HUMAN RIGHTS COMMISSION DEBATES RELIGIOUS DISCRIMINATION; RIGHTS OF MIGRANT WORKERS, MINORITIES

3 April 1996

Press Release
HR/CN/725

HUMAN RIGHTS COMMISSION DEBATES RELIGIOUS DISCRIMINATION; RIGHTS OF MIGRANT WORKERS, MINORITIES

19960403 Greater Effort Urged to Combat Xenophobia, Racist Violence against Migrants in Europe

GENEVA, 1 April (UN Information Service) -- The Commission on Human Rights heard charges against a number of developing countries of religious discrimination and mistreatment of minorities this afternoon, while industrialized countries were accused of insufficiently protecting the rights of migrant workers.

According to the representative of Ireland, there had been continuous reports from Iran of serious violations of the rights of those who did not profess the majority religion. In Pakistan, the Special Rapporteur on religious intolerance had concluded in his report that laws relating to religious minorities were likely to foster religious intolerance. In Tibet, developments since last year had added to, rather than allayed, the concerns of the international community. The Special Rapporteur had also given examples where the Government of Sudan or its agents had violated the rights of those who held minority beliefs.

Also cited by delegates and representatives of non-governmental organizations as countries or territories where freedom of religion or minority rights were reportedly not fully respected included southern Lebanon, the former Yugoslavia, Viet Nam, Myanmar and Bangladesh.

The representative of Iran said the number and frequency of reports in the media concerning attacks of various sorts against migrants in Western countries had increased significantly. Xenophobia had spread and become increasingly violent in some European countries, while the measures to combat the problem were not sufficiently strong. It was noteworthy that not one member State of the European Union had signed or ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It was critical for Western Governments to stand up and confront such xenophobia.

Representatives of the following countries addressed the afternoon meeting: Pakistan, Ireland, Estonia, Switzerland, Latvia, Finland, Slovak

Republic, Morocco, the Former Yugoslav Republic of Macedonia, Turkey, Viet Nam, and Romania. Egypt, Estonia, Iran and China spoke in right of reply.

Also speaking were representatives of the following non-governmental organizations: Afro-Asian People's Solidarity Organization; International Confederation of Free Trade Unions; International Falcon Movement; Coordinating Board of Jewish Organizations; World Confederation of Labour; Commission for the Defense of Human Rights in Central America; Transnational Radical Party; World Union for Progressive Judaism; and Society for Threatened Peoples.

Statements

GEORGE CLEMENT (Pakistan) said his country sincerely believed that the protection of human rights was essential for the strengthening of its democratic institutions, fostering national unity and promoting social harmony. Minorities in Pakistan, although only forming 3.32 per cent of the population, enjoyed equality as citizens and were accepted in the body politic. While the Government did everything possible to uphold the rights of minorities, the harmony and the progressive stance of Pakistan had been disrupted by certain Western Governments which had planted several extremists groups of fanatics in the country during the war in Afghanistan. Those extremists had taken a violent and intolerant attitude towards moderate and progressive Muslims and towards minorities. Pakistan was working assiduously to promote religious harmony and to establish a liberal, moderate, tolerant and progressive society.

ANNE ANDERSON (Ireland) said millions of people around the word faced a deep contradiction between the principles enshrined in international human rights instruments and the reality of their daily lives. In Iran, there had been continuous reports of serious violations of the rights of those who did not profess the majority religion. In Pakistan, the Special Rapporteur on religious intolerance had concluded in his report that laws relating to religious minorities were likely to favour or foster religious intolerance. In Tibet, developments since last year had added to, rather than allayed, the concerns of the international community. As for the situation in Sudan, the Special Rapporteur had given numerous examples where the Government or its agents had violated the rights of those who held minority beliefs. It was also disquieting to note that urgent appeals for information sent by the Special Rapporteur to China and Egypt had remained unanswered.

