Item 2: Question of the human rights violations and fundamental freedoms
Question of the human rights violations and fundamental freedoms including policies 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 resolution 8 (XXIII)
Madam Chair,
Pax Romana would like to draw the attention of the Sub Commission to the, situation of systematic and consistent pattern of human rights in Bangladesh, Sri Lanka and Zimbabwe, particularly focusing on the issues of cleansing of religious minorities, torture and media freedom in respective countries.
Bangladesh
Cleansing of religious minorities
The Constitution of Bangladesh is founded on four pillars: Secularism, Democracy, Socialism and Nationalism. Out of the total population 90.5% were Muslims and the rest 9.5% were of other religions such as Hindu, Buddhists, Christians and others. This ratio is of 2001 as per the Hindu-Buddhist-Christian Unity Council as there was no statistic of the government. In 1974 it was 85.4:14.6 and in 1941 it was 70:30 percent. This trend of reduction of the religious minorities is due to various factors in different time.
After the election a coalition government came into power headed by the Bangladesh Nationalist Party (BNP). The power was shared with two Islamic fundamentalist parties: Jamaat-I-Islami and Islamic Okkyo Jote (Islamic Unity Council). Awami League is the party, which fought for Liberation in 1971 and the leader of the party along with his 18 family members were assassinated in August 15, 1975. In 1978, Islamic ideology was introduced in the Constitution in place of secularism. In 1988 Islam was introduced as State Religion by the then President General Ershad while other religious people were made second-class citizens in their own motherland.
The most trouble began after this coalition government came in power. The extensive oppression on the minority Hindus, Christians and Buddhist occurred but the perpetrators remained un-punished. The most affected area was Bhola District where 90% of the Hindu women and girls were raped and gang raped, more than 50% Hindus had to flee their homes. Pirojpur, Barisal, Bagerhat, Mongla Port, Satkhira, etc. Hindu majority areas were attacked and their houses damaged, women assaulted and properties occupied. Christians were attacked in Boraigram, Chatiangacha, Bonpara under Natore District, Foiljana and Kodamtali under Chatmohor PS, Pabna District, Mr. Paul Baidhya's (75) both arms and Mr. Subal Mondol's left arm was broken by the perpetrators. Subol's wife was assaulted along with some other women in Foiljana. All these happened during broad daylight but the victims got no justice. They are still under threat by the criminals who are protected by the ruling party in the above areas.
Indigenous populations are attacked and their lands occupied in Madhupur and in Sylhet District by the majority community people. A Hindu professor was killed in his house in Chittagong under Nazirhat PS; a Buddhist monk was killed in his residence in Raozan, a Hindu priest was killed in his orphanage in Khagrachari Disctrict, a Christian preacher was killed in Manikgonj. Few of the criminals involved in these incidents were arrested but the main perpetrators remained untouched.
Government denied all these atrocities and blamed journalists, human rights activists, writers and civil society people who expressed their concerns over the incidents and visited the affected areas. They were also accused for creating communal tension.
The above scenario proves how the situation is polarized with religious intolerance in Bangladesh and how the religious minorities are leaving the country silently, seeking political asylum. That cannot be the solution of the problem. The ordinary people of Bangladesh are very peace loving and non-communal but only during the last one decade or so communal tension is continued.
Sri Lanka
Consistent and Systematic torture by Police and Impunity of offenders
Madam Chair, in the recent years, the Sri Lankan government seems to be practicing a policy of justifying torture by it's Police officers, as displayed by the Interior Minister's public utterance about "unnecessary beatings" by the Police, which directly implies that some beatings are "necessary" This is a direct failing of the government to uphold its commitments to the International Covenant on Civil and Political Rights, as well as the Convention Against Torture.
Firstly, I would like to highlight the continuing impunity of offenders, inspite of Sri Lankan law, Act. No. 22 of 1994, under which torture is recognized as a crime punishable with 7 - 10 years mandatory imprisonment and fines, but no one has been brought to trial leave alone being convicted under this Act. Furthermore, the National Police Commission, which is mandated with maintaining disciplinary issues of the Police Force, has also not acted in any way to exercise it's powers and the National Human Rights Commission too is not playing the proactive role in line with it's mandate.
