Dr Ghulam Nabi Fai
“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both….” (Al-Quran 4:135).
“Beware! Whoever is cruel and hard on a non-Muslim minority, curtails their rights, burdens them with more than they can bear, or takes anything from them against their free will; I (Prophet Muhammad) will complain against the person on the Day of Judgment.”
‘There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.’-Charles-Louis de Secondat. French philosopher.
“The 2023 ‘World Day of Social Justice’ provides an opportunity to foster dialogue with member States, youth and relevant UN institutions and other stakeholders on actions needed to achieve social justice by strengthening the social contract that has been fractured by rising inequalities, conflicts and weakened institutions,” excerpts from the concept paper of ‘World Day of Social Justice, February 13, 2023.’
The international community has recognized that national institutions such as the judiciary is important to ensure the promotion and protection of human rights. It often serves as effective supplements and correctors of State and non-State actors when the organ will not police itself.
Although the United Nations has written declarations that affirm the right of vulnerable populations, there must be greater worldwide effort on the part of governments, NGO’s, businesses and UN agencies to incorporate peace, justice and human dignity into internationalization and globalization. Peace, justice and human dignity cannot take a back seat as societies globalize their trade, supply chaining, and outsourcing. Freedom and justice must prevail above all political and economic aspects of international trade relations, and treaties even if it requires canceling trade agreements with countries that blatantly allow gross human rights violations to continue. It is the responsibility of everyone operating in the international arena to ensure that peace, justice and human dignity are protected. Global ethics must be fully integrated into the process of globalization.
Adopted by the ‘Seventh United Nations Congress’ on the ‘Prevention of Crime and the Treatment of Offenders’ held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985 articulated that the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms without any discrimination.
The resolution further states that the following basic principles, formulated to assist Member States in their task of securing and promoting the independence of the judiciary should be taken into account and respected by Governments within the framework of their national legislation and practice and be brought to the attention of judges, lawyers, members of the executive and the legislature and the public in general. The principles have been formulated principally with professional judges in mind, but they apply equally, as appropriate, to lay judges, where they exist.
In 1994 ‘Compilation of International Instruments’ pertaining to human rights, a substantial amount of the articles pertains to the rights of individuals in the administration of justice. Perhaps nowhere in human experience is there more room for the systematic abrogation of human rights than when done under the guise of authority from the State. Under the section adopted by Resolutions 663 C of 31 July 1957 and 2076 of 13 May 1977, we find standards for the protection of persons who have been detained by the authorities. We also find further guidelines under the ‘Body of Principles’ adopted in Resolution 43/173 of 9 December 1988, Resolution 3452 of 9 December 1975, Resolution 39/46 of 10 December 1984 and Resolution 47/133 of 18 December 1992. The sheer quantity of these resolutions should be an indication to us of the seriousness of crimes they are intended to identify, and so it is hoped, guide the United Nations human rights machinery where it must take action for their prevention. Article 3 adopted by the UN General Assembly Resolution 3452 of 1975 states that “Exceptional circumstances such as state of war or a threat of war, internal political instability or any other public emergency may not be invoked as a justification of torture.”
(To be concluded)
The writer is the Chairman, ‘World Forum for Peace & Justice’. can be reached at: 1-202-607- 6435 or gnfai2003@yahoo.com
www.kashmirawareness.org
