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OPEN LETTER FROM NGO'S
TO THE UNITED NATIONS
GENERAL ASSEMBLY
CONCERNING
THE TERRORISM DEBATE
1-2 October 2001, United Nations
We are writing to express our profound concern about
Security Council resolution 1373 (2001). While some aspects of the resolution,
which was hurriedly debated and passed on September 28, 2001, are necessary
and appropriate to address terrorist acts, certain aspects of the resolution
give cause for concern. We urge that the members of the General Assembly
consider carefully the implications of resolution 1373 and work to clarify
certain aspects of the resolution.
1. Terrorism undefined invites abuse.
First among our concerns is that the resolution details
sweeping measures to combat terrorism without defining what terrorism is. In
light of the differing opinions among the international community as to what
constitutes terrorism, we are extremely concerned that the open-endedness of
the resolution is vulnerable to abuse.
We are particularly concerned that parts of the
resolution could be used to justify:
- Independent actions by states, acting singly or in
concert but outside the direction and command of the United Nations,
against alleged perpetrators of terrorism and/or states allegedly
supporting such acts (Preamble para 5 and para 3 ( c ));
- Serious curtailment of civil, political and human
rights of citizens and persons, in particular, refugees, immigrants and
other individuals presumed to have such status or be from targeted
minority groups (para 3 (f & g)).
2. Justice not vengeance and war
A critical question -- for which history will hold the
United Nations accountable and judge the efficacy of its mission -- is whether
the world community will endorse the use of force rather than the processes of
justice and the rule of law. The world community is poised to usher into
being, for the first time in history, an International Criminal Court. The
ultimate goal of such Court is to try the perpetrators of crimes against
humanity and other international crimes. The approval of the Rome Treaty and
the speed with which states are ratifying that treaty attests to the
importance of substituting justice for force as a primary means to ensure
peace and security.
History has demonstrated that to meet violence with
violence rather than the rule of law perpetuates the cycle of violence. By
contrast, the hope of this new millennium is that justice can substitute for
violence and thus break that deadly cycle. To those who committed the
September 11 attack, the authorization of a violent response is precisely the
victory they seek. By contrast, those who condemn this barbarous act must defy
those expectations and stand for justice, and through justice, the restoration
of peace and respect for the rule of law.
As many of our organizations represent the rights and
needs of women, we must insist upon the fact that the most numerous victims of
war are the women and children. They represent the overwhelming majority of
those amassed now at the borders of Afghanistan; it is the women and children
who are the majority of the civilian population murdered, raped and otherwise
brutalized in time of war.
The response to such threats as represented by September
11 must give primacy to the rule of law and be vested in an international body
such as the United Nations and not in individual nations or collectivities of
nations. We therefore call on the members of the General Assembly to set
precedents in the interpretation of the Security Council resolution 1373
(2001) and pass a declaration qualifying the interpretation of the Security
Council resolution as follows:
- it does not sanction the use of force and repressive
measures to combat terrorism
- it primarily seeks justice in international and
domestic courts for acts of international terrorism
- it calls upon states to be guided by principles and
processes of international law in their pursuit of justice, including the
detailing of charges, the issuance of international warrants and requests
for extradition, the arrest of the accused and the provision of due
process
- it lays emphasis on states becoming parties to,
implementing and using the international conventions on prevention and
combating of terrorism
- emphasizes the need to ensure that all actions taken
to identify, prevent and punish terrorism are consistent with the
protection of political and civil rights, including the prevention of
discrimination and protection of minorities.
While passing resolutions aimed at maintaining or
restoring international peace and security is the primary responsibility of
the Security Council, it is a responsibility that must be discharged with
utmost care and diligence ensuring that such actions do not pose a further
threat to the international community.
The United Nations was founded to save succeeding
generations from the 'scourge of war.' In carrying out its responsibilities to
maintain or restore international peace and security at this moment in time,
the Security Council must find the appropriate balance between measures which
will truly address this heinous form of violence and those which will
exacerbate and perpetuate the breach of international peace and security.