Even Police officers who the Supreme Court has found guilty of committing torture are allowed to remain as police officers. To have such persons as law enforcement officers raises serious moral as well as legal concerns. In the case of Mr. Gerald Perera, who the Supreme Court awarded the highest compensation ever to a victim of torture, the concerned Police officers were allowed to continue their service and subsequently, the same OIC and officers in his charge had gone on to commit further acts of torture against two young men.
Madam Chair, Secondly, I would like to draw the Sub Commission's attention to the fact that children, as young as 10, 12, 15 and 17 have been severely tortured by Police, being accused of simple offences such as theft from school canteens. Recently, Police beat a seventy-year-old man to death and several women have also been victims of torture, including sexual harassment in the last two years and it is obvious that the Police is not sparing even the most vulnerable sectors of society from their barbaric acts.
Police stations in the country are places where an ordinary citizen would have second thoughts of stepping into, due to fear of being beaten and tortured. For the Sri Lankan Police, torture undoubtedly seems to be the best way of investigating crime.
Mr. Theo van Boven, Special Rapporteur on the question of torture, has taken up a number of torture cases with the Sri Lankan government and according to the report of Mr. Van Boven, the reply of the government clearly indicates that no one has been brought to justice.
Madam Chair, this situation violates 5 of the UDHR and article 7 of the International Covenant on Civil and Political Rights, which expressly states that no one shall be subject to torture, cruel, inhuman or degrading punishment, in whatsoever circumstances.
We request this Sub Commission, to ensure that the Sri Lankan authorities, particularly the Attorney General's department and especially it's Prosecution of Torture Perpetuators Unit, The National Police Commission and the National Human Rights Commission do all that is possible within their mandate to eradicate torture and especially to bring perpetrators to justice.
Zimbabwe
Press Freedom and Freedom of Expression under Threat
Madam chair, Pax Romana would also like to call the attention of the Sub-Commission to the situation of continuous and systematical violation of human rights, especially the rights to freedom of the Press and expression, committed by the government of Zimbabwe against the civilian population, human rights defenders, NGOs, civil society, free expression activists and the private media.
Madam chair, freedom of expression is everyone's right. Indeed, it is the foundation stone of all participatory democracies because many other rights depend upon it. Any state that undermines and diminishes this right (and the right to receive and impart information freely) undermines the practice of democracy.
Government's persecution of privately owned media institutions and their staff through the selective application of unconstitutional and anti-democratic legislation, chief among them the Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act (POSA) need to be condemned. Both laws criminalize the peaceful, democratic, activities of civilians and journalists. Government should repeal these prohibitive laws and recognize the public's rights and freedoms. They violate Sections 20 and 21 of the Zimbabwean Constitution that guarantee freedom of expression and freedom of assembly and association respectively. They also violate Article 19 and 20 of the UDHR that guarantee similar freedoms.
Madam chair, the destabilization of information and debate in Zimbabwe has direct implications for the overall social, economic and political stability of the country. Powerful institutions in society - both the state and the private sector - hold information that has a direct impact on the lives of the rest of the citizenry. It (information) is an integral part of democracy and development. It is an urgent and critical necessity that the information and media environment in Zimbabwe be normalized.
Assaults on media workers and attacks on media houses are now commonplace in Zimbabwe. For example, on 18th March 2003, Gugulethu Moyo, a female lawyer who was trying to secure the release of a journalist arrested during the course of his work, was assaulted at a police station in Harare. No arrests have been effected on the perpetrators just like no one has been arrested over the bombing of The Daily News printing Press in January 2001 and the bombing of Radio VOP last August.
Some rural areas like Makoni East have been demarcated no-go areas for the private media especially The Daily News denying citizens the right to alternative sources of information.
Recommendations
Madam chair, it is imperative that this sub-commission does everything possible to ensure that the government of Zimbabwe repeals all unconstitutional laws; recognise and impartially enforce of rights and freedoms contained in Zimbabwe's constitution, and in the relevant regional and international agreements to which Zimbabwe is a signatory and end violence and intimidation (in all their forms) of media and information workers and institutions.
Thank you
