ai-index ACT 30/027/2001 04/10/2001
The world is still reeling from the shock of seeing thousands
of
people lose their lives in the devastating attacks in the USA
on
11 September. The victims came from many countries and from
all
walks of life. The immediacy of the tragedy horrified, moved
and
angered people all over the world.
Amnesty International condemns unreservedly
the attacks. It
expresses solidarity with the victims and calls in the strongest
terms for those responsible to be brought to justice. It
argues
that the response to these crimes must be conducted
in strict
conformity with international human rights standards.
At this time of widespread
outrage and fear, Amnesty
International has another role -- to try to stop the attacks
in
the USA being used as a pretext for further
abuses of human
rights.
Already there is a backlash. In many parts of the world
people
have suffered racist attacks because of their appearance
and/or
their religion. In the name
of fighting "international
terrorism", governments have rushed to introduce draconian
new
measures that threaten the human rights of their own
citizens,
immigrants and refugees.
There is also the danger that while the attacks in the USA
and
the prospects of a future military response dominate the
news,
other serious human rights concerns are ignored,
obscured or
pushed to the bottom of the international agenda. It is precisely
in these circumstances that Amnesty International speaks up
for
the forgotten victims, the unpopular causes, the human rights
of
all.
Threats to human rights
Amnesty International has concerns in many parts of
the world
about legislative, procedural and other initiatives
that are
being justified as part of the fight
against "international
terrorism". Governments have a responsibility
to ensure the
safety of their citizens, but measures taken must not undermine
fundamental human rights standards. It appears that some of
the
initiatives currently being discussed or implemented may be used
to curb basic human rights and to suppress internal opposition.
Some of the definitions of "terrorism" under discussion
are so
broad that they could be used to criminalize anyone out of favour
with those in power and criminalize legitimate peaceful exercise
of the right to freedom of expression and association. They could
also put at risk the right to privacy and threaten the rights
of
minorities and asylum-seekers.
In the USA the government has already proposed a major expansion
of its power to detain immigrants, a move that could erode basic
constitutional freedoms. Proposals include
authorizing the
authorities to detain indefinitely and
deport immigrants,
including legal immigrants, without presenting evidence
against
them or allowing them meaningful challenge of the
legality of
their detention. Proposed anti-terrorism legislation, which
has
drawn opposition in Congress, defines
"terrorism" extremely
broadly, making a range of non-violent activities of association
deportable offences. In other words, it introduces
guilt by
association. Other ideas being considered by the US authorities
include ending the ban on CIA participation in
assassinations
outside the USA, which could amount
to an endorsement of
extrajudicial executions, and relaxing controls on
recruiting
sources or informants with records of human rights abuses.
Laws that threaten to curb civil liberties and possibly
reduce
safeguards against abuses of human rights have been rushed to the
top of the agenda by politicians in Europe and elsewhere. On
25
September UN High Commissioner for Human Rights Mary
Robinson
said that the results of the meeting
the previous week of
European Justice and Home Affairs Ministers
could signal a
further erosion of certain liberties on
the continent. The
European Union (EU) is debating measures that would
facilitate
the transfer of people suspected of criminal offences from one EU
member state to another by replacing extradition proceedings with
a European arrest warrant. This may reduce judicial supervision
of arrest and the procedures of surrendering detainees to another
country. There are also definitions of
"terrorism" under
consideration by the EU that might lead
to vaguely worded
criminal offences, particularly in relation to the
notion of
"supporting a terrorist group."
In Russia the Justice Minister proposed amendments to
national
laws in order to strengthen the "fight against terrorism". These
amendments would include the right of law enforcement authorities
to detain people suspected of having links with terrorists
and
organized crime for up to 30 days without charge
and without
access to a lawyer.
All over the world, governments are debating or imposing measures
to clamp down on illegal immigrants,
threatening abuses of
desperate people and undermining the rights of asylum-seekers.
Such initiatives are under discussion in the EU, where proposals
would raise further obstacles to prevent asylum-seekers
gaining
access to EU territory. Mary Robinson stated recently that
the
consequence could be a "harsher climate and context for refugees
and asylum-seekers -- in other words, potentially
a further
hardening of the fortress Europe mentality, this time in the name
of terrorism."
The UK government is introducing new
immigration controls.
According to press reports in late September
the government
announced that it was considering giving the courts
powers to
detain indefinitely "terrorist" suspects who arrive from
abroad
until they can be repatriated or sent to another country. It also
stated that it was considering changing legislation in order that
people suspected of being a "terrorist"
would no longer
automatically have their asylum applications considered.
Millions of Afghans have fled their country seeking
safety in
recent years, including at least 3.5 million who
are now in
Pakistan and Iran. A further 1.1 million
Afghans have been
internally displaced owing to drought, armed conflict and
food
shortages.
The fear of imminent attack on Afghanistan has accelerated
the
mass movement of Afghans towards borders, and involved
tens of
thousands of people in September alone. Iran and Pakistan closed
their borders making it difficult for terrified people
to find
sanctuary. Amnesty International called on all the neighbouring
states to fulfil their international obligations towards refugees
by opening their borders, and called
on the international
community to share the costs and responsibility of hosting Afghan
refugees.
Neighbouring states have obligations under international law,
in
particular the principle of non-refoulement,
which prohibits
states from returning anyone against their will,
directly or
indirectly, to another country where they risk
serious human
rights abuses. The international community must offer protection
and relief immediately to the Afghan
refugees and provide
adequate resources to the UNHCR for it to carry out effectively
its mandate.
Amnesty International is also concerned that some governments may
use the campaign against "international terrorism" to
increase
suppression of their opponents. The day after the attacks in
the
USA, Israeli soldiers and tanks entered Jenin, an area under
the
control of the Palestine Authority. They killed more than a dozen
Palestinians, including a 14-year-old girl, Balgis Arda, who died
in the shelling, a woman, Raja Freihat, and her cousin who tried
to rescue her. The Minister of Defence Benjamin Ben Eliezar told
the Israeli newspaper Yediot Ahronot: "It is a fact that we have
killed 14 Palestinians in Jenin, Qabatiyeh and Tammum with
the
world remaining absolutely silent. It's a disaster for Arafat."
On 24 September the Israeli authorities declared a large strip of
land beside the border of Israel
a closed military area,
forbidding Palestinians outside the area from entering it. The UN
Secretary-General expressed his concern at what
he called a
"unilateral and provocative act".
In the Russian Federation there was increasing talk by those
in
positions of power or influence of using the
worldwide "war
against terrorism" to solve the Chechen
question. Several
government officials have drawn a close link between Usama
Bin
Laden's organization and the Chechen fighters,
stating that
Chechens had been trained by Usama Bin Laden.
Following the
events on 11 September, Russia increased pressure on Georgia
to
extradite Chechen fighters. Amnesty International fears a further
escalation of human rights violations in the region.
Amnesty International also fears that in countries where there is
an Islamic opposition movement, the government
may increase
suppression of such opposition under the banner of joining
the
international campaign against "terrorism".
In China, for example, the authorities may use the events in the
USA to further increase their harsh suppression of Muslim ethnic
groups accused of being "separatists", "terrorists" or "religious
extremists" in the Xinjiang Uighur Autonomous
Region in the
northwest of the country. All official statements in China so far
have emphasized the need to combat "all"
or "any type" of
"terrorist" activity rather than just "international terrorism",
but the authorities make little distinction between "separatist"
and "terrorist" activities. Such a climate
and response may
aggravate the already dismal human rights situation in the region
and lead to an increase in the widespread human rights violations
targeted particularly at the predominantly Muslim ethnic Uighurs.
There may also possibly be renewed government
action against
suspected "separatists" in Tibet.
