Yael Danieli, Ph.D.
Clinical Psychologist and Traumatologist
Past President, Senior Representative to the United Nations of the International Society for Traumatic Stress Studies
345 East 80th Street (31-J)
New York, N.Y. 10021
Tel. (212) 737-8524 Fax (212) 628-2086 Email:
June 9, 2005*
Dear colleagues,
I write to you with profound and urgent concern regarding the omission from several important documents that have been released in the lead up to the Millennium plus 5 Summit in September 2005 of any mention of the rights and needs of victims as well as the related rich understanding developed in the fields of mental health and trauma. These include the Report of the High-Level Panel on Threats, Challenges and Change [A more secure world: Our shared responsibility], the Secretary-General’s report In Larger Freedom: Towards Security, Human Rights for All, the UN Millennium Project 2005. Investing in Development: A Practical Plan to Achieve the Millennium Development Goals. Overview as well as the draft outcome document for the High-Level Millennium Review prepared by the President of the 59th Session of the United Nations General Assembly Jean Ping.
These documents failed to capitalize on some of the United Nations’ own stellar achievements in these areas, outlined below, and on the rich understanding and evidence accumulated by the fields of mental health and trauma. As world leaders prepare to meet in September to discuss reform of the United Nations at its 60th anniversary, it is critical that the impressive advances made to date in victim rights and care are adequately reflected in the official documentation prepared for the Summit. Accordingly, I urge you to lend your support to ensure that the necessary changes are made to the final draft outcome document for the Summit.
Below is a short summary of the trajectory of victim rights at the United Nations in the last two decades. Regarding the relevance of mental health and trauma studies to the UN Millennium Project 2005, I am prepared to provide ample evidence from these fields to augment the final report.
It is crucial that the final outcome document prepared by General Assembly President Jean Ping for the High-Level Millennium Review not continue to omit mention of victims and their core concerns, thereby belying both our commitment to them and the growing scientific body of evidence-based support for their and our care.
The United Nations achievements on behalf of victims began in 1985 with the adoption by the General Assembly of the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (40/34), the so-called magna carta for victims. Although it was conceived and drafted in the then Crime Branch, the Declaration was listed as well by the Commission on Human Rights as a human rights instrument.
The Commission on Human Rights then developed the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Resolution 2004/34 Rev. 1 October 2004) which was adopted on 13 April, 2005. During the same session, in April 2005, the United Nations Human Rights Commission also took note, with appreciation, of the recently revised Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity, updated by Professor Diane Orentlicher ( E/CN.4/2005/102/ADD.1). This set of principles includes the right to know, the right to justice and the right to reparation/guarantees of non-recurrence.
Based theoretically on the above, and practically upon both the positive as well as negative practical experiences of the ad hoc Tribunals for the former Yugoslavia and Rwanda, the sections relevant to victims in the Statute and rules of the International Criminal Court (ICC) realize the most progressive provisions for victims in any international court, in fact, in international law. Moreover, it is the provisions for and the role of victims in the ICC that makes the ICC unique.
Finally, the Security Council has acknowledged the gap in international deliberations on combating terrorism regarding the neglect of the aftermath to the victims of theirexperiences of terrorism and their subsequent role in its Resolution 1566adopted8 October, 2004(S.RES/1566 (2004). Para. 10. of the resolution
"Requests further the working group, established under paragraph 9 to consider the possibility of establishing an international fund to compensate victims of terrorist acts and their families, which might be financed through voluntary contributions, which could consist in part of assets seized from terrorist organizations, their members and sponsors, and submit its recommendations to the Council;"
Kofi Annan, the UN Secretary-General himself acknowledged the frequent neglect of the victims in his message to the launch of the book “The Trauma of Terrorism…”* at UN Headquarters, New York, on 1 March, 2005. He stated that “In the vital debate about how best to respond to terrorism and prevent further attacks, the fate of those who survive terrorist attacks is too often neglected. Too often, they are either ignored altogether, or paraded as totems or “martyrs,” proving the iniquity of one side in a conflict and (at least by implication) the virtue of the other.
