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Preamble
We, the
representatives of Asian and Pacific Non-Governmental
Organisations and other national, regional and international
civil society organizations, meeting in Tehran, Iran, during
February 18-19, 2001 and in Kathmandu, Nepal during April 27-29,
2001 in preparation for the World Conference Against Racism,
Racial Discrimination, Xenophobia and Related Intolerances, to be
held in South Africa in accordance with the UN General Assembly
Resolution 52/111;
Reaffirming
that all human rights are universal, indivisible, interdependent
and inalienable, irrespective of distinction of any kind such as
race, class, colour, sex, gender, language, national or ethnic
identity, caste, descent, occupation, 'untouchability' religion,
social origin, disability, sexual orientation, diverse gender
identities, age and other factors;
Recognising
that all human beings are born free and equal in dignity and
rights and have the capacity to contribute constructively to the
development and well-being of their
Societies, and that
all human societies, including those of the Asia Pacific region,
are based on the shared values of tolerance, solidarity and
pluralism;
Noting with
concern, the persistence and increasing spread of various
forms of racism, racial and ethnic discrimination, xenophobia and
related intolerance in all continents and regions of the world;
Declare
that racism is an ideological construct that assigns a certain
social group to a position of power over others on the basis of a
notion of superiority, dominance and purity. It is
'scientifically false, morally condemnable, socially unjust and
dangerous and politically harmful;
Further
declare that racism is the basis of gross violations of
human rights and occurs in the form of unjust exploitation; it
renders people stateless, creates refugees, leads to
marginalization, exclusion, pauperisation, militarism, ethnic
cleansing, cultural annihilation and genocide, suppression and
destruction of indigenous cultures, constitutes a threat to peace
and development of all human societies and, therefore, must be
addressed with all appropriate resources and means, including
legal mechanisms;
Consider
that the roots of many contemporary manifestations of racism and
racial discrimination can be located in the legacy of colonialism
which created historical injustices based on ideologies of
superiority, dominance and purity;
Recall
that some of the worst manifestations of racism and racial
discrimination have been caused by colonialism, foreign
domination and militarization such as the continued occupation of
Palestine, for which this body expresses grave concern;
Call on the
forthcoming World Conference on Racism, Racial Discrimination,
Xenophobia and Related Intolerances to specifically
mention within it's scope and ambit new manifestations of racism
and racial discrimination including growing tendencies of
religious intolerance and caste-based discrimination as evidenced
in different parts of the world and include the same as a
manifestation of xenophobic and racist tendencies.
The Asia-Pacific
region is rich with a diversity of cultures, languages, religions
and peoples. However, the nation-building process in the region
has resulted in some groups being rendered stateless, refugees,
internally displaced persons and migrants and being discriminated
against on the basis of their cultures, languages, and religions.
Today, many states in the Asia Pacific region are facing the
threat of disintegration due to racial, caste-based, ethnic and
other forms of discrimination and intolerance.
It is important to
recognize that many conflicts in the region and around the world
are caused by racism, racial and ethnic discrimination,
xenophobia and related intolerances, and that therefore
elimination of all forms of racism, racial and ethnic
discrimination, xenophobia and related intolerance is essential
for creating peace and establishing respect for human rights.
Many women
experience multiple discrimination due to racism and patriarchal
attitudes, often compounded by religion and culture. This
inter-sectionality of discrimination, especially the
inter-sectionality of race and gender, makes women vulnerable to
a range of violations of human rights including trafficking,
exploitation, violence including rape and sexual abuse, and
making them 'pawns' in situations of conflicts.
Trafficking in
persons for various purposes including sexual exploitation,
economic exploitation, bonded labour, forced marriage, slavery
and slavery like practices is a particularly abhorrent
manifestation of racial and other forms of discrimination.
The processes of
globalization that include economic policies which exploit and
appropriate local economies and force the implementation of
structural adjustment programs actually heighten racism, racial
discrimination, xenophobia and multiple forms of intolerance.
Globalization
promotes deregulation, privatization and liberalization of trade
and investments and, in the process, intensifies patriarchy,
racism, racial and ethnic discrimination, xenophobia and
religious and other forms of intolerance, and impacts
disproportionately on women.
All diverse
communities have the right to effective political participation
and self-determination at the national, regional and local level
including through power sharing arrangements.
Governments have a
responsibility to eliminate structural and institutional forms of
racism and discrimination on the basis of race, class, colour,
gender, language, national or ethnic identity, caste, descent,
occupation, 'untouchability', religion, social origin,
disability, sexual orientation, diverse gender identities and
other factors if we are to achieve respect, equality, and human
rights for all.
Racism, racial
discrimination, xenophobia and related intolerance have a special
and heightened impact on individuals, groups and communities that
are already disadvantaged and vulnerable to abuse, oppression and
exploitation including women, young people, children, people with
disabilities, people living with HIV/AIDS, gays, lesbians and
persons of non-conforming gender identities, documented and
undocumented migrants, refugees and internally displaced persons,
indigenous and tribal peoples and trafficked persons.
It is important to
recognize that while patriarchal social structures reinforce all
forms of discrimination against women, racism and other forms of
racial discrimination and intolerance create new forms of
patriarchal subordination of women.
In this context,
both racial discrimination and gender discrimination result in
disproportionate power, privilege and status and in the
heightened subordination of women. Women's oppression through
racial and caste discrimination is heightened by other factors,
resulting in multiple alienation due to class, caste, race and
gender hierarchies.
We wish to
congratulate the people of East Timor for their successful
struggle for self-determination and independence; We also extend
our solidarity to the struggles for self-determination of the
peoples of Palestine, West Papua, Aceh-Sumatra, Bougainville,
Nagaland, Assam, Meghalaya, Manipur and Tripura and other states
and indigenous communities in the north-east of India, in the
north-east of Sri Lanka, in Tibet, Kashmir, Bhutan, and Mindanao,
and elsewhere in the region. Where States deny
self-determination to its people these regions are rendered
occupied territory.
We also wish to
endorse the Declarations coming out of the NGO Forums in Santiago
de Chile, Dakar, Senegal and Strasbourg, France, in particular
the affirmation that 'diversity is a social, political and
cultural reality, and that recognition and respect for difference
is fundamental to the construction of democratic coexistence'
(Santiago) and the denunciation of environmental racism including
environmental deterioration represented by dumping of toxic
wastes, dangerous work conditions, and dangerous and unregulated
methods of extracting natural resources'
(Dakar).
Racism in the Global Context
1. Globalization's
main proponents and implementers are the global powers led by the
US, Japan and the European Union, the transnational and
multinational corporations (TNCs and MNCs), the local ruling
elite and the governments that they control.
2. That
globalization gives rise to employment is belied by the huge
corps of the unemployed and underemployed, especially among the
women and youth, that it leaves in its wake. It likewise limits
the future of youth to being underpaid, exploited and, docile
workers.
3. Globalization
aggravates the situation of women already marginalized by race,
caste and class by displacing them from traditional forms of
employment and often forcing them into exploitative work. This is
manifest in the increasing feminization of poverty especially
among groups most vulnerable to racist practices.
4. Trade related
intellectual property rights or TRIPS are used by TNC/MNCs to
expropriate indigenous knowledge and practices, plants and even
indigenous peoples' human cells, robbing people of their
traditional knowledge-base of agriculture, seeds and medicine.
Dumping of banned medications, drugs and chemicals no longer
permitted and of commercial value in the developed world, and of
toxic waste is rampant in the southern hemisphere, with total
disregard for the dangers that this poses to the environment,
health and wellbeing of the people of these regions.
5. Indigenous
peoples lose their land, culture and even self-identity as their
ancestral domains and natural resource-bases are besieged and
destroyed by mal-development projects of the TNC/MNCs and
governments.
6. Foreign loans
have been used by the IMF, World Bank, the ADB and other
international and regional finance institutions as instruments of
control whereby financially weak countries are either granted or
denied loans depending on their acceptance of bank
conditionalities. Foreign loans, especially those which benefited
government officials and their cronies more than the citizens,
should be cancelled.
7. Trade in services
not covered by the original General Agreement on Tariffs and
Trade (GATT) are now part of the WTO agreements. It impacts on
education in terms of further inaccessibility especially to
vulnerable and discriminated sectors as educational institutions
are privatized and commercialized. Health and other basic
services on the other hand, become sources of profit-making
thereby denying the provision of essential services to the
impoverished, the elderly, women and children and those targeted
by racism.
8. When confronted
by dissent and resistance from the sectors of society that suffer
the negative impact of globalization and are victimized by racist
attitude and acts and other forms of discrimination including
caste, globalization's main proponents do not hesitate to use
their resources and the power of the State in order to suppress
protests using violence, militarization and 'total war' against
peoples.
