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In War on Terror, Many Countries Violating Human Rights Standards

Committee Hears Reports Concerning Torture, Human Rights Defenders,

Countering Terrorism, Freedom of Religion, Judicial Independence, Violence against Women

The use of torture violated international human rights, refugee and humanitarian law, but in the war on terror many countries were violating such international standards, and that practice must end, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, told the Third Committee (Social, Humanitarian and Cultural), today as it continued its general discussion of human rights questions.

In fighting terrorism, several Governments had transferred or proposed to return alleged terrorist suspects to countries where they could be at risk for torture or ill-treatment, on the grounds that such persons would be protected through diplomatic assurances and regular monitoring to prevent ill-treatment, Manfred Nowak, the Special Rapporteur, said. However, such diplomatic assurances were unreliable and ineffective in protecting against torture and ill-treatment. They were usually sought from States where torture was systematically practiced, but post-return monitoring had proven to be no guarantee of protection. Diplomatic agreements were not legally binding and no recourse existed for breaches.

Rather than a genuine system of monitoring detention areas and stopping the practice of torture, diplomatic assurances basically attempted to provide special bilateral protection and monitoring for a few privileged detainees while ignoring the systematic torture of other detainees, he said, adding that the practice undermined the International Covenant on Civil and Political Rights and the Convention against Torture. Moreover, Security Council resolution 1456 of 2003 stressed that Governments must ensure that anti-terrorism measures complied with international law.

Turning to the issue of violence against women, Yakin Ertürk, Special Rapporteur on violence against women, its causes and consequences, said her annual report to the Commission on Human Rights focused on the link between HIV/AIDS and violence against women. Women's vulnerability to that pandemic was largely rooted in pervasive gender inequality and discrimination, which often manifested in multiple forms of violence.

In her report next year, she said she would aim to lay out the most common use of the due diligence standard, which emphasized response to violence against women in the context of the criminal justice system, access to services and legislative reform. However, the violence-against-women agenda was not only about responding effectively to violence when it occurred but to actually prevent violence against women from occurring at all. She would also consider how the due diligence standard could best be applied at different levels of intervention, including at the individual, community, State and transnational levels.

Regarding the issue of human rights defenders, Hina Jilani, Special Representative of the Secretary-General on Human Rights Defenders, said that to be effective, international peace and security strategies must give particular attention to protecting human rights defenders. Such defenders helped achieve the objectives of resolutions of the Security Council and the Commission on Human Rights, provided early warning of emerging problems, including on gross human rights violations, and could help prevent problems from deteriorating further. They also provided accurate information on the situation on the ground by bringing to light deviations from international human rights and humanitarian law while conflict was ongoing, and helped protect civilians and provide relief. However, defenders had been the victims of killings, disappearances, torture, arbitrary arrest and detention, harassment and intimidation, and had been denied access to relevant places, people and information. Protecting human rights defenders and their work was still not adequately emphasized within the United Nations system.

Asma Jahangir, Special Rapporteur on Freedom of Religion or Belief; Martin Scheinin, Special Rapporteur on the Protection and Promotion of Human Rights and Fundamental Freedoms while Countering Terrorism; and Leandro Despouy, Special Rapporteur on the independence of judges and lawyers, also made statements. Committee members asked questions and heard replies from the Special Rapporteurs and Special Representatives of the Secretary-General.

The Committee will meet again at 10 a.m., on Thursday, 26 October, to hear presentations from Akich Okola, Independent Expert on the situation of human rights in Burundi; Sima Samar, Special Rapporteur on the situation of human rights in the Sudan; and Jean Ziegler, Special Rapporteur on the right to food.

Source: United Nations