Injustice, inequality and impunity
K ShanPublished: Jun 2, 2008 3:10 AM | Updated: Jun 2, 2008 3:16 AM
Sixty years after the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations, people are still being tortured and ill-treated in at least 81 countries, face unfair trials in at least 54 countries and are not allowed to speak freely in at least 77 countries.
These details from the Amnesty International report on 2007 also under the unfortunate fact that injustice, inequality and impunity have become the hallmark of government today.
Sixty years after the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations, people are still being tortured and ill-treated in at least 81 countries, face unfair trials in at least 54 countries and are not allowed to speak freely in at least 77 countries.
These details from the Amnesty International report on 2007 also under the unfortunate fact that injustice, inequality and impunity have become the hallmark of government today.
Six years into the so-called ‘war on terror’, the US continues to hold hundreds of people in indefinite military detention without charge or trial in Afghanistan and Guantánamo Bay, in addition to the thousands held in Iraq.
Almost five years after the US-led invasion that toppled Saddam Hussain, the conflict in Iraq has not eased. Early in the year US president George W Bush committed an additional 26,000 troops to a major “surge” intended to improve security.
However, human rights abuses remained widespread and involved a variety of perpetrators - Shi’ite and Sunni armed groups and militias, Iraqi government forces and the US-led Multinational Force. Sectarian violence has resulted in thousands of deaths, and gross mutilation and torture.
In August, large-scale protests began in Myanmar against the government’s economic and political policies. At least 31 people - but likely, more than 100 - were killed in the subsequent crackdown by the authorities. A similar number was thought to be the victims of enforced disappearance.
In Tibet, peaceful demonstrations by monks in Lhasa led to violent protests in March, including racially targeted attacks on Han Chinese, which in turn prompted a heavy crackdown by Chinese authorities. Tibetan sources estimate that more than 150 people were killed in the unrest, with thousands detained and unaccounted for.
In Afghanistan, the ongoing conflict between insurgent groups and the internationally backed Afghan government intensified. At least 6,500 people lost their lives in the violence - civilians accounted for up to two-thirds of that number.
Enforced disappearances, unlawful killings, arbitrary arrests and torture continue to be a feature of the ongoing and escalating conflict between Sri Lankan government forces and the armed opposition group, the Liberation Tigers of Tamil Eelam.
In India, the economic boom has been accompanied by further marginalisation of the 300 million already poor and vulnerable people. Business interests, in many cases multinational, outweighed the needs of the poor as the exploitation of natural resources left tens of thousands homeless with no hope of return or reparations.
In Cambodia, thousands have been forcibly evicted from their homes following rapacious land grabs by the authorities.
High cost of violations
The prospect of an effective remedy for victims of human rights violations in many countries remains illusory.
The AI report highlights the fact that there is a gap between promise and performance and governments have failed to live up to their promises made in the UDHR.
It also cautions that the biggest threat to the future of human rights is the absence of a shared vision and collective leadership: “World leaders are in a state of denial but their failure to act has a high cost. As Iraq and Afghanistan show, human rights problems are not isolated tragedies, but are like viruses that can infect and spread rapidly, endangering all of us.”
Also highlighted was the fact that there is growing demand for justice, freedom and equality. The report characterised 2007 as a year of growing impatience with the failure of governments to deliver equality and justice.
The number of mass protests increased, as people became increasingly frustrated over government inaction and/or suppression of human rights. There is a growing call for accountability, for instance public demonstrations in China on evictions and environmental issues.
Some of the most striking images were of mobilisation and protest coming from unexpected quarters (sectors of society that do not normally take to the streets): among them were monks in Myanmar and lawyers in Pakistan demanding justice, equality, the rule of law and human rights.
There were also angry grassroots protests over the betrayal of promises to deliver justice and equality - for example, disturbances in Egypt over bread prices, post-electoral violence in Kenya,.
Activists, civil society and social movements were increasingly organised in mobilising protests and actions challenging human rights issues, such as the widespread impunity concerning enforced disappearances, extrajudicial killings, torture and the rights of marginalised peoples.
