HUMAN RIGHTS Vs. TERRORISM: PRACTICING PROMOTING AND PROTECTING HUMAN RIGHTS IN A SOCIETY EFFECTED BY TERRORISM

Article No. 13

September 2010.

 

HUMAN RIGHTS Vs. TERRORISM: PRACTICING PROMOTING

AND PROTECTING HUMAN RIGHTS IN A SOCIETY EFFECTED

BY TERRORISM

 

BY

 

DR. MAHINDA BALASURIYA

Grand Ph.D., (IUFS Russia), M.Phil., (Sri Lanka), B.Sc., (India)

INSPECTOR GENERAL OF POLICE (CHIEF OF POLICE)

SRI LANKA

 

01.         INTRODUCTION

 

The doctrine of Human Rights is necessarily a universal doctrine. It ascribes a single set of rights to entire humanity. Yet it has to assert its universal rights in a world characterized by diversity- a world in which people live in different circumstances, bear different cultures, and pursue different forms of life. In fact, a very large portion of human diversity is quite unproblematic for a theory of human rights. Human individuals exhibit different physical and personal characteristics, but that sort of diversity does not prevent  identifying all of those human beings as human and insisting that all are entitled to the same minimum of concern and respect merely as human beings. In addition, human beings exhibit differences as members of different societies and cultures, but, again much of that diversity need not trouble the human rights theorist. Differences in diet, dress, leisure pursuits, literature, musical forms and the like, do not prevent our claiming that the human beings that exhibit those differences posses a uniform set of rights as human beings. On the contrary, the rights commonly claimed for human beings would include rights to express and to pursue those differences.

 

 

So it is not human diversity in general that is troublesome for a theory of human rights. The troubles are caused by a particular type of diversity: diversity of belief and value. The theorist of human rights has, then, to assert his universal values in a world in which values are subject to widespread disagreement.

(Human Rights and Global Diversity of Peter Jones – Chapter 3 of page 27 )

 

The value based rights on the Human Civilization, a set of born rights, has to be promoted, protected and preserved by none other than human being to make the world a peaceful safe heaven for the entire man kind. Thus; the divine objectives of the theory of Human Rights are being subjected to erode from the social fabric due to nemours breaches, ideologies and factors centered around the power base.  terrorism is one aspect threatening the global peace and effecting the rights of the human beings which is unbecoming  in any social standard in diverse human family. Terrorist or terrorism in general grossly violate the fundamental and basic rights of human beings which is in deed, a global issue encountered at present. 

 

In this paper the challengers posed by terrorism in maintaining, preserving and protecting human rights, will be discussed with references to the human Rights conventions with contemporary issues relating to National Security.

02.         SOURCES, CONCEPTS AND  HUMAN RIGHTS INSTRUMENTS

 

The events of the Second World War brought human rights violations into prominence and since its end there has been an enormous commitment to the legal guarantee of Human Rights and fundamental freedoms. Articulation of international legal  standards preoccupied the human rights bodies of the UN from the drafting of the Universal Declaration on Human Rights and the  Genocide Convention for acceptance by the General Assembly in 1948, to the completion of the two UN covenants in 1966 [the International Convention on Economic, Social and Cultural Rights (ICESCR)] and the International Convention on Civil and Political Rights (ICCPR),  16 December 196). After the covenants entered into force in 1976, attention turned to mechanisms for the implementation of those standards,  although further elaboration continued through refinement of particular prohibitions' and assertions of particularly apposite rights  for especially vulnerable groups. Dozens of human rights treaties now derive from the UN human Rights system, many of them widely ratified by states from all  geographic areas and religious and political ideologies. The plethora of implementation mechanisms include the evolving competencies of the Economic and Social Council of the UN (ECOSOC), its human rights commissions, sub-commission, and working groups, the committees of independent experts formed under the human rights treaties, the growing number of thematic and special rapporteurs and the post of UN Commissioner for Human Rights established after the Second World Conference on Human Rights held in Vienna in 1993.

 

THE CORE INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

 

There are nine core international human rights treaties. Each of these treaties has established a committee of experts to monitor implementation of the treaty provisions by its states parties. Some of the treaties are supplemented by optional protocols dealing with specific concerns.