9. Human rights and
international humanitarian laws are violated throughout the Asia
Pacific region with impunity by the global powers, especially by
the US and other repressive governments and authoritarian States,
making a mockery of the universality of human rights. When this
happens, the women, children and other sectors that face
marginalization and discrimination are the most vulnerable.
10. Arms control is
imposed on relatively weaker countries to ensure military
advantage of the global powers, while they continue with arms
production and sales guided by militarist and racist minds and
benefiting the military-industrial complex. In exchange for super
profits, racists
and repressive
governments are given access to extensive war tools while
peoples' calls for disarmament and genuine arms control are
ignored.
11. The process of
globalization as implemented by the WTO regime further
marginalizes Dalits, indigenous peoples and minorities who are
already a deprived section of society. In the name of
privatization, globalization has destroyed whatever opportunities
were created through affirmative actions initiated by
governments. The State is consciously withdrawing from its
obligation to provide key social services such as education,
health and employment with a devastating impact on groups that
face all forms of discrimination. The policies of the World Bank
and IMF such as devaluation and down-sizing of the labour force
adversely affect the already marginalized living standards of
marginalized communities and groups such as Dalits, indigenous
peoples and minorities.
12. Globalization
describes the ever-increasing integration of human society at
economic, social, cultural and political levels. It historically
derives from the process of colonial integration of the world.
Globalization is therefore an iniquitous structure, one that is
based on unequal power relations. It has promoted institutional
racism at both the national and international level.
13. At one level,
globalization has seen the continuation of the domination of
one-time colonial powers together with newly established economic
'big powers' over the world system. At another level, the global
order of nation states has seen the emergence of a multitude of
nationalisms from which have developed a number of instances of
ethnic hegemonisms. This has resulted in the creation of ethnic
exclusivist states.
14. At the global
level, we see the iniquity of this system within the
international community, for example in the United Nations and in
the international financial institutions in which the globally
dominant powers retain control. The political structures that are
required to facilitate the free flow of capital and unregulated
financial speculation are themselves authoritarian and have led
to repression, exclusion, intolerance and violence.
15. This global
hegemony by the metropolitan powers has resulted in the
continuing domination of European-originated cultures and the
marginalization of other world civilizations. The current
strategies of the global big powers contribute to create a
pervasive culture of racism, one example being Islamophobia.
Xenophobia and intolerance is sharply reflected in the global
mass media, for example, in its racist bias in the reporting of
the Palestinian problem and its coverage of the aggression
against Iraq.
16. This iniquitous
global system has its ramifications in its impact on the entirety
of human society but more especially on the numerous sectors of
people most adversely affected. Racism, discrimination and
intolerance are but one aspect of this impact and affect various
social sectors.
17. The Asia Pacific
NGO Forum focussed on sub-themes important and relevant to the
Asia Pacific region and also on the impact of racism, racial and
ethnic discrimination, xenophobia and related intolerance on
specific groups, such as women, Dalits, Burakumin, indigenous
peoples, documented and undocumented migrants, migrant workers,
trafficked persons, refugees, displaced persons, and people
living under foreign occupation.
18. Globalization
aggravates the situation of indigenous women. Multi-national
corporations and the State reinforce each other in carrying out
policies and projects to exploit the resource base. Mega projects
including the construction of dams and the development of
eco-tourism, deny the rights of indigenous peoples forcing many
indigenous women to become migrant workers or prostitutes.
Globalization has also displaced indigenous women's knowledge
e.g. seeds and traditional medicine.
Gender and Racism
19. Women in the
Asia Pacific region face differentiated experiences as a result
of their belonging to different races, classes, religions,
ethnicities, castes, sexual identities and other situations.
Governments and civil societies have failed to understand the
inter-sectionality of gender and racism.
20. Issues of
racism, racial and ethnic discrimination, xenophobia and related
intolerance must be approached within the context of an
understanding of the inter-sectionality of all forms of
discrimination, including gender.
21. We recognize the
specific impact of racism, racial and ethnic discrimination, and
all other forms of discrimination on the human rights of women,
specifically women belonging to marginalised and minority
communities, and that all forms of violence against women are
heightened by racism, caste-based, racial and ethnic
discrimination, xenophobia and related intolerance.
22. An urgent
problem created by the growth of conflict is the increase of all
forms of violence, including sexual violence against women.
Intolerance in the context of conflict places many restrictions
on women's freedom and mobility.
23. Women's
experience of violence in situations of armed conflict is related
to their position within the community and in the family, as well
as to their sexuality. Violence against women in situations of
conflict is used to shame and punish families and communities and
includes systematic rape, sexual torture, forced pregnancies,
forced abortions, sterilization implants, trafficking in women
and girls, and imposition of norms of behaviour.
24. One major
manifestation of racism, racial and ethnic discrimination,
xenophobia and related intolerance is a denial of women's right
to political participation, self-determination, economic, social
and cultural rights, and to make decisions regarding their
reproductive capacities.
25. Indigenous women
and women of other marginalized communities experience multiple
forms of discrimination due to the nexus of class, gender and
their other multiple identities. They are denied their right to
self-determination, their right to own and inherit property and
to control resources; they are treated as having a lower status
than men and are often excluded from political leadership and
participation. Their equal status is not recognized by the State
and dominant culture, or by the people within their communities
and family.
Caste and
Racism
26. Caste is a
historically entrenched, false ideological construct which often
has religious and ideological sanction, and which allows for the
treatment of some people as inferior. Casteism and racism operate
at personal, social and structural levels.
27. Caste is descent
and occupation based and hereditary in nature, determined by
one's birth into a particular caste. Caste and descent-based
discrimination affects nearly 240 million people in the Asia
Pacific region, for example Dalits in India and Nepal and
Burakamin in Japan, irrespective of the faith that they practice.
28.
"Untouchability" (the subjugation and denial of the
basic human rights of people labelled as "polluted" or
"impure") is the most insidious manifestation of
caste-based discrimination in the Asia Pacific region,
specifically in India, Sri Lanka, Bangladesh, Pakistan and Nepal.
Caste-based
discrimination de facto denies access to public services
including housing, education, health, land, employment, social
services and other resources normally available to citizens of a
country as a right. We assert that Untouchability is a
Crime Against Humanity.
29. The grave lack
of legal protection in some countries for persons who suffer
caste-based discrimination places restrictions on their enjoyment
of rights as well as on their social and economic mobility and
makes them more vulnerable to all forms of violence.
30. Even though
states enact laws to protect the rights of marginalized
communities, it is the states themselves who often violate these
laws;
31. Caste as a basis
for the segregation and oppression of peoples in terms of their
descent and occupation is a form of apartheid and in its
practical manifestation and nature of discrimination is a
distinct form of racism affecting victims equally irrespective of
religion. Casteism pre-dates racism and is a distinct form of
racism.
32. The apartheid
nature of caste discrimination manifests itself in the
segregation of housing settlements and cemeteries, denial of
access to common drinking water, restaurants, temples, tea stalls
('two-cup' system), restrictions on marriage and other insidious
measures designed to prevent social interaction and mobility.
33. Any attempt made
by members of these communities to struggle for equal rights is
met with extreme violence such as the burning of homes, stripping
and parading, mainly of women, rape, murder and social and
economic boycott. The perpetrators of these crimes frequently
enjoy police impunity, while the victims, who are mostly women,
are often falsely accused and imprisoned.
34. There is a clear
inter-sectionality between race, class and gender. Dalit women
represent the most oppressed sections of South Asian societies,
and face multiple forms of discrimination.
35. In spite of the
fact that some governments have undertaken constitutional,
legislative and policy initiatives, as well as set up
administrative bodies to combat discrimination based on caste and
other factors, due to a lack of political will and entrenched
prejudices, these efforts have been ineffective and seriously
inadequate in enabling social and economic mobility of these
oppressed communities.
36. Caste-based
practices - distinction, exclusion and restrictions on social and
occupational mobility - lead to a negation of humanity and the
inability to exercise all human rights.
37. Hence, the NGO
community of Asia-Pacific is committed to the inclusion of
caste-based discrimination on the agenda, the declaration and the
programme of action of the World Conference Against Racism,
Racial Discrimination, Xenophobia, and Related Forms of
Intolerance (WCAR), to be held at Durban, South Africa, from
August 31-September 8, 2001,
38. The Asia-Pacific
NGO community strongly condemns the attempts of the governments
of India and Japan to oppose the inclusion of caste-based
discrimination in the agenda of the WCAR in spite of the
assertion by the UN Committee for the Elimination of Racial
Discrimination that caste discrimination is a form of racial
discrimination. We urge other governments, as an urgent matter of
basic justice, to support the inclusion of caste-based
discrimination in the WCAR agenda, despite the pressure exerted
by India in particular, which is home to hundreds of millions of
persons facing caste-based discrimination.
