Interventions made during the 53rd Session of the Sub-Commission on the Promotion and Protection of Human Rights, Geneva, 30 July to 17 August, 2001
Question of the human rights violations and fundamental freedoms. including practices of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Sub-commission under Commission on Human Rights on Human Rights resolution 8 (XXIII)
Mr.Chairman,
The population of Pakistan consists of 97 percent Muslims and 3 per cent minorities made up of Christians, Hindus, Sikhs, Ahmadies, Scheduled Caste and others.
Pakistan is involved in all kinds of human rights violations against its people and remained unable to formulate, develop and implement an International rule against human rights violations. Human Rights in the country are largely evaluated based on religious affiliation and today Pakistan is a symbol of intolerance, human rights abuse, Islamic fundamentalism and terrorism.
The victims of violations include members of all social classes, groups, ages and professions particularly the Christians, Ahmadies, Hindus and other minorities. Social and religious discrimination against religious minorities exist at a very high level. There are still places where non-Muslims are not allowed to use the same utensils and tables and are refused services at barbershops. Discrimination at work place is very common. Promotions and salary increments are blocked for the non-Muslims.
Politically, lives of the religious minorities have been downgraded through the system of Separate Electorate, imposed by General Zia Ul Haq in 1985. Under this system, member of the religious minorities can neither vote for Muslim candidates nor can they stand as candidates in Muslim electorates. The separate electorate is an apartheid system based on religion. For religious minorities, this electorate system has proved catastrophic, leading to enhanced religious intolerance which is evident in the increased attacks on properties belonging to religious minorities, their places of worship and women of minority groups. There is also a growing rate of registration of blasphemy cases against the religious minorities.
The social subjugation, economic deprivation and religious discrimination of the religious minorities are due to the absence of equal rights in Pakistan.
Pax Romana recommends:
Working Group on Military Tribunal in East Timor/Indonesia
Thank you Mr. Chairman,
Pax Romana would like to congratulate the report prepared by Mr. Louis Joinet on the issue of Military Tribunal. This issue has become a central issue in many countries, especially in countries where the role of military is exceeding its capacity to guarantee the national security.
I would like to draw your attention to case of Indonesia, where the military, instead of protecting the security of its citizens, it often violates their rights. We still remember it very well, the case of East Timor, where the Indonesian military was involved in the occupation of this nation and participated in the violence as East Timor voted for their independence. Other abuses by the military include the massacre of the Muslim protesters in Tanjung Priok in Jakarta in 1984, the disappearances of NGO and student activists in 1997 and 1998, and the shootings of the students during the peace demonstration in 1998. The actions of the military in Aceh, Moluccas and West Papua are clear examples of the excessive using of the military power to the people.
Nevertheless, there is no significant tribunal conducted to prosecute the military leaders and the security forces. The tribunals that do exist are only for the low ranking security personnel, with no adequate tribunal for their commanding officers. As a result, these tribunals do not touch the real problem. The Indonesian government fails to bring the military commanders who are the masterminds of those crimes against human rights. This creates a culture of impunity for those military commanders.
Therefore, Pax Romana calls upon the working group of the Sub-commission to continue its study on military tribunals with particular interest to Indonesia.
Thank you Mr. Chairperson.
The Right to Popular Participation
Mr. Chairperson,
Pax Romana welcomes the excellent report of Mr. Oloka-Onyango and Ms. Udagama on Globalisation and its impact on the full enjoyment of human rights (E/CN.4/Sub.2/2001/10). We also welcome the statement of Mr. Guisse on the necessity of further study on the promotion and the realisation of the right to drinking water.
Regarding the report by Mr Oloka-Onyango and Ms Udagama, Pax Romana would like to raise the issue of the realisation of the right to popular participation in the process of globalisation.
Two weeks ago, I was personally in Genoa. I saw a number of young people, farmers and women from many parts of the world on the streets and I managed to talk with some of them. One university student said that he could not afford the high tuition fee any longer after privatisation of education, one middle-aged farmer complained of decreasing price of cheese since TNCs' entered into the domestic market and one young lady said she was the first kicked out from her job after Structural Adjustment Program. Some argued that the third world debt should be cancelled for the reparation for the colonial history. Most of them argued about the right to education, to food and to work in a peaceful way.
For those people whose human rights were disregarded, the only way to transmit their political opinions to those far and high isolated intergovernmental institutions was to flow to the streets to voice their frustrations. They feel that protesting is the only way of expressing their frustrations over the fact that globalisation brings the feeling of insecurity because of the uncertain future, the lack of access to higher education and unemployment. There is no substantial participation at all levels. However, the response of G8 was a brutal repression beyond necessity with disproportionate use of force leading towards the denial of the right to assemble, the right to express and even the right to life.
