( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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TERRORISM AND HUMAN RIGHTS OF DISPLACED PERSONS

    1 Author(s):  PANKAJ AGARWAL

Vol -  6, Issue- 8 ,         Page(s) : 89 - 98  (2015 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

No one wants to leave his native place but due to some social, economical or political problems or interference one have to move from its own native place like unemployment, government policies about forest security or building of Dam, corporate establishments, riots, terrorism, autocracy, environmental factors like earthquakes, flood etc. They are called displaced person & have Specific human rights challenges.

1 for example, the Charter of the United Nations, Art. 55 (c), the Universal Declaration of Human Rights, art. 2, and the Vienna Declaration and Plan of Action.

2  A more secure world: Our shared responsibility (United Nations publication, Sales N° E.05.I.5). 
3  In particular, Security Council resolutions 1373 (2001) and 1377 (2001); General Assembly resolutions 48/122, 49/185, 50/186, 52/133, 56/160 and 58/174, as well as its Declaration on Measures to Eliminate International Terrorism (resolution 49/60);  Commission on Human Rights resolutions 2001/37 and 2004/44, Human Rights  Council resolution 6/28 and its recent resolution on the protection of human rights and fundamental freedoms while countering terrorism (28 March 2008). 
4 Human Rights Committee, general comment N° 6 (1982).
5 Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary, 2nd rev. ed. (N.P. Engel, 2005), p. 121
6 Human Rights Committee, views on communication N° 859/1999, Luis Asdrúbal Jiménez Vaca v. Colombia, 25 March 2002 (A/57/40 (vol. II), annex IX, sect. W, para. 7.3).
7 For example, “Updated Set of principles for the protection and promotion of human rights through action to combat impunity” (E/CN.4/2005/102/Add.1). See also Human Rights 49 Committee, views on communication N° 195/1985, Delgado Páez v. Colombia, 12 July 1990 (A/45/40 (vol. II), annex IX, sect. D).
8 European Court of Human Rights, Kiliç v. Turkey, N° 22492/93, Judgement of 28 March 2000, para. 62. See also Inter-American Court of Human Rights, Velásquez Rodríguez v. Honduras, Judgement of 29 July 1988 (para. 174).
9 Delgado Páez v. Colombia: “State parties have undertaken to guarantee the rights enshrined in the Covenant. It cannot be the case that, as a matter of law, States can ignore known threats to the life of persons under their jurisdiction, just [because] he or she is not arrested or otherwise detained. State parties are under an obligation to take reasonable and appropriate steps to protect them. An interpretation of article 9 which would allow a State party to ignore threats to personal security of non-detained persons within its jurisdiction would render totally ineffective the guarantees of the Covenant” (para. 5.5).
10 Further the reports of the United Nations High Commissioner for Refugees: UNHCR, “Addressing security concerns without undermining refugee protection – a UNHCR perspective” (November 2001); UNHCR, Ten refugee protection concerns in the aftermath of September 11, press release, 23 October 2001.
11 UNHCR, “Guidelines on international protection: application of the exclusion clauses:article 1F of the 1951 Convention relating to the Status of Refugees” (HCR/GIP/03/05); UNHCR, “Background note on the application of the exclusion clauses: article 1F of the 1951 Convention relating to the Status of Refugees” (2003).
12 UNHCR, “Note on the cancellation of refugee status” (22 November 2004).
13 A more secure world…, para. 21.

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