International Human Rights: Dispelling the

Myths By Radhika Coomaraswamy

A Talk given at the Colombo Club, August 2014
by Dr. Radhika Coomaraswamy
- on 08/28/2014
Thank you for inviting me to speak to you toay!
" o so #ith trepiation sin$e speaking to $aptains of inustry is %uite outsie my &one of
$omfort! 'y brother "nra(it Coomaras#amy, #ith #hom you are more familiar, on$e tol me
in the mile of a politi$al argument- you must reali&e, in so$iety there are i)erent roles that
everyone must play! *e sai he #as a $ivil servant an his (ob is to gently persuae
governments to o the right thing! *e then ae +you are a so$ial a$tivist- it is your role to
speak truth to po#er,!
-o in that spirit " thought " #oul talk to you toay about the evolution of international human
rights #ithin the .nite /ations system #ith the aim of ispelling myths an $onfronting fears
that aboun in -ri 0anka! These myths an fears are propoune every ay in our
ne#spapers, on our politi$al platforms an in our private $onversations!
" #ill begin by 1rst is$ussing some mis$on$eptions #ith regar to the general iea of human
rights that #e have in Asia an then move onto es$ribing the 1ve phases of human rights
evolution #ithin the .nite /ations -ystem!
A-"A/ 2A0.3- A/4 T*3 A-"A/ 5A67
*uman rights, roote in the .nite /ations Charter, to #hi$h all the $ountries on earth are
signatories, is the only universal language #e really have to prote$t iniviuals an to 1ght
for (usti$e! 3very Asian $ountry in the .nite /ations vote for the .niversal 4e$laration of
*uman 8ights #hen it #as aopte by the 9eneral Assembly!
6et, some have argue that human rights are #estern $on$epts an not eastern an therefore
not in keeping #ith our $ulture! "f one stuies human rights in etail as s$holars su$h as
Chanra 'u&a)er in 'alaysia an Abullah An:aim in -uan have one, one $an immeiately
see that they are basi$ally roote in the $on$ept of human ignity #hi$h is present in all the
#orl:s religious an ethi$al traitions! "n the past they #ere e;presse in religious or ethi$al
terms #ithin religious te;ts, traitional la#s an pra$ti$es!
5hen #e aopte moern legal systems an move a#ay from our religious la#s, it #as
natural an inevitable that these humanisti$ ieas #oul be$ome part of that pro$ess! 5e
have aopte many moern #estern ieas- in$luing the $on$ept of the nation state that #e
are reay to ie an kill for! 5e have embra$e the $on$ept of so$ial e%uality about #hi$h #e
are so passionate an #hi$h is also an integral part of human rights! 5e are propelling
ourselves for#ar into an era of unbrile $apitalism-that too is moern an #estern in origin!
5hy are #e then only suspi$ious of human rights7
"t is also argue that Asians are more $ommunity oriente than iniviual rights oriente an
therefore human rights funamentally isrupts our #ay of life be$ause it privileges the
iniviual over $ommunity interest!
As great "nian human rights theorists like .penra <a;i have pointe out, empo#ering
$ommunities is also very mu$h #ithin the human rights traition- the #ork on the rights of
inigenous peoples being an e;ample! <ut #here $ommunities oppress iniviuals su$h as
#omen, $astes, or minorities then the human rights traition stans #ith the iniviual- a
position #e all surely must take at the turn of the t#enty 1rst $entury #here e%uality is
enshrine in our Constitution!
=or others in -ri 0anka- espe$ially those in government an the private se$tor, human rights
is sai to be an in$onvenien$e that interferes #ith evelopment! 'any, even in this room,
may amire the #ays of 0ee >#an 6e# or 'ahathir or #hat is $alle state le authoritarian
evelopment the Asian #ay! As you kno# the /obel 0aureate e$onomist Amartya -en strongly
$ontests this glib top o#n es$ription of Asia! *e often reiterates that "nians at least have
a very argumentative an heteroo; politi$al traition! 'y friens in the human rights an
#omen:s movement of Asia also balk at this heartless es$ription of our $ontinent! *opefully
so oes ?resient 8a(apakse #ho #as e;tremely a$tive in the human rights movement in the
late 1@80s going to 9eneva, 1ghting for (usti$e both at home an abroa!
The belief that human rights hiner evelopment is a $onvenient mis$on$eption that is often
use as an e;$use to $entrali&e po#er in a fe# hans! *uman 8ights oes re%uire that a
so$iety provie a safety net for the poor in terms of foo, housing an eu$ation, but human
rights in the evelopment 1el is not about preventing evelopment pro(e$ts! 6ou $an have
your ams, your housing pro(e$ts an your high#ays! *uman 8ights is not about stopping
evelopment- it is only about implementing proper, legal an transparent pro$eures!
=or e;ample human rights in the evelopment 1el is about giving notice-#ell ahea of time
-to the a)e$te population!
"t is about consultation, preparation and participation of the target population in the
implementation of the pro(e$t!
