Human rights education for indian armed forces

gentlemans gentleman rights education for indian gird forces gracious RIGHTS EDUCATION FOR INDIAN fortify FORCESCHAPTERINTRODUCTION AND methodological analysisWhen asked what should be done ab away merciful rights, the sawn-off philosopher Voltaire answered- Let the slew k instanter themOver the years in that respect has been huge deterioration in the interior(a) shelterive coer environ custodyt in heterogeneous bursts of our country. JK and NE states dupe been the theatre of ethnic, regional and state sponsored turbulence for decades for various reasons, the primary one being isolation of the region from breathe of the country and the deprivation of mixer and economic develop manpowert of the bea. The rise in the right and give problems and failure of the g all overning to control the situation last led to the long drawn involvement of the fortify forces in the region. The efforts of the protective covering forces to control insurgency and act of terroris m in the atomic number 18a have brought up the issue of violations of merciful rights by the security forces. The paradoxical situation now is that fleck there is an increasing and widespread fix for observance of sympathetic rights by the security forces operating in the environment, gross violations of the same by the militant system of ruless continue unabated.Extremist organisations find terror desirable to suck up subscribe toion whereas counter measures by security forces be res educate when militants mix into the local anaesthetic population, making it impossible to attack their bases or nighbodynel with reveal corroboratory injury. Here in lies the dilemma for the security forces to conduct trading trading operations in resultant within the constraints of ethics and the need to respect worldly concern rights. (Jasjit Singh)Terrorism and clement rights can non co-exist. They are mutually destructive of each new(prenominal). Where there is terrorism the re cannot be build up services machine man rights. One of the undischargedest threats to the future of democracy is terrorism which is increasingly becoming a way of life in the ill states. Low intensity run afoul operations today includes in its stratagem operations against insurgents, militants, terrorists, and some(prenominal) another(prenominal) non state actors that jeopardises interior(a) security and sovereignty. The fortify forces are being increasingly used in Low fanaticism Conflict trading operations (LICO) or Counter Insurgency (CI) Operations, which brings it in the media birdlime light. Certain restrictions have to be imposed on the basic rights of people when combating terrorism, and those restrictions have some norms to be followed.The principles of graciousity adumbrate that multitude action should not character unnecessary or disproportionate damage or suffering. When entrusted with a task of this magnitude, adult male rights violations do thr ong place, but what is important is that the state remains fully aware of its obligations to eradicate the event of a lot(prenominal) instances and takes prompt measures against the erring psyche(prenominal). It becomes imperative on part of the organisation to educate and train the personals bear on in such(prenominal) duties with the basic rights of an soulfulness as a compassionate being and the steps to prevent its violation.METHODOLOGYStatement of the ProblemThis paper aims to formulate and suggest the Institutionalised homo objurgates Education and Training as a means to reduce benignant rectifys Violations by the arm Forces operating in low intensity conflict environment.Justification of the Study valet de chambre rights now constitute the common inheritance of tender-heartedkind accordingly, homo rights education is a means of overtureing that heritage done the universal commitment to the dignity and worth of each human. The evils of in legal expert, exploit ation, impoverishment, tyranny, healthful-bred strife, genocide, abuses of power, and harmful state failures have plagued humankind from time immemorial and produced humiliation and despair. They as well as spur action for social and economic transformation, which human rights education helps to find stunned and put into practice. valet de chambre rights education reinforces the human rights to peace and to development, that is, the rights of human beings and nations to be free from aggression or other unlawful use of armed force and from chew impoverishment. Genocidal practices and other massive human rights violations are a particular challenge for human rights education. E truly human being should be empowered through human rights education to expose and undermine the very possibility of such practices before they emerge and to join with others in close such practices and holding the perpetrators accountable for their deeds and those who could help accountable for their keep mum and inaction.The dedication of nation-states and of the United Nations system to human rights education is a first-class honours degree step and the modest efforts pursued during the first United Nations Decade for homophile Rights Education (1995- 2004) and this effort essential be redoubled by the Armed Forces as a trustworthy organisation to build stronger solidarities through the kernel of the dignity and equal worth of every human person.ScopeThis psychoanalyse focuses on establishing a framework of adult male Rights Education and Training to the armed forces in low intensity conflict operations environment. It also attempts to suggest functional parameters that will assist in adopting a universal, holistic and structured approach to Human Rights.Methods of Data CollectionThe source of data has been the overabundant literature on the subject available in the College Library. A bibliography is appended at the end of the text. In addition to it, explicit use of means of mass media including internet has been made. The thought process of eminent personalities and experts on the subject, both in India and world-widely, have also been incorporated as they manifested in Interviews and general shows. geological formation of the DissertationIt is proposed to study the subject in the hobby manner-Chapter I. knowledgeability and Methodology.Chapter II. Human Rights A basic Study.Chapter III. Inter take of Human Rights and Armed Forces in LIC Environment.Chapter IV. relevancy of Human Rights Education for Armed Forces.Chapter V. Approach to Human Rights Education.Chapter VI. Effective Human Rights Training.Chapter VI. Conclusion.CHAPTER IIHUMAN RIGHTS A BASIC STUDYHuman Rights exploitation of the Concept. In the simplest of terms, human rights could be regarded as involving all those aspects which add to dignity and free existence of human beings. Historians credit the origin of this concept to MAGNA CARTA, AD 1521. On scrutiny however, it would emerge that this put down actually was a beseech urging the king to concede certain rights to a particular atom of his people. It neither had a direct reference to the common mans basic emancipation nor the required range of application. The term Human Rights was introduced in the United States contract bridge of Independence in 1776 and the US constitution embodied a card of Rights. The French resolution later on in 1789, ushered in the resolution of Rights of Man and Citizen. Much later in 1929, the Institute of International Law, hot York, USA, prepared a annunciation of Human Rights and Duties. In 1945, the Inter American Conference passed a resolution seeking the establishment of an international fabrication for the furtherance of human rights of the whole mankind.The World War II was in all likelihood the turning point, which drew the required attention towards human rights. The atrocities committed on ethnic grounds by the axis powers shocked the conscience of the international community. The allied powers then vowed to usher in a world order for promoting respect for the observance of Human Rights and natural liberty. The United Nations charter, in its preamble declared, we the people of the United Nations Organisation..reaffirm faith in the fundamental human rights, in the dignity and worth of human person, in the equal rights of men and women and the Nations large and small... The charter then went on to declare that the get of the United Nations is, to achieve international cooperation in solving international problems of an economic, social, heathenish or humanitarian character and in promoting and encouraging respect for human rights and for fundamental emancipation for all, without distinction based on race, sex, manner of speaking or religion. The United Nations proclaimed the universal declaration of Human Rights in 1948.The United States defined Human Rights in a policy document in 1978 , which includes the following as pects- independence from positive arrest and imprisonment, torture, unfair trial, bestial and unusual punishment and invasion of privacy, rights to food, shelter, health care, education, license of thought, speech, assembly, religion, press, proceedment and lodge in Government.Human Rights The International Endeavour. The United nations Organisation in keeping with its charter to promote respect for fundamental liberty and Human Rights for all without either distinction, came out with an International measuring of Human Rights consisting of the following-Universal Declaration of human Rights, 1948.The International Covenant on polite and Political Rights, 1966.The International covenant of Economic social and cultural rights, 1966.The elective protocol (1966) providing for the right of the individual to petition international agencies.The principles on which this bill was based on are as under-All human beings have been brought within the scope of this bill, without any d istinction. par of application without any distinction of race, sex, language or religion.Emphasis on international cooperation for slaying of the bill.UN Declaration of Human Rights. The UN commonplace Assembly on 10 declination 1948 approved and accepted the Universal Declaration of Human Rights. Further on 16 December 1966, two covenants were also approved by the UN General Assembly on Economic, Social and Cultural Rights and Civil and Political Rights. These covenants are legally binding and came into force in 1976. Some of the important aspects of UN Declaration are as under-Right to life, liberty and security of person (Art 3).Right against slavery or servitude (Art 4).No one shall be subjected to torture, cruel, in human or degrading treatment or punishment (Art 5).Equality before Law and equal protection under law (Art 6 and 7).(e) Right to effective remedy against violation of Fundamental Rights (Art 8).Right against arbitrary arrest, detention or exile (Art 9)Right again st interference with individuals privacy (Art 10 and 11).Right to a free and fair trial (Art 12).Right to freedom of movement, residence and nationality and to seek asylum in other countries (Art 13, 14 and 15).Right to marry and to form a family (Art 16).Right to property (Art 17).Right to freedom of thought, religion, freedom of opinion and expression (Art 16 and 18).Right to work, reasonable working(a) conditions and to receive equal pay for equal work (Art 23, 24).Right to freedom of placid assembly and association and to be a member of a society (Art 20 and 22).Right to a standard of living, conducive for health, well being and social protection (Art 25).Right to education (Art 26).Right to elaboration in cultural life of community (Art 27).Right to a social and international order in which the right and freedom set forrad in this declaration can be fully exercised (Art 28).Human Rights The Scenario in India. India does not have a known convention on human rights. However, India is a signatory to the various conventions proclaimed by the United Nations organisation. Traditionally, Indian culture has always stressed the observance of human rights. Our constitutional founders have given this aspect the payable prominence in the form of fundamental rights, which has been embodied as Directive Principles of State Policy. The important aspects are as given below -Right to equality (Art 14).No discrimination against any citizen based on religion, race, caste, sex etc (Art 15).Right against untouchability (Art 17).Right to freedom.Right to freedom of speech and expression (19(i)(a))Freedom to assemble peacefully without arms (Art 19(i)(b)).Freedom to form associations (Art 19(i) (c)).Freedom to reside and settle in any part of country (Art 19(i) (f).Freedom in choice of profession (Art 19(i) (f)).Right not to be compelled to be a witness against himself (Art 20(2).Protection of life and personal liberty (Art 21).Protection against arrest and detention (Art 22).Right against exploitation by traffic in human beings, beggary and other similar forms of constrained labour (Art 23 and 24).Right to freedom of Religion (Art 25 to 26).Right to move Supreme Court for enforcement of fundamental rights (Art 32).CHAPTER IIIINTERPLAY OF ARMED FORCES AND HUMAN RIGHTSIN LOW INTENSITY CONFICT ENVIRONMENTWhen the pass is fighting against an adversary in war, considerations of Human Rights are secondary principles. Practices and usage of war are the best guide. But during peace time employment, in addition to the guidelines fixed down in various conventions, it is essential that the environment that the soldier has to break down is clearly understood. -Army Training Note S/1/95 six-spot decades after our independence, country finds itself beset with terrorism and insurgencies in many a(prenominal) states simultaneously. The security forces have been actively involved in counter insurgency operations in Naga repose, Manipur, Mizoram, Tripura, Jammu and Kashmir and more recently, Naxals in as many as 12 other states. Involvement of non state actors in promoting insurgency in our compose states is also well established. The insurgencies and terrorism are quite different from a full scale conventional war and thus demand the end attention of a government and the people. The counter insurgency operations essential differ materially from regular warfare for which armies train and equip themselves.environmental Realities in LICMore often than not the armed forces are deployed for operations at a very belated stage, when the situation is almost out of control. The prevailing environment that is likely to be encountered by the soldiery then assumes a great degree of importance. Some of the salient aspects of the environmental realities are given in the succeeding paragraphs-Public. in that respect is a prevailing scent out of in-security among the general state-supported. People head for the hills to either silently obey th e militants or to migrate to safer places. They are very reluctant to cooperate with the security forces.Militants. There is an overpowering cult of the gun and defiance of authority. They acquire sophisticated and deadly weapons by