4 ... ... ... ... .. P R E FAC E In such a society, a central purpose of good governance must be the defence of human rights, and fundamentalism of every hue and colour must be guarded against as inimical to human rights and to the true interests of civil society. The concern for justice has also underwritten the views of the Commission on the vexed issue of terrorism. The Commission is in no doubt that the State has the unquestionable right, and indeed the duty, to combat and triumph over terrorism. The Commission is of the view, however, that those in authority must take the greatest care to ensure that counter-terrorism measures do not mutate into measures that cloak, or justify, the violation of human rights, or corrode the sacred trust of democratic government from within. The Commission is acutely aware of the complexity of protecting human rights in the new international climate prevailing since 11 September 2001 and the adoption of Security Council resolution 1373 of 28 September 2001, which made it obligatory for States to take a number of specific measures, and to cooperate, in the fight against terrorism. The Commission has noted, however, that the Security Council has since adopted resolution 1456 of 20 January 2003, to which is attached a Declaration on how this fight must be conducted. That Declaration, inter alia, asserts: "States must ensure that any measures taken to combat terrorism comply with all their obligations under international law, and should adopt such measures in accordance with international, in particular international human rights, refugee, and humanitarian law." As in the past, the themes of justice and human dignity run like a seamless thread through the Commission's efforts, rendering indivisible its work for civil and political rights, on the one hand, and economic, social and cultural rights, on the other. On all of these matters, the views and actions of the Commission are recounted in detail in the chapters that follow. Those chapters deal, inter alia, with the range of civil liberties, including the protection of human rights in areas affected by terrorism and insurgency; custodial and 'encounter deaths'; systemic reforms of the police, prisons, and criminal justice system; they deal with the laws and international instruments relevant to the protection of human rights; the right to health; the rights of women and children, including the grave question of trafficking; the rights of vulnerable sections of society, particularly Dalits and Adivasis; the rights of those displaced by mega-projects and those exploited by child and bonded labour; the rights of the disabled and the need for a new 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

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