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State of the ’s Minorities and 2016 Events of 2015

Focus on and heritage of theWorld’s Minorities and Indigenous Peoples 20161 Events of 2015 Front cover: Cholitas, indigenous Bolivian Focus on culture and heritage women, dancing on the streets of as part of a fiesta celebrating ’s Day. REUTERS/ David Mercado. Inside front cover: Street theatre performance in the Dominican Republic. From 2013 to 2016 MRG ran a street theatre programme to challenge against Dominicans of Haitian Descent in the Acknowledgements Dominican Republic. MUDHA. Minority Group International (MRG) Inside back cover: Maasai community members in gratefully acknowledges the support of all . MRG. organizations and individuals who gave financial and other assistance to this publication, including the Ministry for Foreign Affairs of .

© Group International, July 2016. All rights reserved.

Material from this publication may be reproduced for teaching or other non-commercial purposes. No part of it may be reproduced in any form for Support our work commercial purposes without the prior express Donate at www.minorityrights.org/donate permission of the copyright holders. MRG relies on the generous support of and individuals to help us secure the rights of For further information please contact MRG. A CIP minorities and indigenous peoples around the catalogue record of this publication is available from world. All donations received contribute directly to the British Library. our projects with minorities and indigenous peoples. ISBN 978-1-907919-80-0 Subscribe to our publications at State of www.minorityrights.org/publications Published: July 2016 Another valuable way to support us is to subscribe Lead reviewer: Carl Soderbergh to our publications, which offer a compelling Production: Jasmin Qureshi analysis of minority and indigenous issues and theWorld’s Copy editing: Sophie Richmond original . We also offer specialist training Proof reading: Jacqui Lewis materials and guides on international Design: Tom Carpenter, Texture instruments and accessing international bodies. Minorities Printed in the UK Learn more about minority and indigenous communities at www.minorityvoices.org and Indigenous Visit our online newsroom for stories and multimedia content from minorities and indigenous communities around the world. Minority Rights Group International Peoples 20161 54 Commercial Street, London E1 6LT, . Follow us: Events of 2015 Tel: +44 (0)20 7422 4200 Fax: +44 (0)20 7422 4201 @minorityrights Edited by Peter Grant Email: [email protected] Website: www.minorityrights.org www.facebook.com/minorityrights Minority Rights Group International

Introduction and indigenous peoples: an overview of international case law 6 Editor’s preface: minorities, indigenous Lucy Claridge and Alexandra Xanthaki peoples and the right to culture Peter Grant Part 2 Regional overviews

10 Foreword: the changing landscape of 70 indigenous heritage protection Amina Haleem, Paige Wilhite Jennings Mechtild Rössler, Director of the Division and Keikantse E. Phele for Heritage and the UNESCO World Heritage Centre 96 Mariah Grant, Alfredo Gutierrez Carrizo, Part 1 Thematic essays Janet Oropeza Eng and Carolyn Stephens

14 and their implications for 118 and minority and indigenous communities Michael Caster, Shikha Dilawri, Nicole Girard, Alexandra Xanthaki Hanna Hindstrom, Farah Mihlar, Katya Quinn-Judge and Jacqui Zalcberg 26 Delivering minority and in practice: the underrated potential of culture 166 and why we ignore it at our peril Boris Babin, Electra Babouri, Shorena Claire Thomas, with additional Kobaidze, Federica Prina and Sara Vincini research by Fahmida Rahman 184 and 36 Minority and indigenous women’s right to Miriam Puttick and Derek Verbakel culture: identity, gender and opportunities for Part 3 Peoples under Threat Nicole Girard 202 Peoples under Threat 2016 46 Lessons from indigenous knowledge and Mark Lattimer culture: learning to live in harmony with nature in an age of ecocide Part 4 Reference Paul Havemann 217 Selected abbreviations 58 Protecting the right to culture for minorities 217 Credits and acknowledgements hile we are accustomed to projects, the inability of minority and indigenous discussing the situation of children to learn their own language at W particular minority and indigenous and official restrictions on diet or attire. For communities in economic and political perpetrators of hate , too, cultural markers terms – their limited access to resources and such as language or dress are often the primary opportunities, their lack of representation within focus of their attacks – a situation that may national or local – the cultural result in minorities and indigenous peoples being dimensions are no less important. Indeed, the forced to conceal their identity. right to culture is central to the enjoyment of a Tragically, the active targeting of culture and whole host of other rights, from and the deep trauma this can inflict on communi- health to language and livelihoods. Without it, a ties has become more evident than ever with the fair and equitable life is impossible to achieve. recent rise of extremist groups, including the Free and full participation means the ability to of and Al-Sham (ISIS). The engage in mainstream culture as well as the abil- destruction of shrines, monuments, manuscripts ity to maintain an identity that is distinct from it. and other irreplaceable heritage belonging to This requires, simultaneously, a respect for equal- religious minorities such as , Kaka’i ity and difference – principles that many states and Yezidis, as well as numerous Shi’a Muslim have failed to reconcile. Some states may amplify shrines, is part of a wider attempt to demoralize differences to stigmatize the communities in such communities and ultimately eradicate them question. In other cases, minority or indigenous permanently from the region. While efforts are rights may be denied in the name of national at present concentrated on security, protection unity or ‘shared values’. In either case, the end and humanitarian relief, it is essential that the result is the silencing of marginalized communi- eventual return and reintegration of displaced ties and the atrophy of their unique traditions. communities is accompanied by the restoration Even in contexts where the cultural rights of their and traditions. of minorities and indigenous peoples are well Encouragingly, many minority and indigenous established, their continued freedoms depend on communities around the world are themselves a constant reaffirmation of tolerance, awareness drawing on their rich cultural traditions – often and understanding between different groups. in vigorously new ways – to advocate for change. Nor is it simply the case that the struggle for the And many -makers, governments and Editor’s preface: cultural rights of minorities and indigenous peo- international agencies are now focusing more ples is external – it is also reflected in the need to attention on cultural rights, including those of accommodate diverse and dissenting voices with- minorities and indigenous peoples. However, we in their communities, particularly among women, still have a long way to go. While violent extrem- minorities, in the interpretation and practice of their beliefs ists such as ISIS continue to generate publicity and customs. Otherwise, culture can become through their destructive acts, the erosion of a tool of oppression rather than emancipation, minority and indigenous cultures persists else- with the rights of some members subordinated where in other forms. In Europe, amid increased indigenous peoples in the name of caste, or tradition. Where fears of terrorism and the impact of austerity, cultural practices violate human rights, the latter the resurgence of the far right has encouraged must take precedence, in line with international renewed assaults on minorities and their beliefs. norms. In the , a that has long cel- and the right Though the definition of culture has been ebrated the diversity of its , the legacy contested for decades, there is now widespread of land loss and forcible assimilation continues to recognition that it underpins almost every area have a devastating impact on its indigenous peo- of life. Its repression, in turn, can devastate the ples. The cultural vitality of minorities and indig- health, dignity and well-being of minorities and enous peoples should therefore never be taken for to culture indigenous peoples. This includes, to take some granted, even in where their rights and of the examples in this volume, the displacement protections appear to be well developed. Peter Grant of entire communities by state-led development Nevertheless, while they continue to face bar-

State of the World’s Minorities Editor’s preface: minorities, indigenous 9 and Indigenous Peoples 2016 peoples and the right to culture riers to their cultural rights and freedoms, art, Above: Two young Coptic Christians celebrate , literature and other forms of Sham El Nessim, a traditional festival, at a church remain vital elements in minority and indigenous in . Xinhua/Pan Chaoyue. identities. In fact, though their ability to engage in these activities is frequently constrained by lack of resources or official restrictions, cultural expression has often served as a platform for mar- ginalized communities to mobilize collectively for other rights. Cultural programmes are also a pow- erful way to engage with other groups and coun- ter harmful stereotypes. And in those countries where minorities and indigenous peoples are able to practise their cultures freely, the benefits not only for their own communities but society as a whole are plain to see. Where different cultures are recognized and respected, life is richer for all.

10 Editor’s preface: minorities, indigenous State of the World’s Minorities State of the World’s Minorities Editor’s preface: minorities, indigenous 11 peoples and the right to culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 peoples and the right to culture Introduction: recent developments in spanning education, the , culture, the field of indigenous cultural rights communication and information, all of which hile indigenous peoples have an are of fundamental importance to the well-being, extraordinarily rich and varied dignity and equitable development of indigenous W heritage of sacred spaces, ancestral peoples worldwide. Accordingly, establishing a lands and , their cultural ‘Policy on Engagement with Indigenous Peoples’ expressions have not always received adequate was a long-overdue imperative. UNESCO’s recognition or protection. This is due in part to responsibility to observe and implement a tendency within historical and environmental UNDRIP is clearly stated in Article 41: ‘The conservation over the last century to focus organs and specialized agencies of the United primarily on the preservation of physical system and other intergovernmental monuments and fragile eco-systems – an organizations shall contribute to the full important mission, but one which has sometimes realization of the provisions of this Declaration overlooked important intangible heritage and the … ensuring participation of indigenous peoples complex attachments of communities to their on issues affecting them.’ natural surroundings. As a result, indigenous Respecting indigenous rights is indeed cultures have not always enjoyed the attention imperative and merits a comprehensive approach and respect they deserve. to rectify deep-rooted historical injustices, address Over the past years, the international legal structural weaknesses in recognizing their unique landscape has been changing and formal ways of life, eliminate their marginalization from recognition of the rights of indigenous peoples decision-making processes and address existing has significantly advanced, leading to the development gaps. The cultures and lifestyles in 2007, by (UN) of indigenous peoples are often undervalued or Member States, of the UN Declaration on the misunderstood, resulting in norms and rules Rights of Indigenous Peoples (UNDRIP). Various that may not always be appropriate or can even UN agencies and programmes have also adopted lead to assimilatory . Insufficient legal specific policies or other guiding instruments recognition of their rights, as collectivities, to on engaging with indigenous peoples, thus self-determination, as well as the ancestral lands, adding to the growing number of international territories and resources on which they intimately organizations that respect, protect and promote and directly depend, can result in immediate Foreword: the indigenous rights. threats to their survival, both as individuals and Member States of the UN in 2014, during as peoples. the high-level segment of the 69th UN General Also at the international level, the voices of Assembly on the rights of indigenous peoples, indigenous peoples are often not heard, resulting changing landscape also known as the World Conference on in policies that fail to take into adequate Indigenous Peoples (WCIP), renewed their consideration the aspirations and priorities of commitment to UNDRIP and invited UN indigenous peoples. Under such circumstances agencies, funds and programmes to support the indigenous peoples must struggle to maintain of indigenous implementation of UNDRIP, and to begin the the multiple facets of their identity, such as their development of a system-wide action plan to lifestyles, governance and conflict-resolution ensure a coherent approach to achieving the ends mechanisms, as well as their languages, traditional of the Declaration. knowledge and practices. heritage protection As a specialized agency, the UN Educational, In many countries, national policies and Scientific and Cultural Organization’s legislation have been revised in recent years (UNESCO) mission is to contribute to the to recognize indigenous peoples’ rights and Mechtild Rössler, Director of the Division building of peace, the alleviation of poverty, interests at the national and international levels. sustainable development and inter-cultural One of the values of a rights-based approach to for Heritage and the UNESCO World dialogue through education, the sciences, culture, development is that it avoids viewing indigenous communication and information. UNESCO’s peoples only as ‘vulnerable groups’, allowing Heritage Centre mandate is unique within the UN system, indigenous cultures to thrive free of repressive or

12 Foreword State of the World’s Minorities State of the World’s Minorities Foreword: the changing landscape 13 2009 and Indigenous Peoples 2016 of indigenous heritage protection unjust abuses such as land grabbing. Despite their cultural expressions, in both their traditional and heritage properties of Outstanding Universal In this regard, the recent revisions to the exclusion, indigenous peoples and their cultures contemporary forms, with special emphasis on Value (OUV). The Convention itself contributes Operational Guidelines decided by the 39th have much to offer: from traditional knowledge indigenous peoples. significantly to sustainable development and the session of the World Heritage Committee in to consensus-building and collective governance; These international legal instruments provide well-being of people, in particular indigenous Bonn in June and July 2015 include a reference from sustainable agricultural practices to holistic valuable insights on the progress and challenges communities. to UNDRIP with regard to indigenous peoples’ management; and from ancestral of implementing the right of indigenous peoples It is worth noting that the World Heritage engagement in the protection and conservation languages to biodiversity conservation and to free, prior and informed consent for all Committee has, over the past decade, given of World Heritage. States parties are further: strategies to tackle . decisions that concern the future development increasing consideration to the notion of of their communities and their cultural heritage. community participation, even if this had not ‘encouraged to prepare nominations with the Establishing a supportive framework: This right lies at the heart of UNDRIP, which initially been a central aspect in the framing of widest possible participation of stakeholders and UNESCO’s standard-setting has, since its adoption in 2007, provided a this Convention when it was adopted in 1972. to demonstrate, as appropriate, that the free, prior instruments critical reference document for UNESCO’s Following the Budapest Declaration in 2002 and informed consent of indigenous peoples has Standard-setting is one of UNESCO’s key programmes and for supporting the states parties and the subsequent discussions, the World been obtained, through, inter alia, making the actions for fulfilling its mandate. It has in implementing the conventions. Indeed, by Heritage Committee at its 31st session in 2007 nominations publicly available in appropriate elaborated a significant body of declarations, highlighting indigenous peoples’ rights related decided to add ‘communities’ to its strategic languages and public consultations and hearings.’ recommendations and conventions in the field to culture, identity, language and education, objectives, ‘to enhance the role of communities of culture, some of which recognize indigenous UNDRIP is addressing the twofold challenge that in the implementation of the World Heritage UNESCO is currently developing its policy on peoples and their languages and cultures. While frames UNESCO’s work: first, to support and Convention’. It made a number of additions indigenous peoples and is composing a draft to each convention has a specific , focus and promote the maintenance, use and safeguarding to the Operational Guidelines aimed, on one be submitted to its Executive Board in 2016. goals, they are all driven by UNESCO’s ethical of indigenous cultures, languages, knowledge, hand, at ensuring that any use of World Heritage It is hoped that these measures will further mandate to promote culture in its diversity, traditions and identity; and, second, to provide properties be sustainable with respect to the strengthen UNESCO’s approach to indigenous through international cooperation and dialogue, knowledge and skills that enable indigenous imperative of maintaining their Outstanding heritage protection and ensure that communities based upon respect for shared values, human peoples to participate fully and equally in the Universal Value and, on the other hand, at themselves remain at the centre of these processes rights and the equal dignity of all cultures. national and international community. affirming the idea that management systems to ensure a fully rights-based approach. ■ The UNESCO General Conference forcefully of World Heritage properties ‘should integrate reiterated this mandate in 2001 by adopting Conclusion: putting communities sustainable development principles’. the UNESCO Universal Declaration on at the heart of indigenous heritage The Strategic Action Plan for the , which specifically refers to protection Implementation of the Convention, 2012– the relationship between cultural diversity and While, as the 2003 Convention stresses, the 2022, adopted by the 18th General Assembly human rights. It points to human rights as a free, prior and informed community consent (, 2011), calls for the World Heritage guarantee for cultural diversity, affirming that is already obligatory for inscription on the Convention to ‘contribute to the sustainable the defence of cultural diversity is ‘an ethical Lists of the Convention for the Safeguarding development of the world’s communities and imperative’ and implies ‘a commitment to human of the Intangible Cultural Heritage and the cultures’, as well as through Goal No.3 which rights and fundamental freedoms, in particular Convention’s Register of Best Safeguarding reads: ‘Heritage protection and conservation the rights of persons belonging to minorities and Practices, it is not yet the case for the older considers present and future environmental, those of indigenous peoples’. At the same time, it World Heritage Convention. However, the societal and economic needs’, which is to be states that ‘No one may invoke cultural diversity 1972 Convention has some positive examples achieved particularly through ‘connecting to infringe upon human rights guaranteed by of nominations for the World Heritage List, for conservation to communities’. The recent Policy , nor to limit their scope.’ which the free, prior and informed consent of Document for the Integration of a Sustainable UNESCO’s mission rightly emphasizes that indigenous communities concerned was sought. Development Perspective into the Processes of indigenous peoples need to be recognized The 1972 Convention concerning the the World Heritage Convention adopted by the as custodians of their cultural heritage. This Protection of the World Cultural and Natural General Assembly of States Parties to the World recognition was clearly expressed when Heritage is an integral part of UNESCO’s Heritage Convention at its 20th session (Paris, UNESCO Member States adopted the overarching mandate to foster equitable 2015) makes specific reference to ‘Respecting, above-mentioned Declaration and related sustainable development and to promote peace consulting and involving indigenous peoples conventions devoted to the Safeguarding of and security, with a view to ensuring policy and local communities’, emphasizing that the Intangible Cultural Heritage (2003) and coherence with the 2030 Agenda for Sustainable recognition of rights and fully involving the Protection and Promotion of the Diversity Development. It actively identifies, safeguards, indigenous peoples and local communities, in of Cultural Expressions (2005). They provide presents and transmits to present and future line with international standards, is at the heart a framework for protecting and promoting generations irreplaceable cultural and natural of sustainable development.

14 Foreword: the changing landscape State of the World’s Minorities State of the World’s Minorities Foreword: the changing landscape 15 of indigenous heritage protection and Indigenous Peoples 2016 and Indigenous Peoples 2016 of indigenous heritage protection Introduction United Nations Educational, Scientific and The changing definition of culture Cultural Organization (UNESCO), for example, he protection and enjoyment of culture the main international organization charged is central to minority and indigenous with the protection of culture, understood it as T peoples’ rights. Unfortunately, in most capital or creativity and so focused on artefacts parts of the world, minority and indigenous of outstanding value that belonged either to the cultures are still being suppressed, ignored or state or to the individual. The World Intellectual undermined. Their restriction is often seen as Property Organization (WIPO) still focuses on a tool for the maintenance of social cohesion, the intellectual property of individuals, a concept yet studies have shown that the opposite is true: alien to many communities. Gradually, though, a repression of minority or indigenous cultures more inclusive understanding has also emerged, breeds alienation from the society and resentment one that includes everyday expressions of one’s towards the state, as well as encouraging identity. It is now accepted that, in addition to intolerance among majorities. Current discussions cultural artefacts, culture: on migration in Europe often undermine minority cultures through over-generalizations, ‘encompasses, inter alia, ways of life, language, adopting at times simplistic and condescending oral and written literature, music and song, undertones. Indigenous cultures face very similar non-verbal communication, religion or belief concerns. Many indigenous peoples continue to systems, rites and ceremonies, sport and games, suffer from assimilationist policies and practices. methods of production and technology, natural and Their art is widely misappropriated and their man-made environments, , clothing and shelter traditional knowledge is ignored or used without and the arts, customs and traditions through which the consent of those affected. Indigenous individuals, groups of individuals and communities communities have yet to receive substantial express their humanity and the meaning they give redress for historical injustices, including the to their existence, and build their view representing brutal removal of indigenous children from their encounters with the external forces affecting their families, and the continuous rejection of their lives. Culture shapes and mirrors the values their cultural autonomy. Such injustices have of well-being and the economic, social and political left deep wounds in their relationship with life of individuals, groups of individuals and Cultural rights and the states in which they live. Recent decades communities.’ 1 have also witnessed the unruly development of projects by transnational corporations that This more closely reflects the understanding disregard indigenous spiritual values and sites. of culture held by minorities and indigenous Such projects often strip both minorities and peoples. Culture is not only about outstanding their implications indigenous peoples of their livelihoods and beauty, but also a community’s way of life. It resources. Also, new waves of tourism ‘off the is not only about tangible objects, but also beaten track’, lacking the required cultural intangible elements such as languages and sensitivity, commodify important minority and oral traditions. And it is frequently connected for minority indigenous sites. And, of , current conflicts to nature and the natural environment. and political turmoil have seen the vicious Furthermore, it is not just an individual right but destruction of minority and indigenous sites can be a collective one too. Culture is also closely and stolen artefacts in , , linked to other concepts and rights, such as those and indigenous the Maldives, , and elsewhere, often regarding land, language, education and religion, as part of a deliberate campaign against these and can directly affect other areas of a minority communities. or indigenous person’s life including health, The concept of ‘culture’ has evolved in the housing and livelihoods. communities past decades and with it, the scope of cultural As the meaning of culture has broadened, so rights. For several decades, the understanding has the scope of the right to culture. Human of culture fell short of the lived realities of rights instruments refer variously to ‘cultural Alexandra Xanthaki minority and indigenous communities. The rights’, ‘the right to culture’ or the ‘right to

State of the World’s Minorities Cultural rights and their implications for 17 and Indigenous Peoples 2016 minority and indigenous communities take part in cultural life’. The right to culture Right: Māori poi dancers in . was initially recognized as an individual right: RaviGogna. the language of Article 15 of the International Covenant on Economic, Social and Cultural minority and indigenous cultures. They evolve Rights reflects this. The provision recognizes in the same way as non-indigenous cultures, the individual right ‘to take part in cultural and as long as this evolution emanates from the life’, ‘to enjoy the benefits of scientific progress’ community and its members, it adds to their and to enjoy protection as an author of any relevance and their richness. Tāreikura, a Māori scientific or cultural production. However, this Arts , incorporates non-indigenous and other provisions on cultural rights have elements to the Māori poi dancing, a traditional benefited greatly from the evolving nature of Māori dance that involves rhythmically swinging international law. It is now widely accepted handmade balls attached to a rope. Their recent that ‘the right to take part in cultural life’ also Māori poi routine, performed to the tune of includes the right of members of minorities to the contemporary hit ‘Move Your Body’ by the practise their own culture (Article 27 of the renowned African artist Beyoncé, is an International Covenant on Civil and Political excellent manifestation of the evolving nature of Rights) and that the realization of the right for indigenous cultures decided by the indigenous non-dominant groups entails positive protection.2 peoples themselves. Cultural rights of minorities Minorities and indigenous peoples have different and indigenous peoples are closely related to but overlapping sets of rights under current other rights too, such as the rights to language, international law. For example, it is recognized education and religion, as well as land rights and that indigenous peoples’ right to culture has a even economic rights. It is important to recognize strong collective side. A collective element, but such links, but also to maintain the core of the not a full collective right, is also recognized in right to culture without diluting it by making it the cultural rights of minorities.3 Despite such an umbrella right. non-interference by the state in ‘the exercise of Limitations and conflicts variances, mainly originating in the recognition cultural practices and with access to cultural The possibility of conflicts between cultural of indigenous peoples’ right to self-determination, Non-discrimination and participation goods and services’, while the positive obligation practices and human rights standards has both indigenous and minority communities share in culture ensures ‘preconditions for participation, repeatedly been used by governments and many concerns, claims and needs when it comes Respect for minority and indigenous cultures facilitation and promotion of cultural life, and majority pressure groups to justify restrictions to the enjoyment of their cultural rights. is vital to the general well-being of those access and preservation of cultural goods’.7 on minority and indigenous peoples’ cultural In its current interpretation, the right to communities and the people belonging to Participation of members of minorities in cultural rights. There are cases in which cultural practices, culture of minorities and indigenous peoples them. Studies have shown that a widespread life has to be ‘effective’.8 This can take the form whether of a minority or of a majority, are contains several key aspects. For instance, the and persistent lack of respect for indigenous of autonomous arrangements. Cultural autonomy undoubtedly in conflict with human rights right includes non-discrimination with regard identities can contribute to endemic problems is recognized in stronger terms for indigenous standards. In some instances, such as female to participation both in the cultural life of the of alcoholism, and poor physical and mental peoples, as it is an expression of their right to genital mutilation (FGM), the abuses are clearly state as a whole, and in minority and indigenous health outcomes in indigenous communities. self-determination. Cultural autonomy can take egregious violations of many countries’ norms cultures. It also encompasses rights to cultural Assimilationist policies or practices, while the form of self-, the maintenance and international standards. In these situations, autonomy, and to the protection of cultural clearly prohibited in international law,5 persist of the community’s cultural institutions,9 the protection of fundamental human rights objects, customs, practices, traditions and nevertheless and pose a serious threat to the institutional structures and juridical systems. standards must always take precedence. However, manifestations. Recently, the right to culture has fundamental identity of many minority and The hierarchy of systems and who will have there are ways for governments to manage such been discussed as part of the debate on ‘cultural indigenous communities. In Europe, Roma the ultimate word on judicial matters are issues instances while at the same time meeting their heritage’, a term appearing more and more in continue to suffer the denial of culturally that need further exploration. A one-size-fits- international obligations. First, any affected human rights instruments.4 sensitive education, lack of access to housing and all formula is neither possible nor desirable. individuals need to have their rights protected, Although culture and heritage are closely other discriminatory policies that have the effect In any case, the choice of who will interpret as well as have their voices heard and respected. interlinked concepts and are often used of undermining their fundamental identity. minority and indigenous customs lies firmly Additionally, it is important to recognize that interchangeably, heritage focuses on cultural Of great importance is the principle of with the communities themselves. In , for minority and indigenous communities must manifestations coming from the past, non-discrimination in participation in, and example, the inclusion of chiefs in and be the main interpreters of their own cultural whereas culture includes present and future access and contribution to, both national and government bodies is seen as a good example of practices, giving them ownership over any manifestations too. While protecting past cultural minority cultural life.6 The negative dimension balancing non-indigenous and indigenous models processes in considering, and if necessary revising, manifestations, it is important not to essentialize of the right to participate in the culture includes of governance.10 the practices in question. Further, practices

18 Cultural rights and their implications for State of the World’s Minorities State of the World’s Minorities Cultural rights and their implications for 19 minority and indigenous communities and Indigenous Peoples 2016 and Indigenous Peoples 2016 minority and indigenous communities may be curbed, but only if they are in violation Right: Tibetan opera in Lhasa, . of national law and contrary to international Gunther Hagleitner. standards.11 Limitations to minority and indigenous peoples’ cultural rights have to be communities, growing appreciation of minority interpreted restrictively. Moreover, any limitation and indigenous cultural objects has been of cultural rights has to be based on the specific facilitated by museums and galleries. However, grounds allowed in the relevant provisions, more often than not, the communities that namely to respond to a pressing public or social created such objects have no participation in need, and to be proportionate. the preparation, exhibiting and benefits from Recent international case law has highlighted such exhibitions, so their meaning is often the challenges inherent in reaching the right lost, distorted or undermined. Very seldom balance. In ruling on the state’s prohibition of the have communities given their consent for the wearing of the full-face veil (the niqab and the exhibiting of their artefacts. And in many cases, burqa) in public, even though the garment was these artefacts are still presented as part of the central to the Muslim applicant’s ‘religion, ‘national culture’ with no reference to their culture and personal convictions’, the European ancestry or, if this is acknowledged, with no Court of Human Rights (ECtHR) relied in SAS discussion of the importance of the minority vs. on the principle of ‘living together’. The and indigenous cultures in the making of these Court held that in banning the wearing of the objects or their current importance to those full-face veil in public places, hence restricting the communities. Ethnic tensions and conflicts also right of minority women to the manifestation of have detrimental implications for minority and their religion, France protected the ‘right of others indigenous cultural objects. Recently the world to live in a space of socialization that makes has witnessed the widespread destruction of result of a 2010 change in legislation following Indigenous patterns and artefacts are regularly living together easier’.12 The judgment has been minority and indigenous tangible heritage by an initiative of the National History Museum of appropriated by non-indigenous designers widely criticized as going beyond the grounds extremists, such as the destruction of Assyrian Rouen in 2007. The without any consideration of the meaning of that are normally accepted for restricting human artefacts in Iraq and the fifth-century Saint Elian had first raised the issue in the 1980s. In the the symbols. In Scandinavia, for instance, Saami rights. The concept of ‘integration’ is often used monastery in Syria. US, the Native American Grave Protection and costumes have long been used by clothing in Europe to nurture negative stereotypes of Redress for the misappropriation of minority Repatriation Act (NAGPRA) and the National companies or for employee uniforms in the minorities and weaken minority cultural rights.13 and indigenous cultural objects is still very Museum of the American (NMAI) tourist industry, while imitation Saami handcrafts Integration can be a positive force, comprising scarce. In , much of the cultural heritage are important legislative tools for the protection are being sold en masse in shops all over the policies supporting , but not in of the Jewish minority was destroyed during the and restitution of indigenous cultural heritage. region.14 Tourists’ souvenirs often reproduce the way the term is widely used today. Recent Second World War. Although the Law on the In 2012, formed an all-indigenous minority and indigenous cultural objects, while voices that present human rights values as part Relationship between the State and the Union of Advisory Committee for Indigenous Repatriation individual majority expressions of art and music of the western ‘way of life’ draw unhelpful Jewish Religious Communities has been in force to advise on policy and programme issues related can often be heavily influenced by indigenous stereotypes and undermine respect for minority since 1997, almost twenty years later the process to indigenous repatriation from Australian and culture: in both cases, such instances trivialize, cultures. Minority women are especially affected of restituting Jewish communal heritage has overseas collections. disrespect or undermine their meaning and by discussions on cultural rights, as they are often only just begun. Moreover, the question of how Interesting questions also arise with respect importance for the community in question. But considered (both by their own communities and reclaimed buildings should be maintained by the to minority or indigenous cultural objects or because the international intellectual property by majorities) to be the embodiment of their now very small Polish Jewish community remains sites that remain hidden from the mainstream. system focuses on individual ownership, private cultures. They therefore risk being called upon to largely unaddressed; meanwhile anti-Semitic The balance between minority and indigenous entities are able to gain legal title to minority- or support and/or justify their cultures both within attacks and vandalism against Jewish cemeteries, control over their own heritage, and the rights indigenous-influenced patterns when ownership and outside their communities. synagogues and other monuments remain a of individuals generally to the common culture should in fact lie with the communities. pressing issue. of mankind, is not always easy to decide Scope and definitions of The repatriation of indigenous human remains upon, especially if those objects or sites may Intangible culture cultural heritage is of urgent importance for indigenous peoples, be under threat. But the pendulum clearly has The traditions, customs and practices of Tangible heritage and there is now a growing awareness of this to lean towards the minority and indigenous minority and indigenous cultures are linked Minority and indigenous tangible heritage among the museums, and other communities themselves – not least since they to the concept of ‘intangible heritage’, defined has historically received greater recognition authorities which possess them. For example, are often marginalized and still excluded from as ‘the practices, representations, expressions, than other forms of heritage. As the world in 2012, 20 mummified Māori heads were the decision-making processes concerning those knowledge, skills – as well as the instruments, becomes more aware of the concerns of these handed back by France to New Zealand as a cultural artefacts. objects, artefacts and cultural spaces associated

20 Cultural rights and their implications for State of the World’s Minorities State of the World’s Minorities Cultural rights and their implications for 21 minority and indigenous communities and Indigenous Peoples 2016 and Indigenous Peoples 2016 minority and indigenous communities therewith – that communities, groups and, in importance of natural heritage, as well. It is session of the United Nations (UN) Permanent managed their own school authority, the Kativik some cases, individuals recognize as part of their only relatively recently that UNESCO focused Forum on Indigenous Issues, in May 2011, over School Board. Among other culturally tailored cultural heritage’.15 Cultural expressions such on this concept, namely in 1992 when the 70 indigenous peoples’ organizations and non- education practices, education teaches as Tibetan opera and the Menglian traditional World Heritage Committee recognized ‘cultural governmental organizations presented a joint maths to children in a manner that reflects Inuit weaving practice in , or Mayan rituals landscapes’ as a category falling under the statement on the continuous violations of the culture, including the use of weather patterns. An for good harvest or health and prosperity, are scope of the 1972 World Heritage Convention. principle of free, prior and informed consent alternative to mainstream curricula is sometimes transmitted from generation to generation, are The close interconnections between culture in the implementation of the World Heritage appropriate so that the specific needs, aspirations constantly recreated and provide minorities and nature, and the relationship between Convention. Still, following the designation and priorities of minorities and indigenous and indigenous peoples with a sense of identity people and places, are particularly relevant of Lake Bogoria in Kenya as a World Heritage groups are met. At the same time, have and continuity. Intangible culture can also act to indigenous communities: hence, culture site without obtaining the free, prior and to ensure that minority and indigenous children as an effective tool for dealing with conflict or cannot be distinguished from nature. To this informed consent of the Endorois, who are the learn about their own cultures, while also with post-conflict trauma. Since 2008, day, a recurring promotes a conflict rightful owners of the land, the World Heritage fulfilling their right to receive education of as Community Music has grown to become a multi- between indigenous communities and the Committee adopted a decision in 2014 requiring high a quality as the rest of the population. faceted programme that empowers young people environment, resulting in the former being the Kenyan government to ‘ensure full and Unfortunately, access to formal education is to express themselves through music and serve evicted to supposedly protect the latter. Yet as a effective participation of the Endorois in the very difficult for many minority and indigenous their communities in Palestine. Music result, indigenous cultures have been threatened management of Lake Bogoria through their own children living in remote areas. Among those who uses music to support reconciliation between and their communal and sustainable land use representative institutions’. can attend, there is often a high drop-out rate communities in Derry-Londonderry, Northern practices have been interrupted, leading to local because of the lack of a culturally appropriate Ireland. In Tuzla, Bosnia and Herzegovina, local eco-systems also suffering without traditional The interconnections between culture curriculum or mother tongue instruction. music and dance workshops act as a therapeutic systems of stewardship. and other human rights The cost of travel may also be prohibitive and tool for the Bosniak women who are Indigenous peoples consider themselves to As mentioned earlier, the right to culture also contribute to high drop-out rates. In many still haunted by their experiences of violence, be the custodians of the environment and have underpins a range of other rights, such as areas, performance differentials between students displacement and loss during the war, and maintained vital eco-systems for centuries. education, religion, language and land, which in of different ethnic backgrounds pose a major especially the in Srebrenica.16 UNESCO had already been declaring natural turn can support or undermine cultural practices problem. Scholarships by educational and Much of the intangible culture of minorities environments important to indigenous and traditions. The linkages between them are cultural institutions, such as those provided and indigenous peoples is currently threatened, communities as World Heritage sites, including explored in further detail in this section. by the Melbourne Theatre Company and the however. Oral traditions are dying out, because Te Wāhipounamu in New Zealand and of Melbourne to young Aboriginal of displacement, assimilationist policies or the Kakadu National Park in Australia. After 1992, Education and Islander individuals, set homogenizing effects of . In , indigenous sites have also either been recognized Education has an important role to play in important foundations for the protection and for instance, the Koogere oral tradition – part or reinscribed as cultural landscapes; Tongariro strengthening and protecting minority and promotion of cultural rights of the respective of the collective memory of Kasese’s Basongora, National Park in New Zealand became the first, indigenous cultures. The teaching of minority communities. Also important is the informal Banyabindi and Batooro communities and and the famous Uluru-Kata Tjuta National and indigenous peoples’ , beliefs sector of education, particularly vibrant among an essential part of their folk expression – is Park in Australia was renamed as such. Often, and traditions helps to counteract prejudice many minority and indigenous communities, severely threatened. Storytellers are no longer their designation as World Heritage sites leads and promote good relations between those including in-community education in language able to recreate episodes of the Koogere story to considerable increase in tourism in the communities and other segments of the and cultural traditions. Culture is also used with and gatherings are dominated by other, more area, which does not always benefit the local . The teaching of history in particular some success to educate the majority on minority modern forms of entertainment. However, indigenous communities. While these areas are is an important tool in restoring respect towards and indigenous cultures and experiences. carefully designed creative initiatives can allow often essential for traditional activities such as minorities and indigenous peoples. In Germany, Performances such as Truth and Reconciliation by intangible culture to be maintained. For example, hunting or , conservation management inter-culturality has been an education policy the Royal Winnipeg Ballet – tackling the legacy in , the Xtaxkgakget Makgkaxtlawana (the regimes do not always take these practices since the mid . Results have generally of ’s residential school system, when Centre for Indigenous Arts) has been established into account and disrupt the link between the been mixed and the policy remains contested; indigenous children were forcibly taken from in to transmit the teachings, art, values local indigenous community and their natural however, in areas where bilingual schools have their families into boarding institutions – can and culture of the Totonac people. The centre surroundings. In addition, the free, prior and long been established they boast higher levels bring home to non-indigenous audiences the recreates a traditional settlement, in which each informed consent of the community, though of achievement, especially as far as pupils suffering wrought by assimilationist policies on ‘house’ is devoted to one of the Totonac arts that essential, is very often not respected. In , with migrant backgrounds are concerned. indigenous communities. apprentices can follow. the inscription of the Western Ghats as a World When minorities and indigenous peoples are Heritage natural site in 2012 was implemented given the opportunity to participate in the Health Natural heritage without the consent of the local design of tailored or autonomous educational Traditional systems related to health are also The debate regarding minority and indigenous community and without acknowledgement of arrangements, the results are typically better. For important elements of minority and indigenous peoples’ cultural heritage has highlighted the their rights to their ancestral lands. At the tenth example, the Inuit of have since 1978 cultures, contributing greatly to community well-

22 Cultural rights and their implications for State of the World’s Minorities State of the World’s Minorities Cultural rights and their implications for 23 minority and indigenous communities and Indigenous Peoples 2016 and Indigenous Peoples 2016 minority and indigenous communities Left: traditional healers give a talk at steady increase since the 1990s in the number the United States Embassy in Bolivia. Embajada of children being taught in te reo Māori. Policies de Estados Unidos en Bolivia. promoting the recognition of Māori culture and the visibility of Māori identity in the minority legal processes – which often draw on national arena have been a positive factor in spiritual tenets – not only violates cultural rights, the revitalization of the language. In Australia, but also undermines the right to practise religion. where the loss of Aboriginal languages has Even where religious rights are broadly had a profoundly demoralizing effect on the respected, the violation of cultural rights can have population’s well-being, similar efforts are under a deep impact on freedom of religion. Although way to protect and revitalize these endangered religious rights are widely respected in Europe, languages. One recent measure intended to help attacks by ultra-right wing groups on the cultures achieve this was the announcement in December of minorities, especially migrants, also affect their 2015 that Aboriginal languages would become freedom to manifest their religion for fear of a new Higher School Certificate subject in the being attacked. Mosques, halal shops, community New South Wales educational system. centres and other cultural sites are among the most common targets in incidents, Land rights while other markers such as the hijab may also Access to ancestral lands, communal grazing areas single out their wearers for attack – a situation and other resources underpins the identities of that may encourage some to avoid displaying many minorities and indigenous peoples, them due to the threat of being targeted. from forest-dwelling Ogiek in Kenya to -herding Saami in northern Scandinavia. Languages Yet all too often states fail to take this into being. For instance, the Kallawaya traditional pharmaceutical companies to use indigenous The loss of minority and indigenous languages account: development projects and other top- healers in the of Bolivia have specific discoveries without acknowledgement or profit contributes to the erosion of communal down policies frequently lead to wholesale routines and practices regarding childbirth and sharing. Nevertheless, when minority and identities and the disappearance of their rich displacement of communities with disastrous the treatment of respiratory diseases, digestive indigenous communities have been able to access culture, traditions and knowledge. In Canada, effects for their cultures, including separation conditions and other illnesses. This knowledge culturally appropriate medical care – for example, the 2011 census reported that only 15 per cent from sacred sites, the loss of traditional continues to be passed down to subsequent with health workers who speak their native of indigenous people still regularly use their livelihoods and social disruption. Besides the generations. In October 2015, UNESCO language – this can lead to improved health original languages. Recent studies have shown immediate impacts of forced resettlement, supported a workshop on the transmission of outcomes. that in First communities where the development projects often change the social Kallawaya knowledge and practices to young aboriginal language has effectively vanished, dynamics of an area by attracting large flows apprentices in Curva. Yet states often ignore Religion the rate of suicides among youth is as much of transient workers and other migrants into or reject such , frequently At times, the difference between culture and as six times higher than in other communities local communities. Among other pressures, alienating minority and indigenous patients as a religion or belief is blurred. Customary marriage across the country, where the children are able the impacts of these rapid changes can lead to result. In China, the failure of public hospitals practices, burial rituals and ceremonies related to speak their mother tongue. Language is an increased demand for housing, higher rents and to permit the traditional semi-sitting position to the passing on of traditional knowledge or essential element of minority and indigenous other social problems such as , for childbirth is a major factor in the decision of honouring nature are very much linked to a cultures, providing these communities with alcoholism and violence. According to its own many minority women to by-pass their services in community’s and hence to the right unique identities, enabling their cohesion and guidelines, the has an important role favour of home births, despite the attendant risks. to religion or belief in its collective capacity. giving them a conduit for the practice and to play in safeguarding guarantees that its funded Recently, however, there has been a series of The appropriation of important community dissemination of their cultures. Unfortunately, projects will not expose minority and indigenous initiatives to support traditional health systems symbols by non-indigenous individuals, such many minority and indigenous languages are now communities ‘to loss of identity, culture, and and strengthen their status within wider society. as the use of traditional Native American head endangered, meaning that their cultures are also customary livelihoods, as well as exposure to One case in point is the bio-cultural community pieces in fashion shows, violates cultural rights under threat. disease’. Unfortunately, World Bank-funded protocol developed in 2009 by traditional but also undermines indigenous spiritual rights, By the same token, a cultural revival can programmes have had disastrous consequences health practitioners in the Bushbuckridge area as the two are closely interconnected. Hindu also help to restore a declining minority or for many minority and indigenous communities; in , setting out how they expect and Sikh communities have informal dispute , and vice versa. Indigenous the Sengwer who have suffered forced removals in other stakeholders to engage with them. Yet the resolution processes using internal consultation, languages in many parts of the world are Kenya are just one of many recent examples. interest and respect of outsiders can come at a interpretation and decision-making through currently experiencing a period of regrowth. Indigenous cultures in particular also include price: it is not uncommon, for instance, for large local institutions called panchayats. Denying such In New Zealand, for example, there has been a ‘traditional lifestyles relevant for the conservation

24 Cultural rights and their implications for State of the World’s Minorities State of the World’s Minorities Cultural rights and their implications for 25 minority and indigenous communities and Indigenous Peoples 2016 and Indigenous Peoples 2016 minority and indigenous communities 11 UN Declaration on 4 For example, various and sustainable use of biological diversity’, others should take into account the emphasis Minorities, Article 4.2. UNESCO instruments, 12 ECtHR, SAS v France, . protected by the Biological Diversity Convention, and affirmation that UN instruments and bodies the FCNM, the Faro 122. which requires the respect and preservation of have given to the cultural rights of minorities and Framework Convention 13 Xanthaki, A., ‘Against on the Value of Cultural traditional knowledge and the active involvement indigenous communities. integration, for human Heritage for Society and rights’, International of the knowledge holders. Obstacles to traditional More inclusive understandings of culture as the UN Declaration on Journal of Human Rights, the Rights of Indigenous activities, including practices of cultivation, a way of life better reflect the experiences and forthcoming. Peoples (UNDRIP). 14 Nuorgam, P., Presentation agriculture, animal herding and fishing, also values of minorities and indigenous peoples 5 FCNM, Article 5. in Expert Seminar on 6 International Convention constitute obstacles to community cultures, with around the world. Culture, religion, language, Indigenous Peoples’ on the Elimination of Rights with Respect to dire implications for minority and indigenous literature and nature are all intermingled in All Forms of Racial their Cultural Heritage, Discrimination, Article 5(e) livelihoods, socio-economic rights and health. many minority and indigenous communities. Rovaniemi, February 2015. (vi); Convention on the 15 UNESCO Convention Distinct minority and indigenous beliefs about Recently, the debate on the protection of cultural Elimination of All Forms for Safeguarding of the of Discrimination against food, its preparation and its consumption also heritage has been enriched by renewed interest Intangible Cultural Women, Article 13 (c); Heritage (2003), Article form an important part of rituals and identity. in indigenous peoples’ rights and the adoption of Convention on the Rights 2.1. of the Child, Article 31.2; According to the Inuit Circumpolar Council - the UN Declaration on the Rights of Indigenous 16 See: https://www. International Convention : Peoples (UNDRIP). However, such debates are musicianswithoutborders. on the Protection of the org/#ourwork. overwhelmingly relevant to ethnic, religious and Rights of All Migrant 17 Inuit Circumpolar Workers and Members ‘Traditional … provide spiritual, cultural and linguistic minorities too, and these communities Council-Alaska (ICC-AK), of Their Families, Article Alaskan Inuit traditional values, shelter, medicines, energy, identity must also be included in these discussions. 43.1(g); Convention on Conceptual Framework: How the Rights of Persons with and more. Over time immemorial, the obtaining, Finally, it must be reiterated that the to Assess the from an , Article 30.1. Inuit Perspective – Summary processing, storing and consuming of these foods importance of cultural rights for the enjoyment 7 UN International and Recommendations Committee on Economic, have involved storytelling, dancing, drumming, art, of other rights has yet to be fully appreciated. Report, Anchorage, AK, Social and Cultural Rights, 17 ICC-AK, 2015, p. 8. education, language, traditions and ceremonies.’ Protection of culture, though urgent and General Comment No. 21 18 UN EMRIP, Advice supra note 1, para. 6. necessary in itself, also protects food, livelihoods, No 8, A/HRC/30/53, 8 FCNM, Article 15. Annex, 2015, para. 7; and Conclusions education, health, the environment and 9 UNDRIP, Article 5. Xanthaki, A., ‘Indigenous 10 Tobin, B., The Role of Respect for the cultures of particular many other areas. Furthermore, the right to cultural heritage and the Customary Law in Access international human rights communities amounts to respect for their culture serves as a cornerstone for sustainable and Benefit-sharing and system’, in A. Xanthaki, S. identities. By extension, minority and indigenous development. Hence, a clearer framework for Traditional Knowledge Valkonen, P. Nuorgam, L. Governance: Perspectives peoples’ rights cannot be realized unless the cultural rights can also support a broader process Heinämäki (eds), Indigenous from Andean and Cultural Heritage, Leiden, cultural rights of their communities are also of transformative change for minority and Pacific Island Countries, Brill, forthcoming 2017. respected. The narrative of integration developed indigenous communities. ■ , WIPO and UNU, 2008. recently has sidelined the importance of securing a cultural framework for the well-being and development of minority and indigenous Endnotes populations. Such discussions on integration have to use as a starting point the principle of respect 1 Human Rights Committee, 30. Also, Human Rights General Comment No. Committee, General for cultural rights. The notion of inter-culturality, 21, ‘Right of everyone to Comment No. 23, Article although accepted in theory, is still to be realized take part in cultural life 27 (Fiftieth session, 1994), (Art. 15, para. 1(a), of the Compilation of General in many societies. International Covenant Comments and General Examples from all over the world show on Economic, Social and Recommendations Adopted us that culture can be a mobilizing force for Cultural Rights)’, UN by Human Rights doc. E/C.12/GC/21, 21 Bodies, UN doc. HRI/ change. Furthermore, the effective participation December 2009, at II, A GEN/1/Rev.1 at 38 (1994). of minorities and indigenous peoples in the 13. Also Article 5.1 of the 2 Committee on the Framework Convention design of policies and practices that protect their Elimination of Racial on National Minorities cultures are important procedural guarantees Discrimination, General (FCNM); General Recommendation No. Comment No. 11 of the for the protection of their rights more broadly. 32 on ‘The meaning and Committee on the Rights To support this, however, existing instruments scope of special measures of the Child. in the International 3 UN Declaration on the have to be interpreted in a manner consistent Convention on the Rights of Persons belonging with newer and more up-to-date instruments Elimination of All Forms to National or Ethnic, 18 Racial Discrimination’, Religious and Linguistic on cultural rights. In particular, organizations UN doc. CERD/C/GC/32 Minorities (UN Declaration such as UNESCO, WIPO, the World Bank and 24 September 2009, para. on Minorities), Article 1.

