Item 3 : Comprehensive examination of thematic issues relating to the elimination of racial discrimination

Madam Chairperson,

Pax Romana wishes to extend its thanks to Mr. Marc Bossuyt for his report and has read it with interest.

Affrimative Action in Malaysia

The Human Development Report 2000 states that Malaysia is a good example of a successful affirmative action policy (Human Development Report 2000, Chapter 3, p.65). Perhaps the reality there will attest to a different situation. It has been 30 years since the race riots took place that brought out the ugly side of racial politics. To date no open public inquiry has been conducted to clear all doubts about who were the perpetrators. Any discussion is deemed to be a threat to national security!

The government conveniently keeps using this horrible event to put fear into people. Most recently last week, on 1 August 2000, a government controlled TV station carried a special report on the 1969 race riots, to remind people not to come out in support of a planned demonstration for the verdict of deposed Prime Minister, Anwar Ibrahim. This scare tactic was also used during the national elections in 1999 to remind people not to vote for change if they do not want a repeat of the incident.

In Malaysia, the ruling government is a coalition government made up of mainly ethnic-based parties. The dominant party, UMNO, still speaks and pushes for 'Ketuanan Melayu' (Malay Lordship). It keeps preaching that the Malays need to be united against the others to ensure that Malays do not loose their 'lordship' in the country. This argument is used to thwart any attempts to bring a different set of multi-racial party politics into play. The Malays are the majority ethnic group in Malaysia comprising about 56% of the population.

Pax Romana urges the Sub-Commission to examine the alarmingly negative trends that have accompanied the affirmative action policy in Malaysia 30 years after its inception. (The policy was extended after it expired in 1990).

Dalits in India

Mr. Glele-Ahanzaro, the Special Rapporteur on Contemporary Forms of Racism, was clear in stating that "specific attention should be given to the situation of the untouchables in India". (E/CN4/1999/15) .

This "specific attention" will need to question why, despite the affirmative actions that have been put in place since 1989 by the State, there are an alarming number of violations of human rights committed against the Dalits. The Government of India must have the political will to introduce measures to weed out caste-based discrimination from its own institutions. The report of the National Public Hearing on Dalit Human Rights held in April 2000 in Chennai was a damning report against almost all State institutions, i.e. local government, police, prison officials, village leadership, etc.

Pax Romana believes therefore that the UN system must recognise that the caste system, as an institution, is in itself a source of gross violations of human rights.

World Conference Against Racism (WCAR)

Pax Romana welcomes the report by Mr. Sergio Pinheiro in preparation for the World Conference Against Racism (WCAR).

It is regrettable that the first Preparatory Committee meeting in Geneva in 1999 was a very disorganised meeting during which the presence of NGOs was not utilised to the full.

As far as the substance of the forthcoming WCAR is concerned, Pax Romana is convinced that the issue of discrimination based on religion should be addressed. The increasing intolerance in Europe towards Muslims, religious marginalisation and violence against the minority Christians and Muslims in India and Pakistan are just some of the examples of a growing trend.

The report of Mr. Oloka-Onyango states that globalisation tends to aggravate racial, ethnic and religious tensions. This is an excellent topic to be developed further in the forthcoming WCAR.

We urge all States to participate in the WCAR in a serious and open manner, and to ensure that it be a truly action-orientated Conference.

Immigration Law in Spain

Racist acts such as those carried out against migrant workers are often generated by economic problems. Racism takes various forms and is shown also in the limitations or preferences with regard to the kind of work that migrant workers can do. Bad legislation and the inability of states to grant both migrants and local workers' rights lead to incidents of a racist nature such as the ones that are currently taking place in Europe. In Spain, for instance, racist acts against Magribian people often derive from working conditions.

At the beginning of 2000, a new law, which is now in force, regarding migrants' rights was passed. It grants some basic rights to migrants arriving in Spain, irrespective of their situation, legal or not, on the basis of the principle of equality that governs not only all international Human Rights instruments but the Spanish legal system as well.

Now, there a green paper has been tabled to reform this law and to restrict migrants' rights including the right to association, to strike, to syndicate, to an effective judicial defence, etc. The non-obligation for the government to justify any expulsion made (with all the negative consequences that this has) and the hardening of measures to extend migrants' work permits or as regards familial reunification for humanitarian reasons are only some of the restrictions on basic rights that this reform intends to introduce into the law.

Europe needs migrant workers in order to cover its economic needs. Racist acts are increasing all over the region and many of the victims are migrant workers. European laws need to be revised in order to ensure the granting of basic rights to all citizens and no step backwards (such as the passing of the Spanish green paper) should be allowed.

We ask this Sub-Commission:

• to urge all receiving countries to grant migrant workers their basic rights by implementing proper legislation;
• to favour adequate links between the protection of the rights of migrant workers and their families and the work of the Preparatory Committee of the 2001 World Conference against Racism, as recommended by the Special Rapporteur on the human rights of migrants.

Thank you Madam Chairperson.