(New York) -- Human Rights Watch today urged the United States, India, and Pakistan to include strategies to protect human rights in their bilateral meetings this week. President Bush will meet with Prime Minister Vajpayee on November 9 in Washington, and with President Musharraf on November 10 in New York.
Human Rights Watch cautioned against ill-considered changes to laws in all three countries that unnecessarily sacrifice due process and personal liberty in the name of fighting terrorism.
"There is a temptation to think that tightening controls on freedom of expression and association will enhance state capacity to resist terrorism, but we've repeatedly seen the opposite," said Sidney Jones, executive director of the Asia division of Human Rights Watch. "The best way to guarantee security is to strengthen democratic structures. Respect for human rights must be part of any strategy to address terrorism and should be on the agenda of both meetings."
India
The Indian government is on the verge of enacting the Prevention of Terrorism Ordinance (POTO), which is already temporarily in effect pending parliamentary action. The proposed legislation gives Indian police sweeping powers of arrest and detention and, if enacted, would reinstate a modified version of the notorious Terrorist and Disruptive Activities (Prevention) Act (TADA), repealed in 1995 after widespread public opposition. TADA facilitated tens of thousands of arrests, detentions, and acts of torture in violation of international law, and was used to crack down on political opponents, social activists, and human rights defenders. If enacted POTO could be put to similar misuse.
POTO has been strongly criticized by leading Indian civil rights groups, academics, lawyers, opposition parties, media organizations, and both religious and secular institutions. The country's National Human Rights Commission also maintains that existing laws are sufficient to fight the threat of terrorism.
Since the beginning of U.S.-led air strikes in Afghanistan on October 7, the Indian government has also clamped down on peaceful demonstrators protesting the strikes, labeling them "anti-national elements." On October 7, for example, six Delhi University students were arrested for distributing pamphlets while protesting against the air strikes. Organizations protesting India's backing of the U.S.-led campaign have also faced increasing harassment from the police.
Human Rights Watch urges the government of India to:
- Suspend efforts to enact POTO and to repeal the temporary law.
- Ensure that the rights to freedom of expression and assembly are respected at all times.
For more information on POTO see Human Rights Watch Press Release: India: Proposed Anti-Terror Law Should Be Rejected
Pakistan
Under amendments made to the Anti-Terrorism Act in August, law enforcement agents can take legal action against “anti-government activities” including the holding of meetings, gatherings, and strikes. Meetings are defined as “a meeting of two or more persons,whether in public or private.” Human Rights Watch is concerned that the act will continue to be used by the government to suppress political opponents and to stifle legitimate dissent and expression
A government ban on all political meetings "at public places, strikes and processions," imposed in March 2000, also remains in force. This year alone, Pakistani authorities have arrested thousands of leaders and activists from the multiparty Alliance for the Restoration of Democracy (ARD) and from other political groups.
Rather than ensuring security in Pakistan, these measures have led to an atmosphere of increasing domestic unrest by stifling moderate voices. Over the past few months, Musharraf further consolidated his power with a set of orders that enhance his control over the Pakistani government and military, including his self-appointment to the presidency of Pakistan in June. While the government maintains that it will hold elections in October 2002, the ongoing erosion of civilian structures and civil liberties undermines hopes for a successful transition to democracy.
Human Rights Watch calls on President Musharraf to:
- Revoke Section 16 of the Maintenance of Public Order Ordinance, the sedition law, and relevant provisions of the Anti-Terrorism Act that limit freedom of expression and due process.
- Take steps to reverse recent power-consolidating measures that undermine his commitment to return the country to democratic rule.
United States
Since the September 11 attacks, governmental and nongovernmental monitoring groups have received several hundred complaints of bias attacks and hate crimes against people of Middle Eastern, Arab, and South Asian descent, including Indians and Pakistanis. The attacks range from murder and violent assaults, to the vandalizing and burning of mosques, Sikh and Hindu temples, stores, and homes.
Human Rights Watch welcomes President Bush's and other government officials' statements condemning such attacks and urges the U.S. and state governments to:
- Adopt more effective measures to prevent hate crimes against persons of Middle Eastern, Arab, and South Asian descent.
U.S. law enforcement officials should:
- Provide enhanced protection for targeted individuals and groups, and their homes, places of business, and houses of worship; ensure that any reports of criminal behavior are properly investigated; and hold accountable those found responsible.
For more on hate crimes in the U.S. see Human Rights Watch Press Release: Stop Hate Crimes Now
The U.S.A. Patriot Act of 2001, signed by President Bush on October 26, gives broad, unprecedented powers to the U.S. Attorney General to certify and then detain non-citizens suspected of terrorist activities or of threatening national security. The law contains vague definitions of "terrorism" and other key terms, and fails to provide meaningful judicial review for detainees wishing to challenge their certifications and subsequent detention. The new law also includes provisions that may lead to the indefinite detention of non-citizens.
The U.S. government has also detained more than 1,100 people as part of its investigation into the September 11 attacks, but it refuses to disclose basic information about the detainees.
Human Rights Watch urges the U.S. government to:
- Ensure that accompanying rules and regulations to the U.S.A. Patriot Act clarify vague and overly broad language in the act.
- Provide information about all of those detained as part of the investigations into the attacks, including where they were or are now held, and why they remain in custody.
For more information see Human Rights Watch Press Release: Human Rights Watch Criticizes Anti-Terrorism Legislation
For more information on the war in Afghanistan and the aftermath of the September 11 attacks go to: Human Rights After
September 11
