Principles of human rights are universal, indispensable and interdependent, and should be respected at the individual, community and state levels. Although there is an ongoing debate about what rights are important – civil and political rights or economic, social and cultural rights – all of these are equally important and are dependent on each other, and must be protected, particularly, in the context of a developing region like South Asia.
Trends of human rights must be analyzed to determine whether governments are protecting and promoting these rights, while ensuring security or if they are involved in continuous violation by using the state apparatus to curtail the rights. Ordinary citizens want justice, effectively and impartially that allows them to enjoy basic human rights, and provides legal protection and remedies if their rights are curtailed.
Governments are responsible for the protection and promotion of human rights that are nationally and internationally guaranteed. Justice and human rights cannot be compromised, replaced, and prioritized for the sake of development or poverty alleviation. However, human rights and justice have been turned into publicity slogans by political leaders, which have made them lose their meaning and importance in people’s daily life.
The threat of terrorism, both real and exaggerated, has become a shield for impunity, protecting governments around the world from scrutiny for their human rights abuses.
Although not all people can express their desire for human rights and justice legally and academically, we can see it when they talk about wanting to vote, or respecting their culture, or wanting assurance that their family will not go without food, or that their children receive education. People want to see the commitments to human rights and justice, that many politicians pay lip service to, implemented in practice. In the absence of justice and the assurance of state-guaranteed human rights, it is impossible to achieve the goal of ‘just peace’ and adequately deliver justice to the victims of conflict or human rights abuses.
Without limiting its jurisdictions, human rights primarily highlights the importance of ensuring freedom, equality, dignity and security of people. It is impossible to put these commitments into practice in the absence of adequate justice mechanisms. Only responsible and accountable government can properly address the issues related to human rights and justice. Therefore, governments must shift from simply talking about rights to taking concrete steps that are necessary to ensure the right to life, liberty and security of its citizens.
In South Asia, common human rights abuses include extrajudicial killings, arbitrary arrests, torture, disappearances, excessive use of force, poor prison conditions, official impunity and immunity, prolonged pre-trial detention, restrictions on freedom of the press and expression, and religion. The region also witnesses violence against women, abuses against minorities, sexual abuse of children, human trafficking, abuse of workers’ rights, and child labor. In addition to these human rights abuses, there are some prolonged and structural human rights abuses across the region such as discrimination based on caste, gender, and class and economic status. Also, refugees are denied of their rights.
Human rights situation is further deteriorating in the name of national security and anti-terrorism in the region as well as around the world. Governments are building common strategies that impose repressive measures and suppress people’s opinions through harsh and draconian laws. People are barred from freedom of movement and questioned under the premises of security, but have been denied freedom to justice. Canadian author and journalist Naomi Klein has written, “Terrorism doesn’t just blow up buildings; it blasts every other issue off the political map.” The threat of terrorism, both real and exaggerated, has become a shield for impunity, protecting governments around the world from scrutiny for their human rights abuses.
In South Asia, impunity is rampant and governments are deliberately engaged in providing impunity to perpetrators and criminals. Without effective justice-delivery mechanisms, people cannot be optimistic for the protection of human rights. Therefore, it is essential to establish independent, competent and impartial judicial mechanisms and include oversight and accountability methods of state institutions, including the judiciary.
Only in a handful of countries, judicial mechanisms have so far proved their independence. Unfortunately, most judicial institutions in the region suffer from corruption, incompetence, and political interference. All countries in the region, except Bhutan and Pakistan, have established independent and or autonomous national human rights institutions, but often these institutions are unable to establish their credibility, and become dormant. Either these commissions are not established based on the guidelines of the Paris Principles, or governments have never made attempts to consult people for the selection of commissioners.
In the absence of appropriate justice, new conflicts may start or the existing conflict may escalate, and political instability will continue. Since many human rights violators continue to hold positions of power, it is up to the civil society and the masses to demand their rights and justice. Without punishing the human rights violators and strengthening the human rights commissions, it is impossible to achieve sustainable peace, and improve the human rights situation.
(Writer is a conflict resolution specialist.)
peace_sb@yahoo.com
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