SPEECH BY HER EXCELLENCY THE PRESIDENT OF INDIA, SHRIMATI PRATIBHA DEVISINGH PATIL, AT THE INAUGURATION OF THE INTERNATIOAL CONFERENCE OF JURISTS ON INTERNATIONAL TERRORISM AND RULE OF LAW, 2009

New Delhi, 21st November, 2009

Ladies and Gentlemen,

I have great pleasure in inaugurating the International Conference of Jurists on International Terrorism and Rule of Law and sharing my thoughts on an issue of global importance. That a galaxy of legal luminaries, world leaders and academicians have come from far and wide to deliberate on terrorism is in itself an inspiring attestation of our faith in the rationality of humankind which has always aimed to create a safe, secure and prosperous world for the present generation and for posterity. I congratulate the recipients of the International Jurists Awards and the National Law Day Awards, an acknowledgement of their quest to advance the frontiers of jurisprudence and improve the administration of justice.

India has been a frequent victim of terrorism for over two decades. Besides inflicting large-scale physical casualties, terrorism also poses a grave challenge to the essential elements of civil society like peace, democracy, individual liberty and freedom of thought and expression. Terrorism violates everything that a civilized society stands for. Characterized by irrational violence and horrific destruction, terror strikes have without impunity harmed innocent civilians. The scale and nature of terrorist onslaughts are a grim reminder that it has assumed a lethal global reach and all States, whether small or large, are potentially vulnerable.

Ours is a pluralist society. As a vibrant democracy of more than one billion people, India takes pride in its multi-cultural, multi-ethnic and multi-religious milieu. A democratic ethos infuses the life of the Indian people and the nation. Through respect for plurality and democracy, India celebrates its unity in diversity. We remain firmly committed to democratic governance, the rule of law, respect for human rights and religious freedom. India always had a vision and message for the world. From the very beginning of our civilization we have believed that the world is one and humanity is a single family. As a responsible member of the international community, the conduct of our foreign relations since independence has been to promote peace and development and create a better world, free of terror. We have pledged ourselves to a policy of zero-tolerance towards terrorism, from whatever source it originates, wherever it strikes and whosoever it chooses as target.

In conjointly fighting terrorism, we ought to make it loud and clear that no idea, no cause whatsoever, can justify terrorism. Questions like 'good' or 'bad' terrorism should not be entertained for such distinctions are coloured and tainted by bias, prejudice and narrow thinking. Terrorists belong to no religion for they are not apostles of peace but messengers of death and destruction. We have to be overwhelmingly careful that terrorists do not succeed in their evil designs of sowing seeds of misunderstandings and causing fractures between cultures in the international community. Instead, we must steadfastly work towards building bridges of understanding between the different cultures of our planet based on respect for rule of law, the protection of democratic values and strengthening of common institutions.

Global problems call for global response. Terrorism is a perverse global phenomenon and the struggle against it must be carried to the world stage. In the modern world, distance and time do not provide insulation from the reach of terrorism. Terrorism easily transcends borders and thus becomes a transnational crime. Being a crime against humanity, it ought to be recognized as a common enemy of all nations. A terror threat against one, is a threat against all. The global counter-terrorism efforts may be an arduous and lengthy campaign, but must persistently target the entire global network. Countries must individually own up responsibilities, as must the international community, in collectively defeating terrorism and not deflect responsibility on to non-state actors. The responsibility to deal with them lies with the State from which they operate as it is the sanctuary, support and finances that they receive, which sustains their heinous and perverse acts.

Besieged by the threats of terrorism and the new challenges thrown up by it constantly, it is incumbent on the international community to ensure that there is an effective legal framework for the prevention and elimination of terrorism and to bring to justice the sponsors, abettors and perpetrators of terrorism. With the world rapidly becoming a global village and distinction between international law and municipal law becoming thinner on issues like international terrorism, the time has come for us to allow international law to guide our path. This is not to deny the need of sound national laws and domestic administrative regulations and procedures incorporating counter-terrorism practices.

Let us remain mindful of the fact that only by maintaining, respecting and protecting enforceable international law, that we can expect international law to enable us to realize the vision of a safe, secure and harmonious world, united by a common core of fundamental principles. Our country welcomes every step that supports the notion of inter-dependence and unity of the human race. Article 51-C of our Constitution enjoins upon the State that it shall endeavour to promote peace and security and foster respect for international law. I am pretty sure that most of the world's Constitutions also embrace this precept and I hope all of you here would meaningfully deliberate on how to champion this idea comprehensively, effectively and successfully.

All of us here will appreciate that respect for the rule of law is the cornerstone of any civilized society and having a just and equitable international order is of paramount importance. The international legal community needs to forge a consensus on anti-terror laws. I am aware that differing theories and ongoing debates have impeded an internationally acceptable definition of terrorism. But we cannot shy away from this challenge. It is only normal that we may not agree on each and every aspect of counter-terrorism measures contemplated. That we sometimes choose to disagree, should not be looked upon by others either as a sign of weakness or a lack of will. In fact, it is a sign of our strength that we are in a position to discuss threadbare issues of such complexities and testifies that we are united in our thoughts and actions on the essentials of combating terrorism.

You are a diverse group representing various legal traditions and various fields of expertise. We need fresh ideas and creative thinking to provide a strong edifice to international law and to maximize complementarities amongst nations. An onerous responsibility devolves upon you all, to consensually come up with a broad spectrum response, resting upon the pillars of effective multilateralism, international cooperation and defence of legality and human rights. We need to work towards universal ratification and full implementation of international conventions and protocols related to terrorism including the 13 different sectoral UN Conventions and Protocols. In 1996, India had proposed a Comprehensive Convention on International Terrorism as a legal instrument to cover all aspects of terrorism and to ensure effective international cooperation. It is high time that the ongoing discussions in this regard are taken to their logical culmination.

Some other issues which merit special focus would be the financing of terrorists, money-laundering and regulation of charities besides printing and circulation of fake currencies. There is a growing nexus between narcotics, drug trafficking, illegal gunrunning and terrorism. Terrorists utilize sophisticated communication technologies and indulge in cyber terrorism. The related laws need to be strengthened. Rise in the incidents of sea piracy disrupting mercantile shipping and their possible linkages with terror operatives, needs to be factorized while looking at port security laws and maritime conventions. At the same time, intelligence gathering and surveillance systems have to be beefed up and coordination issues at the functional level between various agencies within each country and at inter-governmental level needs to be squarely addressed. We must evolve a system of sharing best practices amongst criminal justice practitioners across regions and across legal systems, besides providing for country based capacity building assistance for rounded implementation of international legal instruments against terrorism.

I would again reiterate that we must be pro-active, committed and persevering in our actions to combat the global threat of terrorism. We owe this to the people we serve and to our future generations. I am sure this Conference will produce a wealth of ideas, information and experiences to assist us all in this common endeavour to counter terrorism and uphold the supremacy of the rule of law and bring about safety, peace and prosperity on the planet.

Thank you.

Jai Hind