Wiretapping: failure of the international standards

It appears like we live in a world where human is being watched as a microscopic creature by super powers all the time. When people are not able to take care of their phone conversations and other communications’ from eavesdropping and spying, they mentally feel naked and unsecured leading to thinking that all perspectives of their life are watched by a being named government or international government

Edward Snowden, a CIA contractor who lately took asylum in Russia, disclosed some secretes which shows that US has been eavesdropping on its allies such as German Prime Minister Angela Merkel. Such spying activities are not limited to Merkel, but tens of other world leaders could also be victim to such activities of US.

On the contrary of what’s claimed, eavesdropping on phone conversations is not only aimed to counter terrorism and organized crimes, but it also intends to keep a control of US on the world and minds of world leaders.

Eavesdropping: a violation of international law

The United States after 9/11 with the pretext of war on terror has violated all international laws and by force has redefined them through its actions, for its own interests.

The universal declaration of human rights which is the divine manual of western democracy and a so-called standard of identifying countries as good and bad by US, points out in its article 12 that: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

International Covenant on Civil and Political Rights also insist on this right, the covenant which came into act on 22 MAR 1976, utters the following in its article 17:

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

The difference between article 17 and 12 is the “unlawful interference” phrase mentioned in article 17 which justifies the lawful interference, if a governmental body perpetrates such an action,it shall gain the proper permit from the court before going through it.

Cairo declaration of human rights in Islam also articulates in second paragraph of article 18:

(b) Everyone shall have the right to privacy in the conduct of his private affairs, in his home, among his family, with regard to his property and his relationships. It is not permitted to spy on him, to place him under surveillance or to besmirch his good name. The State shall protect him from arbitrary interference.

During cold war

During the cold war, US used the universal human rights declaration as a tool against USSR, eastern bloc and China, especially in regards to their actions in limiting the rights of their citizens in communications. Amnesty International in Stockholm, Sweden, in 1977, emphasized on the privacy of human against the followings:

1. All kinds of interference in the private, internal and family life
2. All kinds of interference on physical, psychological and moral and spiritual freedoms,
3. All kinds of interference on his honor and reputation,
4. All kind of bad and mis-paraphrase of his saying and acts
5. The exposition of private life related bad happenings
6. Use of his name, identity and photo
7. All kinds of his activities related to his intelligence work
8. His pursuance and his limitation
9. Disclosing the information which he gave related to his job or his profession

 

Violation of the international conventions

International conventions are more focused on ethical procedures, and enforcement guarantee comes as member countries sing the convention. US can pressurize other countries because for violation of such conventions, while the opposite could not be done. For instance after disclosure of US eavesdropping of German Prime Minister Angela Merkel, Germany just complained and finally accepted the justifications of the US.

Spying on Afghanistan

Edward Snowden who exposed CIA secrets has told that, Afghanistan is a country where phone conversations of all citizens are snooped upon. Therefore we can say that the rights of Afghans have been violated more than any other country. Afghan constitution in its article 37 insists that:

“The freedom and privacy of the private written or telephonic, telegraph or from other means communications of the people are safe from any kind of interference.

The government has the right to access the private communication, otherwise according to the law.”

According to this article if there is a need for observation on people’s conversations, only a legal authority can permit for its recording or hearing not by individuals or by non-governmental organizations. If a foreign country does so, it’s a clear violation of constitution and national sovereignty.