(c) Prevention of discrimination and protection of minorities

Pax Romana welcomes the report of Mr Eide on peaceful and constructive approaches to situations involving minorities, which highlights the application of universal human rights to such persons, thus the emphasis is on the political rights of minorities.

Pax Romana, would like to draw the attention of the Sub-Commission on the situation of religious minorities in many countries particularly in the South Asia countries- India, Pakistan, Bangladesh and Nepal. These states fall under the concept of One State-One Religion? This dangerous concept causes polarization among the communities of majority and minority and results in minorities living in fear. In India, the trend of ‘terrorizing?minorities has become alarming especially after the brutal attack and killing of thousands of innocent minorities in Gujarat. Justice has not been accorded to victims of the Gujarat carnage who continue to live in fear. Instead of prosecuting the perpetrators of the crime, the State protects them contrary to Art.2 of CERD to which it is a party. Furthermore, it has allowed these perpetrators to use state resources such as school premises for hate campaigns against minorities, and give full police protection to the leaders of these organizations.

The State has legitimized the action of these ‘non-state?actors by the enactment of the Anti-Conversion Bill in the State of Tamil Nadu and Gujarat. This violates Article 25(1) of the Indian Constitution which guarantees citizens the right "to freely profess, practice and propagate religion,'' and conflicts with basic fundamental rights established by the UDHR, the Declaration on minorities and other treaties. Dalits, who for centuries have been discriminated on the basis of descent and work, are denied their religious rights by this law. In addition, since the implementation of this ambiguous law, human rights activities of human rights defenders, themselves minorities, are being challenged and their persons threatened.

In recognition of this alarming reality, Pax Romana urges the Working Group on Minorities to ensure that practical action is taken to address these gross human rights violations adequately. Recalling the words of the CERD president to the Sub-Commission that it studies the relationship between racial discrimination and ‘discrimination based on religion? Pax Romana asks that the Working Group on Minorities focus on ‘discrimination based on religion?in the political context, and thereby make a crucial distinction between different forms of discrimination.

In this view, Pax Romana welcomes the Working Group’s decision to hold the sub-regional seminar in the South Asian Region and to transmit the "Statement of Principles?’’, to be discussed then, prepared by the International Centre for Ethnic Studies to concerned Governments. We hope that this will lead to the national review of policies and legislation relating to minorities, and will ensure their conformity with international standards. We urge that this seminar also aim to study the relationship between state and non-state actors, and that the OHCHR takes all the necessary steps to ensure participation of grass-root minorities, especially the victimized minority women.

Pax Romana also draws the attention of the Sub-commission, on the consistent pattern of violations of human rights of Karen and Shan ethnic minorities in Burma. We welcome the ECOSOC resolution of July 2003 to extend the mandate of the Special Rapporteur on the human rights situation in Burma. In the midst of a decade-long civil war and unsolved political complexities, the ruling military has extensively discriminated against ethnic minorities with impunity.

To illustrate one of the situations that took place throughout April, May, and June of this year, the State Peace and Development Council military troops came to Karen ethnic villages located at Tha-Ton, Toungoo, Pa-an, Pa-pun, Doo-play-ya Districts, and demanded that the villagers supply food, livestock, clothes and money to the military. They also commanded villagers to construct and repair mortar roads and army camps by cutting their own bamboo without any payment and food. The villagers were forced to carry rations and other supplies for the troops. Among these forced labourers were mothers who had to carry their babies while carrying the supplies. The villagers were sometimes tortured, beaten, and shot without any reason. Moreover villages were under the threat of being burnt if they failed to meet their demands. Sometimes, when the soldiers fired guns and villagers ran and hide, troops looted and deserted houses. In addition, there is no minority participation in public life and development; the free practise of their culture, linguistic and political rights is unimaginable.

In view of this, Pax Romana reiterates the proposal of the Sub-Commission members and other NGO’s–there is a need of a special mechanism for Minorities and immediate action in light of the gross human rights violations of minorities. Such a mechanism would have a specific mandate to receive communications on violations of minority rights and could engage in preventative diplomacy with the parties concerned. Hence, we urge to the sub-commission to recommend the Commission to set up special mechanism for minorities.

Thank you.