Saturday, July 16, 2011

As UNSC Condemns Mumbai Bombings, Human Rights Phrase Used From Kabul to Kampala, & India 2008, Gets Omitted

By Matthew Russell Lee

UNITED NATIONS, July 13 -- The UN Security Council's press statement about today's Mumbai bombings does not contain the Council's usual admonition to “States that they must ensure that measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law.”

Significantly, this language appeared in the Security Council's statement condemning terrorist act in Mumbai back in November 2008.

Some ask, what changed: India's position, or its power?

When a terrorist attack like today's occurs, the UN Security Council members issue ritualized press statements. They use templates, because they see a need to respond the same day as the attack, and there is not time to negotiate a brand new statement for each incident.

But when German Permanent Representative Peter Wittig read out the Council's press statement about the three Mumbai bombings on Wednesday afternoon, he immediately began walking away from the microphone. Video here.

Inner City Press asked the first, and only, question: was there any discussion of who was responsible for the bombings?

There was no discussion of responsibility, Ambassador Wittig said, and left.

There was another question, which while it seems Wittig would not have answered remains puzzling to some: the omission of the human rights language.

In the Security Council's press statement last year about bombings in Kampala, Uganda -- then a member of the Council -- it was said that

The members of the Security Council remind States that they must ensure that measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law.”

The same admonition was contained in the Council's press statement about terrorist attacks in Iran issued four days later on July 16, 2010:

The members of the Security Council remind States that they must ensure that measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law.”

Regarding bombings in Abuja, Nigeria -- a Security Council member -- the Council on October 4, 2010 said the same:

The members of the Security Council reminded States that they must ensure that measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law.”

The same language is found in Security Council press statements about terrorist attacks in Afghanistan. Later on Wednesday, after the Council's Mumbai statement, Inner City Press asked Afghan Permanent Representative Tanin about the statements. He indicated that Afghanistan gets the Council's normal treatment.

This was true -- that is, the human rights language was included -- in Council statements about Afghanistan in on February11, 2009 (Kabul), on August 26, 2009 (Kandahar), on October 8, 2009 (Kabul), and on October 25, 2010 (Herat).

This year the human rights language has been in the Security Council statements on Morocco (April 29, 2011) and Belarus (April 10, 2011).

There have been at least three recent exceptions to this template, all three regarding a Permanent Five member of the Council. India is not a Permanent member, at least not yet. But India, perhaps as a reflection of its newly muscular foreign policy or economic heft, seems to some to have requested and gotten that same treatment.

Significantly, the Security Council's condemnation of terrorist acts in Mumbai on November 28, 2008 did contain the human rights language:

The members of the Security Council reminded States that they must ensure that measures taken to combat terrorism comply with all their obligations under international law, in particular international human rights, refugee and humanitarian law.”

The death of innocents is of course to be condemned. But the Security Council speaks in words. So how terrorism is condemned must be covered, comparing both statements about different countries and about the same country in different years. We will have more on this.

Here is the Council's July 13 statement on Mumbai:

Press Statement

The members of the Security Council condemned in the strongest terms the terrorist attacks that occurred in various parts of Mumbai, India on 13 July 2011, causing numerous deaths and injuries. They expressed their deep sympathy and sincere condolences to the victims of these heinous acts and to their families, and to the people and Government of India.

The members of the Security Council reaffirmed that terrorism in all its forms and manifestations constitutes one of the most serious threats to international peace and security, and that any acts of terrorism are criminal and unjustifiable, regardless of their motivation, wherever, whenever and by whomsoever committed.

The members of the Security Council reiterated their determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations.