National versus Human Security after 911 by Prof

National versus Human Security after 9/11 by Prof. Dr. Máté Szabó, Parliamentary Commissioner of Human Rights, Hungary www. obh. hu

Hungary and the international terrorism • Global terrorism - permanent threat: „Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes” UN General Assembly, 9 September, 1994 • Hungary: member of all important international organisations combating terrorism (UN, NATO, EU etc. ) No historical roots or social structures conducive to home grown terrorism, no ethnic or social subculture based on terrorism BUT Individual attacks by (international? ) networks, ongoing criminal procedures (e. g. „Arrows of Hungarians” and serial-killing of Roma victims in 2009 by individual criminals)

Antiterrorist attitude endangering human rights • Rights to fair trial • Right to personal freedom, to free movement • Right to privacy, to personal data protection • Right to free expression (especially to religious free expression) • Right to economic freedom • Rights of refugees

Examples (Prof. R. Falk) • The war on terror validates otherwise illegal policies - secret proceedings, admissibility of evidence based on coercive testimony, denial of rights of habeas corpus, absence of any right of appeal, no right to cross-examine hostile wittnesses, no right of evidence used to support charges (case of Hamdan v. Rumsfeld) • Logic of lesser evils: unacceptable methods (torture) to acquire information or to detain →Failure to uphold international legal standards

Rival structures and processes • State/national security short term strategy phaenomenological treatment intelligence and military solutions micro: group and network violent and defect rights national or alliance scope state centered, etatist concflict oriented illiberal: preventive beyond internat. organisations destructive to internat. org. s secrecy of intelligence exclusive state interest injustice based upon state/national interest • Human security long term strategy structural treatment complex structural and cultural macro: societies, regions, global non-violant and defend rights humankind global scope society centered, civil society cooperation oriented liberal: reactive within international law constructive to int. organisations publicity, disclosure, transparency inclusive global interest global justice

Best practices to human security (G. Shafir) Horizontal accountability Actors Best practices Parliamentary control Elected representatives Monitoring, reviewing of military and executive Judicial control Judges, lawyers Courts review laws, policies, lawyers represent noncitizens Opposition Political parties, designated group representative Contest policies, discrimination and definition of national interest Vertical accountability Actors Best practices International organisations UN, Council of Europe Conventions, reports, silent diplomacy, membership pressures International law ECHR, ICC Judicial review Allies Allied countries (NATO) Critique, resistance Global civil society International NGOs, public opinion, media Information, mobilization Public opinion Civic groups, private citizens, educators, schools Surveys, symbolic actions, debates, publications Alternatives Actors Best practices Legitimate social control Police, peacekeepers Community-based policing, weapons control Transnational support IGOs, esp. regional Information, judicial cooperation Political solutions States, rival groups, hegemons Conflict resolution, power sharing

Globalisation of protest Partnership of local demonstrators and local police ↔international protest networks, global demonstrations: - no peaceful cooperation - heterogeneous and radical participants - militarization of the police work e. g. Genova, Göteborg - from „repressive”to „zero” tolerance

Ombudsman’s activity: right to assembly • Initiated by the president of the republic (2006) • Since 22 October 2007 regular on the spot examinations (ex officio) • Participation of the Ombudsman and 5 associated colleauges at more than 100 demonstrations (political protests, state celebrations etc. ) in the last 4 years • More than 1000 working hours and 60 DVD shooting

Findings of the Ombudsman • Until 2010: high profile crowd management (riot gear, fences, often tear gas, batton etc. ) • Preventive limitations (use of cordons to isolate groups of demonstrators, controlled entering, controlling the cloth and bags) • Since 2010: stricter regulation, low profile crowd management

Results and expectations • Appr. 30 ombudsman reports (concrete recommendations, initiations) • Conferences, worshops, publications • Positive change in police practice • GODIAC-Project: (EU-support, participation of different authorities/organisations from 15 countries, 10 on the spot examinations)

Thank you for your attention!