HUMAN RIGHTS COMMISSION SPECIAL RAPPORTEUR CITES DANGER TO RELIGIOUS FREEDOM POSED BY EXTREMISTS
Press Release
HR/CN/723
HUMAN RIGHTS COMMISSION SPECIAL RAPPORTEUR CITES DANGER TO RELIGIOUS FREEDOM POSED BY EXTREMISTS
19960402 Commission Discusses Rights of Minorities, Migrant WorkersGENEVA, 29 March (UN Information Service) -- Introducing the tenth report on religious discrimination delivered since the Commission on Human Rights began compiling them in 1988, Abdelfattah Amor (Tunisia), current Special Rapporteur on the topic, said a growing international atmosphere of tolerance for religion was being threatened by human rights abuses resulting from religious extremism.
Religious liberty was seriously threatened when it was used as a cover for criminal action, Mr. Amor warned. Extremism had not diminished over the past year, and it continued to pose a serious menace. It was important to set minimum common rules for behaviour and conduct with respect to religious extremism, he said. Schools and places of religious observance must be reserved exclusively for their respective purposes, and not used for political activities.
The Commission, after opening discussion this morning on religious discrimination and the human rights of migrant workers, expanded consideration of those subjects in the afternon as numerous countries and non-governmental organizations levelled charges of violations committed against religious freedom -- or, echoing the Special Rapporteur, in the name of religion -- while others called for greater protection of workers who crossed international borders.
The delegation of Morocco said foreign labourers in Europe had been a vital presence since the First World War, yet now, in a time of economic retrenchment and high unemployment, they were being portrayed as causing more problems in their host societies than they were worth. The Commission should encourage greater ratification of the International Convention on the Protection of the Rights of Migrant Workers and Their Families, the delegation said, pointing out that only five countries so far had ratified the treaty.
The non-governmental organization Pax Christi International decried what it called a "constant paradox": religions and the cultures they gave rise to
continue to be the origin of or justificaation for acts of barbarism, as in ex-Yugoslavia and Northern Ireland.
Another non-governmental organization, Liberation, charged there was "rampant flouting" of religious freedom for minorities across Asia, including Tibet, Bangladesh, Pakistan, Nepal and Indonesia. Several other non- governmental organizations stressed ongoing religious division in the territory of Jammu and Kashmir.
Representatives of Algeria, Mexico, Sudan, Equatorial Guinea, and the Holy See also spoke at the meeting, as did officials of the following non-governmental organizations: Indian Council of Education; International Institute for Peace; International Movement against All Forms of Discrimination and Racism; Minority Rights Group; Himalayan Research and Cultural Foundation; International Council of Jewish Women; International Association of Democratic Lawyers.
Libya, China and the People's Democratic Republic of Korea spoke in right of reply.
Statements
ABDELFATTAH AMOR, Special Rapporteur on the Elimination of All Forms of Religious Intolerance and of Discrimination Based on Religion or Belief, introducing his report (document E/CN.4/1996/95), said that the document was the tenth such report since 1988. It dwelt, as previously, on particular decisions or acts by governments that appeared not to conform with the international Declaration on the subject, and, more generally, with international norms established regarding religious liberty. Over the course of 1995, the report covered 48 allegations, two reminders and three urgent reminders.
During visits to Pakistan and Iran, he had been welcomed and had found a cooperative spirit, the Special Rapporteur said. Such cooperation was laudable and should be further encouraged. A visit to Greece had to be rescheduled, and a visit planned for India had not occurred. Dates proposed for that visit by India had been changed a number of times for unforeseeable reasons.
A new form of interaction between States and the international community appeared to be evolving with regard to religious intolerance, the Special Rapporteur went on. Cooperation and willingness to become involved in dialogue seemed to be increasing, a trend to be welcomed. Non-governmental organizations seemed to be one reason for this positive change. All told, a genuine international public opinion seemed to be forming based on fighting religious discrimination. This trend needed to be fostered and protected.