In conducting his work, she went on, the Special Rapporteur should pay priority attention to governmental action that was contrary to the Declaration on All Forms of Intolerance and Discrimination Based on Religion or Belief; address situations which involved the gravest violations of the right to freedom of religion or belief; and recommend remedial measures for situations where the provisions of the Declaration were violated.

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SIROUS NASSERI (Iran) said the picture of the situation of migrant workers worldwide reflected a major change among developed countries towards extremely restrictive measures and policies. The number and frequency of reports in the media concerning attacks of various sorts against, and restrictions on, migrants in Western countries had increased significantly. Xenophobia had spread and become increasingly violent in some European countries, while measures to combat the problem were not sufficiently strong. It was noteworthy that not one member State of the European Union had signed or ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It was critical for Western Governments to stand up and confront such xenophobia, and the Commission should keep track of violations of migrant workers' rights, especially in Western societies.

TIINA INTELMANN (Estonia) said her country was undertaking all measures to meet the standards of international instruments pertaining to human rights. The Constitution and all other legal instruments enacted by the Estonian Parliament were all compatible with the international conventions on human rights. The Government had also taken measures to establish institutions to promote the rights of minorities and the rights of aliens living in its territory. Any person belonging to a minority who felt his rights had been violated could go to the competent authorities with a complaint.

Pointing to the participation of Estonia in a number of regional mechanisms for the defence of human rights and the rights of minorities, she said the United Nations could benefit from closer cooperation with such institutions.

JEAN-DANIEL REY (Switzerland) said the recently formed working group on minorities of the Subcommission on Prevention of Discrimination and Protection of Minorities now seemed to have found its "cruising speed", taking a first positive step in deciding to allow as broad a participation as possible in its deliberations. A second step had been the opening of a constructive dialogue on the various experiences, ideas and themes relative to the protection of rights of persons belonging to minorities. The discussions had been conducted without the hindrance of States and non-governmental organizations exploiting the situation for political ends. Three important subjects would be addressed in the forthcoming session of the working group in May: the role of education and the media and dialogue between minorities and governments and among minorities themselves. It was to be hoped that the working group would not devote too much time to the definition of "minorities". On the other hand, the suggestion of the Chairman to speak of "categories" of minorities might be interesting.

SANDRA KALNIENTE (Latvia) said all minorities in Latvia enjoyed legal protection of their language and culture under the Law on Unrestricted Development and Right to Cultural Autonomy of Latvia's Nationalities and

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Ethnic Groups. The Government had restored to Latvia's minority cultural associations all property owned by them in 1940. Keeping in mind that education in national languages was essential for the maintenance of minority cultural identity, the State funded 72 classes throughout Latvia providing instruction in Russian. Furthermore, in Riga alone, education to university level was provided -- in addition to Latvian and Russian -- in Polish, Hebrew, Ukrainian, Estonian, Lithuanian and Belorussian. Higher education was available in Latvian and Russian. The Government also pursued a policy of religious tolerance and strict separation of church and State.

TIMO LAHELMA (Finland), speaking on behalf of the Nordic countries, underlined that pluralism was a blessing and a richness for all societies. He said that different national, ethnic, religious and linguistic groups all had a contribution to make to the development and character of each nation. In addition, he emphasized that the United Nations had a prominent role in promoting and protecting the rights of minorities. The working group should be provided with information about constitutional and legal provisions protecting the existence and identity of minorities, arrangements concerning their effective political participation and the contributions made both by minorities and majorities towards the harmonious and peaceful political development of the national society as a whole.

PETER PROCHACKA (Slovak Republic) said Slovakia had ratified a number of regional and United Nations instruments on minority rights, including a Treaty on Good Neighbourhood and Friendly Cooperation with Hungary. Slovakia was confident it had achieved a good level of protection for minorities, while preserving a fragile balance between the legitimate interests of minorities and the equally legitimate interests of majority communities in the territories where the former lived. Now a second stage had been reached -- that of implementing and supervising the commitments undertaken. It was not at the level of legislation but of everyday life that real progress was made.