"t is about transparent tener pro$esses an risk assessments #ith regar to the
environment an to the publi$!
"t is about reasonable compensation for loss! The -outhern *igh#ay #ith A4< ba$king
a$tually #ent through this pro$ess an, though elaye a little be$ause of inevitable
$ontroversies, is no# a #in #in situation! 5e o have the $apa$ity to evelop our $ountry
#hile respe$ting human rights!
Toay, ho#ever #e evi$t people, ig up roas, shut #ater an remove oA$es #ithout
ae%uate noti$e or e;planation! 5e implement pro(e$ts in a very opa%ue fashion #ithout any
$all for teners or risk assessments! 5e ismiss people or move people aroun #ithout
$onsultation, an #e barely $ompensate for loss!
" remember my $onstitutional la# professor shouting B?ro$ess, pro$ess, pro$ess- that is the
essen$e of the rule of la# an human rights!, 5ithout it #e are boun to have rampant
$orruption, abuse of po#er an plain thuggery! =or all these reasons #e must be very
skepti$al #hen someone speaks amiringly of an authoritarian, top o#n, so-$alle Asian
moel of evelopment!
=or la#yers, ho#ever, unintereste in history or philosophy the is$ussion of Beastern
authoritarian, or B#estern liberal, is %uite irrelevant to the issues at han! =or them it is
purely a matter of -tate $onsent!
The -ri 0ankan state has signe an rati1e the ./ Charter, the "nternational Covenant on
Civil an ?oliti$al 8ights, the "nternational Covenant on 3$onomi$ an -o$ial 8ights, the
Convention Against Torture, the 9eneva Conventions among others! 5e i so be$ause #e
#ant to improve the %uality of life of our people an to be part of the $omity of nations!
5e $annot suenly say #hen it is in$onvenient- BA$tually #e really i not mean it,! BCur
$ulture oes not re$ogni&e it, et$!D#e have international obligations an #e must abie by
them! They are the natural byprou$t of being part of the international $ommunity! 5e must
be realisti$ an reali&e that #e o not have the status of a super po#er even if #e #ish to
Eout human rights obligations #ith impunity!
T*3 ="8-T *.'A/ 8"9*T- CC''"--"C/

0et me no# move to the main thrust of this talk- the evolution of human rights at the
international level, espe$ially at the .nite /ations system! 5hile national bills of rights #ere
present sin$e the eighteenth $entury, international human rights only $ame into e;isten$e at
the en of 5orl 5ar ""! After the absolute horror of the holo$aust, espe$ially the
$on$entration $amps an other evil forms of /a&i terror, there #as a belief that Bnever again,
shoul this be allo#e to happen!
5hen the ./ Charter #as is$usse, it #as the representative from ?anama, 8i$aro Alfaro, a
$lose frie of *9 5ells, #ho brought for#ar this iea of international human rights! As a
result a Commission on *uman rights #as $reate- a sub boy of the 3$onomi$ an -o$ial
8ights Coun$il! The rafters of the ./ Charter #ante it to be a lo# key, suborinate boy
sin$e there #as a lot of un$ertainty! 3leanor 8oosevelt #as mae the Chairperson of the 1rst
*uman 8ights Commission an its 1rst task #as to raft the .niversal 4e$laration of *uman
8ights!
"t #as only in 200F- almost G0 years later- that the ./ *uman 8ights Commission #as
elevate in status an be$ame the *uman 8ights Coun$il- the thir pillar of the .nite
/ations -ystem #ith e%ual status to the -e$urity Coun$il an the 3$onomi$ an -o$ial
Coun$il! "t is this ne#, elevate *uman 8ights Coun$il, ele$te by the 9eneral Assembly,
#hi$h is no# entruste #ith human rights issues $on$erning -ri 0anka an other $ountries!
?*A-3 C/3H 38A C= -TA/4A84 -3TT"/9
*uman 8ights in the ./ system may be ivie into 1ve phases! The 1rst phase #as from
1@4I- 1@GG an may be $alle the era of stanar setting! The *uman 8ights Commission at
that time spent its time rafting international $onventions on human rights! The Commission
#orke har- they prou$e The 9eno$ie Convention, The "nternational Covenant on Civil
an ?oliti$al 8ights an the "nternational Covenant on 3$onomi$ an -o$ial 8ights! 0ater they
#oul go onto $reate the Convention on the 3limination of 8a$ial 4is$rimination, an the
Torture Convention!
This stanar setting phase parallele the perio of e$oloni&ation an many of the
provisions from these Conventions #ere ire$tly in$orporate into the national $onstitutions of
the ne#ly forme states! 'any 3uropeans $ountries also amene their $onstitutions! "f you
go to our -ri 0ankan Constitution an the =unamental 8ights Chapter you #ill noti$e that
some of the provisions are e;a$t #ors from the "nternational Covenant on Civil an ?oliti$al
rights!
The important thing to noti$e about this 1rst phase is that it ealt #ith eveloping stanars,
norms an themes! There #as no mention of iniviual $ountries! There #as no naming an
shaming of governments an it #as $onsiere heresy to interfere in the internal a)airs of
$ountries! The $on$ept of national sovereignty remaine supreme!