establishing nexus with powers inimical to the state. They have no desire for peaceful negotiations, unless the government out rightly succumbs to their demands.Bureaucracy, Politicians and Judiciary. These come under tremendous public press because of the constant threat of retribution.legal philosophy/Paramilitary Forces. Militants endeavour to induce headache in them through intimidation, and other forms of retribution. This coupled with inadequate equipment and training has unfavourable effects on the morale and efficiency of these forces. As a proceeds their credibility gets eroded and they fail to induce any confidence among the people.Media. The formalised media and some of the national dailies are viewed as the mouth piece of the government and its credibility with the masses is usually low. Reporters have scant knowledge of LICO and tend to sensationalise events.Civil Administration. The general conditions prevailing amounts to the civil administration being inefficient and the authority of the government gets eroded with the writ of the militants running supreme.Law of the Land. The law of one state is not always applicable in the other states. This facilitates the militants shifting their bases and operating from areas where they can escape the law. Once certain surplus laws are enacted, these are portrayed as draconian in a pop society, thereby providing sufficient cause for propaganda and also drawing attention of the Human Rights Organisations. The militants also thrive on the various existing lacunae in our legal system.Neighbouring States. Inimical neighbours exploit the instable situation to the full extent and go back to waging a proxy war.The Nexus. Militants tend to establish a nexus with like anti gov ernment movements. Even some religious fundamentalist extends their direct support.State and Central Agencies. There is a plethora of state and of import agencies operating in such an environment. They usually lack unity of affair and operate at cross purposes.Impact of Environmental Realities. All these environmental realities given above have an impact on the operations carried out by the army. These are as given below-The army gets involved when things have gone out of hands of the law of nature/para military forces to handle thereby making their task much more difficult.Operations tend to become long drawn and the army gets involved over protracted periods to effectively neutralise the militants potential. The resources required are also out of proportion invariably.The army invariably has to operate in an tidings vacuum. Barriers of language pose additional problems. Militants also manage to infiltrate various civil and police organisations compromising security.There is of ten an absence of clear cut political directive, making it difficult for the army to understand the charter and to acquire its aims, objectives and plans n a long term perspective.There is inadequate cooperation from the local public, bureaucracy and the politicians.Media gets exploited by the militants to discredit the army, thereby imposing great caution on operations by the army.There is a lack of integration between various agencies, thus making problems of coordination acute.Where the militants enjoy public support, willing or forced, it is difficult to sift and isolate the militants from the public.Law of the land often provides great immunity to the militants and imposes numerous constraints on conduct of military operations.Where the inimical neighbours provide active support to the militants, a great potbelly of effort is diverted to check infiltration of such support.Where Armed Forces Go Wrong.It is now evident that the whole problem is intensified due to law of proxim ity of noncombatants to the area of operations. The following issues form part of the media campaign and cause concern to various Human Rights Organisations-Curbing of Fundamental Rights. Operations of cordon and appear, vehicle checking etc, cause harassment to people. As these operations cannot be done away with, it must be ensured that these operations are done on firm intelligence scarce to avoid any unwanted fallout.Rape/Molestation. Reports appearing in the media are a min of actuals and the malicious propaganda being launched by militants. iniquitous Detention. As per rules, any offender is required to be handled over to the police within 24 hours of apprehension, for filing of a case. Problem arises when due to mistake identity an innocent citizen is detained by an enthusiastic unit and the legal formalness get delayed due to efforts to extract information by that unit. circumvent Encounters. Stage managed encounters in the vicinity of population centres come to the know ledge of human rights organisations.Attack on Civilians. Bomb blasts, proxy actions in populated areas and seemingly intentional killing of civilian population in hostile territory, becomes a media headline, and draws adverse propaganda.Custodial Deaths. In a bid to extract information, no suspect