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Anti-terrorism and human rights. (OAS).


AS GOVERNMENT the threat of terrorism, they must ensure that any steps they take do not undermine human rights and civil liberties, the Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages – Spanish, French, and Portuguese – CIDH) is an autonomous organ of the Organization of American States (OAS).  cautioned in a new report.

"In the Commission's experience, when states have sacrificed fundamental rights in the name of fighting terrorism, the rule of law and democratic freedoms are eroded and the objectives of terrorism are ultimately advanced rather than diminished," Commission president Juan Mendez said in releasing the Report on Terrorism and Human Rights last December.

The comprehensive study advises the OAS OAS

See: Option adjusted spread
 member states of their international human rights obligations and offers recommendations on how to implement these rules and principles when developing and applying anti-terrorism initiatives.

In a news conference at the National Press Club, Mendez said the report is intended to help legislators and other policymakers develop responses to terrorism Responses to terrorism are broad in scope. They can include re-alignments of the political spectrum and reassessments of fundamental values. The term counter-terrorism has a narrower connotation, implying that it is directed at terrorist actors.  that take into account standards established in international law.

The Inter-American Commission began the report in the months following the terrorist attacks of September 11, 2001, as public debate intensified over what steps should be taken to combat terrorism, including measures to detain de·tain  
tr.v. de·tained, de·tain·ing, de·tains
1. To keep from proceeding; delay or retard.

2. To keep in custody or temporary confinement:
, prosecute, and punish those suspected of terrorist activities.

"The Commission's report attempts to provide clarification and guidance on these crucial issues, drawing upon the Commission's long-standing experience in dealing with human rights protections in the face of terrorism," said Mendez, who is director of the Center for Civil and Human Rights at Notre Dame Notre Dame IPA: [nɔtʁ dam] is French for Our Lady, referring to the Virgin Mary. In the United States of America, Notre Dame  University.

Since its creation more than forty years ago, the Inter-American Commission has considered numerous challenging cases involving member states that have faced terrorist threats, Mendez noted.

"In various countries of this region, the fundamental human rights and democratic freedoms of the hemisphere's inhabitants
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 have been imperiled by terrorist violence as well as by disproportionate state responses to it," he said.

Mendez stressed that governments have an obligation to prevent terrorism and other violence and to guarantee citizens' security. "At the same time," he added, "the Commission has declared that states remain bound by their international human rights obligations at all times, subject only to suspensions or restrictions that are specifically permitted under international law when the life of the nation is threatened."

The report analyzes human rights standards in several key areas: the right to life, the right to humane treatment, the right to personal liberty and security, the right to a fair trial The Right to a fair trial is an essential right in all countries respecting the rule of law. It is explicitly proclaimed in Article Ten of the Universal Declaration of Human Rights, the Sixth Amendment of the US Constitution, and Article Six of the European Convention of Human , the right to freedom of expression, the rights to judicial protection and nondiscrimination non·dis·crim·i·na·tion  
n.
1. Absence of discrimination.

2. The practice or policy of refraining from discrimination.



non
, and the protection of migrants, refugees, asylum seekers asylum seeker asylum ndemandeur/euse d'asile , and other nonnationals.

The complete Report on Terrorism and Human Rights, as well as an executive summary, can be found on the Commission's website (www.cidh.oas.org).

Janelle Conaway is an editor with the OAS Department of Public Information.
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Author:Conaway, Janelle
Publication:Americas (English Edition)
Geographic Code:0LATI
Date:Mar 1, 2003
Words:454
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