There is no conflict between human rights and national security. It is only a question of application, said a former Indian judge at the Human Rights Commission of Malaysia (Suhakam) annual conference in Kuala Lumpur today.

In holding that "human rights are at the core of governance", JS Verma said the degree of respect afforded to human rights is determined by the quality of governance in a country.

"The strong link also determines its ranking and progress," said the former Indian chief justice when delivering the gist of his paper on human rights and the judiciary.

He said the relationship between human rights and the justice delivery system - which falls on the state's shoulders and includes consideration of national security issues - determines the human rights standard upheld in a country.

"The state bears the responsibility for administering laws. Therefore, the implementation and enforcement of the rule of law must also be significant," he added.

Inclusive democracy

Verma, a judge of more than 30 years standing, said the correlation between basic rights and the administration of justice was clear and more so now because "democracy no longer means a majority rule".

"The dignity and worth of an individual being at the core of the democracy, constitutional governance in a democratic setup is the safest guarantee for the protection of human rights and assurance of human resource development.

"Democracy today means fair representation of all segments of society. It means inclusive democracy or the participatory role of the people," he stressed.

Verma said this made the role of the judiciary all the more important to check on the abuses of power or violations of human rights by the state.

According to him, the crucial aspect in juggling human rights and national security issues is to strike a proper balance between the two.

"This is (where) the real role of national human rights institutions (come in). They should function as a catalyst to ensure that a balance is struck consonant with public opinion.

"Ultimately, no one can ignore public opinion, especially governments," said Verma, who is also a former chairperson of the National Human Rights Commission of India.

"National human rights institutions are expected to review laws, influence policies, monitor the implementation of related laws and assist in the administration of law," he added.

He also stressed on the need to uphold basic rights such as economic and social rights.

"It is very important to remember that these rights are non-derogable, even in the worst of times."

Verma said in considering the linkage between human rights and the administration of law, it is necessary to deal with the nature and extent of state responsibility in protecting human rights.

"The basic premise to remember is that human rights are not the gift or bounty of any political sovereign through legislation or edict, but are rights inherent in human existence.

"The purpose of any law dealing with these rights is merely to recognise them, to regulate their exercise and to provide for their enforcement."

He said for the realisation of every person's human rights, it is necessary for each and everyone to perform their corresponding duties.

"Unless all of us perform our duties and discharge our responsibilities, we would not have any rights," he added, citing the Indian constitution that has clearly specified the fundamental rights and duties of the citizens and the state.

Global inequities

Listing the seven essential freedoms derived from the United Nations charter, Verma said the increasing global inequities is also another serious human rights concern, apart from political, cultural and social rights.

"The global inequities must be reduced to ensure that the minimum reasonable needs of everyone throughout the world are met."

He said 55 percent of the world's poor lived in Asia and Africa and survived on less than one or two US dollars a day.

He added that the erosion of the independence of the judiciary in some countries which have seen attacks on lawyers and judges, would eventually weaken the structure for the protection of human rights.

"Commitment of the institutions of governance to the democratic principles is the real safeguard against apprehended dangers.

"The need to strengthen these institutions by vigilant monitoring of the people to ensure accountability and availability of democratic space must be remembered."

He said in India, the Supreme Court and the national human rights body complemented each other's role in upholding human rights, as provided for under the constitution.

The two-day Suhakam conference themed 'Human Rights and the Administration of Law' is in conjunction with the Malaysian Human Rights Day.

The annual conference, which also marks the commission's fourth anniversary, however, failed to be a crowd-puller despite a good line-up of speakers from India, Australia and the Philippines.

Tomorrow will see papers from a police officer, lawyers, judges, law lecturers as well as Attorney-General Abdul Gani Patail.