26 Cultural rights and their implications for State of the World’s Minorities State of the World’s Minorities Cultural rights and their implications for 27 minority and indigenous communities and Indigenous Peoples 2016 and Indigenous Peoples 2016 minority and indigenous communities ‘Sing the freedom songs today for the same reason the development, shaping and attrition of cultures, slaves sang them, because we too are in bondage and and some aspects of how and why minority the songs add hope to our determination that “We and indigenous communities prioritize cultural shall overcome, Black and white together, we shall preservation and development as essential for overcome someday.’’’ their survival. Martin Luther King, Why We Can’t Wait, 1964 Challenging discrimination Introduction through street theatre: MRG’s first n human rights struggles, culture and cultural project the arts have often been instrumental in While MRG has been campaigning for almost 50 I challenging attitudes, resisting oppression, years for minority and indigenous communities mobilizing activists and inspiring change. worldwide, its work in the cultural and creative Culture is central to a person’s identity: by tying sectors began relatively recently when the individuals together through the assertion of organization saw opportunities to extend its work shared histories, norms and attitudes, it can be a into these areas as a way of reaching out to new force for unity. Furthermore, artistic expression audiences. MRG is proud of its track record in such as drama, poetry and song can provide litigating for minority and indigenous peoples’ minorities and indigenous peoples with a means rights, but it also understands the limitations to resist threats to their existence. For example, of legal statutes. And this is not just the usual Aboriginal art in Australia has long played a argument about non-implementation (which Delivering minority central role in countering and the is, indeed, a common and serious problem). erasure of Aboriginal culture. As MRG has seen first-hand, even when laws But culture can also be divisive. Where two are implemented and followed to the letter, cultures meet, the can engulf or discriminatory attitudes can persist – and with and indigenous threaten the existence of the other. The symbolic them unequal outcomes between minority and power of the arts has also been recognized majority populations. For example, all too often by those who seek to oppress minorities and laws outlawing discrimination in job hiring have indigenous peoples, who may actively target not resulted, at least in the short and medium rights in practice: cultural heritage to demoralize communities or term, in more equitable employment rates exploit the power of the arts in propaganda to between groups as employers have found different incite hatred against a particular group. Like any reasons for selecting the same candidates. In short, other source of power, art can harm as well as people with discriminatory mindsets will find a the underrated heal. For a human rights organization working, way to continue discriminating in spite of new like Minority Rights Group International (MRG), laws: in India, despite the caste system’s formal to support marginalized communities through abolition in 1950, deep-seated prejudice towards culture, this is a sobering realization – alongside the Dalit population persists to this day. potential of culture positive messages of tolerance, there will almost This led MRG to consider a new approach to always be opposing voices seeking to fill the same its work – how to draw on the arts to change the space with a very different music. attitudes of those who discriminate. Borrowing This chapter aims to explore these issues by from successful practice in the health sector, sharing some of the experiences and learning that particularly in addressing the stigmatization of and why we ignore MRG has gained so far in its work on cultural those with HIV or AIDS, MRG began to explore rights and the use of various art forms to secure the idea of a project that would use street theatre greater respect, equality and emancipation for to challenge stereotypes and misrepresentations minorities and indigenous peoples. To do so, of minorities and indigenous peoples. Having it at our peril the chapter also discusses the complex and approached its network of partners to see who dynamic inter-relationships between minority and might be interested in this new approach, four majority cultures, as well as the ways that cultural countries were selected: , Dominican Claire Thomas, with additional perceptions can drive or challenge human rights Republic, Kenya and . MRG and its research by Fahmida Rahman abuses. It also touches upon policy-making, the partners were fortunate that the

State of the World’s Minorities Delivering minority and 29 and Indigenous Peoples 2016 indigenous rights in practice Left: Street theatre performance in Kenya. SAFE together with them in the fields or to build a KENYA. house. In all cases, the actors were visibly shocked by the poverty and inequality they encountered. suggests that the performances had raised their This experience stripped away a level of comfort consciousness of the issues and uncovered an and made them ready to fundamentally rethink openness to act, with numerous officials and their attitudes. They re-examined values that they leaders pledging support following performances: had been raised with since birth, language they the vice- praised the used every day, jokes they told, decisions they had way the performances championed diversity; made and practices they had condoned. Several a councillor promised to discuss the issue of actors spoke very honestly and movingly about discrimination in council; a chief in Rapostswe, this difficult process and others have stated that Botswana, said he would encourage village chiefs they now actively challenge . to consider the issue; and a pastor pledged to But attempts to build cohesion within the dedicate a day in church to discuss it. While groups were not entirely unproblematic. Some there were insufficient resources for significant drama groups grappled with the attitudes of follow-up, the feedback points to the considerable minority and majority group members towards potential that a sustained effort may have in each other – a difficult and time-consuming task. transforming attitudes. For example, in Botswana, minority and majority Second, although the project’s main aim had drama group members did not want to share been to reach and challenge the attitudes of a room when they were touring, despite their majority groups who discriminate, there were cooperation on stage. Nevertheless, the mixed clear effects on the members of the minority and minority and majority casts ultimately formed (EU) agreed to fund the project.1 In each country were often moved to tears and laughter, but not indigenous communities who participated in the cohesive and solid teams that proved essential the project team recruited and brought together – as the project team may have feared – to anger dramas. Their self-esteem and sense of belonging to withstanding the challenges from audience artistic directors, actors and minority activists. expressed through violence. Audience members was strengthened by the fact that someone members during participatory theatre and Questions immediately arose: would both interviewed after the performances confessed to had made a play that paid attention to their after-show discussions on these sensitive issues. majority and minority actors come forward to having discriminated against or viewed minorities experiences and took their problems seriously. Of course, there were difficulties along the take part in a politically sensitive project? Would and indigenous peoples negatively, but said that The subsequent evaluation suggested that the way. For instance, in Kenya, some actors faced the groups get permission to perform? Would the show had made them rethink these attitudes. project was actually most effective in building death threats and had to move home temporarily audiences attend? Would they understand the MRG’s partners subsequently made a film the confidence of minority and indigenous for safety. This was due to the minority/majority messages? How would they react? Street theatre about the project in each country and screened participants to articulate their situation and even issue being intimately connected with the was not common in any of the project countries it to reach an even wider audience. These four challenge racism. Furthermore, media coverage of and the coastal region, where the and the partners had limited resources to call on films were combined into a global film, Say My helped highlight key community issues, as well project took place, and the highly charged pre- in developing their productions. Name, that showcased the process, techniques as opening up opportunities for minority and election context. But, while acknowledging the Despite these reservations, the project delivered and some of the striking audience reactions.2 In indigenous activists themselves to speak publicly seriousness of such issues, MRG felt that overall a great number of successes. Both professional the end, the programme managed to reach more about their situations. For example, in Rwanda, the pilot project was successful in challenging and untrained minority actors came forward in than 60,000 people – far in excess of the original a journalist interviewed a Batwa woman, as some of the deep-seated prejudices that have sufficient numbers, while partners were largely target – but, more importantly, the project part of a TV article. The woman mentioned the had continuing detrimental effects on the lives able to overcome the reluctance of authorities to also engaged viewers in new and unexpected community’s need to access clay to pursue their of minorities and indigenous peoples. As such, allow this experimental medium – though certain ways. In the words of the external evaluator, traditional livelihoods and the journalist followed the team started to design projects that would techniques, involving audience participation and audiences were ‘struck by the power of seeing this up the next day in an interview with the replicate elements of the project or adapt it to actor improvisation, at times had to be abandoned discrimination and conflict demonstrated rather Mayor of Ruhango, asking him to respond to this new contexts. because the unpredictability was too much for than only being talked about’ – an approach that demand. The external evaluator also challenged some governments to accept. The casts and distinguished it from other anti-discrimination Third, the project also had a deep impact on the project team to think beyond its initial project team crafted scripts that used sympathetic campaigns. many of the actors belonging to majority groups. objectives. Due to MRG’s limited experience in characters to pull audiences into the story and In addition, there were three unintended Each project involved a community visit whereby, street theatre, the project team had been fairly then used humour to challenge widely accepted positive consequences of the project. The first was after casting had taken place, the actors went to conservative in the results it sought and the stereotypes of minority or indigenous groups. its impact on decision-makers. The project team visit a minority or indigenous community. Where indicators to assess them. However, the evaluator Large crowds flocked to town squares and other had not had any specific policy change goals. possible, they slept in the houses of minority or encouraged MRG to think about the potential venues to watch the performances. Audiences Nonetheless, our engagement with policy-makers indigenous people, shared their food, worked for long-term and sustained impact. Although the

30 Delivering minority and State of the World’s Minorities State of the World’s Minorities Delivering minority and 31 indigenous rights in practice and Indigenous Peoples 2016 and Indigenous Peoples 2016 indigenous rights in practice Left: Street theatre project in the Dominican and ‘We shall not be moved’ provided a Republic. Zulema Cadenas/MRG. non-violent means of resistance for activists, and were widely used to recruit and to deepen that ‘as we tell stories about the lives of others, commitment to the movement.4 Freedom songs, we learn how to imagine what another creature such as Eddy Grant’s ‘Gimme Hope Jo’anna’, might feel in response to various events. At the were also widely used in the struggle against same time, we identify with the other creature in South Africa. T.V. Reed, a professor and learn something about ourselves.’3 By at State University, writes that: presenting to the audiences the plight of minority and indigenous communities through stories ‘Music becomes more deeply ingrained in memory about the lived experiences of individuals, the than mere talk, and this quality made it a powerful project enabled them to understand these ‘other’ organizing tool. It is one thing to hear a political communities as groups of people much like speech and remember an idea or two. It is quite themselves. The audiences were able to empathize another to sing a song and have its politically with the individual and to gain an understanding charged verses become emblazoned on your memory. of what it would be like to face the struggles of In singing you take on a deeper level of commitment that community. It is this empathetic response to an idea than if you only hear it spoken of.’ 5 that art can generate which fosters attitudinal change. In struggles for minority and indigenous peoples’ In much of the world, people hold the power, rights, culture is of particular importance because through their actions and behaviours, to end of the symbolic value that it can hold for the human rights abuses and collectively help a communities affected. Culture is central to the state achieve respect for human rights in the formation and maintenance of social groups. shows could reasonably make people rethink their in current follow-up projects. area it controls. As was mentioned above, the Shared culture is a glue that binds groups of attitudes, was there any guarantee that this would implementation of anti-discriminatory laws people together, generating a sense of belonging not be forgotten the following day, after a good The power of the arts: a force is simply not enough to immediately end to something larger than the individual or night’s sleep, or perhaps after seeing a negative for good? discrimination. This can only happen through . For those belonging to minority or media article about a minority or indigenous The case study of MRG’s first major street widespread changes in individual attitudes. This indigenous communities, culture is very community? theatre project provides a small window into is because individual actions, such as the act important in defining their groups and creating This is a real problem for street theatre in understanding the potential that the arts have of hiring only people of a certain group or the a sense of and fellowship within the terms of data capture. Audiences are transient; in as a tool for the protection, promotion and refusal to sell property to members of . In 1970s , for example, the insecure contexts, people hesitate to share contact reinforcement of cultural and other human rights. groups, are what uphold and maintain systematic revolutionary rock band Sumé produced the details. In big cities, the chances of happening on MRG’s exploration in this field has widened its processes of exclusion or oppression. The beauty first songs to be recorded in the Greenlandic and interviewing the same people upon visiting understanding of how the organization can work of the arts is that, unlike the of law and language, in response to a general dissatisfaction a city square after three or six months are very collaboratively with people at the grassroots, as politics, it is accessible at least in some form to with ’s dominance over every aspect small. Fortunately, in the Kenya project, where well as with decision-makers, to promote the all people, whether through community projects of their lives, including education. Use of the the shows had been performed in large villages, rights of minority and indigenous communities. and , popular art and media, or fine Greenlandic language unified indigenous Inuit the evaluator was able to revisit those villages But to utilize the arts to their greatest effect, it arts. Since the arts in all their forms hold such a because it strengthened their collective identity approximately six months later. She selected is important to understand how and why it can central role in the shaping of human values, they and thus underscored the collective nature of interviewees at random during transect walks be such a powerful tool. Given the clear impact are of fundamental importance in attempts to their struggles. The music empowered the youth and interviewed a number who had attended that the street theatre had in the project countries, effect widespread and meaningful change. of the time to launch a successful movement performances. Pleasingly, she found that people what was it about the art form that engaged so However, art does not simply educate, it can for Greenland to gain more autonomy from were able to remember the main messages of the effectively with audience members and pushed inspire and motivate change. When utilized Denmark. drama, while some respondents also reported them to rethink their attitudes towards minorities effectively, art can have a profound impact on In addition to mobilizing communities, music acting or reacting differently as a result. This and indigenous communities? struggles for human rights or against injustice. has been used to bring wider attention to human was a limited exercise, but it does suggest that Much of the theoretical literature on this topic A popular example is the use of freedom songs rights issues and to mobilize global communities. the effects of street theatre can be sustained over points to the role of art as a moral educator. This to mobilize communities in struggles for justice. ‘Charity’ or ‘benefit’ rock concerts have often time. Building on these lessons, MRG is now is particularly true for art that takes a narrative Such songs were notably used by civil rights been used to convey highly politicized messages working to find new ways of retaining contact form. Martha Nussbaum, a professor of law and activists in during the civil rights to global audiences. This method was pioneered with audience members in big city performances ethics at the University of Chicago, maintains movement. Songs such as ‘We shall overcome’ by Ravi Shankar and George Harrison in August

32 Delivering minority and State of the World’s Minorities State of the World’s Minorities Delivering minority and 33 indigenous rights in practice and Indigenous Peoples 2016 and Indigenous Peoples 2016 indigenous rights in practice 1971 with the Concert for . This existence of cultural or other boundaries can also students in Nazi Germany and the burning to provide hope. concert, which sold out Madison Square Garden, be used to exclude others, creating division and of the Jaffna Library in 1981 during the Sri raised global awareness of the previously relatively alienation. In places, such othering in cultural Lankan . More recently, extremist Using arts as a tool for unknown plight of the Bengali-speaking people life has been a precursor or enabler for other groups including the Islamic State in Iraq and conflict resolution who were fighting for their from rights abuses against minorities and indigenous al-Sham (ISIS) have engaged in the destruction But while there is widespread recognition of the at the time, while also raising millions of peoples, including mass killings and . of heritage sites in Iraq and Syria, including devastation that cultural destruction frequently dollars to support . More recently, various Just as songs and music have been used to Christian monasteries and Yezidi shrines. These plays in conflict, the opportunities for preventing human rights film festivals, such as the European motivate activists and protesters in pursuit of symbolic actions have been accompanied by violence or supporting reconciliation efforts in a Minority Film Festival held annually in North human rights, they have also been used to rally large-scale against humanity, such as post-conflict setting are arguably underdeveloped. Frisia, Germany, have been used to bring activists warriors, soldiers and armed groups in oppressive mass killings and abductions, which underscore This is an area that MRG is now exploring and communities together. regimes. Individuals, including musician Simon the group’s efforts to eliminate the existence of further in its work. However, it is important to recognize that art Bikindi and the wife of a government , religious groups other than their own. MRG is currently midway through the has not always been used as a force for good. Yvonne Basebya,6 have been convicted of inciting Nevertheless, culture is, literally, essential implementation of a new project, ‘Drama, Just as culture binds groups together, it can genocide in Rwanda through the use of song, to minority and indigenous communities – it diversity and development’ (also EU funded),7 also delineate and separate groups from one among other crimes. At the same time, many forms part of their essence. Their choices around which is supporting 14 ‘street theatre against another through acts of differentiation. In many well-known traditional musicians were actively cultural rights, including the ability to evolve and racism’ projects in the Middle East and North instances art has been used to exclusionary targeted in the genocide. not be frozen historical remnants, remain critical Africa, from to Lebanon. The project or discriminatory ends. The Black and White A more frequent method of ‘othering’ occurs to their self-esteem, sense of community and aims to build capacity and establish links Minstrel Show, which aired in the UK for two when the state actively attempts to assimilate all collective identity. Language, songs, traditional between cultural actors in countries and minority decades between 1958 and 1978, is a well‑known of those who differ from a majority ethnicity by crafts and dance are often used as markers of communities. It also encompasses cultural rights example of this. The show consisted of white devaluing their culture or by socially engineering belonging to a group. In many cases, distinct projects, a documentary film and actors in blackface mockingly performing cultural change. Particularly egregious examples traditions handed down can provide a unique investigations into the possibility of litigating calypsos and African American spiritual music include the taking of indigenous children in character that allows minority and indigenous to achieve a context more conducive to cultural from the Deep South in the US. It was heavily both Australia and Canada away from their communities to create and sell their products, activity that reaches the most marginalized. The criticized by black audiences for its use of racist families and raising them in children’s homes. A and thereby gain valuable income from their minorities and indigenous peoples involved stereotypes, which reflected and helped to further further example is China’s use of minorities in culture. This can include making handicrafts range from sub-Saharan migrants in Morocco embed discriminatory attitudes towards the UK state-sponsored media and art. Minority artists with traditional patterns, as well as performing to Black Tunisians, Amazigh in and black population. are trained in state-sponsored song-and-dance dances and songs at weddings. While perhaps less , , Christians and in The effects of negative stereotypes and troupes to present their ethnic identities in quantifiable than other rights abuses, the impacts Egypt, Palestinian citizens of and Syrian discriminatory attitudes on the lives of minorities ways that are acceptable to the Chinese state: of cultural erosion on the lives of marginalized refugees in Lebanon and . Once again, the and indigenous peoples extend beyond the at the same time, they are severely restricted communities should not be underestimated. tours have been hugely popular, with audiences occurrence of overtly racist actions, such as from presenting art that might contain political In post-conflict settings, culture plays an totalling 14,000 for a show touring Egypt, violence or hate speech, to issues such as messages of disunity or repression. Integral important part in the restoration of normality mayors attending performances in Palestine, exclusion from jobs and school places, access to almost every effort to deny a minority or and continuation of life. The reintroduction and a project overcoming a ban on performing to loans or contracts, or the ghettoization of indigenous people’s claim to equality have been of cultural norms and practices, as well as in Morocco after a concerted advocacy those groups. If racism or discrimination are efforts to limit their access to and usage of culture engagement in cultural acts such as traditional campaign. It is hoped that these efforts will help deeply ingrained in a society, then they will and language. Decisions against state recognition dance or the telling of folklore, can be support tolerance and understanding between manifest in almost everything that happens in of the as an official language instrumental in reconnecting victims to their communities, and, in the process, reduce the that society unless clear and concrete steps are of Macedonia were a key grievance for ethnic old lives and in helping them recreate feelings likelihood of future division. taken to prevent this. Culture is not immune Albanians pursuing their rights in Macedonia, of stability and community. In many instances, MRG has also explored the use of artistic from society’s ills. While the inclusion of racist and in 2001 became a major factor in the old traditions that had been in decline prior to forms to support reconciliation efforts in the or derogatory content may be deliberate, it can emergence of conflict. conflict have experienced a revival in its wake. aftermath of civil conflict. This particular also occur almost unconsciously as discriminatory At its worst, the symbolic power of culture This was particularly true in El Salvador in 1992 project used arts to help minority Tamil women attitudes may be so ingrained that they are has been manipulated by parties to conflict where, after 12 years of conflict, the government affected by conflict in Sri Lanka to explore what invisible to much of the majority population. in order to reinforce campaigns of cultural actively sought to revive traditional crafts and reconciliation would mean to them. Artists However, the real problems begin when a cleansing and ethnic homogenization. For festivals through the passage of legislation for the and a poet ran workshops with Tamil women state (either deliberately or carelessly) identifies instance, there is a long history of biblioclasm, protection of cultural heritage. Likewise, cultural where they composed poems or drew pictures itself with only one or culture, or the burning of books, in ethnic conflicts projects are commonly used in refugee camps representing their memories and feelings about thus marking all the others who fall outside it as a form of ethnic purification or censorship. to allow displaced communities to experience the conflict and the country’s future. as either inferior or not truly belonging. The Notable examples include book burning by familiarity and community in foreign lands and Although the project was run in 2014 and

34 Delivering minority and State of the World’s Minorities State of the World’s Minorities Delivering minority and 35 indigenous rights in practice and Indigenous Peoples 2016 and Indigenous Peoples 2016 indigenous rights in practice Left: Street theatre performance in Morocco. level. Access to and fulfilment of cultural rights Laura Quintana Soms/MRG. should therefore not be an afterthought but a central priority in the efforts of those working on demonstrates the social and political power of minority rights issues. Without cultural rights, the arts, as well as their considerable potential a community is unable to adequately express its for organizations like MRG to communicate identity or make its voice heard – a situation that messages, mobilize communities and transform only reinforces exclusion and lack of political social attitudes towards minorities and participation. indigenous peoples. As the organization has Of course, to be able to fully realize the found, this is by no means an easy task and the opportunities art and culture offer, states process of attitudinal change can be protracted. themselves must take every possible step to Nevertheless, despite some salutary lessons along welcome and protect cultural diversity and the the way, the results have been very encouraging. richness that it brings to all societies, particularly MRG is currently exploring other ideas and in an era of rising extremist and exclusionary actively developing projects in new locations. . Majority cultures should be Ultimately, building on what it has learnt over encouraged to avoid rigid and fixed cultural the last few years, MRG is hoping to broaden its boundaries that create a ‘them and us’ mentality, repertoire of cultural forms, as well as to use new or which otherwise exclude and marginalize other vehicles such as radio plays and fiction films, to groups. Minority cultures might feel the need for reach new types of audiences. firmer boundaries as a form of defence against Based on our experience with the various assimilation, a situation that can in some cases projects described in this chapter, cultural result in increased discrimination towards certain and artistic mediums can be a hugely valuable groups within their community, such as women. resource for minority and human rights But as and when a minority or indigenous so was affected by the security context at the November 2015 in . activists – one that we ignore at our peril. culture can feel more secure and confident, time, as well as deep distrust between minority Even in contexts where tensions have stopped Non-governmental organizations (NGOs) and when community members feel equally valued as communities and the authorities, it was short of large-scale conflict, cultural exposure civil society are missing a major opportunity if members of society, creative cultural exchanges nevertheless a success. Participants reported that and artistic interaction still have a vital role to they fail to engage in this area. As argued here, across boundaries will hopefully become the the chance to engage in artistic expression – an play in lowering barriers and raising awareness cultural projects have a special power to generate norm. ■ opportunity not typically available for most – about minority and indigenous communities. empathetic responses that touch people at a had made for a more meaningful and personal MRG recently implemented a small pilot project deeper level and positively change their views. Endnotes exploration of the complex and sensitive subject in Europe, ‘Walk into My Life’, which uses Furthermore, culture occupies a space that of reconciliation than would have been the case interactive walking tours of cities interspersed is as political and contested as any other. If 1 The project was funded tradition’, in The Art through the initiative: of , Minneapolis, through a more traditional discussion format. As with small-cast street performances to explore organizations like MRG do not occupy that University of Minnesota one Tamil woman put it: minorities’ relationships with the areas where space, intentionally or through a failure to attract Investing in People, Press, 2005, pp. 1–40. Access to local culture, 5 Ibid., p. 28. they live and their sense of belonging, heritage a wider audience, then others will fill it in their protection and promotion 6 International Crimes ‘I have participated in several workshops and and ability to truly be in these places. This absence. Producing audience-accessible materials of cultural diversity Database, ‘The Prosecutor v. programmes regarding peace-building and livelihood contract number DEI - Yvonne Basebya’, retrieved 17 project, currently run in Budapest (), on rights issues should therefore not be regarded HUM/2009/207591. February 2016, http://www. improvement. They all called and forced [us] London (UK), () and Oviedo as an optional supplement to other work, such 2 The film, Say My Name, internationalcrimesdatabase. sometime to forget the past and walk ahead. It [the (), is of particular significance at a time as litigation or high-level advocacy, but an is available at: http:// org/Case/971. www.minorityvoices.org/ 7 EU-funded regional MRG project] is the only programme [that] called when Europe is experiencing increasing division essential accompaniment to these processes. news.php/en/1341/mrg- programme ‘Media and us to memorize and to accept the past. We had the and hostility towards minorities and migrants. Legal or political reforms, while significant, documentary-film-say-my- Culture for Development name-using-street-theatre- in the Southern chance to share the real pain and get free a bit.’ Projects like this allow MRG to tackle issues can only achieve so much if social prejudices to-combat-discrimination- Mediterranean Region of community cohesion by helping societies to within a community remain unaddressed – or, in-rwanda-botswana-do. Programme’, MRG, in 3 Nussbaum, M., ‘Martha partnership with the Prince In addition to the primary outcomes, the understand and respect minority cultures instead indeed, continue to be actively encouraged by a Nussbaum’, in J. Harmon, Claus Fund for Culture drawings and poems made for high-impact of rejecting them and demanding assimilation. flourishing arts and media scene that promotes Take My Advice: Letters to and Development, the the Next Generation from Civic Forum Institute advocacy evidence, which MRG was able to craft not equality but discrimination. People who Know a Thing Palestine, and Andalus into a multimedia resource and a documentary Conclusion Finally, shared cultural practices and knowledge Or Two, New York, Simon Institute for Tolerance and 8 & Schuster, 2002, p. 177. Anti‐Violence Studies. film. This was shown at a side event at the This overview of some of the ways in which are extremely important to minorities and 4 Reed, T., ‘Singing civil 8 Both are available at www. United Nations Human Rights Council in artistic expression and human rights interact indigenous peoples at the most fundamental rights: the freedom song minoritystories.org.

36 Delivering minority and State of the World’s Minorities State of the World’s Minorities Delivering minority and 37 indigenous rights in practice and Indigenous Peoples 2016 and Indigenous Peoples 2016 indigenous rights in practice Introduction on labour, dress codes, public participation and rom female genital mutilation (FGM) many other areas of their lives. In some cases, to , some of the most when these are in clear violation of international F egregious abuses of women’s rights human rights norms – for example, with have been justified in the name of culture and reported cases of FGM in the United Kingdom tradition. As a result, culture is often framed as – official prohibitions are necessary to ensure a threat to, rather than a vehicle for, women’s the fundamental human rights of women are rights. This attitude is reflected in Article 5(a) respected. Nevertheless, it is also the case that of the UN Convention on Elimination of in many areas minority and indigenous women Discrimination Against Women (CEDAW), have been able to engage their cultural traditions urging states ‘to modify the social and cultural positively to strengthen their own position, as well patterns of conduct of men and women, with a as challenge narrow or restrictive interpretations view to achieving the elimination of prejudices of their culture by others. These opportunities are and customary and all other practices’ that explored in more detail in this chapter. perpetuate gender hierarchies or stereotypes. Furthermore, women themselves may sometimes Gender and culture be ambivalent about how to reconcile the norms How we understand gender is shaped by our and beliefs of their community with , culture. ‘Culture’ here refers broadly to systems leaving them uncertain about its possible role of meaning that define, inform and structure in their lives. So, given the apparently troubled our relationships with one another and with relationship between them, can cultural practices the outside world. Gender roles are therefore, be reconciled with women’s rights? whether at the level of , community or Since CEDAW’s adoption in 1979, there nation, highly subjective and can be more or less has been a definite shift in how gender and restrictive from one society to the next. Minority cultural rights intersect, with an increasing and indigenous communities are no exception, Minority and recognition that gender and ranging from extreme to egalitarian cannot be abstracted from one another, nor systems. This chapter does not seek to focus on simply set in opposition. Rather, women these distinctions, but rather on how the denial are using feminist theories to question the of women’s cultural rights impacts particularly on indigenous women’s relevance of particular cultural practices, actively indigenous and minority women, and the ways engaging with, contesting and challenging they are their cultural practices and their societies. In the words of Yakin Ertürk, their right to determine how these are defined. former UN Special Rapporteur on , ‘Human rights standards are Loss of and threats to cultural right to culture: not in contradiction with culture. They are in practices, and women’s roles, contradiction with patriarchal and misogynist responsibilities and statuses interpretations of culture.’ The loss or erosion of cultural heritage can have Minority and indigenous women, in particular, specific impacts for women from indigenous identity, gender and have actively sought to harmonize their rights and minority communities, including the as women with their cultural identities. Far disappearance or commodification of traditional from being static, culture itself is a set of living customs, assimilation, displacement, poor practices and relationships that are continuously health and diminished status within their own opportunities for resisted and renegotiated. These remain central to community. These circumstances are particularly the well-being of their communities, including true for indigenous peoples whose societies have women, who are not simply passive victims of suffered the upheaval of colonization and its these practices but often active creators of new continued legacy of discrimination – a situation empowerment meaning, values and interpretations. that has left indigenous women in many countries Without a doubt, women within communities disproportionately vulnerable to sexual abuse frequently find themselves on the wrong side of and exploitation. For minority communities, Nicole Girard ‘culture’ – for example, patriarchal prescriptions too, external threats to their identities and

State of the World’s Minorities Minority and indigenous women’s 39 and Indigenous Peoples 2016 right to culture physical well-being have often resulted in stricter women’s participation in their communities, resources is compromised, however, through Ethnic Padaung, from the Kayah state of community control of women’s freedoms, as well continues to reverberate to this day. More land grabbing, militarization, in‑migration and Burma, are a case in point. They fled to as a turn toward more ‘fundamentalist’ practices. indigenous women than men live in Canadian misplaced state conservation or development, as asylum-seekers in the 1980s where visitors can Both these issues will be explored below. urban areas, although activists point to a variety of women’s rights to their traditional knowledge now pay to enter their villages in Mae Hong Son causes – including, for instance, that indigenous are threatened. Maasai women in , province and see the women’s remarkable brass State assimilation women may also be moving to cities to escape for example, have been dispossessed from neck coils. Visits to the Padaung community are Despite the differences in how gender is abusive relationships. their lands by the government for purposes of run largely by outside tour groups, while Padaung understood within minority and indigenous Women play an important role in the tourism, cutting them off from pasture to graze women themselves have little control over the communities, women’s roles and responsibilities transmission of language. Mary Jane Norris their animals, as well as their ability to pass tours or their representation. Nevertheless, are frequently tied to their experience of has studied patterns of mother–child language on the practices tied to these resources. As the their contribution to the tourism industry is childbirth and child-rearing, as well as their transmission using statistics based on 1996 main holders of agricultural knowledge and the so significant that the Thai government has designation as culture-bearers and keepers of Canadian census figures. Norris summarizes spiritual traditions associated with sacred sites, actually prevented community members from traditional knowledge. Women, for example, her findings thus: ‘within linguistically mixed this material disenfranchisement also devalues being resettled abroad as refugees by the Office play a distinct role in language transmission as families, children are more likely to acquire a First their roles as teachers and, by extension, their of the UN High Commissioner for Refugees the primary caregivers during infancy, imparting Nations mother tongue and speak it at home status within the community. (UNHCR). Some have taken off their brass coils with it complex knowledge systems and identities. if it is the mother as opposed to the father who So too in south-central , ethnic in protest. In a Washington Post article from 2009, When language transmission is interrupted, has a mother tongue’.2 Although minority villages faced relocation as part of the author Amit R. Paley visited an unnamed village however, women’s crucial cultural role in this mother tongue language transmission is higher government’s efforts to ostensibly bring them of Padaung in northern Thailand where the chief process may also be compromised. for families that live on reserve, surrounded by closer to health and education services. Thereafter, was apparently insisting that women wear the The traumatic history of Canada’s indigenous their communities, more indigenous women they were relocated again to make way for Sepon coils, reportedly for ‘tradition’ but also to ensure population in this regard has been well live off reserve, so they are disadvantaged from and copper mines in the mid 2000s. Some the continued economic benefits of the village as documented. In 2015, the Canadian Truth and receiving this additional support. Furthermore, men and younger single women have benefited a tourist attraction. One woman was reluctant to Reconciliation Commission released its initial families that remain on reserve are those with two from wage labour, but older and married women wear the rings, explaining that ‘I am part of a new report exploring the impact of the residential parents, as many single end up leaving in particular have not secured such positions for generation, and I don’t like it’, but said that she school system on its indigenous peoples, which the reserve. For these families, maintaining their various reasons, including their lower education may soon be forced by the chief to do so. it declared amounted to ‘,’ indigenous language is a huge challenge. and limited majority language proficiency. Being Incidents such as this demonstrate that whereby ‘families are disrupted to prevent the forcibly relocated has removed them from the the right to culture must also include the transmission of cultural values and identity Land displacement territories that form the basis of their cultural right to refuse to engage in certain cultural from one generation to the next’. Children were ‘Indigenous women are the guardians of knowledge, practices, particularly their roles surrounding food practices – a decision that in itself should not be removed from their homes and communities, wisdom and experience in relation to environment. and non-timber forest product collection, leaving interpreted as a ‘rejection’ of their identity but a often forcibly, and forbidden from speaking We have an integral role in the transmission of this them without a cash income. determination to interpret their culture in their indigenous languages, severing a crucial link with knowledge, wisdom and experience to the younger own way. This goes back to the discussion at the their cultural identities and thus their ability generations.’ Commodification of gendered cultural beginning of this chapter about the intersection to speak their mother tongue. The pre-1985 The Manukan Declaration of the Indigenous practices and objects between feminism and culture. Far from being version of the Indian Act, in effect and arguably Women’s Biodiversity Network ‘I’ve heard it said many times that my people are like a dichotomy between one or the other, many by design, severed women’s connections with exhibits in a human zoo, but this makes me sad. We minority and indigenous women have found their communities. Indigenous women were In many indigenous communities, women are just doing our best to make a living.’ ways to retain their identity while challenging the not permitted to remain in their on-reserve are primarily responsible for retaining and Ma Nu, Palaung woman in Thailand constraints imposed by patriarchies within their communities if they married non-indigenous transmitting traditional knowledge, particularly own community or broader society. men, yet the Act allowed indigenous men the regarding management of forest resources and Tourism can be both a boon and a curse for right to bring non-indigenous women to live food production. For example, throughout minority and indigenous women, at times Intellectual property violations in the community. The effects of this were two the world, indigenous women retain extensive providing a sustainable income but frequently ‘It’s an art. It’s not folklore. It’s an art that our fold: in the words of author Sharon McIvor, knowledge on species, including medicinal at the expense of control over their cultural grandmothers have blessed us with; we’ve inherited it ‘Indian communities suffered cultural loss when plant selection, and serve as custodians of traditions, products and dress. The benefits from them and we have to preserve this heritage. We women were removed, and cultural dilution biodiversity. In India, for example, Khadia women typically depend on whether women themselves cannot lose it.’ when non‑Indian women were admitted.’1 This have multiple uses for the Mahua tree, as food, are in charge of producing, selling and marketing Miroslabia Dick, indigenous Kuna woman and provision was later removed in 1985 for its oil and also medicine. The tree also holds spiritual their items or at the mercy of powerful President of the GaluDugbis mola company discrimination against women, but its disruption importance for the women, who are its stewards middlemen. All too often, tourism marketing uses of women’s role as language transmitters, and keepers. representations of indigenous women’s bodies that Minority and indigenous women have developed primarily through removing many indigenous When access to their livelihoods, land or are objectified for commercial exploitation. specialized knowledge surrounding the creation of

40 Minority and indigenous women’s State of the World’s Minorities State of the World’s Minorities Minority and indigenous women’s 41 right to culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 right to culture Left: Kuna women sew molas in . united against the oppression and discrimination Rita Willaert. of a more powerful ethnic or political majority often entail restrictions on the rights of women.’ between issues of intellectual property rights and Hasidic , for example, are very concerned the economic needs of Kuna women. with maintaining women’s modesty within Similar problems in the field of music and arts the community. Smaller Hasidic sects such as have been experienced by Afro-Brazilian women, the Satmar are extremely self-contained and who continue to struggle to secure commercial form group cohesion through limited contact or popular success for their creative output, while with the wider society, as well as controls on white performers have been able to capitalize women’s movement and dress, requiring the on or appropriate these cultural productions use of head coverings and long, high-necked themselves. The modern case of Brazilian Axé dresses. In Williamsburg, Brooklyn, where music is illustrative. Originating in the majority Satmar Hasidic Jews are relatively densely Afro-descendant city of Salvador, in the state of concentrated, male members of the community, in north-eastern , its rhythms and including community leaders as well as apparently lyrics are decidedly African-influenced: Axé is unauthorized groups functioning as ‘modesty itself a greeting used in the Candomblé religious committees’, are reportedly policing the dress tradition, practised mainly by Afro-Brazilians. and behaviour of women. For a community However, although Afro-Brazilians pioneered that struggles to maintain strict social rules and this sound, it was white artists who took it to boundaries, particularly in the face of the wider the mainstream while black female stars of the American secular culture, seemingly uncontrolled genre have largely remained on the margins. This women’s bodies threaten morals within the reflects the continued discrimination of a music community, as well as the cohesiveness of the industry that is willing to exploit black cultural group’s boundaries. heritage but sidelines the Afro-Brazilian women But, as has been seen with the debate over the responsible for its production. wearing of the hijab in many western countries, banning modes of dress that are often associated weavings, handicrafts and other handmade items representatives, including indigenous women’s Minority and indigenous women with profound gender inequalities can also that they have been passing on throughout the groups, Law 20 was passed, bestowing intellectual asserting their cultural rights amount to infringement on women’s cultural generations. The reproduction and selling of such property rights to indigenous cultural production, ‘Women should not have to choose between different rights. Instead, creating space for women to have items has raised issues of women’s right to their including the mola, on the Kuna community. aspects of their identities in order to enjoy their the right to choose what they want to wear is a cultural products, vis-à-vis both the larger society Moreover, in 2002, the Kuna community human rights.’ more effective realization of their cultural rights and the men in their community. established the GaluDugbis trademark and logo Linda L. Veazey, in A Women’s Right to Culture: An than an outright ban – though this can prove Without proper legal protections that include a (depicting the sacred place from which mola Argument for Gendered Cultural Rights deeply challenging when these restrictive practices gender perspective, the intellectual property rights designs are believed to emanate), as a sign of are widely enforced by society at large or within of minority and indigenous women can easily be authenticity. The law fell short however, as it did Because of their special role in transmitting a particular group. Indeed, when minority and violated. In Panama, indigenous Kuna women not consider the specific rights of indigenous important cultural ideas and practices, women’s indigenous peoples’ rights activists seek from are known for their mola production, namely women to their own cultural production. A conduct and dress is often taken to reflect the within to change practices that restrict or violate handmade appliqué panels worn on traditional Kuna General Congress (KGC), composed of morals and standards of their community. While the rights of women, they can be accused of blouses with intricate geometric patterns that men, was in charge of representing the Kuna gender control and repression remain potent undermining their community’s cultural order are deeply tied to Kuna people’s history and in Law 20 disputes. When it was discovered issues in most majority societies, their dynamic and even face ostracization. This, for instance, identity. While being the main form of Kuna that Kuna women were teaching their craft to in many minority and indigenous communities is is the case for members of the Tamil Nadu artistic expression, the molas are also a key source non‑indigenous people and producing molas for distinct due to the pressures they face from society Muslim Women’s Jaamat (STEPS), a women’s of income. In the 1980s, however, commercial cheap sale in surrounding countries, the KGC at large – leading in some cases to community organization formed to protect the rights of imitation molas by non-indigenous makers began prohibited Kuna women from doing so, despite resistance to change, reinforcement of restrictive Muslim women in India both within and outside to appear, threatening the Kuna women’s right to the fact that they are its sole producers and were gender boundaries and tighter control of women’s their own community. Their work, including their art. In response, a law was passed in 1984 themselves making the choice to do so. Since then conduct. As the then Special Rapporteur on the creation of a mosque for women, has led to prohibiting the import of fake molas, but it did a General Congress of Kuna Women has been violence against women Radhika Coomaraswamy stigmatization, abuse and even death threats from not protect intellectual property rights. Fifteen created to more fairly address the issue of women’s explained in a 2002 report, ‘Cultural markers within the community. Such a hostile reaction is years later, after much by indigenous representation and hopefully strike a balance and cultural identity that allow a group to stand a common response to minority and indigenous

42 Minority and indigenous women’s State of the World’s Minorities State of the World’s Minorities Minority and indigenous women’s 43 right to culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 right to culture women claiming their right to participate in and Right: A Dalit woman attends a peaceful reform customs in their communities. gathering to raise awareness of land rights issues. ActionAid India. Culture for resistance Despite the very real dangers for those who her work does not set out to denigrate but to challenge narrow and patriarchal interpretations reinvigorate these issues of faith, belief and of a particular identity, faith or tradition, belonging. ‘To stop me working on symbols of minority and indigenous women throughout the would come back to stopping me from world are nevertheless taking steps to define their talking about myself,’ she says. ‘To not be able own sense of belonging – including the right to question the symbols of one’s own culture to question and reinterpret their community’s is to deny one’s own identity.’ Thus Zoulikha cultural practices and their relevance in their own has been able to use art to resist exclusivist lives. It is this spirit of exploration that drives the interpretations of her culture and religion, work of Zoulikha Bouabdellah, a renowned visual engaging creative expression to encourage artist whose work has been featured in galleries reform from within the community. throughout the world. Raised in Algeria until the outbreak of the civil war, she then settled Culture for economic in France with her family in 1993, at the age If their needs and rights to cultural knowledge of 16. Her art teases out questions surrounding are respected, indigenous and minority women’s the control and creation of meaning, especially productions such as crafts and weaving can help around identity, gender and religion. As she provide economic independence and support explains, ‘With regard to my Arab-Muslim origins the passing on of their traditions to the next and the fact of being a woman, I cannot dissociate generation. This, however, does not mean that my work from the question of feminism and culture is passed on unchanged: rather, it is free to cultural belonging.’ undergo creative evolution and adapt to changing Her use of Islamic symbols in her work has circumstances as women themselves see fit. This drawn both criticism and praise. In one particular process of transformation is quite distinct from become forgotten or extinct… So the idea was to Culture for traditional knowledge protection installation entitled ‘Silence’, displayed early assimilation or erosion. take traditional motifs … and use them on new and biodiversity in 2015 at Pavillon Vendôme in Clichy, she Bedouin women have traditionally practised items like a cushion cover or a bag.’ Minority and indigenous women have a clear role gathered 24 prayer rugs and then placed 24 pairs handmade beaded embroidery, but by the Today, FanSina employs 430 Bedouin women. to play in the protection of biodiversity. Some, for of women’s high-heeled shoes on them. Even 1990s it was dying out. Following an EU- According to Gabaly: instance, have an extensive understanding of seed though the work had been exhibited elsewhere funded project in 1996 to preserve the craft for use and storage, a form of traditional knowledge without any problems, the curators were informed posterity, Selema Gabaly, a Bedouin woman ‘Our main goal is to generate a source of income for that is passed between generations of women. of a warning from a federation of Muslim involved in the project, wanted to create the women living in the . Because of the Often this underpins their status in other areas citizens that the work might provoke violence, income opportunities for Bedouin Jabaliya environment and her occupation, she was denied of life: for instance, some indigenous women leading to Zoulikha and the curators removing women in the Sinai peninsula and restore their her basic rights, her education. The second goal is to have a sanctioned role in managing sacred sites the installation. ‘I am of Muslim heritage,’ the handicrafts as a living art. She founded FanSina, preserve our heritage and use it to benefit our lives. that is related to their position as seed keepers. artist said in response, ‘my intention is not to a handicraft business with a focus on training How can we keep up with these new times, how can When seed diversity is reduced, either through shock, nor provoke but rather to propose a and social empowerment that draws directly a Bedouin women get an education? Not only to the introduction of hybrids or against old that will lead to dialogue.’ Her work, on this Bedouin heritage, particularly that of learn how to make handicrafts, but to learn many seeds, their knowledge may be undermined. For she explained, aimed to navigate ‘the place of the Jabaliya , whose motifs are drawn from things in life.’ example, in the Tshidzivhe of the VhaVenda women on the threshold of two worlds – because local flowers and fauna rather than the more indigenous community in South Africa, female here the modernity of women is reconcilable widely used geometric shapes. ‘In the old days,’ Though the recent upheaval in Egypt has elders found their status diminishing as new with Islam, under the condition that the latter as described by Gabaly, ‘the Bedouin shepherdess disrupted FanSina’s market, the initiative shows modern seed types were being brought in is not perverted to become an instrument of would wander the mountains with a sack where how a community can use their cultural products to replace the traditional varieties. Through domination.’ she kept her food … She would see an almond to support women-led initiatives. ‘Traditional’ programmes to revive seed diversity, however, As Zoulikha later reflected, ‘Art is exceptional, tree, and she would embroider it on her bag practices may be adapted, in this case making they have been able to regain the respect of the as it appeals to one’s reason and to one’s according to her vision.’ The project provided designs appealing to a tourist market but which, community and continue their associated rituals. sensibilities. It does not have to be a tool of an opportunity to revitalize this tradition. ‘We crucially, are still controlled by the women who Dalit women in Medak district of Andhra manipulation or of propaganda.’ Importantly, were worried that over time these things would have the rights over the production. Pradesh, India, experienced something similar.

44 Minority and indigenous women’s State of the World’s Minorities State of the World’s Minorities Minority and indigenous women’s 45 right to culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 right to culture The ‘green ’ of the 1960s made outlook, that enable one to negotiate difficult ‘To enjoy equal cultural rights, women must become community without subscribing to narrow modern farming techniques – dependent on situations, and the absence of self-destructive equal participants and decision-makers in all the prescriptions of who they should be. Minority large machinery, fertilizers, pesticides and mono- behaviours such as substance abuse. For many cultural affairs of their own specific communities, and indigenous women have been using their culture hybrid varieties – available to those who indigenous and minority communities, cultural and in the wider “general” society…. In this sense, cultural rights to do just that, realizing the could access loans, mostly upper-caste men. At resilience includes engaging with the community cultural rights are empowering, for they provide potential of their knowledge and traditions to the time, Dalit women were unable to access and transmitting cultural practices throughout the individuals with control over the course of their lives, achieve economic prosperity and spiritual, mental such schemes – an injustice that later turned out generations. facilitating the enjoyment of other rights. A large and physical health for themselves and their to have positive benefits. Beginning in the early In Australia, suicide rates among indigenous part of the transformative aspect of cultural rights communities. 1990s, a local grassroots organization called the youth have reached epidemic levels and are is being able to overturn presumed female and male This process of adaptation, creative reinvention Deccan Development Society (DDS) became among the highest in the world, a phenomenon characteristics and capabilities.’ and renewal that women are undertaking in their aware that local plant varieties and associated reportedly not seen even a generation ago. negotiation with cultural practices and heritage knowledge were rapidly disappearing. DDS According to the Australian Department of So it is not simply that minority and indigenous underscores the essentially dynamic nature of therefore created local cooperatives comprising Health, for Aboriginal and Torres Strait Islander women’s cultural expressions must be protected; culture. While forces of change can be damaging mostly Dalit women to support sharing of local women and , the highest suicide rate was rather, it is their right to full ownership and or disruptive, they impel us to realize that change seed varieties. In this way, they were able to revive for ages 20–24, 21.8 deaths per 100,000, five autonomy over their cultural practices, to be is inevitable. Communities facing the rapid effects and disseminate Dalit women’s traditional seed times the non-indigenous female rate for that embraced or rejected, reformed or renegotiated, of urbanization and migration, not to mention knowledge, as well as local biodiversity, in dozens age group. This situation spurred indigenous resisting boundaries and embracing change, where technological advancements such as the internet, of villages, in the face of droughts and food elders into action. In a report entitled The they see fit. will inevitably be propelled to engage with new insecurity. Through loans and cultivation of small Elders’ Report, indigenous elders reflect on In the same report, Farida Shaheed went on cultural influences. But this then is the function plots, Dalit families began to support themselves the causes of indigenous youth suicide rates to outline three key components underpinning of cultural rights for minority and indigenous through high-producing traditional crops, instead and the available solutions. The Elders’ Report the realization of cultural rights, all of which women: to protect their right to maintain of working as day-labourers on the lands of made recommendations on culturally tailored have particular importance for minority and traditions while challenging their narrow upper-caste masters. Reviving women’s role as programmes, specifically those that bring the indigenous women: interpretation, to engage in dynamic processes of seed keepers, combined with their knowledge youth back to their ‘’. adaptation to challenge restrictive interpretations of diverse local crops, has not only helped these One such programme is the Yiriman Project, • Participation: the right of women to participate of their identity, to participate and indeed not to women improve their food security but also which has a specific component for girls and in or reject any or belief of participate, depending on their perspective. ■ strengthened their voices in their communities. young women to take trips to indigenous lands their choosing, the freedom to join or leave any with women elders to learn songs, dances and community, to create new communities on any Endnotes Culture for resilience stories based on one of four language groups, shared identities and reshape ideas of gender and 1 Quoted in Valaskakis, ‘When I talk about culture, I talk about the country. as well as to visit sacred women’s sites. Women cultural norms. G.G., Stout. M.D. and The country is alive. The river, the land, they’re all elders also teach weaving and plant identification. • Access: the right of women to know, understand Guimond, E. (eds), Restoring the Balance: an energy system. I think all of us, whether we are An Australian government report acknowledged and benefit from their cultural traditions as well First Nations Women, young or old, need to with nature and the the Yiriman Project’s success as it ‘builds young as those of other communities, to engage with Community, and Culture, Winnipeg, University of environment because it helps build our resilience. It’s people’s confidence and improves their self-worth, ideas and notions, both from within their societies Manitoba Press, 2009. also a healing mechanism – this relationship between and is considered to have helped curb suicide, and without. 2 Norris, M.J., ‘The role of First Nations women in land and people – we need to have this connectivity self-harm and substance abuse in the participating • Contribution: the right to contribute to language continuity and to country.’ communities’. For the young Aboriginal girls cultural life, including using one’s imagination transition’, in ibid. 3 Fleming, J. and Ledogar, Dr Anne Poelina, Aboriginal woman from and women who participate, the Yiriman Project and intellect to engage with and create artistic R., ‘Resilience, an evolving Western Australia prioritizes the importance of cultural engagement, expression and other creative works, as well as concept: a review of literature relevant to in the process building up an important social engaging critically in cultural values and norms. Aboriginal research’, Participation and engagement in cultural heritage and psychological resource to strengthen their Pimatisiwin: A Journal of can serve as a resource for emotional and physical resilience and sense of self-respect. Thus realizing women’s cultural rights is Aboriginal and Indigenous Community Health, vol. 6, health, bolstering the well-being of entire dependent on other civil and political rights, no. 2, 2008. communities. There is much research to support Conclusions and ways forward but also the reverse is true. Full and free this claim, particularly regarding indigenous Women from minority and indigenous cultural participation enables minority and peoples from Canada and Australia. ‘Cultural communities are asserting the equal realization indigenous women to engage with entrenched resilience’ is a term used to describe ‘the role that of their cultural rights and using them to benefit gender hierarchies, resist cultural essentialism culture may play as a resource for resilience in the themselves and their communities. As the then (particularly regarding harmful practices justified individual’,3 that is, the presence of personality Special Rapporteur in the field of cultural rights, as ‘tradition’) and sustain multiple identities characteristics, such as empathy and positive Farida Shaheed, says in a report from 2012: that allow them to be active members of their

46 Minority and indigenous women’s State of the World’s Minorities State of the World’s Minorities Minority and indigenous women’s 47 right to culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 right to culture ‘Indigenous peoples have lived in harmony with the indigenous population, estimated at around the Earth for millennia. They have a great deal 370 million, comprises 5 per cent of the world’s to contribute to a harmonious relationship with population but 15 per cent of its poorest people. Mother Earth. Harmony and equity with the Climate change, and economic Earth appear to be unknown concepts in dominant globalization have also left a legacy of other societies. It is something that they must learn and issues, such as environmental damage, land loss come to terms with.’ and lack of access to basic services, that have Alberto Saldamando, Indian Environmental not only resulted in ill health and lower life Network, Paris, 2015 expectancy but also devastated their complex cultural systems. By 2115, it is estimated that Introduction between 50 and 90 per cent of the world’s oday, the threats posed by climate 7,000 mostly indigenous languages will have change, food insecurity and shrinking died out. Many encode unique traditions and T biodiversity are more urgent than ever, environmental knowledge that may disappear but adequate solutions have been slow to come. with them. The loss of these languages is But while attention has focused on technologies evidence of a constellation of inter-connected and the need to invest in the development processes of killing and destruction inflicted of infrastructure such as renewable energy on indigenous communities for centuries: systems, these are only part of the picture. More genocidal violence (killing of peoples), linguicide fundamentally, the emerging environmental (death of languages), epistemicide (destruction crisis has also raised difficult questions about of knowledge systems), cultural genocide Lessons from the growing estrangement of many societies (destruction of cultures) and ecocide (destruction from nature and the reckless exploitation of the of eco-systems). planet for development or resource extraction. If Despite this repression, indigenous and this situation continues, then there is a very real traditional knowledge remains vital to a large indigenous threat of environmental collapse in the decades proportion of the world’s population, even if it to come. receives little attention in the mainstream. Eighty However, sound environmental stewardship per cent of the world’s biological diversity is is not something that needs to be learned from found in the 22 per cent of global land area still knowledge and scratch. Indeed, for generations this knowledge stewarded by indigenous peoples, with modes has governed the lives of countless indigenous of subsistence, consumption and care for nature peoples across the world. While these practices based on their traditional bodies of knowledge. are often seriously threatened, along with the Furthermore, traditional livelihoods produce culture: learning communities themselves, they have much to 10 per cent of the world’s and most of the teach us about how environmental equilibrium fish that people consume. Small-scale farming can be restored. By recognizing indigenous based on agro-ecological methods informed traditional knowledge holders and their rights to by traditional knowledge provides 70 per cent self-determination, as well as mainstreaming their of the world’s food needs. Yet despite the clear to live in harmony wisdom, a new bio-cultural could be contribution of indigenous peoples to food developed to guide others on how to live within security, biodiversity and other issues, there are the Earth’s ecological limits. many serious obstacles to their ability to secure Paradoxically, indigenous and traditional their rights. with nature in an communities – the very groups which have contributed least to the imminent threats of Learning from indigenous wisdom catastrophic anthropogenic climate change To learn lessons from indigenous peoples and biodiversity collapse, and whose practices requires recognizing that traditional knowledge age of ecocide are actually based on a sustainable bio-cultural systems, languages, cultures, connections with paradigm – constitute most of those who are nature and self-determination are intrinsic at greatest risk. This is in part due to existing elements of indigenous bio-cultural . Paul Havemann social and economic marginalization: globally Disaggregating these, and selecting pieces of

State of the World’s Minorities Lessons from indigenous 49 and Indigenous Peoples 2016 knowledge and culture knowledge as raw data and techniques without Right: Maasai traditional knowledge helps understanding and respecting the wider context sustain farming in Kenya. Stephanie C. that created them, is merely to learn ‘the words but not the music’. Unfortunately, the use of sustainable use of local biodiversity to ensure food traditional knowledge and know-how without security. These are key elements of the paradigm prior informed consent and benefit sharing is shift required to get humanity off its current a frequent occurrence that breaches the rights ecocidal trajectory. Evidence of this trajectory of indigenous peoples. To date, most states, can be found in the inter-connected phenomena multinational corporations, intergovernmental of extreme weather, human conflict, organizations and some non-governmental and mass migration, arising at least in part from organizations (NGOs) have barely begun to learn catastrophic food insecurity and water scarcity. the words, let alone the music. Commentators have variously used the terms An ecological rift? Forgetting ‘traditional knowledge’, ‘traditional environmental traditional knowledges knowledge’1 or ‘indigenous knowledge’. The What has been described as the ‘ecological Climate and Traditional Knowledges Workgroup, rift’3 between human beings and nature, now comprising indigenous people, staff of indigenous reaching ecocidal dimensions, has arisen from governments, academics and other experts, fossil fuel‑charged modes of production and prefers the term ‘traditional knowledges’: consumption that have ignored the Earth’s ecological limits. The result is bio-cultural ‘The term “traditional knowledges” is generic disequilibrium. and represents multiple dimensions of dynamic The epoch of the Earth’s evolution, when knowledge systems and lifeways of diverse indigenous global equilibrium was sustained, has been peoples. Traditional knowledges broadly refer to labelled the Holocene. Traditional knowledges indigenous communities’ ways of knowing that both evolve from accumulated observations of guide and result from their community members’ the biophysical environment and natural Consequently, at the 2015 Paris Climate Change Genocide and epistemicide close relationships with and responsibilities to the resources made by indigenous peoples and local Conference (also known as COP21 or the UN Indigenous peoples are principally place- landscapes, waterscapes, and animals that communities – over millennia in some cases. Framework Convention on Climate Change based peoples whose governance paradigm is are vital to the flourishing of indigenous cultures. But scientists are now debating the markers for [UNFCCC] 21st Conference of Parties), bio‑cultural, meaning they aim to live within the Indigenous peoples’ traditional ways of knowing and a new epoch: the Anthropocene, dominated indigenous peoples called for global temperature ecological boundaries of their territories through living have been refined over thousands of years of not by natural forces but by profound and rise to be kept at or below 1.5°C, and not reciprocity and exchange. Since the fifteenth experiences and relationships with living beings negative impacts of humans on Earth’s fragile the 2°C that has generally been discussed by century this has placed indigenous peoples and places.2 inter‑connected systems – especially climate governments, in order to mitigate catastrophic continuously on a collision course with the variability and the current collapse of biodiversity climate change and related biodiversity collapse. Euro‑American paradigm of continued growth. The group asserts, first, that the term ‘traditional dubbed the ‘sixth extinction’.4 There is compelling evidence that signs of Territorial and resource accumulation has knowledges’ captures the dynamism, plurality Proponents of the argument for the epochal the Anthropocene can be traced to the early been a constant feature of capitalism in its and nuanced character of traditional knowledges, shift into the Anthropocene cite as their evidence seventeenth century and the European invasion many guises – from overtly violent conquests by embedded as they are in living indigenous a constellation of unprecedented geophysical of the Americas. This led to the deaths of 50 imperial and colonial powers to the more opaque governance systems. Furthermore, the concept of phenomena, warning that humanity is million indigenous people, the unprecedented economic violence of neoliberal globalization. traditional knowledges challenges the abstraction increasingly jeopardizing the stable functionality inter-continental exchange of flora and Accumulation by dispossession is needed for of such knowledges from their cultural contexts of Earth systems that provide planetary stability fauna between Europe and the Americas, the ever‑more access to cheap land, labour and capital and the reduction of traditional knowledges to for all life.5 The most cited of these phenomena importation of food from the Americas and as well as knowledge. Crucially, the beneficiaries an isolated resource or commodity for potential is the concentration of carbon dioxide (CO2) diseases from Europe, as well as the emergence of this paradigm – local elites, governments, appropriation by others for profit. in the Earth’s atmosphere. While this gas was of the coal-based industrial and agricultural international corporations – have effectively been Traditional knowledges-based approaches to measured at 300 ppm (parts per million) during .6 Today, the Anthropocene culture subsidized by passing on the ecological costs of agriculture, forest and land stewardship and the Holocene, levels have now reached 400 of appropriation and consumption, besides its this growth elsewhere. As a result, while capitalist agro-ecology as well as sustainable fisheries are ppm. This threatens to raise global temperatures continued destabilization of the environment, actors enjoy the most profit for the least effort premised on a worldview that is reflected in significantly and, in the process, endanger still marginalizes indigenous communities and and investment, the true cost of their destructive governance practices that privilege production much of the world’s biodiversity, as well as devastates their traditions. actions is felt by indigenous peoples and their for use, minimal waste, modest water use and cause significant harm to human populations. distinctive cultures.