Indigenous Peoples and Racism
Racism, Racial
Discrimination, Xenophobia and Related Intolerance towards
indigenous peoples are expressed in the following:
39. All forms of
colonization, state legislation, and foreign domination are
manifestations of institutionalized racism. Such racism denies
indigenous peoples the inherent right to self-determination.
40. Such denial
constitutes the non-recognition of the rights of indigenous
peoples to have control over their territories, resulting in the
dispossession, confiscation and appropriation of their resources;
41. Race-based
discrimination leaves indigenous peoples suffering the loss of
identity, culture, dignity, values, history, heritage, right to
use their own languages, names and places and their right to life
resulting from the destruction of their social structures and
communities.
42. Members of
indigenous peoples face extreme forms of oppression and violence
from military forces due to the militarization of their
territories. Racism and discrimination against indigenous peoples
also manifests itself in the policies of government institutions
and authorities and the practice of police brutality, and a lack
of effective protection and remedies from judicial institutions
and authorities of governments.
43. The root cause
of discrimination, which has been suffered by Indigenous Peoples
and which continues to affect their lives today, is racism.
Inherent in the colonial experience and in the policies of
States, which succeeded the colonies, is the notion or belief
that Indigenous Peoples and Indigenous cultures are inferior.
This racist belief of superiority of the colonists', justified
and rationalized the widespread theft and expropriation of
Indigenous territories and the whole scale destruction of
Indigenous societies. Racism is the basis of terra nullius
_the idea that a land is empty even when people live there.
Racism is the basis of unequal treaties and broken treaties.
Racism is the basis of the failure to apologize and the failure
to compensate. Racism is the reason that the rights of Indigenous
Peoples are not protected by domestic legal systems to the same
degree that the rights of other peoples are protected. (paraphrased
from Indigenous Peoples and Racism conference _ Sydney, Australia
20-22 Feb 2001)
44. Regional
government Declarations have, "recognized and admitted that
conquest, colonialism, slavery and other forms of servitude were
a source of racism, racial discrimination, xenophobia and related
intolerance...and condemn the injustices that were committed
especially against Indigenous Peoples and Africans and their
descendants"(quoted from General; DECL/Santiago, para.3)
45. Neo-colonialism
and border state/internal colonialism are the primary sources of
racism, xenophobia and other related intolerances. The political,
socio-economic and cultural structures imposed in the context of
those processes permitted and encouraged racism, racial
discrimination, xenophobia and other related intolerances. These
effects have permeated many societies, systematically
discriminating large sectors of the population, which continues
today.
46. Indigenous
people suffer from the non-recognition and violation of their
rights to have control of their territories and ownership of
their lands, waterways and natural resources:
47. The continuing
plunder and destruction of their lands and waterways by
transnational and national mining corporations, through the
construction of mega hydro-electric dams, oil and natural gas
exploration and extraction and deforestation violate the rights
and dignity of indigenous peoples.
48. The conversion
of agricultural lands into industrial plantations for export
crops and agribusiness using toxic chemical inputs and field
trials of genetically modified seeds, biopiracy of plant, animal,
and knowledge related to their use and development, and human
genetic materials by biotechnology and pharmaceutical
corporations and the patenting of this life form are all factors
that affect the rights and life of indigenous peoples.
49. Indigenous
Peoples have an inherent right to Self-Determination, to use and
develop their own indigenous political and governance structures
and institutions for their Nations and communities. Indigenous
justice systems and processes, which are more appropriate for
Indigenous Peoples are not recognized or fully implemented.
Indigenous development frameworks, concepts, principles and
practices are suppressed and destroyed.
50. The continuing
use and institutionalization of racist doctrines and ideologies,
which are enforced by constitutions, laws and policies, continue
to justify the conquest of Indigenous Peoples and the
appropriation of lands and resources. Examples include the terra
nullius doctrine was used to legitimize British colonization
of Australia to invalidate land claims of Australian Aborigines.
Also the Regalian Doctrine which was used in the
Philippines or the Torrens Land Tenure System and
all other foreign legal concepts which impose control and
ownership of all lands including Indigenous territories and
resources, to the government.
51. Indigenous
peoples are denied their existence and identities, and their
rights to practice their own culture, values and use their own
languages are violated. In some countries, Indigenous Peoples'
right to become citizens is denied, e.g. Thailand. Also
elimination of Indigenous Peoples place names, etc, is a denial
of indigenous culture, history and heritage.
52. Worsening
militarization and imposition of emergency laws amongst
indigenous communities and the excessive use of force by the
armed forces and police brutality on Indigenous People heighten
discrimination against indigenous peoples and communities.
Indigenous methods of conflict resolution and peace building are
excluded, while perpetrators of police brutality, torture against
indigenous peoples and rape of indigenous women and children are
not indicted.
53. The division of
Indigenous Peoples into different administrative, political and
electoral units fragments Indigenous Peoples political unity.
Manipulation of political constituencies without Indigenous
Peoples consent is undemocratic.
54. Continual
misinterpretation and denial of Indigenous issues, and distortion
of Indigenous persona by the dominant media is exclusivist and
therefore racist.
55. Intolerance of
Indigenous religions and spirituality, destruction and
commercialization of religious and sacred sites that are integral
to the spiritual health of Indigenous Peoples violate the rights
and dignity of indigenous peoples.
56. Direct and
indirect imposition of assimilationist practices by the State and
by religious institutions of the dominant religions also violate
the rights and dignity of indigenous peoples.
57. Denying
Indigenous Peoples access to essential infrastructure and other
delivery mechanisms, in particular to health, education,
information and communication further marginalizes these
communities. In many developing countries in particular in rural
areas, where most Indigenous Peoples reside, there is minimal
infrastructure for basic survival services. Women's health is
severely affected through imposed sterilization and barbaric
birth control policies, which amount to ethnic cleansing.
58. Denial and lack
of attention to Indigenous Peoples issues by Human Rights groups,
is a matter of grave concern. For instance in Nepal the annual
Human Rights publications that evaluate and monitor Human rights
violations have not raised Indigenous Peoples issues.
59. Globalization
which is further eroding the rights of Indigenous Peoples to
their territories and resources, their rights to their cultures
and intellectual property, cause further impoverishment and
marginalization.
60. The situation of
the Gurkhas who served in the British Army and who are being
denied equal pension benefits as their British colleagues, and
many war veterans who have not received pensions and retirement
benefits, nor received welfare packages for their families and
children also constitute a grave violation of rights.
National Minorities and Racism
61. Race-based and
other forms of discrimination against groups that are defined as
minorities are historical and complex and deny their right to
self determination.
62. This denial has
political, social, cultural and economic dimensions such as
denial of political power, poverty, uneven regional development,
unequal access to education, employment, land and other resources
and equal treatment in terms of use of language.
63. Racial
discrimination is not about numbers or size but essentially about
vulnerability. Majority groups also face discrimination when they
are similarly vulnerable.
64. Affirmative
action is a method of redressing historical injustices and has
often been used to advance the cause of minority communities.
Regrettably, it is sometimes used by states to promote
majoritarian ethno-nationalism, as in Malaysia.
65. In the Asia
Pacific region numerous minorities and marginalized communities
have been subject to various forms of racism and
institutionalized discrimination including denial of citizenship,
state colonization, forced population transfer, ethnic cleansing
and political repression. The nation-state structures that are
majoritarian deny the right of minority communities to full
enjoyment of their democratic rights, including the right to
self-determination and to an equal share of power.
66. This has given
rise to intra- and inter-state conflicts, including armed
conflicts, in the Asia Pacific region causing militarization of
state and civil society, political repression, and social
destruction, including internal displacement and the creation of
new refugee populations. In these conflicts both state and
non-state actors perpetrate acts of discrimination and other
human rights violations.
67. Minority
communities, vulnerable groups and marginalized communities are
particularly vulnerable to exploitation by Transnational
companies and Corporate racism which increases poverty and in
particular the feminization of poverty.
68. The State has
the obligation to protect all men and women within their borders.
The state security apparatus including the military should be
used to protect minorities and not to violate their rights.
Militaries should desist from manipulating ethnic and cultural
differences for political purposes and should be prevented from
militarizing civil societies. States should view state security
in terms of their obligation to provide human security of all
individuals and communities. Given States' obligation to protect
all citizens, state security mechanisms should only be used to
protect the human security of all individuals and communities,
including minorities.
69. All political
parties should promote inclusive policies and prohibit the use of
negative images of race, ethnicity, religion, caste, linguistic
groups and hate speech to get elected. A Code of Ethics should be
formulated through which all those who violate these principles
could be subject to some form of censure.
70. National
histories should be inclusive and should reflect cultural
diversity and minority histories. National educational policies
and school text preparation committees should include members of
all ethnic communities and mixed communities.