In Turkey, suspected members of the armed
opposition group
Hizbullah (not the organization based in Lebanon) have
recently
been detained arbitrarily and tortured. There are fears that such
abuses will increase in the current
climate. The Turkish
government also appeared to alter course in
relation to the
ongoing review of the 1982 Constitution, which was initiated
as
part of the effort aimed at meeting criteria for EU membership.
The review had previously aimed at removing or altering articles
that facilitated human rights violations. On 19 September
the
Prime Minister said that the constitutional amendments would
now
aim to "eradicate terrorism".
In Pakistan, the crisis has led to increased tension between the
government and Islamist opposition, some with
links to the
Taleban. On 21 September two people were shot dead in Karachi
as
police broke up several rallies in support of the Taleban.
There is also concern that the Uzbek government
may use the
current climate as an opportunity to increase its suppression
of
any manifestation of perceived Islamic opposition with
greater
impunity. Thousands of alleged supporters of
banned Islamic
opposition parties or movements, including
members of their
families, have been detained or sentenced to
long terms of
imprisonment in Uzbekistan in recent years.
There have been
consistent allegations of widespread and systematic torture
and
ill-treatment.
There are several other human rights issues that may be obscured
in the current climate. In many countries Muslims and people
of
Middle Eastern origin have been detained on suspicion of
links
with Usama Bin Laden's al-Qaeda network. Amnesty International is
concerned that the rights of such people
may not be fully
respected. In several countries in the Americas,
for example,
including Argentina, Brazil, the Dominican
Republic, Mexico,
Paraguay, Peru and Uruguay, people have been detained or suspects
are being sought on suspicion of links with Usama Bin Laden.
It
is feared that some may be victims of arbitrary detention
and
ill-treatment.
In addition, Amnesty International has fears that in the attempt
to build an international coalition
against "terrorism",
proposals are being considered to increase military transfers
to
countries with a poor human rights record that might have serious
consequences for human rights. There is also the
danger that
governments will ignore human rights violations by
their new
"allies" in the coalition, and that other human rights crises
or
concerns will slip way down the agenda of
the international
community and the world's media.
Amnesty International remains concerned about the continuing and
gross human rights abuses suffered by people in Afghanistan
--
concerns it has been raising with vigour for many years. In
the
areas controlled by the Taleban -- at least 90 per cent
of the
country -- Afghans have suffered extreme restrictions on
their
most basic civil rights, such as the
right to freedom of
expression and religion. Thousands of
civilians have been
massacred by Taleban forces, thousands have suffered
arbitrary
detention, and countless numbers have suffered torture,
cruel,
inhuman or degrading punishments, and the death penalty.
In the areas controlled by opposition forces -- now known as the
Northern Alliance -- Afghans have also suffered widespread human
rights abuses. These include massacres of prisoners
of war,
unfair trials, torture and executions.
Amnesty International fears that many people inside Afghanistan
are suffering additionally as a result of the backlash from
the
attacks in the USA. Among those most vulnerable are
civilians
living in areas at the centre of renewed fighting between forces
of the Northern Alliance and the Taleban, and non-Pushtuns living
in Taleban-controlled areas, who may be seen as sympathetic
to
the Northern Alliance.
Racist attacks
Soon after the 11 September attacks, graffiti appeared on a wall
near a mosque in South Shields, the UK. Painted in red
letters
two metres high were the words, "Avenge USA - kill a Muslim now".
It is a terrible irony that within weeks
of the UN World
Conference against Racism, Xenophobia and Related Intolerance
in
Durban, South Africa, many communities around
the world are
facing a dramatic increase in racist abuse. This is despite
the
many calls by intergovernmental organizations as well as leading
politicians in the USA, Europe and other regions for
religious
tolerance and against racist acts of vengeance.