50 Lessons from indigenous State of the World’s Minorities State of the World’s Minorities Lessons from indigenous 51 knowledge and culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 knowledge and culture During the fifteenth and sixteenth centuries, be owned, but most of the products of western is being exploited by modern multinationals. Oca 2 outside the 2012 Rio+20 Sustainable four genocides and inter-connected epistemicides scientific knowledge are susceptible to being Profits from traditional knowledges thus Development summit, critiquing the goals of / linguicides7 took place that still reverberate commodified – owned and traded by inventors represent a ‘subsidy’ by indigenous peoples to the so-called ‘Green Economy’ proposed at that and are reproduced in power relations that or corporations – as private intellectual property these corporations. Furthermore, the intellectual conference by the UNDP. perpetuate the elimination of the ‘Other’. The rights. property rights regime treats culture and In addition, indigenous lawyer Mick beneficiaries have been capitalist institutions of By contrast, traditional knowledges flow knowledge and nature as commodities or as Dodson has researched and reported to the the global north and the European knowledge from a holistic view in which human and commodifiable. UN Permanent Forum on Indigenous Issues, system. By the seventeenth century this eco‑systems are one. Traditional knowledges have For instance, climate mitigation measures identifying a host of international human knowledge system, based on a rationalist co-evolved from fine-grained observation and translate ‘nature’ into ‘eco-system services’ and rights, biodiversity and trade instruments that paradigm often characterized as western scientific local experience. They are communicated orally, the mechanism of ‘payment for eco-system theoretically recognize the right of indigenous knowledge, had become central to the globally often through gender-specific communication, services’ (PES) is increasingly used to incentivize peoples to protect and enjoy their traditional hegemonic capitalist economic growth model. in the form of stories, rituals and traditional mitigation and adaptation behaviour. The knowledges and culture or other relevant human Consequently, most other forms of knowledge, practices. Traditional knowledges are learned by reduction of the emission of greenhouse gases rights.8 denied recognition, became increasingly invisible observation, listening, doing and experience, and like carbon dioxide into the atmosphere is Yet despite this growing recognition, states and applied only in local contexts. Even in the are normally shared inter-generationally within addressed by carbon trading. A controversial PES and international bodies still seem reluctant to twenty-first century, and all over the world, particular kin groups as they are encoded in scheme paying states for avoided implement these rights in practice – as reflected indigenous peoples are routinely murdered for local languages. No one owns this knowledge. is the United Nations (UN) REDD+ scheme in the continued loss of traditional knowledges defending their lands, languages, knowledges Hence traditional knowledges and the cultural (reduce emissions from deforestation and forest to corporate patents, for example. Indeed, much and cultures. property of indigenous peoples are not congruent degradation). This scheme has pitted many national and international legislation still appears with the global intellectual property rights indigenous forest peoples against states, the to support the appropriation of traditional Knowledge systems in collision regime of the capitalist growth paradigm, World Bank, international organizations like the knowledges. A comparison between western scientific reflected in the World Intellectual Property UN Development Programme (UNDP), and knowledge and traditional knowledges illustrates Organization (WIPO) and the World Trade NGOs as it has been used by outside agencies Climate change: traditional knowledges and how different they are. Western knowledge Organization (WTO). As a result, the intellectual to usurp indigenous use and stewardship of the UNFCCC systems privilege the quantitative and are learned property rights regime has afforded them little their forest territories without adequate respect The climate crisis has led to a rediscovery of in formal educational settings where knowledge is protection. The misappropriation of traditional for their rights to forest tenure, prior informed the importance of traditional knowledges by divided into a multitude of scientific specialisms. knowledges‑based genetic resources and know- consent and other safeguards. Even when scientists on the Intergovernmental Panel on Humans are separate from eco-systems. As how without indigenous peoples’ prior informed addressing environmental management and Climate Change (IPCC). The Fourth Assessment western scientific knowledge is positivist and consent or benefit sharing is well documented. protection, then, indigenous communities all too Report (AR4) noted that indigenous knowledge results from an empirical methodology claiming Table 1 gives a glimpse of products derived from often find their knowledge excluded. is ‘an invaluable basis for developing adaptation to generate objective and replicable scientific biodiversity‑rich eco-systems for which local and natural resource management strategies truths, it is therefore asserted to be of universal peoples have seen little direct benefit. Learned ignorance: international law in response to environmental and other forms application and is communicated through The spoils of bio-piracy come from a reservoir In spite of the collision of knowledge systems, of change’.9 The Fifth Assessment Report peer‑reviewed publication. Discoveries cannot of traditional knowledges and know-how that ‘traditional knowledge’ is referenced with (AR5) in 2014 went further and critiqued the varying degrees of specificity in a of neglect of traditional knowledges as impairing Table 1: Products derived from biodiversity-rich ecosystems international law and an even more eclectic array the effectiveness of adaptation measures.10 In of state law provisions for the recognition of 2014 the UNFCCC’s own Subsidiary Body for Pharmacy Industry Agriculture and food traditional knowledges and customary law, most Scientific and Technological Advice (SBSTA) and of which are ‘honoured’ in the breach by states. the IPCC’s AR5 expressed an ambitious vision Anti-cancer drugs: the vinca ‘Wild’ relatives of plantation ‘Wild’ relatives of crops for Indigenous peoples have at least since 1992 for mainstreaming traditional knowledges: for alkaloids and other species for ‘improvement’/ protection (outside the Rio ) attempted to example, to enable the recognition, participation Tranquillizers and heart drugs: ‘improvement’/ protection Beverages, , natural assert their rights and articulate their bio‑cultural and engagement of local communities and reserpine Exudates: latexes, waxes, resins, sweeteners: , , cocoa, worldview. For instance, they staked out holders of local, indigenous and traditional Birth control: Dioscorea tannins, dyes, insecticides sugar cane, thaumatin shared positions in the Kari‑Oca Declaration knowledges at different levels of climate (source of many steroidal (neem, pyrethrins, rotenone) and the Indigenous Peoples in adaptation plan design and implementation. drugs) Fibres and canes: rattan, Roots and tubers: , yam 1992; the Mataatua Declaration on Cultural However, the UNFCCC process made no Anaesthetic and surgical aids: bamboos, jute, sisal, kapok and Intellectual Property Rights of Indigenous mention of indigenous peoples or traditional , teterodoxin Edible and industrial oils Peoples in 1993; and the Cochabamba Protocol knowledges until 2015 when, for the first time, in 2010. Recently, indigenous peoples followed the Paris Agreement made five explicit references up the 1992 declaration with Declaration Kari- to indigenous peoples, indigenous knowledge

52 Lessons from indigenous State of the World’s Minorities State of the World’s Minorities Lessons from indigenous 53 knowledge and culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 knowledge and culture and traditional knowledge. Notably, Article knowledges and western scientific knowledge are agreement has been achieved, but text-based (34 per cent) mention this type of tenure in 7(5), in spite of the repeated proviso as to leading to the use of indigenous and traditional negotiations are set to continue until 2017. passing and 26 (55 per cent) did not reference appropriateness, states: community-based approaches to reduce the indigenous or community land tenure and massive volume of greenhouse gases produced Learning from traditional knowledges management at all. This suggests that indigenous Parties acknowledge that adaptation action by biomass burning, notably in the savanna and The principal lesson that can be learned from peoples’ self-determination enabled by the formal should follow a country-driven, gender-responsive, grasslands worldwide. Indigenous traditional traditional knowledges is the need to rediscover a titling of indigenous lands remains a low priority participatory and fully transparent approach, taking knowledge-based methods, known as the waru- bio-cultural paradigm for living within the Earth’s for most states.12 into consideration vulnerable groups, communities waru system and comprising raised beds and ecological limits. Bundles of raw data about Neither the UN’s own scheme to incentivize and ecosystems, and should be based on and guided water channels, and modern agro‑ecology have specific pieces of knowledge and techniques states to reduce deforestation and forest by the best available and, as appropriate, for some years been restoring crop fertility to will not teach much on their own, and the degradation – the REDD+ scheme – nor the traditional knowledge, knowledge of indigenous Andean mountainside farming at low cost. appropriation of such elements of traditional World Bank’s Forest Carbon Partnership Facility peoples and local knowledge systems, with a view to Traditional knowledges, rather than being knowledges but without authentic partnership (FCPF) explicitly promotes increased indigenous integrating adaptation into relevant socioeconomic an alternative or in opposition, can in fact with indigenous peoples, their prior informed and traditional peoples’ forest and land tenure. and environmental policies and actions, where complement broader-scale western scientific consent or benefit sharing will amount to The FCPF enables developing countries to appropriate. knowledge-based research. In sum, indigenous bio‑piracy. sell carbon emissions reductions like REDD+. and traditional practices, as well as their coping Perversely this scheme has created new forest Yet these references depict indigenous people as strategies for adaptation, are a crucial foundation Forest stewardship carbon property rights that states would like vulnerable victims rather than partners, and their for learning by the rest of humankind. Whether Much of the Earth’s biodiversity is located in to own and control, rather than empowering traditional knowledges as a supplementary rescue the UNFCCC and most state parties will afford those forests still controlled by indigenous forest peoples to sustain their stewardship technique rather than fundamental to humanity’s these greater recognition is an open question. peoples and managed according to traditional by recognizing their existing customary and capacity to combat climate change. Moreover, knowledges. These forests represent pharmacies statutory tenure rights. explicit reference to the ‘rights of indigenous Biodiversity collapse: traditional and habitats for plants and animals, and regulate peoples’ was relegated to the aspirational knowledges, the Convention on the climate. Indigenous peoples are key to Soil and biodiversity stewardship preambular paragraphs. Biological Diversity and the WIPO reducing deforestation and forest degradation, and the related food system The fight over wording in Paris reflects the The 1992 UN Convention on Biological which is possibly causing as much as 20 per contribute up to 50 per cent of greenhouse gas continuing denial of indigenous peoples’ status Diversity (CBD) remains the key international cent of CO2 emissions each year. While tropical emissions if change in land use and deforestation, and knowledge. While stronger recognition of convention addressing the protection of forests absorb as much as 1 billion tons of carbon as well as transportation, storage and food indigenous peoples’ rights and the importance traditional knowledges, despite its muted and each year, this resource is steadily diminishing; waste, are all taken into account. Indigenous of their bio-cultural wisdom was supported by, permissive language in Article 8 (j): since the beginning of the twenty-first century, and traditional peoples, on the other hand, for example, , , Guatemala, 600,000 square kilometres of tropical forests have who cultivate between 10 and 15 per cent , and , such references were ‘Each contracting Party shall, as far as possible and already been cleared.11 In this context, indigenous of land under cultivation, apply traditional removed or diluted by action led by Australia, as appropriate: models of forest and land stewardship offer knowledge‑based methods including no-till the European Union, and the US. It was Subject to national legislation, respect, preserve essential lessons for effective forest stewardship. farming, retention of crop residues and the even suggested that their opposition arose because and maintain knowledge, innovations and practices However, to support this, greater respect and cultivation of cover crops to increase carbon they feared litigation by indigenous peoples that of indigenous and local communities embodying attention to the issue of indigenous peoples’ density in the soil. and these states might lose should their mitigation traditional lifestyles relevant for the conservation land tenure is needed – an area afforded far too biodiversity preservation is achieved through measures fail to meet agreed standards. The and sustainable use of biological diversity and little attention by many states. The Rights and rotation of crops and land uses. Indeed, surviving references in the Paris Agreement are at promote their wider application with the approval Resources Initiative (RRI) analysed the extent this method of cultivation is crucial for the least a modest rhetorical breakthrough, although and involvement of the holders of such knowledge, to which indigenous and local community‑held conservation of crop genetic resources and allows they fall far short of a wholehearted endorsement innovations and practices and encourage the tenure of forests and land is recognized in the 64 for trees of diverse ages and species. of the importance of traditional knowledges and equitable sharing of the benefits arising from the states that claim sovereignty over 82 per cent of Further, it is estimated that 30 per cent of soil the key role indigenous peoples have to play utilization of such knowledge innovations global land area, including forests, grasslands and carbon is managed by 200 million pastoralists. in mitigating climate change and protecting and practices.’ agricultural lands. The results are discouraging. Nomadic or semi-nomadic is based biodiversity. Indeed, the holders of traditional RRI found that only 47 of the 64 states on traditional knowledges about the sustainable knowledges are expert observers and interpreters Protracted attempts have been made by the submitted Global Baseline Reports for the 2015 use of dryland and grassland eco-systems. These of natural phenomena who bring fine-scale WIPO Intergovernmental Committee on Paris Climate Change Conference outlining their agro-ecological methods increase depleted soil assessments of climate change impacts, such Intellectual Property, Genetic Resources, ‘intended nationally determined contributions’ carbon reserves, produce far less greenhouse gases as biodiversity changes, loss of ice cover in the Traditional Knowledge and Folklore (IGC) since (INDC) to greenhouse gas emissions. Of these, than industrial agriculture, and are not dependent Arctic and desertification in sub-Saharan Africa. 2000 to devise a way of expressing Article 8(j) only 5 (11 per cent) covered indigenous and on costly inputs of fossil fuels. Traditional Importantly, synergies between traditional in intellectual property law terms. To date no community land tenure substantively, while 16 knowledges are also a key source of knowledge

54 Lessons from indigenous State of the World’s Minorities State of the World’s Minorities Lessons from indigenous 55 knowledge and culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 knowledge and culture Left: woman in Chile. Most land deals are for large-scale, intensive Alessandro Caproni. production dependent on pesticides and other environmentally damaging substances. (floating gardens) and the Inca waru-waru water Alongside the land grabbing there has been distribution system – are still in use in parts of a global assault on the rights to access seed. Bolivia, Mexico and Peru. Traditional knowledges Local seeds and locally devised cultivars are an also inform the complex systems that sustain intrinsic feature of the adaptability and resilience Saami reindeer in the Arctic, Maasai cattle in of traditional knowledge-driven agro‑ecological Kenya, yaks in Tibet and many other pastoralist farmers worldwide. Yet corporations like herds worldwide, as well as the underground Syngenta, Bayer, Du Pont Pioneer, Dow and systems () of Central Asia and oasis-based Monsanto – which together control 75 per cent cultivation in arid regions of North Africa and of the plant-breeding sector – wish to further the .13 expand their control over the market in seeds. This control has been institutionalized by The destruction of indigenous food requiring state membership in the International systems and land grabbing Union for the Protection of New Varieties of However, instead of learning lessons from the Plants (UPOV), and is buttressed by an array GIAHS, land grabbing is continuing to take place of so-called free trade agreements, such as the on a massive scale, distorting and putting major WTO’s Trade Related Intellectual Property obstacles in the way of local agro-ecological food Agreement. systems. Multinational corporations providing food to consumers in the global north demand Buen Vivir: away from a fossilized year-round supplies of luxury such as and ecocidal paradigm? asparagus, grown on irrigated land and depleting The former UN Special Rapporteur on the local water supplies needed by subsistence farmers , Olivier de Schutter, has identified for the adaptive stewardship of plants for food the value of smallholdings within locally based in Peru. The of food systems agro‑ecology as a solution to the crises of food and medicine, animals and eco-systems. agro‑ecology systems that link cultural diversity – displacing local foods and replacing these security and climate change.15 The call for a A positive outcome of the 2002 Sustainable and biodiversity conservation to achieve with dependency on imported, expensive, less paradigm shift away from industrial agriculture Development Summit was a scheme to learn adaptability and resilience. nutritious substitutes with high levels of fat and and food systems towards small agro-ecological lessons from traditional knowledges about Key lessons include recognizing the critical role sugar – has had disastrous consequences. Among farms now comes from UN bodies such as the agro-ecology. The UN Food and Agriculture of empowered indigenous women. Indigenous Pacific Island peoples and Inuit in Canada, for FAO, UN Environment Programme (UNEP) Organization (FAO) identified globally important women are commonly custodians of traditional example, the incidence of and obesity and UN Conference on Trade and Development agricultural heritage systems (GIAHS). The knowledges, and their particular understandings has soared as a result. (UNCTAD).16 Similar calls for more agro- criteria for recognizing these, as defined by FAO of the cultivation of traditional crops and of Many states view land as a commodity vested ecological approaches have also been made by in 2002, are that they represent ‘land use systems biodiversity are often vital to sustaining the in the state, thereby justifying the usurpation many others, including the Oxford Real Farming and landscapes, rich in globally significant bio‑cultural paradigm. In Chile, Mapuche or denial of the customary tenure rights of Conference in 2016 and many scientists.17 biological diversity, evolving from co-adaptation women are sharing their agro-ecological indigenous and traditional peoples, with a Traditional knowledges lie at the centre of a community with its environment, and traditional knowledges with other urban women corresponding loss of traditional knowledges and of agro-ecology, and agro-ecology forms the its needs and aspirations for sustainable to help them overcome poor food production bio-cultural diversity. The International Land foundation for sustainability within the ecological development.’ and . Coalition’s Land Matrix Project, covering the limits of the Earth. Traditional knowledges are GIAHS are microcosms of the bio-cultural What is also striking is the variety of period 2000–12, estimates that deals have been not just a bundle of techniques for complex paradigm in action that have provided peoples all forms of GIAHS and their adaptability to made for over 203 million hectares. Logically, small-scale biodiverse farming, but the lynchpin over the Earth, living in a variety of challenging local environments. This includes terraced the most fertile irrigable land near infrastructure of the bio-cultural paradigm, with vital lessons landscapes and environments, with food security mountainside cultivation using complex has been targeted for sale, necessitating that need to be rediscovered and scaled up. based on traditional small-scale agriculture and agro‑eco‑systems, such as terraces with the dispossession of the local smallholders, Together these can inform a new agro-ecological traditional knowledges. Scale too is critical. agroforestry for growing vanilla and the rice-fish indigenous and other traditional knowledge- paradigm with systems for producing and Covering around 5 million hectares of land systems found in large areas of East and Southeast based farmers.14 Of the land thus grabbed, 78 consuming food that are adapted to particular worldwide and supporting many millions of small Asia. In the Americas, Mesoamerican water- per cent has been for agriculture, three-quarters eco-systems, avoid synthetic modification of farmers engaged in traditional knowledges-based management systems originally developed many of which has been devoted to mono-crop nutrient flows and are sustained by knowledge agro-ecological livelihoods, GIAHS highlight centuries ago – for example, Aztec chinampas plantations of biofuel crops such as . sharing, active participation and inclusion. At

56 Lessons from indigenous State of the World’s Minorities State of the World’s Minorities Lessons from indigenous 57 knowledge and culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 knowledge and culture Left: universities: epistemic DC, Rights and Resources, Pachamama (or Earth Mother) in racism/ and the four 26 October 2015. . Carolyn Stephens. genocides/epistemicides 13 Koohafkan, P., ‘A case of the long 16th century’, of agricultural heritage Human Architecture: Journal systems’, retrieved 13 April and inter-connected relationship among of the of Self- 2016, http://www.fao. human beings, other species and the natural Knowledge, vol. 11, no. 1, org/docrep/015/ap027e/ Article 8, September 2013. ap027e.pdf. environment. It also involves community-based, 8 See Dodson, M., Report 14 Anseeuw, W., Alden Wily, inclusive and collective approaches to land use on Indigenous Traditional L., Cotula, L. and Taylor, Knowledge, UN Permanent M., Land Rights and the and care, forest stewardship and seed nurturing. Forum on Indigenous Rush for Land: Findings Above all, the paradigm recognizes that nature Issues, Sixth Session, of the Global Commercial 14–25 May 2007, UN doc. Pressures on Land Research or Mother Earth (Pachamama) is the basis of E/C.19/2007/1 (2007). Project, Rome, ILC, 2012. existence for human beings and all other living The instruments include: 15 De Schutter, O., ‘Agro- the Universal Declaration ecology: a solution to the things. Buen Vivir principles and the Rights of of Human Rights; crises in food systems and Mother Earth are enshrined in the Constitutions International Covenant on climate change’, in Trade Civil and Political Rights; & Environment Review of Ecuador and Bolivia, and represent aspirational International Covenant 2013: Wake Up Before it’s work in progress. Whether other countries, still on Economic, Social and Too Late, Make Agriculture in thrall to the destructive model of capitalist Civil Rights; 1971 Ramsar Truly Sustainable Now for Convention on Wetland Food Security in a Changing development, will be willing to learn from the Conservation, 1972 Climate, Rome, UNCTAD, wealth of indigenous knowledge remains to be UNESCO World Heritage 2013; De Schutter, O., Convention, Convention Report to the UN Human seen. ■ on Biological Diversity Rights Council on the (CBD) 1992, to which Right to Food, UN doc. A/ must be added the 2010 HRC/16/49, 20 December Nagoya Protocol to the 2010. Endnotes CBD; International Treaty 16 De Schutter, 2013, op. cit. on Plant Genetic Resources 17 Ehrlich, P. and Harte, 1 ‘Traditional environmental Steffen, W., Richardson, for Food and Agriculture; J., ‘Opinion: To feed knowledge’ has been K., Rockström, J., International Labour the world in 2050 will defined as ‘a cumulative Cornell, S.E., Ingo Organization Convention require a global revolution’, body of knowledge, practice Fetzer, I., Bennett, No. 169; UN Convention PNAS, vol. 12, no. 48, and belief, evolving by E.M. et al., ‘Planetary to Combat Desertification 1 Dec. 2015, 1473–7; adaptive processes and boundaries: guiding human 1995; Authoritative Montgomery, D.R. and handed down through development on a changing Statement of Principles Bikle, A., The Hidden Half cultural transmission, about planet’, Science, vol. 347, for a Global Consensus of Nature: The Microbial the relationship of living no. 6223, February 2015. on the Management, Roots of Life and Health, beings (including humans) 6 Lewis, S. and Maslin, Conservation and New York, Norton, 2016; with one another and their M., ‘Defining the Sustainable Development of Lin, B. et al., ‘Effects of environment’, in Berkes, F., Anthropocene’, Nature, all Types of Forests (1992); industrial agriculture on Coding, J. and Folke, C., vol. 519, 12 March 2015, ; World Health climate change and the ‘Rediscovery of traditional 171–80. Organization’s Traditional mitigation potential of ecological knowledge as 7 De-colonization expert Medicine Strategy 2002– small-scale agro-ecological adaptive management’, Ramón Grosfoguel 2005; Rio Declaration farms’, CAB Reviews: Ecological Adaptations, vol. identifies these as: against on Environment and Perspectives in Agriculture, 10, no. 5, 2000, 1251–6. and Jews in the Development 1992; UN Veterinary Science, Nutrition 2 The Climate and conquest of Al Andalus Declaration on the Rights and Natural Resources, vol. the heart of this approach, however, is a respect market fundamentalism, imposed on most people Traditional Knowledges in Spain in the name of Indigenous Peoples 6, no. 20, 2011, 1–18. for the rights of others – in particular, those of since the 1970s. The so-called ‘market failures’ of Workgroup, ‘The ethics of ‘purity of the blood’; 2007. of traditional knowledge against indigenous peoples 9 IPCC, Assessment Report indigenous peoples to their lands and cultural climate change and biodiversity collapse arising exchange in climate change in the Americas and Asia; (AR4) 2007. traditions. from the commodification of nature are among initiatives’, published online against African peoples as 10 IPCC, Assessment Report Practising traditional knowledges necessitates the most pertinent flaws of that model. in Earthzine.org, July 2015. a consequence of the slave (AR5) 2014. 3 Foster, J.B., Clark, B. and trade and enslavement 11 Coe, M.T., Baccini , A., the internalization of a belief system that gains Buen Vivir contrasts ‘the good life’ with York, R., The Ecological in the Americas; and Brando, P., Lefebre, P., expression through all levels of governance and materialism, and involves the de-colonization Rift: Capitalism’s War on the against women in Macedo, M., Moutinho, Earth, New York, Monthly order to consolidate P. et al., ‘Tropical forests: social engagement. Two substantially indigenous of the mind from anthropocentrism and Review Press, 2010. a Christian‑centric conserving climate and Andean , Bolivia and Ecuador, consumerism. The paradigm assumes that 4 Kolbert, E., The Sixth and aristocracy culture’, Policy Brief, Extinction, New York, that branded thousands Falmouth, MA, Woods have articulated a new paradigm reflecting biological diversity begets cultural diversity and Henry Holt & Co., 2014. of women in Europe as Hole Research Center, traditional knowledges – Buen Vivir /Vivir Buen vice versa, and that bio-cultural diversity benefits 5 Zalasiewicz, J.A. and witches because they were November 2015. Williams, M., ‘Dawn of the holders of knowledge about 12 Coyle, I., Community (‘good life’) – as an overarching constitutional everything – and therefore stresses pluri-national Anthropocene: five ways astrology, medicine, biology Based Tenure and Efforts to ethic. This is an alternative to the neoliberal and inter-cultural cooperation. It also demands we know humans have and agriculture and also Mitigate Greenhouse Gas triggered a new geological land holders. Grosfoguel, Emissions from Forestry Washington Consensus development model, living well with the world around you, stressing epoch’, The Conversation, 7 R., ‘The structure of and Agriculture: A Global based on fossil-fuelled growth and globalized the centrality of a respectful, interdependent January 2016; knowledge in Westernized Perspective, Washington,

58 Lessons from indigenous State of the World’s Minorities State of the World’s Minorities Lessons from indigenous 59 knowledge and culture and Indigenous Peoples 2016 and Indigenous Peoples 2016 knowledge and culture Introduction an important contribution to this debate in ultural rights are often called the acknowledging a detailed and broad number of ‘Cinderella’ of human rights because cultural rights not previously explicitly recognized C of the limited attention that has as human rights, such as ‘archaeological and been paid to them. However, recent years have historical sites, artefacts, designs, ceremonies, witnessed more attention being paid to this area, technologies and visual and performing arts and particularly in terms of the cultural rights of literature’ (Article 11) and ‘human and genetic minorities and indigenous peoples. Human rights resources, seeds, medicines, knowledge of the legal instruments refer to ‘cultural rights’ or ‘the properties of fauna and flora, oral traditions, right to culture’ or the ‘right to take part in the literatures, designs, sports and traditional games culture’. However, even these interchangeable and visual and performing arts’ (Article 31).4 In terms do not reflect the plethora of aspects that 2009, the UN Committee on Economic, Social the right to culture contains for minority and and Cultural Rights (CESCR) issued a General indigenous peoples. Litigation has therefore Comment on the Right to Take Part in Cultural played a major role in determining and defining Life, which expanded this understanding beyond the exact legal parameters of these concepts. indigenous peoples. This chapter will outline the various key Lately, the debate on the right of minorities international human rights legal standards that and indigenous peoples to their culture has been may come into play when considering minority closely linked to the concept of ‘cultural heritage’, and indigenous peoples’ cultural rights, and draw a term found in several international instruments, on jurisprudence of international and regional including the World Heritage Convention, the Protecting the courts and quasi-judicial mechanisms, illustrating Framework Convention on National Minorities how litigation, including Minority Rights (FCNM), the Faro Framework Convention on Group International’s (MRG) own legal cases the Value of Cultural Heritage for Society and programme, has assisted in their development. UNDRIP. right to culture As will be shown, using litigation to develop the Similar approaches have been adopted at right to culture has usually involved the right the regional level. For example, in the African being claimed in conjunction with other rights, context, ‘culture’ has a number of meanings, all such as the right to language or the right to land, of which have been recognized by the African for minorities and rather than litigating the right to culture directly. Commission on Human and Peoples’ Rights (ACHPR). The first understanding of culture Defining the right to culture is ‘culture as capital’: the accumulated material The understanding of what is meant by ‘culture’ heritage of mankind or particular groups, is essential in defining the scope of the right to exemplified by monuments and artefacts. The indigenous peoples: culture. As explained in the keynote chapter, second is ‘culture as creativity’: the process (and ‘Cultural rights and their implications for products) of artistic and scientific creation.5 minority and indigenous communities’, a greater Article 17(2) and (3) of the African Charter on understanding of culture in international law Human and Peoples’ Rights (the African Charter) an overview has developed over time that has assisted the therefore provides: protection of minorities and indigenous peoples’ right to culture. The United Nations (UN) ‘(2) Every individual may freely take part in the Human Rights Committee (HRC) has observed cultural life of his community. of international that ‘culture manifests itself in many forms’2 and (3) The promotion and protection of morals and the UN Committee for the Elimination for All traditional values recognized by the community shall Forms of Racial Discrimination (CERD) has be the duty of the State.’ 6 given a broad scope of the concept that includes case law ‘distinct culture, history, language and way Culture, in this sense, therefore equates to the of life as an enrichment of the State’s cultural sum total of the material and spiritual activities 3 1 identity’. The 2007 UN Declaration on the and products of a given social group that Lucy Claridge and Alexandra Xanthaki Rights of Indigenous Peoples (UNDRIP) made distinguishes it from other communities.

State of the World’s Minorities Protecting the right to culture for 61 and Indigenous Peoples 2016 minorities and indigenous peoples Applying the right to culture to Right: Saami indigenous people in Finland herd minorities and indigenous peoples reindeer. Michiel van Nimwegen. The right to culture – and the right to take part in culture – was, at first, purely an also one’s own culture. The right to ‘participation individual right, as provided by Article 15 of in cultural life’ also includes ‘the right to benefit the International Covenant on Economic Social from cultural values created by the individual or and Cultural Rights (ICESCR). However, the the community’.11 The negative dimension of right to take part in culture has been expanded the right to participate in the culture includes through a wider interpretation of Article 27 non-interference by the state in ‘the exercise of of the International Covenant on Civil and cultural practices and access to cultural goods and Political Rights (ICCPR), which affirms the services’, while the positive obligation ensures right to culture for members of minorities ‘preconditions for participation, facilitation and indigenous peoples. Article 27 specifically and promotion of cultural life, and access and stipulates that persons belonging to ethnic, preservation of cultural goods’.12 In Khurshid religious or linguistic minorities ‘shall not be Mustafa and Tarzibachi vs. Sweden, for example, denied the right, in community with other the European Court of Human Rights (ECtHR) members of their group, to enjoy their own held that the eviction of tenants on account culture’. Although the language is quite generic, of their refusal to remove a satellite dish that it is now accepted that positive protection is enabled them access to television programmes in required to realize the provisions of Article 27.7 and Farsi of their country of origin was In a slightly different formulation, the indigenous contrary to the right of members of minorities right to culture under UNDRIP incorporates a ‘who may wish to maintain contact with the collective element: states are under an obligation culture and language of their country of origin’.13 to protect indigenous peoples’ full enjoyment of In interpreting Article 27, the HRC has their human rights either as individuals or as a confirmed a high threshold for a violation to be collective. established, with consultation of minority groups The rights of persons belonging to minorities being a key criterion. In Länsman vs. Finland, a and indigenous peoples to enjoy their own case concerning the Saami indigenous people, people’s own right to participation and control of Article 27 in the implementation of the culture are permanent. Importantly, their the applicants complained about the decision over such matters. The HRC was tasked with legislation.18 realization may need special measures. Such of the state authority to allow stone quarrying assessing the extent to which the negotiations UNDRIP affirms indigenous peoples as the special measures are well recognized in to take place on their land, disrupting their between the government and the Māori primary guardians and interpreters of their international law as not being discriminatory,8 reindeer-herding activities. With regard to the population in relation to fishing rights complied cultures and the true collective owners of their and are mandatory, rather than discretionary measure interfering with the applicants’ rights with Article 27 of the ICCPR. While particular works, arts and ideas. On the basis of indigenous as some states have indicated.9 Therefore, state under Article 27, the HRC indicated the impact attention was paid to the cultural and religious self-determination, former UN Special policies that simply provide for non‑interference of such a measure must be substantial ‘that it importance of fishing for the Māori throughout Rapporteur on the rights of indigenous peoples, in the right to culture of minorities and does effectively deny to the authors the right the consultation process, the HRC acknowledged Erica-Irene Daes, has argued that no alienation of indigenous peoples do not fulfil the current to enjoy their cultural rights in the region’.14 ‘Article 27 does not only protect traditional these elements of their culture should be allowed obligations of states under the prevailing Nevertheless, the situation complained of did means of livelihood of minorities, but allows also by international or national law, unless made interpretation of contemporary international law. not constitute a denial of the applicants’ rights. for adaptation of those means to the modern way in conformity with indigenous peoples’ own Considering the quarrying in the affected area of life and ensuing technology.’16 ‘By engaging traditional laws, and with the approval of their The right to participate in cultural that had already taken place, the HRC concluded itself in the process of broad consultation before own local institutions.19 However, indigenous life: what does this mean in practice? that reindeer‑herding ‘does not appear to have proceeding to legislate, and by paying specific rights to tradition are not absolute. Articles 1 and As explained in the keynote chapter, the right been adversely affected by such quarrying’.15 The attention to the sustainability of Māori fishing 46 of UNDRIP place the text of the Declaration of members belonging to minorities to practise fact that the affected community was consulted activities’, the HRC concluded that the state within the general standards of international law, their culture, recognized in Article 27 of the and its interests were considered in the process party had taken the necessary steps to ensure including its well-known principles of solving ICCPR, must be read in conjunction with the leading to contracting the private company was that the legislation regulating possibilities conflicts between human rights.20 It is necessary right of everyone ‘to take part in cultural life’, also taken into account. for the Māori to engage in commercial and to ensure that indigenous communities are recognized in Article 15 of the ICESCR.10 ‘The In a later case, Apirana Mahuika and others vs. non‑commercial fishing was compatible with informed and give their free, prior and informed culture’ in which everyone has the right to New Zealand, the HRC linked the limitations Article 27.17 Nevertheless, the state party is consent before any interference with their cultural participate is not only the national culture, but of indigenous cultural rights to the indigenous bound to pay attention to the requirements practices. Further, of great importance is the

62 Protecting the right to culture for State of the World’s Minorities State of the World’s Minorities Protecting the right to culture for 63 minorities and indigenous peoples and Indigenous Peoples 2016 and Indigenous Peoples 2016 minorities and indigenous peoples principle of non-discrimination in participation permitted outside the ones enumerated in the and develop their cultural customs, practices and that, the Court held that there is a right to freely in, and access and contribution to the culture, specific provisions and the core of the right has to traditions. These are at the core of indigenous choose one’s own cultural or ethnic identity and both in the national and the minority culture.21 be maintained. identities, and respect for such elements has a to have the choice respected, provided that the Recognition of indigenous communities as the The evolution of the application of this salutary impact on the general well-being of choice is based on objective grounds, within the main interpreters of their traditions must also be approach is clearly demonstrated in the case law individuals and the communities. Studies have ambit of Article 8.37 ensured. At the same time, the Declaration does of the UN HRC. In Kitok vs. Sweden,26 the HRC shown that the lack of respect for identity is The ECtHR has also recognized a significant not stand on its own, but forms part of the wider was faced with a question of restricting the rights closely related to endemic problems of alcoholism link between and the maintaining human rights system and therefore is susceptible of an individual member of the Saami indigenous and poor physical and mental health in of the cultural identity of minorities. In to the checks, guarantees and limits this system people as opposed to the rights of the community indigenous communities. States are encouraged Podkolzina vs. Latvia38 the Court found a sets, as set out later in this chapter. as a whole. To reduce the number of reindeer to take specific measures that enable the violation of the right to free elections under breeders, a new provision had been introduced development of minority cultures, traditions and Protocol No. 1, Article 3, where the applicant, Justifying restrictions on minority into law limiting the right to reindeer husbandry customs, with assimilation clearly prohibited.31 a member of the Russian-speaking minority and indigenous rights to culture: a of those members of the Saami indigenous In practice, this right has been litigated in in Latvia, was struck out as a candidate in difficult balancing act people who had engaged in other professions for international courts in conjunction with a variety the elections to the Latvian parliament, due Conflicts between the right of members of three years. As a result, the applicant was denied of other rights, including the right to privacy to insufficient knowledge of the state official minorities and indigenous peoples to culture the respective right, in spite of the fact that his and family life, and the right to freedom of language. Although the requirement of a and other human rights have been used as an family had been active in reindeer breeding for association. command of Latvian at the upper level was excuse for states not to recognize minority and more than 100 years. According to the HRC, Evaluating a claim under Article 8 of the considered to pursue a legitimate aim of the indigenous customs and practices. Recent voices the restriction imposed upon an individual ‘must European Convention on Human Rights proper functioning of the institutional system,39 that present human rights values as only part of be shown to have a reasonable and an objective (ECHR), which protects the right to privacy and the Court held that the decision to eliminate the the western ‘way of life’ are erroneous, undermine justification and to be necessary for the continued family life, the ECtHR has noted: applicant from the list of candidates could not be the respect for minority and indigenous cultures viability and welfare of the minority as a whole’.27 regarded as proportionate to any such legitimate and lead to unhelpful stereotypes. The 2005 In this respect, the HRC acknowledged that the ‘an emerging international consensus … recognising aim.40 United Nations Educational, Scientific and applicant was permitted to graze and farm his the special needs of minorities and an obligation to A further important aspect of the right Cultural Organization Convention on the reindeer, as well as hunt and fish, and held there protect their security, identity and lifestyle … not to culture is the right of minorities to form Protection and Promotion of the Diversity had been no violation of Article 27 as a result. only for the purpose of safeguarding the interests of associations aimed at promoting their culture. of Cultural Expressions recommends ‘the The proportionality of the measures interfering the minorities themselves but to preserve a cultural The ECtHR has considered this right in the recognition of equal dignity of and respect for with the rights under Article 27 was also diversity of value to the whole community’.32 context of Article 11 of the ECHR, which all cultures, including the cultures of persons scrutinized by the HRC in the case of Lovelace vs. protects the right to freedom of assembly belonging to minorities and indigenous Canada.28 The applicant, an indigenous woman, Particularly with respect to Roma, the Court and association. In Sidiropoulos and Others vs. peoples’ (Article 2). The rhetoric of ‘integration’ lost her legal status and rights with regard to has recognized the positive obligations of states Greece,41 the ECtHR found that a refusal of state is unfortunately often used in Europe to the Canadian Indian Act, after she had married to facilitate the Roma way of life, including authorities to register a not-for-profit association unnecessarily restrict minority cultural rights.22 a non-indigenous man. As a result she could consideration of their needs and their different of persons with Macedonian ethnic origin, on the Hate speech against individuals on the basis of not claim a right to reside on her First Nations’ lifestyle. So, in Chapman vs. The United grounds of the protection of Greece’s territorial their culture has been repeatedly criticized by reserve. The HRC indicated that the state’s Kingdom,33 a case concerning a Roma who was integrity, was in violation of the applicants’ international monitoring bodies. action in this respect must have an objective prevented by the authorities from occupying right to freedom of association. Considering the At the same time, international monitoring and reasonable justification and be consistent a caravan on the land she had purchased, the aims of the association ‘to preserve and develop bodies have rightly identified and criticized with other ICCPR provisions.29 Given that the ECtHR concluded that the right to follow a the traditions and folk culture of the Florina cultural practices that have a negative effect marriage of the applicant had broken up, the traditional way of life fell also within the ambit region’42 to be legitimate, since ‘the inhabitants on individuals.23 The Siracusa Principles on HRC did not consider denying the right of of Article 8. According to the Court’s assessment, of a region in a country are entitled to form Limitations and Derogations24 together with residence to the applicant reasonable or necessary such a way of life was ‘an integral part of her associations in order to promote the region’s the case law of monitoring bodies25 provide an for preserving the identity of the Indian tribe. ethnic identity as a Gypsy, reflecting the long special characteristics, for historical as well as important guide as to how to deal with such The HRC concluded, therefore, that the denial, tradition of that minority of following a travelling economic reasons’,43 the Court held, as a result, cases. Any restriction of the right to culture to the applicant, of the legal status as an Indian lifestyle’.34 that the interference in the right indicated was of a member of a minority group will have amounted to a violation of Article 27.30 Similarly, in Ciubotaru vs. Moldova,35 a case not proportionate.44 to be based on grounds justifying limitations that involved the refusal of the state authorities recognized by a relevant provision of international Rights to minority and indigenous to record the applicant’s ethnic identity on Culture and religion law, will have to respond to a pressing public or customs, practices and traditions his identity card, the Court considered an Religious expressions are also included in the social need, to pursue a legitimate aim and to A central part of minority and indigenous individual’s ethnic minority as an essential aspect concept of intangible culture. At times, the be proportionate to that aim. No limitations are cultural rights is their right to protect, maintain of his or her right to private life.36 In addition to difference between culture and religion is blurred.

64 Protecting the right to culture for State of the World’s Minorities State of the World’s Minorities Protecting the right to culture for 65 minorities and indigenous peoples and Indigenous Peoples 2016 and Indigenous Peoples 2016 minorities and indigenous peoples Prohibition of or disrespect towards ‘religion or Right: Maya in Belize perform a traditional belief systems, rites and ceremonies’45 violates dance with incense. Chelsea Purvis/MRG. both the right to culture and the freedom of religion. One has to bear in mind that religious/ peoples to language are twofold: on the one cultural expressions of members of minorities hand, they have the right to learn the national and indigenous peoples require additional language on the same basis as the rest of the protection to such expressions of the majority, population, without any discrimination. As set as the former are inherently vulnerable because out further below, states have to take positive of their non‑dominance in the society. Today, measures to ensure equal access to the teaching of it is recognized that the right to indigenous the language. On the other hand, minority and spiritual and religious beliefs is a collective indigenous communities also have the right to right.46 The Inter‑American Court of Human learn their own languages.54 Rights (IACtHR) has developed considerable The ACHPR commented on the role of jurisprudence in this respect. Violations of the language and linguistic rights in the life of a customary marriage practices of indigenous community in African Association and peoples,47 the interruption of the passage Others vs. .55 Although it was not of cultural knowledge to future generations able to determine there had been a violation of by the deaths of women and elderly acting Article 17 of the African Charter on the basis as the oral transmitters of the Maya Achí of the evidence available, it recognized language culture, and the loss of faith in their traditions as a means of participation in community life following militarization and repression48 have and also indicated that ‘to deprive a man of such all been criticized by the Court. The Court participation amounts to depriving him of his has clarified that funeral ceremonies are part identity’.56 of indigenous cultures,49 while prohibition of The UN HRC has touched upon the issue of access to indigenous burial sites, often a result provision of education in a preferred education was based solely on the territories and resources of indigenous peoples of relocation and development projects on the in Mavlovov and Sa’di vs. .57 In this criterion of the parents’ residence, the Court held cannot be separated from the preservation and lands of the burial sites, or prohibition against case, public media authorities refused to register that the law in question was discriminatory and enjoyment of their cultural heritage. Nature practising traditional burial ceremonies,50 are a newspaper written in the , in violation of Article 14 in conjunction with often provides the material basis for distinct obstacles to the community’s ways of honouring containing materials for Tajik students to Protocol 1, Article 2.62 indigenous cultural practices, spirituality and the dead, fostering lack of knowledge on the supplement existing textbooks. The HRC The ECtHR Grand Chamber was faced identity. Development projects often lead to whereabouts of the remains of the indigenous acknowledged the use of minority language press with the question of access to education in a the displacement of indigenous communities ancestors, 51 which constitute violations of their as ‘an essential element of the Tajik minority’s minority language in the more recent case of and have disastrous effects for their cultures, cultural rights. These rights have similarly been culture’58 and held there had been a violation of Catan and Others vs. Moldova and .63 In the including their separation from their sacred sites, recognized in the African human rights system.52 Article 27 in respect of Uzbekistan. breakaway region of Transdniestria, restrictions the loss of their traditional livelihoods, and the States are now under the obligation to act in The right to mother tongue education as an on the use of the Moldavian language written in loss of food systems and spiritual and cultural positive and precise ways in order to recover important cultural right of minorities has also the Latin script were introduced and use of the practices.65 Such processes affect indigenous the remains of deceased members of indigenous been scrutinized by the ECtHR. In its landmark was enforced, further isolating the peoples by disrupting traditional activities communities. judgment in the Case ‘relating to certain aspects Moldavian community in the region. Parents important for the survival and well-being of these of the laws on the use of languages in education who continued to send their children to schools communities. The World Bank has acknowledged Languages in ’ vs. Belgium,59 the Court assessed using the Latin script were both intimidated that the ‘distinct circumstances’ of indigenous The loss of minority and indigenous languages the position of French-speaking applicants and harassed, while the schools were closed. peoples expose them ‘to different types of risks contributes to the erosion of their identity and residing on the outskirts of , where the The Court held there had been a violation of and levels of impacts from development projects, traditional knowledge. Language is an essential Flemish language was predominant and where the protected under Protocol including loss of identity, culture, and customary part of minority and indigenous cultures as the law restricted the access of the applicants to No. 1, Article 2, in respect of Russia, which had livelihoods, as well as exposure to disease’.66 it differentiates them from the rest of the French‑language schools. The Court held that the over the Transdniestria region.64 The IACtHR has engaged with indigenous population and guarantees ‘the expression, right to receive education in one’s own language cultural rights on several occasions. Repeatedly, diffusion, and transmission of their culture’.53 was not included within the right to education Land rights and indigenous it has addressed the link between the cultural Most of the endangered languages around the under Protocol No. 1, Article 2,60 and ruled that rights to culture identity of indigenous communities and their world are languages of minorities and indigenous the right to education per se was not violated.61 Many indigenous practices and traditions relate traditional lands. Cases of indigenous peoples peoples. Rights of minorities and indigenous However, since the restriction in access to the to land. Indeed, the protection of the lands, evicted from or denied access to their ancestral

66 Protecting the right to culture for State of the World’s Minorities State of the World’s Minorities Protecting the right to culture for 67 minorities and indigenous peoples and Indigenous Peoples 2016 and Indigenous Peoples 2016 minorities and indigenous peoples lands have been approached by the Court Right: Members of the Ogiek community through reading into attend a public meeting with journalists the . The failure of the state to in Kenya. MRG. provide basic necessities for the communities deprived of their traditional livelihood has also especially with regard to the been found to amount to a violation of the right of the consultation. In addition to developing to a dignified life. firm jurisprudence in respect of the indigenous In the landmark judgment Mayagna (Sumo) right to property, the Court has succeeded in Awas Tigni Community vs. , the applying the concept to children, specifically. Court recognized the land rights of indigenous In Chitay Nech and Others vs. Guatemala, peoples in Latin America for the first time. the Court pronounced a duty of the state to Significantly, the Court drew on a collective guarantee the right to cultural life of indigenous meaning ascribed to property in the context of children.74 Furthermore, it indicated that the indigenous communities while the relationship of child’s development requires that the children live the communities to their ancestral lands includes ‘within their natural and cultural environment, a spiritual element, in addition to the material particularly because they possess a distinctive element.67 identity that roots them with their land, culture, In two other cases involving a violation of the religion, and language’.75 communal right to property as well as the right In the same vein, the Inter-American to life, the Court indicated that dispossessing Commission on Human Rights (IACHR) has the indigenous communities of their traditional acknowledged the distinct nature of the right to lands leads to a risk of ‘irreparable ethnic and property when applied to indigenous peoples. cultural loss’.68 In accordance with its previous In a case in which MRG has been advising jurisprudence, the Court affirmed the concept of the Maya, Maya Indigenous Communities of the culture as being determined by the relationship Toledo District vs. Belize, the Commission held or language. While it acknowledged the creation was postponed, and which remained in effect for of the indigenous community to its traditional that the continued enjoyment of indigenous of a game reserve on the ancestral lands of the a period of more than 12 years. In spite of the land (Yakye Axa Indigenous Community vs. culture depends on the free exercise of the right Endorois community as a legitimate aim, the legitimate aim, the duration of the interference ),69 and of the indigenous right to to property by indigenous communities.76 To denial of access to the lands was not found to be together with the uncertainty experienced by property as being linked to the preservation of give effect to the indigenous right to property, proportionate to such an aim. By such a measure, the applicants, who were effectively prevented the in a broader sense, including the the state has the duty to consult the community, the Endorois community was denied access to from enjoying their right to property, further preservation of cultural identity (Sawhoyamaxa accordingly. ‘an integrated system of beliefs, values, norms, aggravated the detrimental effects of the Indigenous Community vs. Paraguay).70 In both As far as the indigenous right to culture in , traditions and artefacts’, meaning ‘the interference on the applicants.81 The Court found cases, the Court ordered restitution of the the African context is concerned, the ACHPR very essence of the Endorois’ right to culture’ was a violation of Protocol No. 1, Article 1, in respect traditional lands along with the duty of the has pronounced on individual elements that the denied.78 of .82 state to adopt provisional measures and provide cultural identity of a community is defined in Importantly, the ECtHR has used the right basic necessities for the affected communities. In a number of cases. In the landmark case which to property to engage with the issue of the The right to the conservation and protection of another significant case against the government MRG supported concerning the Endorois protection of cultural and natural heritage. In the environment of Paraguay, Indigenous Community Xakmok community, the ACHPR addressed culture as a: Debelianovi vs. Bulgaria,79 the Court held that Finally, indigenous peoples have important Kasek vs. Paraguay, the Court affirmed the the preservation of cultural and architectural contributions to make in environmental right of the indigenous community to return ‘complex whole which includes a spiritual and heritage was a legitimate aim when considering management and development because of their to their ancestral land as a precondition for the physical association with one’s ancestral land, an interference with the right to property.80 The rich traditional knowledge.83 They can contribute preservation of their cultural identity.71 As far knowledge, belief, art, law, morals, customs, and applicants claimed a violation of Protocol No. 1, considerably to environmentally sound practices as procedural rights of indigenous communities any other capabilities and habits acquired by Article 1, of the ECHR, which protects the right and sustainable development. International law are concerned, the Court referred in humankind as a member of society – the sum total to property, in relation to the return of a house has recognized to a degree the importance of People vs. to the communities’ right of the material and spiritual activities and products that had been expropriated by the Government traditional knowledge in this respect. Measures to consultation and the duty to obtain their of a given social group that distinguish it from other of Bulgaria from their father and then turned must be established to recognize that traditional free, prior and informed consent.72 The Court similar groups.’ 77 into a museum as a historic monument. The and direct dependence on renewable resources reiterated its jurisprudence and developed the National Assembly subsequently introduced a and eco-systems, including sustainable harvesting, standard of prior consultation and consent in Accordingly, the ACHPR has linked culture to moratorium on the restitution laws, by virtue continues to be essential to the cultural, Pueblo Indigena Kichwa de Sarayaku vs. Ecuador,73 such characteristics of a community as religion of which the restitution of applicants’ property economic and physical well-being of indigenous