 

 

 

Date

Monitoring

Body

I

ICERD

International Convention on the Elimination of All Forms of Racial Discrimination

21 Dec

1965

CERD

II

ICCPR

International Covenant on Civil and Political Rights

16 Dec 1966

CCPR

III

ICESCR

International Covenant on Economic, Social and Cultural Rights

16 Dec 1966

CESCR

IV

CEDAW

Convention on the Elimination of All Forms of Discrimination against Women

18 Dec 1979

CEDAW

V

CAT

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

10 Dec 1984

CAT

VI

CRC

Convention on the Rights of the Child

20 Nov 1989

CRC

VII

ICRMW

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

18 Dec 1990

CMW

 

 

International Convention for the Protection of All Persons from Enforced Disappearance

20 Dec 2006

 

VIII

CRPD

Convention on the Rights of Persons with Disabilities

13 Dec 2006

CRPD

IX

ICESCR - OP

Optional Protocol of the Convention on Economic, Social and Cultural Rights

10 Dec 2008

CESCR

X

ICCPR-OP1

Optional Protocol to the International Convention on Civil and Political Rights

16 Dec 1966

HRC

XI

ICCPR-OP2

Second Optional Protocol to the International Convention on Civil and Political Rights, aiming at the abolition of the death penalty

15 Dec 1989

HRC

XII

OP-CEDAW

Optional Protocol to the Convention on the Elimination of Discrimination against Women

10 Dec 1999

CEDAW

XIII

OP-CRC-AC

Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

25 May 2000

CRC

XIV

OP-CRC-SC

Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

25 May 2000

CRC

XV

OP-CAT

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

18 Dec 2002

CAT

XVI

OP-CRPD

Optional Protocol to the Convention on the Rights of Persons with Disabilities

12 Dec 2006

CRPD

UNIVERSAL HUMAN RIGHTS INSTRUMENTS

In addition to the International Bill of Rights and the core human rights treaties, there are many other universal instruments relating to human rights. A non-exhaustive selection is listed below. The legal status of these instruments varies: declarations, principles, guidelines, standard rules and recommendations have no binding legal effect, but such instruments have an undeniable moral force and provide practical guidance to States in their conduct; statutes, protocols and conventions are legally-binding for those States that ratify or accede to them.

WORLD CONFERENCE ON HUMAN RIGHTS AND MILLENNIUM ASSEMBLY

(i)                   Vienna Declaration and Programme of Action

(ii)                 United Nations Millennium Declaration

THE RIGHT OF SELF-DETERMINATION

(i)                   United Nations Declaration on the Granting of Independence to Colonial Countries and People

(ii)                 General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources"

(iii)                International Convention against the Recruitment, Use, Financing and Training of Mercenaries

RIGHTS OF INDIGENOUS PEOPLES AND MINORITIES

(i)                   Declaration on the Rights of Indigenous Peoples

(ii)                 Indigenous and Tribal Peoples Convention, 1989 (No. 169)

(iii)                Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

 

PREVENTION OF DISCRIMINATION

(i)                   Equal Remuneration Convention, 1951 (No. 100)

(ii)                 Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

(iii)                International Convention on the Elimination of all Forms of Racial Discrimination (ICERD)

(iv)               Declaration on Race and Racial Prejudice

(v)                 Convention against Discrimination in Education

(vi)               Protocol Instituting a Conciliation and Good Offices Commission to be responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education

(vii)              Declaration on the Elimination of all forms of Intolerance and of Discrimination Based on Religion or Belief

(viii)            World Conference against Racism, 2001 (Durban Declaration and Programme of Action)

RIGHTS OF WOMEN

(i)                   Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

(ii)                 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP)

(iii)                Declaration on the Protection of Women and Children in Emergency and Armed Conflict

(iv)               Declaration on the Elimination of Violence against Women

RIGHTS OF THE CHILD

(i)                   Convention on the Rights of the Child (CRC)

(ii)                 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (CRC-OPSC)

(iii)                Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (CRC-OPAC)

(iv)               Minimum Age Convention, 1973 (No. 138)

(v)                 Worst Forms of Child Labour Convention, 1999 (No. 182)

RIGHTS OF OLDER PERSONS

(i)           United Nations Principles for Older Persons

RIGHTS OF PERSONS WITH DISABILITIES

(i)                   Declaration on the Rights of Mentally Retarded Persons

(ii)                 Declaration on the Rights of Disabled Persons

(iii)                Principles for the protection of persons with mental illness and the improvement of mental health care

HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE: PROTECTION OF PERSONS SUBJECTED TO DETENTION OR IMPRISONMENT

(i)                   Standard Minimum Rules for the Treatment of Prisoners

(ii)                 Basic Principles for the Treatment of Prisoners

(iii)                Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment

(iv)               United Nations Rules for the Protection of Juveniles Deprived of their Liberty

(v)                 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(vi)               Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

(vii)              Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

(viii)            Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(ix)               Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(x)                 Safeguards guaranteeing protection of the rights of those facing the death penalty

(xi)               Code of Conduct for Law Enforcement Officials

(xii)              Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

(xiii)            United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)

(xiv)            United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)

(xv)             Guidelines for Action on Children in the Criminal Justice System

(xvi)            United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)

(xvii)          Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

(xviii)         Basic Principles on the Independence of the Judiciary

(xix)            Basic Principles on the Role of Lawyers

(xx)             Guidelines on the Role of Prosecutors

(xxi)            Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions

(xxii)          Declaration on the Protection of All Persons from Enforced Disappearance

(xxiii)         Basic Principles and Guidelines on the Right to a Remedy and Reparation

(xxiv)        International Convention for the Protection of All Persons from Enforced Disappearance (not yet into force)

SOCIAL WELFARE, PROGRESS AND DEVELOPMENT

(i)                   Declaration on Social Progress and Development

(ii)                 Universal Declaration on the Eradication of Hunger and Malnutrition

(iii)                Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind

(iv)               Declaration on the Right of Peoples to Peace

(v)                 Declaration on the Right to Development

(vi)               Universal Declaration on the Human Genome and Human Rights

(vii)              Universal Declaration on Cultural Diversity

PROMOTION AND PROTECTION OF HUMAN RIGHTS

(i)                   Principles relating to the status of national institutions (The Paris Principles)

(ii)                 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms

MARRIAGE

(i)                   Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

(ii)                 Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

RIGHT TO HEALTH

(i)           Declaration of Commitment on HIV/AIDS

RIGHT TO WORK AND TO FAIR CONDITIONS OF EMPLOYMENT

(i)           Employment Policy Convention, 1964 (No. 122)

FREEDOM OF ASSOCIATION

(i)                   Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

(ii)                 Right to Organize and Collective Bargaining Convention, 1949 (No. 98)

SLAVERY, SLAVERY-LIKE PRACTICES AND FORCED LABOUR

(i)                   Slavery Convention

(ii)                 Protocol amending the Slavery Convention signed at Geneva on 25 September 1926

(iii)                Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery

(iv)               Forced Labour Convention, 1930 (No. 29)

(v)                 Abolition of Forced Labour Convention, 1957 (No. 105)

(vi)               Convention for the Suppression of the Traffic in Persons and of the Exploitation of Prostitution of others

(vii)              Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

RIGHTS OF MIGRANTS

(i)                   International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICPMW)

(ii)                 Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

NATIONALITY, STATELESSNESS, ASYLUM AND REFUGEES

(i)                   Convention on the Reduction of Statelessness

(ii)                 Convention relating to the Status of Stateless Persons

(iii)                Convention relating to the Status of Refugees

(iv)               Protocol relating to the Status of Refugees

(v)                 Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which they live

WAR CRIMES AND CRIMES AGAINST HUMANITY, INCLUDING GENOCIDE

(i)                   Convention on the Prevention and Punishment of the Crime of Genocide

(ii)                 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity

(iii)                Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity

(iv)               Statute of the International Tribunal for the Former Yugoslavia

(v)                 Statute of the International Tribunal for Rwanda

(vi)               Rome Statute of the International Criminal Court

HUMANITARIAN LAW

(i)                   Geneva Convention relative to the Treatment of Prisoners of War

(ii)                 Geneva Convention relative to the Protection of Civilian Persons in Time of War

(iii)                Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)

(iv)               Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

03.         A DISCUSSION ON THE  COMPOSITION AND   THE NATURE  OF RIGHTS TO BE PROTECTED

 

