A group of twenty five persons from India, Nepal, Sri Lanka and Bangladesh gathered at Bangalore, India from 21st to 25th of February in a workshop on Ways the Religious Groups can Promote the UN Convention against Torture. The following are some of the basic ideas that emerged out of the discussion at this workshop:
1) There is widespread practice of torture throughout the S. Asian Countries. The extent of this practice is enormous; the methods used are most brutal, barbaric and inhuman; the victims are mostly from the poorest sections of the society; the victims include women and children; rape remains quite common. Both physical and mental forms of torture are involved. In many instances deaths are caused as a result of torture.
2) All S. Asian countries are signatories to the Covenant on Civil and Political Rights ICCPR and Convention Against Torture – CAT. Some countries have ratified the convention and even signed the second protocol ICCPR. Some countries have made their own local laws in terms of the UN Convention and have made torture an offense punishable with imprisonment. However, India has not ratified the CAT despite the strong recommendation made to the Indian Government by the National Human Rights Commission.
3) It must be noted that the Right against Torture and Inhuman and Degrading Treatment or Punishment is an absolute right and no derogation under any circumstances is recognized as limiting or mitigating this principle.
4) In all S Asian countries there are remedies through courts and other institutions like National Human Rights Commissions to investigate and take appropriate action against torture. However these remedies remain mostly confined to books. While in some instances a degree of redress has been obtained, by and large the practice of torture has not been deterred due to the existence of such remedies. The actual application of such remedies depends on the will of the each State to eradicate torture. While the States verbally proclaim their allegiance to the principle of international law and constitutional provisions in their countries to eliminate these practices of torture, they are not implemented by way of proper political decisions to allocate funds and other resources for their realization. In fact the politicians in many instances collaborate with unscrupulous elements in the law enforcing agencies in continuing with the practice of torture.
5) S. Asia is known for its variety of religious traditions. All religious traditions speak of the dignity of the person and the sacredness of social relationships. These fundamental values can in no way be reconciled with the practice of torture. However the actual resistance led by the religious groups against the use of torture is negligible. Sadly, it has to be noted that all religious groups in the region which have enormous influence in the community, have failed to give the necessary inspiration and the leadership to the community to resist the widespread abuse of human dignity by way of torture and other forms of inhuman and degrading treatment or punishment.
6) However, at local levels the leaders of the religious communities such as the monks in the temples, the parish priests in christian churches, and the clergy of other religions, are constantly confronted with the victims of torture and other forms of degrading treatment or punishment who are members of their local communities. Such local religious leaders often have to intercede with the law enforcement agencies to seek protection for such victims. The persons providing such services also include clergy, nuns and lay persons involved in social action in general and human rights work in particular. These persons do come under the definition of the human right defenders within the meaning of the term now being used internationally. Often as a result of their work they too come under the wrath of persons and agencies that engage in the abuse of peoples rights. Some have had to pay with their lives in their attempts to defend the rights of others.
7) The participants of this seminar came from various organizations that are committed to defend the rights of people. They brought in variety of experiences of grass root work in which they have been engaged for many years. These include working with the Dalit groups, who are the most oppressed and neglected community in India consisting over 20 per cent of the population; persons engaged in the defense of human rights of various groups and persons in their countries; persons engaged in legal aid and human rights education; persons engaged in media trying to expose human rights abuses; persons engaged in urgent appeals and networking and persons engaged in activities related to legal reforms aimed at promoting human rights. It was their common experience that the respect for human rights in their countries still remains at very negligible levels and enormous improvements have to be made if the people are to enjoy their basic rights.
8) The recent developments in the political systems have begun to erode resulting in the loss of even the basic rights that people have enjoyed in the past. In many countries there is a clear breakdown of the rule of law. The law enforcement systems have either collapsed or are in a serious crisis. Unless due recognition is made as early as possible of the grave problems emerging in the legal and law enforcement systems, an uncontrollable situation of anarchy can emerge in many parts of South Asia. The local populations and the international community should give due consideration to these problems if catastrophic situations are to be avoided. If the religious groups do not pay attention to this situation they themselves will become victims of the resulting anarchy.
9) A further point to note is that ironically some religious groups encourage violence against the other religious or the ethnic groups. South Asia has come to be known for its internal violence and the future of S. Asia depends very much on how these problems are addressed.
10) There are many instances where the religious groups have used violence against dissidents within their own groups. The freedom of conscience is often denied on religious pretexts. These are issues that any religious group seriously reflecting on UN Convention against Torture must seriously consider.
