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NHRIs
and Economic, Social and Cultural Rights in conflict situations
The
7th International Conference of the National Human Rights
Institutions (NHRIs) to be held from 11-17 September in Seoul will
focus on “Upholding Human Rights during Conflict
and while Countering Terrorism”. In the post September 11th
period, many facets of conflicts and terrorism have sharply come
into focus. As the rights based approaches to development gradually
come into practice, the role of the NHRIs for ensuring the enjoyment
of economic, social and cultural rights in conflict situations becomes
crucial.
Conflict
always negatively impacted upon enjoyment of economic, social and
cultural rights. The populations living in armed conflict situations
directly feel the social and economic impact of the war. The effects
of the conflicts have far reaching economic, social, and psychological
repercussions that extend beyond the theatre of battle. As the costs
of the conflict are very high, people living outside the conflict
zones too are affected.
In
addition to violations of the right to life, some of the effects
of the conflict include damage to infrastructure and homes, displacement,
restricted mobility in some areas in the country, disruption of
local economies, disruption of community and institutional networks,
disruption of right to education, high dependence on relief, deterioration
in the health status of the population, and widespread vulnerability
and insecurity among the population. Poverty, healthcare, education
and economic conditions are far worse in areas afflicted by war
than in other parts of the country.
Decades
of armed conflicts in Asia whether in Bangladesh, Indonesia, India,
Myanmar, Philippines, Thailand or Sri Lanka have made many regions
and people impoverished. While there may be possibilities to seek
recourse to national mechanisms in exceptional cases of violations
of civil and political rights, there are little or no mechanisms
against violations of economic, social and cultural rights. International
humanitarian agencies are shunned on "national security grounds".
1.
The right to education:
Availability
and accessibility:
The
use of schools and colleges by the security forces across the conflict
regions is well documented. Whenever villages are burnt and people
are displaced, the displaced persons are usually given shelter in
educational institutions leading to the deprivation of the students
of their normal schooling and their right to education. The National
Human Rights Institutions can intervene to ensure that educational
institutions are not used for military purposes both by the security
forces and the armed opposition groups.
The United Nations, World Bank and Asian Development Bank after a
needs assessment study in the North and Eastern parts of Sri Lanka
in May 2003 reported that prior to the cease-fire between the LTTE
and the Sri Lankan army over
74 schools in the northeastern Sri Lanaka were occupied by the security
forces up to 10 June 2002. A further 160 schools, including 130
primary schools were unable to function because they were either
near military installations or within security zones. Non-availability
of teachers is a phenomenon associated with schools in armed conflict
situations.
In the conflict ridden West Papua and Aceh
of Indonesia, schools were the specific targets. As many as 507
schools were set on fire in ten districts of Banda Aceh during 19
May to 17 June 2003, resulting in the denial of education to 70,000
students. The Indonesian Army, TNI and Free Aceh Movement blamed
each other. Schools and teachers were the targets of violence.
The Maoists of Nepal have targeted the students
for indoctrination.
Acceptability
and Adaptability
Schools
- government run as well as Ponohs, Islamic schools - have
been the targets of the conflicts in Southern Thailand.
Following the January 2004 attacks in Southern Thailand,
the Thai authorities launched a witch-hunt against the Ponohs,
which are held responsible for growing fundamentalism. In the post
September 11th period, Islamic educational institutions
have been blacklisted across the world.
On 12 January 2004, about 50 Thai police raided Iftida Witthaya
School, a private Islamic school in Narathiwat's Rueso district.
After a two-hour search they left empty-handed. Intrusions into
educational institutes violate the cultural space so dear to the
minorities.
2.