71. Government
should ensure that persons belonging to ethnic or national
minorities within their jurisdiction are able to exercise their
rights based on human security and human sovereignty which is
implied under the charter of United Nations which starts with the
words "We the peoples of the United Nations" and not We
the Nations of United Nations.
72. States should
repeal legislation that renders members of minority communities
stateless and deprives them of their rights as citizens.
73. States should
repeal legislation that facilitates discrimination against ethnic
and racial minorities and deprives them from enjoying their
identity, culture, religion and language as in the case of
Chinese minorities in Indonesia and the Kirati people of Nepal.
74. States must
ensure effective access to educational institutions and
employment for minorities and promote their full enjoyment of all
human rights.
75. States must
adopt measures to combat acts of violence and crimes committed
due to discrimination on the basis of national, ethnic,
linguistic, religious or minority identity, to prevent these
crimes from going unpunished. They should implement measures
aimed at exhaustive, prompt and impartial investigation into such
crimes, and punishment of perpetrators in accordance with law
that is compatible with the international human rights norms and
standards. In such situations, adequate protection and support
should provided for victims, individuals or collective, members
of their families and defenders of their rights, as well as
others who participate in the investigation and legal proceedings
including protection from any mistreatment or any act of
intimidation or reprisal. Adequate compensation must be paid to
the victims and survivors of such acts of violence.
Religion-based Discrimination and
Intolerance
76. The Asia-Pacific
Region has seen the systematic outbreak of religion-based
intolerances, often in the garb of religion based nationalism
that has resulted in the denial of basic human rights, including
the right to life, liberty, equality, opportunity, freedom of
residence, conscience and belief.
77. The
manifestation of religion-based intolerance by States in the Asia
Pacific region have taken the form of negative influence on the
legislature, the judiciary, the executive and related state
machinery especially law enforcement bodies with anti-minority
biases.
78. The Asia Pacific
region has witnessed the increasing interference by the state on
religious and cultural practices leading to cultural
marginalization and annihilation of peoples.
79. Jerusalem, a
city of reverence and religious sanctity for three major
religions of the world should be declared an international site
of prayer and worship.
80. A specific and
dangerous manifestation of these intolerant tendencies in the
Asia-Pacific region is the perpetration of religion-based
intolerance and discrimination through a systematic stereotyping
of religious minorities in the media leading to further
marginalisation of these communities and the distortion of their
role in our histories in educational curriculum and text-books.
81. These
circumstances have rendered women, especially those belonging to
religious minorities vulnerable to all forms of violence and
denial of rights, thus aggravating existing discriminations
within their own communities, and thereby reinforcing patriarchal
values detrimental to women's dignity and status.
People under foreign occupation,
refugees, and internally displaced peoples
82. Foreign
occupation creates an environment in which the occupied people
are exposed to a wide range of violence. While the occupation of
Palestine by Israel is the most serious problem of foreign
occupation in our region, the situation of the people of Tibet,
Aceh Sumatra, Bougainville, and West Papua are also of great
concern.
83. The issue of the
continuing subjugation of the Palestinian people is a threat to
the security and stability of our entire region. The social,
cultural, economic and political pressures which the Palestinian
people suffer under the racist policies of the Israeli government
are an extreme form of racism and discrimination.
84. Throughout the
Asia-Pacific region, political tensions, internal conflicts,
militarism, racism and economic deprivation are resulting in an
increase in the numbers of refugees and internally displaced
persons. Racism is often a motivation for militarization and is a
major factor generating internal displacement and refugees.
85. People living
under foreign occupation face some of the worst forms of racism,
racial discrimination, cultural genocide, religious intolerance
and other related forms of intolerance as a direct result of
state policies of assimilation and integration.
86. State policies
that implement population transfers aimed at altering demographic
patterns in a particular region further intensify the
discrimination suffered by these populations. There is deliberate
racism in refugee resettlement policies under which countries
give preferential treatment to particular groups on the basis of
their race, ethnicity and other factors.
87. Ethnic tension
is often deliberately exploited as part of a political agenda.
88. Refugees and
asylum seekers in countries outside their country of origin face
problems of discrimination based on their ethnic and racial
identity and their status as displaced people.
89. Refugees and
internally displaced persons are stigmatised and criminalized by
laws and policies of host governments.
90. Internally
displaced people are also often victims of racial and ethnic
discrimination, and are deprived of their basic rights as
citizens. The condition of these displaced populations is a
constant reminder of the urgent need to resolve these conflicts
so that these communities may return.
91. States must
avoid the implementation of deterrent policies and practices that
place obstacles in the way of people who wish to seek asylum.
92. The
intersectionality of race, gender, and refugee status should be
recognized, in relation to refugee and displaced women who are
discriminated against on many grounds, including their ethnicity
and sex. Rape and forms of sexual torture which are used in
situation of conflict should be recognized as a war crime and as
the basis for granting refugee status.
93. The freedom of
movement which is a guaranteed fundamental right is often
curtailed in the case of refugees and the internally displaced in
general and of political leaders in exile in particular. This
right must be respected.
94. Refugees and
internally displaced persons are often victims of further
violence and intimidation in the camps where they seek refuge
including at the hands of members of armed militias who operate
with impunity, as experienced by East Timorese refugees in
Indonesia. Women in the refugee camps are also victims of
domestic violence and trafficking.
Migrants
and Trafficked Persons
95. Migration,
particularly labour migration, is not a choice but a necessity
for migrants and their families to survive massive poverty,
racial or ethnic or gender-based violence and internal conflicts
in their countries. The right to mobility of all persons should
be respected, even of those from groups who are at risk.
96. The
restructuring of the global economy facilitates the movement of
capital across national borders but restricts and controls the
movement of labour. This feature exacerbates regional economic
inequalities and the demand for the cheapest, most flexible and
deregulated labour, has become a major contributing factor to
international migration. This process has resulted in the outflow
of millions of workers, including large numbers of women, from
the less developed to the more developed countries within and
outside the region. The belief that migrants are economically
necessary and socially undesirable puts the premium on economic
gains and violates and compromises the human rights of migrants
and migrant workers.
97. Patriarchal and
sexist ideologies framing the current international division of
labour intensify women's subordination, undervalue women's work
and contribute to the feminization of poverty and labour
migration. They also perpetuate gender stereotypes and restrict
women to reproductive work, entertainment and other jobs
requiring "feminine" attributes. These make women
migrants more at risk than men to racist, discriminatory,
xenophobic, and exploitative treatment.
98. The
commodification of women within the international labour market
which confines women to certain specific sectors of employment,
is a reflection of patriarchal, sexist and discriminatory
ideologies.
99. The reproductive
rights of women migrant workers are denied and violated by
mandatory testing for HIV/Aids, pregnancy and immediate
deportation for HIV-positive status, exclusion from social
services, higher fees for medical treatment and demand for legal
documents prior to admission in hospitals, and other similar
requirements.
100. Governments,
officially or otherwise, play an active role in the promotion,
recruitment and export/import of migrant workers. They also
derive significant economic gains from the labour export/import
industry. As such, they should be made accountable for the
protection of the rights and welfare of migrant workers,
regardless of immigration status.
101. Amidst
deregulation, migrant workers' dignity and rights are
compromised, rendering them vulnerable to unscrupulous recruiters
and brokers, and deceptive schemes such as the "trainee
system".
102. The
discrimination experienced by most migrant workers is manifested
through restrictive and exclusionary immigration and labour laws
and policies, the denial of trade union rights; exploitative
working conditions, low wages and non-payment of wages, lack of
access to public services such as health, housing and social
security and in both subtle and overt acts of hostility and
violence against specific groups based on color, gender, class,
ethnicity, nationality and position in international power
relations. It is structural in nature and contravenes
international standards.
103. Migrant workers
suffer gross violations of their human rights due to the lack of
legal protection and redress mechanisms. In this context women
migrant workers experience multiple forms of discrimination,
particularly women from groups vulnerable to racial
discrimination.
104. Undocumented
migrants are doubly at risk of racial discrimination and
xenophobia. Their lack of legal status is often used to justify
denial of basic human rights, including access to redress
mechanisms and basic social services.
105. Families of
migrants experience racism, and discrimination as manifested in
restrictive and exclusionary immigration laws, labour and social
laws, attitudes and practices in receiving countries that
disallow family reunification, limit if not deny access to public
and social services, regulate mobility, and deny other
socio-economic, cultural and political rights on grounds of being
non-citizens, and xenophobic attitudes about their social
integration into the receiving countries.
106. Similarly, in
the sending countries, state mechanisms for protection and
support for families of migrant workers are limited if not
completely absent.
107. Legal and
policy frameworks that enable states to make a distinction
between citizens and non-citizens in terms of enjoyment of rights
lay the foundation for multiple forms of race-based
discrimination against documented and undocumented migrants,
migrant workers and trafficked persons.
