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Ankara – Paris, 23 September 2003
The 3 days-regional seminar held by the FIDH
in partnership with the Human Rights Association of Turkey (IHD)
and in collaboration with the Human Rights Foundation of Turkey
(TIHV) was concluded by the adoption of the Ankara declaration
in which participants denounce the use, in the post 11 September
2001 era, of the “war against terrorism” as a pretext
for states to infrige upon human rights.
Participants noted that the lack of a universally
accepted definition of “terrorism” and broad definitions
at the regional and national levels enable states to criminalize
the legitimate exercise of internationally recognized rights,
such as freedoms of expression, association, peaceful assembly,
right of access to information and the right to take part in
public affairs.
They recalled the principle of self-determination
as recognized under international law. As they were meeting
in Ankara, they expressed particular and deep concern at the
ongoing violations of the fundamental rights of the Kurdish
population. The participants stressed that full realization
of human rights can only be achieved through the establishment
and strengthening of a democratic society.
Since the September, 11, 2001, participants reported
a deterioration of the human rights situation in the region:
Subjects of concern included:
The increase of the harassment and attacks against human rights
defenders in Turkey and in the whole region;
targeting of vulnerable groups, including civilians in occupied
territories, migrants, refugees, asylum-seekers, and members
of minorities in the region;
increasing use and acceptance of torture and other cruel, inhuman
and degrading treatment or punishment;
increasing state practice of expelling, returning and extraditing
persons in violation of the prohibition of torture or other
cruel, inhumane or degrading treatment or punishment;
increasing use of administrative and arbitrary detention in
the region, and in other parts of the world, such as in Guantanamo
Bay: Participants were extremely concerned about enforced disappearances.
increased resort to the use of exceptional jurisdictions in
civilian courts and the establishment or the use of military
courts for the prosecution of terrorism related cases, in disregard
of international standards on the right to a fair trial and
due process of law. use and extension of state of emergency
laws in some countries in the region resulting in undue restrictions
on human rights.
The participants urge States of the region:
To comply with their international obligations in the field
of human rights, humanitarian and refugee law while countering
terrorist activities,
To fight against impunity by taking all necessary measures to
hold accountable perpetrators, including their accomplices,
of violations of international human rights and humanitarian
law
To accede to the Statute of the International Criminal Court,
in order to repress and deter genocide, crimes against humanity
and war crimes and adopt ICC implementing legislations at the
domestic level.
To lift state of emergency laws where such laws fail to comply
with international human rights standards for derogation
To abolish exceptional jurisdictions in civilian courts and
the use of military courts for the trial of civilians.
To close secret detention centers;
To abolish the death penalty;
Participants urge States member of the Arab League
to:
redraft the Arab Charter on Human Rights, in collaboration with
civil society and with the assistance of the office of the UN
High Commissioner for Human Rights, in order to meet international
human rights standards;
Ensure that the revised Charter incorporates effective reporting
and monitoring mechanisms. These mechanisms should immediately
conduct a review of counter-terrorist measures adopted in member
states;
To amend the Arab Convention on the Suppression of Terrorism
so it complies with international human rights standards.
Participants call on the African Commission on
Human and Peoples’ Rights and the Council of Europe in
fulfilling their respective mandates to pay particular attention
to states’ compliance with relevant human rights treaties
in their adoption of counter-terrorist measures.
Participants call for the immediate establishment
of a universal and general mechanism to monitor anti-terrorist
measures and practices adopted by states to analyze and assess
their compatibility with relevant international human right
instruments and international law.
At this occasion, the FIDH launched a regional
campaign for the ratification and implementation of the International
Criminal Court in the Eastern and Southern Mediterranean countries. |