68 Protecting the right to culture for State of the World’s Minorities State of the World’s Minorities Protecting the right to culture for 69 minorities and indigenous peoples and Indigenous Peoples 2016 and Indigenous Peoples 2016 minorities and indigenous peoples 84 para. 9.4. Women, Mexico’, UN doc. para. 208. (revised April 2013). people and their communities. and jurisprudence have clearly contributed 17 Ibid., para. 9.8. CEDAW/C/PRY/CO/6 52 See further Centre for 67 IACtHR, Mayagna (Sumo) Indigenous cultures also include ‘traditional significantly to the further crystallization and 18 Ibid., para. 9.9. (2012), para. 32. Minority Rights Development Awas Tingni Community vs. lifestyles relevant for the conservation and elaboration of their rights. The interpretation of 19 See: Principles and 24 UN Commission on (Kenya) and Minority Rights Nicaragua, Series No. 79 Guidelines for the Human Rights, The Group International on (2001), para. 149. sustainable use of biological diversity’, protected older legal instruments in the light of these recent Protection of the Heritage Siracusa Principles on the behalf of Endorois Welfare 68 IACtHR, Yakye Axa by the Convention on Biological Diversity, which understandings and standards is therefore vital of Indigenous People, Limitation and Derogation Council v. Kenya, (2009) Indigenous Community vs. Elaborated by the Special Provisions in the supra note 6, at para. 239 Paraguay, Case 12.313 requests states to respect, preserve and maintain to the protection of minorities’ and indigenous Rapporteur, Mrs. Erica- International Covenant on and 251. (2005), para. 216. such knowledge and practices, and promote peoples’ right to culture. Irene Daes, in conformity Civil and Political Rights, 53 IACtHR, López Álvarez v. 69 Ibid., para. 135. with resolution 1993/44 UN doc. E/CN.4/1985/4 Honduras, Series C No. 141 70 IACtHR, Sawhoyamaxa their wider application with the approval and Further, as a result of these legal advances, the and decision 1994/105 (1984), para. 27. (2006), paras. 169–171. Indigenous Community vs. involvement of the holders. In particular, state realization of the right to culture now includes of the Sub-Commission 25 UN HRC, Sandra Lovelace 54 See Document of the Paraguay, Case 0322/2001 on Prevention of v. Canada, Communication Copenhagen Meeting of (2006), para. 150. obstacles to indigenous traditional activities a plethora of aspects that include the protection Discrimination and No. R.6/24, UN doc. Supp. the Conference on the 71 IACtHR, The Xakmok or their traditional practices of cultivation, of both intangible and tangible heritage. Protection of Minorities of No. 40 (A/36/40) (1981). Human Dimension of the Kasek Indigenous the Commission on Human 26 UN HRC, Ivan Kitok v. CSCE (1990), Article 32; Community vs. Paraguay, agriculture and animal herding and fishing also In protecting these rights, the meaningful Rights, Economic and Sweden, Communication Recommendation 1201 of Case 12,420 (2010), para. constitute obstacles to indigenous cultures, participation of minorities and the free, prior Social Council, UN doc. No. 197/1985, UN doc. the Parliamentary Assembly 51. and informed consent of indigenous peoples are E/CN.4/Sub.2/1995/26 CCPR/C/33/D/197/1985 of the 72 IACtHR, Saramaka People with dire effects on indigenous livelihoods, Annex (1995); see also: (1988). (1993), Articles 7–8; and vs. Suriname, Case 12.338 socio‑economic rights and health. Distinct important. In addition, and as a necessary pre- Principles and Guidelines 27 Ibid., para. 9.8. the European Charter (2007), paras. 129–140. indigenous beliefs about food, its preparation and condition to a series of other rights, the rights to for the protection of the 28 Sandra Lovelace v. Canada, for Regional or Minority 73 IACtHR, Pueblo Indigena Heritage of Indigenous supra note 25. Languages (1998). Kichwa de Sarayaku vs. its consumption, form part of their ceremonies participate in cultural life, to education and the peoples, Report of the 29 Ibid., para. 16. 55 ACHPR, Malawi Africa Ecuador, Series C No. 245 and rituals and, ultimately, their identity. environment all play a part. International law Technical Meeting on 30 Ibid., para. 19. Association, Amnesty (2012). the Protection of the 31 FCNM, Art. 5, supra note International, Ms Sarr 74 IACtHR, Chitay Nech et al. Recently, the IACtHR explored the link and jurisprudence will continue to occupy a key Heritage of Indigenous 8. Diop, Union interafricaine vs. Guatemala, Series C No. between the rights of indigenous peoples, and determinant role in further elucidating these People, UN doc. E/CN.4/ 32 ECtHR, Chapman v. des droits de l’Homme 212 (2010), para. 168. ■ Sub.2/1997/15 (1997), The United Kingdom, and RADDHO, Collectif 75 Ibid., para. 169. their procedural rights and environmental rights. Annex, at para. 3. Application no. 27238/95 des veuves et ayants- 76 IACHR, Maya indigenous conservation, in Kaliña and Lokono Peoples vs. 20 See Xanthaki, A., (2001) at para. 93. Droit, Association community of the Toledo Endnotes ‘Multiculturalism and 33 Ibid. mauritanienne des droits District v. Belize, Case Suriname, where restrictions were placed on international law: discussing 34 Ibid., para. 73. de l’Homme /Mauritania, 12.053 (2004), para. 155. the natural reserve of indigenous communities. 1 The authors are also Recommendation No. 32 universal standards’, Human 35 ECtHR, Ciubotaru v. Communications 54/91- 77 Centre for Minority Rights grateful to Gabriela on ‘The meaning and scope Rights Quarterly, vol. 32, Moldova, Application no. 61/91-96/93-98/93- Development (Kenya) and According to the Court, the indigenous Majercikova for her of special measures in the no. 1 (2010). 27138/04 (2010). 164/97-196/97-210/98 Minority Rights Group communities need to participate effectively extensive research on International Convention 21 See International 36 Ibid., para. 53. (2000). International on behalf of and their agreement with conservation agencies relevant case law. on the Elimination Convention on the 37 Ibid., para. 57. 56 Ibid., para. 137. Endorois Welfare Council vs. 2 UN HRC, General of All Forms Racial Elimination of All Forms 38 ECtHR, Podkolzina v. 57 UN HRC, Rakhim Kenya (2009), supra note 6, 85 needs to be sought, while the traditional Comment No. 23, Art. 27 Discrimination’, UN doc. of Racial Discrimination, Latvia, Application no. Mavlonov and Mr. Shansiy at para. 241. practices contributing ‘to the sustainable care (Rights of Minorities), UN CERD/C/GC/32 (2009), Art. 5(e)(vi); Convention 46726/99 (2002). Sa’di v. Uzbekistan, 78 Ibid., paras. 250, 251. doc. CCPR/C/21/Rev.1/ para. 30. on the Elimination of All 39 Ibid., para. 34. Communication No. 79 ECtHR, Debelianovi vs. and protection of the environment should be Add.5 (1994), para. 7. 10 See Council of Europe Forms of Discrimination 40 Ibid., para. 38. 1334/2004, UN doc. Bulgaria, Application no. maintained, protected and promoted’.86 The 3 CERD, General Framework Convention against Women, Art. 13 (c); 41 ECtHR, Sidiropoulos CCPR/C/95/D/1334/2004 61951/00 (2007). Recommendation XXIII on on the Value of Cultural Convention on the Rights and Others v. Greece, (2009) at para. 2. 80 Ibid., para. 54. matter has also recently been argued in one of the Rights of Indigenous Heritage for Society (2005), of the Child, Art. 31.2; Application no. 58 Ibid., para. 8.7. 81 Ibid., para. 59. MRG’s legal cases before the African Court of People, UN doc. A/52/18 Art. 1(a). International Convention 57/1997/841/1047 (1998) 59 ECtHR, Case ‘relating to 82 Ibid., para. 60. (1997). 11 CESCR, General on the Protection of the at para. 43. certain aspects of the laws 83 Rio Declaration on Human and Peoples’ Rights, concerning the 4 UN doc. A/Res/61/295 Discussion on the Right to Rights of All Migrant 42 Ibid., para. 44. on the use of languages Environment and Ogiek community of Kenya.87 The case remains (2007). Take Part in Cultural Life Workers and Members 43 Ibid. in education in Belgium’ Development, Principle 22, 5 See ACHPR, ‘Guidelines as Recognized in Article of Their Families, Art. 44 Ibid., para. 47. v. Belgium (No. 2), UN doc. A/CONF.151/26 pending but it is hoped that judgment will be for National Periodic 15 of the Covenant, UN 43.1(g); Convention on 45 UN CESCR, General Application nos. 1474/62, (vol. I)(1992). delivered in 2016. Reports’, in Second Annual doc. E/C.12/1992/SR.17 the Rights of Persons with Comment No. 21, supra 1677/62, 1691/62, 84 UN Agenda 21 (1992), Activity Report of the African (1992), para. 32. Disabilities, Art. 30.1. note 12 at para. 13. 1769/63, 1994/63, Article 26.3. Commission on Human and 12 Ibid., para. 6. 22 Xanthaki, A., ‘On 46 UNDRIP, Art. 12, supra 2126/64 (1968). 85 IACtHR, The Kaliña and Conclusion Peoples’ Rights (1988–1989), 13 ECtHR, Khurshid Mustafa weakening minority note 4. 60 Ibid., p. 27, para. 3. Lokono Peoples vs. Suriname, While they constitute a vital part of human ACHPR/ RPT/2nd, Annex and Tarzibachi v. Sweden, protection’, International 47 IACtHR, Aloeboetoe et al. v. 61 Ibid., p. 84. Case 12.639 (2015), para. XII. Application no. 23883/06 Journal of Human Rights Suriname, Series C No. 15 62 Ibid., p. 83. 230. diversity, most minority and indigenous cultures 6 See also Centre for Minority (2008), para. 44. (forthcoming). (1993). 63 ECtHR, Catan and Others 86 Ibid., para. 181, footnote are facing serious challenges. Therefore, progress Rights Development (Kenya) 14 UN HRC, Länsman 23 See e.g. CEDAW, 48 IACtHR, Plan de Sánchez vs. Moldova and Russia, 231. and Minority Rights and Others v. Finland, ‘Concluding Observations Massacre v. Guatemala, Application nos 43370/04, 87 African Court of Human with regard to the protection of the minority Group International on Communication No. of the Committee on Series C No. 116 (2004). 8252/05, 18454/06 (2012). and Peoples’ Rights, and indigenous right to culture is urgently behalf of Endorois Welfare 511/1992, UN doc. the Elimination of 49 IACtHR, Bámaca-Velásquez 64 Ibid., paras. 123, 150. ACHPR vs. Kenya, Council v. Kenya (2009), CCPR/C/52/D/511/1992 Discrimination against v. Guatemala, Series C No. 65 See Centre for Minority Application 006/2012. needed. International understanding of the Communication No. (1994), para. 9.5. Women, Mexico’, 91 (2002), para. 82. Rights Development (Kenya) full scope of the right to culture is deepening, 276/03, para. 241. 15 Ibid., para. 9.6. UN doc. CEDAW/C/ 50 IACtHR, Plan de Sánchez and Minority Rights Group 7 UN HRC, General 16 UN HRC, Apirana MEX/CO/7-8 (2012), Massacre v. Guatemala, International on behalf of however, greatly assisted by advocacy and Comment No. 23, supra Mahuika et al. v. New paras. 34–35; CEDAW, Series C No. 105 (2004), Endorois Welfare Council vs. cases brought before international tribunals note 2, para. 38. Zealand, Communication ‘Concluding observations para. 43. Kenya (2009), supra note 6, 8 Council of Europe FCNM No. 547/1993, of the Committee on 51 IACtHR, Moiwana at para. 173. by minority and indigenous communities (1995), Art. 5.1. UN doc. CCPR/ the Elimination of Community v. Suriname, 66 World Bank, Operational themselves. Developments in international law 9 CERD, General C/70/D/547/1993 (2000), Discrimination against Series C No. 124 (2005), Directive 4.10, July 2005

70 Protecting the right to culture for State of the World’s Minorities State of the World’s Minorities Protecting the right to culture for 71 minorities and indigenous peoples and Indigenous Peoples 2016 and Indigenous Peoples 2016 minorities and indigenous peoples TUNISIA MOROCCO

ALGERIA Western EGYPT Sahara

MAURITANIA MALI SENEGAL THE GAMBI A SUDAN -BISSAU BURKINA DJIBOUTI FASO GUINEA BENIN SIERRA LEONE CÔTE CENTRAL D’IVOIRE SOUTH SUDAN AFRICAN REP.

CAMEROON

UGANDA SAO TOME EQUAT. AND PRINCIPE GUINEA REP. OF KENYA GABON THE CONGO RWANDA DEM. REP. BURUNDI OF THE CONGO INDIAN TANZANIA OCEAN

ANGOLA MALAWI ATL ANTIC ZAMBIA

OCEAN

NAMIBIA BOTSWANA

SWAZILAND

LESOTHO SOUTH AFRICA AfricaAmina Haleem, Paige Wilhite Jennings and Keikantse E. Phele Ethiopian Constitution devolves considerable and Cultural Organization (UNESCO) World during the year suggesting that these relocations, power to its different communities, including Heritage Site and one of the most culturally carried out by the Ethiopian military, had been East autonomous governance arrangements and the diverse areas in the world. In particular, there accompanied by frequent human rights abuses, right to maintain their own language, culture are concerns over the ecological destruction of including violence and sexual assault. and history. the forests surrounding the Omo River, linked The disturbing impact of such large-scale Africa In practice, however, many of the country’s to the controversial Gilgel Gibe III hydroelectric projects has caused several international minorities and indigenous populations remain power plant. Besides generating electricity from donors to re-examine their approach towards vulnerable to human rights violations such as a large dam constructed on the river, the project support for such projects. Following on from and the loss of land and lack of access to basic services. is also designed to provide irrigation to a raft of national legislation passed in the United States These abuses take place in a political context state- and foreign-owned agricultural plantations in 2014, prohibiting development aid from largely monopolized by the Ethiopian People’s developed in the area on appropriated land. being used for any project that would lead to Horn Revolutionary Democratic Front (EPRDF), The government has repeatedly failed to displacement of communities without their an alliance of regionally based parties that has ensure adequate contingency plans are in place consent or compensation, in February 2015 Amina Haleem governed the country since 1991 and has been for pastoralist and indigenous communities the United Kingdom (UK) confirmed that widely criticized for its repressive practices. while they carry out their development projects, it was withdrawing development funding cross and the Horn, Nationwide elections in May resulted in the forcing communities off their ancestral land. from Ethiopia’s Promotion of Basic Services minorities and indigenous peoples EPRDF and its allies securing every seat in This displacement in turn leads to conflict programme and realigning its aid portfolio. A continue to face severe barriers to parliament, a process condemned by opposition between resettled communities, loss of property Although officially not connected to long- health, livelihoods, land and other rights – parties as unfair. such as livestock, restricted access to grazing land standing criticisms of Ethiopia’s villagization all issues that have weakened their ability to Among those marginalized by the current and erosion of culture. While the international programme, this change in policy came in maintain their distinct cultures. At the same government are the Oromo community, which debate continues over the dam’s ecological and the wake of a multi-donor report released by time, the erosion of their traditional lifestyles constitutes the largest ethnic community in domestic impact, the livelihoods of over 200,000 the European Union, highlighting significant has undermined their collective well-being and the country, with some estimates suggesting indigenous people, including Bodi, Kwegu, problems with the Ethiopian government’s pushed them further into poverty. For many they comprise between 25 and 40 per cent of Mursi and Suri communities, risk being severely practices, as well as a lawsuit brought by an communities, such as Kenya’s forest-dwelling the population. Though socially, economically compromised. The Kwegu people, for example, Anuak man alleging that UK development aid Sengwer or the numerous indigenous peoples and religiously diverse, Oromo are united by a who live in the south-west of the country along had funded human rights violations against him residing in the Omo Valley in Ethiopia, culture shared language, also widely spoken in northern the Omo River, are facing a food crisis due to and his family in the Gambella region. is intimately linked to access to land. Land Kenya and parts of Somalia. Despite their large widespread irrigation for plantations in the area The damage caused by development-induced grabbing and forced evictions in these and numbers, Oromo have suffered a long history that has deprived them of essential water and displacement to minority and indigenous cultures other countries, often to accommodate energy of exclusion and forced assimilation by the fish supplies. in the region has been substantial. Besides the projects, conservation programmes and tourism Ethiopian government, leading to the decline of Similarly, other state-led developments have impacts of evictions from traditional lands and parks, have not only deprived them of shelter, their pastoralist lifestyle. An ongoing source of been largely implemented without consultation loss of access to grazing areas that have supported livelihoods and essential resources, but also anger is the government’s proposed expansion of or accommodation of indigenous and pastoralist pastoralists’ livelihoods for generations, it is threaten the very basis of their identity. Elsewhere the capital city of into the politically communities, causing them to lose large areas estimated that there could be an influx of as in the region, such as South Sudan, ethnic autonomous Region, which could lead to of ancestral land to foreign corporations to many as half a million workers from other parts violence and conflicts over limited resources the displacement of thousands of Oromo farmers accommodate sugar cane plantations and other of Ethiopia into planned sugar plantations in have led to the wholesale displacement of some and remove the annexed territory from Oromo investments. A recurring element in these the Lower Omo region, transforming the social communities, in the process disrupting long control. Reminiscent of earlier displacements of projects is a process of forced relocation known context for established communities such as the established ways of life. Oromo communities by the government, as well as ‘villagization’, whereby pastoralist groups are Bodi and Mursi. The government has done little as forced resettlement of other communities into resettled in makeshift villages, often far away to alleviate these pressures. While its ecological Ethiopia Oromo territory, the plan has provoked a series of from livelihood opportunities, natural resources and energy projects deprive indigenous peoples Ethiopia is a federation of nine regional states, by Oromo demonstrators, culminating in or basic services. Many instances of these of their ancestral lands, preventing them from encompassing a range of languages, ethnicities a student protest in December 2015 in which 10 have been linked with development assistance practising their cultural and spiritual traditions, and cultures. Besides a variety of indigenous people were killed and several hundred injured. programmes financed by international donors it has also marketed the unique practices of communities, including Afar and Anuak, there The government’s development policies in such as the World Bank. In January 2015, an these communities to promote tourism – a are also a significant number of ethnic groups, other parts of the country have also impacted internal report by its internal watchdog panel was situation that has frequently led to humiliating such as ethnic Somalis, who, as a predominantly heavily on some of the more marginalized leaked, reportedly identifying an ‘operational link’ or exploitative practices. Mursi and Suri people, Muslim community in the majority Christian indigenous peoples. This is particularly the case between funding provided by the World Bank for example, increasingly unable to pursue their country represent a religious minority too. In in the Lower Omo Valley and Lake Turkana, a and the forced displacement of Anuak living in traditional livelihoods, now rely on performing principle, to accommodate this diversity, the recognized United Nations Educational, Scientific the Gambella region. Further evidence emerged ritualistic dances and posing for photos for

74 Africa State of the World’s Minorities State of the World’s Minorities Africa 75 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: Members of the Endorois community in the social fabric of the community, including Kenya perform a dance. MRG. the erosion of their language and traditions that amounted to ‘cultural and extinction’. their claims. These included recognition of Maasai communities in Kenya have also their ownership of their land, restitution of suffered devastating blows to their cultural their land and compensation. In September practices due to large-scale land grabs by the 2014, the government established a Task Force government. Hell’s Gate National Park, in to develop a plan for implementation of the the Rift Valley and near Lake Naivasha, is the Commission’s decision. However, the Task traditional home of Maasai communities. The Force’s terms of reference limited its mandate area has strong spiritual and cultural significance purely to investigating whether implementation for the community; nearby Mt. Longonot is was possible, rather than how to implement the central to Maasai traditional religious practices. decision; the Endorois were not part of the Task There has already been displacement of Maasai Force and its terms of reference did not require occurring in the area, but now the government’s consultation with the community. The Task development of the US$1.39 billion Kenya Force made no meaningful progress during its 12 Electricity Expansion Project is expected to lead months of operation, and, to date, its mandate to the further resettlement of approximately has not been extended. 1,200 Maasai. This is according to World Bank Kenyan Forest Service guards have also been projections; civil society organizations fear that responsible for the forcible removal of another more people may be affected. forest-dwelling people, the Sengwer community, The joint financing of the project by the from their land in the Cherangany Hills area World Bank, European Investment Bank and of the Embobut Forest. The evictions occurred other donors, totalling US$330 million in foreign visitors to earn money. cultural . The effects of deforestation as part of a World Bank-funded conservation international development assistance, prompted and displacement have not only threatened project. The Sengwer community have been Maasai representatives to lodge an inspection Kenya their very identity, but also deprived them of engaged in legal proceedings and negotiations request to engage both the World Bank’s The five-year anniversary of Kenya’s 2010 established livelihoods. For instance, though with intergovernmental institutions in relation Inspection Panel and the European Investment Constitution was commemorated at a festive renowned for their traditional honey-gathering to their land claims. A revealing report by the Bank’s Complaint Mechanism in October 2014. event at the Gusii stadium in Kisii County techniques, many Ogiek have struggled to World Bank Inspection Panel in May 2014, while In an unprecedented step, the accountability in August 2015. Passed in the wake of the maintain these practices as they have lost their exonerating the Bank from direct responsibility, mechanisms of both organizations undertook devastating inter- that blighted access to the forest. After taking their case to the concluded that it had failed to follow the a joint investigation into the negative impact the 2007 election, it was widely lauded at the African Court on Human and People’s Rights, a ‘spirit and letter’ of its own policy by failing to of the energy project on Maasai livelihoods time for its progressive provisions, designed to provisional measure was issued in 2013 requiring safeguard the rights of the indigenous Sengwer or and way of life. In July 2015 the report was address the endemic problems of corruption, the Kenyan government to halt all land transfers mitigate the risk of violations by the Kenya Forest released, confirming that non-compliance with land grabbing and ethnic conflict within Kenyan and transactions in the Mau Forest. The case Service in the implementation of the project. In the World Bank’s Indigenous Peoples’ Policy politics. Since then, however, civil society was heard at the end of 2014, and judgment is light of the report, the World Bank scheduled a due to involuntary resettlement and inadequate organizations have repeatedly highlighted the anticipated. In the meantime, the Ogiek and meeting with representatives of Kenya’s Ministry supervision by the World Bank had caused failure to implement these reforms, resulting in organizations supporting their cause continue to of Environment, Water, and Natural Resources, widespread harm. It also concluded that this continued human rights abuses. raise awareness of their difficult situation. the International Union for Conservation of damage could have been avoided had the project’s Among those most affected by land rights Similarly, the Endorois community, a Nature (IUCN) and the Sengwer community implementers engaged in a ‘culturally compatible violations are the country’s forest-dwelling semi‑nomadic pastoralist community residing in March 2015. A week before the colloquium, consultation and decision-making mechanisms’, indigenous communities, whose ancestral near Lake Bogoria National Reserve, has however, allegations emerged of a fresh wave of further involved the community elders in territories have been appropriated by the Kenyan challenged the Kenyan government at domestic house burnings by government authorities. The planning and possessed a greater capacity to government to accommodate conservation and international levels for forced evictions from subsequent talks were condemned by Sengwer engage in the Maa language. projects, logging and commercial plantations. their ancestral land following its appropriation representatives as a cosmetic process that failed While Kenya’s indigenous peoples have One notable example is the Ogiek, who have to create a game park for tourists. In 2010, the to improve the security of the community. The been especially vulnerable to abuses relating to resided for centuries as hunter-gatherers in Endorois’ case before the African Commission Sengwer also took their case to the Paris Climate expropriation of land, some ethnic minorities the Mau Forest, a sanctuary that, besides on Human and Peoples’ Rights was decided Change Conference in December 2015, where also face other forms of discrimination. In providing food, shelter and medicine to the in their favour, and the Kenyan government they delivered a presentation highlighting the particular, the Somali community continues community, also serves as their spiritual and was required to take numerous steps to address extensive damage state policies have inflicted on to face intense scrutiny following a series of

76 Africa State of the World’s Minorities State of the World’s Minorities Africa 77 and Indigenous Peoples 2016 and Indigenous Peoples 2016 deadly attacks linked to the Somalia-based space to discuss concerns relating to security and Authority on Development, appeared to have armed extremist group, al-Shabaab. While exclusion. Crucially, too, it served as a platform limited impact and failed to halt the country’s Case study by Amina Haleem not the only attack to take place during the for ethnic Somalis to share their traditions with ongoing humanitarian crisis. It was also year, by far the deadliest incident occurred at other Kenyans – an important step in reframing undermined by Kiir’s unilateral and unexpected Garissa University on 2 April 2015 popular stereotypes about the community. announcement at the beginning of October when 147 students were killed by armed Somali that South Sudan’s internal borders would be Tanzania’s Maasai militants, who targeted campus dormitories in South Sudan redrawn to increase the total number of states in a pre-dawn raid. The government, similar to Having achieved independence from Sudan in the country from 10 to 28, with the stated aim and their loss its actions following previous violent incidents, 2011, making it the world’s youngest nation, of encouraging communities to develop villages responded with a range of security measures South Sudan has suffered bitter internal fighting through local resources. Though more of land, culture aimed at its ethnic Somali population, which since December 2013 between forces loyal of power to local states had been a key demand of include an estimated 2.5 million Kenyan citizens to President Salva Kiir and then former Vice Machar’s rebels, the move was condemned by the and heritage as well as around 444,000 Somali refugees as President Riek Machar, of Dinka and Nuer opposition for the lack of consultation preceding of December 2015. In April, the government ethnicity respectively. Tens of thousands of the decision. published a list of businesses it claimed were civilians have been killed since the outbreak The traditions of indigenous peoples, The culture of the pastoralist Maasai suspected of being associated with al-Shabaab, of the conflict, primarily by ethnic militias pastoralist communities and minority groups are community residing in Mondorosi, including many of the largest Somali-owned loyal to either side. Close to a million people in general strongly linked to the areas in which Soitsambu and Sukenya villages of Loliondo money transfer companies, followed by an order are estimated to be in a ‘catastrophic’ situation they have long resided. Cultural practices and district in northern Tanzania is rich in for them all to immediately suspend operations according to the Integrated Food Security Phase traditional knowledge, linked closely to self- inherited traditions and social practices. and an immediate freeze of their assets. On Classification (IPC), its highest ranking of food sufficiency and local livelihoods, are reinforced Indigenous to the area, they have a strong 11 April, this time aimed at the large Somali insecurity, further exacerbated by the threat of by social institutions such as the family, clan sense of identity and spiritual attachment refugee populations, Deputy Prime Minster economic collapse due to inflation. and tribe. Conflict related displacement in to their ancestral land. However, the William Ruto announced that Dabaab refugee Indiscriminate and escalating violence has South Sudan has disrupted this fragile balance, establishment of wildlife conservation camp would be closed and that all refugees resulted in sweeping human rights violations particularly affecting the country’s large areas and tourist safaris has resulted in there had three months to return to Somalia such as sexual violence, abductions, widespread pastoralist population, who depend upon their severe disruption to their way of life. Now, before they were forcibly repatriated. Though property theft and the recruitment of child herds for economic sustainability, basic nutrition the community’s struggle to maintain a the closure has so far not been implemented as soldiers by both the South Sudanese army and and social interaction. While cattle are the basis connection with their land continues amid of the end of 2015, the threats of forcible return opposition forces. Politically motivated violence of marriage contracts, conflict resolution and legal battles, aggressive globalization and greatly added to the sense of insecurity among has also divided the country along ethnic lines wealth generation, insecurity and violence – luxury tourism. the refugee population. In , meanwhile, between the primarily Dinka leadership of arising during the decades-long civil war that Pastoralism is part and parcel of their ethnic Somali neighbourhoods such as Eastleigh the government’s forces and the largely Nuer preceded South Sudan’s independence in 2011 semi-nomadic way of life, but land alienation reportedly experienced heightened levels of membership of Machar’s opposition forces, as well as the current conflict – has placed this directly affects their ability to raise livestock harassment and intimidation by police following the two largest ethnic groups in the country. system under threat. As a result, the Food and and earn a precarious living. Cattle play a the Garissa attack. However, other smaller ethnic minorities have Agriculture Organization estimated that South central role in Maasai customs as a measure of The state’s response to the Garissa attack and also been drawn into the conflict as victims of Sudan’s national herd, amounting to some 11 wealth and are frequently exchanged between other incidents has reinforced the stigmatization targeted violence. In April, for instance, reports million cattle, was at significant risk of collapse friends, family and in marriage ceremonies. of ethnic Somalis, whom many Kenyans view emerged alleging that government forces had due to displacement, destruction of traditional The land designated for conservation in their as a threat to national security. Though it is not deliberately targeted members of the Shilluk grazing lands and migration routes, as well as territory, from which they have been evicted easy to challenge these prejudices, given the role community as punishment for their perceived attendant disease outbreaks. Protracted insecurity and are no longer able to access, tends to be that many public officials play in promoting support of opposition forces. has also pushed pastoralist herders into new and the most fertile areas for grazing livestock. them, some civil society organizations and Though a peace deal was brokered in unfamiliar areas, at times leading to tensions They are also unable to access important Somali groups in Kenya have undertaken various February 2015 between the factions, the between them and settled communities. The water sources and plants to create traditional initiatives to counter their misrepresentation. Cabinet passed a resolution postponing general situation prompted Kiir in April 2015 to medicines and treat diseases. The fact that One example during the year was Somali elections and extending the tenure of Kiir’s issue an order to cattle herders in Central and they cannot utilize their medicinal practices Heritage Week, staged in November in Nairobi parliamentary term until July 2017, effectively Western Equatoria to return to their home areas means that this aspect of their cultural and incorporating seminars, art exhibitions, annulling the provision within the agreement to following complaints from sedentary farmers knowledge may disappear. dance and musical performance. This event jointly establish a transitional unity government about the destruction of their crops. The herders, Maasai have had ongoing land disputes provided Somalis living in the capital and with a 30-month term. Another peace agreement who had reportedly fled several years prior with the Tanzanian government for over 30 elsewhere with an opportunity to celebrate their signed in August, after months of negotiations due to constant attacks by a primarily ethnic years. In the 1980s, 10,000 acres of Maasai culture together as a community, as well as a safe mediated by the regional Intergovernmental Murle faction of rebels known as Cobra, were

78 Africa State of the World’s Minorities State of the World’s Minorities Africa 79 and Indigenous Peoples 2016 and Indigenous Peoples 2016 pastoral land was sold to Tanzania Breweries initiated legal proceedings in 2010 based on an – the majority of the decision favoured the drawn from different ethnic groups and were Limited (TBL) to cultivate and . adverse possession land claim in domestic courts defendants. No actual damages were awarded reportedly also competing with each other for Although the Maasai villages were offered no against TBL and TCL. Not only did they seek to the Maasai, who remain prohibited from access to grazing land and water – a situation compensation and were not consulted regarding to reclaim the land they once held, they also entering the land to use its resources. The that had led to an escalation of raids between the land transfer, they were not prohibited from sought an injunction against land development villagers are appealing the decision and hope Dinka and Mundari herders in particular in the accessing most of the land to graze and water for tourism pending the court’s decision on the to resolve this dispute in their favour. months before. However, several groups refused their livestock as TBL only used around 700 acres merits. Unfortunately the Maasai’s application In the meantime, Maasai continue to to comply, citing lack of security, and tensions for cultivation. For 19 years the arrangement was dismissed on procedural grounds in 2013, suffer the effect of discriminatory state remained unresolved. These came to a fore in continued and the Maasai community retained its but the community re-lodged their case the same policies. Elsewhere in Loliondo, the early January 2016 when friction between ethnic customary ownership of the land. This situation year, requesting the court to revoke the tourism community experienced further evictions, Dinka Bor cattle herders and farmers from the ended in 2006, when TBL sold the entire acreage company’s illegally granted land title and award with dozens of homes burned to the ground Bari community erupted into violence, leaving plus an additional 2,617 acres to Tanzania damages for the suffering endured as a result of and numerous Maasai injured by Tanzanian five dead and thousands temporarily displaced. Conservation Limited (TCL), the Tanzanian their land exclusion. police during 2015. Alongside the loss These incidents reflect the fact that South Sudan’s subsidiary of US-based tourism company The case was pending until October 2015 of homes and livelihoods, the struggle to instability, while greatly exacerbated by the recent Thomson Safaris. when the Maasai community suffered a transmit the intangible aspects of cultural conflict, is also rooted in competition over scarce Since that time, the community has been disappointing loss. Although the Arusha High knowledge and sacred practices to younger resources. denied access to over 12,000 acres of land on Court acknowledged that 2,617 acres of the generations remains a very real concern – not By the end of 2015, after stalled attempts to which they have historically grazed their cattle disputed land were indeed unlawfully acquired only in Loliondo, but right across Maasai broker a lasting peace agreement and continued and sustained their traditional livelihood. – it being added on to the 10,000 acres in the territories in Kenya and Tanzania. fighting by militias from both sides, the prospects With international support, the Maasai villages most recent land transaction without consent And while the Maasai people’s identity is for an end to the conflict looked unpromising. under increasing threat, companies have been In what was considered a potential step towards profiting from Maasai imagery by associating reunifying the country, Kiir issued a decree in their products with the indigenous February 2016 reappointing Machar as Vice community to promote sales. From Land President; he made his return to the country’s Rover to Louis Vuitton, an estimated 80 capital contingent upon its demilitarization. companies are currently using the Maasai Whether these apparently conciliatory measures name and/or imagery. Maasai receive no represent the beginning of greater stability in benefit from the millions of dollars in South Sudan remains to be seen. revenue earned from this exploitation; the vast majority live below the poverty line. Furthermore, the unique visual artistry and heritage of Maasai is often misused in its Central commercialization: for example, Maasai are sensitive about the portrayal of their bodies and jewellery because beads and colours and West have distinct meanings, which, if portrayed inaccurately, can be deeply offensive. Over the last few years, Maasai activists have made Africa efforts to form a general assembly of elders to represent them in formal negotiations Paige Wilhite Jennings with such companies in order to safeguard their culture through intellectual property The year 2015 was a pivotal one in Central and protections – an important step in the , with elections in Nigeria and in community’s efforts to regain control of the Central African Republic (CAR) in which their lives. ■ ethnicity and religion were major issues. In Guinea, where political contests have in the past heightened ethnic tensions, incumbent Left: Maasai women in Mondorosi village, Alpha Condé secured re-election in October Tanzania. Carla Clarke/MRG. amid concerns about rising ethnic tensions ahead of the elections. In Burundi, President

80 Africa State of the World’s Minorities State of the World’s Minorities Africa 81 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Pierre Nkurunziza won elections that many Right: A camp for internally displaced people, claimed violated the terms of the Arusha Peace mostly Muslim civilians, in CAR. Agreement, setting off a spiral of violence. In UNHCR/S. Phelps. Rwanda, voters backed efforts to amend the Constitution to ensure that President Paul winning elections in 2005 and 2010. After Kagame can remain in office after 2017, and the announcement of his re-election bid, both in the Republic of Congo a constitutional Hutus and took to the streets in protest. referendum, reportedly preceded by a campaign Tensions increased further after a failed May of intimidation of the opposition, approved coup attempt by some members of the army, measures to abolish term limits and upper age which had historically been dominated by the restrictions, paving the way for the incumbent minority but since Arusha had undergone President Denis Sassou Nguesso to remain in extensive ethnic integration. Security forces, state power. officials and members of the militia, the youth Ongoing conflicts involving minority groups league of the predominantly majority Hutu continued in the CAR and in parts of eastern CNDD-FDD, launched an aggressive crackdown Democratic Republic of the Congo (DRC). on media, civil society, protesters and members of Conflict spread southwards from northern the opposition, both Hutu and Tutsi. Nkurunziza Mali, towards its borders with , went on to win national elections held in July, Mauritania and Côte d’Ivoire and even over the widely condemned by international observers as border into Burkina Faso. Conflict also displaced neither free nor fair. 2.5 million people in the Lake Chad Basin as In the run-up to and after the elections, experts Boko Haram expanded its areas of operation expressed concern at inflammatory rhetoric on from Nigeria further into Chad and Cameroon, both sides. UN Special Adviser on the prevention at times impacting on relations between ethnic of genocide Adama Dieng noted that some opposition-supporting Tutsi neighbourhoods among young people of different ethnicities and and religious groups in the affected regions. was ‘very similar to language used before and killed after being taken into custody during had promoted training on , human during the genocide of the Tutsis in Rwanda’. house-to-house searches by security forces in the rights and the ‘promotion and protection of He expressed concern that both government aftermath of the attacks. By the beginning of the diversity of cultural expressions’. In 2014 officials and key figures in the mixed-ethnicity 2016, at least two new armed opposition groups UNESCO inscribed Burundi’s ritual dance of opposition appeared to be trying to exacerbate had reportedly formed with the stated aim of the royal drum on its Representative List of the ethnic tensions in order to set Hutus and ousting Nkurunziza. Intangible Cultural Heritage of Humanity. This Burundi Tutsis against each other once again. At his On 18 December, based on the findings of centuries-old cultural practice, used to mark In Burundi, following years of civil war that August inauguration Nkurunziza announced an an assessment mission sent to Burundi with seasonal changes and commemorate key events, began in 1993, the Arusha Accords, which amendment to the law on religious groups and the president’s approval, the ’s pre-dates the colonial era and the divisive ethnic were signed in 2000, have provided a platform non-governmental organizations to limit their (AU) Peace and Security Council invoked for distinctions imposed on Hutus and Tutsis as the for peaceful power-sharing between Burundi’s involvement in public and political matters, the first time provisions allowing it to intervene basis of Belgian rule: as such, it offers a symbol of ethnic Hutu majority and its long-dominant undermining post-Arusha gains in building a in a country without permission given grave a more peaceful collective past. Tutsi minority, who comprise 14 per cent of cross-community culture and civil society. circumstances. It authorized deployment of a the population. The extreme marginalization Unlawful killings, and repressive 5,000-strong military mission to protect civilians Central African Republic of the indigenous Batwa, representing less than measures against civil society escalated following and preserve the gains made by the Arusha Since 2013, CAR has been consumed by violence 1 per cent of the population, remained largely the election, as did attacks by armed opposition Accords. However, the government refused to between primarily Christian and Muslim militias, unaffected by the settlement. forces. The United Nations (UN) reported in allow the AU troops into Burundi, prompting resulting in an increasingly sectarian environment In April 2015, Hutu President Pierre mid-December that at least 340 people, including the AU to cancel deployment and instead focus where civilians have been targeted on the basis of Nkurunziza announced his controversial decision both Hutu and Tutsi, had been killed in on supporting regional mediation efforts. By their religious identity. The conflict began with to stand for re-election for a third term, which politically motivated violence. Scores were killed the end of the year, UN High Commissioner the formation of an alliance (Séléka) of largely many saw as a violation of the provisions of the in early December following a series of armed for Refugees (UNHCR) reported that nearly Muslim fighters in the north who, angered Arusha Accords. Nkurunziza had led the largest, attacks on military installations in Bujumbura: 233,000 Burundians had fled to neighbouring by what they perceived as the government’s primarily Hutu rebel movement, subsequently while authorities described them as ‘enemies’, countries since April. marginalization of their region, moved south restructured as the National Council for the intimating they had all been combatants, Building on the Arusha framework, before the towards the capital of Bangui and ousted then Defense of Democracy-Forces for the Defense a significant number of the casualties were April unrest UNESCO and others had worked President François Bozizé in March 2013. of Democracy (CNDD-FDD) party, before reported to be unarmed civilians from primarily to facilitate non-violent conflict resolution Widespread human rights abuses, mostly targeted

82 Africa State of the World’s Minorities State of the World’s Minorities Africa 83 and Indigenous Peoples 2016 and Indigenous Peoples 2016 at Christian civilians, were committed during hostile militias. by combatants. The Dzanga-Sangha National region in the aftermath of the 1994 Rwandan the Séléka campaign and continued even after Despite the continued deterioration in security Park, part of the World Heritage-listed Sangha genocide, eastern DRC has been particularly their , Michel Djotodia, took power as the during 2015, some positive efforts were made Trinational forest located in the Ba’’s unstable. Here, up to 70 armed groups – many country’s new president. In response, a group of during the year to bring an end to the conflict. traditional home region of south-western CAR, of them reportedly recruiting along ethnic lines armed animist and Christian militias, known as In May, local leaders from different regions, suffered incursions by armed groups in 2013. among the highly diverse population – fight ‘anti-balaka’ (‘anti-machete’), were formed and by and ethnicities, including some from Even before the start of the current conflict, for control of lucrative natural resources such the end of the 2013 had staged a series of reprisal the and refugee populations, took part UNESCO called attention to the fact that as gold, tin, tungsten and tantalum, vital to the attacks against Muslim civilians in Bangui. in the Bangui Forum on National Reconciliation the Ba’Aka people’s lifestyle and culture were electronics industry. Following Djotodia’s resignation in January and agreed a set of recommendations on under threat: ‘The scarcity of game resulting DRC and UN military efforts to combat 2014, anti-balaka extended their attacks to other governance, justice, stability and development, from deforestation, the rural exodus and the the largest armed groups remaining after the Muslim communities, resulting in numerous issued as the Republican Pact for Peace, National folklorization of their heritage for the tourist 2013 dismantling of the M23 group continue. deaths and large-scale displacement. Though Reconciliation and Reconstruction. In June industry are the principal factors contributing Despite the arrest in April of the leader of the the Muslim population has borne the brunt of an innovative law laid the groundwork for a to the gradual disappearance of many of their Allied Democratic Forces (ADF), the group has the violence since then, groups of ex-Séléka have hybrid Special Criminal Court to address abuses traditional customs, rituals and skills.’ The continued to carry out attacks and massacres also been responsible for numerous atrocities committed during the conflict. Nevertheless, polyphonic singing of the Ba’Aka, with its around Beni, North Kivu. DRC military efforts against Christian civilians. Territorially, the these measures failed to prevent an upsurge in accompanying music and dance, has been are also ongoing against the predominantly Hutu CAR is now roughly partitioned between areas violence later in the year, beginning with an inscribed on UNESCO’s Representative List of Democratic Forces for the Liberation of Rwanda under the control of the Christian/animist anti- attack around the Kilometre 5 (PK-5) Muslim Humanity’s Intangible Cultural Heritage. (FDLR), responsible for numerous human balaka militia groups largely responsible for the in Bangui in September and a series of rights abuses against civilians, particularly those displacement of the Muslim population and areas other incidents in the capital that killed around Democratic Republic of the Congo belonging to ethnic groups considered as rivals under the control of Muslim ex-Séléka. 100 people and displaced another 50,000. The DRC is extraordinarily multicultural, with of Hutus. Before the current conflict began, roughly 15 In November, Francis visited the PK-5 as many as 250 ethnic groups and up to 700 Manono and Nyunzu territories in the per cent of the national population were Muslim. district and other sites, and called for an end distinct languages or dialects across its vast eastern Katanga province saw continuing Besides pastoral farmers and herders – including to sectarian violence, but conflict continued in territory. As elsewhere, in the DRC regional violence between ethnic Luba, a majority Bantu nomadic Muslim cattle-herding minorities such various areas around the country. As a result, a and ethnic identities have frequently been group, and members of the Batwa indigenous, as Mbororo (also known also as Fulbe, Peuhl, constitutional referendum and elections initially mobilized for political ends. Consequently, traditionally hunter-gatherer people. Both sides Fula or Fulani) living mainly in the north-east, slated for October 2015 were postponed until while the presidential elections currently were accused of attacking civilians. The conflict at roughly 4 per cent of the national population December. After some debate refugees were scheduled for November 2016 could provide is rooted in social inequalities between the – many other Muslims belonged to a more permitted to vote, though the registration an opportunity for the first peaceful democratic historically marginalized Batwa – their culture urban-based merchant class. Both groups have process reportedly only reached around a transfer in the DRC’s history, they could also and way of life under increasing pressure due to seen their lives and livelihoods disrupted or quarter of those living in camps in neighbouring pose significant risks for the country’s minorities deforestation and the expansion of agricultural destroyed by the conflict. In Bangui the Muslim countries, leaving many of the largely Muslim and indigenous peoples. Incumbent Joseph lands – and the more privileged Bantu. population had diminished from over 100,000 to refugee population unable to participate. The Kabila is constitutionally barred from seeking a The traditional forest homes of eastern DRC’s under 1,000, less than 1 per cent of the original referendum, which included the imposition of third consecutive term, but opposition parties indigenous hunter-gatherers have in several cases population, while in the country as a whole a two-term limit for presidents, passed despite and some civil society groups warn that he may been named World Heritage Sites; this is the case, around 80 per cent of the Muslim population low voter turnout and other issues. Presidential try to retain power illegitimately, for instance for instance, for Bambuti / Mbuti peoples in and had reportedly already left the country by mid elections were subsequently held on 30 by delaying the polls. Already, some Kabila around the Okapi Wildlife Reserve and Batwa 2014. By the end of 2015, an estimated 453,500 December, although legislative elections the same opponents have reportedly been subjected to peoples in Virunga and Kahuzi-Biega National people had fled to neighbouring countries, day were deferred due to irregularities. Faustin- intimidation, arbitrary arrest and summary Parks. While indigenous peoples’ rights should the large majority Muslim, among them many Archange Touadéra, prime minister under Séléka- execution, while opposition protests have at times be met along with the demands of environmental nomadic pastoralists and their herds whose arrival ousted President François Bozizé, was declared been met with disproportionate use of force by management, conservation programmes have among more sedentary, primarily Christian winner of the February 2016 run-off election in a security forces as well as members of the youth often had a negative impact on communities populations in neighbouring Cameroon and result endorsed by the constitutional court. league of Kabila’s party. in these areas. For Batwa in Kahuzi-Biega, other countries of asylum has led to profound The CAR’s indigenous forest-dwelling, The continued proliferation of militias has since its designation as a national forest in the shifts in the character of some host communities. hunter-gatherer Ba’Aka people, who make up created chaos in some areas of the country, 1960s, the community has been evicted from In addition, around 470,000 people were less than 1 per cent of the national population, uprooting entire communities. As of the end much of their ancestral lands, bringing an end believed to be internally displaced within CAR have historically faced discrimination and of 2015, there were approximately 1.5 million to traditional hunting practices and resulting in by the end of the year. This included around marginalization. With the onset of violence in internally displaced people and another 500,000 malnourishment, poor health and deep poverty. 36,000 people, predominantly Muslim, trapped late 2012 some members of this community stranded in neighbouring countries as refugees. With the outbreak of conflict in 1994 their in enclaves across the country, surrounded by were reportedly among those targeted for attack Since the outbreak of conflict in the Great Lakes situation became even more precarious and they

84 Africa State of the World’s Minorities State of the World’s Minorities Africa 85 and Indigenous Peoples 2016 and Indigenous Peoples 2016 were subjected to attack by armed groups in and contributed greatly in recent years to a damaging under government-approved concessions. outside their traditional forest homes. polarization of the country along geographic, Case study by Paige Wilhite Jennings Commercial logging reportedly claims These pressures have only intensified with religious and ethnic lines. an estimated 2,000 square kilometres of the continued deterioration in security in many October saw the first polls since 2010, when forest each year, with close to one-fifth of areas and the depredations of armed poachers. the refusal of then-incumbent president Laurent A way of life Cameroon’s total forest cover lost between Over the last two decades all five of the DRC’s Gbagbo – a southern proponent of ‘Ivorité’ – to 1990 and 2010 to logging, commercial World Heritage Site national parks – four of recognize northern Muslim Alassane Ouattara’s under threat agriculture and the Chad–Cameroon oil which are in eastern DRC – have been inscribed victory led to five months of political violence, pipeline. on the List of World Heritage in Danger, due at times waged along ethnic and religious lines. for Cameroon’s The state has forcibly removed indigenous in part to conflict-induced mass displacement Gbagbo was eventually forced out, and January peoples from forest areas to make room of people into the park and their impact on 2016 saw the opening of his trial, with that indigenous peoples for these and other projects, commonly wildlife. During 2015, the parks continued to of his associate Charles Blé Goudé, before the ‘resettling’ them in unfamiliar environments face militia attacks on rangers and by International Criminal Court on charges of where they are vulnerable to poverty, armed groups such as the Lord’s Resistance Army. crimes against humanity. Cameroon is an immensely diverse country, discrimination and exploitation. Displaced The illegal trade in ivory and other animal parts The run-up to the October elections saw some with over 250 ethnic groups and almost as into camps and villages on the outskirts of has sustained considerable violence in forest areas, clashes between government and opposition many languages. Indigenous forest-dwelling the forest, these communities are unable placing their indigenous inhabitants at risk not supporters, many of whom reportedly felt hunter-gatherer communities like the Ba’Aka, to practise their traditional livelihoods, only from armed groups but also forest rangers. marginalized by the naming of northerners Bagyeli, Bakola and Bedzam – who together or access essential food sources or forest Groups concerned with indigenous peoples’ to many key posts and the failure of judicial comprise less than 1 per cent of the population products. Furthermore, they are habitually rights have continued to insist, however, that prosecutions for crimes committed during the – are believed to have been the first to denied any form of compensation, as they conservation and wildlife protection efforts must 2010–11 conflict to extend to supporters of populate the southern tropical forests. Though do not officially own the land from which not in any way be used to suppress the legitimate the government as well as its opponents. The Cameroon’s Constitution specifically mentions they have been evicted. hunting and other activities of indigenous elections, largely peaceful and declared free and the state’s obligation to protect indigenous The estrangement of indigenous peoples. fair by observers, were nevertheless won in the peoples’ rights, there is a lack of understanding communities from the forest is damaging first round by incumbent Ouattara. about what specifically these rights are. Due to at every level. Their nutrition levels fall In western Côte d’Ivoire, inter-communal poverty and lack of access, many indigenous as they are unable to hunt and gather as tensions over land between ‘native’ landowners people do not have birth certificates or identity before; their health suffers as, excluded West Africa and those they perceive to be migrants or documents, effectively excluding them from from mainstream health services by poverty immigrants continued during the year. Up basic services such as health and education. and lack of identity documents, they Côte d’Ivoire to 300,000 people still remained internally The legal and administrative framework in are denied access to forest remedies for Côte d’Ivoire has over 60 ethnic groups, with displaced in 2015, following the violence Cameroon does not recognize hunter-gathering their illnesses and injuries. They are also diverse histories and identities. Past decades have of 2010–11; some of them, mainly Gbagbo as a basis for official land ownership, and prevented from passing on their skills and also seen a significant inflow of immigrants from supporters of Guéré ethnicity, have found land that is not privately owned is considered knowledge of forest life to their children, neighbouring countries, many of them Muslims, themselves dispossessed upon their return, state property. There is no legal recognition of resulting in a devastating loss of traditional drawn by the country’s relative affluence. Today as their land has been occupied by Ouattara indigenous peoples’ rights. knowledge and culture; their language an estimated 35 per cent of the population supporters. The UN has worked with local To make matters worse, over recent decades and religion, both intimately linked to are Muslim, based largely in the north of the leaders to support traditional dispute resolution Cameroon’s tropical forests have been much the forest, are thereby weakened. Finally, country, while another 35 to 40 per cent are mechanisms. In addition to customary law, reduced, with the authorities all too often the rupture resulting from these factors Christian and mostly reside in the south. The there is a statutory law applicable to rural land allocating forest land to private and public contributes to high levels of alcoholism and remainder of the population hold traditional disputes, but observers have expressed concerns interests without meaningful consultation other social ills. beliefs. Ethnicity and religion have become that it is complex and difficult to implement. In with residents. The 1994 Forest Law (recently In recent years some localized access increasingly intertwined in the country’s political July 2015, the government issued a draft land revised to provide a measure of indigenous rights have been agreed for indigenous discourse due to the emergence, beginning in policy meant to simplify application of the law consultation and some recognition of peoples in ‘community forests’ in a few the mid-1990s, of the xenophobic concept of and announced plans for public consultation on traditional practices such as hunting) and the protected forest areas, but the overarching ‘Ivorité’ – an that gives precedence this important topic. 2001 Mining Law encouraged the opening framework has not changed: the state still to ‘native’ over perceived ‘foreign’ citizens. In UNESCO is supporting Côte d’Ivoire’s of Cameroon’s land to commercial concerns, does not recognize, guarantee or protect practice, to its adherents ‘foreigners’ have come to efforts to inventory its intangible cultural including foreign companies, in the name indigenous peoples’ ownership rights over include not only immigrants but anyone from the heritage. Elements of the culture of parts of the of economic development, with companies their forests and the resources they contain. predominantly Muslim ethnic Northern Mandé predominantly Muslim Senoufo minority – one exploiting its natural resources on a large scale Furthermore, indigenous and other local or Senoufo minority groups. This discourse has of the groups stigmatized and disenfranchised

86 Africa State of the World’s Minorities State of the World’s Minorities Africa 87 and Indigenous Peoples 2016 and Indigenous Peoples 2016 communities have seen their access to the under ‘Ivorité’ –has received particular attention, groups. Some Islamist groups continued to to return the Festival au Désert music and arts remaining protected forest areas severely figuring in both of Côte d’Ivoire’s entries on the operate and carry out attacks. The June 2013 festival to , have involved a range of restricted in the name of conservation. Representative List of the Intangible Cultural Ouagadougou peace agreement and subsequently community actors and are helping to heal rifts According to some reports, anti-poaching Heritage of Humanity. One important minority attempted accords were not fully implemented, and restore social cohesion. In 2015, Timbuktu’s patrols of park guards – working at times cultural element is the cultural practices and particularly in contested areas of the north, and mud masons completed restoration of all 14 of alongside state security forces – have expressions linked to the , a musical suicide attacks and ambushes against UN troops the destroyed mausoleums, and work on the subjected indigenous people caught while instrument of Senoufo communities in Côte and civilians continued throughout the country. other damaged sites is continuing. Meanwhile, sustainably hunting and gathering, even d’Ivoire along with neighbouring Burkina Faso By the end of 2015 many civilians were still UNESCO is supporting efforts to preserve outside of park boundaries, to harassment, and Mali. The other is the Gbofe performance, uprooted as a result of insecurity within Mali, additional ancient manuscripts smuggled out arrest or ill-treatment. For its part, UNESCO using traditional horns, of the Tagbana with more than 139,000 Malian refugees in of Timbuktu by the local population in 2012 maintains that it values indigenous people’s community, a southerly branch of the Senoufo Burkina Faso, Mauritania and Niger and almost to prevent their destruction. Former Ansar presence in the World Heritage Site forests – group. 62,000 others displaced internally. Dine leader Ahmad al Faqi Al Mahdi appeared the Dja Faunal Reserve and Lobéké National In June 2015 the Coordination of Movements before the International Criminal Court (ICC) Park, which with Dzanga-Ndoki National Mali for (CMA), an alliance of Tuareg in September on charges of ‘war crimes of Park in the Central African Republic and While 90 per cent of Mali’s population is and Arab-led rebels, signed a peace deal with intentionally directing attacks against historic Nouabalé-Ndoki National Park in the Muslim, with the remainder subscribing to the Malian government. However, insecurity, monuments and buildings dedicated to religion, Republic of Congo make up the Sangha (4 per cent) and traditional religions including fighting between the CMA and including nine mausoleums and one mosque’ – Trinational forest – and recognizes their (6 per cent), it also includes considerable ethnic pro-government militias, has continued in the the first time in the ICC’s history that war crimes right to hunt and gather on the reserve in diversity. The two largest minority groups are north, culminating in August with a significant against cultural heritage have been the primary their traditional manner, while prohibiting Peuhl (also known as Fula or Fulani), amounting breakdown in the ceasefire as the two forces focus of an international criminal proceeding. agriculture and commercial hunting. to 14 per cent of the population, and Tuareg battled over the town of Anéfis, region. In Not only are the rights of Cameroon’s and Maure who make up another 10 per cent. October the two sides endorsed a joint road map Mauritania indigenous peoples to their ancestral lands In recent years, these differences have been the including an agreement for cessation of hostilities Despite being legally abolished for decades, indisputable, but also the considerable source of violent conflict in the country. Some and joint initiatives towards reconciliation. persists in Mauritania to this day, benefits they bring through their sound Tuaregs, spurred by political marginalization and However, violence, including attacks on primarily perpetrated by members of Mauritania’s use of the environment – in sharp contrast poverty in the north, their home region, and humanitarian staff, state officials and UN White Moor ethnic group against ethnic to the extractive industries and large-scale aspiring to a separate Tuareg state, Azawad, had personnel, has spread from the north into central Haratines. In 2014 the UN Special Rapporteur plantations that have displaced them in many been in low-level conflict with the government Mali and further south. Some of it has been on contemporary forms of racism, Mutuma areas. Ba’Aka and other forest communities since the 1990s. A Tuareg offensive in early 2012 attributed to extremist groups present before Ruteere, indicated that an estimated 50 per cent rely on dead wood for and curing was joined, and came to be dominated by, largely the French-led intervention, as well as to a of Haratines live in conditions of slavery. The meat, for example, and their hunting and foreign Islamist extremist groups. It eventually newly emerged Islamist armed group, Macina system is largely hereditary: those born into gathering is low-impact and sustainable, as gained two-thirds of Mali’s territory, and all sides Liberation Movement. Following an extremist slavery are under direct control of their ‘masters’, proved by the continuation of these practices committed grave human rights abuses. Islamist attack in November in which 20 people, many receive no pay for their work, are not permitted for generations in flourishing natural habitats groups at times imposed harsh law on the areas of them foreigners, were killed in a luxury hotel to leave and are vulnerable to abuses, including before the advent of mining and agro- under their control and destroyed key cultural in the capital Bamako, Mali imposed a state denial of access to basic services, forcible industrial developments. Besides respecting monuments in places such as Timbuktu. of that at the end of the year was separation from family, ill-treatment and sexual the seasons and the breeding periods of In January 2013, Mali’s interim President extended to March 2016. assault. Due largely to failures in enforcement by wildlife, their communities are semi-nomadic, Dioncounda Traoré requested that France The deliberate destruction by police, judicial officials and others in authority, resulting in only localized and temporary intervene, and the joint counter-offensive was extremists, themselves followers of the Salafi a 2007 law criminalizing slavery and slavery-like woodland clearance. At a time in human broadly successful in dislodging the jihadist school of Islam, of mosques, mausoleums, practices resulted in only one conviction. In that history when biodiversity everywhere is under groups, reclaiming territory and imposing state shrines, ancient manuscripts and other objects case the sentence handed down fell below the unprecedented threat, the way of life of the control. However, Mali’s Tuaregs and , associated with Sufi Islam after they took control minimum specified by law and the appeal against Ba’Aka and other indigenous communities perceived due to their ethnicity as having of World Heritage Site Timbuktu in 2012 has its leniency is still pending four years later, while offers important lessons on how to safeguard been likely supporters of the rebels, were at drawn global attention. Mali’s intangible cultural the convicted slave owner has been freed on bail. the irreplaceable heritage of the world’s times targeted by both security forces and heritage is immense and diverse, including, to In September a new law was approved, natural forests. ■ pro‑government self-defence militias; members of date, eight elements listed by UNESCO and stiffening penalties for perpetrators and officials the Tuareg separatist group National Movement drawn from a cross-section of Mali’s numerous who fail to investigate claims of slavery. It also for the Liberation of Azawad (MNLA) were also ethnic groups, including the Tuareg, Peuhl and broadened the definition of slavery to include responsible for abuses as the violence further other minorities. Timbuktu-based efforts to practices such as indentured servitude and created exacerbated existing divisions between ethnic revive and stimulate cultural life, including plans the opportunity for human rights organizations

