Statement is First to Elucidate NHRIs Role and Challenges for Protecting Human Rights during Conflict and While Countering Terrorism; Urges Establishment of a UN Mechanism to Monitor Compliance of Counter-Terrorism Measures with Human Rights Standards; Sets in Place a Report-Back Process on Implementation of the Seoul Declaration in Each Country
On September 17, the closing day of the " 7th International Conference for National Institutions," over 70 National Human Rights Institutions (NHRIs) from around the world adopted the " Seoul Declaration" to (1) affirm universal human rights principles during times of conflict and while countering terrorism, (2) articulate the role of NHRIs in such times, and (3) put into place mechanisms to realize effective human rights protection.
The " Seoul Declaration" represents the NHRIs commitment to: (1) develop concrete human rights protection mechanisms in each country, (2) promote cooperation among NHRIs regionally (by continent), (3) urge for the establishment of effective and institutional mechanisms to monitor compliance of counter-terrorism measures with international human rights standards in the United Nations, (4) report to the annual International Coordinating Committee (ICC) meeting in April 2005 on implementation, and (5) request that a mechanism be created within the ICC for coordinating NHRIs" joint actions for fulfilling the Seoul Declaration.
In particular, the Seoul Declaration is the first to define general principles for NHRIs" role of protecting human rights during conflict and while countering terrorism. Thus far, the issues of human rights on the one hand and conflict situations and countering terrorism on the other have been largely treated as two separate issues. During the conference, the need for an approach that recognizes the interdependence and interrelations among conflict, counter-terrorism and human rights was raised, and after debate, this was formalized in the Seoul Declaration.
Through the Seoul Declaration, the 7th ICNI participants emphasized that " conflict, terrorism and counter-terrorism measures have posed a threat to the international community, states, and all, bringing about an unprecedented and grave human rights crisis."
General Principles: the NI Role in Conflict Situations
A critical NHRI role is one of reviewing and commenting on the human rights aspects of counter-terrorism legislation. Toward the prevention of violent conflict situations, NHRIs must work toward introducing long-term measures and policies to rectify inequity, injustice, and insecurity. NHRIs should examine violations of human rights committed by the State during conflict situations as well as examine infringements of rights by non-state actors. NHRIs should pay particular attention to the establishment of a fund for victims of human rights violations and payment of appropriate compensation. NHRIs should focus not only on the manifestations of conflict but also on the underlying causes.
Conflict and Counter-Terrorism: Civil and Political Rights and the Rule of Law
The NHRIs highlighted the State responsibility and obligation under international law to uphold the rights of their inhabitants from all forms of terrorism, and the NRHI role to protect civil and political rights prior to, during and after conflict.
Specifically, NHRIs must play a role in preventing violent conflict situations by addressing underlying causes such as discrimination and disproportionate limitations of human rights. During conflict situations and while fighting terrorism, all measures affecting the enjoyment of human rights should be both necessary and proportionate. Further, in post-conflict situations, the NHRIs must play an important role in investigations, cessation of impunity, and prevention of the retroactive application of criminal laws.
In order to prevent authorities from violating rights, the NHRIs must emphasize the principal of legality and precise legal definitions of terrorism and terrorism-related crime, and underscore the need for remedies and judicial review of human rights violations that occur during the process of countering terrorism. NHRIs must demand of the State that counter-terrorism legislation is neither enacted in haste nor without prior public scrutiny.
NHRIs should monitor counter-terrorism measures through periodic review, engage in preventative activities such as human rights education for the judiciary, public administration and security forces, and stress the right to freedom of expression through the media. Further, to ensure accountability, NHRIs should engage in regular monitoring.
Migration in the Context of Conflict and Terrorism
NHRIs should promote and ensure the national implementation of international standards on migrant workers, refugees, asylum seekers, and internally displaced persons (IDPs), advocate the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and actively engage in the treaty bodies monitoring process.
Further, It is recommended that NHRIs from sending, transit and receiving countries should establish bilateral and regional cooperation among themselves to address the issues of undocumented migrants, and both the UN and NGOs should cooperate to monitor whether migrants, refugees, asylum seekers and IDPs rights are being respected.
Women Rights in the Context of Conflict
NHRIs should highlight the serious and sometimes invisible or unacknowledged violence against women in conflict situations, and also the close interconnections between such violence and violence against women in everyday life, such as domestic and sexual violence.
NHRIs should support the creation of mechanisms to ensure the participation of women in the peace process and undertake all measures to protect women refugees and IDPs (Internally Displaced Persons) from being trafficked. NHRIs should contribute to ensuring the participation of women in the formulation and implementation of reconstruction and rehabilitation programs.
Laying the Foundations for Cooperation among the NHRIs, International Human Rights Institutions, and Human Rights Groups
The Seoul Declaration Drafting Committee was composed of the ICC of NHRIs with representation from each continent. Drafting committee participants included: representatives from France, Mexico, Uganda, New Zealand, and Korea, the ICC chair and participants from the office of the UN High Commissioner for Human Rights. The draft declaration produced through the committee discussions was debated at the plenary by all participants and adopted. The next annual ICC meeting will include a report-back on progress in implementing the Seoul Declaration.
The adoption of the Seoul Declaration at noon on September 17th brought to a close the 7th ICNI, a gathering full of dynamic discussions and debates on the part of the heads of NHRIs from some 70 countries, the UN High Commissioner on Human Rights, other UN officials related to human rights, and human rights organizations from Korea and abroad. The discussions covered each arena, from economic, social and cultural rights to civil and political rights, and migration and refugee-creating situations, as well as women rights. Participants heard reports about atrocities beyond belief, and reaffirmed that whatever the situation, human rights are non-derogable and inalienable.
From the domestic perspective, discussions on human rights were invigorated, and the conference contributed to the protection and promotion of human rights in South Korea. It is also significant in that while Korea has been the recipient of support from international human rights institutions for some time, the conference has been an opportunity for South Koreans to develop a deeper interest and concern for human rights in other countries.
In particular, this 7th ICNI represented proactive efforts to invite human rights organizations domestically and from abroad to work toward the resolution of conflict and realize human rights, and at each working group discussion, human rights organizations contributed to the discussion as well as scrutinized the Seoul Declaration. Thus, the conference represented the realization of true mutual cooperation among NHRI, international human rights institutions and human rights organizations.
End.