NACER BENJELLOUN TOUIMI (Morocco) said the message of Islam -- a call for a new world order founded on humane principles -- implied the abolition of notions of race, colour and language. Thus, Islam had announced itself from its inception as a religion of tolerance, a system of peace and coexistence based on reason; Islam preached dialogue and excluded extremism and all excess. In the West, there was a tendency to perceive Islam erroneously, with some even deliberately presenting a deformed vision of it. The Government of Morocco rejected any form of violence and vigorously condemned extremism and terrorism. Morocco urged dialogue with a view to seeking common denominators and bases that could lead to the peaceful coexistence of all civilizations.

GOCE PETRESKI (The former Yugoslav Republic of Macedonia) welcomed the support of the Special Rapporteur for a proposal to undertake a comparative study on the position of national minorities in the Balkans, as there was not a single country in that region without national minorities. Thus, there was

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a need for continuous dialogue and cooperation among Balkan countries on issues concerning national minorities with the purpose of promoting mutual understanding and confidence and preserving stability. It would not be an easy task, especially having regard to the wide variety of attitudes towards the status of minorities, ranging from their non-recognition to a high level of enjoyment of minority rights. None the less, the best way for all Balkan countries to promote the situation of national minorities was to accept European and United Nations standards for protection of minority rights and make all possible effort to make them a reality.

NECIP EGUZ (Turkey) said Turkish citizens living in Western Europe added up to some 2.7 million, more than half of whom had been living in their host countries for more than two decades. Discrimination on the basis of race and ethnic background bred racism. Migrant workers, often excluded from the mainstream of societies, became the main targets of xenophobia and racial violence. Many Turkish workers in Western European countries had lost their lives as a result of racial violence. It was ironic that while the values of democracy and human rights were leading towards greater pluralism, there was a resurgence of racism and xenophobia in some parts of the world. Integration of migrant workers should be pursued; they should be granted the right to vote and allowed to accede to dual citizenship.

LE LUONG MINH (Viet Nam) said Viet Nam was serious about addressing human rights. A multi-national and multi-religious country, Viet Nam was aware that the promotion and protection of human rights was in the interest of the Government and the people alike. Never had the country undergone the bitter experience of hatred or conflict between ethnic groups, nor had it seen religious intolerance or discrimination. The country's Constitution ensured equality between all ethnic groups as well as freedom of religion and belief. In Viet Nam, there were 13,000 Buddhist pagodas, nearly 5,000 Catholic churches, 500 Protestant churches, 600 Caodai temples and about 70 mosques. Those places of worship were protected by the State.

TUDOR MIRCEA (Romania) said international norms concerning minorities rested in part on the rights of persons belonging to minorities to enjoy their own culture, practice their own religion and utilize their own language. However, the implementation of those rights must not interfere with the territorial integrity and political independence of States. Despite the general acceptability of the above premise, some insisted that minorities ought to benefit from collective rights, from an autonomous culture or from self-determination. Another way of ensuring the rights of minorities was through the normal process of democracy and development which gave equal rights to citizens within a State.

MOHAMMED ARIF, of the Afro-Asian People's Solidarity Organization, said Pakistan practised large-scale racial and ethnic discrimination against its largest minority -- the 22-million strong Mohajir nation in Sindh province.

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Mohajir people were subjected to extreme brutality, State terrorism and deprivation of social and political rights. The Government had put the entire Mohajir population in the grips of a permanent state of anguish. Gerrymandering and census abuse had reduced the minority's political power and social impact, and its members had been systematically weeded out of positions in the bureaucracy, the police and the judicial system. The Commission should appoint a special rapporteur to investigate and report on the systematic discrimination against the Mohajir nation.

DAN CUNNIAH, of the International Confederation of Free-Trade Unions, said the organization was disappointed at the lack of political will from a large number of governments to take appropriate measures for the protection of the rights and dignity of migrant workers and their families. International Labour Organisation standards had enjoyed limited acceptance, while the International Convention for the Protection of Migrant Workers had been ratified by only seven countries. Restrictive tendencies and anti-migrant attitudes were increasing. Xenophobia, racism and discrimination in Europe were particularly alarming. But it was worth mentioning that some of the worst cases of violations occurred in the Gulf region. For instance, earlier this year the United Arab Emirates had decreed that all families of migrant workers earning less than 400 dirhams had to leave the country immediately. Meanwhile, the exploitation of women domestic workers, including such abuses as rape, continued unabated throughout the region.

