Declaration
of the Regional NGO Workshop
on
Democracy and Security of the People
in the Asian Region
23-25 August 2002, Nakhon Nayok, Thailand
The September 11 attacks and the subsequent declaration
by the United States of a "War on Terrorism" poses an imminent threat
to "human security". National security laws which entrenched a practice
of illegality are being extended and reinforced. We urge the peoples pf the world
to learn from the experience of Asia and join us in opposing the "War on
Terrorism" and the National Security Laws that violate human rights.
The peoples of Asia have been struggling for democracy for centuries. During the time of western colonialism and its remnants in various Asian countries, people fought protracted and long battles with great loss of life and tremendous sacrifice.
As these countries were ending the rule of the colonial powers, the people of these countries hoped for democracy, which they attempted to enshrine in their constitutions. The beginnings of democratic institutions, such as parliaments and courts, were made during these years and a hope was implanted for a democratic way of life.
A significant challenge to democracy was the economic inequalities among the peoples. There was an ambition to develop the economies, reduce inequalities and to make democracy sustainable. Thus, the basic aspiration of the peoples of Asia is for democracy and this aspiration is deeper now than ever today.
The conception of democracy shared by the peoples includes the right to food, health, education and shelter as primary needs that should be guaranteed by the state. At the same time this principle gives equal value to basic civil and political rights. This means, insisting on protection from state interference by way of illegal arrest, illegal detention, torture, denial of fair trial, and denial of freedom of expression and association.
Election of government by free and fair elections was a fundamental condition of democracy; this required peoples' participation in all areas of political and social life. Elimination of corruption and ensuring of transparency and accountability was also crucial to achieving these democratic aspirations. The security envisaged was therefore one that incorporated all these aspects of people's security integrated with a democratic way of life.
After the end of Second World War, including the Japanese occupation in many countries and the end of the Korean war, the elimination of war became an integral part of peoples' security. In the fight against colonialism, the right to self-determination became a fundamental principle. As the Asian nations consented to the Universal Declaration of Human Rights, a basic human rights frame work became the foundation of democracy and peoples' security.
The obstacles to democracy have come up from two sources. First, from sections of local elites and second,from pressures of international power blocks. Both these forces have relied on national security laws to suppress the democratic aspirations of the people. While these national security laws have their origins in colonial emergency powers and traditional autocracies, they have continued to evolve and been adapted by such local elites to perpepetuate their rule.
These so-called 'laws', have paved way for genocides, massacres, extra-judicial killings, disappearances, torture, detention without trial and shams of trials. The role of basic institutions such as an independent judiciary, prosecution and police were fundamentally undermined. Peoples' rights to food, health, education and other basic needs were greatly reduced. People were exposed to terrible insecurity.
The September 11 attacks on the World Trade Center and the Pentagon and the subsequent declaration by the United States of a global war on terrorism has created a pretext for governments to extend and intensify the use of national security laws to suppress movements for democracy and human rights.
The common features of such laws and actions include:
· arbitrary detention
without charge or trial;
· the criminalisation of communities and organisations
by labeling them terrorist;
· the undermining of due process;
· the reinforcement
of repressive practices by state authorities including torture;
· restrictions
on freedom of movement and right to asylum;
· The intensification of all forms
of racism and discrimination, including those based on gender, caste and religion,
against migrants, refugees and minorities;
· the erosion of privacy and increased
surveillance.
In short it is clear that much of what is carried out in the name of national security is in fact illegal and an abrogation of the rule of law. The principles articulated by international human rights instruments, in particular the International Covenant on Civil and Political Rights (ICCPR), are violated in the name of national security.
The reduction of security to that of government's 'national security' rather than 'peoples' security' or 'human security' underpin this process. We reject this notion of security and affirm that real security is that which ensures the promotion and realisation of all human rights - political, social, economic, and cultural - for all peoples.
In recent years we have seen peoples and movements across the world articulate the possibility and desire for such human security through the common opposition to neoliberal globalisation. The 'war on terrorism' threatens to label any form of dissent as terrorism, and is, in part, an attempt to destroy the capacity of peoples' movements to achieve security. War is the biggest violation of human rights.
With this in mind, we recognize that the current US plans to wage war on the Middle East represent a critical and fundamental threat to human security. There is a widely shared perception that the world is on the brink of war.
Therefore we call on governments and civil societies to carry out urgent protest and preventive actions against the US government until it repudiates its plans to commit a war against the people of Iraq and agrees to abide by international law.
We urge India and Pakistan in view of the nuclear threat to the region, to withdraw forthwith their forces from the border and start negotiations for peaceful resolution of all conflicts, including Kashmir.
We call for the rejection of all so-called "anti-terrorist" and national security measures taken by governments as illegal acts which violate international human rights standards. As long as the 'war on terrorism' continues it will be used by governments everywhere in the world as a justification for their illegal actions in the name of national security.
We would remind all governments that all acts of violence perpetrated by them in the name of national security or the "war on terrorism" that violate international human rights law are in fact themselves terrorist acts. We will act together to oppose such acts of state terrorism. We again affirm the universal right to self-determination and the right of peoples to self-defence of their rights, particularly in the face of tyranny and oppression. We reject the labeling as terrorists of groups resisting state terrorism.
All over Asia people are struggling for democracy through the abolishment of all national security laws that offend human rights. This forum affirms its support for that struggle.
We urge the people of the world, particularly people in Europe, North America and Japan, to learn from the Asian peoples' experience of the operation of national security laws which has catastrophically destroyed the fabric of democracy in our countries.
The participants of the forum warn that the war on terrorism threatens the very core of democratic nations. Further the participants warn that the very foundation of the United Nations and the UN instruments and mechanisms of Human Rights has already been undermined and is moving towards a collapse. In short, gains made by way of agreement of the Universal Declaration on Human Rights face a critical challenge.
September 11 and its aftermath is a critical moment for the peoples of Asia. We must seize this moment to ensure that democracy will remain and develop our continuing way of life by removing the threats and obstacles caused by the national security laws and the 'war on terrorism'.
Therefore we reiterate our calls to civil society organisations to:-
·
Take immediate actions to oppose the US 'War on Terrorism', in particular the
planned US attack on Iraq;
· Develop solidarity and cooperation amongst the
people of Asia to abolish national security laws that violate human rights;
· Continue to promote and develop human security as an alternative to militarisation
and the 'War on Terrorism'.
The Workshop
was jointly organized by:
o Asia Forum for Human Rights and Development (Forum
Asia)
o Asian Human Rights Commission (AHRC)
o Suara Rakyat Malaysia (Suaram)
o Transnational Institute (TNI)
URL: http://www.suaram.org/nsl-wo