The General Assembly at crucial moments in the history
of the United Nations has taken important steps in the absence of Security
Council action or to clarify counsel action. We urge all member states to take
the above into consideration during the debates on terrorism taking place
Monday and Tuesday, October 1-2. At this critical moment, it is necessary that
the General Assembly carefully reflect on its own important role in the
maintenance of international peace and security.
Signed,
- Women's Caucus for Gender Justice, New York
- International Women's Human Rights Law Clinic, New York
- Shirkat Gah, Women's Resource Centre, Pakistan
- Center for Women's Global Leadership, U.S.
- Madre, New York
- Women Living Under Muslim Laws, International Solidarity Network
- Women in Black, London
- Medica Mondiale, Koeln, Germany
- Women's Alliance for Peace and Human Rights in Afghanistan
- Myla Reson, Peace Activist, Los Angeles, California
- S.Curt, Wendy, Caitlin, Ray Schroell, Radio4Houston.org
- Radhika Balakrishnan, Marymount Manhattan College NY, NY
- Jim Krivo
- Janet Costello, Camp Meeker, California
- Gary Evans, Sonoma, California
- Maria Pakpahan, Tjoet Njak Dien Yogyakarta, Indonesia
- Giancarlo Livragh, ALCEI, Electronic Frontiers Italy
- Prof. Dr. Ilse Lenz, Bochum University, Germany
- Greg Tzeutschler, Cleary, Gottlieb, Steen & Hamilton, New York, NY
- Jessie Davidson, Canada
- Reiner Holub, Germany
- Hameeda Hossain, Ain o Salish Kendro (ASK)
- Elizabeth Provost, Chichester NY
- Brian Hall
- Amrita Chhachhi, Institute of Social Studies, The Netherlands
- Shulamith Koenig, People's Movement for Human Rights Education, New York ,
NY
- Gloria Frankel, Chair, Irish Section, WILPF
- Diane Alley, National Convener,UNAA Status of Women Network
- Svetlana Slapsak, Ljubljana, Slovenia
- Sigrid Shreeve, Oxford for Peace
- Ana Stella Borras de Ortiz, FUNDACION CAMINO, ARGENTINA
- Laura E. Asturias, Editor, Tertulia e-zine, Guatemala
- Lisa Tonarelli
- Shanthi Dairiam, International Women's Rights Action Watch-Asia Pacific
- Mta. Teresa C. Ulloa Ziaurriz, Popular Defenders, C.A.
- Collective Struggling for Women in Jail, Mexico
- Dian Killian, Brooklyn
- Phyllis Eckhaus, New York, New York, USA
- Carolyn Westmoreland Waller, Strathmore, CA
- Jessi Roemer, NY, USA
- Jennie Green, Staff Attorney, Center for Constitutional Rights
- Iraqi Al-Amal Association, Iraq
- Jan Slakov, President, Enviro-Clare,
- The Australian National Commitee on Refugee Women (ANCORW)
- Istvan Balogh, Senior Editor Emeritus, Radio Free Europe
-Irm Balogh, M.A., Psychologist and Sociologist
- Rosalind Petchesky, Distinguished Professor of Political Science, Hunter
College of the City University of New York
- Uma Narayan, Vassar College
- Madeline D. Garcia
- Paul Swann, Global Peace Campaign
- Antonia Macias, Equipo Nizkor
- Eva Shaderowfsky, New York, USA
- Clare Nolan, NGO Representative, Congregation of Our Lady of Charity of the
Good Shepherd, Brooklyn, NY
- Penny Gray, The Oxford Stop the War Coalition
- Meredith Tax, President, Women's World Organization for Rights, Literature
and Development
- Keiko Spade
-Kelly Askin, U.S.
-Gabi Mischowski, Germany
-Yifat Susshind, MADRE, U.S
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