Rule of Law and Fundamental Rights
There is rise in terrorism across the world, especially the Islamic State, which have taken over large tracts of territory in Syria and Iraq. This has led to the refugee crisis – millions of people seeking refuge in European countries including Germany, the venue of the seminar. The future of the Eurozone is in jeopardy. The European Union is grappling with one crisis after another. As a reactionary force, there appears to be a rise in right-wing forces in Europe, in countries such as Poland and Hungary, and elsewhere too; the fear being that long-cherished Democratic rights of the people could be a casualty. There are various other developments all across the world which are threatening the very survival of the little man, the little voter, the little citizen – with a free voice.
And against this tumultuous backdrop, a group of young lawyers, politicians and activists from 23 countries descended at Gummersbach for the IAF Seminar on Rule of Law and Fundamental Rights: the Liberal Approach. It was like getting a bird’s eye view of world affairs and then testing the times against the concepts of Rule of Law and Fundamental Rights.
We tend to become too practical and concentrate on actions without pausing to think about and clarify our understanding of concepts which ought to be the driving force behind our actions. What our very skilful moderators and the group discussions did was to clarify my own concept of what Rule of Law means. We learnt the various concepts of Rule of Law, from the thinnest (Rule by Law) to the thickest (Social Democratic Rule of Law or the fattest, as our liberal moderator preferred to call it), Rule by Law having hardly any safeguards and Social Democratic Rule of Law being a point where the State itself assumes the role of the Father, mother, guardian and regulator. The liberal approach is to prefer a liberal Rule of Law where the State is neither too intrusive, nor too withered away. The citizens are allowed to breathe and grow – the State only creating the fertile ground. I seemed to agree to the approach to a great extent.
The work group requiring us to explain the Rule of law and fundamental rights situation in our own countries enabled me look at India, my country, with an objectivity which I hitherto lacked. I returned as a citizen of my country and much in love with it, yet with the awareness of its deficiencies.
The discussions on fundamental rights and the three generations of Human rights was the one I greatly enjoyed. We poured all our ideas on to the floor and with the help of efficient marshalling of discussions by the mdoerators, we educated ourselves about democracy and democracies and rights and their extents and the general world situation of rights. What I learnt was that the liberals vouch for the first generation rights first and later move on to the second and third generation rights. I disagreed with Dr Rolf, our moderator and said that in my opinion, the first and second generation rights should go hand and hand. What the discussion culminated into is not important – but I took away from the debate a far enhanced understanding of the essentials of democratic thought and endeavour and I am much grateful to our erudite moderators. (Doctor and I have promised to continue our debate by email). To aid our understanding we were introduced to the Rule of Law Index published by the World Justice Project and the Bertelsmann Transformation Index, both of which will be of great help to me in future.
The underlying issue which overshadowed the seminar was the refugee crisis. Important questions about the right to freedom of movement (how free and unrestricted is it) were raised and we deliberated on them. Coming from a country having its own share of migrant and refugee problems, I was able to share my inputs. How far should refugees be allowed unrestricted access to countries like Germany? How far will they be able to blend with german culture? What could be the repercussions if they couldn’t. What security risks could be posed by refugees (with reference to the recent Paris Terror Attacks). We analysed threadbare, the problems – and possible solutions – rationing of refugees, establishing camps in their own countries run by the more developed countries. We also considered the legal aspects, which have helped sharpen my own understanding of refugee and migrant issues, being a lawyer engaged in refugee related work in India.
For 12 days, we were like family. It seemed barriers between cultures, religions, territories had all melted and the fact that we were all human beings possessing the same characteristics of humanity took precedence.
The excursions to Cologne and Strasbourg only increased the bonhomie and also gave us a chance to explore new places, meet new people and witness cultures first hand. We also made an interesting visit to the International Institute of Human Rights where we also became aware of the obstacles language could pose when working in the field of human rights. There can be no Rule of Law and fundamental rights without people. The food and lodging were excellent to say the least. Apart from the seminar proceedings, we had freewheeling yet engaging discussions at the bar and while travelling, sharing experiences from our respective countries. In the modern world, learning is exchanging.
The best aspects about this seminar were its emphasis on practical realisation of all that we were discussing and secondly, the freedom of expression it gave us. The world is becoming intolerant towards diversity and conflict thought yet here we were given an absolutely free forum where we could simply explain and express ourselves in the manner we liked.
Finally, we were asked to prepare project proposals to enhance Rule of Law and Fundamental Rights. We presented our proposals. The moderators were very appreciative.
I went to Gummersbach as a citizen of India and returned as a conscious and vigilant citizen of the world. My outlook has been broadened, the knowledge has deepened, and seeds of truly liberal thought have been planted in my being. I only expect it to grow and guide me in my actions and endeavours towards making the world a better place for ourselves and others.
I am grateful, IAF.