International Euro-Mediterranean

Federation for Human Rights Network for Human Rights

• That the international community, all in all, has failed to respond adequately or effectively to terrorism over many decades;

• That the North is marginalizing the South in addition to the growing neglect of the poor and underdeveloped that may lead not only to a ‘clash of civilizations’ but to a potentially disastrous clash of interests;
• That there has been a short sighted and misguided emphasis by the North on economic rather than political forces in determining the shape of the world over the last decades;
• That there is a continuing and expanding gap between power and the rule of international law and a keenness by some northern States to exploit this gap in furthering its interests across the globe;
• That there is a sharp contradiction in the North’s foreign policy, in particular in regards to:-

1. Palestinian rights, especially the United States blind support of Israel in the conflict
2. The support of some corrupt and despotic regimes in the pursuit of self interest, profit and geopolitical power
3. The undermining of economic, social and political human rights in the South.

• That many other states in the south as well as the north were following this example and adopting a similar approach of double standards in their foreign and human rights policies

1. The international community has, following September 11, failed to ensure that highly questionable actions, both in the domestic and international spheres, by its members against terrorism are consistent with the clearly established principles, rules, procedures of the international law of human rights, laws of armed conflict and refugee law.
2. Although Security Council resolution 1373 talks of the elimination of terrorism, it is not possible to eliminate terrorism by military means alone either immediately or in the long term
3. The international community should be more critical of US actions and should not collude in current open ended U.S policies on terrorism
4. The U.S and its allies marginalisation of the United Nations and failure to respect the principles of international law have demonstrated a failure on their part to respond correctly to the crisis
5. The international community should come to a common consensus on the definition of terrorism. The absence of definition is being exploited for human rights abuses against dissenting voices
6. The U.S should define and limit its war on terrorism.
7. The international community should recognize that security and respect for human rights are directly inter-related and ensure that fundamental human rights are protected, in line with international standards.
    

    
    
    
    
    

   The Dangers that now face us

8. Failure of the international community to support human rights in a time of crisis entails many dangers. Participants voiced different fears including:
9. The escalation of human rights abuses in the U.S and Europe and the rest of the world such as arbitrary detention, trial by military tribunals and deportation of suspected terrorist sympathisers. Condemnation was expressed of the already apparent abuses that are taking place under the pretext of anti- terrorism actions, such as, arbitrary detention, unfair trials and the ill treatment of prisoners, in the United States, but also in Africa, Asia and the Middle East as well. Also, the UN Special Rapporteurs voiced their concern regarding violations against "human rights defenders, migrants, asylum seeker and refugees, religious and ethnic minorities, political activists and the media’, was noted.
10. An escalation of violence between India and Pakistan
11. A further deterioration of the situation in the Palestinian occupied territories and the unjust de-legitimisation of the Palestinian cause by the US-propagated rhetoric that delegitimise resistance of occupation and self-defense by branding it as a kind of terrorism.
12. An increase in human rights abuses across the globe under the pretence of fighting terrorism
13. That the ‘war on terrorism’ will be used as a tool for state control and further violence in conflicts such as Chechnya, Palestine and Turkey
14. A global increase of state censorship and the continued restrictions on freedom of expression
15. That in the current campaign against terrorism the disregard for international law and domestic human rights abuses by the United States and its allies will give greater encouragement to other states to do the same.

The following suggestions were made:

Short term

• That the UN and not the US should be combating terrorism and that there should be a general move against unilateralism and a uni-polar world dominated by the US.

• That although many acts of terrorism are already addressed by international law, such as war crimes, the international community should ratify the Statute of the International Criminal Court as soon as possible. There should be a commitment by Arab states to ratify the statute by the end of 2002.