Cur government, our neighbor, "nia, along #ith China, Cuba, "ran an 8ussia #oul like the
./ human rights system to remain in this phase #ithout naming an shaming iniviual
governments! They feel the Coun$il shoul only eal #ith general themati$ issues! They a$t
as if the ne;t four phases of international human rights have not happene- ho#ever, as #e
#ill see the system has move on!
-3CC/4 ?*A-3H ?"38C"/9 T*3 23"0 C= -C2383"9/T6
The se$on phase of evelopment #ith regar to international human rights may be $alle
the era of pier$ing the veil of sovereignty an the beginning of Bnaming an shaming,
governments! The issue that brought the belief that the international system must respon to
un$ons$ionable things happening #ithin $ountries an that it must interfere in internal a)airs
of a $ountry #as the issue of Aparthei! "t #as Afri$a then that #as initially etermine to
pier$e the veil of sovereignty!
8esolution 12JF #as passe in 1@GI allo#ing the *uman 8ights Commission to Bintervene, in
situations of grave violations against human rights! A 5orking 9roup on Aparthei #as also
set up! =rom then on the *uman 8ights Commission has never looke ba$k an $ontinuously
$omments on the internal issues of $ountries!
The 1rst real test for the ./ system after Aparthei #as the isappearan$es that #ere taking
pla$e in 0atin Ameri$an $ountries in the 1@I0s an 1@80s! To avoi state liability, military
i$tatorships #ere sening personnel resse in $ivvies an unmarke vans to kinap an
transport sub(e$ts to unkno#n estinations for torture an e;tra (ui$ial killing! The -tate
#oul then feign ignoran$e an say it must have been the a$t of private parties! /o one of
$ourse #as arreste! Thousans ie uring this pro$ess! This pra$ti$e perfe$te by the 0atin
Ameri$an military (untas is no# all too familiar in other parts of the #orl as #ell!
"n responing to this, the ./ *uman 8ights Commission $reate the 5orking 9roup on
4isappearan$es, an later a -pe$ial 8apporteur on Torture, a -pe$ial 8apporteur on 3;tra
Kui$ial >illings an a 5orking 9roup on Arbitrary 4etention! These me$hanisms not only 1le
reports but also #ere given the po#er to visit $ountries an to name an shame
governments!
These a$tions along #ith agitation by a$tivists in 0atin Ameri$a an their supporters abroa
le to a famous international legal prin$iple arti$ulate in the 2elas%ue& $ase of the "nter
Ameri$an Court L not a 3uropean or a .- Court-#here primarily 0atin Ameri$an (uges hel
that -tates have a positive, ue iligen$e uty to prevent, prose$ute an punish those #ho
$ommit $riminal a$ts against others! Allo#ing impunity for su$h $rimes #as itself no# seen as
a $lear violation of international human rights!
"f one looks at the $ountries that vote against -ri 0anka at the last *uman right Coun$il you
#ill see that e;$ept for Cuba an 2ene&uela all other 0atin Ameri$an $ountries vote against
the -ri 0ankan government! -ome say it is be$ause the Ameri$ans t#iste their arm but #e
must re$ogni&e that those in po#er in all these $ountries toay are those #ho fought against
military i$tatorship using international human rights as one of their inispensible tools- if not
their ma(or tool! 4isappearan$es are truly anathema to the $ountries of 0atin Ameri$a given
their history!
T*"84 ?*A-3H 9C043/ 38A C= ./ *.'A/ 8"9*T- ACT"2"T6
The thir phase of human rights evelopment may be $alle the 9olen 3ra of ./ human
rights a$tivity in #hi$h there #as near universal $onsensus an a$tivism on human rights
matters! This took pla$e at the en of the eighties an through the nineties!
5ith the en of the $ol #ar, again, you have a #hole blo$ of $ountries taking their pla$e at
the ./ having use international human rights to 1ght o) i$tatorship! The $ountries of
3astern 3urope an the $ountries of /orth Asia su$h -outh >orea be$ame strong supporters of
international human rights! Again if you go ba$k an take a look at the -ri 0anka vote-3astern
3urope is a soli blo$k against the government of -ri 0anka! 6ou #ill also note that -outh
>orea vote against the government!
The 1@@0s #as inee the golen era of ./ human rights a$tivity! There #as a $ommitte,
universal spirit in the $orriors of the .nite /ations! " #as fortunate to be the -pe$ial
8apporteur on 2iolen$e Against 5omen uring that perio! 5omen:s an Chilren:s rights
$ame to the fore uring this era an the $on$ept of sovereignty $ompletely re$ee to the
ba$kgroun an #as rarely mentione! The 5omen:s an Chilren:s Conventions ramati$ally
pier$e the veil of sovereignty- going so far as to $laim the right to transform national
so$ieties an $hange iniviual an state behavior! 5ors like Beliminating traitional
pra$ti$es,, Bmoifying so$ial behavior, #ere use throughout these o$uments!