88 Africa State of the World’s Minorities State of the World’s Minorities Africa 89 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: man in Mauritania. MRG. continued to launch regular attacks, particularly on soft civilian targets, including two days of is particularly prone to inter-communal clashes, violence in early July in Borno State that killed with 2015 being no exception: in April, for nearly 200 people in mosques and civilian example, at least 23 people were killed by homes, with similar attacks continuing until the suspected armed Fulani herdsmen as a result year’s end. A growing number of Boko Haram of a protracted feud between herders and local suicide bombings targeting areas such as markets, farmers. As they are not considered ‘native’, mosques and bus stations were carried out by despite many having been in the area for women and children. The violence resulted in decades, Fulani receive inferior treatment under an estimated 800,000 newly displaced between local legislation. June and the end of August, bringing the total Before the 2015 elections, the presidency of internally displaced in Nigeria to over 2.1 had been retained for 16 years by southerner million. UNHCR recorded in 2015 an additional Goodluck Jonathan’s party, leading to some 170,000 Nigerian refugees in neighbouring northern claims of exclusion. Initially scheduled countries. for February, the polls were postponed until Boko Haram has also had a devastating impact March due to security concerns. After what on the cultural heritage of minority communities, observers termed a generally peaceful and such as the Sukur people in Adamawa state transparent contest, President Jonathan, from the and their Sukur Cultural Landscape, which country’s southern Niger Delta region, conceded was inscribed as a UNESCO World Heritage defeat to Muslim northerner Muhammadu Site in 1999. The Sukur Cultural Landscape Buhari of the All Progressives Congress. This was comprises the Palace of the Hidi (or chief), dry the first time a Nigerian opposition leader had stone terraces and paved walkways dating back meeting certain criteria to bring cases on persisted in the country and accused rights won an election. centuries. Most importantly, the complex was the behalf of victims. However, there is still no groups of ‘sowing hatred and division’ between One of Buhari’s first major steps after being setting for regular festivals and ceremonies – a mechanism for victims to bring a civil suit against ethnic groups for addressing events around the sworn in was to move the military command living cultural and spiritual heritage. Boko Haram perpetrators or for the level of support and expulsion and exclusion of tens of thousands of centre for the fight against Islamist insurgency attacked the area at the end of 2014, killing compensation to victims recommended in 2010 black Mauritanians in the late 1980s. Boko Haram from the capital to the men, and abducting women and children. They by Gulnara Shahinian, then Special Rapporteur group’s birthplace in Maiduguri, Borno State. destroyed crops and then sabotaged buildings by on contemporary forms of slavery. The new law’s Nigeria As over time the armed group has extended its burning the thatched roofs and damaging granary success will, like the old, depend on the extent to Nigeria is an exceedingly diverse country, with operations into neighbouring Cameroon, Chad covers – thereby threatening any remaining food which it is enforced. some 250 ethno-linguistic groups distributed and Niger, in response Nigeria has intensified reserves of the community. Centuries-old patterns Those who fight to raise awareness of slavery across 36 federal states. At state level, efforts with these countries, as well as Benin, of land use had already been made vulnerable and other forms of marginalization affecting original ‘native’ groups are given preferential to establish a previously agreed AU-backed with the arrival of thousands of displaced to the Haratines continue to come under official pressure. treatment over other groups considered to be Multinational Joint Task Force to fight Boko area. Among those targeted is anti-slavery activist Biram ‘immigrants’ or ‘’, at times leading to Haram across national borders. Nevertheless, Another ongoing source of division within Ould Dah Ould Abeid, convicted with two others tension, competition and inequalities. Broadly, Boko Haram fighters remained active throughout Nigeria, at times fuelling inter-ethnic conflict, in January 2015 and sentenced to two years’ Nigeria’s south is wealthier and possesses more the year, beginning in January with a determined is the inequitable allocation of oil revenue and on various charges, including taking resources than the poorer and predominantly assault on Maiduguri and a massacre in Baga the environmental damage associated with its part in an unauthorized rally and belonging to Muslim north. In the area between the two, the town, in the northern Borno State, that according extraction. Ogoni and other minorities based in an illegal organization. All three were arrested in Plateau and Kaduna states of Nigeria’s Middle to estimates may have the Niger Delta, in particular, have seen their November 2014 for attending a peaceful protest to Belt, ‘native’ ethnic groups are predominantly killed as many as 2,000 civilians. Following a lands devastated and their culture weakened by the raise awareness of land rights for former slaves and Christian while Muslim Hausa-Fulani groups joint offensive by Nigeria and Chad to regain impacts of soil and water contamination, making other Haratines. The decision provoked protests in – even those who have lived in the area for control of border areas in the north under Boko traditional farming and fishing impossible. Local Nouakchott, the Mauritanian capital, prompting generations – are considered ‘settlers’. Many Haram control, Boko Haram reportedly carried communities have struggled for years to receive police to use tear gas to disperse supporters who ‘natives’ are sedentary farmers who have come out reprisal attacks against members of the Shuwa denied compensation, clean-up, their share of oil condemned the ruling. into increasing conflict with Fulani Muslim Arab minority in the north, accusing them of profits and a say in decision‑making. A tentative On the occasion of Mauritania’s independence nomadic pastoralists driven south by climate supporting the Chadian military. It also declared sign of progress during the year, however, was day, at the end of November, President Mohamed change‑induced desertification in search of allegiance to Islamic State (IS). the announcement by Buhari’s government Ould Abdel Aziz publicly denied that slavery grazing for their herds. As a result, this region Despite losing territory, Boko Haram in August of the creation of a trust fund for

90 Africa State of the World’s Minorities State of the World’s Minorities Africa 91 and Indigenous Peoples 2016 and Indigenous Peoples 2016 affected communities to provide the estimated 1908, German authorities undertook a systematic overlooked. Only English and Setswana are US$1 billion required to decontaminate the area, campaign against Nama and Herero tribespeople Case study by Keikantse E. Phele officially recognized and used in Botswana. though concerns remained about the willingness that saw more than 65,000 people killed. While Historically, the Wayeyi tribe was of Shell and partner companies to contribute their Germany apologized formally in 2004, it has enslaved by Batawana, one of the eight necessary share. yet to acknowledge its actions as genocide or major groups, and were then subjected to provide compensation, though progress in The long struggle forced assimilation. Yet now Wayeyi are ongoing negotiations for formal reparations to campaigning for self-determination and the descendants of the victims was made during of Botswana’s greater recognition of their traditional the year when Norbert Lammert, President of leaders. In recent years, this battle has Southern Germany’s parliament, acknowledged that the Wayeyi for been fought through the law courts as massacres would today be classified as genocide. Wayeyi have sought to address their legal Africa Another area where colonial abuses continue recognition discrimination. In 2001, community to affect communities today is ancestral land members made an application to the High Amina Haleem and rights. Hai//om San, for example, were forcibly Court of Botswana, in Kamanakao and Keikantse E. Phele removed from Etosha National Park six decades Botswana’s Wayeyi, based in and around the others vs. Attorney General and Others, ago and have not benefited economically from Okavango Delta and Ngamiland areas, are challenging specific provisions of the ’s minority and indigenous the tourist activities now taking place there. In believed to have first settled there during the and the 1987 communities still struggle with the legacy of 2015, the community launched a legal claim to eighteenth century. Despite their long‑standing Chieftainship Act that supported the the region’s colonial past and the concentration access the park and control operations within it, presence in the country, however, they still lack creation of the (Ntlo of power among particular political elites. This as well as to receive a share of its revenue; eight full recognition within Botswana. National ya Dikgosi). With only the eight groups has often been manifested in a range of rights members applied to the High Court to have legislation, influenced by British law, only violations – from lack of access to education their class action suit heard. Land rights remain recognizes eight major Tswana groups, while Below: Annual cultural festival celebrated by and non-recognition of languages to control of a contested issue for the country’s indigenous other minorities, including Wayeyi, are Wayeyi in Botswana. MRG. ancestral lands and traditional livelihoods – that communities today in the face of development have undermined the rich cultural traditions of programmes, such as the construction of a many communities. While in many countries controversial hydroelectric power station and a significant strides have been made towards more dam in the Kunene River. Ovahimba pastoralists equitable development, certain groups – such in the region have condemned the lack of prior as San hunter-gatherer communities indigenous consultation over the development and claim to much of Southern Africa – remain highly it will lead to the loss of irreplaceable cultural marginalized. In this context, the preservation heritage as ancestral graves will have to be of cultural practices and traditions remains exhumed to make way for the scheme. It will also an important part of a broader struggle for deny them and their livestock access to important recognition and emancipation. grazing land vital to the continuation of their traditional livelihoods. Though political representation of indigenous In March 2015, Namibia celebrated 25 years communities remains limited, some positive steps of independence. Besides Ovambo, who make have nevertheless been taken, including efforts to up around half of the population, its diverse establish a national organization as an advocacy communities include around 10 language groups platform. The ///Ana-Jeh San Trust, set up in and a range of peoples with different lifestyles, 2014 by San tertiary students with the aim of including nomadic pastoralists, hunter‑gatherers promoting education within the community, and others. Yet much of the country’s resources was formalized in 2015 along with the National remain concentrated in the hands of its white San Council (NSC). The NSC has been active at population and a small political elite, while other an informal level since 2004 and is made up of communities, such as indigenous San, live in different San communities with the shared aim of abject poverty. supporting San social and economic development. This is in part due to the country’s traumatic These community organizations have an past during the colonial era, first under German important role to play in addressing the specific and then South African rule. Between 1904 and issues of discrimination facing particular

92 Africa State of the World’s Minorities State of the World’s Minorities Africa 93 and Indigenous Peoples 2016 and Indigenous Peoples 2016 represented, to the exclusion of Wayeyi and Gumare, with an annual festival each year communities. While the creation of a new the media for triggering the attacks, though he others, the applicants argued that the provisions that brings together young and old alike to Ministry of Poverty Eradication and Social claimed to have been misquoted. were in contravention of key sections of the share song, dance, poetry readings, food and Welfare in 2015 is promising, it is important Popular hostility towards migrants has been Constitution that provided for fundamental other traditional practices with each other. that its initiatives are appropriately designed to mirrored by increasingly severe official policies, rights and the right to non‑discrimination. Unlike the largely patriarchal Tswana , also reach the most marginalized communities, reflected in Operation Fiela (‘sweep the dirt’ in However, though they asked to be granted the the Wayeyi community is matrilineal and such as San, who face exploitation, hunger Sesotho), a series of crackdowns carried out in right to nominate and install their own leader women play a crucial role in the continued and poverty due to their physical isolation and urban communities across South Africa during (Shikati), establish communal boundaries and for vitality of cultural practices such as basket persistent discrimination against them. Women 2015. While the stated purpose was reportedly Shiyeyi, their native language, to be included in making. and children are especially vulnerable due to to tackle the high crime rate, by September at the Botswana education curricula, this request Nevertheless, the state’s failure to legally sexual abuse and lack of access to essential least 15,000 migrants without documentation was refused. In its judgment the Court, stating recognize the Wayeyi community has services such as health or schooling; those – making up the majority of those targeted by that it could not declare provisions of the undoubtedly undermined a key element engaged in domestic work and farm labour are police – had been deported. The same month, Constitution null and void, only agreed that of their identity – the ability to maintain particularly at risk. It is hoped that the Child the deportation of an estimated 2,000 refugees, part of the Chieftainship Act was discriminatory and practise Shiyeyi. In the context of Care and Protection Act, passed in 2015, will most of them Angolan, was announced, after and would need to be amended accordingly. the government’s refusal to accommodate strengthen educational access for indigenous their status was revoked, despite many individuals As a result, the Constitution still does not teaching of indigenous languages in schools, children, many of whom are unable to attend having resided in South Africa for over a decade. recognize all ethnic groups in Botswana equally. the Kamanakao Association has established a schools due to their remote locations. Refugees who were granted two-year temporary Nevertheless, a presidential commission of working group to train and develop capacity residence permits now face difficult choices as enquiry, the , was established within communities to teach, write and South Africa their permits expire in 2016. to investigate the consequences of the contested translate into Shiyeyi, with publications for In January 2015, South Africa became the 163rd Land rights, long a source of discrimination constitutional provisions on ethnic inequalities primary schools, adult learners and religious State Party to the International Covenant on under colonial and apartheid rule, remain a and discrimination in Botswana. Their findings use. It is hoped that these resources will Economic, Social and Cultural Rights (ICESCR) contested issue for the country’s indigenous informed the subsequent amendment of the enable the next generation to maintain their following its ratification of the human rights peoples. During the year, community activists to fully recognize other tribes not native language and, by extension, their document. Though the government had continued to advocate for greater recognition, included among the eight main tribes. The unique tribal identity in the face of official signed the instrument 20 years previously, with almost 100 Khoisan demonstrators Chieftainship Act was repealed and the Bogosi discrimination. the ratification is a historic and welcome protesting before parliament in December to Act was enacted in 2008 as a result of the Update: Since this case study was written milestone for the country. Nevertheless, South demand that lawmakers reconsider the Traditional Kamanakao case. and just prior to publication, the Botswana Africa continues to struggle with the legacy of Leaders and Khoisan Bill. While the bill was But while, thanks to the amendment of the government announced its decision to officially apartheid and profound inequalities in wealth, drafted to recognize Khoisan communities and Constitution, the Wayeyi sat at recognize the Wayeyi. ■ land ownership and access to public services. strengthen traditional leadership, it has been for a five-year term at the discretion of the Amid stagnant and poor living condemned by critics as violating customary president, his term was not extended as there conditions for millions of citizens in makeshift law and reinforcing restrictive apartheid-era was no legal disposition to allow it. The Wayeyi housing, levels of violence and gender-based classifications. community have since made an application crime have remained high. Khoisan peoples were dispossessed of much under the Bogosi Act to be fully recognized South Africa’s migrant population, most of of their ancestral lands during colonial rule, and to install their own leader as an ex officio whom originate from neighbouring countries particularly as a result of the 1913 Natives Land member of the House of Chiefs. After years of such as , Mozambique and Zimbabwe, Act, which allocated only 7 per cent of arable land protracted legal negotiations, the Minister of have regularly been targeted in xenophobic to the indigenous populations while prohibiting Local Government has promised Wayeyi in a attacks. April saw the outbreak of the worst land sales between geographical divisions of kgotla (public gathering place) meeting that their violence since 2008 when a series of killings in blacks and whites. While the post‑apartheid application would go before the Cabinet and Alexandra township, , left seven government passed the Restitution of Land Rights receive a response in March 2016. dead and many others injured. While economic Amendment Act to allow descendants of Khoisan Amid their legal adversity, Wayeyi have strived frustrations and poverty contributed to the communities that were forcibly dispossessed to to maintain their cultural heritage as a way of violence, South Africa’s migrants have regularly claim back their lands, the 1913 Natives Land preserving their identity in the face of these been scapegoated for the country’s problems. A Act was used as the cut-off date for valid claims setbacks. The Kamanakao Association was formed speech the previous month by King Goodwill – yet community members argued that a large in March 1995 to promote and celebrate the Zwelithini of the Zulu nation, South Africa’s portion of their land was forcibly taken before community’s language and heritage. Among largest ethnic group, in which he allegedly called then. Furthermore, the claims period initially other activities it runs a cultural centre in for foreigners to ‘pack their belongings and go closed on 31 December 1998, when many back to their countries’, was widely blamed in Khoisan communities were still unaware of the

94 Africa State of the World’s Minorities State of the World’s Minorities Africa 95 and Indigenous Peoples 2016 and Indigenous Peoples 2016 process or the deadline to lodge their claims. The within the Muslim community caused delays. claims process was then reopened in 2014 for an Notably, UCSA opposes the bill’s passing as additional five years to allow for compensation it believes that any formal state of of claims that were not filed before the 1998 religious marriages would be unconstitutional. In deadline. Claimants now have until 2019 to seek the meantime, Muslim women remain socially compensation, but many of the claims lodged vulnerable and disadvantaged as the common thus far have been settled monetarily rather than law definition of marriages in South Africa is not by land restitution. For the Khoisan peoples, extended to include religious Muslim marriages. of course, financial compensation alone would Muslim couples are considered single and not address the drastic erosion of their cultures unmarried unless they formally register with a caused by dispossession, given that their cultural South African court. ■ and spiritual practices and knowledge are so interconnected with their lands. In August, Khoi and San leaders within the National Khoisan Council formed their own chamber of commerce and industry to address their socio-economic marginalization and lodge land claims, as they believe they are more likely to be successful if claims are lodged collectively rather than by individuals. Leaders from the council and other minority groups met with ruling African National Congress representatives in Johannesburg in August 2015 to discuss access to education, housing and economic opportunities for their communities, among other issues. Following their meeting, representatives also called for their status as the country’s first indigenous community to be reflected in an amended Constitution. While there has been increasing recognition in recent years of indigenous traditions and customs, the campaign to legalize Muslim marriages still continues. While their status appeared to gain recognition with the publication and circulation of the 2010 Muslim Marriages Bill and the accreditation in 2014 of 100 imams as marriage officers, the bill has yet to be formally passed as law. As a result, Muslim women’s land rights after divorce or the death of their spouses remain uncertain. Litigation is still ongoing in the High Court to decide whether the failure of South African law to recognize Muslim marriages discriminates against women. Organizations like the Women’s Legal Centre (WLC), Lajnatun Nisaa-Il Muslimaat (the Association of Muslim Women of South Africa), and the United Ulama Council of South Africa (UCSA) are interested parties in the case. While the case was originally set to be heard in December 2015, division

96 Africa State of the World’s Minorities State of the World’s Minorities Africa 97 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Alaska (US)

CANADA

NORTH UNITED STATES PACIFIC

ATL ANTIC

OCEAN

CUBA Hawaiian Islands (US) MEXICO DOMINICAN REP. HAITI (US) BELIZE GUATEMALA HONDURAS EL SALVADOR NICARAGUA

COSTA RICA PANAMA Guyane (Fr.) SURINAM

ECUADOR

PERU BRAZIL

BOLIVIA

PARAGUAY

SOUTH CHILE URUGUAY PACIFIC ARGENTINA AmericasMariah Grant, Alfredo Gutierrez Carrizo, Janet Oropeza Eng and Carolyn Stephens United States Guardian newspaper, young African American have expanded throughout the country in the The metaphor of the ‘melting pot’ is commonly men between the ages of 15 and 34 faced the wake of the killing of Michael Brown and North used to describe the US and its diverse religious, highest risk of being killed by police, with a death other lethal police shootings. A movement had ethnic and indigenous communities. But while rate five times higher than for white men of the started coalescing around the slogan and hashtag this accurately reflects the rich demographic same age. Another survey by #BlackLivesMatter, which had initially been America variety of a country that by 2044 will be ‘majority uncovered similar findings: despite accounting for formulated in 2013 on by Alicia minority’, with no single ethnic group making a little over 6 per cent of the population, African Garza, and Opal Tometi, after Mariah Grant up more than 50 per cent of the population, it American men accounted for almost 40 per cent the acquittal of George Zimmerman for the fails to capture a variety of entrenched social and of those killed by police while unarmed. 2012 killing of Trayvon Williams. From the orth America includes a wide range economic disparities between different groups. These numbers have helped identify the scale beginning, activists used the internet to challenge of communities, including black, From education to health care, employment of deadly force used against African the dominant narrative of the protests as ‘riots’. N indigenous, Latino, Arab and Asian to politics, inequality and division continue by US law enforcement. Furthermore, videos During demonstrations in Baltimore following minorities who together contribute to the to characterize ethnic and religious relations of many of these incidents, some recorded by the death of Gray, for example, while some media region’s rich cultural diversity. This is in itself a within the US. In the criminal justice system, for the police themselves through dashboard and outlets presented an image of the city being reflection of a long and often troubled history, example, are arrested nearly body cameras, have highlighted how officers looted and burned, activists took to to beginning with the colonization of what is now six times as often as their white counterparts and have frequently failed to de-escalate situations organize street cleaning crews and share first-hand Canada, Mexico and the United States (US) constitute 1 million of the 2.3 million people before using deadly force. At times, the footage accounts. and the decimation of a greater part of the incarcerated in the US. Consequently, one in contradicted the official narrative from police Throughout 2015, 26 individual Black Lives indigenous population. The ensuing centuries every thirteen African Americans of voting age and also depicted excessive force. This included Matter chapters were opened across the United saw the arrival of millions of enslaved Africans is disenfranchised due to a felony conviction, a a dashboard camera video of Chicago police States. Frequently, this movement was compared until the trade was eventually abolished in the rate four times greater than the rest of the US shooting 17-year-old African American Laquan and contrasted with the nineteenth century. More recently, successive population. McDonald 16 times on 20 October 2014, which of the 1960s, not only by the media and flows of migration from across the world, but However, a major shift in nationwide was not made public until 24 November 2015. politicians but also former leaders of that era and particularly from Central and , consciousness of the role ethnicity plays in the While the city claimed that the footage could activists themselves. However, have further transformed the demographic justice system began after the shooting death of not be released during the FBI and US Attorney’s while the heritage of the movement’s protests has composition. an unarmed African American teenager, Michael investigations, others interpreted the delay as a strongly informed Black Lives Matter, activists While the variety of cultures in North Brown, by a white police officer on 9 August cover-up intended to quell public outrage. have also emphasized the distinctive aspects of America today is remarkable, many minority 2014 in Ferguson, Missouri. On 4 March 2015, Bystander videos also shed light on apparent their activities, extending beyond anti-racism to and indigenous communities also face a the Department of Justice released a report on cases of police brutality inflicted on African encompass African American women’s rights; multitude of challenges to maintain their their investigation into the Ferguson Police Americans. Gaining particular attention was a , gay, bisexual and (LGBT) traditions. This is due in large part to the Department, identifying widespread practices video that appeared to show 50-year-old African rights; and cultural rights. continued inequalities they face, rooted in of ethnic discrimination by law enforcement. American Walter L. Scott fleeing while being shot Black Lives Matter is especially notable for past discrimination, and the indifference or The report supported what demonstrators eight times by a white police officer in North the high proportion of women leaders and even hostility certain cultural expressions and community members had been claiming Charleston, South Carolina on 4 April. The its conscious attempts to move away from are met with. The pressures of assimilation, all along: that Ferguson police were unfairly officer who shot Scott was subsequently charged the more hierarchical male-dominated model social dislocation, poverty and the absence of targeting African American residents, violating with murder and awaits trial, while the family associated with earlier racial equality movements. supportive spaces to nurture these traditions their civil rights and engaging in a of of Scott reached a US$ 6.5 million settlement The movement is actively working to end the can all contribute to the disappearance or unconstitutional arrests that turned residents into with the city that bars them from bringing civil marginalization of African American women and silencing of minorities and indigenous peoples. a form of revenue generation. claims over his death. Less than three weeks later the silence surrounding violence inflicted against From Muslims concealing their identities for Since Brown’s death, incidents of police another bystander video emerged of Freddie them, including by police. fear of attack to First Nation youth in Canada brutality against ethnic minorities, as well as Gray, a 25-year-old unarmed African American One high-profile case in 2015 involved lacking access to instruction in their indigenous debates surrounding institutionalized racial man, being dragged to a police van in Baltimore 28-year-old African American Sandra Bland, who languages, these barriers are closely linked within the US law-enforcement system, have on 12 April. A week after his arrest, Gray died. was found dead in a jail cell in Waller County, to alienation, prejudice and marginalization. continued. While data related to police shootings The events surrounding his arrest and death are Texas, three days after she was arrested during a Nevertheless, at the same time there are also is not transparently or uniformly collected by still disputed. Six officers involved in Gray’s arrest traffic stop. The events leading to Bland’s death many inspiring examples across the region of the government, independent datasets developed have had charges filed against them; however, at are unclear: while the official account is that she communities actively re-engaging their culture, by various media outlets have tracked the the beginning of 2016, the trials were delayed was found unresponsive due to ‘self-inflicted often as part of broader efforts to advocate for high numbers of African Americans and other after the jury in the first case could not reach a asphyxiation’, her family refuted claims that greater visibility and inclusion. ethnic minorities killed by police. During verdict. Bland would commit suicide. In December, a 2015, according to figures collated by the UK’s Demonstrations against police brutality grand jury decided not to bring any charges in

100 Americas State of the World’s Minorities State of the World’s Minorities Americas 101 and Indigenous Peoples 2016 and Indigenous Peoples 2016 the case; however, the police officer who pulled Right: A young Muslim woman plays volleyball Bland over was subsequently indicted for perjury. in , US. Chris Goldberg. The uncertainties surrounding her death received significant media coverage and drew attention to of the Confederate battle flag, the chosen the invisibility of African American women in location for the shooting also led to discussions mainstream reporting on police brutality. around the important cultural and historical Amid the demonstrations against police role of the church in the African American violence perpetrated against African Americans, community. While forced conversions to the historic Emanuel African Methodist Episcopal Christianity happened during the time of slavery, Church in Charleston, South Carolina came churches eventually became a place for African under fire by a gunman on 17 June. Nine people Americans to congregate and later organize were killed, including US State Senator, Rev. during the Civil Rights Movement. Thus the Clementa Pinckney. The suspect was arrested the attack was seen not only as an assault targeting following day and later pleaded not guilty to 33 African Americans themselves, but also on their federal charges, including a number of hate crime faith and heritage. In the weeks that followed, charges, for which he awaits trial. The shooting, fears of a wider attack on the African American which was quickly identified as being racially community were realized in a spate of arson motivated based on an online manifesto from the attacks on predominantly black churches. At least suspect, raised further concerns about a culture eight African American churches across the South of racism against African Americans in the were damaged by fire in the ten days following former Confederacy of the country’s south-east. the Charleston shooting. Predominantly, debates focused on the continued Though state investigators deemed the fires use of the Confederate flag at the South Carolina unconnected to one another, the attacks echoed and other state capitols in the region. the long history of violence against African Members of Black Lives Matter and other civil American churches, starting in the time of rights groups, along with a number of politicians slavery, and continuing through Reconstruction, worse than in the days, weeks and years directly Regardless of its legality, this rhetoric created a from both the Republican and Democratic the Civil Rights Movement of the 1960s, and following 9/11. volatile and dangerous climate for many Muslims parties, demanded its removal on the grounds into the 1990s. It was this legacy of intimidation The reasons for the increased violence and already living, or seeking refuge, in the US. that it was a symbol of racial hatred, celebrating against African American churches that spurred discrimination targeting Muslims was largely This situation deteriorated further following a 2 the Confederacy’s role in fighting to uphold a group of Muslim non-profit organizations, associated with a backlash to the apparent December shooting in San Bernardino, slavery during the Civil War. not unfamiliar with similar ethnic- and resurgence of extremist groups such as Al Qaeda, that left 14 dead. While some uncertainty Ten days after the shooting, Black Lives Matter religious‑based discrimination themselves, to Islamic State of Iraq and al-Sham (ISIS) and their remains about the exact motives of the two member Bree Newsome climbed the flagpole at lend their support towards the reconstruction of affiliates. Many of these attacks happened in the attackers, a husband and wife, the media and US the South Carolina State House and removed the the damaged churches. Together they raised over Middle East and Africa, but garnering particular government has suggested they may have allied Confederate flag. Newsome was subsequently US$100,000 on a crowd funding site through attention in the US were the attacks in Paris in themselves with ISIS. As a result, incidents of arrested and the flag was raised again. However, their call to ‘unite to help our sisters and brothers January and again in November. anti-Islam violence spiked across the country, an online movement began using the hashtag in faith’. While President Obama has pledged to admit including acts of vandalism and arson at mosques #KeepItDown, demanding the permanent Their gesture of solidarity came at a time 10,000 new Syrian and Iraqi refugees into the in California, Pennsylvania and Texas, as well as removal of the flag. On 10 July the flag was taken when discrimination against Muslims reached country during 2016, this was in opposition individual physical attacks and death threats in down for good at the South Carolina State House new heights in the US. While anti-Muslim to a vote by Congressional Republicans to Washington State, New Jersey and elsewhere. grounds, after being flown there for 54 years. sentiments have been present for decades in the make entry of refugees from these countries In spite of this discriminatory public climate, Other states have followed suit and ended the country, the level of vitriol directed towards them more difficult following the November Paris in January the Supreme Court unanimously ruled use of the Confederate flag at their capitols and in 2015 intensified to unprecedented levels. At attacks. In the ensuing weeks, many governors that, by banning Muslim inmates from growing other government buildings. The US Supreme the beginning of the year, it was reported that and Republican 2016 presidential hopefuls beards, Arkansas corrections officials had violated Court also ruled in favour of Confederate flag anti-Muslim hate crimes continued to occur publicly declared their suspicion and antipathy their religious freedoms. Later in the year, on opponents with its decision in June that Texas at rates five times higher than before the 9/11 towards Syrian and Iraqi refugees. Thirty-one 1 June, the Supreme Court ruled with an 8–1 did not violate the First Amendment when it World Trade Center attacks in 2001. By the state governors, all but one being Republican, majority in favour of Samantha Elauf’s claims refused to allow specialty licence plates bearing year’s close, the political and social environment declared that they would ban some or all Iraqi of religious discrimination by the clothing store the Confederate flag. was frequently deemed, by the media as well and Syrian refugees – a move that critics argued chain Abercrombie and Fitch, when they did Beyond debates surrounding the representation as Muslim and civil rights activists, as even was in fact unlawful under the US Constitution. not hire her after she wore a hijab during a job

102 Americas State of the World’s Minorities State of the World’s Minorities Americas 103 and Indigenous Peoples 2016 and Indigenous Peoples 2016 interview. and practices, including teaching in traditional trademark registrations on their name and logo; However, Muslims were not the only minority languages. Within the Latino community, the judge specifically cited the team name’s Case study by Mariah Grant publicly vilified during 2015. During the initiatives such as the Rayito de Sol Spanish offensiveness in his reasoning. The team has early days of the US presidential nominations Immersion Early Learning Center have been stated that it will appeal the decision. campaign, ahead of the 2016 elections, established to promote cultural learning. The Equally damaging to Native American Republican candidates frequently used fear- school, based in Minnesota, provides children communities has been the appropriation Challenging mongering tactics to advocate for harsher with an immersive Spanish language curriculum of indigenous dance, art and costume by immigration policies largely targeting the Latino and instruction in Latin American cultures. mainstream entertainment industries. One of the cultural community. The most notorious instance But while cultural erosion remains a significant most egregious examples of this is the popular use occurred during a campaign rally in June, when challenge for many communities, a related by non-indigenous fashion models of headdresses appropriation Republican candidate Donald Trump falsely drew problem is that of misrepresentation and even resembling those worn traditionally by male a link between Mexican immigrants and increased caricature – one that has long afflicted the (and on very rare occasions female) leaders of in Canada: crime rates in the US. However, while the data country’s Native American population since Plains nations during ceremonial events. Similar on crime rates and their correlation to numbers colonization. TV and cinema, for instance, accusations have been levelled against the film, the misuse of of immigrants is incomplete, the evidence that have for decades subjected indigenous people to fashion and music industries by indigenous is available does not support Trump’s claims. harmful and inaccurate portrayals, a situation activists, who regard such appropriation as a indigenous symbols In fact, while immigration has increased since that remains evident today. This was highlighted form of theft and a one-way exchange that the 1990s, crime has decreased and crime levels during the year by reports that a number of primarily benefits the white elite that continues in Halloween among first-generation immigrants appear to be indigenous actors working on the Netflix film, to dominate these arenas. Headdresses have lower than those among native-born Americans. The Ridiculous Six, left the set in protest against been popular among artists and audiences at costumes While the negative portrayal of Latinos is what they saw as inaccurate depictions of Apache music festivals, for instance. A further problem not grounded in reality, the impact within the people, coupled with disrespectful dialogue and is that these symbols are often combined in community of these representations can be bigoted characterizations of Native Americans. haphazard ways, despite the fact that they may In October 2015, Jeffrey McNeil-Seymour devastating. This pressure has led some belonging Several of the actors in question subsequently belong to totally different cultures. Activists have walked into a Halloween costume shop in to younger generations to assimilate more quickly produced a short film in response to their highlighted how, besides being disrespectful to Kamloops, British Columbia, Canada with and completely, to the detriment of knowing experience, as well as to highlight the rich and Native American culture, the misuse and abuse his sister and teenaged nieces. McNeil- and practising their heritage and cultural diverse cultural heritage of Native Americans. of these artefacts draws attention away from the Seymour, an instructor of at traditions. The loss of cultural practices within Beyond film, the use of racist mascots to rich heritage of these communities – a living Thompson River University and a Tk’emlúps the Latino community has had a multitude of represent sports teams, both professional and in culture that remains vibrant despite continued Tee Secwépemc, quickly found what he had negative consequences, including diminished schools, was also challenged publicly during the discrimination. suspected the shop was selling – costumes life expectancy. While recently arrived Latino year through targeted campaigns. Among these poorly mimicking the dress of indigenous immigrants live on average three years longer was the Native Education Raising Dedicated peoples in Canada. From posts than white Americans and six years more than Students (NERDS), begun by Dahkota Franklin and group pages, he already knew how upset African Americans, despite experiencing nearly Kicking Bear Brown, a 17-year-old high school many were that shops in Canada continued double the poverty rates of the native-born student in Jackson, California and member of Central to stock and advertise costumes that population, this gap is seen to decrease among the Wilton Miwok. Brown harnessed the success culturally misrepresented indigenous peoples, later generations of Latinos. The fall in life of NERDS – which he began as a peer-to-peer despite years of protests. For this reason, as expectancy has been associated, in part, with a mentoring and tutoring programme to help America McNeil-Seymour puts it, he took it as ‘a call move away from traditional foods and increased Native American youth succeed academically – to to action’ – ‘because,’ he says, ‘it is an issue consumption of highly processed products. lobby to change the mascot at his high school Janet Oropeza Eng that I’ve dealt with before’. Research has found that family and community from the racist epithet of ‘Redskins’. As Brown Within the Halloween shop, he and bonds are critical to the upbringing, education explained, research suggests that these pejorative In recent decades many Central American his family came upon costumes such as and passing down of cultural heritage to the labels and imagery are detrimental to the mental countries have enacted new Constitutions one titled ‘Chief Many Feathers’ and younger generations, including cooking methods. health and well-being of Native American youth. and legal frameworks that acknowledge and others that McNeil-Seymour described as Traditionally this has been achieved, to a large According to another campaign, Change the guarantee indigenous and Afro-descendant a ‘hypersexualized Pocahontas costume’. degree, by having multiple generations of a Mascot, about a dozen schools had changed rights. In practice, these measures have not been But when he decided to speak with an family living under one roof and sharing spaces Native American mascots by the end of 2015 and sufficient to prevent continued discrimination, employee at the checkout stand, he found intentionally set up to promote interaction. another 20 are considering doing so. Meanwhile, criminalization of peaceful community protests, them unreceptive to his appeal to have the However, it has become increasingly difficult to the prominent Washington Redskins American and violence by state and non-state actors, most offensive costumes removed. In response to engage younger generations in cultural education team lost a federal court case to maintain especially around such issues as land rights

104 Americas State of the World’s Minorities State of the World’s Minorities Americas 105 and Indigenous Peoples 2016 and Indigenous Peoples 2016 the employee’s justification that Canada was a Even more troubling, however, is McNeil- violations, political exclusion and access to public poor health outcomes disproportionately affect free country, McNeil-Seymour responded, ‘How Seymour’s assertion that the costumes are a services. Extractive industries such as mining, and the indigenous population. For example, while is it a free country when racism still prevails?’ clear ‘metaphor’ for the continued violence other forms of development, such as agricultural only 59 per cent of children between the ages of McNeil-Seymour decided to address the issue inflicted against indigenous women and girls. plantations, are frequently the primary cause of 12 and 24 months were vaccinated at a national with the store’s head office and also raised the Communities have faced decades of deadly these abuses. In this challenging environment, level, levels were even lower in departments issue publicly over social media. Subsequently, inaction, at many levels, and of failure to minority and indigenous communities face a that are predominantly indigenous, such as in response to attention from local and national confront and address the disproportionately constant struggle to preserve their traditional Huehuetenango (38 per cent) and Quiché (44 media, the shop released a statement claiming high rates at which indigenous women, practices, languages and unique worldviews. per cent). As in other public services, the limited that the costumes were not meant to offend but girls, transgender and two-spirit people Nevertheless, these also provide an important availability of culturally appropriate medical care were simply part of the ‘fun’ of the Halloween are murdered and go missing in Canada. platform to mobilize and assert their distinct is a barrier. Nevertheless, indigenous traditions festivities. However, as highlighted by the These Halloween costumes, he argues, serve identity against the pressures of assimilation and continue to play an important role in health response of many activists and community to reinforce the invisibility of this issue by cultural extinction. care, with 79 per cent of births in predominantly members in the following weeks, this sort of normalizing the role of indigenous women indigenous areas attended by traditional misrepresentation is often a source of deep and girls, and also transgender and two-spirit Guatemala midwives. A public policy on traditional hurt and humiliation for Canada’s indigenous people, as readily consumed and discarded: During 2015, the International Commission midwives was approved in 2015 and will seek population. ‘Here are people going out and purchasing against Impunity in Guatemala (CICIG) and to strengthen their relationship with the public But are not most cultures mocked during these cheap plastic costumes, and they’re for the Attorney’s Office uncovered several high- health system, disseminate their knowledge Halloween? For McNeil-Seymour, this argument a one-time use, and they’re easily disposed of profile cases of corruption involving former and support the delivery of more culturally is a familiar one. Indeed, during his visit to the afterwards.’ By sexualizing even those most high-level public officials and those who were appropriate health care. costume shop he also observed stereotyping sacred and respected of traditional roles and in power at the time. These scandals ultimately While the 2003 Languages Law mandates costumes of Mexicans and Saudis. Nevertheless, symbols, he believes, these costumes have led to the resignation of President Otto Pérez the protection of , Mayan and Xinca he does not concede that this means the the effect of casting indigenous individuals Molina and Vice-President Roxana Baldetti, who languages in all areas of public life, including the discussion on the harm of misrepresenting as objects and thus targets for gender-based are currently being prosecuted. The subsequent stipulation that education and other services are indigenous people during this holiday, or in violence. presidential elections were marked by violence to be provided in the predominant language of other forms throughout the year, should be Ultimately, McNeil-Seymour does not see between different political factions before the each community, in practice bilingual options muted. Nor does it imply that one costume these costumes being entirely removed from eventual victory of the National Convergence may lack resources or capacity. This serves to is absolutely worse than another. What is store shelves before the next Halloween, Front, led by Jimmy Morales, a former comedian further entrench educational inequalities that important, though, is that for some indigenous despite the attention his protests have with only a few years of political experience. have left Garifuna, for example, with illiteracy peoples these costumes perpetuate a long history attracted. But he does see promise in the Against this political backdrop, the country’s levels as high as 97 per cent. Indigenous language of discrimination that trivializes their lived way social media has been used to mobilize indigenous and Garifuna communities continue instruction is also limited and, as a result, experiences. and educate. Open dialogues on the internet to suffer widespread discrimination and human some languages such as Ch´orti´, Sakapulteko, McNeil-Seymour sees the issue of Halloween and public platforms have also brought to rights abuses. Political participation is also Chalchiteco, Mopán, Tektiteko and Uspanteco costumes as one that goes far beyond the problem light other important issues surrounding limited, with only 21 (13.3 per cent) of the 158 are at risk of disappearance. of one night of fancy dress. Instead, it is an cultural misappropriation and intellectual congressional deputies elected in 2015 having Guatemala’s justice system is another area opportunity to highlight the deficiencies in property rights for indigenous communities. an indigenous background, although not all of where Garifuna and indigenous communities are Canada’s education system regarding its history A month after the controversy over the these self-identify as indigenous. Official figures still marginalized. In May, the UN Committee of colonization and the continued typecasting Halloween costumes, for example, another indicate that around 40 per cent of Guatemalans for the Elimination of Racial Discrimination of indigenous peoples as primitive: in his words, story broke about the apparent wholesale are indigenous – though some estimates are reported that the country still lacked a law ‘the vibrancy of the culture is relegated to the past lifting of a sacred Inuit design by a Canadian significantly higher. Only 2 of those 21 deputies acknowledging . Despite this lack versus looking at it now as a culture of revival, clothing company. While this was hardly the are women. Minority Rights Group International of support, communities have maintained their of renewal’. As he has highlighted, this overlooks first time that indigenous heritage has been understands that not a single deputy from the traditional justice systems, with around 40 per the fact that indigenous peoples in Canada are appropriated, what was more surprising was Garifuna community, who make up around 1 per cent of legal conflicts resolved through these part of a ‘resurgent culture’, evidenced by many the retailer’s subsequent apology and the cent of the population, was elected. systems – an important service when the formal established and emerging indigenous fashion withdrawal of the offending article – a small While poverty and exclusion characterize justice system regularly fails to deliver. While a designers. Projects such as the Toronto‑based but promising sign of progress for Canada’s the lives of many Guatemalans, the challenges welcome development in March was the creation Setsuné Indigenous Fashion Incubator also indigenous population. ■ are often especially acute for its minority and of a specialized unit dealing with discrimination provide spaces for designers to learn new and indigenous communities. For instance, while the complaints within the prosecution system, the traditional pattern, clothing, jewellery and country’s health system struggles with lack of unit reportedly had only five staff members and accessory-making techniques. resources and under-staffing, which undermines has yet to prove its effectiveness. By the end of the ability of all citizens to secure adequate care, the year, of the 98 complaints of discrimination

106 Americas State of the World’s Minorities State of the World’s Minorities Americas 107 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: Garifuna woman in Guatemala. Adam Jones. both British and Spanish colonialism still shapes the country’s social and political landscape today. pervasive. In 2015, the Observatory of the With the arrival of the first in human rights organization UDEFEGUA reported the early sixteenth century, much of the western 493 attacks against human rights defenders, part of its present-day territory by the Pacific 252 of whom were activists or leaders defending was occupied and its indigenous population indigenous rights and the environment. Much decimated or enslaved, with only a few Mayagna of this violence is related to the development of communities still surviving in the area. On the energy and extractive projects on indigenous or eastern, Atlantic side, however, the relatively Garifuna land. While public institutions often limited encroachment of Spanish colonizers side with corporations and private investors meant that a larger portion of the indigenous by criminalizing protesters, violence and population, including Mayagna and Rama, intimidation against communities frequently goes survived. The subsequent arrival of British unpunished. colonizers and enslaved Africans was eventually Palm oil production has caused severe followed, after the abolition of slavery, by that of environmental degradation over the years in economic migrants from the in the many indigenous areas. As much as 30 per cent nineteenth century, and led to the formation of of the country’s production is located in Sayaxte, a sizeable English-speaking Creole population. where nearly three-quarters of the population Nicaragua’s multi-ethnic population is now is indigenous. In September, a judge ordered characterized by a white and majority, the temporary closure of a palm oil plantation who largely dominate the ruling Sandinista in the Petén region, where the majority of the National Liberation Front, and a variety of population are indigenous, following the death indigenous (5 per cent) and Afro-descendant of thousands of fish due to contamination (9 per cent) populations. The relationship of the nearby La Pasión River. Energy and between the central government and its minority extractive concessions have also affected many and indigenous communities has frequently been communities. In the north of Huehuetango, characterized by tensions over political autonomy, several hydroelectric and mining projects have and other concerns – issues been undertaken, despite the opposition of that have at times been reflected in violence and the Mayan inhabitants in these areas. During other human rights abuses. the year, various confrontations between these A recurrent source of conflict in recent years communities and local authorities took place. In has been the state’s failure to protect ancestral January, the community radio of the Q’anjob’al lands from large-scale development, energy population, Snuq Jolom Knonb’, in Santa Eulalia, projects and illegal settlement. This includes the was closed by the municipal mayor and some Nicaraguan Canal, a controversial programme broadcasters were threatened. Rigoberto Juárez, involving the government and a Chinese Domingo Baltazar and Bernando Ermitaño López company to construct what would be the world’s Reyes, three human rights defenders from these largest canal between the Pacific and the eastern communities, were arrested and detained without coast. Though the project has struggled with due process. All three were involved in protests funding in the wake of the stock market slump against mega-projects, specifically hydroelectric in China, meaning progress since its ground- it received, not a single case had yet been brought Mayans in the early 1980s. While a court found dams; by July, a total of nine indigenous and breaking ceremony in December 2014 has been before a judge. Montt guilty in 2013, his 80-year sentence was community activists had been detained. Besides slow, the canal will likely have a disastrous impact The failures of Guatemala’s justice system withdrawn shortly afterwards and subsequent causing environmental degradation, these on pristine local environments, as well as the have contributed to a persistent climate of legal proceedings against him have been marred development projects have often been situated in many indigenous communities whose lands it impunity for perpetrators of human rights by delays and procedural irregularities. In sacred spaces with unique spiritual value for local will pass through. Since the project was approved, abuses, particularly those targeting Garifuna January 2016, his retrial was again suspended communities. without the free, prior and informed consent of and indigenous communities. The most before a new trial was opened in March 2016. the indigenous peoples it will uproot, protests high-profile example is former president Ríos Nevertheless, the problem of targeted violence Nicaragua against the development have been met with Montt, responsible for the killing of 1,700 Ixil against indigenous communities remains Nicaragua’s history, distinct within the region, of violence and repression.

