of terrorist.

Religious Intolerance

On the other hand, many events since the last session have shown the prevalence across the world of inter-ethnic and communal conflicts – like in Indonesia, Nigeria, India, Gujarat and other places where hatred continues to blaze. There is a sharp rise in religious intolerance and in most circumstances, the concerned parties, including states both the Durban Conference and its outcome are inadequate, particularly how "to ensure the accountability of non-state actors who violate human right standards2 as well as the role of governance when governed become hapless victims. Delays in administration of justice related to such events of intolerance have contributed to "a breeding ground for continued occurrence of human rights violations." It also undermines the consent of the governed. Drastic measures, respecting human norms, are needed as a matter of high priority.

Religious Minorities

Pax Romana, in this connection, also likes to persist out the inadequacy of international mechanisms and domestic remedies when it comes to religious minorities, in relation to Art. 2.1 of the Declaration on Minorities. The Durban declaration even fails to mention it in its final declaration and those suffering religious intolerance are classified as 2other victims". In the case of Pakistan, in spite of recent measures proposed, the religious minorities are feeling insecure. Religious intolerance remains institutionalised in that country. We call upon the government of Pakistan that besides recent initiatives to undertake confidence-building measures of a non-discriminatory nature in a number of areas including education, state controlled electronic media, and employment. On behalf of religious minorities, equally Pax Romana urges the special Rapporteur on Religious Intolerance, who has raised the violation of Human rights confronting religious minorities in many countries to undertake serious investigations thematically and to propose comitant preventive remedies. The working Group on Minorities of the Sub-Commission on Human Rights has proposed the appointment of a Special Rapporteur for minorities at its 53rd session. Pax Romana welcomes this proposal.

Conscientious Objection

Related to religious intolerance, Pax Romana calls upon the Commission on Human Rights to take appropriate measures concerning conscientious objection to military service, particularly in cases, when the government of South Korean and Singapore refuse to recognize conscientious objection as universal human rights and fail to implement their duties to protect and promote such a right in their own countries. Consequently, as many as 1,600 in South Korea and about 30 members of Jehovah’s witnesses (Amnesty International Report 2001) in Singapore are in jail due to their legitimate exercise of their right to conscientious objection.

In this connection, we urge both the governments to immediately release all prisoners of conscientious objection and to stop criminalizing them by providing alternative civilian service to military service as recommended by the CHR resolution 1998/77.

Furthermore, we urge the government to Singapore to accede to the International Covenant on Civil and Political Rights immediately. Today, the contours of Sovereignty and security demands are different. The Human Rights Committee at its 48th session in 1993 in its General Comment no. 22 stated that "such a right can be derived from article 18 in as much as the obligation to use lethal force may seriously conflict with the freedom of conscience and the right to manifest one's religious or belief". We also ask the Office of the High Commissioner for Human Rights to examine the obstacles towards the realization of the right to conscientious objection along with the collection of best practices as mandated by the CHR resolution 2000/34.

The Right of Popular Participation at Global Level

In conclusion, Mr Chairman,

Pax Romana wishes to raise a major global concern related to freedom of assembly, the right to popular participation and the right to dissent, specifically, recent events surrounding the summit meetings of G8 in Genoa and the European Union at Barcelona. Excessive demonstration and disproportionate use of force has been conspicuously manifested. Pax Romana has already raised this concern at the 53rd session of the Sub-Commission last year. Recently, similar events took place at Woodmere in Australia, where asylum seekers are detained in privatised prisons. The use of force at such events does not augue well for advocates of Human Rights norms and its implementation.

Thank you Mr. Chairman.