The Social contract of John Locke (John Locker: The second Treatise of the State of Nature - 1690), envisagea temporary transfer of sovereign power of the people to the democratically elected representatives of them, they should exercise the power vested on them by the people to protect the " reserved or natural rights of the people" those natural rights are referred today as Human Rights. Thus, the protection of human rights is a crucial element of the foundation of democratic governance.  In general the Human Rights consist of civil, political, economics, social, cultural and environmental rights. The bottom line of these rights relates to the Human existing  and secure economics and social justice. (Article of Dr. Deepika Udagama – Indivisibility of Human Rights as a Fundamental Principle of Constitutional  Rule). In  the democratic process of governance  the human rights of the people are mainly enshrined in their respective constitutions. Thus, the constitutions guarantees, the rights of the people, all citizens all the time.  The theory of constitutionalism, is the most basic and important concept for the limitation of power and protection of individual autonomy.   It is noteworthy to examine commence of Carl Friedrich (Transcendent Justice- Page 17) referring to the constitution focusing attention of protecting human rights.

 

"The core objective of Constitutionalism is that of safeguarding each member of the political community as a political person possessing a sphere of genuine autonomy. The constitution is meant to protect the self in its dignity and worth. The prime function of a constitutional political order has been and is being accomplished by means of a system of regularized restraints imposed upon those who wield political power." (Carl Friedrich (Transcendent Justice- Page 17)

Since the emergence of the Universal Charter of Human Rights, the countries of different political ideologies tend to priorities the human rights as per their political theories. This was further encouraged and facilitated with bi-polar political atmosphere prevailed during the cold-war period. The US led pro vest focused their main attention towards civilian political rights, whilst the eastern block came up with social cultural and environmental rights based on socialist political ideology. The emergence of group rights and the minority rights were also observed in early 1960's due to the nemours injustice caused against the minorities and groups, by the super powers.

 

The two major divisions of human rights, a by products of theoretical divisions was clearly shown in the respective countries favouring the two power blocks. The constitutions of the western block preferred the civilian political rights and the eastern block was more fancied towards social, economical, cultural and environmental rights. The Sri Lankan constitution which browed the theory of constitutionalism from the west, had given more protection to the Civilian Political rights than the others. The social, economic, cultural environmental rights are being enshrined only as guiding principals of governance.  (Article 29- Constitutional of Sri Lanka ).

 

04.         TERRORISM : The Impact on Human Rights

 

Terrorism is an Act of Terror against the society effecting  the entire composition of the society,  with a political ideology  to topple or disrupt the existing regime in respective countries.  Terrorist who are involved in acts of terror are mainly backed with different ideology such as communal, religious  or ethnic.  An in-depth analysis would unveil the root cause, mainly towards unequal treatments and unfairness in aborting justice on these particular groups. The terror relates to religious issues are backed with fundamental ideologies with the particular religion, may not be mere in- just or unequal but, core concept of the religion.

Human rights are relevant to terrorism as concerns both its victims and its perpetrators. The concept of human rights was first expressed in the 1948 Universal Declaration of Human Rights, which established "recognition of the inherent dignity and inalienable rights of all members of the human family." The innocent victims of terrorism suffer an attack on their most basic right to live in peace with security.  The majority of the victims are innocent not subjected to any of the ideologies or descending groups.  However the impact of the terror is commonly measured with the magnitude of the attack, civilian's deaths and the damaged caused, which are all gross violations of Human Rights. The suspected perpetrators of attacks also have rights, as members of the human family, in the course of their apprehension and prosecution. They have the right not to be subjected to torture or other degrading treatment, the right to be presumed innocent until they are deemed guilty of the crime and the right to public trial.

The preservation of terrorist suspects' human rights may seem jarring, or as if that focus comes at the expense of attention to the human rights of terrorism's victims. Human rights, however, cannot be considered a zero-sum game. Law Professor Michael Tiger – (Fighting Injustice)put the issue eloquently when he reminded that governments, because they are the most powerful actors, have the greatest capacity for injustice. In the long term, an insistence that all states prioritize human rights and prosecute illegitimate violence will be the best defense against terrorism.