BEHZAD NAZIRI, of the International Falcon Movement, said the behaviour of current Iranian leaders was totally against Islam, a religion of compassion and tolerance. Inside the country, intolerance based on the State religion targeted Muslims as well as non-Muslims. Special tribunals had been set up to repress members of the Shiite clergy who had defied the official version of Islam. The number of Iranian non-Muslims had been reduced by 35 per cent since the clergy took power. The international community must draw attention to the tragedy befalling religious minorities in Iran.

RUBIN FRIEDMAN, of the Coordinating Board of Jewish Organizations, said a misuse of technology was threatening improvement of human rights for minorities everywhere. Hate groups were increasingly misusing the power of the Internet. Through the software now available, it was relatively simple to find extremist, racist, and anti-Semitic materials which could be downloaded to private computers, reprinted and distributed locally. Groups on the World Wide Web of the Internet included the Ku Klux Klan, the Neo-Nazi National Alliance, the White Aryan Resistance and the Aryan Nations. Neo-Nazi games were being used to deform children's minds. The issue of such misuse must be addressed while the Internet was still young; the Commission should be involved in monitoring and research on the Internet and in promoting international agreement on laws to keep hate-based material off the system.

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BEATRICE FAUCHERE, of the World Confederation of Labour, reviewing the situation of migrant workers around the world, said such workers in Sri Lanka only earned 2 per cent of the wages of their counterparts in Korea. In a study undertaken in Germany, it was revealed that British, Irish, Portuguese and Polish workers were paid 50 per cent of the salaries of German workers. In the Gulf States, migrant workers could not belong to a trade union or strike; in the construction industry they were often accommodated in conditions similar to a labour camp. On the whole, women migrant workers, particularly domestic servants, were in the most precarious position. There were cases of forced prostitution, where women were employed to carry out a normal job and then forced to become prostitutes. In most cases migration occurred because of the great disparity between the economies of countries in the North and the South. All the Member States of the United Nations should ratify and, more particularly apply, the Convention on the Rights of Migrant Workers.

MARIE APPEL, of the Women's International League for Peace and Freedom, said migrant women could add greatly to economic growth and social advancement in their communities, but only if they were given appropriate opportunities and sufficient protection. Women migrants were easily victimized -- the execution and public punishment of women migrants in recent years had shocked the world, drawing attention to the plight of women domestic helpers working under conditions of discrimination. In the Middle East some had run away from employers due to abusive situations; in Singapore, migrant women were forbidden to become pregnant and were subjected to pregnancy tests every six months. The deteriorating situation around the world made ratification of the International Convention on Migrant Workers even more urgent than when it was adopted in 1990; it was imperative for the United Nations to further promote its ratification.

The representative of Commission for the Defence of Human Rights in Central America said there had been some positive developments regarding the situation of migrant workers in Central America since the creation of organs such as the Central American Organization of Migration and the Council of Interior Ministers of Central America. However, concrete results were yet to be seen. The governments of the region, meeting last February in Mexico, had not defined "illegal trafficking" of such workers as an illicit act. Some countries, including Costa Rica and Nicaragua, had agreed to create seasonal cards for migrant workers. Meanwhile, in the United States, Proposition 187 in the state of California was aimed at severely restricting the rights of migrant workers and at curbing their social benefits.

MARINO BUSDACHIN, of the Transnational Radical Party, said his organization supported the General Assembly draft resolution calling for a moratorium on capital punishment and it urged Member States to abolish the death sentence. Tibet was a place where human rights had been most violated over the past 40 years. In 1991, there had been some 628 Tibetans held in

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jail because of their political beliefs, including women and children. Monks and nuns accounted for more than 70 per cent of those arrested. China even outlawed the displaying of photographs of the Dalai Lama. The Transnational Radical Party expressed its concern at the disappearance of the 6 year old Panchen Lama and recognized him as the world's youngest political prisoner.