"n aition by the en of the e$ae there #ere aroun 40 spe$ial rapporteurs or #orking
groups of the Commission ea$h taske #ith reporting an naming an shaming governments
#ith regar to their o#n parti$ular issue- #hether it be freeom from torture, the right to
eu$ation or violen$e against #omen!
These pro$eures are no# #ell establishe an regarless of the politi$al $urrents of the ay-
they $ontinue to fa$t 1n, o$ument, $olle$t evien$e an 1le reports on a regular an
$onsistent basis! /o $ountry is immune from this pro$ess! /ot even the .nite -tates! The
-pe$ial 8apporteur on e;tra (ui$ial killings, the -pe$ial 8apporteur on torture, the 5orking
9roup on Arbitrary 4etention have all #ritten very strong reports on the .-! " myself visite
.- prisons, as there #ere allegations of se;ual abuse of female prisoners!
<ehin the bluster an 'a$hiavellian eals mae by member states at international arenas,
there is the %uiet, $onstant an $onsistent $olle$tion of human rights information by ./
human rights me$hanisms, epartments an agen$ies!
=C.8T* ?*A-3H ACCC./TA<"0"T6 A/4 T*3 83-?C/-"<"0"T6 TC ?8CT3CT
The fourth phase of human rights- #hat may be $alle the era of a$$ountability- $ame about
after the horrible #ars in <osnia an 8#ana- #ars #e have no# forgotten! 0ike the holo$aust
they #ere so horri1$ that there #as a ma(or philosophi$al shift in the international system!
The -e$urity Coun$il in 2000 for the 1rst time re$ogni&e that violations of human rights an
humanitarian la# are a threat to international pea$e an se$urity an therefore uner its
purvie#! "n aition, till then international pro$esses ha only been $on$erne #ith naming
an shaming governments! /o# #e move into the phase #here there is a $all for iniviual
a$$ountability of perpetrators an for sening iniviuals to (ail! "nternational humanitarian
la# #as no# augmenting international human rights!
"nternational humanitarian la#- the la# of arme $onEi$t- is base on t#o prin$iples! The 1rst
is the prin$iple of istin$tion- the istin$tion bet#een $ombatants an $ivilians- $ombatants
may be kille uring $ombat but if they are taken prisoner there are $ertain very important
safeguars!
Civilians, on the other han, must be prote$te as mu$h as possible e;$ept in situations of
military ne$essity! "f there is un$ertainty, the "C8C that is the assigne $ustoian of the
9eneva Conventions, has repeately sai that the aitional proto$ols point to the fa$t that
the bene1t of oubt must go to prote$ting the $ivilian!
The se$on prin$iple of international humanitarian la# is the prin$iple of proportionality- if a
state is using for$e that for$e must be reasonable an proportionate- a prin$iple that the
*uman 8ights Coun$il has repeately state is being $learly violate by "srael in 9a&a! "n
as$ertaining proportionality, the "C8C has also set out guielines an pro$eures to minimi&e
$ivilian $asualty!
"n aition, international humanitarian la# means that a perpetrator $an theoreti$ally be trie
any#here in the #orl uner #hat is terme universal (urisi$tion! The iniviual a$tors $an
no# fa$e personal a$$ountability- remember the ?ino$het $ase in the .> an -pain7 "t is also
the reason #hy 4i$k Cheney an 9eorge <ush have been #arne against travelling to 3urope!
This type of invo$ation of universal (urisi$tion #ill epen on the legal system an (uges of
ea$h $ountry!
The other very important aspe$t of international humanitarian la# is that it also applies to
non-state a$tors! 9overnment soliers as #ell as iniviual members of arme, rebel groups
$an be hel $riminally liable!
" $annot even begin to es$ribe to you the horrors of the t#o #ars in <osnia an 8#ana! "
#ent to 8#ana a month after the geno$ie! " #as taken to a $hur$h! " #as initially stru$k by a
beautiful image of the virgin 'ary but #hen " looke o#n there #as layer upon layer of
skeletons, thousans of them, their limbs torn apart by ma$hete blo#s an physi$al abuseH L
an all this in a house of #orship #here *utu nuns ha $alle in the "nterham#e militia to kill
o) the Tutus #ho ha foun refuge #ith them!
" have also intervie#e $ountless <osnian an Croatian #omen #ho spoke about ho# they
#ere repeately gang rape until they #ere pregnant #ith the perpetrators $ontinually
saying, Byou #ill no# bear a -erb baby,!
As a result of all these atro$ities- there #as a seismi$ shift in the international system for$ing
it to move beyon naming an shaming governments to the $riminal a$$ountability of
iniviuals! The -e$urity Coun$il set up the "nternational Tribunal on the =ormer 6ugoslavia
an the "nternational Tribunal on 8#ana! "t is important to note that no one $ast a veto! "n
1@@I A ?ermanent "nternational Criminal Court, the "CC #as $reate uner the 8ome statute!
"niviuals $oul no# be brought to an international $riminal trial though the (urisi$tion is
base on $onsent!