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The traditional process did not need to be accelerated, in his opinion; it might be more appropriate to move in small, pragmatic steps. He proposed that the General Assembly be invited to proclaim the day of 25 November every year the International Day of Freedom of Religion and Belief.
However, the Special Rapporteur went on, religious liberty was seriously threatened when it was used as a cover for criminal action, and religious extremism did result on occasion in human rights violations. Extremist components did exist for prominent religions; extremism had not diminished and continued to pose a serious menace. It was important to set a minimum of common rules for behaviour and conduct with respect to religious extremism. Schools and places of religious observance must be reserved exclusively for their respective purposes, and not for political activities.
ABDELLAH LAOUARI (Algeria) said that despite the acceptance by States of the freedom of conscience and opinion in their constitutions, legislations and regulations, intolerance persisted. Today, intolerance was nourished by economic and identity crises. Peoples who had lived side by side peacefully and in harmony had suddenly become enemies. When religions that preached love, compassion, tolerance and the respect for others were deformed to serve doubtful political objectives, horror was brought about. By interpreting sacred texts wrongly, fanatic groups attempted to legitimize violence and terrorism. They did not hesitate to claim that the killing of those who did not share their views was a sacred duty. The priority targets of those fanatic groups and criminals were the healthy and active forces of society. Even Algeria, with its heritage of tolerance, had been confronted with violence and religious extremism for some years now.
JUAN MANUEL GOMEZ-ROBLEDO (Mexico) said populations were moving in massive numbers, not only as a result of humanitarian disasters, but also in search of better opportunities. It was estimated that some 100 million migrant workers moved around the world at present. It was regrettable that, in an era of globalization, migrant workers were sometimes the object of unacceptable treatment and that their human rights were systematically violated. Migrant manpower, with legal documents or not, represented an important asset for different economies. The Government of Mexico rejected the proposition that migrants had an unacceptable impact on employment in host countries, not least because they fulfilled a requirement for manpower which could not be met from local sources. Unfortunately, all evils were blamed on migrant workers, which led to their marginalization and exploitation.
Msr. GIUSEPPE BERTELLO, observer for the Holy See, said respect and dialogue remained the basis for the correct practise of religion. The development of a culture of tolerance should help to overcome the fears increasingly apparent everywhere concerning respect for fundamental rights. When its nature and mission were respected, religion could contribute to
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creating social harmony. However, when it was used as an instrument for achieving economic, social or political power, it could lose its nature and its relation to God. History provided evidence of that.
ABDELMONEIM HASSAN (Sudan) said policies concerned with upholding the rights of different ethnic minorities in Sudan were consistent with all international conventions. The country was divided into 26 separate self-governing states, each responsible for upholding respect for different religions and beliefs. Churches and mosques functioned side by side, and there was complete freedom of religion without discrimination as to sect and affiliation. The Islamic laws were not applied to other religions. The civil courts were responsible for dealing with cases involving non-Muslims. Non-Muslim religious holidays were observed and paid leave granted to employees. No one was prevented from joining the army on religious grounds -- it depended entirely on the individual and his physical fitness. The civil law gave protection to both believers and non-believers and the civil law provided remedies for violations of freedom to practise religious belief. The Penal Court prohibited insult and disrespect for religions and their places of worship.
MOHAMED MAIDI (Morocco) said foreign labour in Europe had begun growing during the First World War. But beginning in the 1970s, efforts had begun to encourage such labourers and their families to return to their home countries. In a time of economic retrenchment and high unemployment, they were being portrayed as causing more problems in their host societies than conferring benefits, and as people who could not successfully integrate into their adopted societies. Immigration had become a negative symbol used by extremists, cited as the source of all evil, against which States needed to protect themselves. Such hostility, the restrictive legislation it had spawned and the resulting violations of workers' rights, had to be stopped; the basic human rights of these workers had to be respected. The Commission should pay particular attention to the low level of ratification of the International Convention on the Protection of the Rights of Migrant Workers and Their Families -- only five States had become parties to it.