Mr. Chairperson,
The right to popular participation in political and economic decision should be respected for the realisation and promotion of the right to self-determination and the right to development. The participation of civil society in intergovernmental spheres has played an essential role to promote and protect human rights. However, most of the multilateral institutions, which are leading the phenomenon of globalisation, do not have any channel to guarantee the participation of civil society. Moving the venues of meeting to the peak of a mountain or the centre of a desert to escape from lousy protesters and isolating themselves from civil society is not a solution.
Those multilateral institutions including IMF, World Bank, WTO and G8 should establish a substantive mechanism enabling dialogues with civil society such as with the NGOs that have consultative status at the United Nations.
We, Pax Romana, urge the Sub-commission to discuss the right to popular participation in the process of globalisation in a serious manner during its Social Forum.
Thank you Mr Chairperson.
African-American Voter Disenfranchisement in Florida (U.S.); Dalits & Caste based discrimination; Non-Citizen Indigenous Children of Thailand
Mr Chairperson,
We would like to draw your attention to Article 2.3 of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious & Linguistic Minorities, which states that persons belonging to minorities have the right to participate effectively in decisions on the national and regional level concerning the minority to which they belong to.
In the United States, more than half of the 180,000 rejected ballots in the State of Florida in the 2000 Presidential election were African-American votes. The Florida election was decided by less than 500 votes; Florida was the decisive and last state in the closest election in American history. This election was achieved the old-fashioned way in American Electoral Politics --- On the backs of black folk.
This huge disparity in discarded votes is a poignant reminder that we are indeed two Americas - not only with regards to education, health-care, housing, access to jobs and our much talked about prosperity, but most importantly with regards to voting.
The African-American turnout in Florida was as astounding 65 person higher than the last presidential election in 1996. African-Americans were mobilised for this election. Unfortunately this mobilisation was thwarted.
After my country had endured nearly a century of systematic resistance to the 15th amendment (which guaranteed men the right to vote regardless of race or previous condition of servitude or in today's terms `work and descent') Congress passed the Voting Rights Act of 1965. And I'm sure that this distinguished body is aware of the many lives that were lost in achieving the passage of the Voting Rights Act of 1965, including but not limited to the Hon.Rev.Dr.Martin Luther King, President John F. Kennedy, Brother Malcom X and Medgar Evers.
Approximately 11 per cent of Florida voters were African American. However, African Americans cast about 54 per cent of the 180,000 rejected ballots in Florida during the November 2000 election based on estimates derived from country supervisors of election.
Black voters were 10 times more likely than non-black voters to have their ballots rejected. A total of 14.4 per cent of Florida's black voters cast ballots that were rejected as compared with 1.6 per cent non-black Florida voters.
In an unprecedented move, Florida hired a private company to purge its voter rolls for convicted felons and deceased persons. The list disproportionately contained African- Americans. But the list supplied by the company was riddled with inaccuracies - once again disproportionately penalising African-Americans. Poor countries, particularly those with large minority populations, were more likely to possess voting systems with higher rejection rates than the more affluent countries with significant white populations.
Mr.Chairman, as newly confirmed Assistant U.S. Attorney General for Civil Rights Ralph Boy stated on August 6th 2001 before the Committee on the Elimination of All Forms of Racial Discrimination, that the irregularities herein referred to in this Intervention were not limited to the State of Florida but occurred in the State of Georgia and were pervasive throughout States in the United States of America.
This administration has shown that it is not responsive to black issues in America or abroad as demonstrated by the positions taken by the U.S. delegation representatives of the White House, Department of State & Department of Justice in connection with their negotiations in the Prep-Com Sessions for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance. While representations of this delegation present an African-American face, they do not speak for this minority group in American Society.
African-Americans will never concede to or accept any government past or future that disenfranchises the voting rights of peoples of African Descent as legitimate. This is a matter of extreme concern to the African-American community. Recently, the former Florida Bar President Herman Russomanno stated, "Ultimately, the success of our legal system depends on the public's trust and confidence that it dispenses justice fairly".
Mr.Chairman we recommend that the Sub-Commission prepare a working paper to study the effective participation of peoples of African Descent in all parts of the world.
Pax Romana welcomes the working paper by Mr. Goonesekere(E/CN.4/Sub.2/2001/16).
It marks an important stage in the overall action for the elimination of racial discrimination. More specifically, CERD has raised this issue consistently. At the current CERD meeting, the High Commissioner for Human Rights pointed out the Committee's repeated criticism of national legislation for not addressing discrimination on the grounds of descent, reinforcing that `descent' has its own meaning and is not to be confused with race or ethnic or national origin.