"n the ne;t t#o e$aes #itnesses have $ome before these $ourts an people have been
prose$ute an $onvi$te! " #as involve in the $ase of Thomas 0ubanga, a man #ho ha
re$ruite thousans of $hil soliers! "n this $onte;t " ha the interesting e;perien$e of
submitting an ami$us $uriae or an e;pert opinion an giving evien$e before the "nternational
Criminal Court or the "CC!
<e$ause of these #ars in <osnia an 8#ana another ma(or evelopment took pla$e! The ol
ha&y $on$ept of humanitarian intervention that ha been in isuse #as reborn as the 4o$trine
of the 8esponsibility to ?rote$t or 82?! -ometime in 2008 there #as a great eal of neeless
pani$ in -ri 0anka about the 4o$trine of the 8esponsibility to ?rote$t or 82?! Cne ta;i river
$oming from the airport- the only 3nglish #or he seeme to kno# #as 82?! *e ha visions of
./ pea$ekeepers an the .- marines laning on our shores! Cnly #ar $an make people so
fully lose their fa$ulty for rational an sensible thought!
82? is a o$trine really born out of the guilt of three people, 9eneral 4allaire, a Canaian,
#ho #as the hea of ./ ?ea$ekeeping for$es in 8#ana uring the geno$ie, >o1 Annan #ho
#as hea of the ./ 4epartment of ?ea$ekeeping at that time an <ill Clinton, ?resient of the
.- at that time!
Kust before the geno$ie #as about to break, 9eneral 4allaire pleae #ith his superiors to
allo# him to be more a$tive an to go an $olle$t the #eapons of the militias sin$e he kne#
#here they #ere store! The .nite -tates after, a isastrous intervention in -omalia-
remember the famous phrase B<la$k *a#k 4o#n,, L i not #ant to respon an so >o1 i
not give the instru$tions! As a result a million people #ere kille! 9eneral 4allaire resigne
from the .nite /ations, su)ere a nervous breako#n an #hen he re$overe mae it his
mission to $ampaign for this o$trine!
5ith gro#ing international interest, a Commission #as set up in Canaa #ith 9areth 3vans,
the former foreign minister of Australia, as Chair to formulate this o$trine of the
responsibility to prote$t! 5hat the Commission $ame up #ith #as very broa- it allo#e for
humanitarian intervention in the event of #iesprea #ar $rimes as #ell as in the $ase of
natural isasters! "t also enorse multilateral as #ell as unilateral use of for$e by nation
states to prevent a humanitarian isaster- a re$ommenation that #as very $ontroversial- the
unilateral part gave many $ountries the 9oosebumps!
>o1 Annan took up the report an introu$e some elements into the *eas of -tate summit
hel in 200F! "t ha been $ut o#n to in$lue humanitarian intervention only in the $ase of
#ar $rimes, $rimes against humanity an geno$ie- not natural isasters- an only allo#e
the use of military for$e through enorsement by the -e$urity Coun$il uner Chapter I #here
8ussia an China #oul also be present #ith their vetoes! This pla$ate the heas of state
gathere there at that time an they all signe the -ummit o$ument in$luing -ri 0anka!
The 1nal paper presente by the -e$retary 9eneral mae it $lear that 82? ha three pillars-
the 1rst pillar re$ogni&e that the primary responsibility for prote$tion of $iti&ens lay #ith the
nation state an that a funamental uty of sovereignty #as to prote$t your $iti&ens!
The se$on pillar #as iploma$y! "f it looks like a $ountry is failing to prote$t all its $iti&ens or
part of its $iti&ens there shoul be intensive multilateral an regional iploma$y! As #e kno#
from the re$ent past- a $ountry #ill be inunate #ith o&ens of international visitors!
"f all that fails an there is still imminent anger to the population then there $oul be a use
of military for$e pursuant to a -e$urity Coun$il resolution! "n 200@ at the height of the -ri
0ankan $ivil #ar the 82? o$trine ha not even been fully formulate #ithin the ./ system
an #ith friens in the -e$urity Coun$il, -ri 0anka #as never in any anger!
"n the pani$ surrouning 82? in -ri 0anka- there #as a lot of talk of /ATC in >osovo, the .- in
"ra%, the #est is going to invae us et$!- but it must be re$ogni&e that 82? or humanitarian
military intervention has also been $onu$te by many non-#estern states! 2ietnam #ent into
Camboia to get ri of ?ol ?ot, Tan&ania #ent into .gana to get ri of "i Amin, "nia helpe
$reate <anglaesh, an no# 8ussia is threatening humanitarian intervention in .kraine!
5hat 82? #ithin the ./ system tries to o is to systemati$ally evelop the $on$ept that
$ountries have in the past use unilaterally, to evolve a $onsensus on the meaning an
$ontent of humanitarian intervention an also to $reate a re$ogni&able pro$ess #ithout
leaving it to the arbitrary #hims of iniviual nation states! "n that sense it shoul be a
#el$ome evelopment! "t shoul not be the basis for minless pani$!