108. The large-scale
movement of persons across borders and within countries, using
legal and non-legal methods, is another phenomenon that gives
rise to various manifestations of racism, racial discrimination
and xenophobia. Trafficking in persons especially women and
children for the exploitation of their labour and sexuality has
been described as a contemporary form of slavery. Some
communities are especially vulnerable to trafficking,
particularly those belonging to oppressed caste groups, ethnic
and other minority communities and other groups victimised by
racial discrimination.
109. Another major
phenomenon in migration is the organised movement of displaced
persons and asylum seekers which is often described as human
smuggling or migrant smuggling.
110. Internal
migrants within countries such as China face similar barriers and
experience similar abuse and forms of discrimination as
cross-national migrants. Their right to work and live outside
their places of origin, as well as their movements, are regulated
and restricted by cross-provincial controls and systems that
single them out on the basis of their language, rural origin
and/or other ethnic indicators. Internal migrants also become
scapegoats for rising crime rates and the decline of social
entitlements for city dwellers. They have no recourse against
serious abuses of their rights, including torture and arbitrary
detention, deprivation of social and economic rights, and
violation of labour rights.
111. Particular
concern is expressed on the violation of migrant workers' rights
in Western Asia as manifested in arbitrary arrest and detention,
denial of the right to worship, use of torture for extraction of
forced confessions, denial of due process and access to legal
counsel, and mass deportation, specially of Arab workers in the
Gulf states because of political differences.
Conclusion
The major and
critical problems referred to above challenge us to initiate a
global effort to combat racism, racial discrimination, xenophobia
and related intolerances at the cultural, structural and
institutional levels. We call for a comprehensive and intensive
set of programs at the level of the United Nations and other
international, regional, and national levels. All members of the
United Nations should jointly develop a common plan of action to
eliminate all forms of discrimination, including intersectional
discrimination, with their own discriminatory practices being the
first priority. Combating racism and discrimination calls for the
creation and strengthening of alliances among various sectors and
groups of
people who are the
victims of globalization and racism. It also calls for better
links between these groups and other civil society actors. More
equitable structures should replace the neo-liberal hegemonic
global political-economic structures. A dialogue of civilisations
should replace the clash of civilisations.
RECOMMENDATIONS of the
ASIA PACIFIC NGO FORUM
TEHERAN / KATHMANDU
The Asia Pacific NGO Forum recognises
the urgent need to translate the objective of the Declaration by
the NGO Forum into a practical and workable Plan of Action.
We therefore recommend to the
governments of the Asian Pacific region :
1. Ratify, without
reservations, and ensure implementation of :
- the
International Convention on the Elimination of All Forms
of Racial Discrimination (ICERD);
- the Convention
on the Elimination of All Forms of Discrimination Against
Women (CEDAW) and
- the Optional
Protocol to the Convention;
- the Convention
on the Protection of the Rights of Migrant Workers and
Members of Their Families (MWC);
- the Rome
Statute of the International Criminal Court (ICC);
2. Lift reservations
to ICERD, and making a Declaration under Article 14 of the
Convention that will enable the filing of individual complaints
to the Committee monitoring the implementation of the Convention.
3. Create temporary
special measures as outlined in Art. 1 (4) of ICERD and Art. 6 of
CEDAW to create conditions of equality for historically
disadvantaged communities, including women, using a perspective
that looks at the intersectionality of various forms of
discrimination.
4. Implement Art. 6
of ICERD which assures effective protection and remedies to
victims of racism and racial discrimination and accept the right
to just and fair compensatory measures for victims of racism and
racial discrimination.
5. Recognize the key
role of the global mass media industry and the internet in
shaping opinions and in inculcating attitudes of tolerance and
pluralism and provide greater support for community-based media
which could give voice to members of disadvantaged communities,
including women and facilitate the flourishing of indigenous
cultures.
6. Seriously
consider ways and means to mitigate the negative cultural effects
of global dominance by the Western-based mass media industry,
especially in the light of the recommendations made by the Sean
McBride Commission of the UNESCO.
7. Review of all
national laws and policies to bring them in line with the
principles and values set out in ICERD and other human rights
treaties.
8. Ensure that
caste-based and other similar forms of discrimination on the
basis of descent and occupation be explicitly addressed within
the agenda of the World Conference against Racism, in order to
acknowledge communities that have been subject to perennial and
persistent forms of discrimination and abuse on this basis.
9. Recognize the
critical role played by non-governmental organisations and
members of civil society, including members of targeted groups,
in preventing and combating racism, racial discrimination,
xenophobia and other forms of intolerance and support them in
their activities in this area with the necessary resources.
10. Initiate a comprehensive programme of
work as a global community for the further strengthening of the
UN system by radically restructuring the system, towards an end
to the veto power of the Security Council, in order to ensure
greater democracy in decision-making processes, greater
collective responsibility, transparency and equitable sharing of
resources according to the capacities of member states; and that
Asia and Pacific governments take their own collective
initiative, in the long-term, to promote a reform of the UN
structures;
Gender and Racism
11. Invite the CEDAW
Committee to elaborate a General Recommendation on the
inter-sectionality between racism and gender.
12. Incorporate a
gender perspective into all aspects of the WCAR.
13. Review and
reform national laws related to violence against women to
guarantee that they also address violence against women based on
racism and racial discrimination, xenophobia and related
intolerance, and create special programs to address the needs of
women victims of such forms of violence.
14. Include a
perspective on the intersectionality of various forms of
discrimination in all educational programs, with a special focus
on the eradication of stereotypes based on race, caste, sex,
descent, national or ethnic origin and other factors.
15. Create special
training programs for public officials, members of the judiciary
and the legal profession, and members of law enforcement agencies
to make them more sensitive to the inter-sectionality of
different forms of discrimination, with a special emphasis on
gender-sensitivity.
Caste and Racism
16. Enact
legislation to combat caste-based discrimination in those
countries where such legislation does not exist.
17. In countries
where legislation banning discrimination on the basis of caste
already exists, take immediate steps to create transparent and
effective monitoring mechanisms including the establishment of
time-bound programs to ensure effective implementation of such
legislation.
18. Enforce laws to
criminalise violence and atrocities committed against members of
communities that experience marginalization due to caste, descent
and occupation, especially the women of these communities;
19. Ensure that
members of these communities are protected by law from
exploitation of their labour, including the implementation of
laws that prohibit child labour, bonded labour and manual
scavenging.
20. Implement laws
relating to land reform that would guarantee access to and
control of land for these marginalized communities, especially
the women of these communities;
21. Create and
strengthen policies and systems that enhance access of members of
these communities to higher government posts, including in
scientific institutions, and to posts in the judiciary,and in the
private sector including multinational corporations operating in
these countries;
22. Enhance
participation of members of these communities in agencies such as
law enforcement agencies;
23. Allocate
adequate funds for programs for the socio-economic upliftment of
these communities including educational programs, with a special
emphasis on the women of these communities;
24. Implement the
Resolution on Discrimination based on Work and Descent adopted by
the United Nations Sub-Commission on Human Rights in August 2000.
Indigenous Peoples
and Racism
25. As states,
assume responsibility for colonial and contemporary injustices
including all forms of colonialism, by making apologies and
providing for reparation/compensation.
26. Adopt the Draft
Declaration on the Rights of Indigenous Peoples in its original
form before the International Decade on Indigenous Peoples ends
in 2004.
27. Recognise in the
Declaration and Program of Action of the WCAR that Indigenous
Peoples are "peoples" and this term should be used
consistently in all the documents, including NGO documents,
maintaining the standard created by the first World Conference on
Racism and the CERD Committee.
28. Affirm, in the
Declaration, the right of Indigenous Peoples to have control over
their territories and ownership of their lands, waterways, and
resources, including guarantees that no development should take
place in their territories except with their prior and full
informed consent.
29. Reiterate, in
all WCAR documents, the right to self-determination of Indigenous
Peoples as articulated in Article 1 of ICCPR and ICESR, "All
peoples have the right of self-determination. By virtue of that
right they freely determine their political status and freely
pursue their economic, social and cultural development".
30. Recognize the
identity and rights of Indigenous Peoples and adopt, in agreement
with Indigenous Peoples constitutional, administrative,
legislative and judicial measures necessary to promote, protect
and guarantee the exercise of Human Rights and fundamental
freedoms in indigenous communities and repeal discriminatory
clauses in Constitutions and laws, including those that deny
citizenship.
31. Support and
encourage Indigenous Peoples to establish their own political
structures in order to achieve effective representation in a
democratic and transparent electoral process.
32. Put in place
appropriate mechanisms to protect the cultural and intellectual
property of Indigenous Peoples and ensure that any use of such
property shall be done with the full informed consent of
Indigenous Peoples and with appropriate benefits and royalties
being paid to Indigenous Peoples
33. Recognise,
through legislation, the rights of Indigenous Peoples to assert
their identities, maintain, develop and promote their cultures,
educational institutions, values, languages and ensure that
Indigenous Peoples have full access to all mediums of
broadcasting media, television, and related institutions.