Pax Romana has seriously taken up this form of discrimination based on descent and work, specifically in relation to the Dalits in India. While being aware of national legislation and practices in India, Pax Romana underlies that the Dalits in India continue to suffer multiple discrimination on account of their work and descent. As Mr.Goonesekerenotes in para. 26, "the laws are there, but there is a clear lack of will on the part of law enforcement officers to take action". More than 75 per cent of the cases under The Schedule Castes/Scheduled Tribes Act are being in acquittal at all levels". This form of Discrimination in the administration of justice often nullifies whatever laws exist or affirmative action taken.
The issue of Discrimination and Administration of Justice has been raised by Ms. Zerrougui in a paper of the Working Group on Administration of Justice in this session. These forms of discrimination are widespread in other parts of Asia as well as in other regions. These situations become more aggravated in the case of inter sectoral discrimination, namely Dalit women and girls.
We appeal to the Sub-commission to continue its work on discrimination based on work and descent both through Mr. Goonesekere and through its working Group on the Administration of Justice. These recommendations would enhance effectively the Programme of Action of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban.
We welcome Mr. Weissbrodt's preliminary report on the Rights of non-citizens
(E/CN.4/Sub.2/2001/20 and add 1) in paragraph 103 which among others, stated the obligation of State parties to respect and ensure the rights set forth in the present Convention to each child within their jurisdiction. Having said that, Mr Chairperson, we would like to draw your attention to the case of the non-citizen indigenous children in Thailand.
Although the non-citizens indigenous in Thailand have access to basic education up to the age of 12, they are not given certification upon completion of their studies. Thus, it is difficult for them to further their studies. This will also stifle their opportunity to secure gainful employment.
Mr Chairperson, since Thailand has ratified the Convention on the Rights of the Child, we urge Mr. Weissbrodt to take into account such situation.
We also urge that the Working Group on Minorities continues its study of the effective participation of minorities in national and regional decision-making.
Thank You
Treatment of Refuges and the right of displaced people to return Chenchnya and African Countries
Mr Chairperson
Under this item, Pax Romana wishes to raise an important issue that has been cross-cutting into most of the agenda items of the present session of the Sub-commission as well as in the previous years, namely, the right to self-determination of peoples.
In this presentation on Promotion and Consolidation of Democracy, Mr. Cuadros mentioned the role of the right to self-determination in the seventies in dealing with democracy. And Ms. Kouffa in her concluding observations contained in Document E/CN.4/Sub.2/2001/31 states "to reduce terrorism" that "all efforts must be made to address better the realisation of human rights, in particular, in relation to self-determination, racism, internal ethnic and political representation and class-based economic or cultural divisions in society. The same right has been in the forefront regarding the political participation of minorities and indigenous peoples within existing democracies of member States.
In its recent seminar before the Sub-Commission, Pax Romana along with UNPO, the Saami Council and the UNESCO Centre (Barcelona), looked at the intrinsic relation between the promotion of the right to self-determination and the advancement of democracy and good governance at all level.
Mr Chairperson,
The 1993 Vienna Declaration and the Programme of Action in para 2 clearly affirms the relation between self-determination and democracy by placing a positive obligation on States to have a representative and participatory government that represents "the whole people without distinction of any kind". A State that gravely violates its fundamental obligations loses the legitimacy to govern them.
The contents of democracy, good, governance and representative government are constantly expanding. Nowadays, instead of being reduced to a simple majority rule, democracy will be upon its provisions to allow for the participation in decision making of minorities, indigenous people, women and others. In this sense, the right of self-determination is a right of choice and of participation. In other words, it is governance based on consent.
Given all the above considerations, Pax Romana once again proposes that the Sub-commission will eventually take up an expanded study in order to update its earlier reports with a thematic and horizontal overview in relations to other agenda items of the Sub-commission.
This overview should lead to an updated view on the right to self-determination as well as on how treaty bodies and other UN mechanisms can effectively implement it.
Already, the Committee on Economic, Social and Cultural Rights is asking the State parties how they are implementing Article 1 of the Covenant, which states "all peoples have the right to self-determination".
By virtue of their right, they freely determine their political status and freely pursue their economic, social and cultural development. Above all, it would contribute to prevention of conflicts.
Mr Chairperson,
One of the main principles of the Charter of the UN is the principle of non-discrimination. This principle is mentioned in many Conventions and declarations on Human Rights. The importance of this notion is more evident in the case of armed conflicts where the victims are essentially innocent civilians. Armed conflicts negatively affect vulnerable groups such as refugees, asylum seekers and displaced people. These groups need adequate assistance and protection not only by their countries of asylum but also by the international community.
Unfortunately, we continuously witness gross violations of their rights. In many cases, reported and unreported, refugees have been victims of brutality by government officials and/or nationals of their countries of asylum.
The case of the Chechnya refugees needs a particular attention. According the report produced by the UNHCR the number of refugees who were forced to leave their homes and sought refuge in neighbouring countries is estimated at 250,000. They live in refugee camps which are alarmingly overcrowded and where the conditions of life are unbearable. May we recall that these refugees include unaccompanied children, orphans, widows, old people and other vulnerable categories of people.