ELIEL MASSON, of the World Union for Progressive Judaism, said just about everything that could be said about halting religious discrimination had been said here, but what could be done to end such a bitter, deadly scourge was a different and more challenging matter. There was a renewed upsurge of hostile acts along and astride the southern borders of Lebanon, and there were repeated calls to extreme violence by Hamas. Religion should be separated from politics; there was too often a deadly collusion of religious monopoly with power politics. Truth flowed in different streams, and the only hope for peace and human rights was the establishment of a just, universally respected pluralism. The Commission needed the moral and financial support of all nations to pursue this goal, and should address, among other matters, the issue of anti-Semitism.

TSERING NORZOM, of the Society for Threatened Peoples, said there were numerous cases of violations of religious freedom all over the world, including persecution of Buddhists in Viet Nam, Burma and the Chittagong Hill Tracts of Bangladesh; Christians in Sudan, China and Pakistan; the Bahais in Iran; and Muslims in the former Yugoslavia. In Tibet, China sought through numerous human rights abuses to assimilate and control the Tibetan people by undermining Tibetan Buddhism. Recently, China had interfered with the selection process of a new Panchen Lama. The international community and the Commission must note China's action as an illegitimate secular intrusion into an intimately religious matter and as the desecration and violation of an ancient religious tradition. China should allow the rightful Panchen Lama to take his place.

Right of Reply

NAELA GABRE (Egypt) said that, contrary to what had been claimed by the representative of Ireland, Egypt had responded to the appeal of the Special Rapporteur. However, he had not been able to include that response in his report. The delegation of Ireland should verify the facts before speaking. As for the statement of a non-governmental organization on 29 March referring to alleged religious discrimination in Egypt, it was false. Christians were not regarded as a national minority in Egypt. Indeed, Egyptian Copts were part of Egyptian society, not a minority. Egypt guaranteed freedom of religion to all its citizens, and Egyptian law did not require anyone to convert to another religion. However, the law punished the use of religion as a pretext to cause problems.

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TIINA INTELMANN (Estonia) said the Russian Federation had improperly accused Estonia of religious discrimination this morning. The issue of the Orthodox Church, which had chosen to depend on the Patriarch of Constantinople rather than the Patriarch of Moscow, had been dealt with by the relevant Church authorities. Estonia did not recognize a State religion and had not played a role in the matter. Meanwhile, the Russian Orthodox Church had sought to be declared by the Estonian Government as the sole Orthodox Church in the country, which the Government would not do. Russia improperly continued to politicize this issue.

BAGHER ASSADI (Iran) said the call by the United States delegation to condemn Iran was an example of intolerable behaviour that should be condemned. The report of the Special Rapporteur on religious intolerance was the product of cooperation, and it called for further cooperation. It showed clear improvement in the situation under review. The American agenda, predicated on ulterior motives and extraneous objectives, was quite something. The United States delegate's remarks betrayed the fact that they had not read the report. He proposed that the United States encourage its allies to invite the Special Rapporteur for a visit to document their situations.

The representative of China said a few non-governmental organizations had accused the Chinese Government of violating human rights in Tibet. All this was no more than an unfair effort to interfere in China's internal affairs. As a Tibetan, he wished to speak straightforwardly. Tibet had been given preferential treatment by the Government for decades -- over 40 projects already completed there had exceeded $3 billion, greatly aiding development in Tibet. China had spent great amounts also to protect and foster Tibetan culture, including the restoration of religious sites. Meanwhile, the Tibetan population had been allowed to grow at an impressive rate.

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Correction

In Press Release HR/CN/723, paragraph 4, page 7, should read as follows:

SAID HAFYANA (Libya) said the International Association of Jewish Lawyers and Jurists 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.