34. Establish
Independent bodies to investigate the use of armed force, police
brutality and militarization against Indigenous communities.
35. Commence the
process of demilitarization in all militarized areas and
establish mechanisms to indict the perpetrators of human rights
violations against Indigenous Peoples; cease forced and deceptive
recruitment of Indigenous Peoples in armed conflict and support
the call for the creation of a Commission on Indigenous Peoples
and Conflict Resolution and Mediation as set out in the
Resolutions of the "International Conference on Conflict
Resolution, Peace-Building, Sustainable Development and
Indigenous Peoples" held in Manila from Dec. 4-6, 2000.
36. Recognise and
promote of the use of Indigenous legal systems and administration
of justice and ensure that Indigenous Peoples are treated equally
before the courts and other bodies administering justice, in
particular, ensuring where necessary, that they are provided with
adequate legal representation and translation services.
37. Formulate a Plan
Of Action to retain and maintain the cultural, religious,
economic, political, social, and customary practices of
Indigenous Peoples free from discrimination and racism at the
international national and regional levels.
38. Condemn and halt
the 'minoritization' of Indigenous Peoples through population
transfer schemes, establishing an independent and competent body
with full participation of Indigenous Peoples to resolve the
issue of settlers.
39. Stop
"Development" ideology that is detrimental to
Indigenous Peoples.
40. Ensure that
Indigenous Peoples shall be free to use their natural resources
including biodiversity and genetic resources and ban the
appropriation of their resources through the patenting of their
human, plant, and animal genetic resources. Impose a moratorium
upon the collection of human genetic materials.
41. Halt activities
of transnational Corporations who infringe and exploit Indigenous
Peoples resources and ensure payment of compensation to
Indigenous Peoples for damages caused. Establish monitoring
mechanisms and regulate activities of transnational Corporations
immediately.
42. Provide adequate
resources for the Permanent Forum On Indigenous Issues, approved
by the United Nations General Assembly.
43. Convene an
international conference on Indigenous Peoples at the end of the
International Decade of the World's Indigenous People
(1995-2004).
44. Ensure payment
of retrospective and equal compensation for Indigenous armed
service personnel such as the Gurkhas who served in the British
army immediately.
National Minorities
and Racism
45. Ensure the right
of self determination of ethnic and national minorities, along
with guarantees of their cultural and linguistic rights.
46. Create laws that
will protect members of minority communities, especially women,
and put in place mechanisms that can monitor the implementation
of such laws.
47. Repeal
legislation that renders members of minority communities
stateless and deprives them of their rights as citizens.
48. Promote
multicultural policies, including in the education system, in
order to combat racist and discriminatory ideologies and values.
49. Ensure the
application of humanitarian law in situations of
non-international and internal armed conflicts to protect
civilians and combatants, including child soldiers.
50. Ensure full
participation of members of minority communities, including
women, in peace processes and in the conclusion of peace
agreements.
51. Adopt measures
to combat acts of discrimination and ensure that such crimes are
punished. This must include:
- Exhaustive,
prompt and impartial investigation of those responsible
for such acts;
- Punishment, in
accordance with law that is compatible with the
international human rights norms
- and measures,
for those found guilty of such acts;
- Adequate
protection for victims, be they individuals or groups, of
acts of violence and crimes committed due to
discrimination on the basis of national, ethnic,
linguistic, or religious characteristics. This must
include protection from any inhuman or degrading
treatment or any act of intimidation or reprisal for the
victim(s) and their relatives, associates and those who
defend their rights or participate in the investigation
and legal proceedings. Adequate compensation must be
provided for victims by the perpetrator and by the state.
Religous
Intolerances
52. Review national
legislation that are discriminatory to religious minorities.
53. Enforce the rule
of law in keeping with international human rights' standards and
international covenants like ICERD, CEDAW and the Declaration on
the Elimination of All Forms of Intolerance and Discrimination
based on Religion and Belief (UNGA No 36/35-25-11 1981), that
protect the life, property, freedom of residence, freedom of
conscience, belief and worship.
54. Ensure that all
educational syllabi, curriculum and text-books respect
multi-cultural, multi-religious, plural societies.
55. Encourage
governments to invite the Special UN Rapporteur on freedom of
religion and belief to conduct country visits to countries where
religion-based intolerances and discriminations are taking place.
People under
foreign occupation, refugees, and internally displaced peoples
56. We call for the
implementation of the resolutions passed by the United Nations
General Assembly (UNGA) and the United Nations Security Council,
that affirm the right to self-determination of the Palestinians
and the right of Palestinian refugees to return to their homes
and to receive compensation.
57. We recommend to
the WCAR in Durban, South Africa, that, in view of the serious
threat to regional and world peace and security due to the
continuing subjugation of the Palestinian people by Israel and
increasing use of military aggression in the suppression of
Palestinian resistance, the problem of Palestine be taken up as
the most urgent issue on the global political agenda; and that
the WCAR adopts strategies that could be pursued by the
international community, especially the United Nations, for a
resolution to the problems of the Palestinian people and an end
to the occupation of the territory of neighbouring States by
Israel.
58. We also call for
the implementation of the UN General Assembly Resolution on Tibet
passed in 1959, 1961 and 1965 affirming the right to
self-determination of the Tibetan people and for the creation of
mechanisms to address the issue of Tibet.
59. We condemn the
targeting and often execution of human rights defenders in the
occupied territories of Aceh-Sumatra, Bougainville, West Papua
and Tibet.
60. We urge all
governments to sign and ratify the UN conventions on Refugees.
61. We call for the
creation of an international mandate for the protection of
internally displaced peoples and the provision of services which
includes trauma counseling, healing, reconciliation, etc.
62. We encourage
States to actively involve Refugees in the peace process,
including women representatives.
63. We call for the
creation of mechanisms for the protection and recognition of the
special needs of victims of ethnic cleansing/genocide and
torture.
64. We also call for
the creation of mechanisms for the protection and special needs
of the victims of sexual violence and exploitation.
65. We encourage
host countries with migrant and refugee populations to promote
inter-ethnic community between populations.
66. We call on all
states to enact policies that protect the human rights of
refugees and internally displaced persons, in accordance with the
principles of international human rights standards and
international humanitarian law.
67. We also call on
states to ensure that resettlement is offered to refugees and
internally displaced persons on merit, regardless of their ethnic
or religious background and their family situation, and with full
respect for the wishes of the persons or persons concerned.
68. In addition, we
urge that states ensure access to funding and other services for
refugees, asylum-seekers and internally displaced populations in
an equitable manner, based on needs and unrelated to cultural,
political and economic imperatives.
69. We urge states
to recognise gender-based violence as a form of persecution and a
ground to seek asylum according to the Refugee Convention.
Migrants and
Trafficked Persons and Racism
70. We call for
states to investigate and address the root causes of migration
and trafficking including poverty, political and social
oppression, ethnic, religious, gender and caste-based
discrimination and situations of violence and armed conflict.
71. We urge the
recognition of the positive political, economic and social roles
and contributions of migrant workers, and call on states to
ensure their full political and economic social and cultural
participation as an essential element in eliminating all forms of
discrimination.
72. We demand the
creation of institutions and enforcement mechanisms that involve
governments, non government organisations and grassroots groups,
in actions and activism to protect and prevent racial and gender
based violence against migrants and trafficked persons in host
and transit countries, in situations of custody and
incarceration, and in the context of repatriation.
73. We call for the
establishment of policies that would strengthen the
accountability of migrant-sending countries while also enabling
states to monitor the activities of non-state agencies such as
private recruitment agencies and trafficking syndicates.
74. We call for the
guarantee of the human rights of migrant workers, including the
right to vote of all migrant workers who are located outside the
country at the time of an election and the right of migrant
workers to have equal access to healthcare and other social
services in the host country.
75. We also call for
the creation of laws related to trafficking that respect the
human rights of trafficked persons and of their right to choose
their own future. In doing this, special attention must be paid
to the legal and other needs of trafficked persons.
76. States should
recognise the right to compensation for victims of trafficking.
77. Particular
attention should be paid to the situation of migrants' human
rights in West Asia, especially the denial of fair trial and the
imposition of punishments that are not in accordance with
punishments for similar crimes in their home country.
78. We urge all
governments to stop all practices of mandatory testing on HIV
Aids, pregnancy and to respect the reproductive rights of women
migrant workers.
79. We call on
governments to ratify the UN Convention for the Protection of the
Rights of all Migrant Workers and Members of their Families, the
International Convention on the Elimination of All Forms of
Discrimination against Women and other pertinent instruments for
the protection of basic human rights.
80. We call for the
repeal of all laws and policies that discriminate against migrant
workers and their families, and violate their human rights.