"When we see that the struggle for human rights in the entire world is the surest and best means to prevent and to punish terrorism properly so-called, we then understand what progress we have made, and we will see where we need to go from here."( Law Professor - Michael Tiger – "Fighting Injustice")

 

05.         HUMAN RIGHTS, CIVIL RIGHTS AND TERRORISM

 

Since the acts of terror is against the society, irrespective of the contention, finally falls within the ambit of criminality which should be dealt under the law of the country. If it is criminal it should be dealt under the criminal law if not the assistance of the Special Anti Terror laws are required. The anti terror laws are always subjected to nemours allegations and vehement criticism by the rights observers as un-civilized or undemocratic. Nevertheless, the effected states are helpless whilst searching justice for the victims of acts of terror.  

 

Terrorism and counterterrorism are intimately tied to human and civil rights issues. State and non-state terrorist groups violate victims rights, while actions taken in the name of counterterrorism can also impinge on human and civil rights. Torture, extraordinary rendition, privacy rights and other issues are treated here, but the issues should be addressed objectively.

 

06.         DISCUSSION

Terrorism has devastated and paralyzed the entire world in various forms. The most obvious and conspicuous are the various types of explosions, mass murder, taking hostages, genocide kidnapping and demanding legitimate prisoners or ransom. Suicide terrorism or exploding human bombs and massacring of innocent civilians are the most commonly used tact's of terror in the recent past. The involvement of advance technology facilitated and created fertile ground for the terrorist. The IT infrastructure and Cyber space had become common and novel tools in all levels of terrorist acts. Thus, the regulations formulated are at very low ebb in the local and international domains.  The latest and advancements of sciences had been seen as a modern war fare  in terrorism. No one would have imaged a suicide Air Craft bomb attack in 9/11, on twin tower or Serene Gas attack in Oklahoma  in US. In addition, Bio terrorism, Narco terrorism, Nuclear Terrorism and the Marine and outer space terrorism are emerging branches,  which has already in existence with little public knowledge.

Cotemporary global issues such as invasions, embargoes and waging war, not for self defense, unlawful detention of political prisoners is another chapter needs further attention. The action taken by the superpowers, against Iraq, Afghanistan or Chechnya are among the most significant in this sense. The right violation of people in guises of legitimacy cannot be justified. Thus, the end result is not different to the acts committed by the terrorist. Nevertheless, the human rights violations in any form should be considered as anti social and barbaric act which lead to the annihilation of the mankind. Granting legitimacy to terrorist as freedom fighters or promoting state sponsored terrorism should be declared as "jus-cogence" (an International legal Norm which cannot be breeched by any law or convention) for the sake of humanity. It is rather unjustified to discussed terrorism in isolation. It should be scrutinizing and analyzed with the perception of its ideology and the motivation factors in terms of resolving terror and protecting human rights.

All terrorist acts are motivated by two things:

(i)   Social and political injustice: People choose terrorism when they are trying to fight what they perceive to be a social or political or historical wrong—when they have been stripped of their land or rights, or denied these.

(ii)   The belief that violence or its threat will be effective, and usher in change. Another way of saying this is: the belief that violent means justify the ends. Many terrorists in history said sincerely that they chose violence after long deliberation, because they felt they had no choice.

This explanation of the causes of terrorism may be difficult to swallow. It sounds too simple, or too theoretical. However, if looked at any group that is widely understood as a terrorist group, will find these two elements are basic to their cause. So the million dollar question raises whether the ignition or inception of terrorism is also a result of violation of human rights. This leads to a situation of the Chicken and Egg phenomena?

Thus, the unanswerable questions on human rights and terrorism leads towards another school of thought, in my perception.  The human rights only emerged during the enlightenment, as reason  began to triumph over religion, and the new sensibility embraced ideals of individual freedom and social equality. (The aforementioned, Enlightenment thinker, Marie Jean Condorcet, true to the spirit of the times, campaigned against slavery, legal torture, and the burning of 'Sodomites".) As Lynn Hunt, Professor of Modern European History at UCLA, stated in her 1996 study, The French Revolution and Human Rights, the  concept is not an eternal truth, but originated in response to social upheavals in particular places at a particular time. "The idea of universal human rights is western on origin." she writes. "It did not appear all at once but slowly emerged in the eighteenth century, in large part as a reaction to contemporary political conflicts – in Great Britain, between Great Britain and its North American Colonies, and in France."