="=T* ?*A-3H T*3 5A8 C/ T388C8
The 1nal an 1fth phase of human rights at the international level is the $onse%uen$es of the
5ar on Terror! This 5ar on Terror #as laun$he by the .- uner the aministration of
?resient 9eorge <ush, 4i$k Cheney an the 4onal 8umsfel! Terrorism in the past #as seen
as a poli$e operation operating #ithin a human rights frame#ork- for e;ample that is ho# the
<ritish ealt #ith the "8A or -pain #ith the <as%ue nationalists! The <ush aministration mae
it into a B#ar, both omesti$ an international L a ma(or $on$eptual leap that sent human
rights a$tivists spinning!
"n response to -eptember 11th 2001 the <ush aministration basi$ally #ipe out many of the
safeguars in the la# espe$ially #ith regar to the settle area of human rights la#- $ivil an
politi$al right, in$luing freeom from torture-the 1rst generation of rights an espe$ially as it
applie to the 'uslim population! The .- aopte the ?atriot A$t that ha ra$onian po#ers-
a little like our ?TA -an enable e;tensive surveillan$e of the population! 3#ar -no#en is
a hero for many people in that his e;posures have for$e the .- government to $ut ba$k on
the ?atriot A$t! There is a ne# aministration in 5ashington an to be fair they have begun to
uno the amage of the ?atriot A$t but it is still $learly not enough!
"n aition after -eptember 11th #e have ha to eal #ith the hell hole kno#n as
9uantanamo, a pla$e that at best $oul be es$ribe as a pla$e beyon the la# #here
military $ommissions are no# meting out rough (usti$e, " #as involve in one of the $ases- the
$ase of Cmar >har- a $hil solier!
9uantanamo #ill not go a#ay be$ause the .- Congress refuses to let any of the inmates into
the .- to fa$e a fair trial an home $ountries refuse to take their nationals #ho are kept in
9uantanamo but have not been $harge! The Ameri$an Civil 0iberties .nion an the Center
for Constitutional rights, brave an persistent la#yers, many of them from the Ke#ish faith,
pointing again to the universalist vision of human rights, keep struggling against many os,
in$luing threats to their o#n se$urity an hate from their neighbours, to prote$t the rights of
their 'uslim $lients! 6et 9uantanamo lingers like a $an$er on the boy politi$!
=inally, the <ush aministration:s aggressive pursuit of $ounter terrorism, has raise a #hole
host of te$hnologi$al an legal issues!
=or e;ample the #iesprea use of the strategy of targete assassinations, invente by the
"sraelis, has $reate ma(or problems for those of us intereste in the prote$tion of $ivilians!
.ner #hat regime o #e look at targete assassinations7 Are they Barme $onEi$t, uner an
international humanitarian la# regime #here you $an kill $ombatants in$luing #hat is no#
terme B$ontinuous $ombatants, even #hile they are sleeping7 This is the argument #as
use by the .- #ith regar to the killing of Csama <in 0aen!
Arme $onEi$t, is also the frame#ork use to (ustify targete assassinations in the form of
bombing an allege terrorist from the air in a publi$ lo$ation or a builing regarless of the
$ollateral amage! .ner this line of argument #herever an allege terrorist is present, that
pla$e be$omes a (usti1able military target! "n that $ase no one is safe any#here as the
$hilren in the ./ s$hool in 9a&a foun out! " must immeiately a that the "C8C has not
enorse this line of thinking!
"n the alternative is apprehening an assassinating terrorists to be approa$he as a Bpoli$e
style operation, L after all there is no arme battle of any sort taking pla$e! Then the use of
for$e #oul operate uner a human rights regime #here you $an kill only in self-efense or if
su$h killing is absolutely ne$essary! =or e;ample #hen pursuing the <oston marathon
bombers, a pursuit that is te$hni$ally a part of the #ar on terror, no one #as bombing
builings from the air an killing Ameri$ans an $alling it $ollateral amage! "t #oul not even
have $rosse their mins! They (ust $onu$te a poli$e operation!
As you kno# the Ameri$an an the "sraeli governments #oul o anything an everything, by
hook or by $rook to save the life of even one of their $iti&ens! After that someone #ill make a
blo$kbuster movie about it an it #ill #in an a$aemy a#ar! <ut saving the lives of other
peoples- that is a i)erent story! As #e kno# the #ar on terror more often than not values life
asymmetri$ally!
3ven in the -ri 0ankan $onte;t, #henever " hear the #ors Bhuman shiel, or Bgrey area
bet#een $ombatants an $ivilians,, or Bol #omen for$e into builing bunkers, are really
$ombatants, my antennas go up! "t only means that someone is saying that someone else:s
life is not #orth saving- usually a member of another ethni$ or religious group! 0u$kily the
"C8C so far has not given into the pressure from the so-$alle $ounter terrorism lobby to
$hange the substan$e of international humanitarian la#!