The right to health
The
right to health is often affected by measures, which violate international
humanitarian laws. On 30 November 2001, the Health Ministry of the
government of Nepal in a statement ordered the doctors, hospitals
and nursing homes to take permission or inform of the treatment
of the wounded if they come to the clinics or hospitals. On 15 July
2002, 10 persons were arrested under POTA in Warangal district of
Andhra Pradesh for extending support to the banned Peoples War Group
(PWG). Those arrested included a doctor who had allegedly treated
an injured member of the PWG and was charged with supporting and
extending cooperation to terrorists.
In conflict situations, many suffer from
Post Stress Traumatic Disorder. At the start of the insurgency in
Jammu and Kashmir, the government run Psychiatric Hospital in Srinagar received not more than 30 patients a day. By July 2003, the number of patients
went upto 200 per day. Conflicts also result in growing number of
physically disabled and mentally ill persons.
In
addition, there are restrictions on medicines. Prior to the signing
of the ongoing cease-fire between the Liberation Tigers of Tamil
Eelam and the Sri Lankan government, the Tamil-dominated areas in
the north and east were consistently denied access to necessary
medical and food supplies. All shipments to the region required
prior approval by the Defence Ministry. Even shipment with the required
Defence Ministry authorisations were often denied access to the
region by the military command on the ground. Among the Sri Lankan government’s long list
of prohibited medical supplies to the north and east regions were
intravenous liquid supplies, bandages and certain drugs.
Nepal’s
security forces also impose similar embargo on the medical supplies.
3.
The right to food
As the victims are uprooted due to conflicts, the government has
the duty to provide basic humanitarian services including food or
allow international humanitarian agencies to provide assistance.
There are over 500,000 conflict-induced Internally
Displaced Persons primarily in India's northeastern
States of Assam, Tripura, Manipur, Arunachal Pradesh and Mizoram,
and in the northern state of Jammu and Kashmir. While internally
displaced Kashmiri pandits are provided cash relief of Rs.600/-
per head per month subject to a maximum of Rs. 2400/- per month
per family, the Reang IDPs are provided Rs 2.67 i.e. Rs 80 per month
per adult. The discrimination is clear; and NHRIs can intervene
in such cases.
In
order to prevent food from falling into the hands of Maoists, Nepalese security
forces often impose blockade on food items. They allow only small
quotas of food on a weekly basis. The banned items include batteries,
canvas shoes, cooking oil, instant noodles etc. The food blockade
always hit the innocent civilians more than the Maoists who often
force the villagers to provide food and shelter.
The Maoists
also impose similar economic blockade. They imposed economic blockade
on Kathmandu valley from 18 to 25 August 2004. In mid November 2003,
the Maoists imposed economic blockade on Diktel, headquarters of Khotang district.
It had adverse impact on the residents as they were deprived of
selling their agro-produce in exchange for other necessities such
as salt, kerosene, cooking oil and sundry goods.
Prices of essential commodities had soared
4.
The right to adequate housing and forced evictions
The
willful and avoidable destruction of houses in armed conflict situations
is documented. In late July 2004, a number of houses were razed
to ground in Lollaab, Handwara and Pattan of Jammu and Kashmir. The burning down of villages and schools across Aceh following
the breakdown of talks between the Free Aceh Movement and the Indonesian
government in May 2003 and subsequent declaration of martial law
led to the displacement of over 100,000 persons. The displacements
were caused by systematic relocation of the civilian population,
the outright destruction of housing, and flight from military harassment.
Since mid-2000, a total of 5,200 civilian houses have been demolished
and a further 3,500 civilian houses burnt in the conflict in Aceh.
The
NHRIs are not expected to either perform the role of the
humanitarian agencies or replace the edifice of the state
structure to ensure realisation of economic, social and cultural
rights. However, they have a critical role to play for monitoring
implementation of the principles of equality and non-discrimination
with regard to the enjoyment of economic, social and cultural
rights in the conflict situations. As most NHRIs in the Asia-Pacific
region do not have jurisdictions over the armed forces/military,
the key perpetrators of violations of economic, social and cultural
rights, the role of the NHRIs requires serious consideration.
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