In the USA there was a wave of compassion for the victims of the
attack, with many people rushing to help, some at the
cost of
their lives. But the horror and fear triggered by the attack also
unleashed a wave of bigotry across the
country targeted at
Muslims, Asians and those of Middle Eastern
appearance. Such
sentiments were fuelled by radio stations falsely reporting that
Muslims in the USA were celebrating the attack.
The Council on American-Islamic Relations received
reports of
more than 540 attacks on Arab-Americans in the week following the
hijackings, ranging from verbal abuse to physical assaults, many
directed at school children. In the same period more
than 200
Sikhs were victims of some kind of racist abuse. Two weeks after
the attacks, the FBI had formally opened investigations
into
about 90 hate crimes, and local
and state agencies were
investigating hundreds of other incidents of assaults, harassment
and threats.
Dozens of mosques and Hindu temples have been
firebombed or
vandalized. The Islamic Center of Irving, for example, a
mosque
in Texas, had its windows shattered by gunshots. A bag of
pig's
blood was reportedly left on the doorstep of a mosque
in San
Francisco. Many schools and colleges have been forced to
close
because of death threats, bomb threats and fears for the
safety
of students. Shops have been pillaged for racist reasons.
A few victims have died as a result of
alleged hate crimes
sparked by the 11 September attacks. An Egyptian-born shopkeeper,
a Christian, was shot dead in Los Angeles. A Sikh petrol station
owner was shot and killed in Arizona. A Pakistani man was killed
in Dallas. A Yemeni-American was shot dead in
Detroit. Other
victims have sustained horrific injuries. A 20-year-old student,
for example, was stabbed three times in Boston
by assailants
yelling anti-Arab abuse. A Sudanese refugee reportedly
survived
an attempted stabbing in an Atlanta street when another
refugee
came to his aid.
Hundreds of people have suffered death
threats and racist
intimidation. In Pennsylvania the chairman of the Islamic Supreme
Council of America was threatened by motorists and then
stopped
by police because of his appearance. He was returning
from a
national memorial service for the victims of the
11 September
attacks and had been advised by the FBI not to fly. A woman
in
Los Angeles was threatened with a gun in her
face. An Arab-
American shop-owner was pepper-sprayed. In Laramie, Wyoming,
a
woman and her children were chased from a supermarket by
angry
shoppers screaming at her to go back to her country. There
have
also been several examples of local communities taking action
to
show their solidarity with their Muslim neighbours.
Racist attacks have not been restricted to the USA. In
Canada,
Mosques were attacked.
In Australia, a school bus carrying Muslim children in Brisbane
was pelted with stones and bottles. Mosques were firebombed
and
at least one burned down. A Lebanese church was vandalized.
In India there are reports of informal talks at the level of the
Home Ministry and the Law Ministry
about the possible
promulgation of an ordinance to deal with terrorist crimes.
As
the Parliament is presently not in session and the ordinance
is
considered by the government to be urgently needed, it would
be
promulgated by the President without
prior discussion in
Parliament. It is hoped that the new ordinance
will contain
sufficient guarantees regarding arrest, detention and fair trial
and will be in line with international human rights standards.
An Islamic organization, the Student Islamic Movement of
India
(SIMI), was banned on 27 September and hundreds of its militants
were arrested all over the country. It is unofficially
reported
that the organization was banned for its links with
Pakistan's
Inter Services Intelligence, but the grounds for the ban have not
yet been made public.The arrests of
SIMI activists were
accompanied by violence in the city of Lucknow on the same
day,
where five people were killed by police during a riot.
Muslims and members of ethnic minorities suffered racist attacks
in the UK, particularly in London, the Midlands and Scotland.
An
Afghan taxi driver in London was left paralysed from
the neck
down after being dragged from his taxi and beaten by three
men.
An Asian woman in Swindon was beaten with a baseball bat by
two
men. A 20-year-old Bangladeshi man's jaw was broken by a group of
youths in Tyne and Wear. Mosques were vandalized
in London,
Manchester, Oldham, Southend, Glasgow and Belfast. The level
of
intimidation against Muslims led to the closure of three schools
in London.
