PUCL Editorial: A Requiem to Human Rights! Time to reimagine Human Rights?
Dec 01, 2024By PUCL Bulletin Editorial Board
Even as the global human rights community gathers to commemorate the 76th anniversary of the passing of the Universal Declaration of Human Rights (UDHR) on 10th December, 2024, a harsh reality stares at us – how relevant is the UDHR and the much trumpeted `rules-based international order’ today?
For over a year since 7th October, 2023, people across the world have been horrified eye-witnesses as it were, to horrific, relentless bombing of Gaza by Israel, killing over 45,000 innocent Palestinian children, women, elderly and others. Despite an interim finding by the International Court of Justice (ICJ) that the Israelis have potentially committed plausible genocide and the call by numerous countries across the world to have a ceasefire, a belligerent and rogue Israel, has not just been indifferent, but continued to rain thousands of high intensity bombs in Gaza, with the open support of the US and European countries, which continue to arm it, leading to an ethnic cleansing of Gaza and possibly of the West Bank too. Not content with indiscriminate killing of civilians in Gaza, Israel has widened its belligerent attacks on to Lebanon, Yemen and Iran too. Veritably the `cabal of evil’ – comprising Israel and its prime backer, the US, have literally `thumbed their noses’ at world opinion as expressed in the General Assembly by using it’s veto powers in the UN Security Council to thwart any move to sanction Israel.
The 3-year long war in Ukraine has claimed tens of thousands of civilian lives with possibly over a million soldiers killed on both sides. Again, the global community is divided and the global legal order is unable to enforce any authority to bring a cessation of hostilities.
The future of human rights is literally at stake, buffeted as it is by conflicts globally as well as nationally. The return of Donald Trump as the President of the United States has further imperilled human rights globally.
In fact even though Israel stands accused by UN institutions of committing genocide in Gaza which international law sees as the ‘crime of crimes’, the complete sabotage of the rules based international order, is actually being committed by President Joe Biden who is complicit in the genocide of Gaza through the Administration’s arms transfers and financial support to Israel.
What is outrageous is that the United Nations has also been targeted by Israel, with the cutting off of access to UN organisations such as UNRWA to the West Bank and Gaza. The attack on the United Nations by a member state has occurred with full impunity with Israel even prohibiting the UN Secretary General from entering its territory, without the US or other Western nations condemning or opposing the move!
The UN Special Rapporteur on the ‘Situation of human rights in the Palestinian territories occupied since 1967’, Francesca Albanese has in her report titled, ‘Genocide as colonial erasure’, highlighted the extensive mass killings, eradication of family lines, large-scale targeting of children and torture, the occupied Palestinian territory is being intentionally rendered unliveable – one home, school, church, mosque, hospital, neighbourhood, community, at a time. Spreading from Gaza to the West Bank, calculated destruction reveals a deliberate campaign of connected incidents, which must be considered cumulatively.’
The destruction has been variously described as ‘domicide, urbicide, scholasticide, medicide, cultural genocide and ecocide.’ The overwhelming nature of the destruction has meant that the connection people have to their places of memory, be it schools, churches, parks, houses has been obliterated. The communal bonds which make up society has been destroyed both through killings and forced displacement. The fabric of Gazan society has been shredded and ‘reserves of resilience depleted.’ This has lead to “the destruction of the spirit, of the will to live, and of life itself”.
Even though various arms of the United Nations have been unequivocal in their condemnation of the Israeli actions, including the UN Special Rapporteurs, General Assembly and the International Court of Justice, Israel continues to perpetrate a ‘live-streamed settler-colonial genocide’, unhindered.
The danger of allowing a state to function in complete violation of rules of international law are very grave. As the ICC Prosecutor has warned, “if we do not demonstrate our willingness to apply the law equally, if it is seen as applied selectively, we will be creating the conditions of its complete collapse. This is the true risk we face at this perilous moment.”
Thirteen months after the war began the International Criminal Court has finally issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant as well as Hamas’s military chief Mohammed Deif on charges of committing war crimes and crimes against humanity.
The ICC indictment states that the reasons for the warrant are that it considers that, ‘that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity, from at least 8 October 2023 to 20 May 2024.’ There are also ‘reasonable grounds to believe that the lack of food, water, electricity and fuel, and specific medical supplies, created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, which resulted in the death of civilians, including children due to malnutrition and dehydration.’
The arrest warrants issued against the Israeli leaders is significant because it means that if Netanyahu or Gallant step into the borders of the 123 countries which have ratified the Rome Statute, they are obliged to be arrested and handed over for trial at the Hague.
However the decision to arrest is both a legal and a political decision and in this context the fact that the European Union, Canada and Turkey have said that they will abide by the ruling of the Court is of significance in the fight against impunity. However the United States has shown a troubling sense of double standards, as even as it completely approves the arrest warrant against Putin, it ‘fundamentally rejects the Court’s decision to issue arrest warrants for senior Israeli officials.’
