Human Rights Council Promotion And Protection Of Human Rights International Law Essay

October 22, 2017 Human Rights

“ I steadfastly believe that terrorist act must be confronted in a mode that respects human rights jurisprudence. Insisting on a human rights-based attack and a regulation of jurisprudence attack to countering terrorist act is imperative. Over the long term, a committedness to uphold regard for human rights and the regulation of jurisprudence will be one of the keys to success in countering terrorist act – non an hindrance barricading our manner. ”

-Former High Commissioner for Human Rights, Louise Arbour

Distinguished members of the Human Rights Council, beloved stakeholder representatives,

Counter-terrorism policies led to misdemeanors of human rights manner before 2001. However, the topic of the misdemeanor of human rights in connexion with countering terrorist act has attracted more involvement since the constitution of counter-terrorism policies in so many new states which came along with the terrorist onslaughts on 11th September 2001. Already seven old ages ago the Security Council stated that provinces must guarantee that any step taken to battle terrorist act comply with all their duties under international jurisprudence, and should follow such steps in conformity with international jurisprudence, in peculiar international human rights, refugee, and human-centered jurisprudence.[ 1 ]“ It is a good thing ” is the reply you would acquire if you ask random people about countering-terrorism but everybody following the media – even if merely sparely – came across Guantanamo, Secret Detention, Waterboarding and many more keywords in this subject country. This usher will give you a unsmooth overview subject two ; indispensable to your proper readying as a delegate is however your ain research. Short debuts should usually non call excessively much mentions, nevertheless I decided to advert all the of import declarations and studies because it is important to hold the same base in order to hold a constructive treatment on the subject. Keep in head that this readying usher is merely the beginning of your research

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Promotion and protection of Human Rights and cardinal freedoms while countering terrorist act – Quo Vadis?

First of all the inquiry about a proper definition of what terrorist act is has to be asked since there remains no unequivocal consensus. National provinces such as India, Syria, United Kingdom and the United States included definitions of terrorist act in their national jurisprudence. The United Nations General Assembly in its non-binding United Nations Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, besides tried to specify what terrorist activities are.[ 2 ]In add-on the Security Council[ 3 ]condemned terrorist Acts of the Apostless as:

“ Condemnable Acts of the Apostless, including against civilians, committed with the purpose to do decease or serious bodily hurt, or taking of sureties, with the intent to arouse a province of panic in the general populace or in a group of individuals or peculiar individuals, intimidate a population or oblige a authorities or an international organisation to make or to abstain from making any act, which constitute discourtesies within the range of and as defined in the international conventions and protocols associating to terrorist act, are under no fortunes justifiable by considerations of a political, philosophical, ideological, racial, cultural, spiritual or other similar nature. ”[ 4 ]

Historical Overview / Recent Development

The most of import declaration adopted by the Human Rights Council on the protection of human rights and cardinal freedoms while countering terrorist act yet is A/HRC/7/7 ( 2008 ) which emphasizes the duty of States to esteem that certain rights are non-derogable in any fortunes.[ 5 ]

Furthermore a cosmopolitan periodic reappraisal on the issue was established in 2006 which covers 48 States each twelvemonth and by the beginning of 2012 will hold covered all Member States.[ 6 ]The HRC recognized this reappraisal as a tool for the publicity and protection of human rights and cardinal freedoms while countering terrorist act in A/HRC/10/15 ( 2009 ) .