81. We demand the
abolition of the trainee system, the guarantor system and other
related schemes that violate migrant workers' rights.
82. We demand
guarantees of equal treatment of migrant workers before the legal
and judicial structures, including access to legal counsel and
due process.
83. We call for the
granting of legal status and decriminalization of undocumented
migrant workers.
84. We urge states
to develop a comprehensive reintegration program in the home
countries for the productive utilization of remittances and the
development of local economies.
85. We urge China
and other countries with internal migrant issues to adopt and
abide by international instrument that protect human rights as
well as social, economic labour, cultural and political rights as
well as legal protection for internal migrants.
86. We urge state
and UN agencies to ensure the protection of the rights of
trafficked persons, especially women and children, including the
provision of safe and voluntary repatriation, temporary
residence, and social reintegration to prevent further
stigmatization and gender, caste based and racial discrimination.
87. We urge sending,
transiting and receiving countries to ensure measures to prevent
acts of discrimination to trafficked persons especially those
with HIV/AIDS.
88. We demand that
states ensure immediate punitive legal actions and transparent
measures to halt the involvement of police, military, immigration
authorities and politicians in facilitating trafficking in
persons.
89. We demand
bilateral agreements between sending, transit and receiving
countries to create measures for safe and voluntary repatriation,
extradition and prosecution of traffickers, and protection and
compensations of victims.
90. We urge sending,
transit and receiving countries to undertake sensitization
through information and education of states service providers,
police and other law enforcers, prosecutors and judges to prevent
further gender, caste based and racial discrimination.
91. We call on
states to ensure immediate preventive measures and programs for
groups, sectors and communities vulnerable to trafficking, i.e.
education, awareness raising, adequate information and economic
programs.
92. We urge states
to encourage the business sector, in particular the tourist
industry and Internet providers, to develop codes of conduct with
a view to protect trafficked persons and high-risk groups. States
should encourage the establishment of independent civil society
committees to monitor compliance with such codes of conduct.
Country-specific
Recommendations
Afghanistan
93. The peoples of
Afghanistan are the victims of the dual persecution caused by
religious fundamentalists, especially the Taliban on the one
hand, and the economic devastation caused by UN imposed economic
sanctions on the other. The Afghan peoples, especially women and
children, have been made victims to a series of futile 'peace'
accords. The unholy nexus between Jihadi squads and the Taliban
fundamentalists are the cause of gross human rights violations of
the people of Afghanistan.
94. We note that the
women in Afghanistan have been particularly targeted by the
Taliban. They are subjected to a complete denial of their most
basic human rights such as the right to work, receive an
education and travel, and are targeted for particular forms of
violence in the name of religion. We demand that particular
attention is paid to the situation of women and children in
Afghanistan in any measures taken by the international community
to achieve peace in that country.
95. We demand the
lifting of UN sanctions that have only further devastated an
already impoverished people and call on the United Nations and
the international community to assist the Afghani people in their
struggle against the repressive and fundamentalist regimes in
Afghanistan.
96. In particular we
demand that the United Nations focuses on disarming all
fundamentalist bands in Afghanistan through the deployment of a
UN Peacekeeping Force.
97. We also demand
that all international pressure including from the UN is deployed
to restore democracy and achieve respect for the basic human
rights of the peoples of Afghanistan.
98. We call on the
United Nations and countries such as Pakistan, Iran, Saudi Arabia
and the United States who every now and then remind the world
that the Taliban and Jihadi leaders "are important
leaders". We call on aforementioned states to refrain from
ignoring the aspirations of the Afghani people for democracy to
return to their country.
99. We also call on
the international community to ensure that Afghani women and men
are able to attend public fora and voice their aspirations before
the world instead of facing innumerable obstacles on every
occasion in which they attempt to do so.
Tibet
100. We recommend
that the Special UN Rapporteur on Freedom of Religion and Belief
visit Tibet since the peoples of this region suffer double
discrimination as discriminated and marginalised religious
minorities as well as people suffering under foreign occupation.
101. We demand that
the cultural annihilation of the Tibetan people, through a
systematic attack on their monasteries and severe restrictions on
the age limits for monks to serve, should stop since this will
result in the shutting down of Buddhist monasteries in Tibet.
102. We also demand
that monocultural and hegemonistic practices through the school
system and through other state institutions should not be used to
curtail the religio-cultural freedom of the Tibetan people.
Indonesia
103. We deplore the
low health status of indigenous women and children in Indonesia
and remind the State that it is responsible for improving this
situation. We note with shock that currently the mortality rate
is higher among indigenous women and children because of the lack
of health facilities, services and information.
104. We call on the
State to acknowledge the rights of indigenous peoples to their
lands and resources, and to provide just and adequate
compensation where these rights have been and are violated and
denied.
105. We demand an
end to systemic militarism that serves to discriminate and target
religious minorities in Indonesia, especially women of these
minorities.
106. We recommend
the promotion of inter-religious and inter-cultural dialogue to
assist the resolution of religion based intolerance in this
country.
107. We call for the
repeal of all discriminatory laws that deny or limit indigenous
peoples the right to self-determination and in addition urge that
State law recognises the equality of customary law with State
law.
108. We also call
for an indigenous people's representative to be given the space
and opportunity to participate in political processes and
decision-making in the Parliament.
India
109. We are
seriously concerned about the upsurge of religion-based
chauvinism in India (under the garb of Hindu 'nationalism') that
has led to violent attacks, persecution, ghettoisation, and
marginalisation of religious minorities in the past few years has
specifically misused religion and religious symbols for political
ends. These movements that have in recent years even acquired
state power, have impacted on state policy, including eroding the
democratic and secular values contained in the Indian
Constitution.
110. We deplore the
resultant failure of the government to control groups in civil
society that also owe allegiance to this strong religion-based
nationalism. A sense of fear and alienation in the country's
minorities has been perpetrated. State policy including
educational syllabi and text-books have been engineered and
influenced by these anti-democratic and anti-secular tendencies,
resulting in hegemonistic representations of history and outright
hate preaching in textbooks. We have noted state failure to
implement the fundamental rights of all citizens, especially
those belonging to the religious minorities especially at times
of outbreak of violence. There has been a collapse of the
criminal-justice system in punishment of the guilty -- be they
civilians, policemen in uniform or other law enforcement
officials -- that have further resulted in the reduction of the
values enshrined in the Indian Constitution to sheer tokenism.
111. We recommend
that the entire international community takes serious note at the
erosion of secular and democratic values of the Indian state.
112. We also
recommend that the international community exercises it's
influence in containing the forces of religion-based nationalism
that are affecting the life, security, equal opportunity in
employment and adequate representation and freedom of worship of
Indian religious minorities as also seriously affecting the
quality of Indian democracy.
113. We recommend
that the Indian government takes cognisance of the tendencies of
religious intolerance and discrimination and takes all steps to
ensure that the life, property and freedom of religion and
conscience of minorities are protected.
114. We call for
immediate remedial measures including the prompt punishment of
those who are guilty and payment of adequate compensation to the
victim-survivors when violations of these rights do occur.
115. We urge that
educational syllabi should reflect democratic and principles and
pluralism in their perspectives instead of promoting hate
preaching and hegemonistic views.
116. We also call
for appropriate legal action to be taken to ensure the halting of
blatant and manipulated use of hate speech against minorities to
perpetrate religion based intolerance and discrimination.
117. We urge the
government of India to take all necessary steps to ensure the
restoration of the full faith of the minorities in the policies
and programmes of the state.
Pakistan
118. Religious
minorities in Pakistan are marginalised and disenfranchised
through various forms of statutory and structural discrimination.
The system of separate electorates is designed to keep religious
minorities politically, economically and socially disempowered.
They are debarred from holding a number of public and judicial
offices. The Ahmadis are prohibited from professing, observing
and preaching their faith under pains of severe punishment.
Blasphemy law is a draconian piece of legislation which is
repugnant to international legal standards and violates the human
rights of minorities. Apart from blatant social discrimination,
extremist Islamist groups harass members of minorities in a
number of ways.
119. We demand the
repeal of laws that discriminate against the basic human rights
of religious minorities including the abolition of the system of
separate electorates and the blasphemy law.
120. We demand an
end to the persecution of all religious minorities.
121. We demand
administrative and legislative measures to root out religious
hatred from educational curricula, print and electronic media.
122. We demand that
the government of Pakistan employs all resources to curb militant
and extremist groups that are involved in promoting religious
hatred not only within Pakistan but elsewhere in the region.
Nepal
123. We demand that
the kingdom of Nepal recognises it's multi-religious composition
and in accordance grants the minority religious communities their
basic human rights including their socio-cultural as well as
their political rights.
124. We call for the
granting of equal legal rights to all members of religious
minority communities within the kingdom of Nepal to enable them
among other things to purchase and own land for the purposes of
building their religious and educational institutions, places of
worship, burial grounds etc.