/evertheless there is an area #here ne# international a$tion is ne$essary #ith regar to
international humanitarian la# an that is in the area of rones an other similar
te$hnologi$al innovations use for arme atta$k! 5hat are the pro$eures that must be taken
prior to a rone atta$k to avoi $ivilian $asualties7 *o# o #e measure the humanitarian
o$trines of $ollateral amage an military ne$essity in the eventuality of rone atta$ks7 Can
rones $ross national bounaries using the Bhot pursuit, legal argument7
"n rone atta$ks the $laim is that $ollateral amage is far less an the strikes more pre$ise
than #ith the usual type of aerial bombarment but this is eeply $onteste even by the "C8C
#ho say rones $reate unrea$hable military e;pe$tations of pre$ision! There is still $ollateral
amage an the surveillan$e an intimiation of the population is $onstant an total!
A$$oring to reports $hilren are terribly traumatise by the persistent roning soun above
their hea throughout the ay an night!!
There is no# a gro#ing international movement for eveloping an international $onvention on
rones an similar te$hnology! "t is time that base on the evien$e available #e move the
international system to start putting the brakes!
" often rea morally self righteous arti$les in the -ri 0ankan papers stating that no-one pla$es
a spotlight on $rimes by the 5est- #ell if you #ant to rea an e;$ellent report on the e)e$t of
rones on the targete population go to the report (ointly prepare by the *uman 8ights
Clini$s of the -tanfor .niversity 0a# -$hool an /e# 6ork .niversity 0a# -$hool *uman
8ights Clini$s! At great risk to their lives these young stuents #ent to /orth 5est ?akistan,
live #ith the population an then #rote #hat " believe is an e;$ellent report- a basis for
future international a$tion!
The a$tions of terrorists aroun the #orl, the ghastly bombings of $ivilian pla$es, beheaings
of issenters, (ournalists an #esterners an the absolutely outlanish use of $hil soliers
are also horri1$! " think #e #ere all si$k to our stoma$hs vie#ing the beheaing of Kames
=oley! ?erhaps even more si$k #hen #e see $hilren training to be sui$ie bombers! /othing
$an $onone this kin of behavior!
5hen " #as young " #as a $omplete pa$i1st but in my #ork #ith #omen an $hilren " have
seen the true fa$e of evil- su$h as for e;ample the a$tions of Koseph >ony an the 0ors
8esistan$e Army in .gana! " reali&e that military for$e may have to be use even in the -ri
0ankan $onte;t #hen fa$e #ith a ruthless, ealy genius like ?rabhakaran #ho i not kno#
ho# or #hen to make pea$e!
*o#ever the eathly nature of moern #eapons an #arfare $ompels us to ensure the stri$t,
e)e$tive, an proper implementation of the rule of la#, espe$ially the la#s of #ar, or #e are
asking for #iesprea estru$tion an impunity! 5e $annot e;pe$t $ivili&e behavior from the
terrorists but #e $an e1nitely e;pe$t it from the member states of the .nite /ations!
This 1fth stage of international human rights evolution es$ribe above has therefore been a
push ba$k on $ivil an politi$al rights internationally espe$ially by the $ounter terrorism lobby
le by "srael an the <ush aministration! "n aition the polarising nature of the <ush
aministration poli$ies estroye the $onsensus an universalism that ha emerge on
human rights in the nineteen nineties leaing to fraught is$ussions both at the -e$urity
Coun$il an the *uman 8ights Coun$il!
At the same time the institutions an pro$esses set up earlier in the 1@80s an the 1@@0s are
no# #orking in an even more systemati$ manner, $onstantly fa$t 1ning, gathering evien$e
an 1ling reports! As " sai earlier, information on human rights abuses is gathere an
pro$esse on a $onstant basis! As a result violators of human rights toay have really no
pla$e to hie! 5e then have this strange parao; of intensive human rights a$tivity from the
grassroots up#ar e;isting alongsie ma(or human rights $hallenges at the international
level!
4C.<03 -TA/4A84-
As a global $ommunity #e have inherite this ei1$e of human rights that has been $reate
over e$aes! 5e $annot es$ape it an our best iplomats have unerstoo that an have
engage it su$$essfully at i)erent stages of our history! /evertheless the one %uestion on
everyone:s min is of $ourse the %uestion of ouble stanars! " hear this $onstantly! "f the .-
is not in the o$k for "ra% #hy anyone else7
<efore " speak about the important issue of ouble stanars let me point out t#o thingsH M
=irst- are #e asking the $orre$t %uestion #hen #e s$ream B5hy the ouble stanars,7
-houl our response to international $riti$ism by a efensive B#e may be #rong but you are
#orse,! "s it not better for us to (ust fo$us on oing the right thing regarless of #hat others
say or o7 After all no one #ill be able to $riti$i&e us if #e o not give them the room to o so!
