Terrorism and Human Rights

Abstract

In spite of the fact that it appears clearly and explicitly from both international and regional anti-terror instruments that the fight against terrorism can only take place if human rights are fully respected, there is extensive documentation that a number of human rights have been violated in states' fight against terrorism. A decisive explanation is that human rights concerns are not being given the same international and national political priority they once were. Human rights have been given a lower priority and have been marginalized and to some degree restricted to judicial and human rights arenas for subsequent control. This has resulted in human rights generally coming under pressure on three fronts: the argument that human rights are being superseded by terrorism, a trend that sees the scope of human rights as limited due to special conditions or situations, and finally a trend towards a restrictive interpretation and limitation of the level of human rights protection. These developments all give cause for concern. First, these stratagems against human rights not only affect the terrorists, but also our societies in a much broader sense, and threaten to undermine our most fundamental principles of openness, freedom, the rule of law, and respect for and protection of the rights of individuals. Secondly, one can with good reason question whether "sacrificing" human rights is the right way to prevent and fight terrorism. As a number of sources have pointed out, it seems reasonable to assume that the fact that suspected terrorists have been treated with complete disregard for international law, and especially for human rights principles, has increased rather than limited the supply of potential terrorists. In March 2005, the UN Secretary General published a first draft of a comprehensive strategy on the prevention of terrorism, which contemplates fighting and preventing terrorism through a combination of short-term security initiatives like increased control, surveillance and the seizure of financial assets, as well as long-term initiatives such as strengthening human rights and development.96 This appears to be the most sustainable and effective way of combating terrorism. 96 The strategy contains five elements the "five Ds": i) dissuade disaffected groups from choosing terrorism.