125. We also call
for the granting of religious holidays representing important
days and festivals for the religious minorities in Nepal and the
inclusion of these days in the list of official, government
holidays.
126. We call for the
opening up of government jobs, including in the army and in the
foreign service, to all peoples living in the kingdom of Nepal
without any discrimination on the basis of religion, race, caste,
gender and ethnicity in the interests of eliminating
discrimination in employment, promotion and other related
matters.
127. We demand that
official recognition be given to the languages and cultures of
minority communities and that all necessary arrangements be made
to promote, preserve and develop the same.
128. We call for
legal and administrative provisions to be put in place to address
the areas of discrimination that religious minorities face in
employment and other areas of public and private life.
129. We call for the
constituting of a Waqf Board for the Muslim minority community in
Nepal.
130. We also call
for the urgent creation of a Minority Commission with a view to
provide a nodal body which can review, monitor and ensure the
protection of the rights of religious minorities in Nepal.
Bhutan
131. Through the
implementation of various racially discriminatory policies,
including the 'One Nation One People's Policy' of 1990, the Royal
Government of Bhutan has rendered more than one sixth of its
population refugees and infringed the cultural expression of the
Nepali speaking Lhotsampa population in the south. The census
policy of 1988 revoked the right to citizenship of tens of
thousands of southern Bhutanese citizens who were forced out of
the country and who now live as refugees in UNHCR camps in Nepal
and outside camps in Nepal and in India. Religious freedom of the
Sarchhops or the eastern Bhutanese people has been suppressed and
the government is implementing a scheme of resettlement of
northern Bhutanese people on lands belonging to the refugees.
This deprives these people, upon repatriation, the right to
restitution of their ancestral/original lands and other property.
132. Currently
bilateral negotiations between the governments of Bhutan and
Nepal have led to the undertaking of the verification of
Bhutanese refugees but this remains far less effective than
anticipated and does not address the very fundamental issues of
racial discrimination which made them refugees in the first
place.
133. The Bhutanese
government also continues the practice of racial discrimination
in employment, provision of social welfare facilities like
education and health.
134. The government
of Bhutan has suppressed the struggle of the Bhutanese people
against a racist and undemocratic system.
135. In view of this
situation, we urge the Royal Government of Bhutan:
- to stop the
implementation of its "One Nation One People
Policy" and allow freedom to various ethnic groups
to practice their own religion, culture and language and
tradition;
- to modify its
retroactive and racially discriminative 1985 Citizenship
Act such that no Bhutanese citizens who were legal
Bhutanese citizens prior to its implementation are not
deprived of their right to citizenship;
- to stop
religious and other discriminatory practices against the
Sarchhops and other minorities in its territory;
- to forthwith
stop resettlement of northern Bhutanese people on lands
belonging to refugees and relocate the new settlers;
- to intensify
the process of verification and facilitate an early
repatriation of all the Bhutanese refugees to their
original homes and hearth;
- stop
discriminatory practices in the form of forced retirement
of Lhotsampa and Sarchhops civil servants, denial of
opportunities to marginalised groups and restore social
welfare facilities like education, health etc.;
- Release all
political prisoners who are being incarcerated for having
opposed the racist policies.
Teheran 18-19
February 2001/ Kathmandu, 27-29 April 2001
STATEMENT
OF THE INDIGENOUS PEOPLES' WORKSHOP
TO THE NGO NETWORKING MEETING FOR
THE WORLD CONFERENCE AGAINST RACISM
Kathmandu, Nepal,
April 27-29, 2001
Opening Statement
We, the Indigenous
Peoples from Asia-Pacific gathered in Katmandu, Nepal from 27-29
April 2001, for the NGO Conference on the World Conference
against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, present an open Statement:
That we support the
report of the Teheran Indigenous Peoples workshop on Racism. That
we support the report from the Pacific Indigenous Peoples
Conference on Racism, hosted by the Indigenous Peoples of
Australia [20-22 February 2001]
That as an
initiative and act of good faith by Governments to combat racism,
we call for the adoption and ratification of the UN Draft
Declaration on the Rights of Indigenous Peoples before the end of
the decade of Indigenous Peoples in 2004. That we support all
those involved in the continued struggle for inherent rights,
rights to self-determination, the right to fundamental human
rights and protections, the right to be free from all forms of
racism, colonialism, racial discrimination, xenophobia and
related intolerance.
We have listened to
many voices and have made several observations. The testimonies
given by our brothers and sisters yesterday focused our attention
on the reason why we have gathered here. Devoid of politics they
took us to the cold harsh face of racism. Graphic descriptions of
the atrocities committed by State authorities and others, upon
these persons was moving and disgusting. We heard of the
violation of women, murder of comrades who committed no crime,
but simply demanded freedom from discrimination.
They were given
space, their voices were heard and they were listened to with
respect and dignity. The survival and courage of the speakers was
inspiring and uplifting. These stories and voices need to be
heard continually and they need to be heard by Governments in
Durban, and we need to be in Durban with these survivors and to
condemn such practices. These testimonies need to be done face to
face, we cannot be silenced to an NGO forum while power brokers
dictate sympathetic empty words from the safety of a sterile
venue. There must be opportunity in the main plenary for
testimonies.
It has been
acknowledged that racism has several faces, faces that change
like a chameleon. No society or community is free from racism.
Like a cancerous disease it spreads like a rampant virus. But
racism is distinctly different from a biological disease such as
cancer or AIDS, a medical disease that we agree, can only be
combated effectively by all sectors of society devoid of barriers
or sectoral self-interest. However racism is an anathema to
collectivity, it is a social construct, it has its roots in power
and domination and the maintenance of such power is the objective
of racists, not the eradication of racism.
When we talk of
eradication of racism, we must talk of altering the social
construct, we must talk of the re-distribution of power; we must
have real changes to give effect to equality and justice.
Indigenous Peoples have been engaged in a long struggle; it
continues today. We give some contemporary examples for our
brothers and sisters who are not here today.
This very moment the
Hawaiians are challenging in the world court at the Hague, the
greatest power in the world, the USA, claiming that the USA
Government was involved in the illegal overthrow of the Hawaiian
peoples political institution and took illegal control over
Hawaii. For years the Timorese were subject to domination by
Indonesia. For reasons of self-interest, no Major regional
governments raised a voice in Timor's defense, while genocide was
committed. When Fiji suffered recent political turmoil, the
dominant nations in the Pacific waved the colonial stick and made
all types of threats against the Fijian people and their leaders.
They did not offer negotiation or mediation, or go to the aid of
Fiji to resolve the conflict but behaved in an immature
domineering manner devoid of compassion and true leadership. The
long and prolonged refusal by the Australian Government despite
pressure from large sectors of the Australian community, both
indigenous and non-Indigenous to apologize to Aboriginal
Indigenous Peoples for acts of colonial aggression, that have
caused international outrage. There are many other examples of
aggression and racism against Indigenous Peoples all over the
world.
The irony of the
WCAR is that there are strong vested interests that wish to
remain dominant and would rather focus on the effects of racism
and make patronizing statements rather than deal with the root
causes. There are many who have benefited from racism, and would
deny racism has its roots in power domination.
For example when we
ask for full and equal participation in the process of drafting
the final WCAR declaration, the United Nations process denies us
the opportunity, denies the very people who are subject to
racism.
We are told it is a
difficult situation, and excuses are made, that not everyone
agrees with this process but there is no other option. We argue
it is not difficult at all, it is just racist and it is the worst
form of racism. The face of racism within this process is covert
not overt, because it gives the impression of inclusion but is in
fact continued marginalization and domination and we object to
this.
The UN process
continues to silence our voices. They only offer to receive NGO
declarations and from there, they wish to control and interpret
the very substance of our issues, concerns and recommendations.
We do not wish the
substance of our declarations and program of actions to be
tampered with or altered under any circumstances. The United
Nations can choose to continue marginalizing us, discriminating
against us, be intolerant of our issues, revise our concerns and
recommendations, and that is the United Nations decision. However
we will not be assimilated or silenced through either a drafting
process or an institution that refuses to confront and deal with
its inherent racist origins.
To those Nations,
States and peoples who strive to alter the unequal paradigm which
exists, we congratulate you. To those who continue to marginalize
us, we state that Indigenous Peoples and other peoples throughout
the world will not accept such backward and immature behavior
that lacks wisdom, intellectual rigor and is the lowest form of
social engineering and control.
We ask that we join
hands, that the UN break the cycle of exclusion and include all
peoples in an open transparent process of full and equal
participation, and in solidarity we fight to eradicate from
within our midst, racism, racial discrimination xenophobia and
related intolerance for the global good of all communities and
peoples and for the well-being of our future generations.
Posted on 2001-08-13
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