RUBEN MAYE NSUE MANGUE (Equatorial Guinea) said that in his country no foreigner was asked to show identity papers in the street. In fact, foreigners were often the best paid workers; they often took advantage of the fact that they were in the country as expatriates. But foreigners who carried out their activities legally were under no threat whatsoever. There was nothing to hide and nothing to defend about Equatorial Guinea's record. It was not to the benefit of anyone to allow discrimination. The Government of Equatorial Guinea had only praise for the efforts of the United Nations in its endeavours in that respect.
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REENA MARWAH (Indian Council of Education) said members of minority groups had the right not to be assimilated into the majority. But some places enforced policies of assimilation that denied the existence or the identity of national or ethnic, cultural, religious and linguistic minorities. In other places, there was outright ethnic cleansing carried out through massacres and other unspeakable crimes. Undoubtedly, there were many countries that upheld the rights of all religious groups by enshrining the fundamental principle of secularism in their constitutions. However, there existed a number of countries, which despite their alleged commitment to human rights, continued to harass minority groups.
ASHOK BHAN (International Institute for Peace) said the contrast between India and Pakistan could not be more marked, as far as discrimination based on religion or belief was concerned. Although Muslims formed a minority community in India, they enjoyed equality and protection under the law. India's Constitution allowed Muslims social, economic and political opportunities on a par with all other communities. Muslims reached the highest judicial service and political offices in the country. On the other hand, in Pakistan, minorities suffered oppression of all kinds and were treated as second-class citizens. Pakistan did not respect the international conventions it had signed. The Mohajirs, Muslims who had left India for Pakistan, faced persecution because of their distinct cultural identity. More than 25,000 Mohajirs had been killed by the army, and many more had fled the country. It was the duty of the Commission to call on all governments to dismantle legal and constitutional structures that permitted or encouraged discrimination on the basis of religion, race or creed.
JACQUES VITTORI (Pax Christi International) said it was necessary to focus once again on a constant paradox: religions and the cultures they gave rise to continued to be at the origin of and justification for acts of barbarism. Religious cleavages were in part behind the atrocious ethnic conflict in ex-Yugoslavia, in one monstrous example. Northern Ireland was another. Greater tolerance and restraint had to be shown, and an end put to revolting abuses perpetrated under the cover of orders said to come from God. In the case of migrant workers, Pax Christi hoped that certain geographic zones bisected by frontiers but home on either side to ethnic minorities or indigenous peoples, or along their migration routes, would no longer be used to divide and impoverish families, as now was happening, for example, in Guatemala. Pax Christi also called for instant ratification by States of the International Convention protecting the rights of migrant workers.
ATSUKO TANAKA (International Movement against All Forms of Discrimination and Racism) said around 300,000 foreigners were currently in Japan with "overstay" visa status and performing dirty, dangerous and difficult jobs. Despite internal disciplinary action, the Ministry of Justice and the Immigration Control Bureau continued to deny that violence was
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perpetrated against migrant workers. Furthermore, police offers and the Immigration Control Bureau tended to consider foreigners as criminals, often arresting them and deporting those who were undocumented.
Speaking under the auspices of the International Movement and on behalf of "Tenaganita" -- a women's movement -- IRENE FERNANDEZ said her group had exposed the abuse, maltreatment and torture of migrant workers at detention centres in Malaysia. Detained migrant workers had also suffered from severe dehydration and malnutrition. The Commission should hold the Government of Malaysia accountable for its human rights violations. The Government was urged to ratify the Convention on migrant workers.
ANNE BOUVIER (Minority Rights Group) welcomed the establishment by the human rights Subcommission of the Working Group on Minorities. The Working Group should complement the work of the Commission and the Subcommission by giving independent, expert views on thematic topics rather than spending time in lengthy discussions on the definition of the term "minority". Any definition would inevitably be hampered by the impossibility of reconciling different cultures, interpretations and motivations. Priority should be given to questions of education relating to minorities. Crucial issues that needed exploring more fully were those of implementing national policies and programmes with due regard to the legitimate interests of persons belonging to minorities as well as programmes of cooperation and assistance between States with the interests of minorities in mind. The Working Group might also explore the conclusions of the recent intergovernmental report on Rwanda, "The International Response to Conflict and Genocide", which levelled a number of very harsh criticisms at the Commission.