should be tortured. Failure to carry out a medical exam check up before handing over to the police authorities, could result in reasons for an eventual death of the individual at the hands of the police, being attributed to alleged torture by army prior to handing over.Compensation. All victims should be make up at the earliest. Rules should be framed on various contingencies and offenders if any should be made to pay compensation, and punished as well.Special powers to the Army. Special powers conferred should be understood in its totality. Legal constraints like carrying police representative for cordon and search operations, frisking of women by women police, signing of No Claim cer tificates etc have to exercised with due care.Cross Fire Tactics. Militants employ this tactics of firing from a labor or putting civilians in front of them as shields. Indiscriminate chemical reaction by armed forces will not go well with the media and public at large.Prolonged Operations. Our experience of operations in North easterly states have amply proved that when units are pressed to achieve contiguous results and prolonged operations conducted, instead of achieving tangible results, what actually took place was aberration of the population, besides causing discomfort to own troops.To extricate information from an get the picture insurgent/militant regarding their crime, intentions, information regarding operations in progress and whereabouts of their bases, some force is required to be used against the norms of human rights. No individual will ever divulge information if treated well. Lt Gen (Retd) VK Sood, PVSM, AVSMHuman Rights evidence of ArmyIndian army has achieve d a great degree of success in this genre of conflict due to the highly successful working(a) style and technique adopted. This is based on a very tender-hearted approach of psychological dissuasion and winning the hearts and minds of the population. It is a discriminate approach, in as much as it relies upon large scale application of trained manpower as imposed to indiscriminate use of heavy rear power and airpower.Operations in LIC are complex. The difficulty in naming of the militants and their affinity to the local population, make the task of security forces difficult. In such operations, therefore, a certain amount of human rights violations are likely to take place. The Indian Army however, takes such incidents very seriously, not only because of the violations by themselves being criminal acts, but also due to the fact that it adversely affects the units discipline.The PledgeWe are the human rights generationWe will accept zilch less than human rights.We will know the m and claim them,For all women, men, callowness and children,From those who speak human rights,But deny them to their own people.We will move power to human rightsCHAPTER IVRELEVANCE OF HUMAN RIGHTS EDUCATION AND fosterageTO ARMED FORCESIncreased awareness of human rights over the last 30 years has led to new standards for state actors in peace and war. Since the arctic War, elective governments have promoted constitutional reforms aimed at subordinating the military to civilian control and preventing human rights abuses.Militaries have also undergone a self psychometric scrutiny to adapt their fibres and commissionings to the changing strategic environment. By and large they have endorsed democratic principles and human rights. In India, we have a commitment by the armed forces to remain subordinated to civilian authority, act within constitutional bounds, and respect human rights. Reflecting changes in national security strategy, the Indian Armed forces need to play a cri tical role in promoting democracy and human rights. root in a belief that there is an affinity between democratic systems and free market economies, and that democratic states are less likely to go to war with each other, this strategy aims to ensure that regimes consolidate democratic institutions and affix respect for human rights. The incorporation of democracy and human rights as national security policy objectives has been accompanied by operational changes in the role and mission of the forces as per our military doctrine.Existing Human Rights Safeguards Historical bequestThis Humane characteristics of the Indian Army and its soldiers have been exemplified in the history During the Police Action against Razakars in the state of Hyderabad in 1948. Gen J N Choudhry, commanding officer of the Indian Forces, reminded the Indian troops that they should be absolutely humane while dealing with the local population as they were their own countrymen particularly the woman, children and the infirm.(b) Similarly, in December 1961, after the military operations in Goa the then header of the Army Staff in a message to the troops say In Goa, you are in India and with your compatriots. Your duty is at home. Go and protect the people. Let no one suffer violence. At the end of the operations the then Prime Minister, Pandit Jawaharlal Nehru in his message to the operating forces said You, and officers and men serving under your command in Goa Operations, have my warmest congratulations on the splendid way all of you have carried out the allotted task- with efficiency, tact and humanity.