In Malaysia, similar concerns were noted as government failed to live up to the spirit of the UDHR despite being a member of UN Human Rights Committee.
Violations ranged from detention without trial, arbitrary arrest, detention, torture, death in custody and violent dispersal of assemblies, to arbitrary demolition of places of worship and settlements occupied by the urban poor.
New trends were employed by the authorities to stifle rights and freedoms, including the use of a blanket court order against protesters and abuse of criminal prosecution to assert fear and clamp down on dissent.
Malaysia has yet to review or repeal emergency legislation left behind by the colonial powers. The Internal Security Act, Emergency Public Order Preventive Ordinance, Restricted Residence Act, Essential (Clearance of Squatters) Regulations, Sedition Act, Printing Presses and Publications Act, Official Secrets Act and Universities and University Colleges Act continue to undermine human rights.
Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution including during the Indonesia-Malaysia Konfrontasi (Confrontation) in 1964 and after the racial riots of 1969. Parliament has yet to annul four of these and they remain in force.
Courage to act?
AI is also concerned that constitutional safeguards enshrined in the Federal Constitution have not been realised. Checks and balances within constitutional and fundamental liberties in Malaysia have been undermined. Part II of the constitution.
Entitled ‘Fundamental Liberties’, it grants citizens the right to life and the right to liberty (including habeas corpus); equality under the law and freedom from discrimination; freedom of movement; freedom of speech, assembly and association; and freedom of religion.
These rights have, however, been made redundant by restrictive laws and qualifying clauses in the constitution, which empower Parliament to legislate any restriction to freedom of expression, association and assembly.
People have been losing faith with the government, and its inability to protect their rights and institute reform. Public assemblies were organised by Bersih, Hindraf and the Bar Council, while pickets to demand a minimum wage drew tremendous support.
On May 28, AI - in conjunction with the 60th anniversary of the UDHR - called on governments to apologise for six decades of human rights failures and re-commit to concrete improvements.
It asked today’s leaders to make a fresh commitment to human rights, showing the same courage as their predecessors did in adopting the UDHR, and to end their denial and to remedy failures.
The Malaysian government has been trying to portray an image of reform, But does it have the courage to rectify all the violations of human rights of which it stands accused?
K SHAN is a human rights activist.
These details from the Amnesty International report on 2007 also under the unfortunate fact that injustice, inequality and impunity have become the hallmark of government today.
Six years into the so-called ‘war on terror’, the US continues to hold hundreds of people in indefinite military detention without charge or trial in Afghanistan and Guantánamo Bay, in addition to the thousands held in Iraq.Almost five years after the US-led invasion that toppled Saddam Hussain, the conflict in Iraq has not eased. Early in the year US president George W Bush committed an additional 26,000 troops to a major “surge” intended to improve security.
However, human rights abuses remained widespread and involved a variety of perpetrators - Shi’ite and Sunni armed groups and militias, Iraqi government forces and the US-led Multinational Force. Sectarian violence has resulted in thousands of deaths, and gross mutilation and torture.
In August, large-scale protests began in Myanmar against the government’s economic and political policies. At least 31 people - but likely, more than 100 - were killed in the subsequent crackdown by the authorities. A similar number was thought to be the victims of enforced disappearance.In Tibet, peaceful demonstrations by monks in Lhasa led to violent protests in March, including racially targeted attacks on Han Chinese, which in turn prompted a heavy crackdown by Chinese authorities. Tibetan sources estimate that more than 150 people were killed in the unrest, with thousands detained and unaccounted for.
In Afghanistan, the ongoing conflict between insurgent groups and the internationally backed Afghan government intensified. At least 6,500 people lost their lives in the violence - civilians accounted for up to two-thirds of that number.
Enforced disappearances, unlawful killings, arbitrary arrests and torture continue to be a feature of the ongoing and escalating conflict between Sri Lankan government forces and the armed opposition group, the Liberation Tigers of Tamil Eelam.