11) One of the basic experiences of the people living in S Asian countries today is the peoples’ rapid loss of confidence in the legal system, particularly in the criminal justice system. The loss of faith is so acute that there are many instances when people seem to take the law into their own hands in resolving their problems instead of relying on the legal system. Peoples’ loss of faith is a result of their own experience of the inefficiencies of the system. It emerged form the discussions that there is a public perception to the effect that the politicians have begun to exercise a powerful influence over the law enforcement agencies. This is particularly so at the local levels where the officers in charge of law enforcement feel that they are obliged to respect the sensitivities of the local politicians while dealing with their law enforcement duties. This sense of diffidence in the independent functioning of the institutions have shattered one of the basic beliefs necessary for the functioning of a liberal democratic system. As the people withdraw from the system they have nothing but to rely on themselves. However, as the individuals feel unable to secure their own safety by themselves they do sometimes have recourse to forces outside the law. In such a context, illegal gangs begin to thrive and become a powerful force that threatens the society. As the influence of the illegal groups grow, the average citizen often have to withdraw or to change his or her way of life as well as of their families. They avoid night travel and take other precautions limiting the exercise of their freedoms in order to avoid possible threats to their lives and liberty. In some instances they even learn to possess and use arms as a last resort. The law Enforcement agencies begin to be treated as enemies rather than friends. The expectations regarding the possibility of leading a decent life recedes to the background. Seeking security becomes the primary preoccupation of people. Even though most people try to give the appearance of living normal lives and doing business as usual, they in reality live with the most abnormal state of mind and in intense atmosphere of fear.
12) These situation forces serious challenges to anyone who wants to re-establish the people’s confidence in the law enforcement agencies and the possibility of the rule of law. It is becoming imperative to effect fundamental reforms in the law enforcement agencies. Mere declarations in favor of human rights and random punishments for some errant officers in no way suffice to convince the people of the ability of the law enforcement agency to perform normally and attend to their duties.
13) This situation poses a great challenge to the community organizations including that of the religious. They too form part of the society, share the problems as others living in the society and face the same insecurity. Besides, they witness the peoples’ loss of moral values and having recourse to more primordial methods of survival. Some in the religious groups may condemn this situation as a descent of human beings into more animal forms of behavior. Whatever the high moral ground from which anyone may choose to condemn the collapse of the society and the resulting degeneration of morals, such condemnations in themselves do not help to rebuild the society and to sustain the moral values. The causes of the decay of the law enforcement agencies need to be addressed if the normal behaviour of the human beings is to be recreated. It is this challenge that the religious groups must now face. Perhaps the moment we face now may be similar to the situation that the eastern/western tradition faced during the time of Moses when the Ten Commandments were issued on a decadent society as a means of rebuilding it. In the Asian experience it has been said that at the time that Gautama Buddha preached was a period of moral decadence in the Aryan society and that Buddha tried to rebuild it on a more dynamic moral foundation.
14) What the Religious Groups can do to Promote the Convention
14.1) The Convention should be taught in all levels: the schools, universities, adult education centres, houses of religious formation and the villages.
14.2) The translations of the Convention should be made easily available in all languages
14.3) The explanations and the commentaries on the Convention together with the statement should be made available.
14.4) In all human rights meetings and publications there should be an explanation of the Convention and comments on how it is implemented.
14.5) For countries which have not ratified the Convention, and have not incorporated it into the domestic law, efforts must be made to expedite the process of ratification and implementation.
14.6) Human rights groups which are monitoring violations should specifically monitor violations under this convention. In S. Asia where there has been so many violations under this convention, the response has been quite poor. Compared to the extent of violations, the degree of reporting is poor.
14.7) Human rights groups dealing with legal aid should also pay special attention to victims of torture. More groups, including religious groups should be encouraged to provide assistance to these victims, at local levels such as the parish or village temple.
14.8) The idea of trauma rehabilitation must be introduced and supported. The victims and their families should have easy access to such treatment.
14.9) The medical profession must be sensitized to the problems related to torture. They should take special care to provide medical assistance, as well as proper medical reports which may be used at legal proceedings.
14.10) Human rights groups should make special efforts to obtain compensation for the victims; such compensation must be given speedily and must be adequate. Cumbersome legal procedures should be abandoned and easier forms of redress must be developed.
14.11) The national human rights commissions have a very special responsibility to provide redress to the victims of torture: they also should provide nationwide education against the practice of TORTURE. As the commissions have access to national media – print and electronic, they must use such media, on a regular basis to discourage and eliminate the practice of torture; and to educate the victims on seeking legal redress.
14.12) The religious groups which have their own media facilities such as newspapers, the radio or even TV time, should use such facilities to instruct people about the Convention and expose its violations.
14.13) The religious groups should also awaken the society to the problems emerging in recent times due to the collapse of the legal system, particularly the criminal justice system. They must remind the society that if the people lose faith in these institutions, very drastic consequences can follow, threatening the security of everyone. The religious groups can pay special attention to minorities who suffer most in this regard.
14.14) The modern media offers enormous possibilities of networking on this issue. Local, national, regional and international networks must be used for campaigning for this purpose. It is essential that the people gain the necessary skills in the use of such media, writing, and in communication. Special training should be given in writing through the courtesy of persons who already have such skills. The communications skills needed are sophisticated the people therefore must be encouraged to acquire them and the persons who have such skills must be encouraged to extend a helping hand.
14.15) The international rights day, 10th December be celebrated in the churches with fitting services aimed at promoting human rights and highlighting the Convention against Torture.
Recommended reading
1) Essay on Crimes and Punishment by Cesare Beccaria (Modern History Sourcebook)
2) Law : The threatened Peripheries (Chapter 2 in particular) by C.G. Weeramantry