• That human rights groups should systematically monitor the implementation and administration of anti-terrorism laws in all countries and regions and make this information available to human rights organizations as well as the Office of the High Commissioner for Human Rights and the Security Council Anti-Terrorism Committee.
• That States should not use resolution 1373 as a pretext to suppress legitimate opposition and should condemn those who have already done so
  1. The Security Council’s Anti-Terrorism Committee was criticised for its lack of response to requests from the UN High Commissioner for Human Rights and others that it should advise states to comply with international human rights standards
• That the international community draws up a comprehensive UN Convention on Terrorism to include a definition of terrorism. This definition should include state terrorism and ensure that states or non-state actors are not encouraged to abuse human rights. Further that any such definition should be consistent with the principles of human rights and humanitarian law. Also, this definition should not criminalize national liberation movements.
  1. Some participants hoped that the mandate of the Convention against Terrorism would cover social economic and cultural rights as a safeguard against the future development of terrorist activities
  2. As a caveat to the definition of terrorism by the Convention, some participants asked that the Arab states review the Arab Convention against Terrorism, further define its definition of terrorism and not to use it as an opportunity to extend state interests at the expense of human rights
• That all states should abide by international law in this time of conflict.
  1. Democratic states should use this opportunity to mobilise moral pressure on states that abuse human rights and not to work with such states.
  2. The participants debated that the international community should do everything in its power to halt the conflict in Palestine immediately. They asked that UN relevant resolutions in regards to Israel be implemented in addition to immediate withdrawal from the occupied Palestinian territories
  Long Term
  • That the international community should respect and support the institution of the United Nations and help it reassert its role in this time of conflict
  • That there is a need for comprehensive reforms of the Security Council and strengthening of international judicial institutions to ensure that international conflict is brought under judicial review.
  • That the participants support and endorse the statements of the U.N secretary general that ‘in the long term we shall find that human rights, along with democracy and social justice, are one of the best prophylactics against terrorism’ and that in combating terrorism ‘it will be self defeating if we sacrifice other key priorities – such as human rights in the process’.
  • That all states should ensure respect for freedom of speech and the curtailment of censorship in the interests of international debate, discussion and the search for a peaceful solution
  1. The media in both the North and South should take more responsibility in reporting the conflict and providing balanced views and analysis.
  • That governments must not use refugees and asylum seekers as a political scapegoat in the war on terrorism and must ensure that their rights are protected. It would be a bitter irony if refugees fleeing from persecution and conflict around the world should be subject to further persecution due to the war on terrorism.
  1. Participants stressed that the global fight against terrorism should not weaken the international protection regime
  • That the international community must address the long term causes of terrorism and seek to promote economic and social equality for all
  1. The powerful member states must listen to and support the poorer and include them as equal partners in the global community
  • That participants consider attempts of implementing an international system for the protection of minorities and religious and ethnic groups that could lead to a peaceful and satisfactory solution to such problems. The UN and the Security Council should do more to try and resolve nations disputes over boundaries and self-determination claims. These are human rights concerns and also raise issues of international peace and security
  • That in regards to religious extremism, Islamic, Christian and Jewish, there should be more attempts to find ways in which Westophobia and Islamophobia could be further understood and combated
  • That there should be a "Global Coalition On Human Rights" as a counter-balance to the "Global Coalition Against Terrorism" and there should be attempts to find a space where the debate between East and West and North and South could be peacefully resolved
  Conclusion
  • All participants expressed their appreciation of the rich diversity of views discussed at the symposium. There was a general consensus that the meeting was useful and that there was a need to meet again to further discuss the issues involved. All participants agreed that governments must uphold principles and rules of international human rights law, international humanitarian law and refugee law in the current global campaign against terrorism and that a new emphasis should be made on connecting human rights activists and other movements in the prevention of terrorism through the prevention of human rights violations and a commitment to the struggle for global social justice. Participants further agreed that it was very important at this time for all parties of the human rights movement to reaffirm their commitment to international solidarity and mutual support based on the principles of the universality and indivisibility of human rights and freedoms

  
  

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  Participating Organizations in the Symposium are as follows:
  • Amnesty International
  • Article 19
  • Association for Defending Liberties (Lebanon)
  • Cairo Institute for Human Rights studies
  • Center for Documentation, Information and Formation of Human Rights (Morocco)
  • Center for Media Freedom in the Middle East and North Africa (London and Casablanca)
  • Columbian Commission of Jurists
  • Euro Mediterranean Human Rights Network
  • European Arab League (Belgium)
  • Friedrich Naumann Foundation (Middle East Office)
  • Human Rights Center for the Assistance of Prisoners (Egypt)
  • Human Rights Watch
  • Institute for Human Rights and Criminal Justice Studies (South Africa)
  • Interights
  • International Federation for Human Rights
  • International Movement for a Just World (Malaysia)
  • International Rehabilitation Council for Torture Victims (Denmark)
  • The Palestinian Society for the Protection of Human Rights and Environment (LAW)
  • Lawyers Against the War (USA)
  • Lawyers Committee for Human Rights
  • Moroccan Organization for Human Rights
  • Palestinian Organization for Human Rights (Lebanon)
  • United Nations High Commissioner on Refugees (Middle East Office)
  • United Nations High Commissioner for Human Rights

  
  

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  Finally, the sponsoring organizations express their gratitude for the fruitful participation of other individual experts

  For more information please contact CIHRS at:

  Email: cihrs@soficom.com.eg

  Mail address: P.O. 117 Maglis El Shaab,

  Cairo, Egypt

  Fax:( 202) 7921913

  Tel: (202) 795112, 7946065