Yet these are people with real injuries – some physical, some mental. They are entitled to treatment, to compensation, and above all to respect, as individuals whose rights have been violated, and whose voice should be heard. We at the United Nations are especially conscious of this, since many of us were injured or traumatized in the attack on our headquarters in Baghdad the year before last.”
In Madrid, Spain,on 10March2005 the Secretary-General in his keynote address to the closing plenary of the International Summit on Democracy, Terrorism and Security - "A Global Strategy for Fighting Terrorism,"* repeated this plea. He concluded what he called the first D (dissuading disaffected groups from choosing terrorism as a tactic), with “Finally, we must pay more attention to the victims of terrorism, and make sure that their voices can be heard. We at the UN especially are conscious of this, having lost beloved colleagues to a terrorist attack in Baghdad two years ago. Last October the Security Council itself, in its Resolution 1566, suggested an international fund to compensate victims and their families, to be financed in part from assets seized from terrorist organizations, their members and sponsors. This suggestion should be urgently followed up.”
The last [fifth] D (we must defend human rights), refers only to suspects’ or perpetrators’ rights, not to victims’ rights (see aforementioned UN instruments).
But he did conclude his full address by invoking the commemoration on the first anniversary the following morning of the 192 innocent people murdered and almost two thousand others injured in the terrorist attack in Madrid, expressing solidarity with their families, friends and with the Spanish people, and also remembering “the victims of 11 September 2001, and those of other terrorist attacks in Dar-es-Salaam, Nairobi, Tel Aviv, Bali, Istanbul, Riyadh, Casablanca, Baghdad, Bombay, Beslan – indeed, all victims of terrorism everywhere, no matter what their nationality, race or creed.”
The Secretary-General acknowledged that “Some injuries can be healed with the passage of time. Others can never heal fully – and that applies especially to the mental anguish suffered by the survivors, whether wounded in body or, by the loss of their loved ones, in spirit” And that “words of sympathy can bring only hollow comfort… no one who is not directly affected can truly share the victims’ grief.” He urged “At least let us not exploit it. We must respect them. We must listen to them. We must do what we can to help them…We must resolve to do everything in our power to spare others from meeting their fate. Above all, we must not forget them.”
However, the UN News Centre, in its March 10 report entitled, “Annan lays out detailed five-point UN strategy to combat terrorism”** did just that: It omited any of the Secretary-General’s references to victims, their needs and concerns.
Furthermore, with regard to the fourth D (develop state capacity to prevent terrorism), our book, “The Trauma of Terrorism…”** also demonstrates that the best defence against bioterrorist attacks lies in strengthening public health, which places local health systems in the front line. I agree wholeheartedly that we need a major initiative to build such systems in poor countries. But preparing and responding for this horrific threat necessitates special training for all public health professionals, sometimes the revamping of the health/mental health systems, in rich countries as well. For example, we know that bioterrorism is likely to create casualties presenting a mix of symptoms related both to the biologic agent and to the terror experienced, and medically unexplained physical symptoms that will challenge patients, clinicians, scientists and policymakers. we also know that the psychological casualties of bioterrorism far outweigh the physical ones, and that the long-term social and psychological effects of bioterrorism are as likely to be as damaging as the acute ones, if not more so.
Respectfully,
Dr. Yael Danieli
* Portions of this letter were originally sent to those working on the Secretary-General’s last draft report on February 2, 2005, to no avail.
** Danieli, Y., Brom, D. & Sills, J.B.(Eds.).(2005). The trauma of terrorism: sharing knowledge and shared care, An international handbook. Binghamton, NY: The Haworth Press Inc.
This book comprehensively presents the findings, up to date, from around the world on the trauma of terrorism in general, and the toll it takes on its direct and indirect victims – individuals, families, communities, nations, and the international community – and programs to help them and promote their psychosocial security, as an integral part of (homeland) security.
*** http://www.un.org/apps/sg/sgstats.asp?nid=1345
**** http://www.un.org/apps/news/storyAr.asp?NewsID=13599&Cr=terror&Cr1=&Kw1=high%2Dlevel+panel&Kw2=&Kw3=