Since April 2001 there is no distribution of hot food and bread, clothes and other basic facilities, which make their lives miserable, especially during cold weather. The humanitarian assistance proposed by different organisations is insufficient because of the difficult access to the territory of Chechnya and Ingushetia. Some of these people try to find the asylum in the different parts in Russia but the Russian authorities often refuse to give the official papers. And without these papers the people are often arrested based on their nationality. During detention, the Chechen refugees are beaten and humiliated by the police.
Pax Romana also wishes to express its concern on the regrettable incident, which occurred in Central African Republic this year. During and after the failed military coup against President Ange Felix Patasse, refugees of Rwandan origin were harassed by government officials and local people on the allegation of Rwandan involvement in the coup attempt.
Some of the refugees were brutally killed and others are reported missing. This reaction was a sign of xenophobic and discriminatory behaviour against refugees and should be investigated.
In Malawi, an order was issued this year to stop refugee-owned minibuses from operating on the Malawian territory. This order has a socio-economic implication and violates a provision of the 1951 Convention, which stipulates that refugees should be given treatment at least as favourable as that accorded to the nationals. Article 18 specifies the right of refugees to self-employment.
Pax Romana draws the attention of the Sub-commission to the rate of unaccompanied children refugees, which is on increase in European countries and demands the Sub-commission to urge the relevant authorities to provide appropriate care and assistance to these children.
Pax Romana expresses its concern and asks the Sub-commission to persuade the Russian Federation, and other countries hosting refugees, to execute their international obligations, to assume the protection and safety of the refugees and their access to adequate supplies of basic essentials such as food, clothing, medical care and adequate shelter and to recognise the rights of refugees and other vulnerable persons - victims of conflicts.
This year marks the 50th Anniversary of the Convention on the Status of Refugees. Only 137 States have ratified this Convention today, Pax Romana urges the Sub-commission to encourage those States yet to sign and ratify it, to do so.
Thank you Mr Chairperson.
Dear Chairperson,
The proposal for creating a Social Forum by Mr. Bengoa is quite a commendable one.
In our reflection, some invisible actors take decisions in the world while their impact spread to whole population who have no choice. These decisions cover economic, social, political and cultural facets of life. The situation of powerful policy makers and poor victims of the policy is what we are experiencing. This, to us, would be the basis for the Social Forum.
In creating the Social Forum, clear objectives are needed. We propose a few:
The Social Forum should not be a mere talk shop but it has to contribute to a concrete approach to issues. The forum should not engage in abstract intellectualism. This was well expressed in the preliminary discussion on Monday 13th August on the Social Forum.
We propose the following for the 1st Session of the Social Forum in 2002:
On method, the social forum should be interactive. Different perspectives would be accommodated including an opportunity for questions and debates.
With regard to participation, the people represented would have an equal chance/opportunity in presenting their views. It should not be a ground to promote social stratification. Each person would be regarded as equal and treated so.
We call upon the governments, NGOs and other institutions to organise similar forums at their national, regional. The UN agencies in the different countries would need to be more involved and informed in order to facilitate the dissemination and exchange of information particularly information related to human rights.
NGOs are encouraged to recruit members from the grassroot groups to attend the Social
Forums for a more authentic presentation of the situation they face. For instance, a representative from the forum of the poor in Bangkok is more intimate with the predicament of the poor compared with a senior urban NGO leader.
Thank you.
Mr Chairperson and distinguished speakers,
We would like to draw your attention to our concern as young people regarding the issue of globalisation and multilateral institution. As expressed by many of the experts in the Sub-commission, especially in the report prepared by Ms Udagama and Mr. Oloka-Onyango, that a greater respect to human rights should be given by the multilateral financial institutions.
Mr. Chairperson and distinguished speakers,
We, young people, feel that the structure and the mechanism of the global market place us in a weak position. We become the main target of the globalised market, where young people are targeted to be the community of consumers. On the contrary, the multilateral institutions as the motor of the globalised market, never consult us. They do not ask what we think, what we feel, what we want.
We do not have any channel to express our concerns. We feel frustrated due to the fact that there is insecurity, uncertain future, inaccessibility to higher education and the problem of unemployment. We see, witness and feel that many of the policies of the multilateral institutions lead to the violation of our rights, the human rights. This fact makes us take the alternative way, which also becomes the only way for us, to go to street protest and to be heard. Nevertheless, instead of being heard, the respond given to us was the use of excessive and disproportionate force like in Genoa.
Therefore, we, Pax Romana would like to ask this forum to seriously discuss the popular participation of civil society in multilateral institutions and set a mechanism where popular participation, including the voice of the youths, is ensured.
I thank you Mr.Chairperson.