Racist attacks have been reported across much of the
rest of
Europe. In Poland, a mosque in Gdansk was stoned by youths on
14
September. In the Netherlands, mosques were being attacked daily,
according to reports, and in Nijmegen an Islamic primary
school
was set on fire. Dutch police registered more than 20 attacks
on
Muslim targets in the 10 days after 11 September, with incidents
ranging from arson and stone-throwing to threatening letters
and
racist graffiti. In Denmark, police arrested a man
as he was
about to throw petrol bombs at a mosque in Copenhagen,
and a
pizzeria owned by Kurdish immigrants was vandalized in the
town
of Dragoer. In Ireland, a Muslim man at an Islamic
centre in
Dublin was beaten up, and a Muslim school in
Clonskeagh was
closed following a bomb scare.
In Hungary, the Minister of the Interior
ordered that 800
recognized Afghan refugees and asylum-seekers, who were held
in
various detention centres for asylum-seekers, be transferred to a
facility in Debrecen, where they are to be held isolated from all
other foreigners. The Minister explained that this was to ensure
the safety of the Afghan refugees. No official explanation
has
yet been given to the UNHCR.
In Italy, the Northern League has made blatantly
anti-Muslim
statements. Of particular concern was a statement made by
Prime
Minister Silvio Berlusconi during a visit to
Germany on 26
September. He said: "We should be conscious of the superiority of
our civilization, which consists of a value system that has given
people widespread prosperity in those countries that embrace
it,
and guarantees respect for human rights and
religion... This
respect certainly does not exist in the
Islamic countries".
Amnesty International fears, that in the present climate,
such
statements may condone racist attacks.
Conclusion
Amnesty International welcomes the
statements made by
intergovernmental organizations as well as many politicians
in
the USA, Europe and elsewhere to combat the racist backlash
in
the wake of the attacks in the USA. However, there is a
danger
that as the world's political leaders
focus on combatting
"terrorism" from abroad, a climate is engendered in which racism
and xenophobia can flourish.
Amnesty International urges governments to take strong
action
against racist attacks directed at the Muslim, Asian and
Middle
Eastern populations in their countries. In a climate of fear
and
perceived external threat, it is essential that the authorities
step up measures to ensure that people from
all communities,
whether citizens or not, are equally
protected. Governments
should continue to denounce racist violence
and threats of
violence, and make clear that such
crimes of hate and
discrimination will not be tolerated.
Governments must not use the "war on terrorism"
to introduce
draconian measures that limit civil
liberties and allow
violations of human rights. Such measures are likely to
stifle
dissent and curtail basic freedoms. For this reason, they must be
resisted.
In reaching a balance between security and individual
freedom,
the internationally recognized safeguards to protect human rights
must not be sacrificed. Even in
the most extreme crisis,
governments do not have a completely
free hand. Amnesty
International calls on all governments to ensure that the
human
rights of all people are respected in their response to
the 11
September attacks in the USA.
The human toll of this crisis must not fall on those who are the
most vulnerable - refugees and asylum-seekers who are themselves
fleeing repression and terror. Some governments are
exploiting
the climate of public fear to tighten
up asylum laws and
policies. All governments must ensure that the rights of asylum-
seekers are protected, that all asylum-seekers have access to
a
fair and satisfactory asylum determination process, and that
no
one is returned to a country where they risk serious human rights
abuses. The international community should insist that countries
neighbouring Afghanistan open their borders, and should share the
costs and responsibility for hosting Afghan refugees.
Amnesty International calls on the international community
to
hold to account all governments for human rights violations.
It
also urges the international community and media not to let
the
focus on the campaign against "terrorism" obscure
other human
rights crises or concerns around the world.
Amnesty International is impartial and
independent of any
government, political persuasion or religious creed.
(c) Amnesty International