Item 5: Prevention of Discrimination
Mr. Chairperson,
Rights of Non-Citizens and Anti-Terrorism Measures:
Pax Romana welcomes the progress report by Mr. Weissbrodt on the rights on non-citizens (E/CN 4/ Sub.2/2002/25 and Add 1-3). We wish to express our concerns for the situation of non-citizens after September 11th in many countries, especially in the United States. In the weeks and months following the tragic attacks, thousands of men from Arab countries along with American citizens of Arab descent were detained for questioning in a secret process that did not release the names or information. Many were present in the United States legally on student or work visas. As part of the questioning, some were charged with crimes, a number were released without charges, others were deported for minor visa application errors that for other immigrants would be easily fixed, and fewer than 200 still remain in custody.
Pax Romana is also concerned with how non-citizens of the United States, suspected of terrorism, face military tribunals, while some citizens such as John Walker Lindh, suspected of the same crime face civil courts. It is also troubling that non-citizens face the possibility of the use of capital punishment, while, Lindh, has been spared this unjust punishment.
We welcome the ruling, last week, by US Federal Judge Gladys Kessler to have the names of those being detained released and we hope the higher courts in the United States will uphold Judge Kessler's decision that is being appealed by the government. Pax Romana asks that the Sub-Commission consider the treatment of non-citizens during periods of emergency and anti-terrorism actions and that the final report on non-citizens analyze this issue in greater depth.
Rights of Non-Citizens in Asia:
We are also concerned with the situation of non-citizens in Rohingya, Burma as well as across the border in Bangladesh, who suffer under the1982, Burma citizenship law. This has already been highlighted by the Special Rapporteur on Myanmar in his 1997 report to the General Assembly.
Similarly, the situation of the thousands of Bangladeshis in India, especially in the state of Assam, implicates both the governments of Bangladesh and India. Many such situations unfortunately exist in other parts of Asia. We call upon the Special Rapporteur on Non-citizens to address specifically the situation of Non-citizens in Asian Countries, which till today lack both regional and national policies as well as mechanisms.
Religious Minorities: India and elsewhere (E/CN.4/Sub.2/2002/19 para 16)
Pax Romana also wishes to raise the question of discrimination of religious minorities. Currently there are many examples from around the world where the rights of religious minorities are being violated. One of the more graphic examples occurred this past February and March in Gujarat.
The situation of religious minorities is equally grave in a number of countries including Pakistan, Indonesia, and Nigeria. Moreover, in these situations of grave violations, there have been a large component of non-state actors. Pax Romana, therefore urges the Sub Commission and the Working Group on Minorities to investigate in greater detail the situation of religious minorities, perhaps drafting guidelines for states on this issue while framing the Code of Conduct. We also recommend that the Sub-Commission recommend that the Commission develop special procedures on minorities, especially religious minorities and investigate the role of non-state actors.
Affirmative Action:
Pax Romana finds the final report on Affirmative Action by Mr. Marc Boossuyt, contained in E/Cn.4/Sub.2/2002/21 extremely useful and draws the attention to paragraph 7 which states policies of affirmative action can be carried out by different actors belonging to the private sector, such as employers or educational institutions. This point has been raised at this year's Working Group on TNCs. The issue is of great importance given the accelerated privatization in many countries including the developing countries that do promote affirmative action. Many countries have a significant deficit in monitoring mechanisms on the implementation of affirmative action. A detailed elaboration of paragraph 7 would be needed.
Concerning affirmative action, Pax Romana also wishes to point out that those countries that do promote affirmative action through policies and practices, lack adequate mechanisms of monitoring implementation of affirmative action measures. Most of them are also not parties to Art. 14 para 1 of CERD. This deficit needs to be attended to while pursuing the promotion of affirmative action, naturally.
Pax Romana would also like to express our support for the statement by Lutheran World Federation and the current work of CERD on the important issue of discrimination based on work. We encourage the Sub-Commission to reexamine this issue.
Reparations Follow-Up:
Mr. Chairperson, last year, the Sub-Commission unanimously adopted resolution 2001/1 that called for reflection and action on issues of reparations for past cases of massive and flagrant violation of human rights including slavery and the slave trade. We strongly support continued reflection and discussion on this matter by the Sub-Commission in future meetings.
WCAR and WSSD:
Concluding, Mr. Chairperson, we call upon the members of the Sub-Commission to address the interconnectedness between the World Conference against Racism at Durban, and the forthcoming World Summit on Sustainable Development regarding the elimination of all forms of racial discrimination as prerequisite towards achieving sustainable development. This was already stated in Principle One of the 1972 Stockholm Declaration, but totally ignored at the Rio Summit in 1992 and in the preparatory processes towards WSSD 2002. For many people around the world, especially the Dalits, sustainable development and human rights are often unattainable without overcoming the barriers of discrimination.
Thank you Mr. Chairperson