108 Americas State of the World’s Minorities State of the World’s Minorities Americas 109 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Another ongoing source of conflict within that continues to be an important element in by the invading Europeans. This has had a the country is the struggle between Miskitos, the identity of these communities. One of the devastating impact on a unique and extraordinary Case study by Genna Naccache an indigenous population with Amerindian and most well-known celebrations is the annual heritage. The so-called pre-Columbian cultures African ancestry, and non-indigenous mestizo King Pulanka festival, a Miskito festival with were artistically, spiritually and architecturally peasants settling illegally in their lands. Tensions traditional music and dance that subversively sophisticated societies, with their own concepts between the two groups escalated during the mocks the colonizers who historically occupied and understanding of astronomy, medicine, Peru’s Afro- year, leaving a number of people dead. Among the country. The celebrations bring together mathematics, arts, philosophy and religion – those killed were two Miskito leaders, Rosmeldo neighbouring groups for a feast hosted by the civilizations that, with the onset of the European descendant Solórzano and Mario Leman Müller, while indigenous community. Other festivities include invasions, were decimated and violently many others experienced aggressive tactics and the Palo de Mayo, held every May on the suppressed. Despite their decline, the older population: from intimidation. Indigenous women have also been Caribbean Coast, and the Walagallo, a Garifuna civilizations continue to show their influence in targeted in this conflict. In February 2016, the religious celebration rooted in African spirit many aspects of culture in South America – not invisibility to a Inter-American Commission on Human Rights worship and traditionally carried out to cure least in languages and in symbols of . (IACHR) reported that in the previous four disease. These and other celebrations remain an Quechua, the language of the Incans, is still national ‘month months, besides several killings, kidnappings important source of pride and identity today. widely spoken and is an official language in and house burnings, three indigenous women Peru, as is Guarani in Paraguay. Nevertheless, of culture’ had been sexually assaulted. Over the years, indigenous customs and traditions have typically Miskitos have denounced the government for lacked adequate representation or visibility in failing to protect their land rights and allowing South official or mainstream cultural platforms. Afro-Peruvians, who make up around 10 illegal settlement to take place on their territory. Afro-descendants have also experienced an per cent of Peru’s population, have long As a result of this conflict, in the last few inhumane history, forced to work in plantations, suffered marginalization in every area of years hundreds of Miskitos have been forcibly America mines and remote areas in the newly formed their lives. From health to education, many displaced within the country or across the border South American countries. Though the excluded community members have limited access to Honduras. Alfredo Gutierrez Carrizo Afro-descendant populations were gradually to basic services and few are able to rise up Two autonomous regions have been created in and Carolyn Stephens incorporated into society as slavery was abolished, to senior positions in business, government the North and South Caribbean Coast regions, they continued to suffer extreme marginalization and other fields. But while their status as a established under the 1987 Autonomy Act and South America is known for its vibrant and in most countries. This history of violence and readily identifiable minority has often led to supported by subsequent legislation, allowing politically active indigenous and minority discrimination has also shaped the development direct discrimination and even racial slurs these ethnically diverse regions to manage communities, with their rich heritage and of their culture to the present day. Enslaved in the street, in public life the problem they their own land and resources. Both have the cultural traditions. The diversity of the region Africans, forcibly introduced to European still struggle with most is invisibility – a right to design health services with an inter- is considerable, both in terms of the original customs and religions, often held onto their challenge that anti-racism and human rights cultural approach and have developed ten-year indigenous inhabitants of the region and the cultures in covert ways. Although suppressed or organizations in the country have worked regional inter-cultural health programmes, many groups that arrived later, including maintained in secret, there is now a resurgence hard to confront. ending in 2015, which combine ancestral and descendants of the Africans who were brought of interest in Afro-descendant culture across the Historically, Afro-Peruvians had relatively western medical knowledge. These regions also as slaves to South America, and Europeans region. This has been accompanied by a greater little in the way of community organizations provide education in indigenous languages and who came first as and later as social and political visibility as these communities until the emergence in the 1950s of a there are even tertiary institutions, such as the economic immigrants. Both indigenous and have successfully mobilized for their rights. In cultural revival, with dance and theatre University of the Autonomous Regions of the Afro‑descendant communities across the region this regard, the commencement in 2015 of the groups providing an important platform Nicaraguan Caribbean Coast (URACCAN), continue to suffer a legacy of discrimination and UN International Decade for People of African for a broader mobilization. While the Afro- with inter-cultural teaching models that support exclusion, rooted in their traumatic histories of Descent has particular resonance in a region Peruvian community has arguably not the preservation of minority and indigenous colonialism. where tens of millions of Afro-descendants reside. managed to achieve the same recognition as knowledge and practices. However, indigenous Indigenous peoples throughout the region have But while both indigenous and Afro-descendant communities in some other peoples elsewhere in the country do not enjoy the experienced a long-term decline in population, Afro‑descendant communities have enjoyed South American countries, their advocacy same legal protections and, as a result, have been including the extinction of many communities, renewed interest in their cultures and beliefs, has nevertheless delivered some important more prone to rights violations. To tackle this, initially due to war and disease following the linked to their broader struggle for recognition milestones. In 2006, the Peruvian government a Draft Bill for the Indigenous Peoples of the arrival of the first Europeans and then, once and respect, the benefits of this development formally inaugurated the first National Afro- Pacific, Center and North of Nicaragua has been colonial rule was established, displacement, can be double-edged. For example, many Peruvian Culture Month, centred around 4 developed, but not yet approved. violence and destruction of their way of life. ‘celebrations’ of indigenous art have led to June, to promote awareness of their history Nicaragua’s diversity is reflected in a rich Where indigenous peoples survived, their cultural the exploitation of communities by urban and contributions through conferences and legacy of Afro-descendant and indigenous culture practices were also suppressed or denigrated boutiques or galleries, where many indigenous

110 Americas State of the World’s Minorities State of the World’s Minorities Americas 111 and Indigenous Peoples 2016 and Indigenous Peoples 2016 activities. These events, held every year since, is popular attitudes of racism, a widespread have managed to attract both national and but rarely acknowledged reality for many international coverage. The beginning of the Afro-Peruvians. However, 2015 saw an 2015 celebrations was marked by the Minister important step forward, with the country’s of Culture, Alvarez-Calderón, formally first ever conviction for racial discrimination the United Nations Educational, in November. The case concerned an Scientific and Cultural Organization to add the Afro-Peruvian woman who, after being Afro-Peruvian dance Hatajo de Negritos y las racially abused at her work for a municipal Pallas to its list of Intangible Cultural Heritage of water utility by a colleague, found her Humanity in Need of Urgent Safeguarding. complaint ignored by her supervisors and Despite the government’s attempts to provide was subsequently fired from her job after greater recognition of Afro-Peruvian culture, the filing a criminal case. The ruling found both issue has caused some division among activists her former manager and head of human within the community. While many believe resources guilty, sentencing them to a that these are important public initiatives that term as well as a fine. acknowledge the contribution of Afro-Peruvian This progress testifies to the enormous heritage – something largely absent until recently efforts made by the Afro-Peruvian – others argue that these alone do not address community to achieve greater respect Peru’s deeply embedded ethnic inequalities, still and equality within society – though the so powerful in the country’s popular beliefs. struggle continues. Denial of Peru’s Afro- Indeed, some have even argued that the emphasis descendant population is now hopefully on areas like cooking, music and other cultural being superseded by greater recognition of aspects may serve to reinforce stereotypes about the community’s rich and distinct identity. the community. According to this perspective, While the celebration of Afro-Peruvian without a wider social transformation, these culture is only one part of this, it does offer official celebrations risk being a token gesture an invaluable public platform to articulate that distracts from the real issues. the community’s urgent social and political Among other efforts, activists are currently concerns. By maintaining control over their advocating for the expansion of ethnic heritage and traditions, including but not classifications in the 2017 National Census to restricted to artistic mediums such as theatre, territories comprise ‘areas of production, use and Above: Indigenous woman in Bolivia. include Afro-Peruvians. This initiative stems music and dance, Afro-Peruvians can engage conservation of natural resources, and spaces CE/ECHO/ R. Silva. from the fact that Peru has not included its their rich culture in their struggle to end of social, spiritual and cultural expansion’. Afro-Peruvian population in its census data discrimination. ■ The following year, Bolivia passed Law 061: to its provisions, any president cannot exceed a collection since the early 1940s. Another issue the André Ibañez Framing Law of Autonomy maximum of two terms in office. Morales was and , an ambitious piece of only able to run for his third term after a 2013 legislation that aims to provide some degree of ruling by the Bolivian Constitutional Court that artists are underpaid and objectified. And Bolivia autonomy to local institutions and recognizes the his first term, which began before the approval of globalization has also brought new challenges While indigenous peoples now comprise only pre-existence of native communities. These and the new Constitution, did not apply. to the already threatened cultures and heritage a fraction of the total population in most of other measures all reflected the promises Morales In addition, despite Bolivia’s relatively of the region’s indigenous peoples, with young the region, Bolivia is notable for its indigenous made to end the marginalization of the country’s progressive legal framework, many indigenous people, particularly, undergoing cultural change majority, with 62 per cent of Bolivians indigenous population, a strategy that brought communities face similar challenges to those with access to media and communication. self‑identifying as indigenous in the country’s him two further campaign victories in 2009 and elsewhere in the region. As many as 15 of the Furthermore, the cultures of these communities most recent census in 2012. Bolivia also has 2014, making him the longest-serving president country’s 36 indigenous communities are at not only include social expressions such as music, one of the most progressive legislative systems in Bolivia’s history. However, his attempts to risk of extinction due to systematic neglect, arts, language or dress – the areas most likely to support indigenous peoples and the first negotiate a constitutional amendment to allow and their geographic isolation. to be celebrated by others – but also extend indigenous president in the region, Aymara him to serve an additional term beyond his A number of these communities are very to spiritual practices and their relationship to leader Evo Morales. Following his inauguration third term, set to expire in 2020, was rejected small, with fewer than 200 members, and their their lands, wildlife and eco-systems – resources in 2006, his government passed a number by popular referendum amid concerns about disappearance would significantly reduce Bolivia’s increasingly under threat of expropriation or of major reforms, including in 2009 a new extending his authority further beyond the limits unique cultural diversity. This points to the destruction from state or corporate development. Constitution that recognizes that indigenous set out by the 2009 Constitution. According complexity of the indigenous

112 Americas State of the World’s Minorities State of the World’s Minorities Americas 113 and Indigenous Peoples 2016 and Indigenous Peoples 2016 in Bolivia and the reality that, even with million declared themselves white, 15 million UN International Decade for People of African populous communities with languages moving relatively strong protections in place, the cultural black and 82 million mixed race. While a Descent – a reflection of its importance as the towards extinction, some with very few and survival and even the very existence of many number of factors may have contributed to country with the region’s largest Afro-descendant elderly speakers. For example, according to smaller indigenous communities is by no means this development, a number of commentators population. the governmental agency FUNAI (National guaranteed in a context in which they themselves suggested that many Afro-Brazilians were now Brazil also has a varied indigenous population, Indian Foundation), the indigenous Apiaká and are marginalized by more dominant indigenous more willing to self-identify due to an increased though they make up a much smaller part of Umutina peoples of recently lost groups. pride in their identity. the national population. Based on the 2010 their last elderly representatives who were fluent Afro-Bolivians, as a minority population in Nevertheless, the census also highlighted census, just 817,963 people (around 0.4 per in their ancestral languages. a largely indigenous country, also continue to the severe inequalities that continue to divide cent of Brazilians) self-identified as indigenous. The 12th annual indigenous games, hosted by be marginalized. Besides having some of the Brazilian society along ethnic lines. Besides Just as Brazil’s large Afro-descendant community Brazil and opened by President Dilma Rousseff, highest levels of poverty in the country, the experiencing widespread social exclusion, lower is a legacy of colonialism, the decimation were held in October 2015. The games proved to community also lacks political representation and wages and fewer educational opportunities, Afro- of the country’s indigenous peoples from a be an important milestone for indigenous culture remains largely invisible in Bolivia’s public life. Brazilians also suffer significantly higher levels population of tens of millions to a fraction of as it was the first time that indigenous foreign Nevertheless, Afro-Bolivians have recently been of violence than Brazilians of European descent that size today began with the arrival of the first nationals could compete, making it a high-profile able to use their cultural activities as a platform – a trend that appears to be increasing today. In European settlers. Today, they continue to be international event. Widely hailed as innovative to highlight their presence and communicate 2015, a research study by the Latin American marginalized and struggle to secure recognition and important, the games celebrated the diversity their identity to wider society. In September of Social Studies revealed that, while the of their cultures and land rights, and other of indigenous cultures in a globalized world. 2015, the Afro-Bolivian community held a number of violent homicides committed against rights. Notwithstanding these challenges, Brazil’s Unlike the official Olympics, which will also be national event to celebrate their legacy in Bolivia white Brazilian women had decreased by 10 per diverse indigenous population still resides across hosted in Brazil in 2016, the indigenous games with a festival of music, literature, food and cent between 2003 and 2013, for Afro-Brazilian the country, with some 230 different peoples provided an alternative to the usual competitive dance. The aim of the event was to showcase women they had increased by 54 per cent speaking 180 indigenous languages. This includes hierarchy of gold, silver and bronze medals, the important contribution of Afro-Bolivians during the same period. This is a reflection of 69 communities without contact. with a holistic approach that moved beyond a in the struggle for independence and Bolivian their continued marginalization within Brazilian Indigenous culture in Brazil was systematically concept of individual winners and losers: instead, culture today, such as the Saya – a traditional society. attacked by the original Portuguese settlers, but awards were shared among the winning groups, dance based on African traditions but now an Despite this harsh reality, Brazil’s Afro- the more remote communities, particularly in the and every competitor was eligible for a medal to integral part of Afro-Bolivian culture. Juan Carlos descendant population has also achieved Amazon, managed to retain their cultures largely commemorate their participation. Ballivián, President of the National Afro-Bolivian international fame for its rich cultural heritage. intact due to their relative isolation from the But even as the games were inaugurated, some Council (CONAFRO), explained at the time Afro-Brazilian culture has a history that dates European invasion. Nowadays, after many years indigenous activists in Brazil were highlighting of the event that, ‘The Afro-Bolivian people do back to the arrival of the first slaves from West of invisibility, indigenous culture enjoys renewed the hypocrisy of a government that, while not want to be made visible for the stigma of Africa. To preserve their heritage, they developed appreciation: Amazonian artists and performers publicly celebrating indigenous culture, was the slavery of the past’ but only want others to sophisticated ways to maintain their cultures are famed for their elaborate woven handicrafts failing to address continuing discrimination appreciate the contribution that African culture in secret, which continue to be practised in and their dance, traditional dress and heritage. against them within the country, particularly has made to the country as a whole, and that the different forms to this day: for example, the Furthermore, with increasing international regarding their right to land. The Missionary community ‘therefore deserves the same respect spiritual practices of Candomblé and Capoeira, a awareness about the challenges of climate change Council for Indigenous Peoples (CIMI) launched and opportunities as other Bolivians’. martial art and dance sport that is now celebrated and resource destruction, Brazil’s indigenous a scathing report on violence and prejudice worldwide. There are also strong African heritage peoples have been praised for their culture of against indigenous peoples in Brazil, and accused Brazil roots in the annual Carnival in Brazil, with the respectful stewardship towards the Amazonian the government of presenting itself as supportive Brazil’s diverse population of close to 200 2015 Rio Carnival showcasing Afro-Brazilian forest and other eco-systems. of indigenous culture internationally while million is comprised primarily of Euro- and culture around themes of racial pride and anti- Yet this recognition comes at a time when destructive policies continue to undermine the Afro-descendants, the latter including both discrimination. indigenous culture is as much under threat as country’s indigenous population. Central to ‘preto’ (black) and ‘pardo’ (mixed) individuals. A number of exciting initiatives during the year ever. Language is often one of the first, and their protests was a major proposed amendment But while generations of intermarriage and the illustrated the continued vitality of Afro-Brazilian most important, cultural forms of expression to Brazil’s Constitution, the Constitution absence of a formal system of segregation has culture. In April, for example, the city of Recife that indigenous communities begin to lose. Amendment Bill 215/2000, known as PEC led some scholars to celebrate the country as a opened its first ever Afro-Brazilian museum, There are demographically larger groups, such 215, which will devolve the authority to ‘racial democracy’ where different ethnicities hosting exhibitions of Afro-Brazilian art and as Guarani (Kaiowá, Mbyá and Nandeva), protect and allocate indigenous territories from have been able to enjoy equal rights, systematic literature as well as seminars and workshops. The , , , , the executive (the president, FUNAI and the inequalities remain. For the first time in Brazil’s national museum of Afro-Brazilian culture in São and , living in different ) to Congress. As hundreds history, the country’s 2010 census found more Paulo also held an extensive programme of events regions of the country, which have a greater of its members are reportedly associated with Brazilians self-identifying as black or mixed race during 2015. And, more broadly, in December chance of protecting their languages due ‘ruralist’ business interests such as the extractive than as white: of the 191 million Brazilians, 91 Brazil hosted one of the first major events of the to their size. However, there are also less industries and agricultural corporations, the

114 Americas State of the World’s Minorities State of the World’s Minorities Americas 115 and Indigenous Peoples 2016 and Indigenous Peoples 2016 amendment is widely expected to pave the way on fishing and agriculture, to the Amazonian indigenous communities over the years. While for land allocation that favours the agricultural communities. In line with the country’s the murderer received the maximum sentence of Case study by Alfredo Gutierrez Carrizo and mining sectors, at the risk of many already avowedly multicultural Constitution, Venezuela has a 30-year term, community members are now and Carolyn Stephens beleaguered indigenous territories. Among other developed an innovative model of governance for its seeking to bring those responsible for funding provisions, PEC 215 would enable a range of various indigenous communities, with a dedicated the attack to trial, and also calling for the retrial caveats and exceptions to current protections that ministry for indigenous affairs, known as the of a number of policemen who, despite being Making a dream could jeopardize the integrity of communal areas Ministry of Popular Power for Indigenous Peoples. convicted for their involvement in the crime, and expose them to the risk of redevelopment. Its aims include strengthening the shared ancestry received light sentences of only seven years. reality: the story Approved by the Senate in September and then of indigenous communities, responding to their Afro-, like Venezuela’s indigenous the Special Commission for the Demarcation needs and promoting respect for their customs. population, have historically been under- of Argentina’s of Indigenous Territories the following month, Notwithstanding these positive measures, represented and it was only in the most recent the amendment will be referred to the Brazilian indigenous Venezuelans still struggle with a census in 2011 that citizens were able to self- first indigenous National Congress. If approved, it could present historical legacy of discrimination that persists identify as Afro-descendants – a term that itself a major threat to the ability of many indigenous to this day. In particular, indigenous peoples may have been unfamiliar to many respondents vineyard communities to maintain their way of life and have faced continuous pressure from state-owned and contributed to significant under-reporting. identity in the future. In its report, the CIMI companies and international corporations to The community, long marginalized, have enjoyed highlighted how essential land is to indigenous appropriate their land for extractive projects such stronger rights under the left-wing governments When, in late 2010, the indigenous Diaguita culture: ‘For the indigenous peoples, the as mining – a cause of frequent displacement, of former President Hugo Chávez and now Cacique of Amaicha del Valle, Eduardo ‘Lalo’ land is much more than a material asset; it is violence, arrests and health hazards for these Maduro. During the year, activists spoke out Nieva, was walking early one morning near fundamental for the construction of identities, communities. Of particular concern during the against the persistent impacts of discrimination his home in the beautiful Valles Calchaquíes ways of being, thinking, living together, building year was Presidential Decree 1,606, passed in on the community. Highlighting continued of Tucumán, Argentina, he came to a small life experiences.’ It went on to highlight February without prior consultation or consent, shortfalls in areas such as education and health, hilltop in the centre of the enormous valley that there had been no new ratifications of awarding a 30-year lease over 24,192 hectares Francisco Tovar, communication coordinator of between the mountains and looked around. indigenous territory since the beginning of the of land in the western region of Zulia to a the Consejo Nacional para el Desarrollo de las From there he could see the high Andean Rousseff administration and claimed that: ‘The Chinese-owned company, Sinohydro, for coal Comunidades Afrodescendientes de Venezuela mountains leading to Chile, north along increase in possession conflicts, murders and the extraction and the development of a hydro-power (Conadecafro), called for targeted assistance and the valleys towards the mountains bordering criminalization of indigenous leaders is closely plant. The project, which would have caused investment to ensure greater equality for the Bolivia and south towards the neighbouring connected to this unconstitutional decision by widespread environmental destruction in the area Afro-Venezualan population. In particular, he province of Catamarca. the Brazilian government.’ and potentially created a variety of health risks argued that the state needed to counter the legacy As this moment, Eduardo came to a for the indigenous population, was subsequently of colonialism by acknowledging and celebrating sudden decision – this would be the site of Venezuela revoked later in the year, when President the contribution of Venezuela’s Afro-descendant the first indigenous winery (bodega) and craft As in many countries, the way indigenous and Nicolás Maduro published a ‘correction’ in population to its national identity, freedom centre in Argentina. He called together the minority populations are identified through acknowledgement of the damage it would cause and culture, moving beyond a purely ‘folkloric’ Council of Elders and brought them to the Venezuela’s census has had a major impact on to the ecosystem and indigenous communities in representation of African traditions. hilltop. At this point, as Eduardo admits, the the numbers of people counted and how they are the area. While two existing mines will continue A welcome milestone for the community project was just a dream. perceived. Up until the 1982 census, there was to operate, the amendment in principle bars occurred in October, when the first ever no clear criterion for recognizing the indigenous any further exploitation in the area, though Afro‑Venezuelan woman was finally given the ‘We wanted to do something innovative, and it population. From 1992 to the latest census in 2011 indigenous activists remain wary of further honour of burial in the state mausoleum. Born was a huge challenge – to make viniculture in the criterion was self-identification, thus allowing attempts in future to appropriate their land. into slavery in Guárico, Venezuela in 1790, the valleys part of our own future. But this was for better comparative analysis. Strikingly, the Indigenous activists have frequently been Juana Ramírez fought against colonial rule not just about wine. It was also about creating self-identified indigenous population increased by attacked, even killed, in land-related conflicts during the Venezuelan War of Independence, a space for our artisans and local products, and 41.7 per cent between the 2001 and 2011 census with powerful interests who have often enjoyed commanding an all-women’s artillery unit. ■ recuperating security for the community in terms – an increase that suggests a growing sense of high levels of impunity for their crimes. However, of food, and economic and social sustainability.’ community identity. Within this population, which a historic ruling in August finally brought to comprises 2.7 per cent of the national total, there justice the assassin of a Yukpa leader, Sabino This would be the real challenge for the is, however, a diverse range of indigenous cultures Romero, murdered in March 2013 after leading community: the region, on both sides of that differ substantially, depending largely on their a series of land occupations of his community’s the Andes in Chile and Argentina, is home location in the country: ethnographers distinguish ancestral territory. The killing, which activists to many major international vineyards, 10 separate peoples in Venezuela, ranging from claim was sponsored by wealthy cattle ranchers, themselves fighting for space in the fiercely the coastal Carib indigenous communities, reliant was one of many violent incidents inflicted against

116 Americas State of the World’s Minorities State of the World’s Minorities Americas 117 and Indigenous Peoples 2016 and Indigenous Peoples 2016 competitive international wine market. But of organic, high-quality wine that will help the difference is that, while the country’s wine support not just the producer families, but industry in general is almost entirely controlled also the whole community through vino- by people of European descent, this would be tourism, tastings and trade in local artisanal owned and managed by the local community. products and traditional medicine. With Building an indigenous bodega was no easy task, its first harvest in 2015, the bodega will be however, and many hours were spent discussing officially launched in April 2016 with a how the indigenous community could create a major indigenous festival to celebrate this sustainable process with high-quality products exciting initiative. that could compete with established vineyards The key challenge is to ensure this whole while bringing the unique heritage of the enterprise is sustainable and continues Diaguita peoples of the ancient Calchaquí Valleys to benefit the community, both socially to the process. and economically. Representing a creative From these first discussions, progress to a fully interaction of ancient indigenous traditions functioning vineyard required a steep learning with the more recent European art of wine curve for the community. The first concern was cultivation, it raises broader questions about water – while the site was striking and regarding the opportunities that interaction highly symbolic, no one knew whether it would with the modern globalized world can bring, have enough water – but almost immediately alongside the potential pitfalls of assimilation the community found that they had a spring and cultural loss. Other indigenous wineries that could supply the bodega. There was then exist in the world and have faced the same the challenge of locating the first 25 producer challenges, including the first indigenous families to plant and care for the vines on small winery in Canada, founded in 1968 and plots of land. As none of the producers wished now established as a model of First Nation to use pesticides and had little or no training eco-vino-tourism, taking on major players in commercial wine-making themselves, the in the North American wine industry while harvest and transport of the grapes to the bodega complementing the production of wine has been supported by the whole community. with a distinctive experience of indigenous There was also the need to identify appropriate culture. grape varieties, including an ancient variety There is clearly no simple panacea to the brought by priests during the Spanish invasion protection and conservation of historical of Argentina, used by the community but rarely indigenous cultures, particularly in the commercialized, and a more common variety of context of globalization and free trade Malbec. And, finally, there was the sourcing of all agreements, and the community of Amaicha the equipment and the construction of the actual are aware of the tightrope that must be bodega, a traditional circular building made of walked between ancient heritage and symbolically selected local stones. contemporary culture. As Eduardo Nieva Fortunately, funding, advice and donations says, ‘The trick is to break the mould’ – an came from far and wide: besides support from achievement the winery has managed to pull the national government, a major and highly off by drawing on living traditions to create respected vineyard, Rutini, donated some of their an enterprise that, while adapted to today’s own barrels and local wine experts, engineers world, has nevertheless stayed true to the and architects offered their technical support free rich heritage of the community’s past. ■ of charge. As one local specialist in viniculture says, ‘The atmosphere here in the harvest and production of the wine is totally unique – a shared enterprise, with everyone working together with a shared solidarity.’ The vineyard aims to produce a small batch

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K and Jacqui Zalcberg AN AJIKIST AN T AN KAZAKHST MALDIVES N AKIST UZBEKIST P AFGHANIS- TA TURKMENIST (1.3 per cent) and Germans (1.1 per cent) each not report feeling marginalized, others speak of imprisonment in a labour camp in December make up smaller proportions of the population. steep barriers to integration and disillusionment on charges of ‘inciting religious discord’ for Central Other minorities make up a total of 4.5 per cent at the state of the ethnic and distributing religious literature. of ’s inhabitants. culture in Kazakhstan. Returnees from countries When Kazakhstan became independent in that were not part of the Union of Soviet Kyrgyzstan Asia 1991, ethnic and ethnic Russians Socialist Republics (USSR) report that their lack According to the 2009 census, almost 71 per cent represented a roughly equal share of the of knowledge of the impedes of Kyrgyzstan’s population identify as ethnically Katya Quinn-Judge population, though the former were under- their access to work and social services, as many Kyrgyz, while the remainder belong to minority represented in major cities. Over the past 25 local ethnic Kazakhs do not have full command groups. Ethnic , who are concentrated in or the five post-Soviet states of Central years, state policy has sought to balance two of the Kazakh language. Meanwhile, authorities the Ferghana Valley region in the country’s south- Asia, the year 2015 was marked by a parallel goals when it comes to cultivating – including Nazarbayev – have accused the west, made up 14.3 per cent of the population, F steep economic downturn, growing civic and ethnic identity. On the one hand, Oralman community of failing to contribute to while another 7.8 per cent of Kyrgyzstanis, concern about the security situation in northern the state has taken steps to avoid alienating the country’s economy, and the government even mostly residents of northern urban areas, identify Afghanistan and frequent public discussion its ethnic Russians, who, according to one briefly phased out subsidies in 2012. However, as ethnic Russians. Ethnic , and about the reportedly growing influence of Islamic standard narrative, are seen as a potential source subsidies have since been reinstated, and in Dungans each make up about 1 per cent of the State of Iraq and al-Sham (ISIS) in the region. of . On the other hand, authorities October 2015 the state passed legislation that population, while Turk, Tatar, Kazakh, Azeri, Recent events, such as a shootout in Kyrgyzstan’s have worked actively to increase the numbers of expedited the citizenship process for Oralmans – Korean, Ukrainian and German communities are capital involving alleged ISIS members, have Kazakhs and rehabilitate their traditions. The a move that some view as an effort by the state to present in smaller numbers. invigorated a narrative long promoted by officials state has retained Russian as an official language, put a more ethnically Kazakh mark on those areas One key event of 2015 was October’s in the region – that of a grave threat of terrorist while President Nursultan Nazarbayev has spoken of the country where ethnic Russians are present parliamentary elections. The Organization for incursion and calls for strict state control over consistently throughout the years of Kazakhstan’s in large numbers, in light of fears of a Ukraine- Security and Co-operation in Europe (OSCE) the practice of Islam. The year 2015 saw heads status as a land of pluralism and tolerance. type scenario in Kazakhstan. noted in one of its reports that ‘most parties of state take some harsh measures to limit the Yet authorities have also offered subsidies to State officials and prominent media outlets refrained from nationalist rhetoric, and neither role of Islam in public life, the clearest example ethnic Kazakhs living outside of the country’s regularly draw attention to the purported anti-minority campaigning nor intimidation of which was ’s ban on the moderate borders who choose to repatriate, in what the dangers of ‘non-traditional’ Islam – that is, of minorities was reported in the course of the Islamic Renaissance Party, previously the only United Nations (UN) has described as an effort Islamic practice that takes place outside of the campaign’. Nevertheless, national minorities were legal Islamic party in the region. to ‘preserve and develop Kazakh culture’. The state’s purview or appears to deviate from those under-represented on electoral commissions, While the five countries of Central Asia have state has designated both , the teachings mandated by the state. Even non- and, in violation of OSCE commitments, no all followed distinct political trajectories since the religion of most ethnic Kazakhs, and Orthodox violent Islamic organizations that fall outside official election material was available in minority break-up of the , each government Christianity, the primary religion of the country’s state-sanctioned boundaries are frequently said languages – that is, languages other than the state in the region has staked its legitimacy, to a Slavs, as ‘traditional’ religions, alongside Judaism to threaten Kazakh ethnic identity. The past language, Kyrgyz, and Russian, the second official greater or lesser degree, on its image as a guardian and Roman Catholicism. Many towns have few years have seen a crackdown on Tablighi language. Key minority groups were also under- and reviver of cultural traditions that are ostentatious new mosques and Orthodox Jamaat, a Sunni organization founded in India represented among the winners of the election: indispensable to the state’s survival in the modern churches built side by side to symbolize religious in 1926 that identifies as non-violent and while ethnic Russians are nearly proportionally world. Though discrimination based on ethnic, pluralism, and Nazarbayev has likened the two apolitical. Kazakhstan banned Tablighi Jamaat represented, ethnic Uzbeks occupy only 2.5 per national or religious identity may be legally religions to ‘Kazakhstan’s wings’, without either as extremist in February 2013. Nine alleged cent of the seats in the new parliament. prohibited, in practice appeals to ‘tradition’ can of which the country could not ‘fly’. On the members of the organization were on trial at The conduct and outcome of the election is be used to justify discrimination as well as to other hand, the president has said that the titular the beginning of 2016 on charges related to arguably reflective of Kyrgyzstan’s gradual and protect citizens from it. group has ‘a particular responsibility’ for the extremist activity, while an additional member is at times uncertain recovery from inter-ethnic country’s development. awaiting trial. Meanwhile, 19 alleged members violence in the Ferghana Valley region in 2010. Kazakhstan Notably, efforts to bolster the majority are known to have been convicted of crimes In June that year, around 470 people were According to the 2009 nationwide census, 63 ethnic group have helped to create what looks related to extremism since December 2014: eight reportedly killed in attacks lasting several days, per cent of Kazakhstan’s population of roughly at times like a new minority. Over the past 25 of these have received prison sentences, with almost three-quarters of whom were ethnic 16 million identify as members of the titular years, nearly 1 million so-called Oralmans, or the longest being four years and eight months, Uzbeks. Following the violence, the government ethnic group. Of the 37 per cent who identify as ‘returnees’ – members of the Kazakh diaspora while the rest have been sentenced to terms of promoted a narrative according to which Uzbek members of a minority, ethnic Russians are by far living in countries such as China, , Mongolia, restricted freedom to exercise their religion or community leaders with a separatist agenda had the largest group, making up 23.7 per cent of the and Uzbekistan – have elected to take belief. Members of Christian, non-Orthodox organized the attacks while ethnic Kyrgyz had population. Also, 2.8 per cent of Kazakhstanis advantage of state programmes that offer ethnic congregations also continue to face harassment fought back spontaneously. In keeping with this identify as ethnic Uzbeks and 2.1 per cent as Kazakhs subsidies to repatriate. While many and charges of extremism – notably, a Seventh narrative, about three-quarters of those tried Ukrainians, while Uyghurs (1.4 per cent), Oralmans have integrated successfully and do Day Adventist was sentenced to two years’ for crimes connected to the violence have been

122 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 123 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: Uzbek children in Kyrgyzstan. Furthermore, the defence noted, the expert did Nonviolent Peaceforce. not speak Uzbek and was forced to rely on a partial translation of the sermon. and 2015. At the same time, Osh’s Uzbeks are While Kyrgyzstan has strengthened laws increasingly embracing Kyrgyz majority markers against gender-based violence considerably in an attempt to avoid prejudice and expand their since independence, enforcement of these laws professional opportunities. For example, majority is often lax. In an October report on domestic ethnic Uzbek schools are largely switching their violence, Human Rights Watch (HRW) language of instruction to Kyrgyz and Russian, documents numerous cases of victims finding and in 2014 the education ministry did away themselves rebuffed by law enforcement, with the Uzbek-language university entrance and cites a representative of the General exam, citing insufficient interest. Prosecutor’s office stating that preserving the Meanwhile, Kyrgyzstan, like its neighbours, traditional family unit should take precedence is continuing to crack down on suspected over prosecuting perpetrators or compensating Islamic extremists. Like the authorities in victims. The UN Committee on the Elimination neighbouring states, Kyrgyzstan’s government of Discrimination against Women (CEDAW)’s has been accused of using the threat of terrorism 2015 report for Kyrgyzstan notes that many to target vulnerable and politically inconvenient women ‘lack the information necessary to constituencies. An oft-cited case is the arrest and claim their rights’, and for women belonging conviction of Rashod Kamalov, an ethnic Uzbek to minorities, among whom knowledge of state imam in Osh province known for his sermons languages is less prevalent – for example, ethnic denouncing the spread of western culture and Tajik and Uzbek women – language barriers what he regarded as the decline of traditional may pose an additional obstacle to obtaining . In December 2014, Kamolov publicly the requisite information. Other factors can criticized the country’s security services for what also conspire to prevent minority women from he said was their heavy-handed treatment of claiming their rights. Women from minorities ethnic Uzbeks, and the government has at times Prior to June 2010, the languages, dress styles devout Muslims, and suggested a number of may be wary of dealing with a predominantly taken steps to put a more ethnically Kyrgyz and artistic traditions of both ethnic Kyrgyz and Muslims were fleeing to Syria to escape torture at Kyrgyz law-enforcement system. As in stamp on the country’s institutions and public Uzbeks were key parts of the urban landscape the hands of law enforcement. In February 2015, neighbouring states, individuals with no family spaces. in Osh, in the Ferghana Valley region in which he was arrested for allegedly preaching calls to connections among law-enforcement officials In June 2015, on the fifth anniversary of the the bulk of the violence took place. In the years jihad. In October he was sentenced to five years’ often struggle to access justice regardless of their 2010 violence, OSCE High Commissioner on following the violence, the role of ethnic Uzbeks imprisonment for inciting religious hatred and ethnicity: minority women are less likely to National Minorities Astrid said that ‘the and their culture in Osh’s public life diminished for using his position to collect and distribute have such contacts. Finally, women belonging to authorities should be given credit’ for some of sharply. Six days after the attacks began, the extremist literature, a sentence that was extended minorities may be faced with added pressure to their efforts to rehabilitate areas affected by the regional government voted to rename what had to 10 years the following month. keep gender-based violence a private matter, so violence, stating that ‘destroyed property has been called the Kyrgyz-Uzbek University ‘Osh Kamalov’s trial can be viewed as a debate about as not to shame or make waves in communities largely been repaired and compensation has Public University’. The Uzbek Music and Drama the nature of tradition and who has the right that already feel threatened by the state. All of been paid to most of the victims’. She went on Theatre, a mainstay of the local arts scene and to claim to defend it. The prosecution’s case these factors played a role in the virtual absence to say, however, that ‘a sense of insecurity is still the country’s oldest theatre, was burned during hinged on the fact that Kamolov had devoted of any trials connected with sexual violence prevalent among the ethnic Uzbek community’, the riots and did not reopen until late 2012. a chunk of one recent sermon to the concept during the 2010 violence in Osh, in which and called on authorities to ensure ‘equal Centrally located cafes and restaurants that had of the , which they equated to an numerous Kyrgyz and Uzbek women – but more access to effective and impartial justice’. The previously been owned by ethnic Uzbeks were endorsement of violent jihad that contradicted of the latter – are thought to have been raped. cornerstone of official efforts to prevent further taken over in the year following the violence by the country’s Islamic traditions. The defence, intercommunal violence is the 2013 Concept of members of other ethnicities. Uzbek-language however, claimed that the prosecution’s key Uzbekistan Development and National Unity of the Kyrgyz pop songs were not performed at a concert expert , like many state officials who were Uzbekistan is Central Asia’s most populous Republic, which some experts consider vaguely again until 2013. Arguably, however, there has educated in the Soviet period, was poorly versed country, with more than 30 million inhabitants. termed and open to subjective interpretation recently have seen something of a resurgence in theology, which led him to miss the fact that While no census has been conducted since – although the tone of the final draft is of ethnic Uzbek culture, with the Uzbek Music Kamalov’s discussion actually revolved around 1989, authorities estimate that ethnic Uzbeks considerably more ethnically inclusive than that and Drama Theatre and its staff receiving awards the distinction between the canonical caliphate are 82 per cent of the population. Ethnic of previous drafts. from Kyrgyzstan’s Ministry of Culture in 2014 and the false caliphate that ISIS wished to create. Tajiks are estimated to make up 4.8 per

124 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 125 and Indigenous Peoples 2016 and Indigenous Peoples 2016 2015, President Emomali Rahmon vocally cent of the population; otherwise the largest The Uzbek state restricts the public and private Case study by Amina Haleem denounced dark clothes on women as minority groups are ethnic Russians (2.6 per conduct of its citizens in ways that observers ‘foreign’, and instead encouraged them to wear cent of the population), ethnic Tatars (0.7 frequently say violate basic human rights. Many traditionally colourful and vibrant clothing. per cent) and ethnic Koreans (0.6 per cent). of these restrictions govern traditional practices, Tajikistan’s Although he did not mention the hijab, While the nominally autonomous republic of or practices, which the state sees as threatening commentators noted that the president’s target occupies 37 per cent of the tradition. Restrictions on religious practice are crackdown on was clear. The Mayor of Khujand, Tajikistan’s country’s territory, ethnic Karakalpaks represent widely seen to be particularly intrusive and far- second largest city, quickly followed with a about a third of the Karakalpakstan’s population, reaching. Along with requiring religious bodies cultural identity demand to ban the sale of Iranian and and a very slight proportion of the country’s total to register according to a stringent procedure clothes, leading to a mass inspection of Islamic population. that is particularly onerous for smaller groups, clothing shops. The ethnic Tajik population is widely thought authorities are known to regularly harass The government of Tajikistan, the smallest country The annual Hajj pilgrimage to has to be much greater than official statistics indicate, members of religious minorities and interfere in Central Asia, has long targeted what it perceives also been restricted for individuals under given that many Tajiks and Tajik speakers may with their religious practice. For example, in as non-Tajik influences on its domestic culture. 35. In April, the Committee for Religious classify themselves as Uzbeks to improve their November authorities issued an order stating Poorly developed and discriminatory national and Cultural Issues issued the limitation and career opportunities: while state law prohibits that ethnic Uzbeks who are non-Muslims needed policies have fragmented Tajik society into insular linked the decision to ’s annual discrimination on the basis of ethnicity, members to specify burial arrangements in their wills ethnic identities, a legacy of the country’s five-year quota for Tajikistan’s pilgrims, which was of ethnic minorities are generally under- – a requirement that does not apply to other civil war that ended in 1997. Hostile relations reduced from 8,000 to 6,300. However, many represented in prominent public and private demographics. The order followed an incident with neighbouring Uzbekistan have reinforced citizens believe that the ban on youth travel sector positions. The UN Committee on the in July in which authorities allegedly obstructed Tajik nationalism, making daily life difficult is a pretext for a larger government strategy Elimination of Racial Discrimination (CERD) burial rites for a member of a Jehovah’s Witness for minorities, particularly Uzbeks. Tajikistan’s to prevent radicalization. The country’s raised concerns in 2014 regarding the shrinking family and stopped mourners from entering the authoritarian nationalism has affected the ability lawmakers have scrutinized individuals whom opportunities for children from ethnic minorities, family’s house, threatening hefty fines. of Uzbek speakers to participate meaningfully in they believe have links to extremist groups particularly ethnic Tajiks, to study in their The limitations placed on Muslims whose the political process, as the state’s lack of pluralistic and have expressed support for excluding all native languages. The Committee also suggested practices the state regards as ‘non-traditional’ language policies have essentially excluded Uzbek religiously inspired opposition parties from the that minority Tajik language and culture were can be even more severe, especially when their minorities from the political sphere. political sphere. increasingly casualties to the tensions between the practitioners may be critical of official policy. In addition to language barriers and low President Rahmon also asked parliament governments of Uzbekistan and Tajikistan. Restrictions take many forms, from police political representation, ethnicity directly this year to consider passing legislation CERD has also highlighted the decreasing use ordering women wearing the hijab to remove affects employment prospects for Uzbeks who that would forbid the civil registry from of the in Karakalpakstan, as their scarves or re-tie them at the back of their face discrimination while applying for jobs. accepting names with Arabic origins and well as concerns ‘at the inability of some members neck in keeping with more widespread Uzbek There are reports of private employers rejecting names designated as too alien to the culture. of the Karakalpak ethnic group to maintain their custom, to arrest and imprisonment. Forum applicants simply because they are ethnic Uzbeks. But Muslims are not the only religious culture, their livelihoods and their traditional 18 estimates that there may be thousands of On the other hand, government officials have group facing discrimination in the country: lifestyle’. The ecological crisis, along Muslims in jail on dubious charges of extremism. flatly rejected claims that discrimination occurs Christian denominations, including with state concerns about separatism – the region The Initiative Group of Independent Human during consideration of applicants for civil Jehovah’s Witnesses, face intense scrutiny. has produced several independence movements Rights Defenders of Uzbekistan estimates that at service positions even though they must provide Heavy‑handed restrictions on religious – both contribute to this. As a result of poorly least 300 Muslims were arrested and convicted on information on their ethnic origin during practices and foreign‑influenced holidays have conceived Soviet-era agricultural practices, some charges of religious extremism in 2015. recruitment. Amid these restrictive policies, some intensified because they are viewed as a threat of which persist to this day, Uzbekistan’s portion ethnic Uzbeks have attempted to assimilate into to secular Tajik culture: for example, in 2015 of the sea has gone from being a drainage basin the heavily exclusive society by requesting that the government implemented increasingly for the region’s largest rivers to a toxic . their children be registered as Tajik rather than restrictive measures on Christmas celebrations Fishing and cattle ranching, traditional sources of South Uzbek in order to increase their prospects of a by banning gift-giving and Christmas trees in income for Karakalpaks as well as for members of better future in Tajikistan. educational institutions. Ultimately, however, other ethnic groups living alongside them, now A heightened fear of religious extremism has the government has further alienated its range from unsafe or unprofitable to impossible. Asia intensified the government’s crackdown on minorities through its crackdown on diversity Meanwhile, the region sees few of the profits what it perceives as ‘foreign’ influences within – despite the fact that fostering a climate from the newly thriving oil and gas industries. Shikha Dilawri, Nicole Girard, Hanna Tajik society, including reports of police beating of tolerance and multiculturalism in the Karakalpaks claim that key government posts in Hindstrom and Farah Mihlar men with beards and even forcibly shaving country is the best path towards a stable and the province are dominated by ethnic Uzbeks, them. On Tajikistan’s Mother’s Day in March flourishing Tajik society. ■ many of whom are from the national capital, covers a wide variety of minorities Tashkent. and indigenous peoples, spanning many different

126 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 127 and Indigenous Peoples 2016 and Indigenous Peoples 2016 languages, religions and ethnicities. But while atheists, had been on a ‘hit list’ targeting bloggers mosque in the northern Bogra district, killing from 97.5 per cent in 1947 to 51 per cent by this diversity has long enriched the region, it and writers believed to be atheists released by the the mosque’s muezzin and wounding three 2014, due to in-migration by majority . also provides a continuous source of division in extremist Ansarullah Bengali Team in 2013, a others. On 14 March 2016, a Shi’a preacher This has led to ongoing conflicts, landlessness countries struggling with religious extremism, Bangladesh Islamist organization that has taken was also hacked to death in south-western and the erosion of cultural rights as indigenous caste-based hierarchies and an increasingly responsibility for many of these killings. Bangladesh by extremists. The militant group traditions and identity are closely connected to exclusionary nationalism. This has left little space Many of the writers targeted had been ISIS claimed responsibility for all three attacks, the land. According to the Kapaeeng Foundation, for minority and indigenous communities in outspoken in their support of the death penalty as well as the brutal murder of a Hindu priest an indigenous peoples’ rights organization, many states: from targeted attacks against places for those being tried under the International on 21 February 2016 at a temple in Panchagar, approximately 5,216 acres of land in the CHT of worship and the repression of traditional Crimes Tribunal (ICT), a domestic court set although authorities have repeatedly denied the were appropriated during the year by authorities, livelihoods to endangered languages and the up to prosecute war crimes committed during organization is operating in the country. local officials, private companies and Bengali prohibition of ancient practices, culture is the 1971 War of Independence, including The government of Bangladesh has settlers for plantations, forest reserves, tourist frequently on the frontline of inter-communal charges of genocide, for atrocities against Hindu systematically eroded the right of its indigenous developments and other uses. conflicts or government crackdowns. Poorly minority communities. The proceedings of the peoples to self-determination, particularly control This has occurred against a backdrop of regulated, top-down development is another ICT, however, have been repeatedly criticized by over their ancestral lands, closely related to the violence, intimidation and sexual assault. On threat that has often sacrificed the fabric of observers for not reaching minimal international realization of their collective cultural rights. 10 and 11 January 2015, for example, clashes established indigenous communities by displacing fair trial standards. On 18 November, the The Constitution of Bangladesh, through an between Jumma and Bengali communities them from their ancestral land, in the process Bangladesh Supreme Court rejected the amendment in 2011, asserts that ‘The people broke out during the inauguration of a college devastating their rich and irreplaceable heritage. death sentence appeal of Ahsan of Bangladesh shall be known as Bangalees in Rangamati, in the CHT, as Jumma student While across the region efforts are ongoing to Mohammed Mujahid of the Jamaat-e-Islami as a nation’, effectively creating an even more organizations began a protest calling for the improve stability through legal and and Salahuddin Qader Chowdhury of restrictive national identity that excludes the implementation of the peace accord. Two reforms, an essential element in achieving greater the BNP, both of whom were charged with indigenous non-Bengali population. While houses belonging to indigenous people were cohesion is to promote understanding and respect genocide for their role in killing , among the amendment also stated the importance of burnt to the ground, dozens were injured and a for the multitude of cultures coexisting in the other charges. Both were subsequently hanged protecting the ‘unique local culture and tradition curfew was imposed. The Kapaeeng Foundation region. on 22 November, despite accusations that the of the tribes, minor races, ethnic sects and documented continued harassment, arbitrary trials were politically motivated and allegations communities’, it disregarded calls to use the term arrests and torture of indigenous community Bangladesh of procedural misconduct, including arbitrary ‘indigenous peoples’ or ‘’. members, including the extra-judicial killing of at Bangladesh, a predominantly ethnic Bengali limiting of witnesses. Indeed, the UN Committee on the Rights least 13 people. The Bangladesh Adivasi Women and Sunni Muslim country, is increasingly The public response to the hangings was of the Child, in its October 2015 Concluding Network (BAWN) has highlighted the increasing divided by the struggle between moderation polarized, with many major newspapers Observations, noted its general concern about prevalence of sexual assault and murders against and exclusion – a situation that leaves its ethnic supporting the decision, while Jamaat-e-Islami ‘the lack of recognition by the State party of indigenous women, with rape reportedly used and religious minorities vulnerable, particularly called for a nationwide strike. These most recent indigenous identity of the Adivasi indigenous by some Bengali settlers to instil fear in the during moments of political crisis. The ruling rulings, however, did not lead to widespread peoples’. This is reflected, for instance, in community and drive them off the land. party, the secular Awami League, continues to attacks on minorities, in contrast to the violence official educational policies. Although the 2010 Tourism too poses an increasing threat to the face strong resistance from opposition parties that had taken place after the execution of Jamaat- National Education Policy asserts that children rights of indigenous peoples. According to the Bangladesh Nationalist Party (BNP) and Jamaat- e-Islami leader Abdul Quader Mollah in 2013, have the right to be instructed in their mother CHT Accord, local indigenous communities must e-Islami, resulting in widespread street protests when minority Hindus were physically attacked tongue language, in practice education is largely be consulted in development that affects them, yet and a heavy-handed response from state security. and properties destroyed. Similar outbreaks in Bengali, with little emphasis on indigenous Jumma activists continue to report cases of land Within this wider political conflict, however, is occurred following the ICT ruling in February history or culture, leaving many students grabbing to accommodate tourism developments. the battle for the cultural identity of the state. 2013 against Delwar Hossain Sayeedi, when struggling with language barriers. Despite some So too in south-central Bangladesh, coastal While Bangladesh’s religious minorities, Dalits Hindu community leaders reported attacks on limited government efforts in recent years to tourism development has been destroying the and indigenous peoples continue to be pushed over 50 temples. support indigenous learning, the survival of many way of life of the indigenous Rakhine community to the margins, often violently, attacks against Hindus were not the only minorities targeted languages remains in the balance. in Kuakata. Land donated by the then prime atheists and secularists are also increasing. during 2015. Sectarian violence against Shi’a The 1997 (CHT) Peace minister in 1999 for community improvement The year 2015 saw five people brutally hacked Muslims had been almost unheard of in Accord identifies the area as tribal, guaranteeing purposes has been illegally confiscated to build a to death in separate incidents throughout the Bangladesh, but on 24 October three bombs rights to self-governance and recognizing shopping complex in this resort town. Rakhine year. Avijit Roy, Oyasiqur Rhaman, Ananta Bijoy exploded during the Shi’a Ashura procession the cultural rights of the region’s indigenous have found it increasingly difficult to maintain Das, Niloy Neel and Faisal Arefin Dipan were in Dhaka, killing one and injuring dozens. communities, collectively known as Jumma. their distinct culture as their sacred waterways, all targeted for their books and . Roy, Das The procession had reportedly been conducted The accord remains largely unimplemented, cremation grounds and temple lands are and Neel, who were from the minority Hindu peacefully for four centuries until the attacks. however, and the proportion of the indigenous reportedly under threat, damaged or occupied by community but were either avowed secularists or Then on 26 November, gunmen entered a Shi’a population in the area has steadily declined, new migrants to the area. Their Buddhist religious

128 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 129 and Indigenous Peoples 2016 and Indigenous Peoples 2016 internationally, achieved less welcome attention consultation with the Hazara people themselves, Case study by Nicole Girard in 2001 when dynamited them, leaving who Salsal and Shahmama have watched over behind little more than empty voids. While for centuries. What is certain is that their in the western media this wanton destruction physical destruction has not dulled the power Hazara heritage and has been characterized as an assertion of the and importance of the statues in the Hazara Taliban’s extreme reading of Islam, whereby imagination, reflected in their continued presence the uncertain future representations of human features in art is in storytelling, poetry and film. However the forbidden, the targeting of the statues was also dilemma of their future is resolved, it is essential of the Buddhas of an assertion of dominance over the Hazara and that the community is involved in any discussions their homeland. The destruction was in fact part and able to communicate their own feelings Bamiyan of a larger campaign by the Taliban to suppress about this vital part of their heritage. This would the rights and identity of the Hazara. In a private at least be a positive step towards realizing the Below: Photo showing where one of order to Taliban commanders in 2001, leader cultural rights of the Hazara and reversing a long the Bamiyan Buddhas used to stand. For the minority , the Bamiyan valley Mohammed Omar specifically instructed history of discrimination. ■ Babak Fakhamzadeh. – the heart of the homeland in the that the Hazara’s cultural heritage be destroyed, central highlands of Afghanistan, where the and the Hazara celebration of Persian New Year, renowned Bamiyan Buddhas stood for centuries, Jashn‑e‑Nouroz, be prohibited. The order also carved into the side of a cliff – has long been a included forced land dispossession, anti-Shi’a symbol of their identity through generations of propaganda and restrictions on Hazara women, persecution, slavery and forced displacement. who generally maintained more freedom in their As Shi’a Muslims and a visible ethnic minority, society than other Afghan groups. Hazaras were killed in the thousands by the After the fall of the Taliban, the UN Taliban, the predominantly Pashtun movement Educational, Scientific and Cultural Organization that follows a hard-line interpretation of Sunni (UNESCO) declared the remains of the destroyed Islam. These events followed years of systematic Bamiyan Buddhas a World Heritage Site. Various discrimination, displacement and targeted governments and international organizations have killings. While their situation has improved since contributed to discussions over their potential the fall of the Taliban government, with increased reconstruction. Yet the debates have highlighted access to universities and civil servant positions, the difficulties in balancing restoration and discrimination against them continues and they historical integrity with the wishes of minorities have regularly been targeted for abductions and – in particular, concerns about how to rebuild the other rights abuses. In November 2015, for statues faithfully and in line with conservation example, reports emerged that seven Hazaras, guidelines stipulating the use of original materials. including a woman and child, had been beheaded Many local Hazara have expressed their desire by militants who Afghan authorities claimed for the statues to be reconstructed, not only belonged to ISIS. to reassert their cultural identity but also for The Bamiyan Buddhas had long been central economic purposes as a boost to tourism in the to the identity of the Hazara community. area. Some have blamed the Afghan government Although not built by the Hazaras themselves, for not pushing harder for reconstruction, seeing who only came to have an ethno-linguistic the delays and vacillation as another example of identity based in the region some centuries discrimination against the Hazara community. later, they have their own myths associated with Now, the fate of the destroyed statues hangs the statues, unrelated to . In Hazara in the balance. The government has reportedly folklore, the statues are of a star-crossed couple supported rebuilding the smaller of the two Salsal and Shahmama, whose doomed love ends Buddhas, although when a German team began tragically in both their deaths. The two remain rebuilding its feet in 2013 it was asked to stop: forever separated, petrified in stone, looking proceeding without using original materials across the Bamiyan valley. risked losing World Heritage status. As the debate However, the statues, long celebrated continues, decisions have been made with little

130 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 131 and Indigenous Peoples 2016 and Indigenous Peoples 2016 sites have also been destroyed and in some cases, Right: Dalit woman and child in India. ransacked: in 1906, there were 19 Buddhist Thessaly La Force. temples in the area, but today there is only one left. by the Vishwa Hindu Parishad (VHP), a right- For Bangladesh’s Dalit community, the year wing nationalist organization. As VHP members did not see any progress with the draft anti- consider the original religion of all untouchability law that was submitted to the Indians before colonialism and proselytization, Ministry of Law, Justice and Parliamentary they have reportedly undertaken drives to Affairs in 2014. The draft intends to implement ‘reconvert’ minorities and indigenous tribes constitutional rights to non-discrimination for practising Christianity, Islam and other faiths. Bangladesh’s estimated 5.5 million Dalits. While A report released by the VHP during the year it had been accepted positively by the ministry, claimed to have ‘returned’ 33,975 people to Dalit rights advocates say the government is their ‘original’ faith between June 2014 and June stalling on enacting the legislation while Dalits 2015, while also preventing 48,651 conversions continue to suffer from discrimination in access to to other religions. forces have in fact essential services, particularly water and sanitation been responsible for pushing for a national in urban housing. anti‑conversion law, often under the guise of freedom of religion laws, to prevent what they India see as mass conversions of Hindus to Christianity The year 2015 proved a critical test for Narendra and Islam. While similar laws exist in a handful Modi, the leader of the right-wing Hindu of states, they are not used to prevent conversions nationalist (BJP) elected to among religious minorities, Dalits and indigenous power the previous year. While many hoped that Adivasis; rather, these laws require either prior Modi might realize campaign promises to foster approval from district magistrates or that a local a strong multicultural India, for the most part official is informed. In any case, minority activists a Muslim man being beaten to death in Dadri, a centuries-old Muslim mosque in Ayodhya he has done little outside the scope of the BJP’s have criticized the proposed law as a means for Uttar Pradesh in late September, after rumours that some claimed had been built over a temple Hindutva, a potent form of ‘cultural nationalism’ the government to exert greater control over the spread that he had stored in his house. Modi erected at the birthplace of Ram. In 1992, Hindu that sees the state as Hindu and minority cultures religious rights of their communities. remained silent for weeks before describing the extremists destroyed the mosque and consecrated as a threat. Another source of contention in national incident as ‘saddening’, though he deflected blame a makeshift Ram temple in its place. While the These sentiments, actively encouraged by politics is the issue of beef slaughter, traditionally from the central government. A commission of incident immediately provoked riots across the Hindu extremists, appeared to be supported by taboo for devout Hindus as the cow is considered inquiry found the incident was premeditated and country that left more than 2,000 dead, the data from the country’s 2011 census released by sacred. One of Modi’s key election campaign not spontaneous as claimed by some BJP MPs, land dispute itself has remained unresolved for the government during the year, showing that points was a promise to curb the beef industry, and by December 15 people had been charged more than two decades. In April 2015, a court the Hindu population had dropped below 80 per run for the most part by India’s Muslim in the attack. Several other attacks followed, ruled that the land be split two-thirds to Hindu cent, the lowest level since independence, while community, once he came to power. While few including the murder of a Muslim headmaster by plaintiffs, and one-third to the Sunni Muslim the Muslim population has increased since the steps had been taken in the early part of 2015 a crowd in in November after he was Waqf Board – a judgment the latter stated it last census in 2001. However, while a simplistic to do so, some members of parliament (MPs) accused of allegedly stealing a calf. would challenge at the Supreme Court. In August reading of these figures could play into extremist became increasingly vocal in their calls for a ban, Communal violence remains a persistent the Supreme Court, although it did not yet make propaganda, commentators highlighted that with BJP Minority Affairs Minister Mukhtar problem in India, often triggered by identity- a ruling, declared that Hindu worship at the growth rates across all communities are slowing Abbas Naqvi, who is Muslim, saying in May that, related issues such as music or religious temple could go on as usual. This case has been down, suggesting a stabilizing trend. As BJP ‘Those who are dying without eating beef, can go processions, and in turn heritage may often highly politicized, with VHP members apparently hard-liners have routinely exploited demographic to Pakistan.’ be a primary target during a violent outbreak. attempting to begin construction of the temple. fears for political gain, with one party member Not long before, the BJP-governed state of Arson attacks against mosques, temples and Another factor contributing to targeted violence calling in January for Hindu women to bear more Maharashtra, one of the few states where beef other important religious sites have frequently is the continued influence of India’s exclusionary children to protect the Hindu religion, it was still slaughter was still permitted in some form, preceded or accompanied wider outbreaks of caste system on its Dalit population, also known feared that the data could be used to deepen inter- banned the practice in March – a crime now violence. Increasing mutual respect and tolerance collectively as Scheduled Castes, who are among communal divisions. punishable with up to five years in prison and an for cultural differences is therefore an important the country’s most marginalized groups. Statistics This obsession with the erosion of Hindu INR 10,000 fine. dimension to conflict prevention and resolution released by the National Crime Records Bureau identity is also reflected in the practice of mass Amid these tensions, related attacks against between different religious communities. This in 2015 suggest a 19 per cent rise in violent conversions or ghar wapsi, carried out primarily Muslims dramatically increased, culminating in is illustrated by the case of the Babri Masjid, crimes against Dalits during 2014 compared