(c) As mentioned originally 93,000 Pakistani troops surrendered in 1971 Bangladesh operations. At the time of surrender Lt Gen J S Aurora gave a sedate assurance that The personnel, who surrender, shall be treated with dignity and respect that soldiers are entitle to in accordance with the Geneva Convention and protection shall be provided to the external nationals, ethnic minor ities and the personnel of West Pakistan origin.The Indian Army has stood the test of time as regards the Human Rights issue wherever and whenever deployed for counter insurgency or conventional operations. History is on its side to prove the point. subsequently the end of 1971 Indo-Pak war, 93,000 Pakistani soldiers surrendered. While treating the POWs, the Indian Army not only complied meticulously with the Geneva Conventions on POW, but also gave them free access to their friends and relatives in West Pakistan. It also gave them freedom to celebrate their religious festivals. The Indian Army is fully aware of the pitfalls, nuances, implications of Human Rights violations and the resultant adverse effect on its operational efficiency and morale. It has therefore taken comprehensive measures at all levels to safeguard and prevent Human Rights violations in Jammu and Kashmir. The measures undertaken at the large level to the grass root level of troops operating in LIC operations i n Jammu and Kashmir are enumerated in the succeeding paragraphs.Humane character of Indian Soldiers By and large, the basic instinct and reaction of an Indian soldier in most of the situations is to protect the Human Rights and uphold human dignity. The factors responsible for development of this attitude and reaction to a large extent are military discipline, compassion and camaraderie and apolitical entity.Indian Army in Peace-keeping Operations Outside IndiaThe contributions of the Indian Army to the Humanitarian cause in United Nations peacekeeping operations outside India is well known, appreciated world wide and well documented. The Indian Army has earned for them the praise and admiration of the warring factions, the United Nations and the Government of their own country. Peacekeeping operations in Korea, Gaza, Congo, Somalia, Cambodia, and Rwanda are some of the shining examples of the legacy of the Indian Army to the Human cause.30. Human right training has been intensifi ed and efforts to reform military justice in Indian Army have been introduced. While these initiatives have take down the decibel level between human rights advocates and the military, there is no consensus on their effectiveness. Two crucial dilemmas arise in attempting to harmonize such efforts with other objectives. First, training has met obstacles that limit its impact. The backgrounds of many militaries have afforded them considerable freedom from civilian control while portraying them as guarantors of the state. Another dilemma involves threats such as drug trafficking, organized crime, and terrorism. In most mature democracies tariff for dealing with such threats falls to civilian institutions. But in much of the country, these challenges have overwhelmed new democratic governments, leading to a call for the army to play a central role. The democratic transition in many nations removed the armed forces from interior(a) security operations thus human rights organizations a nd democracy activists fear that proposed roles and missions will reinforce impunity and lead to a excrete to violations. There is a greater focus required on incorporating human rights issues in operational training exercises and developing more pragmatic and mission related arguments for respecting them. The Army needs to sponsor a collegium or working group which could compose of representatives of various international and regional organizations and officials with responsibility for human rights training. It will need to produce a consensus document that specifies objectives for doctrine, education and training, internal control systems, cooperation with external control systems, and the delineation of police and military functions. Deliberations earlier have highlighted possibilities and difficulties of reaching a consensus between civil and military representatives on advancing human rights. On the positive side, a relatively luxuriant consensus does exist. At the same time there are major differences over priorities. Military officers stress education and training as key to meliorate performance. They acknowledge the importance of incorporating support for democracy and respect for human rights in doctrine. Civilian participants, on the other hand, emphasize the need for both internal and external control mechanisms to ensure accountability for violations.New Threats, Ancient Rights