Because it is not for them to provide solutions
By Salil Tripathi
[Background: This is Salil’s response to the criticism that “human rights folks, at least in India, are terribly context insensitive. In practice, you can’t even talk about enjoying human rights (as opposed to possessing them) unless the state is capable of maintaining rule of law. By relentlessly criticising the government, and not having much else by means of a positive solution (beyond platitudes), human righters are hampering what capability that already exists. That’s contradictory. That they have for company, intellectuals who condone and incite political violence in the name of whatever cause, makes them all the more suspicious.”]
Human rights folks will be unreasonable, everywhere, to restrain the state. This is not to defend them, but to explain where they come from. The moment they become “solution providers” they have to begin modifying the message and make it more context-specific. Once they do that, the moral sharpness of their message—that the victim is most important (and they sometimes exalt victims to a holy status)—is lost. This is not to judge victims or human rights groups.
Whether it is ACLU or the Center for Constitutional Rights defending the indefendable folks in Guantanamo Bay cases, or Liberty supporting some committed Jihadists in Belmarsh jail in London, they see their role as defending the indefensible, so that the rest of us won’t get caught out. If they were to begin appearing reasonable, they’d lose resonance. More important, nobody will be speaking out for the innocent who will otherwise go to jail. (Pastor Nimoller’s poem about not speaking out when they came for
gays, leftists, Jews, etc).
Guantanamo prison, like Abu Ghraib, has many bad people. But it also has some innocent people. The state should not be allowed to get away with that.
I remember reading about Wei Jingsheng, the Chinese dissident, who had to leave China – after several years in jails. In “Bad Elements” Ian Buruma paints a very gripping and vivid picture of him—of Wei driving through red lights in America, ignoring traffic discipline; smoking in places where smoking is banned. He is stubborn, because the only way he can deal with authority that he has known—China—is by being uncompromising. It does make him look “uncouth” in civilized company.
And yet, unpleasant though he might be, Wei matters. Just as Solzhenitsyn matters even though when he came out of the Gulag, and once he started talking about Mother Russia, he sounded like an embarrassment.
The point about human rights activists in India is that like Teesta Setalvad, Sandeep Pandey, Aruna Roy, Binayak Sen and others, should remain unreasonable. Let the think tankers and policy-makers become practical. Because otherwise, everyone will support the idea of safety-over-liberty, and we would all be losers.
This is, again, not to defend or condemn the human rights brigade, but to explain why they are the way they are. In some ways, they are like evangelists, which makes them suspect for some, saviors, for others.
However, there is some awareness growing among human rights folks, that they should not forget victims of terror. If you see Amnesty International, they issued a statement after Jaipur blasts in which they condemned those who committed the acts. They called 9/11 “a crime against humanity”. At a recent human rights seminar in London, two important things came out: one, that if human rights lawyers don’t need to explain why torture is bad (because it is, period), why can’t they also argue that terrorism is
bad, period? Why do rights advocates contextualize terrorism? Why do they call it “the weapon of the powerless” when those who perpetrate terror are extremely powerful, often woman-hating neanderthals (my words)? Why do victims of torture get elevated when they are themselves human rights abusers, to the status of human rights defenders and get honored? Yes, they are victims when they are tortured or detained without due process of law, and they should get legal access and not get tortured. But they need not be on a pedestal. Merely because you were in Gitmo does not make you qualify for the Nobel Peace Prize.
I suppose it is that correlation/causality argument again, right? Joyce, his hand, kiss, writing, doing a lot of other things?