132 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 133 and Indigenous Peoples 2016 and Indigenous Peoples 2016 to the preceding year, following a 17 per cent used in parts of India to control movements in pressure and the clauses on consent remained in a fractured shoulder. A report by Amnesty rise in 2013, mostly committed by members of protected areas – to prevent those from outside the amendment. International confirmed these findings, accusing upper-caste groups. Some have suggested that Manipur from settling in the state. Although the Securing the rights of the country’s indigenous the government of systematically failing lower rising assertions of Dalit rights have triggered the push for the ILP was not successful, the Manipur peoples to their ancestral lands is essential for the castes, women and female-headed households, backlash, although Dalits still face considerable state assembly – in a move apparently designed to maintenance and transmission of their cultural disabled people and marginalized ethnic groups. obstacles in accessing justice. Dalit women, who appease protesters – quickly passed three bills on practices to the next generation. India’s Dongria The earthquake has aggravated existing face even greater discrimination than their male 31 August that proved to be highly controversial Kondh people of the Niyamgiri hill range in discrimination faced by Dalits, who are counterparts, are at particular risk of violence for the indigenous Naga and Kuki communities. Odisha state, for example, consider the considered among the most marginalized in both from inside their community and at the While the bills attempted to limit migration into Niyam Dongar the seat of their god and believe and constitute some 14 per cent of the hands of the upper castes. the area, Naga and Kuki felt that they were passed that as the god’s descendants it is their duty to population. Dalits tend to live in remote, disaster- Despite ongoing violence, the Scheduled Castes without their free, prior and informed consent, protect the mountain, along with their identity prone areas, where they often perform dangerous and Scheduled Tribes (Prevention of Atrocities) and that they infringed on their land rights and and traditions. Though the mountain was slated and low-skilled jobs. Nearly half of all Dalits Amendment Bill was passed, reportedly with would result in the eventual destruction of their to be mined, the Dongria Kondh won a rare live below the poverty line, compared to one- little debate, by the upper house of Parliament identities. Opposition protests broke out in early victory blocking the development in 2014. Since quarter of the general population. Lower-caste on 21 December. This progressive amendment September, MPs had their houses burned by then, however, the continued threat to their women, in particular, have struggled to access added new categories of offences, including: demonstrators and eight protesters were killed mountain, traditional lands and livelihoods – in post-earthquake aid, largely due to a lack of dedicating Scheduled Caste/Scheduled Tribe by police. Opposition to the bills continued effect, their very identity – has hung over them. government information and difficulty reaching (SC/ST) women as devadasis (temple servants throughout the remainder of the year. ‘If they take away these rocks’, a Dongria man food distribution centres, according to the often forced to engage in sex); garlanding SC/ Negotiating a peace deal with Naga separatist explains of his mountain, ‘we’ll all die. We’ll lose Feminist Dalit Organization (FEDO). FEDO ST persons with shoes (a traditional insult); using groups also proved to be a priority for Modi, our soul. Niyamgiri is our soul.’ is pushing to boost representation for Dalits on SC/ST persons to engage in manual scavenging with an unreleased ‘Framework Agreement’ Nepal’s district disaster risk reduction committees, or carcass removal; sexual abuse or advances signed between the Government of India and the Nepal which allocate support to survivors. against SC/ST women; and preventing the use National Socialist Council of (Isak- Tragedy struck Nepal in late April when a 7.8 Nepal has struggled to approve a new of common property and wrongly occupying Muivah) (NSCN-IM) on 3 August. NSCN-IM is magnitude earthquake ripped through the Constitution since the end of its decade-long civil land of SC/ST persons, among others. Special one of a number of groups that have been fighting country, claiming the lives of over 8,000 people. A war and Maoist insurgency in 2006. The first courts are mandated to try these crimes. Though since before Indian independence to establish a second tremor struck the following month, razing Constituent Assembly – established to approve significant, the impacts of the amendments will homeland for Nagas, an indigenous people spread entire villages mostly in the country’s north. The the new Constitution – failed to reach consensus likely be limited if the broader shortcomings and throughout the north-east states. The agreement disasters exposed the deep-seated discrimination during a time of growing ethnic and religious biases of the justice system are not addressed. led to calls to repeal the Armed Forces Special faced by minorities and indigenous peoples fissures. No one ethnic group in Nepal constitutes According to the most recent available data from Powers Act (AFSPA) that still remains in place in the landlocked Himalayan nation. It also a numerical majority, although the Brahmin and the National Crime Records Bureau, from 2014, and gives security forces impunity for human pushed the government to adopt a controversial Chhetri hill communities hold political control. conviction rates for offenders remain very low rights violations. new Constitution, sparking months of political One of the key points of controversy surrounding at just 28.8 per cent. Similarly, the International Finally, Modi also made attempts to enforce friction and a deadly humanitarian blockade. the Constitution has been the nature of federalism Dalit Solidarity Network (IDSN) reports that less provisions in the 2006 Forest Rights Act (FRA), The Nepali government quickly came under and political representation of minorities. Spurred than 2 per cent of rape cases against Dalit women an important piece of legislation that could fire for excluding lower-caste and indigenous by April’s disaster, the parliament rushed to result in convictions, compared to 25 per cent potentially secure the rights of India’s indigenous communities, including women, from vital post- approve a new Constitution in September 2015, against women in India generally. Adivasi communities to their customary lands earthquake relief. According to a report by the with 507 out of 601 members of the Constituent Many of India’s indigenous peoples also struggle and forests. Implementation of the FRA has been IDSN, some 60 per cent of Dalits felt there had Assembly voting in favour. However, the process with exclusion and land rights issues, often extremely slow until now, with collective claims been intentional negligence in the provision of was engulfed by controversy, with Nepal’s exacerbated by conflicts with other groups in their languishing in bureaucratic processes and less rescue and humanitarian assistance in the wake Madhesi and Tharu minorities staging violent territories. During 2015, violence flared up in than 2 per cent of potential claims reportedly of the tragedy due to caste-based discrimination. protests against the draft legislation, which they the north-eastern state of Manipur. Meiteis have resolved. On 23 June, however, Modi issued a The study found that a majority of affected believe marginalizes their rights. Many minorities traditionally resided in the valley of Manipur, and directive to the Ministry of Tribal Affairs calling Dalits remained homeless over a month after the and indigenous communities want a federal government policies have frequently had the effect for the implementation of the FRA by granting disaster, when nearly 80 per cent of higher-caste structure divided along ethnic lines, while the of pitting them against hill-residing indigenous land rights to Adivasis within the next two communities had received tents or tarpaulins. new Constitution splits the country into seven communities, including Naga and Kuki. Protests months. These instructions came as a surprise to It also concluded that non-Dalits had been geographically demarcated provinces. Critics began to be organized in July, coordinated mostly many, as Modi had also this year been pushing prioritized for rescue efforts in the crucial days said that minorities and indigenous peoples from by Meitei student organizations, pushing for the for an amendment to the Land Acquisition Bill following the earthquake. One Dalit woman was Nepal’s plains, who make up over half of reinstatement of the Inner Line Permit (ILP) that would remove community consent clauses, verbally and physically assaulted while standing the population, were under-represented in the system – a form of colonial-era regulation still though by August the government bowed to in line for humanitarian relief, leaving her with country’s new 165-member parliament, initially

134 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 135 and Indigenous Peoples 2016 and Indigenous Peoples 2016 allocated a mere 65 seats. By contrast, Nepal’s undesirable population growth. As such, Nepali by the authorities and is now being developed terrorism from Pakistan. mountain and hill people – dominated by higher- women have effectively been branded second- into a large business complex in the tourist Though insecurity has persisted, the number of caste Hindus – are allotted 100 seats in the new class citizens. Among the most severely affected district of Thamel. As a result, they have lost sectarian fatalities of religious minorities fell by 35 parliament, thus favouring the established ruling are Madhesi women in the southern Terai region, access to a pond considered holy from which they per cent during 2015 compared to the previous elite. Madhesis and Tharus, who constitute most where marriages across the Indian border are used to bring water and lotus flowers for worship year, with the situation particularly improving in of the Terai population, say they were sidelined common. Lower-caste and socially marginalized at a nearby monastery as part of a daily ritual. A the second half of 2015. However, this decline during the constitutional drafting process due minorities are likely to be hit the hardest, nearby stone used for death rites was also lost. It was lower than the reduction in violent killings to distrust towards them among the mainstream potentially fuelling statelessness in southern reflects how the country’s ‘top-down’ approach in general, which over the year as a whole fell by political parties. Nepal. to development, driven by the ruling elite, has 40 per cent. In fact, in the first quarter of 2015 As a result, Madhesis staged a blockade along Hindu nationalists also called during the year served to further marginalize and entrench fatalities among minorities actually by 38 per key trade routes with India, preventing essential for Nepal to formally adopt the majority faith as discrimination against Nepal’s indigenous peoples. cent compared to the same period in 2014, while goods such as food, fuel and medicine from its . In the end, Nepal’s parliament Newari traditions have had an enormous general conflict-related fatalities were 20 per cent reaching the country, causing prices to soar. The ruled that the Constitution should remain impact on the country’s cultural heritage, lower – a disparity that suggests that minorities crisis escalated when India refused to let further secular, reflecting the diversity of the country’s especially in the Valley, where the do not necessarily benefit equally from security vehicles enter in what Nepal claimed was a display religious groups, including sizeable Buddhist, community comprises a sizeable part of the efforts. But while perceptions of the NAP’s effects of support for the Madhesis, who share cultural Christian, Kirat and Muslim minorities. The population. Practising a mixture of Hinduism, have been mixed, with some crediting it for the and linguistic ties with people in Uttar Pradesh decision sparked violent protests in the capital Buddhism and -worship, the Newaris improved security situation while others have and Bihar states. By the end of the year, the World Kathmandu, where nationalists torched vehicles have built the vast majority of Kathmandu’s criticized its expansion of military powers, the Food Programme was warning of an impending and looted churches. But in fact Nepal’s famed cultural and religious sites, which draw plan’s acknowledgement of the specific situation humanitarian catastrophe unless a political Constitution continues to favour the Hindu faith thousands of visitors each year. For example, of minorities– including its aim to ‘stop religious resolution could be reached. Dalits and remote by defining as ‘religious and cultural the UNESCO-listed Durbar Square and extremism and to protect religious minorities’, indigenous communities struggling to recover freedom including protection of religion and complex are based on Newari as well as curb hate speech – are unusual in their from the earthquake were severely affected by the culture prevalent since ancient time’. Another architectural and cultural traditions. Durbar acknowledgement of the specific situation of blockade. For example, Dalit labourers found clause imposes criminal penalties for those who Square was severely damaged in the 2015 minorities. themselves unemployed as construction sites were convert Nepalis to another faith, clearly intended earthquake, which flattened numerous historic Whether this will achieve a lasting impact for closed down. In January 2016 the government as an effort to protect Hinduism. It poses serious stupas and temples. Newari heritage suffered minorities, however, remains to be seen. Despite agreed to a number of amendments that would problems for freedom of religion and conversions similar damage in a 1934 earthquake, resulting the weakening of extremist outfits such as the grant the Madhesis and Tharus greater political in Nepal, raising the possibility of selective in some structures being rebuilt without due Lashkar-e-Jhangvi (LeJ) and the decrease in representation. However, disputing parties failed enforcement. consideration for their original architectural overall sectarian violence, 2015 saw increased to reach agreement on boundary delineation and The Constitution also retains the cow as the style. Nevertheless, the durability of the Newari numbers of Shi’a killed in sectarian attacks the protests only came to an end when fatigued national symbol of Nepal, fusing the country’s architectural style has also been credited with compared to the previous year. In January, Madhesi traders tore down the border blockade cultural identity with Hinduism, officially protecting some key temples – such as the Jundallah – an offshoot of the TTP, which has the following month. practised by some 80 per cent of the population Kumari Ghar or home for a child ‘living ’ pledged allegiance to ISIS – bombed a Shi’a The Constitution has also attracted criticism (although this number is disputed by minority – from damage in April’s earthquake, while mosque in Shikarpur, province, killing 60 for some of its other provisions. For example, activists). Nepal already imposes a 12-year jail other nearby temples mimicking the design but people. Just over two weeks later in Peshawar, Nepali women are still unable to pass on their sentences for cattle-slaughter, impinging on not the traditional techniques crumbled. It is another Shi’a mosque was targeted during Friday citizenship to their children unless the father is the cultural rights of the country’s indigenous therefore imperative that Nepal’s post-earthquake prayers by the TTP, leaving at least 20 dead. Later, also a citizen. Children born to Nepali mothers peoples. According to the Lawyers’ Association reconstruction process is inclusive and sensitive to in December 2015, LeJ claimed responsibility for and foreign fathers are barred from holding a high for Human Rights of Nepalese Indigenous cultural traditions. a bombing in Parachinar in the north‑west tribal political office as they can only obtain ‘naturalized Peoples and National Coalition Against Racial region, killing at least 22 Shi’a. citizenship’. This appears to be rooted in Discrimination, this policy ‘historically has Pakistan Particularly vulnerable to attack and with patriarchal notions of Hindu-based nationalism, been used to carry out the State’s forced cultural The tragic events of December 2014 at the Army limited government protection are Pakistan’s Shi’a which perceives women – especially from the assimilation of indigenous peoples and to forge a Public School in Peshawar cast a long shadow Hazara, who suffer intersectional discrimination marginalized Madhesi minority inhabiting the homogenous identity for Nepali citizens’. over Pakistan in 2015. Following the attack by the as a visible ethnic minority as well as for their plains near the Indian border – as potential Nepal’s indigenous peoples faced continued Tehreek-e-Taliban Pakistan (TTP) that claimed faith. Living mostly in Quetta, Baluchistan, threats to national security. The provision has encroachments of their land and cultural rights at 141 lives, including 132 children, the government in recent years Hazara have increasingly been come under fire from women’s and human rights the hands of the high-caste Hindu elite based in introduced a 20-point National Action Plan targeted by Sunni militant groups such as the activists, but male politicians have defended it Kathmandu during 2015. For example, ancestral (NAP) that relinquished greater political authority LeJ and TTP. In late May, five members of the as necessary to prevent men from neighbouring land belonging to the indigenous to the military and introduced a broad range community in Quetta were killed in two separate countries marrying Nepali women and creating of the Kathmandu Valley was unlawfully snatched of measures with the stated aim of eradicating shootings, followed by the deaths of five more

136 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 137 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Hazara in June. In early July two brothers were accused of blasphemy continue to languish ability to adopt a child. Finally, after decades of While the UN says the figure is closer to 4,000, shot and killed when queuing at a passport office in prison. This includes Asia Bibi, a Christian legal limbo, in a landmark decision in February it has also been reported that as many as 10,000 in Quetta. Other Shi’a sub-sect communities such woman on death row since her conviction in 2016, the Sindh Provincial Assembly approved Pakistani Christians are living ‘under the radar’ in as Ismailis have also been increasingly targeted, a high-profile blasphemy case in 2010. In July the Hindu Marriage Bill, marking the first time Thailand. with 43 killed in a single attack in May when 2015 the Supreme Court agreed to suspend her Hindu marriage laws have been codified in a The rising climate of intolerance has also put gunmen stormed a bus in Karachi. execution to hear an appeal against her sentence, province of Pakistan. This similarly benefits at risk the existence of some smaller religious Pakistan’s Ahmadiyya community, long although no date was set. In October she was Sindh’s Zoroastrian and Sikh populations, who minority groups, some of which have not typically persecuted at both a popular and official level, placed in solitary confinement after threats to her can also register their marriages under this been the target of violence. This includes Pakistani continued to be targeted in religiously motivated life following the Court’s decision to uphold the new law. A national law that would apply to who, as vulnerable minorities in an unstable attacks during the year, primarily in Punjab and death sentence of Mumtaz Qadri, who murdered Baluchistan, Khyber-Pakhtunkhwa and Punjab – environment, have been prompted to leave the Sindh, including in October when gunmen Salmaan Taseer. Following Qadri’s hanging in all of which have passed resolutions allowing the country in recent years, speeding the dwindling injured a man and his nephews in Karachi as February 2016, protests against the execution federation to legislate on the matter – is currently of their community. For Pakistan’s small Zikri they returned home from worship. In November and in support of Pakistan’s blasphemy laws have under consideration, but progress has been stalled population, rising extremism – including the in Jhelum, Punjab, a mob set fire to an Ahmadi- occurred across the country. partially due to a controversial clause in the draft appearance of pro-ISIS graffiti in south-west owned factory following rumours of blasphemy In addition to everyday discrimination bill that states that a marriage will be annulled if Pakistan – has fuelled fear in the community. allegations against the factory owner and Ahmadi in education and employment, Pakistan’s any spouse converts to another religion. Hindus Following violent attacks in 2014, and the murder workers, and it was not until the army intervened Christian community also experienced a rise are also harshly stigmatized in government school of six Zikris by Lashkar-e-Khurasan militants in that the situation calmed. In the wake of the in violent attacks in 2015. In March, a Taliban textbooks, and their places of worship continue to August 2015, many Zikris have been forced to attacks, some Ahmadi women in Jhelum were offshoot bombed two churches in a Christian be targeted. conceal their identity and flee their historic homes forced to remove their distinctive burqas and neighbourhood of Lahore, killing 15 people Other groups besides religious minorities to other parts of the country. cover their heads with scarves to avoid detection. and injuring more than 70 who were attending also experienced discrimination in Pakistan in Sikhs, many of whom now live in the north- The following day the community suffered a Sunday mass. The attack sparked a strong reaction 2015. Afghan refugees, many of whom have west of the country and whose heritage stretches subsequent attack when a crowd set fire to a from the Christian community, with violent been living in the country for decades, saw their back 500 years to when the religion was founded local Ahmadi place of worship. The persecution protests and the killing of two men accused of situation worsen following the introduction of in what is now Pakistan, have also been compelled of Ahmadis in Pakistan is encouraged by a involvement in the two bombings. Following the the NAP, with harsher limits on legal residency to leave the country in increasing numbers. constitutionally sanctioned legal regime, broadly immolation of a 14-year-old Christian boy by two encouraging greater levels of police harassment Migration spiked following violence targeting the referred to as the ‘anti-Ahmadi laws’. men in Lahore, in May a mentally ill Christian and extortion. Meanwhile, in the context of the community in mid 2014. For the first time, police Pakistan’s notorious blasphemy laws, often man accused of blasphemy narrowly avoided the continued separatist struggle in Baluchistan, and CCTV cameras were deployed at the two used to settle personal scores and achieve political same fate at the hands of a mob before police disappearances, torture and extra-judicial killings remaining Sikh temples in Peshawar and 1,000 gains, continued to disproportionately impact intervened to arrest him and after which local of armed separatists and activists by security forces police were dispatched to protect worshippers Pakistan’s minority communities. Yet in a Christian homes were ransacked, forcing some reportedly continue, sustained by a climate of during the Baisakhi festival to mark the Sikh new positive step, a recent Supreme Court judgment to flee. Later in 2015, a Christian couple in impunity. In April 2015, just after hosting a small year in 2015. acknowledged that criticizing or reforming Sheikhupura, Punjab, were attacked by a crowd panel discussion on Baluchistan’s ‘disappeared In a recent act of symbolic importance, blasphemy laws does not itself constitute after local clerics accused them of committing people’, prominent Pakistan human rights activist however, the Hindu celebration of Diwali was blasphemy. An October judgment then cautioned blasphemy. The situation shows little sign of Sabeen Mahmud was assassinated. Mahmud was officially designated a public holiday in Sindh that, according to Islam, a false accusation abating: 2016 began grimly with an arson attack the director of T2F café, an arts and social forum province. Celebrations in Karachi were joined by of blasphemy could be as serious a crime as on a church in Lahore, and the burning of in Karachi. Prime Minister Nawaz Sharif, who delivered an committing blasphemy itself. Still, the process and other Christian literature at a church in Violent attacks and discrimination against address in which he expressed his solidarity with of reforming the country’s blasphemy laws has Kasur, plus an attack against Christians who were minorities have been legitimated by the gradual all victims of violence, no matter their religion. remained at a standstill, in part due to a climate privately worshiping in Sialkot. development of a rigid national narrative that, Earlier, in April, the Supreme Court of Pakistan of intimidation against reformers, such as the Recent years have also seen Christian girls in the decades following Partition, has included issued a ruling on the rebuilding of a Hindu assassinated minorities minister Shahbaz Bhatti increasingly subjected to abduction, forced the renaming of streets and towns, as well as the temple in Karak district, Khyber-Pakhtunkhwa and Punjab governor Salmaan Taseer. While met marriage and conversion to Islam. Yet such deliberate abandonment of cultural practices – an issue that had led to a rift between local with scepticism, another notable development was acts have typically and more frequently been such as minority religious festivals. Despite the religious leaders and the Hindu minority the announcement by the head of the Council committed against Hindu girls and women, resilience of Pakistan’s minority communities, community. The Court ordered that the temple, of Islamic Ideology (CII) of his willingness to who are especially vulnerable due to the lack of this repression has often left minorities with destroyed by extremists in 1997, be restored by review the country’s blasphemy laws to determine Hindu marriage laws. This has deprived Hindu little choice but to flee the country. In Sindh, provincial authorities. if they are Islamic, requesting the government to women of basic documentation to prove their historically known for its tolerance and pluralism, Through teaching methods and materials, officially refer the law to the CII. marital status or identity, as well as restricted rising extremism has compelled large numbers schools in Pakistan have long propagated Members of Pakistan’s minority communities their access to divorce, inheritance, visas or the of Hindus to leave their historic homeland. exclusionary views concerning the historical

138 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 139 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: Members of Pakistan’s Sikh minority pray at transitional justice, including meeting their own a temple in Hassanabdal. Jared Ferrie/MRG. pledges to form a TRC and to set up an office of missing persons and reparations, while in addition opposition UNP secured 106 seats of the 225 calling for the setting up of an investigative available and its leader Ranil Wickremasinge, mechanism on the lines of OHCHR’s together with Sirisena, formed a ‘national unity’ recommendations. government. In a significant and reconciliatory While the government of Sri Lanka has taken move, the new parliament appointed steps towards meeting some of their commitments Rajavarothiam Sampanthan, leader of the Tamil under the resolution, it is still unclear if and how Nationalist Alliance (TNA) – considered the such a hybrid accountability mechanism will political proxy of the Tamil Tigers during Sri be set up. In December, a former commission Lanka’s armed conflict – as opposition leader. investigating disappearances accepted that some Other immediate measures taken by the Sirisena breach of international laws had taken place, government to win the confidence of minorities but went on to argue they were not systematic. included appointing the country’s first Tamil chief The Sri Lanka Campaign for Peace and Justice justice and removing a controversial Sinhalese has warned that such comments are dangerous former military official from the post of governor and may undermine the transitional justice of the Northern Province. process. Recent contradictory statements from In February 2015, the new Sri Lankan the country’s president and prime minister have government successfully postponed a vote on a caused further confusion, and cast doubts over the UN Human Rights Council (HRC) resolution government’s commitment towards a transitional that, building on previous resolutions, was justice process. While noting the progress made expected to call for an international mechanism by the government towards such a process to investigate and prosecute violations of following his visit to Sri Lanka, the UN Special and contemporary place of religious minorities targeted human rights violations since he took international laws in the last stages of the armed Rapporteur on the promotion of truth, justice, in society, while also restricting minorities office in 2005, as well as Muslims, who since conflict. Mandated by the HRC to investigate reparation and guarantees of non-recurrence, from learning about their religious and cultural the end of the armed conflict have been victims these violations, the UN Office of the High Pablo de Greiff, warned in April that there could heritage. However, in a positive move, in January of hate campaigns and attacks by Sinhalese Commissioner for Human Rights (OHCHR) be ‘no shortcuts’ to reconciliation and called for a 2016 it was announced that, from 1 April 2016, Buddhist nationalist groups. Rajapakshe had on 15 September released its long-awaited report state policy centred on human rights. a book called Ikhlaqiat (‘Ethics’) will be included been exceptionally popular among the majority to the Council. The OHCHR report confirmed In October, detained under the in all Sindh public school curriculums, allowing Sinhalese after leading the country’s military, victim accounts of war crimes and reported that, Prevention of Terrorism Act (PTA) went on a minority students to study teachings of religions in May 2009, to defeat the Liberation Tigers of from 2002 to 2011, ‘horrific levels of violations five-day hunger strike demanding their release, such as Christianity, Hinduism and , (LTTE), who were fighting for a and abuse’ had been committed by all parties highlighting the complex and vast range of instead of requiring solely Islamic studies. separate homeland for minority Tamils in the to the conflict in Sri Lanka. Additionally, it minority rights violations needing redress by north and east. Hundreds of thousands of Tamil concluded that the country’s judicial system is the government. According to a report by the Sri Lanka civilians were trapped in the last stages of fighting incapable of investigating and prosecuting such human rights group Watchdog, of the 181 The year 2015 ushered in fresh hopes for Sri and both parties have been accused of violating crimes, nor could it be trusted by victims to do officially accounted for PTA detainees, 5 have Lanka’s minorities with the surprise defeat of international human rights and humanitarian so following the failure of similar investigative been remanded for up to 19 years without a Mahinda Rajapakshe in the 8 January presidential laws. mechanisms in the past. The report proposed a clear verdict, another spent 15 years in prison elections and the appointment of former health Sirisena formed his cabinet with the leadership hybrid court formed of national and international without a formal charge, while the large majority minister Maithripala Sirisena as the country’s of the main opposition United National Party judges. Just days preceding the release of the of those arrested recently have yet to be formally Executive President. Rajapakshe, whose (UNP) and immediately pledged to work towards report, Sri Lanka’s new Mangala charged. Many have also reported being tortured government had been widely accused of serious reconciliation between all communities. In July, Samaraweera, addressing the HRC, accepted while in detention. Towards the end of the human rights violations, including war crimes Sirisena dissolved parliament and called for a the limitations of the local judicial system and year, the government announced it was looking during the last stages of the armed conflict in parliamentary election. Rajapakshe attempted outlined an ambitious plan towards ensuring into repealing the PTA and in December the 2009, was defeated in large part due to minority to make a return to power by suggesting he justice for victims, including appointing a truth government signed the UN Convention for voters, who voted against him in significant would have to be appointed prime minister if his and reconciliation commission (TRC). On 1 the Protection of All Persons from Enforced numbers. The defeat of Rajapakshe brought political party gained the largest number of seats October 2015, the HRC unanimously adopted Disappearance – both positive steps towards new hopes and aspirations for the country’s in parliament. Despite a tense and closely fought, a landmark resolution that committed the guaranteeing minority rights. Tamils, who had faced increasing incidents of yet remarkably peaceful, election campaign, the government to a series of critical steps towards The legacy of Sri Lanka’s bitter decades-

140 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 141 and Indigenous Peoples 2016 and Indigenous Peoples 2016 long conflict continues to be felt, however, While land rights and justice are central identities inclusive, in many countries across Rohingya Muslims in western Burma, but also particularly in the north and east of the country elements in the country’s efforts at reconciliation, the region discriminatory policy and practices ethnic Indian and Chinese residents – were where a large proportion of the country’s Tamil culture and freedom of expression have been remain. Thailand, for example, has an almost stripped of their voting rights due to concerns minority reside. Over years of fighting between marginalized, particularly after decades of exclusive Thai-language policy in schools. about their citizenship. This represented a the forces of the Sinhalese majority government repressive policies by the Sri Lankan government Officials have refused mother-tongue education complete change of policy from all previous and LTTE militants, these regions experienced that saw religious practices prohibited and reforms, arguing that this would pose a threat elections, including the 1990 election won by huge upheaval due to large-scale displacement, heritage destroyed. These problems persist to to the centrality of , leading to the NLD but later annulled by the junta. The thousands of extra-judicial killings and the this day, with the Oakland Institute reporting in poor performance and high drop-out rates decision was broadly viewed as an effort to increasing militarization of public life – issues 2015 a ‘silent war’ replacing the armed conflict, among minorities and indigenous peoples. In placate escalating hostility towards the Rohingya, that are still affecting daily life in the areas with continuing militarization, displacement , old animosity towards the Vietnamese who are treated as interlopers from Bangladesh today. In particular, since the end of the armed and Sinhalization in minority areas, reflected administration continues to fuel discrimination and heavily persecuted. By June, some 100,000 conflict there have been a number of reports in the construction of Buddhist shrines and against ethnic Vietnamese, who are provided were estimated to have fled the country by by international and national human rights victory monuments that affirm Sinhalese control. with no space to be part of the cultural-imaging boat since the outbreak of communal violence organizations documenting cases of sexual assault Research by Minority Rights Group International of Cambodia, which continues to emphasize ‘the in 2012, culminating in ’s worst and violence against Tamil women. In May, has highlighted similar findings, including the people’. In Burma, Buddhist extremists refugee crisis in decades. violent clashes broke out between protesters and taking over of land for Buddhist religious sites, are leading campaigns against Muslim cultural Anti-Muslim sentiments have continued to police in the northern city of Jaffna over failures the emergence of Buddhist symbols and places of practices, such as women’s head coverings, with thrive as a monk-led nationalist organization, to swiftly investigate the rape of a Tamil . worship in minority areas – in some cases where the complicit support of the government. known under its Burmese acronym Ma Ba Soon after the incident, President Sirisena visited no Buddhists resided – and the denial of Tamils’ While minority or indigenous cultural Tha, has gained prominence. The group the family of the victim and assured immediate access to Hindu places of worship and cultural manifestations are often actively targeted by launched an aggressive campaign to slander the action. In October, the Jaffna District court sites. Protecting Tamil and Muslim culture in the extremists, another challenge is that their opposition party ahead of Burma’s election, convicted four soldiers for the rape of a Tamil north and east, as well as reducing the pressures traditions and identities may simply be fuelling suspicion that Ma Ba Tha enjoys woman in 2010, the first ever conviction of posed by militarization and rapid in-migration, overlooked. For example, in a region where so political backing from the army-affiliated Union military personnel by a local court, making it a will therefore be an essential element in ensuring many of the economies are based on natural Solidarity and Development Party (USDP). In groundbreaking victory for minority women. peace and reconciliation in the country. Measures resource extraction, the importance of these August, President signed into law the While the civil conflict was primarily between adopted by Sirisena since the beginning of territories to the cultural beliefs and practices last of four controversial ‘race protection laws’ authorities and the Tamil minority, Sri Lanka’s 2015, such as allowing the national anthem of indigenous peoples is often sidelined by proposed by Ma Ba Tha to curtail the rights of small Muslim minority were also deeply affected to be sung in Tamil in Colombo after years of decision-makers promoting development – a religious minorities and women. Speaking at by the civil conflict and many are still in a unofficial restrictions, as well as reframing the process that not only displaces them from their rallies during the election campaign, prominent limbo decades after being displaced from their commemoration of the end of the conflict not ancestral lands, but also excludes them from vital nationalist monks likened the NLD to a ‘Muslim homelands. October saw Sri Lanka’s northern as a ‘victory day’ but a day of remembrance, are livelihoods and spiritual sites. party’ and urged voters to back the USDP. Muslims mark 25 years of being forcibly evicted important steps forward. The opposition party subsequently scrubbed by Tamil militants in what was the country’s Burma/ all Muslim candidates from its candidacy list, largest single case of during the The year 2015 marked a milestone for Burma as while the election commission blocked almost conflict. Some of them, now numbering close it held its first openly contested general election all independent Rohingya politicians from to 300,000, remain in displacement camps in Southeast since the end of 50 years of military dictatorship. participating. Burma’s parliament will now poor conditions, emphasizing the importance of The opposition National League for Democracy include no Muslims for the first time since including the concerns of the Muslim population (NLD), led by Aung San Suu Kyi, achieved a independence. in any transitional justice arrangement. Since Asia landslide victory, securing 77 per cent of seats Ma Ba Tha’s crusade has further restricted the end of the conflict a hate campaign, led by in parliament and ousting the military-backed the space for Muslims to practise their faith and the Buddhist extremist organization Bodu Bala Nicole Girard and Hanna Hindstrom ruling party. But this historic moment was culture in a country dominated by Buddhist Sena (BBS), has targeted Muslims and focused overshadowed by religious and ethnic frictions, religious rites. This year, the group began a particularly on the community’s religious and One of the most significant barriers to the fuelled by a Buddhist nationalist movement that campaign to ban Muslims from slaughtering cows social practices, such as their dress codes, prayer realization of minority and indigenous cultural is playing an increasingly destructive role in the (considered sacred among many Buddhists in rituals and halal slaughter methods. In December, rights in Southeast Asia is ethno-religious country’s politics. Burma) during the annual Eid al-Adha festival. the Sri Lanka Muslim Council warned that the prejudice, often based on exclusive nationalist Millions of ethnic and religious minorities were As a result, Muslims were forced to keep their BBS was attempting to reignite their campaign agendas, whereby the cultures of minorities prevented from voting in the November poll, festivities low-key out of fear of violent reprisals. against Muslims by claiming that they were and indigenous peoples are for the most part either as a result of conflict or discriminatory In the Irrawaddy delta, radical monks worked harbouring extremists who were planning a neither recognized nor respected. Although electoral rules. Notably, hundreds of thousands with the local authorities to shut down Muslim- terrorist attack in the country. there have been efforts to make national of temporary identity card holders – mostly owned cattle slaughter houses and beef processing

142 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 143 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: Rohingya in Burma. United to End and failure to address urgent political issues, such Genocide. as the structure of federalism, natural resource revenue sharing and military impunity. Minority junta in 1989. The government presented the women say they have been systematically decision to change the country’s official name excluded from the peace process, allotted only 3 from ‘Burma’ to ‘Myanmar’ the same year as an out of 96 spots on three ceasefire implementation effort to dismantle the last vestiges of colonialism committees. – since the former was used by the British. Suu Kyi has pledged to prioritize minority However, it also led to the deliberate erasure of rights and the peace process in her new ethnic minority heritage and languages as many government, but many difficult questions remain. names were ‘Burmanized’ and subsequently lost For example, the NLD has signalled that it will their original meaning. This policy of sidelining appoint the chief ministers of ethnic minority minority cultural expressions persists to this day, states, despite widespread calls for them to be as reflected in February 2016 when authorities democratically elected by the local populations. refused to allow Karen and Chin cultural groups In many areas the NLD’s electoral success came to celebrate their national days in Yangon. And at the expense of smaller ethnically-based parties, on the rare occasions the government has sought which now risk being sidelined in Burma’s to showcase its diversity, its representation is process. The NLD has also said carefully choreographed: for example, at the 2014 that it will not be pushing for retribution against ASEAN Summit in Naypyidaw, when ethnic the former military junta, instead focusing Burmans donned indigenous outfits to welcome on ‘national reconciliation’. Instead Suu Kyi delegates at the start of the event. has insisted her party will respect the political The imposition of Burman culture, language role of the military, which retains a quarter and religion was seen by the military as a tool of parliamentary seats under Burma’s 2008 facilities, claiming to ‘protect’ the Buddhist of promoting Buddhism as the de facto state to unite the country without having to address Constitution and handpicks the heads of key philosophy. Ma Ba Tha is also now pushing for religion and other faiths are prohibited from underlying concerns about human rights and government ministries, including that of border a ban on Muslim headwear in schools. Similar constructing new houses of worship. This ban self-determination. Shortly after General Ne Win affairs. problems have been reported in Yangon, where has been acutely felt by ethnic minority and first seized power in 1962, he banned minority Buddhist hard-liners have lobbied to stop indigenous communities that predominantly media from publishing in their local languages. Cambodia Muslims from using a local to pray. practise Christianity, such as the Chin, Kachin All publications had to first be translated into Proceedings under the UN-backed Extraordinary In Rakhine state, Rohingya Muslims live in and Karen. For example, in the impoverished Burmese before passing through the censorship Chamber in the Courts of Cambodia (ECCC) isolated ghettoes and unsanitary displacement Chin state, in January a community elder was board, creating significant obstacles to free continued throughout 2015, with the first camps which they can only leave if they have taken to court for erecting a 54-foot-high cross speech and cultural expression. Despite the testimony related to charges of genocide against an official permit. The community does not the previous year without permission from recent relaxation of censorship, the oppression Nuon Chea, the ’s ‘Brother Number have access to , health care and the authorities. A 2012 report by the Chin of minority media continues to be felt today, Two’ and former head of state . employment opportunities, let alone the right Human Rights Organization had also exposed with smaller press groups struggling to compete In September, the court heard from survivors of to practise their culture freely. The Burmese the systematic practice of forced conversions at with larger, better funded, Burman-dominated the regime’s policies, as prosecutors assembled government, which describes the minority as government-sponsored border areas’ development institutions. a case for genocide, that Cham Muslims and ‘Bengalis’, has led a systematic campaign to erase schools. Many of these policies are rooted in the In February, fresh conflict broke out along ethnic Vietnamese were particularly targeted the Rohingya name and ethnic identity from the junta’s long-running strategy of ‘Myanmaification’ Burma’s north-eastern frontier when ethnic for extermination. The closing order detailing country’s history. Rohingyas are prevented from (or Burmanization) of ethnic minority areas, Kokang rebels re-emerged from China to charges against the defendants noted that 36 per marrying, bearing children or accessing medical where separatist insurgencies have festered retake land snatched by the army in 2009. The cent of Cham died during the Khmer Rouge care without official permission, and security for many decades. Until 2014, minority and Burmese army continues to launch attacks on regime, between 1975 and1979, compared to forces have been implicated in mass violence indigenous communities were forbidden from ethnic Kachin, Shan and Ta’ang rebels who have 19 per cent of the majority Khmer population against them. A report by the learning their own languages at school, and even declined to participate in the current ceasefire during the same period. The Khmer Rouge Fortify Rights concluded that there was ‘strong now children are only able to take extracurricular process, and reports of attacks and sexual violence also set out to destroy their culture, burning evidence’ that genocide was taking place, calling classes in their mother tongues. against minority communities are common. Qur’ans, prohibiting Cham from speaking their on the UN to set up a commission of inquiry to One key legacy of this process is the In October, only eight armed groups signed a language and forcing them to eat , while also investigate abuses. Burmanization of ethnic minority names and national ceasefire agreement in Naypyidaw. The consciously setting out to erase their traditional The Burmese government has a long history cities, which were abruptly changed by the process has been criticized for its lack of inclusion way of life by dispersing communities across the

144 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 145 and Indigenous Peoples 2016 and Indigenous Peoples 2016 country. Many Cham were executed simply on owning land, many settle by rivers and lakes. In Sam Al noted how important it was to protect the Ahmadis and Shi’a, endure regular threats and the basis of their identity. In October, testimony June, local authorities announced the eviction cultures of indigenous peoples, but then went on intimidation. The Ahmadiyya sect was formally detailed equally grim recollections of targeted of over 40 ethnic Vietnamese families living on to explain that the agricultural industry was trying branded heretical by the Indonesian Ulema killings resulting in the deaths of an estimated the River in Kandal province, despite ‘to create jobs for our people, so hopefully they Council, the country’s top Islamic body, in 20,000 ethnic Vietnamese. previously recognizing their residency; the families don’t have to depend on the forests any more’ – 2005, and is prevented from proselytizing and Progress was also made in cases against Meas requested a postponement to allow them to sell instead, he said, they could ‘depend on something constructing new houses of worship. However, Muth, a Khmer Rouge navy commander, who their fish stocks. Similarly, in October the eviction else, like a skill’. His comments reflect a pervasive activists have argued that the proposed new finally appeared in court in December after of around 1,000 ethnic Vietnamese families living ignorance about the central value of local eco- law does not go far enough and includes he had been charged in absentia earlier in the on Tonle Sap lake began as part of a beautification systems, ancestral land and traditional livelihoods vague provisions that allow the government to year. His case had genocide charges added to project that would require them to be relocated, for indigenous peoples, particularly non-tangible discriminate against minorities in the name of it in March, though these did not detail which despite having resided there for decades. elements such as sacred beliefs – considerations ‘national security’. minority group had been targeted. Testimony According to the International Federation frequently sidelined by careless planning. Indeed, the year saw an escalation in attacks against him towards the end of year included for Human Rights, land dispossession increased The ongoing construction of the Lower Sesan and restrictions placed on some minority allegations of mass killings of ethnic Vietnamese. during 2014 and the first quarter of 2015. While 2 dam in Stung Treng province, to be completed faiths. Indonesia’s Christian community, which Charges against Ao An, also known as Ta An, the threat of land grabbing affects majority Khmer in 2017, illustrates this tendency. One of the constitutes some 10 per cent of the population, an acting secretary in the regime’s central zone, communities as well, Cambodia’s indigenous biggest dam projects in the country, it is being came under attack on several occasions in were also brought in March, with crimes against peoples are especially vulnerable to expropriation pushed through by its Cambodian, Chinese and 2015. In October, thousands of Christians humanity for ‘extermination, persecution of their ancestral lands for large-scale Economic Vietnamese backers regardless of wide opposition were displaced in the province of Aceh when on political and religious grounds and other Land Concessions (ELCs) for agriculture, mining, and a questionable environmental impact violence broke out following the torching of a inhumane acts’, implicated in his role of killing dams and forestry. Despite a moratorium on assessment (EIA). An estimated 5,000 indigenous local church. The following week, authorities Cham Muslims. In December, the court also ELCs in 2012, according to a 2015 report from Phnong and Brov, as well as minority ethnic Lao, in the conservative province bowed to pressure proceeded with charges against Yim Tith, also Cambodian non-governmental organization are slated to be evicted to allow the flooding of from hard-liners calling for the destruction of known as Ta Tith, an acting secretary of the (NGO) Adhoc, they continued to be issued. In thousands of hectares of forest. Despite continued several other churches that allegedly lacked the regime’s north-west zone, for genocide for his July, however, the government announced that it protests by affected communities, the relocation necessary building permits. Similar arson attacks actions against , a minority from would reduce ELCs to a maximum of 50 years, of villages reportedly began in August. The dam were recorded throughout the year in Papua southern Vietnam, among other allegations. a significant move considering that some span will negatively impact fish stocks for another and Central . Other minorities also saw Troublingly, the prejudice that drove the between 70 and 99 years, although this alone 78,000 people, many of whom are indigenous their religious freedoms threatened during the Khmer Rouge to classify ethnic Vietnamese as is unlikely to resolve the continued problem of or ethnic minorities who depend on the river year, including Shi’a Muslims, who make up ‘historic enemies’ or ‘third pillars’ aligned with indigenous dispossession. for their main source of protein. Especially less than 1 per cent of Indonesia’s population. the state of Vietnam persists to this day. Ethnic Cambodia legally recognizes collective land worrying is the destruction of cultural heritage, For example, in November the Mayor of Bogor Vietnamese are arguably the most marginalized ownership, but titles have been issued at a including sacred forest areas and grave sites, as City banned the city’s Shi’a from celebrating the and impoverished community in Cambodia, slow pace and communities continue to take well as the likely erosion of traditional knowledge. annual festival of Ashura. with many lacking identification and as a result companies to court. In July, members of the Villagers are asking for the company to include In Indonesia’s current climate of intolerance, excluded from essential services such as education. Bunong indigenous community in Mondulkiri a grave resettlement fee along with the potential the space for religious and ethnic minorities Ongoing friction between Cambodia and province launched a civil lawsuit in French relocation compensation, but the compensation to practise their culture and faith openly is Vietnam, such as a renewed border demarcation court against rubber giant Socfin, calling for offer is already inadequate and will not make up narrowing. In some parts of the country, dispute in 2015, have led to rising discrimination compensation and the return of ancestral for the loss of cultural knowledge related to their minority women are obliged to don Islamic and hate speech against ethnic Vietnamese. territories sold to Socfin for rubber plantations forests. dress, including headscarves and modest A national census of foreigners living in the in 2009. In September, 44 families from the clothing, irrespective of their faith. Since 2014, country that began in 2014 has targeted ethnic Phnong indigenous community filed a lawsuit Indonesia the autonomous region of Aceh has enforced Vietnamese for identification checks. As of 2015, in Mondulkiri provincial court against a local Following his election in October 2014, the year law for all its residents, periodically ethnic Vietnamese are reportedly being asked to military chief and a business man who were said 2015 was a crucial test of President Joko ‘Jokowi’ detaining non-Muslims for wearing ‘improper pay a bi-annual US$60 residency card fee, far to have seized over 80 hectares of their land, Widodo’s commitment to democratic reform and attire’. Similar requirements already exist in too expensive for many community members, even though families in the community had been minority rights. Unlike his predecessor, Jokowi Padang, the capital of West Sumatra, where despite the fact that many already have residency issued land ownership certificates. has publicly acknowledged the need for Indonesia female students risk fines or suspension if they documents. The importance of the forests and their to curb extremism and his government proposed do not wear the hijab. This can have a serious Ethnic Vietnamese are further targeted for associated traditions for indigenous communities a new law to protect religious minorities shortly impact on minority women’s right to education evictions from their homes. As they do not is often misunderstood by government officials, after assuming power. At present, Indonesian and cultural freedoms. have citizenship rights under Cambodian law who see forests from a primarily economic law only recognizes six major faiths, while has often served to without identification papers and are barred from perspective. In March, Say practitioners of smaller Islamic sects, such as compound existing ethnic tensions in Indonesia’s

146 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 147 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: An indigenous Papuan woman makes sago of timber, minerals and oil. In 2015, Indonesia (an edible starch) in Papua, Indonesia. Manuel continued to expand industrial activities, Boissière (CIRAD) and Center for International including smelter operations and large-scale palm Forestry Research (CIFOR). oil plantations, into territory considered ancestral by the indigenous population. Corruption in killings and harassment of peaceful human rights Papua’s natural resource sector was thrown into activists have continued, despite Jokowi’s public the spotlight this year when it emerged that a commitment to improving the lives of indigenous senior parliamentarian had demanded a Papuans. US$4 billion dollar stake in the US mining giant In May, the government formally lifted a ban Freeport McMoRan open-air copper and gold on foreign reporters travelling to the region, mine in Timika in exchange for extending its although the visa process remains lengthy and licence to operate beyond 2021. complex. This was followed by the release of Natural resources are fundamental to the some political prisoners, including the prominent cultural heritage of Indonesia’s many indigenous West Papuan activist Filep Karma, who spent peoples. But since indigenous communities often more than 10 years in prison for raising a flag in pass on their knowledge verbally and may not a 2004 protest against the Indonesian occupation. possess written evidence of their land ownership, Karma was only freed on ‘good behaviour’ and they frequently come into conflict with the his original sentence still stands. According central government, fuelling violence and paving to Papuans Behind Bars, at least 38 political the way for further deforestation. The forced prisoners remained incarcerated in West Papua as evictions of indigenous communities from their of early 2016. The repression of free speech and customary lands across Indonesia have served freedom of assembly in West Papua has become to impinge on their cultural as well as territorial synonymous with denying the indigenous rights. This has caused serious problems for population a right to express their ethnic and indigenous Dayak communities in Kalimantan, cultural identity. Activists can be charged with where activists blame top-down development for treason for staging peaceful prayer meetings the destruction of traditional rice-based farming and the use of the West Papuan flag is strictly practices. prohibited. Many communities have developed customary The Indonesian government has been accused land use practices that encourage ecological of strategically diluting West Papuan culture sustainability and diversity. This is often rooted and religion in order to weaken local resistance in a spiritual affinity to the land and a cultural to its rule. In 2013, an Australian investigation understanding of its importance to their own revealed that hundreds of Papuan children were survival. For example, the Panglima Laot in being forcibly converted to Islam by a religious Aceh – a traditional fishery management system outfit posing as a ‘’ initiative for – is still used today and communities are now the impoverished region – a practice reportedly working with authorities to help combat illegal carried out with the tacit acceptance of local fishing. Jokowi drew praise for highlighting the authorities. Indonesia has already drawn criticism role of indigenous peoples in the fight against for a decades-long transmigration policy that has climate change during his speech at the 2015 seen millions of ethnic Javanese and Sumatran Paris Climate Conference in December. Muslims shipped off to less populous parts of Jokowi has publicly pledged to honour the the country, such as West Papua, where the rights of Indonesia’s indigenous populations, diverse provinces, such as Christian-majority dozens of civilians – mostly young Papuan men indigenous Melanese population has now been who won a significant victory in 2013 when West Papua. A low-intensity conflict and social – were killed by security forces under dubious reduced to a minority. In June, Jokowi finally the Constitutional Court ruled that the state movement calling for greater autonomy has circumstances. In September, two high school pledged to end the controversial practice, must return millions of acres of land to their simmered for decades, fuelled by anger over state- children whose parents allegedly had ties to the although his words have been greeted with customary owners. Speaking after a meeting backed discrimination and violence towards the West Papuan independence movement – claims scepticism among some local campaigners. with the Indigenous Peoples’ Alliance of the indigenous population. The year 2015 brought the parents of the victims denied – were shot Indigenous land rights lie at the heart of the Archipelago in June, the president promised to little respite to the conflict-torn region, where and one killed by police in Timika. Extra-judicial unrest in West Papua, a resource-rich region full fast-track a long-delayed law on the rights of

148 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 149 and Indigenous Peoples 2016 and Indigenous Peoples 2016 burning of school houses.’ The Save Our Schools Network has with the central Thai ethnic identity and the royal Case study by Hanna Hindstrom The Lianga shool, Alternative Learning accused the army and pro-government lineage – a narrow interpretation that effectively Center for Agricultural and Livelihood militias of staging premeditated attacks on excludes many minority communities, such as Development (ALCADEV), was founded in alternative education institutes in order to Thai-Lao Isan in the north-east and the Malay/ Militarization and 2004 as a unique facility to support secondary marginalize indigenous land and cultural Melayu-Muslim of the south, as well as dozens of education for indigenous youths relevant to rights. Samarca, who was slain at Lianga, was indigenous peoples. the assault on their culture and needs. It offers a combination also a vocal campaigner against large-scale The regime’s control over Thailand’s civil of academic, technical and vocational skills, development projects that fuel violence and and political life showed little sign of relaxing cultural rights in the focusing on providing sustainable livelihoods displacement in the southern Philippines. during 2015. A draft Constitution completed for Lumad communities. Formed by two Mae Fe Templa, Convenor of Save Our by the government’s own constitutional drafting southern Philippines indigenous organizations, the school aims Schools Network, stated, ‘Alternative Lumad committee was rejected in September by the to boost educational opportunities for schools are pushing for their own culturally military-appointed National Reform Council – a marginalized and help protect their relevant pedagogy that liberates indigenous development that was widely interpreted as a At 4.00 am on 1 September 2015, a troop of cultural and land rights in the face of growing peoples from the yoke of institutionalized stratagem to further extend military rule. While armed men stormed an for threats. It is one of a network of culturally discrimination and corporate plunder of all Thai citizens have been stripped of many indigenous Lumads in the southern Philippines. sensitive schools offering alternative pedagogy ancestral lands.’ The government has denied fundamental democratic rights, the regime’s Teachers and students were dragged from their for Lumad children recognized by the Filipino any involvement in Samarca’s murder, policies have varying implications for the dormitories and rounded up, together with education ministry. claiming the attackers merely dressed up in country’s minorities and indigenous people. hundreds of other civilians, in the small village Indigenous peoples in , which has army fatigues that matched the insignia of Against this authoritarian backdrop, there have of Diatagon in Lianga, Surigao del Sur. Two been racked by ethnic conflict and a communist the nearest battalion. also been increasingly vocal calls from certain indigenous leaders – known for their work insurgency for decades, have some of the lowest In October, the University of Philippines groups to make Buddhism the state religion in protecting the community’s ancestral lands educational levels in the Philippines. Part of hosted a major cultural event in Manila, the next Constitution. While the connection against encroachments from mining companies the problem is the entrenched discrimination the Manilakbayan 2015, to commemorate between Buddhism and the Thai state has – were hauled in front of the crowd and executed towards indigenous youths within the Lumads and raise awareness of the escalating always been strong, with previous Constitutions at point-blank range. The head of the alternative centrally managed school system, which often assault on indigenous rights in the country’s stipulating the state’s duty to support Buddhism, school, Emerito Samarca, was later found in one treats them as outsiders and second-class restive south. It included a mix of political until now it has never been formally designated of his classrooms, with his throat cut and two citizens. The time and cost of travelling long and educational activities, as well as a the country’s official religion. However, while gunshot wounds in his abdomen. distances to reach public schools also place celebration of Lumad culture, arts, food and the new constitutional draft released in January According to local activists, there were 95 insurmountable burdens on many Lumad sports. This year’s event was strategically 2016 fell short of designating Buddhism as attacks on Lumad schools in the southern families. Furthermore, Lumads – a cluster of focused on the destruction and militarization the country’s official religion, the emphasis in Philippines between September 2014 and 2015, 18 indigenous communities in Mindanao – are of indigenous schools in Mindanao. the 2007 Constitution on the state promoting an average of eight cases per month. In February often caught in the crossfire of a protracted Indigenous activists in the southern understanding between Buddhism and other 2016, a compound hosting displaced children in civil conflict in the southern Philippines, and Philippines insist that the right to a free and religions has shifted to the duty of the state to was torched by unknown assailants, regularly accused of harbouring communist culturally tailored education is fundamental protect Buddhism from any threats – a significant destroying two dormitories and a shelter for sympathies. Alternative education has become to defending indigenous heritage and rights, change in language that could provide extremist evacuees. ‘Lumad schools continue to draw the the target of particular scrutiny and distrust, which are often intimately tied to the Buddhist groups with greater leverage if approved. ire of the regime’, noted the Alliance for the with the military accusing indigenous schools protection of ancestral lands and resources. Peace talks in the country’s marginalized south, Advancement of Peoples Rights (Karapatan). ‘The of promoting communist propaganda. State The government’s failure to investigate where the majority of the population belong attacks range from red tagging, actual military officials have drawn outrage for recommending crimes against Lumad schools has left the to the ethnic Malay Muslim minority, were encampment, threat and harassment of the the introduction of new schools run by the communities more vulnerable to further reignited this year after stalling with the Yingluck teachers, students and parents, closing down and military. attacks and encroachments. ■ government in 2013 – a welcome development in the possible resolution of a decades-long conflict between the Thai state and ethnic Malay separatists in the region. Representatives of the indigenous peoples and to create a task force indigenous peoples’ rights has since been delayed. under the rule of General Prayut Chan-o-cha, military regime and Malay Muslim parties, dedicated to resolving indigenous disputes. It the head of the country’s armed forces. Amid now represented by the newly formed umbrella follows a probe by Indonesia’s human rights Thailand crackdowns on independent media and the organization MARA , met in Kuala commission (Komnas HAM) investigating abuses Since the military seized power from the widespread repression of NGOs, the regime has Lumpur multiple times throughout the year. of indigenous peoples’ customary land rights democratically elected government of Yingluck attempted to validate its authority by appealing to While the establishment of the MARA Patani across the country. However, the task force on Shinawatra in May 2014, Thailand has been a nationalist sense of ‘Thainess’ heavily associated umbrella group is significant, as it represents