In India, the economic boom has been accompanied by further marginalisation of the 300 million already poor and vulnerable people. Business interests, in many cases multinational, outweighed the needs of the poor as the exploitation of natural resources left tens of thousands homeless with no hope of return or reparations.
In Cambodia, thousands have been forcibly evicted from their homes following rapacious land grabs by the authorities.
High cost of violations
The prospect of an effective remedy for victims of human rights violations in many countries remains illusory.
The AI report highlights the fact that there is a gap between promise and performance and governments have failed to live up to their promises made in the UDHR.
It also cautions that the biggest threat to the future of human rights is the absence of a shared vision and collective leadership: “World leaders are in a state of denial but their failure to act has a high cost. As Iraq and Afghanistan show, human rights problems are not isolated tragedies, but are like viruses that can infect and spread rapidly, endangering all of us.”
Also highlighted was the fact that there is growing demand for justice, freedom and equality. The report characterised 2007 as a year of growing impatience with the failure of governments to deliver equality and justice.
The number of mass protests increased, as people became increasingly frustrated over government inaction and/or suppression of human rights. There is a growing call for accountability, for instance public demonstrations in China on evictions and environmental issues.Some of the most striking images were of mobilisation and protest coming from unexpected quarters (sectors of society that do not normally take to the streets): among them were monks in Myanmar and lawyers in Pakistan demanding justice, equality, the rule of law and human rights.
There were also angry grassroots protests over the betrayal of promises to deliver justice and equality - for example, disturbances in Egypt over bread prices, post-electoral violence in Kenya,.
Activists, civil society and social movements were increasingly organised in mobilising protests and actions challenging human rights issues, such as the widespread impunity concerning enforced disappearances, extrajudicial killings, torture and the rights of marginalised peoples.
In Malaysia, similar concerns were noted as government failed to live up to the spirit of the UDHR despite being a member of UN Human Rights Committee.
Violations ranged from detention without trial, arbitrary arrest, detention, torture, death in custody and violent dispersal of assemblies, to arbitrary demolition of places of worship and settlements occupied by the urban poor. New trends were employed by the authorities to stifle rights and freedoms, including the use of a blanket court order against protesters and abuse of criminal prosecution to assert fear and clamp down on dissent.
Malaysia has yet to review or repeal emergency legislation left behind by the colonial powers. The Internal Security Act, Emergency Public Order Preventive Ordinance, Restricted Residence Act, Essential (Clearance of Squatters) Regulations, Sedition Act, Printing Presses and Publications Act, Official Secrets Act and Universities and University Colleges Act continue to undermine human rights.
Since independence, five states of emergency have been declared under Article 150 of the Federal Constitution including during the Indonesia-Malaysia Konfrontasi (Confrontation) in 1964 and after the racial riots of 1969. Parliament has yet to annul four of these and they remain in force.
Courage to act?
AI is also concerned that constitutional safeguards enshrined in the Federal Constitution have not been realised. Checks and balances within constitutional and fundamental liberties in Malaysia have been undermined. Part II of the constitution.
Entitled ‘Fundamental Liberties’, it grants citizens the right to life and the right to liberty (including habeas corpus); equality under the law and freedom from discrimination; freedom of movement; freedom of speech, assembly and association; and freedom of religion.
These rights have, however, been made redundant by restrictive laws and qualifying clauses in the constitution, which empower Parliament to legislate any restriction to freedom of expression, association and assembly.
People have been losing faith with the government, and its inability to protect their rights and institute reform. Public assemblies were organised by Bersih, Hindraf and the Bar Council, while pickets to demand a minimum wage drew tremendous support. On May 28, AI - in conjunction with the 60th anniversary of the UDHR - called on governments to apologise for six decades of human rights failures and re-commit to concrete improvements.
It asked today’s leaders to make a fresh commitment to human rights, showing the same courage as their predecessors did in adopting the UDHR, and to end their denial and to remedy failures.
The Malaysian government has been trying to portray an image of reform, But does it have the courage to rectify all the violations of human rights of which it stands accused?
K SHAN is a human rights activist.
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