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.