Ndung’u Wainaina

Counter-terrorism efforts against Al Qaeda and such other radical militant groups should not be used as a pretext to turn a blind eye on the grave human rights abuses and severe attacks on civil liberties perpetrated by governments against humanity.

A noticeably large segment of the citizenry has become the target of various types of individualised and collective punishments. These policies create fertile ground for such groups and their evil actions. Additionally, the policies have created an auspicious atmosphere for recruitment of sympathisers from inside and outside country and region.

The unconditional support given to Eastern African governments by the US administration and some parties in the European Union will only exacerbate the dangers of terrorism. Many are swayed to terrorism and related violent acts daily, driven by their growing sense of injustice and injury.

This is fed daily by extrajudicial killings; forced disappearances; torture; repression of peaceful protests; vicious attempts to silence the Press and human rights defenders; the increasing political, economic, and social marginalisation of broad swathes of the population; and the rampant spread of corruption. The entire human rights movement in East Africa do not dispute the right of governments to defend their people from violent attacks, whether the perpetrators are groups trying to achieve political objectives, or common criminals motivated by greed and anger.

However, governments have a duty to ensure protection of human rights, including the right to human dignity and civil liberty.

Our serious concern is with the manner in which States respond. We argue that governments can, and should respond, within the framework of international human rights and humanitarian law that has been tried and tested.

Failure to condition counter-terrorism on respect for these fundamental human rights, the so-called war against terror has become a licence to Governments to commit abuses, secure in the knowledge that other governments will turn a blind eye in the interests of a "global coalition against terrorism".

Immoral garb

We condemn governments of Kenya and Uganda for committing a human rights atrocity against civil liberties of citizens.

There is no need to invoke the rhetoric of terrorism unless governments seek to cloak illegitimate actions. The underlying motivation for the war against terror is that, in a climate of fear, people are prepared to accept a wide range of measures from which they would otherwise, in the name of freedom, abandon.

It appears a convenience to governments that what was unacceptable yesterday has become acceptable today. The long-term prevention of terrorism must include a proper understanding of its social, economic, political and religious roots, and of the individual’s capacity for hatred. If these issues are properly addressed, it will be possible to seriously undermine the grassroots support for terrorists and their recruitment networks.

Clearly, many conflicts are fuelled by violations of human rights. The Universal Declaration of Human Rights proclaimed that governments should respect and protect human rights, not only because it was the right thing to do, but because if they did not, people would be compelled to rebel against tyranny and oppression. But there is no clear and direct link between injustice and violence.

Many victims of human rights violations do not threaten violence against their own and other governments but what is clear and must be understood to hold consistently and globally is that respect for human rights is not an obstacle to ensuring security but an essential ingredient for its achievement.

Contrary to rhetoric of the war against terror, the world’s most significant rights challenges did not emerge on September 11, 2001. The majority of those whose lives and well-being are at risk, the sources of their insecurity are unconnected with the events of 9/11.

They struggle to obtain enough food and clean water to live and to receive medical attention for their illnesses; and they are the victims of brutal attacks by police.

They are persecuted because of their ethnicity or sexual identity; flee persecution, but cannot find safety. The Universal Declaration of Human Rights proclaims that the highest aspiration of the common people is a world in which human beings enjoy freedom of speech and belief and freedom from fear and want and that everyone is entitled to the rights and freedoms it sets forth, without distinction.

Guarantee security

The vision of the Declaration is as relevant today as it was when drafted in 1948.

Straightforward, transparent, consistent and unconditional observance of its standards is the best weapon against so-called terrorism and the best antidote to its consequences.

Averting the threat of terrorism requires concerted efforts by all to construct a rule of law to prevent impunity for human rights abuses and refuse to sacrifice human rights under the justification of combating terrorism. East African governments must guarantee that security and financial aid given to them is not used to perpetrate or violate the rights.

The writer is Executive Director, International Center for Policy and Conflict.

nwainaina@icpcafrica.org