Mr. K. WARIKOO (Himalayan Research and Cultural Foundation) said he wished to draw attention to the problems ethnic, religious and linguistic minorities in Jammu and Kashmir had faced since the advent of militarized Islamic fundamentalism and terrorism from across the border in the name of Jihad. Kashmir had been known through its history for its harmonious blend of cultures -- Buddhists, Kashmiris, Pandits, Sikhs, Gujjars, Shias, Baltis, Muslims and others. This rich secular composite culture had survived and flourished thanks to the fruitful interaction of Mahayana Buddhism, Shaivism, Sufism and the indigenous Rishi order -- all of which stressed the principles of social harmony and peaceful coexistence. But Kashmir had been turned into hell since 1989 when fundamentalists motivated and inspired from Pakistan launched the religious crusade against those minorities. He urged the Commission to take a resolute stand against the perpetrators of these terrorist crimes.
UMA BHUGTIAR (Liberation) said there was rampant flouting of religious freedom for minorities across Asia. In Tibet, the Chinese Government had imprisoned the Panchen Lama and installed a pretender in his place; in
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Bangladesh, the rights of Christians, Hindus and Buddhists had been violated; in Pakistan, there was denial of rights of the Ahmediya community and the issuing of death threats to Christians; in Nepal, indigenous communities in the west were under attack by the army. In Indonesia, the Catholic Church in East Timor constantly faced intimidation, while in West Papua, indigenous peoples were under attack from the Indonesian Army. States could be called democratic only when their religious minorities felt safe and secure.
RENEE FARHI (International Council of Jewish Women) asked whether one could continue to formulate universal norms concerning peoples, ethnic groups, minorities and nations without first defining what they were. One could also ask whether it was to their benefit to juxtapose text upon text concerning them when the necessary international human rights instruments already existed; it would suffice for States to apply the relevant international conventions and accept in good faith the recommendations of the treaty bodies charged with monitoring adherence to those conventions.
YORIO SHIOKAWA (International Association of Democratic Lawyers) said that in spite of positive court decisions intended to improve the human rights situation in Japanese workplaces, large enterprises continued to enjoy huge profits at the expense of human rights. A number of cases brought before the courts by groups of individuals had failed to have an effect; large enterprises continued to discriminate against workers in pursuit of their economic objectives.
Right of Reply
SAID HAFYANA (Libya) said the International Council of Jewish Women had charged Libya with supporting Hamas, but the violence of certain Palestinian organizations did not occur in a vacuum. It was a result of violence committed against Palestinians for years. Israelis had left Palestinians in a state of destitution and hunger. Why had the same organization not condemned atrocities committed by Israelis? The statement of the group had been contradictory and unbalanced.
GUNCHOK TSERING (China), responding to a statement by a non-governmental organization, said the choosing of the Panchen Lama had been made with full respect for the traditions and teachings of the Buddhist religion; historical practices had been strictly followed, despite unwarranted interference by the Dalai Lama. As for the boy erroneously appointed by the Dalai Lama, he was leading a healthy, normal life. Remarks about his imprisonment or death were nothing but malicious rumours. Such rumours were intended to undermine China's national solidarity.
AN MYONG HUN (Democratic People's Republic of Korea) said the delegate of the so-called International Association of Educators for World Peace had
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made a preposterous statement this morning distorting the reality of the country. The former leader of the People's Democratic Republic had spent his entire life caring for and helping the people of his country, regarding them as heaven, and sharing everything with them. It was inexcusable to attack him. Personal attacks on heads of State were supposedly in contravention of Commission standards; this kind of political fraudulence should not be allowed, and non-governmental organizations that engaged in it should be disqualified from consultative status with the Economic and Social Council.
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