The 564-page annual review of human rights
practices around the globe, summarizes major human rights issues in more
than 90 countries(1). The report documents ongoing human rights abuses by
states and non-state armed groups across the globe, including attacks on
civilians in conflicts in Afghanistan, Colombia, the Democratic Republic
of Congo, Georgia, Israel and the Occupied Palestinian Territories,
Somalia, Sri Lanka, and Sudan, and political repression in countries such
as Burma, China, Cuba, Iran, North Korea, Saudi Arabia, Uzbekistan, and
Zimbabwe. It also highlights violations by governments trying to curb
terrorism, including France, United Kingdom, and United States. The report
also addresses abuses against women, children, refugees, workers, gays,
lesbians, bisexuals and transgender people, among others(1).
The ‘Spoilers’ and The ‘Supporters’
An introductory commentary singles out few countries as
major offenders of human rights and groups them as "spoilers(2),’. They
include countries such as Algeria, Egypt, and Pakistan, supported by
China, Russia, India, and South Africa. The report accuses these nations
of double standards and displaying hypocrisy while addressing human right
issues. While saying they support human rights in principle, these nations
cite sovereignty to avoid scrutiny of their records. This section of the
report does not spare even the United States: "US has been unable to
respond effectively, even where it seeks to uphold human rights, because
of its recent record of abuses, mostly committed in the name of countering
terrorism, and because it has forsaken effective multilateral diplomacy in
preference for an arrogant exceptionalism."
On the other hand, Human Rights Watch commends some
governments that have bucked the trend and spoken out in support of human
rights. Those that stand out include Argentina, Chile, Costa Rica, Mexico,
and Uruguay in Latin America, and Botswana, Ghana, Liberia, and Zambia in
Africa. In Asia, Japan and South Korea tend to be sympathetic to rights
but are generally reluctant to take strong public positions. However, the
report points out that smaller and middle-sized governments do not have
sufficient clout to counter the efforts of the spoilers without help from
the major Western democracies.
Indian Perspective - The Threat From Within and Close
Quarters
The issues involved with human rights are most relevant
to our region. Of late, Indian subcontinent has come under serious threat
from a resurgent ‘Taliban’ – unarguably the world’s most serious
offender of human rights in areas of its dominance. Their declaration of
creating a new civilian order or the ‘talibanization’ of whole society
based on their own primitive philosophy and faulty interpretation of
religious sermons poses some real dangers to the existence of modern
democratic societies.
The report is quite critical of Indian performance on
human rights front. "As the world’s most populous democracy, India might
be expected to be at the forefront of global efforts to promote human
rights. In the past, India sometimes took a leadership role in defending
rights, such as by opposing apartheid in South Africa and supporting the
1988 democracy movement in Burma. However, its current foreign policy
often would make a confirmed dictator proud", the report comments. The
Indian government has failed to protect vulnerable communities including
dalits, tribal groups, and religious minorities. There are many incidents
when human rights are abused and atrocities are committed on unsuspecting
innocent civilians on the pretext of tackling terrorism and insurgency or
militancy. These episodes are more pronounced in few states like J&K,
Gujarat, Chattisgarh, Manipur and Orissa. It has also been blamed that "as
an emerging and globalizing economy, India increasingly prioritizes its
economic and strategic interests over the promotion of human rights".
Despite a scheme launched four years ago to provide
universal education, millions of children in India still have no access to
education and work long hours, many as bonded laborers. Many children
continue to be trafficked for marriage, sex work, or employment. Others
languish in substandard orphanages or detention centers.
Our record of providing speedy unbiased justice and
free access to legal defense has come under serious threat in many states.
The state governments at times resort to dacronian laws to curb rising
militancy. The trial of noted human right activist and a pediatrician, Dr
Vinayak Sen in Chhattisgarh is a lucid illustration of how governments
abuse power and violate human rights in the name of protecting their
civilians from insurgent armed groups. He was detained in May 2007 under
the Chhattisgarh Special Public Security Act and accused of having links
to the Naxalites, however, his trial could begin only in May 2008. The
state government failed to produce a chargesheet and denied him even his
basic right of defending himself.
The Shortcomings
This report does not include a chapter on every country
nor does it discuss every issue of importance. There are many serious
human rights violations that Human Rights Watch simply lacks the capacity
to address. This report along with UN bodies such as the Security Council,
the Human Rights Council, and related organizations do serve the purpose
of bringing human right abuses to the fore. However, these are ‘toothless’
organizations when it comes to investigating and providing fair justice to
the ‘sufferer’. Their efforts, by and large, are mere academic exercises
of citational value.
The Way Out!
The successful defense of human rights will require
serious self-examination and a willingness on the part of the world’s
democracies to change course. The report suggests the following
initiatives for reclaiming of human rights: (i) Advocacy by
example: governments hoping to defend human rights elsewhere must
commit themselves to respect those rights in their own conduct; (ii)
Action: offenders must be held to account; (iii) Get
together: build a broad global coalition in support of human rights;
and (iv) Redefining the role of USA: the new US
administration must abandon its predecessor’s policy of hyper-sovereignity.
In addition, efforts should be made to promote human rights consistently
without favoritism for allies, and to reach out to potential new allies
with an openness to addressing their human rights concerns. None of this
is impossible.