-e$on, #hile it is true that it is iA$ult to punish the permanent 1ve members of the
-e$urity Coun$il an hol them a$$ountable for violations be$ause of their veto, -ri 0anka is
not the only $ountry that is $riti$i&e internationally! As you sa# #ith the re$ent in$ients in
9a&a, the *igh Commissioner for *uman 8ights #as as $riti$al if not more $riti$al of "sraeli
a$tions an the *uman 8ights Coun$il has passe t#o resolutions against "srael in$luing one
asking the C*C*8 to $onu$t an in%uiry along the lines of the resolution on -ri 0anka! "n this
$ase one must also point out that the .nite -tates #as isolate! "srael may not be punishe
by the ./ system be$ause of the .- veto in the -e$urity Coun$il! <ut, she #ill be monitore
an evien$e #ill be gathere, perhaps for a$tion at some future ate!
/evertheless, there is no %uestion that international po#er an politi$s insulates some
$ountries over the others! An yet, the truth is that ouble stanars o e;ist even in national
legal systems! 0et us turn the sear$hlight in#ar-let us take our o#n national system! A
minister ties someone to a tree- he is not arreste! A religious 1gure in$ites violen$e, he is not
arreste, a politi$ian murers another politi$ian in $ol bloo in front of a $ro# #ith plenty of
#itnesses but no# #aners free L yes #e too have impunity for the ri$h an the po#erful!
/ational an international legal systems are not that i)erent!
-o #e must ask ourselves- is the ans#er to these ouble stanars at the national an
international level to o nothing, ismantle the entire $riminal (usti$e system, let everyone go
free an allo# for #iesprea impunity! -urely not- the ans#er is to keep putting the pressure
so that impunity #ill eventually isappear an everyone #ill 1nally be hel a$$ountable!
The humanitarian approa$h to all this has al#ays been very patient- one step at a time!
Kusti$e for one person is better than (usti$e for none! There may be ouble stanars but #ith
one $onvi$tion there #ill also be a measure of eterren$e! Convi$tions al#ays sen a very
strong signal! After the $ase against Thomas 0ubanga #as 1le by the "CC #ith regar to $hil
soliers #henever " met rebel groups in the -uan or even the ?hilippines the 1rst %uestion
#as- B#hat about the "CC,7 That to me is the beginning of eterren$e!
Toay in -ri 0anka #e are immerse in a $limate of $yni$al realism an arguments about ho#
to out $onspire the ne;t $onspira$y theorist! 5e are tol toay that the international
$ommunity is ominate by the .- an other imperialist po#ers! These po#ers are out to get
us an for$e regime $hange! 5e of $ourse have one nothing #rong! 5e are tol that #e
shoul not parti$ipate in #hat is a #estern, hegemoni$ ./ pro$ess! Anyone #ho $onsorts #ith
the 5est or the ./ is a traitor! Cur uty is to subvert the system until it $hanges- #hen that
is, is anyboy:s guess! 5e are urge to embra$e an $elebrate our status as a brave,
international out$ast! A kin of 1@G0s 'a$ho nationalism that is love by many prevails in -ri
0anka toay!
An yet #e are sear$hing esperately for foreign ire$t investment! Cver G0N of our e;ports
go to the #est, in$luing our $hilren for eu$ation an employment! 5e also #ant to be$ome
the $apitalist hub of -outh Asia as #ell as a pleasure an tourist resort! -urely there must be
a more sophisti$ate response7
This sort of $yni$al realism, #hi$h lives in $onstant fear of en$ir$lement an in a state of
siege, is not the best minset to move our $ountry for#ar- it never is! "t is a ploy of
efensiveness an evien$e of a la$k of imagination! "t $annot be our future! 5e must have
hope that #e #ill eventually have the $ourage to $onfront the ugliness #ithin us an that
truth an (usti$e #ill prevail even in the harest of $ases!
As you $an see from #hat " have sai so far- human rights is a theory an a pra$ti$e at the
.nite /ations has been long in the making! "t is not the plot of an iniviual $ountry or
groups of $ountries- it is a is$ourse use by everyone an is pre$ious to many blo$s aroun
the #orl! "t is a $on$ept that has gro#n an evolve be$ause of situations on the groun
#hether it is 5orl 5ar "", aparthei in -outh Afri$a, isappearan$es in 0atin Ameri$a or
9eno$ie in 8#ana or the ne# te$hnologies of #ar!
Kust before " left the ./ " met an Asian iplomat #ho sai that the ays of human rights an
#estern ominan$e #ere over an that it may be the best time to leave! As he sai this #ith a
$yni$al smile " thought of the $ountless #omen an $hilren #hom " have met aroun the
#orl, vi$tims of the #orst kin of brutality for #hom human rights #as evoi of politi$s an
a real #hisper of hope! " remember one #oman in 8#ana, #ho ha been brutally rape an
#ho #as for$e to kill her o#n $hil by burying him in the san, say to me, BTake my story,
take it to 9eneva- this must never happen to another #oman,!
'artin 0uther >ing, in a %uote that is very famous, on$e sai Bthe ar$ of history bens to#ar
(usti$e,! " too believe that- it is often a matter of time- one year, ten years perhaps even a
hunre years but the sear$h for truth an (usti$e #ill happen!
Thank you!