Impunity in the global realm in the context of violent conflict is mirrored by impunity within India in the context of rights violations during conflict in Manipur, Bastar and Kashmir.
For more than 18 months, the violence in Manipur has continued, and clashes between the Meitei and Kuki communities have claimed the lives of more than 220 people. More than 60,000 people have been displaced from their homes, as the state enabled the complete segregation of Meitei and Kuki areas, separated by “buffer zones”. While few have been able to move to other cities in India, most have been forced into relief camps, with uncertain futures and their fundamental rights to food, water, education and livelihood completely or partially deprived.
Both Meitei and Kuki survivors of the violence hold the Biren Singh-led administration wholly responsible for the endless conflict in the state. While some have traced the cause of the violence to the High Court order of March 27, 2023 directing the State government to consider including Meiteis in the Scheduled Tribes list, other research as well as statements from community members indicate a much more complex context which preceded the violence – including state-led eviction drives of Kuki villages, newly formed vigilante groups like the Arambai Tenggol and Meitei Leepun, and fake news and hate narratives against the Kukis accusing them of being “illegal immigrants” and “poppy cultivators”.
The violence began on May 3, 2023 leading to an apartheid like situation, with the complete segregation of the hill areas (dominated by tribal population) and the valley areas (urban and Meitei dominated). The State government had visibly participated in building a hate narrative for more than two years before 2023, polarising the Kukis and Meiteis and inciting hatred against the Kukis. After the violence began, several media reports as well as fact-finding reports have revealed that there was a complete breakdown of rule of law and deliberate inaction from security forces. There have been several reports that also alleged their partisan role with Meitei vigilante groups, especially the Manipur police.
None of the Meitei or Kuki victims have received justice for the displacement, violence and other gruesome ordeals they have been put through; militants from both communities however continue to engage in armed conflict. The State and Central governments have failed to take any action to restore law and order, promote harmony and peace or uphold the people’s fundamental rights to a life with dignity. If there is a situation of the complete breakdown of constitutional machinery with the utter failure of the state to protect the most basic right, namely the right to life, it is in Manipur.
Kashmir presents a situation where inspite of the government claims, the peace is literally the peace of the grave. As Human Rights Watch observed, ‘the Indian government has not restored freedom of speech and association to Jammu and Kashmir five years after revoking the region’s special autonomous status on August 5, 2019 and ‘Kashmiris are unable to exercise their right to free expression, association, and peaceful assembly because they fear they will be arrested, thrown in prison without trial for months, even years.’ Civil society in Kashmir has been obliterated with long standing human rights activists like Khurram Parvez and journalists like Irfan Mehraj still in jail under the UAPA. Though elections have been held in Kashmir, it is still a union territory post the abrogation of statehood in 2019, with significant powers of administration vesting with the Centre.
Chhattisgarh presents a picture of escalating violations by security forces in Chhattisgarh against local communities and human rights defenders which has been brought to light by the Citizens’ Report on Security and Insecurity, 2024. What we have seen is the securitization of Bastar with 250 security camps being established since 2019. There are camps roughly at a distance of every 2 – 5 km, turning Bastar into one vast cantonment. This also means that Bastar is one of the most militarized regions of the country with one security person to every nine civilians.
The protests in Chhattisgarh have been against this securitization with local communities strongly objecting to this takeover of common land by the security forces. The demand of the local communities is a constitutional demand, that they have the right to be consulted on anything that affects them, as guaranteed under the fifth Schedule of the Constitution. These demands are being put forward by peaceful, youth-led movements under the banner of the Moolvasi Bachao Manch (South Bastar), and various movements in North Bastar such as the Bastar Jan Sangharsh Samanvay Samiti. The response of the state to these peaceful protests has been heavy handed, with protesters being framed as Maoists with as per official figures, 6,804 arrests have been made in Bastar region from 2011 to 2022. Also shockingly, Chhattisgarh police claim to have killed 163 Maoists in nearly 40 encounters, higher than any annual tally seen in the past, barring 2009. Ten were killed as this edition is going to the print on 23 November, 2024.
The grave deterioration in the human rights situation in Chhattisgarh and the ensuring resistance, has unfortunately not had the media coverage of other struggles be it the year-long farmers’ protest, citizenship protests, or protests for reservations.
Human rights struggles will have to continue to fight impunity in the context of violent conflict. Israel must be held accountable for the genocide against the people of Palestine.
The Indian state must be held accountable for the ethnic cleansing and apartheid like situation in Manipur as well as the continuing crimes of militarization of administration/ land grab as well as arbitrary arrests and encounter killings in both Kashmir and Chhattisgarh.
Who is going to bell the cat, is the key challenge.
PUCL, and other human rights organizations, emerged from the movements and struggles of civil society demanding political accountability and justice from a lawless state. It is the same civil society which will have to stand up once again and rally to breathe new life into human rights.