However, preserving human rights in a conflict situation is a daunting task faced by all the states.  In democratic regimes the governments are answerable to its masters, the public, of maintaining the peace, law and order, whilst respecting human rights. The two concepts seems to be parallel but cannot be met even at a distance due to its nature.  The most prudent approach should be to draw a line of compromise of these two concepts, whether its external or internal conflicts the instruments of humanitarian law could be a possible choice to conduct war. On the other hand the legitimate principals of combating criminality could be utilized to combat any form of Crimes irrespective of the mode of motivation, whilst respecting to human dignity as per the accepted universal norms, such as the basic requirement of a prisoner, place of detention and condition, fair trial, transparency and equality of justice.  

07.         CONCLUSION : A way forward to harness Human Rights regime

 

Upon in-depth analysis of human rights and the emergence of terrorism, its an open ended question for any human being, since the true violator cannot be unearthed.  What is conspicuous on human eye is the recurrent issue but not the reality. Thus, I suggest that the true human rights could be attaining only spiritually based on religion which is to be viewed objectively.  The rights remain visible to the naked eye seems to have been divided according to the different ideologies which is highly unacceptable at any level. The existing structure of human rights and the persisting threat of terror are mainly seen towards civil and political rights, a concept of west, and the perpetrator aliened towards the east.

 

On the contrary the terrorism could be overcome by way of compromise and consensus among the effected. The inception of the terrorism starts with the resentment and disagreement due to issue relating to injustice and un-equality. This could be overcome by way of inculcating and practicing respecting human dignity and development. In this sense the development, relates to economic, social and cultural rights, hold an advantage. How can these ideas be put into practice? In the present context, only through social mobilization and political action.

 

Research Assistants

 

The following research assistants approved by the IUFS assisted me to prepare this article.

 

(i)           A.R.Waidyalankara   (M.Sc., LLM, LLB, Attorney-at-Law)

Senior Superintendent of Police

Director / Crimes, Police Headquarters,

Colombo 01, Sri Lanka.

 

(ii)          B.Mahil Dole

Senior Superintendent of Police

Staff Superintendent to I.G.Police

Police Headquarters, Colombo 01

         Sri Lanka.

 

BIBILIOGRAPHY

 

(i)          BOOKS

 

Ø  The Rise and Rise of Human Rights by Kirsten Sellars (published in UK in 2002 – GL5 2BU)

Ø  Human Rights Fifty years on A reappraisal edited by Tony Evans(published by Manchester University Press – M13 9NR, UK)

Ø  The Human Rights Reader- Major Political Essay, Speeches and Documents from the Bible to the Present edited by Michelin R. Ishay(Published in 1997 – ISBN 0-415-91838-0)

Ø  Human Rights and Global Diversity editors Simon Caney and Peter Jones( Published in 2001 – Great Britain- IG2 7HH)

Ø  John Locker: The second Treatise of the State of Nature (1690),

Ø  Thomas Hobbes: The Leviathan (1652)

Ø  Jean-Jacques Rousseau; On the Geneva Manuscript (or the first draft of  the Social contract) (1762)

Ø  Immanuel Kant: Perpetual Peace (1795)

Ø  Karl Marc: "The Universal Suffrage" (1850)

Ø  Steven Lukes. "Five Fables about Human Rights " (1993), 233

Ø  Richard Mohr: Gays/Justice: Millian Arguments for Gay Rights(1988),

Ø  Vandana Shiva: Staying Alive: Development, Ecology and Women (1989)

Ø  "Fighting Injustice" by Law Professor Michael Tiger

 

 

(ii)         ARTICLES

 

Ø  Internal Law and Human Rights – Christine Chinkin

Ø  SATHR – Debate on Socio-Economic Right – Mureinik v Davis

Ø  The constitutional Accommodation of Diversity in Sri Lanka                             - Stephen Tierney

Ø  Dr. Deepika Udagama – Indivisibility of Human Rights as a Fundamental Principle of Constitutional  Rule)

 

(iii)        WEB SITES

www.choike.org/2009/eng/informes/5448.html -

 

www.humanrightsinitiative.org/new/anti_terror_legislation_

 

www.mofa.gov.vn/en/nr040807104143/nr040807105001/ns...

 

academic.udayton.edu/race/06hrights/WaronTerrorism/...

 

www.ohchr.org/Documents/Publications/Factsheet32EN.

 

www.about.com

 

www.terrorism.about.com