A/RES/60/288 ( 2006 ) defined the United Nations Global Counter-Terrorism Strategy and a program of action to back up the practical work of the Counter-Terrorism Implementation Task Force which was established in July 2005. This scheme was reaffirmed by all member provinces of the General Assembly who agreed on a comprehensive response towards terrorist act including the acknowledgment that the protection of human rights and the regard for the regulation of jurisprudence are non conflicting ends with effectual counter-terrorism.[ 7 ]Led by the OHCHR the Task Force created the Working Group on Protecting Human Rights while Countering Terrorism whose members among others include the Counter-Terrorism Committee Executive Directorate, the United Nations Interregional Crime and Justice Research Institute, the Particular Rapporteur on the publicity and protection of human rights and cardinal freedoms while countering terrorist act, the Office of Legal Affairs, the World Bank, and the United Nations Office on Drugs and Crime. This working group organizes events such as adept seminars in order to analyse the effects of terrorist act and counter-terrorism on cultural, economic and societal rights. It is besides important to advert the Counter-Terrorism Committee which successfully implemented human rights concerns into its work based on Security Council declarations S/RES/1624 ( 2005 ) and S/RES/1373 ( 2001 ) .

When speaking about Human Rights challenges in the context of counter-terrorism the focal point is ever on one of the undermentioned topics: The right to life ; Transfer of persons suspected of terrorist activity ; Profiling and the rule of non-discrimination ; The rule of legality and the definition of terrorist act ; Freedom of association ; Economic, societal and cultural rights ; Challenges to the absolute prohibition against anguish ; Liberty and the security of the individual ; Due procedure and the right to fair test ; Freedom of look and the prohibition of incitation to terrorist act ; Surveillance, information protection and the right to privateness.[ 8 ]

Examples

In order to give some specific instances of Human Rights misdemeanors to discourse, I will take the three illustrations mentioned in the debut and explicate them a small spot further.

Waterboarding is an invented term that describes a signifier of mild anguish which simulates submerging. The suspect lies down while person spills H2O over his oral cavity. The ensuing gag physiological reaction makes the victim catch for air while a towel or a piece of fabric is used to forestall successful external respiration. To avoid existent submerging the caput lies deeper than the remainder of the organic structure so that the H2O can non make the lungs. This signifier of anguish is called White Anguish because it leaves no seeable grounds of anguish behind ; nevertheless a batch of people exposed to that sort of anguish maintain long permanent psychological harm. Waterboarding was practiced of all time since the early yearss of the Spanish Inquisition in 1478 it was merely called a different name ( tormenta de toca ) . After the 9th September 2001 the United States of America set Waterboarding onto the list of methods to interrogate suspects – It is now out since 2007. In add-on to that it is a strong misdemeanor of the Geneva Conventions on human-centered intervention of the victims of war.

The inquiry on how to successfully forestall white anguish has non yet happen its reply as it is, as mentioned above, about impossible to turn out that one of those patterns was used to torment a suspect.

Secret Detention was in conclusion defined by A/HRC/13/42 ( 2010 ) – A individual is kept in secret detainment if State governments or other official authorized forces deprive individuals of their autonomy, where the individual is non permitted any contact with the outside universe and when the confining authorization denies the fact that the individual is detained at all.[ 9 ]Secret Detention itself sort of implies that something improper is connected with it. In order to fix yourself on this subject, please hold a closer expression at this twelvemonth ‘s Human Rights Council study A/HRC/13/42 ( 2010 ) .

Guantanamo Bay Naval Base is a military base of the United States Navy, located in the south-east of Cuba. After the terrorist onslaughts on the World Trade Center in 2001 the base was extended to host a military prison. The US Government used this installation to interrogate suspects caught in the war against terrorist act. The fact that makes this prison so of import is that the captives brought there are non covered under the legal power of the United States – As a consequence it was rather easy to worsen them rights they would hold had if kept within the US. The International Red Cross was the lone human-centered Organization permitted to see the so called Camp Delta on the naval base – It exhorted several serious misdemeanors of Human Rights and instances of anguish. This anguish included centripetal want, waterboarding, sleep want, floging, torment and much more particular patterns one is even afraid to conceive of. Guantanamo Bay Naval Base is the most known topographic point hosting a cantonment a like this but there are still other topographic points staying like for illustration Bagram Air Base in Afghanistan.

