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C I V I L L I B E RT I E S
terrorism 'do not discriminate in purpose or effect on grounds of race,
colour, descent or national or ethnic origin.' India is a State party to the
Convention on the Elimination of All Forms of Racial Discrimination
(CERD).
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For its part, the UN Human Rights Committee, set-up under the 1966
International Covenant on Civil and Political Rights, has systematically
raised questions during its examination of State reports regarding the
compatability of measures taken by States to counter terrorism with their
obligations under that Covenant (ICCPR). It will be recalled that India
is a State party to the Covenant, and that specific reference is made in
section 2 (1)(d) & (f) of the Protection of Human Rights Act, 1993 to that
Covenant. Of particular importance, in this connection, is General
Comment No. 29 on Article 4 of the ICCPR, which was adopted by the
Human Rights Committee on 24 July 2001. It deals at length with the
issue of when and which rights can be derogated from, and to what
extent, under the provisions of the Covenant.
4.14 In this connection it is also important to recall that Security Council
resolution 1373 of 28 September 2001 established new international legal
obligations on States to take a number of specific measures, and to cooperate,
against terrorism. In far-reaching proceedings dealing with the implications of
this resolution, the Human Rights Committee has stressed, inter alia, that
legislation enacted pursuant to Security Council resolution 1373 must be in
'full conformity' with the ICCPR, and that 'fear of terrorism does not become
a source of abuse' of human rights.
4.15 These developments and observations of UN Treaty Bodies have been
recorded at some length because of the global context in which our country
is having to combat and eliminate terrorism and the treaty obligations that
India is required to observe. They are also recalled because of the stand that
this Commission has taken in respect of anti-terrorism legislation. That stand
was reiterated in a signed statement issued by the Commission on 21 February
2003, which reads as follows:
"(i)
The Commission has, over the years, developed a consistent position in
respect of anti-terrorism legislation. This position has been elaborated in
greatest detail in the Opinions that it wrote on 14 July 2000 and 19
November 2001, in respect of the Draft Prevention of Terrorism Bill, 2000
and the subsequent Prevention of Terrorism Ordinance, 2001, both of
N AT I O N A L H U M A N R I G H T S C O M M I S S I O N