Decision

“ Conformity with international human rights criterions is indispensable where any counter-terrorism step involves the want of an person ‘s autonomy ” as stated in paragraph 32 of the study of the United Nations High Commissioner for Human Rights on the protection of human rights and cardinal freedoms while countering terrorist act.[ 10 ]Even and particularly in instances of public exigency it is of topmost importance to continue the universal and cardinal human rights. National boundary lines should non be obstructions to fulfilment of human rights duty ; most attempts to successfully battle terrorist act are based on international cooperation and any failure to esteem HR decreases their effectivity.[ 11 ]In a universe of panic and such a huge diverseness of menaces as it exists today the most common ground for human rights misdemeanors is fear – fright to be overtaken by unknown hostile actions. Although we all can understand the ground, we should ne’er hold on anguish and the ignorance of the being of cardinal and cosmopolitan human rights.

Recommendations for your readying

Does your state have a specific counter-terrorism scheme or even a jurisprudence refering CT and what does look like? Many provinces have provisory CT Torahs in force presents and a batch of them do non follow with Human Rights duties.

Are there any reported instances of HR misdemeanors in your state and how did your authorities react? – This might be really of import to cognize ; if for illustration secret detainment exists in your state you might non desire to speak about it but if some other state accuses you of holding it, it is important that you are at least cognizant of the facts.

Based on the specific background of your state, what are the most of import HR misdemeanors to discourse? – Cardinal Human Rights such as equal protection under the regulation of jurisprudence or the freedom of address are ever of import to discourse and warrant, but possibly your state faces a particular state of affairs and it is of import to postpone that subject to the members or the HRC.

What contracts did your state mark sing the issue and which workgroups, commissions or undertaking forces does it back up or take part in? – Some provinces might hold duties due to the fact that they participate in international operating establishments to contend Human Rights misdemeanors.

What are your proposed solutions or constructive suggestions to better the current state of affairs? – Examples might include the creative activity of new workgroups and task-forces or steps of implementing cardinal Human Rights into national Torahs on contending terrorist act.

Writing a place paper which covers the chief facets of your readying, a decision and suggestions on the issue to be discussed is strongly encouraged ; nevertheless, it is non compulsory for this conference.

Must Reads

Report of the Secretary-General A/64/186 ( 2009 ) on the Promotion and protection of human rights: human rights inquiries, including alternate attacks for bettering the effectual enjoyment of human rights and cardinal freedoms.

This study of the Secretary General is an first-class preparatory papers to take part in a substantiated treatment on the issue. It describes recent development and how the different bing UN organic structures are involved in the procedure of publicity and protection of Human Rights. The declared decisions of that study can be used as a common base for dialogues in the HRC Sessionss at HamMUN 2010.

UNHCHR Fact Sheet No. 32 ( 2008 ) on Human Rights, Terrorism and Counter-terrorism.

This official UNHCHR fact sheet gives elaborate information about everything related to the subject of Human Rights and terrorist act ; get downing with the definitions on terrorist act and Human Rights it gives perfect background cognition on the impact of CT on HR. The specific Human Rights Challenges before mentioned in this readying usher are individually described in the 3rd and last portion of this papers. For your proper readying it is advisable to take a closer expression at this study.

Useful beginnings refering research

The United Nation Documents Archive

hypertext transfer protocol: //www.un.org/en/documents/index.shtml

Official UN Press Releases on any subject can be found here

hypertext transfer protocol: //www.un.org/en/unpress/index.asp

The Universal Declaration of Human Rights

hypertext transfer protocol: //www.un.org/Overview/rights.html

Entree to the different organic structures under the UNHCHR

hypertext transfer protocol: //www2.ohchr.org/english/bodies/hrcouncil/

Universal Human Rights Index of United Nations Documents

hypertext transfer protocol: //www.universalhumanrightsindex.org/hrsearch/displayAdvancedSearch.do? lang=en

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