150 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 151 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Left: Kee Or, 104-year-old spiritual leader and and their implementation, particularly around grandfather of Karen indigenous communities. For example, reports Porlajee ‘Billy’ Rakchongcharoen. Emma emerged in June that the Department of National Eastwood/MRG. Parks (DNP) was pushing for a new national park law to allow tourism businesses to establish areas such as language and religious education. themselves in national parks, despite them being These and other policies have helped contribute prohibited by current legislation – a development to the emergence of the region’s violent separatist that could further undermine indigenous access. insurgency. Attacks continued throughout the Yet in the same month, the National Reform year, though significantly reduced from previous Council approved a draft law on community years: from October 2014 to March 2015, land deeds that would permit forest dwellers who according to the Internal Security Operations occupied areas before the creation of protected Command, the number of incidents reduced forests to remain in exchange for undertaking by more than 62 per cent and casualties by 46 conservation responsibilities. Inconsistencies such per cent compared to the same period a year as these leave communities in a legal vacuum. before. These included three consecutive days Minorities and indigenous peoples living of bombings in Yala in May and the killing of in conservation areas have frequently found a monk in Patani province in July in an IED themselves in conflict with the state’s park (improvised explosive device) attack by suspected rangers, who have been implicated in a range of separatists targeting his convoy. human rights abuses, including the murder of The military was implicated in further abuses local activists. Judicial investigations into these during the year, including physical ill-treatment incidents are frequently inadequate. For instance, of suspected southern insurgents, with the local following the disappearance of Karen human NGO Muslim Attorney Centre reporting 33 rights defender Porlajee ‘Billy’ Rakchongcharoen cases of torture allegations in 2015. Activists were in May 2014, after he was arrested by park also harassed, including 17 ethnic Malay Muslim officials on the pretext of illegally carrying wild students arrested arbitrarily in Narathiwat in honey – a traditional source of food within the April. Human rights violations by state security community prohibited under Thai conservation have been enabled by widespread impunity for law – police laid charges against the then-head perpetrators, with authorities regularly failing of Kaeng Krachan national park, Chaiwat to prosecute soldiers implicated in incidents of Limlikitaksorn, in January. However, preliminary harassment, torture or extra-judicial killings. investigations were still ongoing at the end Meanwhile, in the north and north-east of of the year, with no convictions yet filed. In Thailand, the military regime’s plan to reduce another case brought against Chaiwat by Billy’s supposed forest encroachment, also known as the wife, the Supreme Court in September upheld ‘return forest policy’ of 2014, continued to have two previous lower court rulings dismissing the disastrous effects for minorities and indigenous case against Chaiwat for the illegal detention of peoples in the region. Minority Lao Isan farmers, Billy. In October, an appeals court again cleared such as the nine villagers convicted in Sakorn Chaiwat of a murder of another Karen human Nakorn in October for illegal trespass, have been rights defender – Tatkamol Ob-om – that took driven off land they have accessed for decades; place in 2011. Also in October, the 104-year-old three of them were sentenced to between two grandfather of Billy filed a case against Chaiwat and a half and three years’ imprisonment. Prison for his role in burning their Karen village to the sentences of between one and five years were also ground in 2011, giving the community hope that the first time diverse groups have come together political marginalization and underdevelopment, issued to 20 indigenous Pakayaw Karen for illegal justice might be served in at least one of these under one banner for negotiation, the talks have the government has also exacerbated the conflict logging in Mae Hong Song, despite the fact they cases. not yet passed the ‘confidence building’ stage, through decades of repressive policies that have were using wood to construct their traditional Individual officials in the Thai authorities according to a statement issued by the group. aggressively promoted a narrow ‘Thai’ identity homes. continued to be implicated as key players National policies have played an important at the expense of local communities, with Malay The sentencing and selective prosecution trafficking minority Muslim Rohingya role in deepening tensions in the south. Besides Muslim residents experiencing discrimination in show an inconsistency in laws regarding land use from Burma and Bangladesh en route to

152 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 153 and Indigenous Peoples 2016 and Indigenous Peoples 2016 destinations such as Indonesia and . example, Section 79, ‘carrying out activities aimed minority and indigenous communities, including In May, mass graves were found in at overthrowing the people’s administration’, government control and interference in practices province, containing what appeared to be the revised as Section 109, now includes provisions to maintain the interest of tourists. In her report bodies of more than 30 Rohingya who had that apply to those who may be preparing to to the UN HRC that was released in January of died while being held in trafficking camps. commit such a crime. Section 79 was used to this year, the former Special Rapporteur in the In the aftermath dozens were charged with imprison a pastor of the unregistered Mennonite field of cultural rights, Farida Shaheed, focused Michael Caster involvement in trafficking, including a senior group informally known as the Cow-Shed extensively on the tourism industry’s impact on military general, officers and local politicians. Church, Duong Kim Khai, whose work included minorities. She notes how communities are asked While the experiences of minority and Major General Paween Pongsirin was assigned filing complaints against land seizures. He was ‘to perform, rather than live their own cultures, indigenous communities in East Asia vary widely, to investigate the case, but after uncovering released in August this year, after serving four either by artificially retaining specific aspects of many share a history of forced assimilation a network that implicated even more senior years of a five-year sentence. Changes to the Penal cultural practices or modifying those practices to and the erosion of their traditional cultures. In officials, he feared for his life and fled to Code are set to come into force by 1 July 2016, satisfy tourist demand, such as altering food or and , for instance, the legacy of Australia, seeking asylum in December. He has and will almost certainly continue to be used accommodation patterns, or foreshortening their state discrimination and land grabbing has left expressed concerns about the likelihood of the excessively against minorities. customs’. indigenous peoples struggling to sustain their rulings being compromised by pressure from In the meantime, Vietnam’s minority and Vietnam’s country report to the UN cultures. Besides access to ancestral territories, a powerful military officials and politicians. indigenous communities continue to suffer Committee on Economic, Social and Cultural crucial element in the survival of their traditions persecution by state authorities. Hundreds of Rights demonstrates its lack of respect for the is their ability to maintain their languages, many Vietnam indigenous people from the Central Highlands, cultural rights of minorities and indigenous of which are increasingly under threat. In this The government’s draft Law on Belief and collectively known as Montagnards, fled Vietnam peoples. Rather than allowing communities to regard, official measures, such as the approval Religion was speedily pushed through for during the year to seek asylum in Cambodia. maintain and develop their practices the way they in November 2015 of a draft law to promote approval in 2015, much to the worry of Vietnam’s Systematic religious and political persecution see fit, the government details how its policies indigenous languages in Taiwan, are much ethnic and religious minorities. Religion is tightly of this mostly Christian community is well aim to ‘preserve selectively’ and ‘phase out the needed steps by the state to reverse decades of controlled in Vietnam, mostly through the documented by human rights groups, but obsolete’, including ‘superstition, tradition of decline. Nevertheless, despite successful activism Ordinance on Belief and Religion (2004) and denied by both the Vietnam and Cambodian votive papers and social ’. For example, ethnic from communities across the region, governments its implementing Decree 92 (2013). But now governments. HRW released a report in 2015, Hmong were recently sentenced to two years for continue to undermine the vitality of minority the first national legislation regulating religion drawing on interviews with asylum practising reformed funeral practices that, though and indigenous cultures through insensitive or will go beyond these provisions, tightening the seekers in Cambodia and Thailand to document less costly, were condemned by authorities as an inappropriate development. This is particularly state’s control over all forms of religious belief official surveillance, harassment and abuse of ‘ practice’. the case in China, where large-scale urbanization and practice. On 17 April, a draft of the law was community members for practising religious The physical heritage of Vietnam’s minorities programmes combine in regions such as sent to religious organizations for comments. ‘evil ways’ and having politically ‘autonomous and indigenous people is also under threat, Tibet and with a highly securitized Various religious organizations expressed concern thoughts’. Dozens were forcibly returned religious buildings in particular. In southern Ho attitude towards local residents. Indeed, in the about the draft, including the Interfaith Council to Vietnam, with reports that some have Chi Minh City, parishioners of the Thu Thiem ongoing conflict between the state and minority of Vietnam, which noted that it entrenches subsequently gone missing from their villages. were led by nuns from the communities, cultural and religious practices bureaucratic obstacles to practising a faith and When it is not actively persecuting its minority Lovers of the Holy Cross convent to stage a rare are often actively repressed by the state – an limits freedom of religion for the purposes communities, the Vietnam government still protest in October against government plans to approach that serves only to fuel further tensions. of state control. The first articles of the draft tends to view its minority and indigenous destroy their heritage school building. The nuns espouse freedom of religion, but the remaining populations from a paternalistic standpoint as expressed how the building and its use is part of China articles effectively limit the practice of religion ‘primitive’ and in need of more civilized practices. their cultural identity as a religious community. With 55 officially recognized ethnic minorities, according to the whims of the government, As a result, while the state has provided some Similarly, the Buddhist Lien Tri Pagoda, located China has in the past pursued policies of allowing it to ‘intervene in the internal affairs and services such as bilingual education and access in an area in the city targeted for redevelopment, ‘coexistence’ that have included subsidies, special administration’ of ‘religious organizations’. The to health care, these programmes are not always is currently facing the threat of destruction – a cultural protections and support for minority draft is set to be passed in 2016. implemented in a culturally appropriate manner. step presented by its chief monk as a measure language education in schools. Yet in practice, as Changes were also made to the Penal Code For example, ethnic minority women report intended to target them due to their status as an demonstrated in the appropriation of minority in 2015. While reductions in the use of the serious discrimination in government hospitals unregistered religious organization. By striking cultures in so-called ethnic theme parks across the death penalty were welcomed by human rights and health centres, with few medical practitioners at the heart of a community’s identity, the country, their customs and traditional practices advocates, the changes generally increased speaking their language or being sensitive to destruction of cultural heritage sends a message are often commercialized or essentialized while restrictions on human rights – provisions the cultural practices, such as those who request about the power of the authorities, a clear underlying issues of discrimination remain government has used to imprison numerous having their husbands in the birthing room. warning to the community against the assertion unaddressed. For example, during the annual peaceful minority rights advocates or religious Further, Vietnam’s growing tourism industry of other rights. meetings of the National People’s Congress, leaders in the name of national security. For has posed problems for the cultural rights of its

154 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 155 and Indigenous Peoples 2016 and Indigenous Peoples 2016 China’s legislature, state media is typically awash Right: A young Uyghur woman in , with images of smiling ethnic minority delegates Xinjiang. Sand and Tsunamis. in traditional costume – yet little if anything is said about their level of effective political issuing passports and ordered that all Uyghur participation. passports be handed over to the police, or be Furthermore, since the mid 1990s, state cancelled. Information on developments within policy has placed greater emphasis on cultural the region remains difficult to access due to integration rather than coexistence, with some obstacles for independent journalists wishing to prominent academics arguing for a ‘unitary’ report on the region. In addition, the state has national identity where existing ethnic categories launched an aggressive assault on rights lawyers are subsumed within the dominant influence of across China, including several Han lawyers who the ethnic Han majority. These ideas are now have attempted to highlight abusive treatment of shaping national policy, reflected in President Xi Uyghurs. In December 2015, lawyer Pu Zhiqiang Jinping’s emphasis on the importance of national was found guilty and sentenced to a three-year unity and the concept of the ‘China Dream’, suspended sentence for ‘inciting ’ which is noticeably silent on the subject of ethnic and ‘picking quarrels and provoking trouble’ in autonomy and cultural rights. This raises real relation to social media posts, including two from concerns over the future of autonomous ethnic 2014 that were critical of government policy minority culture in China. towards Uyghurs. Another lawyer, Yu, These issues are especially evident in regions was detained in July 2015 and, after six months such as , Tibet and Xinjiang, of incommunicado detention, formally arrested where the state is engaged in a security on subversion charges in January 2016. She had crackdown against the local populations. represented Uyghur scholar , who was While, as noted by the UN Committee Against sentenced to life in prison in 2014 on separatism to stay open, provoking widespread outrage. purportedly offering Uyghur pupils the Torture in October 2015, abuses include charges. In September, reports emerged that Uyghurs opportunity to study in their mother language numerous reports of ‘torture, death in custody, Uyghur citizens of other countries who visited in Hoten were being prohibited from giving and . However, the system has arbitrary detention and disappearance’ of China to visit family have reported intimidation, their children Islamic names, which have strong been criticized for in practice undermining community members, many of the state’s most harassment and threats, including cases of cultural significance. A list of 22 forbidden names Uyghur linguistic and cultural identity, with repressive policies take the form of cultural Chinese authorities attempting to intimidate and was disseminated, with residents reportedly the majority of the curriculum focusing on and religious restrictions. The securitization threaten them to get them to spy on Uyghurs threatened that children with those names could ‘patriotic education’ that leaves a marginal role of minority traditions and practices, besides abroad. The Chinese government has also been be barred from attending and for Uyghur culture and history. Although the fostering a climate of surveillance and the able to exert pressure on other countries where elementary schools. Law on Regional Autonomy stresses autonomy stifling of free expression, negatively affects Uyghurs have taken sanctuary, as suggested by A government white paper published by in education and culture, including literature, targeted communities in every area of their the forced repatriation of 109 Uyghur refugees the official state press agency, Xinhua News arts, news, film, television and the preservation lives. Frequently the repression or destruction from Thailand in July 2015. Agency, in September praised urbanization of historical cultural heritage, in 2015 Uyghurs of minority culture is a corollary of state-led As in previous years, in the period leading policies for improving living standards and continue to see their linguistic and cultural development, such as top-down urbanization up to and during Ramadan, religious rights in promoting inter-ethnic harmony in Xinjiang. autonomy eroded. In an article published after programmes that have devastated pastoralist Xinjiang – Islam is a central part of Uyghur Yet state-led redevelopment has been responsible his 2014 imprisonment, Ilham Tohti explained livelihoods, architectural heritage and long- identity – were aggressively repressed. In April, for the destruction of Kashgar’s old city, that: ‘In recent years, Uyghur fears of cultural established neighbourhoods. a respected Uyghur imam was jailed along devastating its traditional architectural heritage and linguistic annihilation have been greatly with 16 other defendants on security charges and undermining local Uyghur identity. exacerbated by a sharp contraction in Xinjiang’s Xinjiang and sentenced to nine years in prison for Anthropologist Jay Dautcher argues that Uyghur local-language publishing and cultural industries.’ In Xinjiang, repressive state policies continued preaching without a permit. Women in veils residential neighbourhoods, or mehelle, have throughout 2015 amid escalating violence in the were denied entry to public hospitals, raids on been critical components in the production of Tibet region, with security crackdowns and intrusive mosques intensified and, in some areas, Uyghur Uyghur culture for hundreds of years. Traditional The Tibetan Autonomous Region (TAR) Party restrictions on free expression, assembly and storeowners reported that authorities forced them architecture and how residents socialize within Secretary Chen Quanguo’s 2014 exhortations movement. In Hotan, for example, ordinances to sell alcohol and cigarettes, contrary to Islamic the physical space is especially formative in the advocating inter-ethnic marriages continued, required Uyghurs to obtain official permission in practice, under penalty of fine. Authorities also construction of gender identity. despite concerns voiced by Tibetan writer order to visit relatives or seek medical treatment banned Uyghur officials and students from Since 2011, Chinese authorities have been that this amounts to ‘an attempt outside their village. Authorities in Ili stopped fasting during Ramadan and forced restaurants promoting a system of ‘bilingual education’, to dissolve the Tibetan identity in the Han

156 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 157 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Chinese culture’. In December, the former concerns that the Chinese government would surveillance measures in Tibetan villages and TAR governor, an ethnic Tibetan, Qiangba attempt to control his succession, in March the monasteries, signalling that the state’s intrusion Case study by Michael Caster Puncog, countered that the government was not stated that he might not reincarnate into Tibetan cultural and religious freedoms doing enough to tackle ethnic discrimination. after his death. This would mean an end to the could be extended indefinitely. Throughout the Tibetan plateau, numerous practice since the fifteenth century of recognizing Challenging monks, nuns and laypeople were detained and the Dalai Lama as the of Chenrezig, Inner Mongolia sentenced, some on unspecified charges. At the Boddhisattva of Compassion. Emblematic Mongolians in 2015 experienced renewed exclusion through least seven self-immolations took place during of the lack of sensitivity and religious autonomy conflicts with Chinese authorities over the loss 2015, bringing the total at the end of the year to afforded Tibetan Buddhism, was the response of traditional grazing lands, an important part cultural traditions: 143 since 2009. As in the previous year, family of Zhu Weiqun, chairman of the Committee of their semi-nomadic culture and economic members of monks who self-immolated have for Ethnic and Religious Affairs, a high-level livelihood. The year began with a delegation of the struggle of themselves been punished. While restrictions on committee within the central government, who Mongolians filing complaints in over the freedom of movement imposed since riots in stated that: ‘The reincarnation of the Dalai Lama the ongoing loss of traditional lands, much of Ainu feminists Lhasa in 2008, which had impeded the ability of has to be endorsed by the central government, which had been taken by the army. Efforts to Tibetans to participate in cultural activities, were not by any other sides including the Dalai Lama exploit Inner Mongolia’s abundance of coal and to end multiple gradually lifted, many monks and nuns still faced himself.’ other natural resources have often been seen as impediments to movement or obtaining passports. State-led urbanization, part of a long-term an assault on the traditional cultural practices discrimination In July, Tenzin Delek Rinpoche, a respected government policy to bring hundreds of of pastoral communities. Enghebatu Togochog, Tibetan monk, died while serving a life sentence thousands of pastoralists in the region into towns director of the Southern Mongolian Human in Japan his supporters claim was in reprisal for his and cities, continued during the year. By forcing Rights Information Center, spoke out saying, support of the Dalai Lama and promotion of nomadic Tibetans off their ancestral lands, the ‘Mongolian herders are trying their best to defend Tibetan cultural institutions. The 65-year-old programme is effectively erasing their ancient their land, culture and way of life, but very little For centuries Japan’s marginalized Ainu monk had been denied medical parole, despite indigenous culture. Mining and dam projects resources are available to them, and government population, historically based in the north being in poor health preceding his death, and across the Tibetan plateau have also fuelled policies are very hostile to the Mongolian way of the country and in particular the island of when his family tried to visit the body they were protests. In Chamdo, road construction leading of life.’ This perception has continued to spark Hokkaido, have suffered forced assimilation repeatedly turned away. China’s Rules on the to a mining project threatening Mini Mountain, protests and police crackdowns. In November, and the repression of their unique way of life. Handling of Deaths in Prison requires the delivery a local sacred mountain, reignited protests that Odongerel, a Mongolian rights defender and Only recently have there been signs of a more of the bodies of ethnic minorities ‘with respect had momentarily halted the mining project in leader of the protest movement, was detained for positive attitude from authorities, including the to ethnic traditions’. But although Tibetan 2014. Top-down redevelopment of Tibetan towns ten days for comments she made on WeChat, formal recognition in 2008 of the community Buddhism has specific funeral prayers and burial and cities is also another source of conflict. In a popular mobile app. Meanwhile, well-known as indigenous. This has been followed by rituals, the authorities refused to release Tenzin’s December 2015, for instance, the Lhasa City Mongolian rights defender Hada, despite having various public initiatives to showcase Ainu body to his family and, when protest over this government announced a policy of demolishing been released in 2014 after serving 15 years on traditions and practices. In July 2015, the denial of cultural rights erupted, the police traditional Tibetan houses and replacing them separatism charges and a further four years of Cultural Affairs Agency of Japan announced opened fire with live ammunition. In other with Chinese-style buildings. Some Tibetan extra-judicial detention after his sentence ended, plans for the construction of an Ainu museum cases of Tibetans who died in police custody, families are even being required to contribute continued to be subjected to coercive measures in Shiraoi, Hokkaido, scheduled for completion authorities have also refused to release the body upwards of RMB 200,000 of their own funds to and de facto detention throughout 2015. On by the 2020 Tokyo Olympic Games. The to family members for traditional rites, such as the construction, whether or not they object to , 10 December, Hada’s family agency announced the museum as a core with Lobsang Yeshi, a village leader and rights the demolition of their existing homes. went on hunger strike to protest his ongoing project in its plan to promote Ainu culture activist. Security measures that seek to limit abuse and harassment. and history, in line with the Council for Ainu The year 2015 marked the 20th anniversary participation in religious activities are especially Policy Promotion’s advocacy for the creation of of the disappearance of the , intrusive. For example, government policy Taiwan such a symbolic space. Shiraoi village already Gedhun Choekyi Nyima, who would have imposes quotas on the number of monks allowed In Taiwan there are 16 officially recognized hosts an Ainu cultural village, supervised by the been 26 years old. On 17 May, the Tibetan in given monasteries, leading to the expulsion aboriginal tribes. The Taiwanese Constitution, Hokkaido Government Board of Education, government in exile released a statement recalling of more than 100 monks and nuns from their Additional Article 10, requires the state to with traditional Ainu artifects and daily cultural the 1995 recognition of the then 6-year-old monasteries in Driru County in April and further safeguard their status and political participation, performances that attract 180,000 visitors a year and his subsequent disappearance by Chinese expulsions in Tridu County in June. In advance as well as provide assistance for, among – a figure the government hopes to increase to authorities three days later. Later the same year, of the Dalai Lama’s 6 July birthday, authorities other things, indigenous culture, education, 1 million by 2020. Meanwhile, the only World Chinese officials appointed Gyaincain Norbu as in the region also forbade public gatherings. health, economic activity and land. Taiwan’s Heritage site in Hokkaido is the Shiretoko the Panchen Lama, a move disregarded by many In January 2016, authorities announced the aboriginal peoples also have guaranteed political Peninsula, which is designated as a natural Tibetans and the Dalai Lama. Responding to indefinite extension of police presence and representation, with a mandated 6 seats

158 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 159 and Indigenous Peoples 2016 and Indigenous Peoples 2016 heritage site, and not a cultural heritage site to broadly over gender empowerment issues. within the 113-member Taiwanese legislature. language during government or legal proceedings. the consternation of Ainu rights defenders. Many Ainu women are involved in cultural Nevertheless, these communities continue to Following on from this, in January 2016 the However, these initiatives alone may not revival activities, recovering traditional practices suffer the effects of decades of assimilationist government launched an ambitious five-year necessarily improve Ainu livelihoods or address and performances in an effort to address both policies and land seizures, disrupting and programme to incorporate broader prejudice if they are not accompanied ethnic and gender discrimination. In Ainu culture, undermining their ability to maintain traditional indigenous culture and language into curricula, by fundamental changes to the way to the gendered spheres of labour have not necessarily been practices such as hunting. Despite protracted provide indigenous students with additional community is represented. Historically, the considered ‘gender discrimination’ because they were attempts to develop a framework of political support and establish tailored educational tourist industry in Hokkaido has been dominated treated as part of a unique spiritual engagement autonomy for Taiwan’s aboriginal communities, institutions. by outsiders and has been criticized for between women and the natural world, which drawn out over almost 15 years of discussions Despite this limited legislative progress, reproducing stereotypes of Ainu primitiveness. constituted an integral component of Ainu culture and multiple revisions of the proposed legislation, concerns from previous years over the use At a national level, too, understanding of Ainu’s and feminine identity. Unlike mainstream Japanese the latest draft again stalled in parliament during of traditional indigenous lands for tourism history of discrimination and their situation feminism, which seeks to liberate Japanese women 2015 amid opposition both from representatives and other purposes, as well as constraints on today remains limited. In a series of textbooks from traditional gendered spheres of production, opposing its concessions and indigenous activists cultural practices in nationalized lands, persisted approved in 2015, for example, references to the Ainu feminism has embraced gendered cultural critical of its failure to provide full autonomy to in 2015. Of particular concern in terms of violent expropriation of Ainu land during the performances as empowerment. This is perhaps best its communities. preserving indigenous cultural heritage and Period (1868–1912) were revised to imply demonstrated in traditional clothwork, as evidenced Taiwan lost its seat at the UN in 1971, when economic livelihoods is the issue of hunting. the government had actually made efforts to in research by Ainu scholar Ann-elise Lewallen. the People’s Republic of China was recognized as In December, indigenous communities across protect Ainu. Ainu clothwork is a form of both political and the representative of China, and is now unable to Taiwan demonstrated against the conviction of Some Ainu rights defenders and scholars have cultural performance. Embroidered or woven ratify UN . However, successive Taiwanese Tama Talum, a 56-year-old indigenous Bunun also noted with concern that the localization of patterns convey deep narrative qualities ranging governments have stated their commitment to man who was sentenced to three and a half years Ainu culture creates an inaccurate and essentialist from expressing genealogy to communing with implementing international instruments such as in prison for illegal weapons possession and notion of Ainu identity inextricably connected to the natural and spirit world. Ainu women have the UN Declaration on the Rights of Indigenous poaching. For many indigenous communities in Hokkaido, although the territory of Ainu Mosir, organized community embroidery classes that have Peoples and other relevant texts into domestic Taiwan, hunting is not only about butchering the Ainu name for their homeland, has never created platforms for the teaching and preservation law. As such, 2015 marked the tenth anniversary animals but also social performance and been clearly delineated. This has resulted in the of cultural performance but which also provide of the passage of the Basic Law on Indigenous gender identity: it can amount to a spiritual alienation of Ainu living outside of Hokkaido: for opportunities for Ainu women to negotiate what Peoples and the establishment of the Indigenous communication. However, despite its relative example, they are ineligible to join the Hokkaido it means to be an Ainu woman in Japan today. Television Network, in line with the requirement importance in indigenous culture, Taiwanese Ainu Association, the largest organization of its Employing traditional motifs and oral histories, of the 1998 Aboriginal Education Law that there law only permits non-commercial hunting kind, and do not receive the rights and privileges Ainu women are creating vehicles not only for the should be television programming devoted to conducted for public ceremonies approved by of Ainu welfare measures. This means that, despite preservation of traditional Ainu cultural heritage indigenous culture and education. local governments. A 2013 Supreme Court national recognition of Ainu as an indigenous but also for the creation of new identities and Building on this existing legislation, in decision, furthermore, established that indigenous people, at present Ainu living outside of cultural practices. November 2015 the Legislative Yuan adopted a men could only hunt with homemade rifles Hokkaido are effectively denied such recognition Such practices have taken place within and law designed to promote indigenous languages. and ammunition, which are dangerous and and attendant rights. This has led to the creation beyond Hokkaido, reiterating the need to expand Taiwan’s Council of Indigenous Peoples, a ineffective. In January 2016, the Ministry of of hierarchies within Ainu society, not only based recognition of Ainu identity beyond localized ministry-level body that guides much of the Interior announced the possibility of relaxing on territory but also with regard to gender. geographies. It also points to the fact that government’s indigenous policy, welcomed such to allow aborigines to hunt This can have a negative impact on the mainstream feminism may not always recognize the law as an important step in protecting during traditional festivals. promotion and performance of Ainu cultural the specific issues at play within an indigenous indigenous culture. The need to provide greater The cultural practices of Taiwan’s aboriginal heritage. One area where Ainu efforts to achieve community and may need to draw on indigenous support is especially urgent when many of these communities have also attracted increasing emancipation have challenged traditional feminist thinking. Ainu women are engaged in languages are now under threat: according to interest from outside the country. In July, for prejudices and inspired cultural revival most constructing hybrid cultural performances that UNESCO, 5 of the 42 indigenous languages example, the US-based Channel starkly is through , which draw on past tradition rather than simply reject and dialects spoken in Taiwan are considered announced it would be releasing a programme has developed in distinct ways to mainstream it, while at the same time moving beyond certain critically endangered (just one step removed from called Taiwan’s Tribal Treasure, in close Japanese feminism. Ainu feminists have practices such as woodcarving or clothwork that extinction), one is deemed severely endangered collaboration with the Council of Indigenous accused Japanese feminists of disregarding have become increasingly commodified by tourist and a further nine are vulnerable. The law Peoples. Indigenous cultural heritage in Taiwan the intersectional dimensions of race, class villages. In this way, Ainu feminists are reaching for provides that the central government will fund received further recognition in October when or ethnicity in their campaigning, while also empowerment as both ‘indigenous’ and ‘women’ by research and studies in indigenous languages and the World Monuments Fund announced it challenging mainstream Ainu rights activism embracing traditional cultural performances, but on that public signs in indigenous areas will include was including a 600-year-old ancestral Rukai for privileging Ainu ethnic rights defence more their own terms. ■ the local language. Indigenous communities village on its Monuments Watch list. Despite will also be able to communicate in their own its significance in Rukai mythology, the village

160 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 161 and Indigenous Peoples 2016 and Indigenous Peoples 2016 was largely abandoned in 1974 when the village Right: at a cultural festival council voted to relocate closer to modern in Queensland, Australia. John Skewes. infrastructure. Its inclusion on the Watch List will highlight the importance of its fragile with their former villages and also developed new physical remains and the valuable intangible forms of cultural expression in urban and foreign Rukai heritage associated with the site. contexts that nevertheless build on the traditions of their communities of origin. This can also provide the space for a creative negotiation of an individual’s position within the community Oceania and how this links to other aspects of identity. Indigenous migrant women, for example, may Jacqui Zalcberg be able to reinterpret their roles and mobilize against issues such as gender-based violence. The Oceania region is distinctive in that many Research indicates that Oceania, in particular the of the smaller Pacific island states have a high Pacific, has the highest levels of such violence in proportion of indigenous peoples that form the world, with more than 60 per cent of women majority populations. At the same time, in and girls having suffered violence inflicted by other countries of the region such as Australia, someone they know. (Kanaky) and New Zealand (Aotearoa), colonial settlement and immigration Australia has reduced indigenous populations to a minority Australia was considered by the UN HRC during in their own lands. Though across the region 2015 for its second Universal Periodic Review. as a whole the indigenous population remains Many indigenous organizations contributed sizeable, continued poverty and exclusion has shadow reports to the process, highlighting the eroded many aspects of their rich cultural various challenges facing Aboriginal and Torres heritage. This encompasses not only sites of Strait Islander Australians across a range of cultural importance but also the continuity and issues. During the process, many states noted policies are contributing directly to higher rates voiced concerns that these expanded powers were promotion of intangible traditional practices, the positive development of the proposed of indigenous incarceration, compounded by having a disproportionate impact on Aboriginal including the transmission of native languages 2017 referendum on indigenous recognition, the continued separation of indigenous families, and Torres Strait Islander peoples in the Northern whether as a means of communication or for providing Australians with the opportunity to purportedly on the basis of welfare concerns. Territory, perpetuating the disproportionate cultural purposes. vote on an amendment of the Constitution In the Northern Territory, since the levels of indigenous people in custody for minor The pressures facing indigenous peoples to formally recognize its first peoples. commencement of the so-called Northern offences, such as drunkenness, swearing or have been exacerbated by the destruction Nevertheless, the comments also highlighted Territory Intervention in 2006, considerable making too much noise. The paperless arrest laws or degradation of local environments and the ongoing marginalization and exclusion of resources have been allocated to the task of were subsequently challenged on the grounds eco‑systems due to natural disasters and the Aborigines and Torres Strait Islanders, as well extending the reach of mainstream forms of of discrimination before the High Court and in effects of climate change: as many communities as the disproportionate rates of indigenous policing and governance. However, this approach November, while stopping short of striking down have close spiritual connections and complex incarceration. has eroded indigenous communities and led to the laws, the court did significantly curb the social systems attached to the land, these Recent years have witnessed a remarkable elevated rates of incarceration. Indeed, indigenous extent of their powers, insisting they be subject to pressures can disrupt cultural systems as well as indigenous cultural revival and renewed sense of peoples make up about 30 per cent of the the normal limits that apply to police arrest and livelihoods, food security and health. The year identity. However, Australia’s history of brutal Territory’s residents but more than 80 per cent of detention to protect against arbitrary detention. 2015 saw the beginning of an El Niño weather colonialism, including the violent killing of its prison population. Two well publicized cases in 2015 highlighted pattern, which forecasters fear could lead to a Aborigines and Torres Strait Islanders by settlers, Of particular concern in this regard during the ongoing concern over Aboriginal deaths humanitarian crisis in the region. the forced displacement of communities from 2015 was the use of paperless arrest powers in the in custody: the death of Kumanjayi Langdon, Migration is also having an impact on oceanic their lands and the impact of assimilationist Northern Territory following the passing in 2014 a Warlpiri elder, who died in May alone in a indigenous cultures, as a high percentage of policies on the so-called stolen generation, of Section 133AB of the Police Administration Darwin police cell, after being locked up under Pacific Islanders now live abroad or have moved forcibly removed from their families, Act (NT), allowing the police to detain a person the paperless arrest laws, and the initiation of from rural areas to cities. These processes can lead have irreversibly damaged their way of life. in custody for up to four hours without a warrant a Coronial Inquest into the death of a young to significant upheaval and undermine traditional Furthermore, official policies still negatively affect if they suspect that person has committed, or Aboriginal woman, Ms Dhu, in August 2014. systems, though in many cases indigenous Aboriginal and Torres Strait Islander peoples, is about to commit, an ‘infringement notice Dhu died in agony from untreated septicaemia migrants have managed to maintain connections their communities and cultures. Criminal justice offence’. Indigenous peoples and other advocates after being incarcerated in South Hedland police

162 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 163 and Indigenous Peoples 2016 and Indigenous Peoples 2016 station for not paying around AU$3,500 worth the number of these communities should be in practice of using the legislation to crack down of fines. Both cases brought renewed public reduced. In May 2015, the premier released the on dissent. The government has used similar Case study by Electra Babouri attention to the epidemic levels of Aboriginal government’s plan for the state’s 274 remote morality arguments to justify other repressive incarceration in Australia. According to the communities. While no specific details were measures, including its attempt during the year Australian Institute of Criminology, indigenous provided on how decisions would be made, the to block Facebook, although refugee advocates Sacred lands and imprisonment rates increased by 51.5 per cent premier noted he expected a ‘significant’ number have claimed the move was to prevent residents between 2000 and 2010. would close. of its controversial asylum detention centre from seas: the lifeblood The problem is especially pronounced among Australia continues to attract international speaking out about their conditions. Nauru has the young, with Aboriginal and Torres Strait criticism for its harsh immigration and asylum received widespread criticism for its involvement of Pacific cultures Islander youth 26 times more likely to be in policies. During the review of its human rights in Australia’s offshore processing centres, detention than their non-indigenous peers. practices at the UN HRC in Geneva, Australia including allegations of unreasonable delays This disparity is particularly evident in Western received sustained criticism from delegates of in processing claims, harsh living conditions, With the highest proportion of indigenous Australia, where the incarceration rate for other countries for a range of practices, including violence and sexual abuse against asylum seekers. peoples in traditional governance systems indigenous children is 52 times higher than mandatory detention, the turning back of boats Violence against women remains a key issue worldwide, cultural practices play an the rate for non-indigenous children. This is in with asylum seekers found at sea and the removal for Nauru. While a lack of readily available essential role in the Pacific by affirming and part due to the Criminal Code Act 1913 (WA), of asylum seekers to offshore processing centres in data makes conclusions difficult, there is a reinforcing the close interrelationship between requiring magistrates to impose mandatory other countries, such as Nauru and Papua New general perception that it is in fact increasing in eco‑systems, humans and ways of life. As with minimum sentences on young offenders in Guinea, where reports of human rights violations frequency. While some new policy measures are indigenous populations elsewhere, Pacific certain circumstances. Despite recommendations have been common. An independent review being developed by the government to tackle this communities do not distinguish between of the UN Committee on the Rights of the published in 2015 into detention conditions at problem, it is difficult to assess the effectiveness sites of cultural or natural importance: Child in 2012 to revise this practice, in 2014 the the Nauru centre by former integrity minister of these measures in reducing violence against communal identities are closely interwoven West Australian Legislative Assembly passed a Philip Moss found evidence of sexual and physical women. While traditionally Nauruan have with the surrounding land and sea, and bill extending the range of offences attracting a assaults on children and adults. The report been matrilineal, with property passing to female the relationship with them is not one of mandatory minimum sentence to include home concluded that many asylum seekers living in rather than male heirs and providing women ownership but interdependence, sustaining burglaries. Nevertheless, indigenous communities the detention centre were apprehensive about with a measure of domestic influence, in practice not only livelihoods but also the fabric of have been developing community-led responses their personal safety and have privacy concerns. many occupy a marginalized position within their society and beliefs. This is reflected to address these challenges. For example, in the Some commentators have suggested that the society – a situation reflected in the fact that the in the way that many Pacific languages use town of Bourke in New South Wales, community harsh asylum policies, which enjoy wide popular country has only had two elected female MPs. similar words to describe culture, eco‑systems leaders are working with a local NGO on a trial support, are driven not only by border security The issue of sexual assault against women, in and other aspects of their lives – a reflection project of ‘justice reinvestment’ that aims to but also by the legacy of exclusionary attitudes particular for the minorities who are now being of the rich interconnections their speakers identify community-based alternatives to prison among white Australians towards non-Caucasian settled in Nauru as refugees under Australia’s perceive between them. to prevent marginalized youth from offending. migrants as well as the indigenous population in resettlement policy, was highlighted by a This respect for land and the environment To succeed, however, it is essential that the general. high‑profile case that came to light in October is particularly evident in the Pacific’s many government support these initiatives. 2015, when a 23-year-old Somali refugee was sacred places. While these can manifest as Another major factor that could severely Nauru sexually assaulted on Nauru. Known as Abyan, man-made sites, such as marae in the Cook impact indigenous culture is the projected closure Nauru is a parliamentary democracy, with 58 per she allegedly became pregnant as a result of a Islands, New Zealand and or malae of specific remote communities, particularly cent of the population comprised of indigenous sexual assault on the island and requested to in – broadly speaking, a rectangular in Western Australia. In September 2014, Nauruans while another 26 per cent identify travel to Australia, as remains an illegal clearing traditionally used for community indigenous affairs minister Nigel Scullion as Pacific Islanders. Chinese (8 per cent) and procedure on Nauru. But after spending five gatherings and ceremonial purposes – sacred announced that agreements had been reached European (8 per cent) minorities make up days in immigration detention in Australia, sites are typically linked to elements of the with a number of states to transfer responsibility the remainder of the population. While the immigration minister Peter Dutton publicly natural landscape, from mountains and from the federal government for service provision Constitution theoretically protects the rights and stated that Abyan had decided not to proceed forests to reefs and oceans. These places are in remote indigenous communities. In November freedoms of Nauruan citizens, 2015 saw some with the abortion and was sent back to Nauru, imbued with meaning by being bound to 2014, following this announcement, the Premier significant setbacks with regard to the island without the procedure having been carried out. creation myths, , migratory routes, of Western Australia, Colin Barnett, flagged nation’s democratic space, including the passing Abyan denied that she had changed her mind, initiation ceremonies, healing rituals, burial that up to 150 remote Aboriginal communities of the Criminal Code (Amendment) Bill 2015. and her lawyers said she had simply asked for sites and other practices. in Western Australia might be closed, claiming Allegedly developed to curb language that is more time to make a decision. There have been For example, the Fagaloa Bay on the that the social and health problems in many ‘threatening, abusive or insulting in nature and calls for an independent commission into the Samoan island of Upolu, now a conservation remote communities meant that the state could has the intention to stir up racial, religious or handling of the case. zone, is of immense importance to the Tiavea not provide them with essential services and political hatred’, critics accuse the government

164 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 165 and Indigenous Peoples 2016 and Indigenous Peoples 2016 and Uafato communities who have traditionally such as at risk of disappearing entirely. by researching the tangible and intangible managed the area, one of the most important However, Oceania’s indigenous communities heritage involved in their construction, with the biodiversity areas regionally, where the sacred are also at the forefront of efforts to safeguard aim of producing a handbook of best practices ifelele tree can also be found. Continuing a irreplaceable natural resources and mitigate to support the use of indigenous building design 3,000-year history, the communities practise destruction, reflected in initiatives to conserve across the Pacific region. Nevertheless, by the Fa’a Samoa (Samoan way of life) and related threatened habitats. For instance, the Wanang end of the year the effects of Pam were traditions, interrelating with everything animate Conservation Area in Papua , set still visible, due in part to significant financial and inanimate (Va Tapuia). The area is believed up by a coalition of 10 indigenous rainforest- shortfalls, with only a fraction of the needed to be home to ancestral gods, with particular dwelling clans, won the 2015 Equator Prize for funds provided by international donors. elements of the landscape symbolizing elements sustainable development. They are protecting Another unique form of cultural heritage of their mythology. 10,000 hectares of rainforest and have planted widely practised in Vanuatu’s archipelago is Yet many sacred sites and seascapes are 280,000 plants on a ‘forest dynamics plot’ in sand drawing, which has also been recognized now facing various pressures, including the order to study how their local environment is on UNESCO’s list of intangible cultural exploitation of their natural resources through being affected by climate change. A research heritage. Besides its merits as a rich and striking logging of rainforests, mining and other station is training community members to act as art form, it is also an important medium of development projects, such as the creation para-ecologists and research technicians. communication for the approximately 80 of roads and tourist resorts. In addition, a While indigenous peoples’ rights may be different language groups inhabiting Vanuatu. growing threat is that posed by climate change. protected across the region by national legislation, While these works are now popular as decoration Flash floods, storms, rising sea levels, increased customary rights frameworks and international and in tourist wares, their beauty reflects the temperatures and other environmental impacts norms, in practice indigenous lands and complex myths and traditions represented within are undermining the very eco‑systems indigenous especially their sacred spaces remain under threat them – elements that could be threatened by communities depend on – from soil and livestock – a situation that undermines the fundamental increasing commercialization. ■ to water sources and coral reefs. High tides and identity of communities themselves. Recognizing rising sea levels are already impacting low-lying the unique and synergistic relationship between islands and atolls by making them partially indigenous peoples and their local environments, uninhabitable or altogether submerging them, instead of marginalizing them from decision- as seen in Tuvalu, Kiribati, Vanuatu and the making, would be an important step in Carteret Islands in . improving environmental stewardship in the The region’s islands are considered by many region. The alternative, however, is that they to be on the frontline of climate change, with could become the collateral damage of certain Pacific Small Island Developing States climate change. ■

Vanuatu Fortunately the cyclone, which left 75,000 Vanuatu experienced significant political in need of emergency shelter and devastated instability during 2015. In a series of landmark Vanuatu’s food crops, incurred a surprisingly court cases, 14 MPs were jailed for corruption, low death toll – 24 fatalities – a situation largely including Moana attributed to the design of traditional huts, Carcasses. This led to the dissolution of known as ‘nakamals’. Lightweight, relatively parliament, with the country holding a general flexible structures made of traditional materials election in January 2016. This upheaval was such as bamboo, with low walls and roofs, they compounded in March 2015 by the impacts are able to withstand extreme weather better than of Cyclone Pam, one of the worst natural other housing designs. Vanuatu was subsequently disasters in the country’s history, causing honoured in October on the International widespread destruction. The World Heritage Day for Disaster Risk Reduction for its use of site of Chief Roi Mata’s Domain, an important traditional knowledge in developing resilient seventeenth-century cultural site spread out over community housing. UNESCO also announced the islands of Efate, Lelepa and Artok, was also that it would be funding a project to support the substantially damaged. continued vitality of Vanuatu’s nakamal tradition

166 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 167 and Indigenous Peoples 2016 and Indigenous Peoples 2016 . AZER RUSSIA SEA TURKEY K YPRUS C AC AINE BL UKR VA ARUS MOLDO BEL GARIA AND VIA BUL T ANEAN SEA LA FINL

ESTONIA GREECE CEDONIA Y MA SERBIA MONTENEGRO . AKIA os ovo AND Europe K Katalin Halász and OV POL SL Kaliningrad (Rus.) . HUNGAR TIA A

BOSNIA AND HERZE Nurçan Kaya Y MEDITERR SWEDEN AL CRO IT VENIA CZECH REP O AY SL NORW LIECH. SAN MARINO GERMANY DENMARK AND CO ANDS MONA SWITZERL GIUM BEL A NETHERL ANCE FR ANDORR UNITED KINGDOM Europe AND AND

ICEL Boris Babin, Electra Babouri, IREL

AIN Shorena Kobaidze, Federica Prina SP ANTIC

L and Sara Vincini OCEAN AT vents affecting minorities in Europe origin, Roma and immigrant populations during 2015 were dominated by violent continue to experience high levels of verbal and E attacks by religious extremists, including physical assault. two major incidents in Paris that together killed almost 150 people, as well as a foiled attempted France shooting on a train travelling from Amsterdam France suffered two major attacks carried out to Paris. The year also marked the emergence by religious extremists during the year. On 7 of a crisis that saw more than a million refugees January, an assault by armed gunmen on the and migrants enter the region, including a large offices of the satirical magazine Charlie Hebdo in proportion of Syrians displaced by the conflict. Paris, allegedly in reprisal for publishing cartoons Amid fears of further attacks inspired by the of the Prophet Muhammad, was followed by militant group Islamic State in Iraq and al-Sham a series of other attacks that culminated in (ISIS), many governments have increasingly shootings at a Jewish supermarket in the city’s seen the swelling number of refugees as an issue eastern suburbs on 9 January. With a total of 17 of security rather than one of humanitarian people killed, the attacks were among the worst protection. security incidents the country had experienced These developments have impacted deeply in several decades. While some of the subsequent not only on the treatment of refugees and public discussion focused on the exclusion of migrants by many European countries, but France’s Muslim minority and the ghettoization also caused a shift in popular attitudes towards of its immigrant population in marginalized ethnic and religious minorities in general that suburban banlieues, the attacks also served to has contributed to the rise of right-wing political reinforce existing religious and ethnic divisions organizations across the region. In Denmark, within French society. France and elsewhere, this increased popularity These issues were brought into even sharper was reflected in significant gains in national relief in November, when a series of coordinated elections in 2015, as well as a rise in hate speech suicide bombings and shootings targeting cafés, and hate crime towards Muslim communities restaurants, a music venue and near the Stade de 2014, the attacks contributed to a further surge Above: Muslim women in France. Baba1948. in particular. However, other parties with a France stadium left 130 people dead and injured in votes for the party during the December broader racist or xenophobic message, such as more than 350. In the wake of the attacks, France regional elections. religious symbols at school, meaning female Greece’s Golden Dawn or Hungary’s , declared a state of emergency and imposed a Nevertheless, the fears expressed by the Muslim students were unable to wear a headscarf which secured more than a fifth of all votes in range of provisions that greatly extended police FN around assimilation, diversity and or hijab in class. Though not explicitly targeted April elections, have also been able to exploit powers to undertake searches, house arrests multiculturalism have long had currency within at any one religion, in practice French Muslims, popular frustrations at the continuing financial and other actions. Amid heightened security, mainstream French society, resulting at times in particularly girls, were most affected by the ban. crisis to achieve support for campaigns targeting hate crimes against Muslims rose sharply in the incidents of hate speech and hate crime targeted Though the ban has been justified by its immigrants, Jews, Roma and other minorities. following days, with 32 incidents recorded by at dress and other markers. supporters as a positive step to promote gender In this context, concerns around integration, France’s National Observatory of Islamophobia One incident, captured on film in the wake of equality, arguing that many Muslim women assimilation and cultural difference have become across the country within just one week. But the Paris attacks, involved a woman on a train wearing the burqa or niqab are coerced into increasingly divisive, reflected at times in while the attacks undoubtedly intensified negative in Paris insulting a Muslim man because she doing so by other members of their community, suspicion and surveillance of minority spaces attitudes towards the country’s Muslim minority, regarded his attire – a beard, a small cap and a others have argued that it has served to further such as mosques as well as an increased focus on the community has long faced worsening hostility qarmis, a long garment traditionally worn by isolate women in that situation who may be language, social values and other issues. While and a widespread feeling that they are not fully Muslim men – as ‘illegal’ and ‘offensive’. The pressured into not appearing in public as a these concerns have shaped official policy, they part of French society. French state has a long established principle of result. Furthermore, critics have argued that have also driven hate crime and hate speech Popular intolerance towards Islam and broader laïcité, loosely signifying the separation of the it has contributed to a broader climate of across Europe. Indeed, many community concerns about France’s immigrant population, state from religion. This has been reflected in discrimination for Muslim women who wear members have been targeted solely on the basis attitudes rooted in both ethnic and religious various state policies, including the controversial face coverings, whether through choice or of identifiable markers, while places of worship, discrimination, have been reinforced by the rise ban on face coverings in public that came into coercion. One example took place in December graveyards, cultural centres and other sites have of far-right political groups. While this trend force from April 2011 – a stipulation that in Vénissieux, near Lyon, when the headmaster also been attacked. However, while Muslims has been apparent for a while, reflected in the prevents Muslim women from wearing a full- of the Jacques Brel reportedly in many countries appear to be increasingly unprecedented number of seats won by the far- face veil, the burqa or niqab, in public. This was asked a group of Muslim mothers to wait targeted, ethnic minorities of African or Asian right Front National (FN) in local elections in preceded by the 2004 law banning conspicuous outside during a puppet show organized for their

170 Europe State of the World’s Minorities State of the World’s Minorities Europe 171 and Indigenous Peoples 2016 and Indigenous Peoples 2016 children. Though the reason given was that they Jewish people were held hostage and four were cultural heritage and an important source of were wearing hijab and therefore were in breach killed, was particularly extreme, hate crime and Case study by Annela Laaneots pride for the community. of France’s Charter for Secularity in School, the hate speech more generally has reportedly been The year 2015 was a remarkable one Charter in fact forbids only pupils from wearing on the rise. According to figures released by the for Seto people as one of their cultural religious symbols to school, while making an Service de Protection de la Communauté Juive centres, the village of Obinitsa, held the exception for accompanying parents and adults. (SPCJ), anti-Semitic acts in France continued ’s Seto title of Finno-Ugric Capital of Culture. Another area that has proved divisive is diet, throughout 2015, including death threats, This annual award was developed by the with many schools deciding during the year and physical assaults on people host Finno- Youth Association of Finno-Ugric Peoples to stop offering pork-free menus in the name people wearing the kippah and other religious (MAFUN) with the aim of strengthening of laïcité. This approach, while receiving the markers. They recorded 808 anti-Semitic acts Ugric Capital the common identity of Finno-Ugric support of some public officials – Jean-Paul during the year, although SPCJ also noted that peoples, to which Seto belong, raising Beneytou, mayor of the small town of Chilly- many victims were hesitant to file complaints of Culture in awareness of kindred Finno-Ugric Mazarin, claims that it was simply a way to after others had recently been killed on account communities and languages, as well as ‘preserve public sector neutrality’ – the effect of their faith. Perhaps as a result of these Obinitsa village stimulating local development in different has been to further segregate minority students. incidents and of an increasingly widespread Finno-Ugric regions. Loosely modelled The families of Muslim and Jewish children feeling of being ‘unwelcome’, approximately after the European Capitals of Culture who do not eat pork for religious reasons 8,000 French Jewish people migrated to Israel Seto are indigenous to the territories of what is programme, it has been adapted to reflect have complained when pork main dishes are in 2015. now south-east Estonia and north-west Russia. Finno-Ugric realities. This means a focus on featured on the menu, as their children are no Another minority that struggles with But while in Russia Seto are recognized as a rural areas as the primary repositories of the longer offered a different option. social exclusion is France’s Roma, who face small indigenous people, in Estonia their status living Finno-Ugric heritage. Social prejudice in France towards its Muslim discrimination in many areas of their lives, has not been formally recognized, despite their As the Seto village of Obinitsa has a long minority has also shaped its response to the particularly housing. The European Roma self-identification. With a total population of history of collaboration with other Finno- current refugee crisis in Europe, with thousands Rights Centre (ERRC) reported in July that 12,000, of whom 2,000 live in Setomaa, their Ugric peoples, the title was well-deserved. of refugees and asylum seekers from largely an average of 150 Roma were evicted by the traditional territory, Seto have a unique identity The central objective was to mutually Islamic countries like Syria now seeking sanctuary French authorities every week during the first sustained by their own language, heritage and learn and teach about different aspects of in the country. This has led to increasing tensions half of the year. Anti-Roma sentiment in France identity. An example of this is Seto polyphonic cultural heritage between communities: for in certain areas, particularly the coastal town remains pervasive. During the year, several bus ‘leelo’ singing, a tradition included on the of Calais, as some locals have set up vigilante drivers in Montpellier declined to pick up Roma United Nations Educational, Scientific and Below: Obinitsa’s delegation in Petseri, groups that have reportedly carried out attacks children on their way to school, for example, Cultural Organization’s global list of intangible Russian Federation. Helju Majak. on refugees. In early 2016, demolition works in while in a small municipality near Paris, several the open-air, state-sanctioned Calais refugee camp newly enrolled Romanian Roma pupils were dubbed ‘the Jungle’ commenced. Human rights offered to be taught in a separate building away organizations such as from any school. The right-wing mayor of warned that this action risked making people Champlan refused to bury a two-month-old baby already vulnerable to social and economic issues because of his Roma identity, reportedly stating even more so. The camp’s makeshift church and that graveyards are ‘for those who pay taxes’. mosque were also razed to the ground, despite The mayor of a neighbouring town stepped not being included in the original demolition in and gave permission for the burial to take plans, sparking anger and indignation among the place there; he called his colleague’s decision camp’s population. ‘incomprehensible’. Besides being the European country with the largest Muslim minority community, Georgia France is also home to approximately 500,000 Preliminary results from Georgia’s 2014 census, Jewish people – the largest Jewish community the first in more than a decade, were released in Europe. However, a significant number during the year, showing that the country’s have been emigrating in recent years, partly population as at the beginning of 2015 was in response to the perception that they are no just 3.7 million, compared to a little below longer welcome. While the attack on a kosher 4.4 million in 2002. Though the official supermarket in eastern Paris shortly after the figures are widely disputed, they nevertheless Charlie Hebdo shootings in January, where 15 indicate that Georgia’s population has been

172 Europe State of the World’s Minorities State of the World’s Minorities Europe 173 and Indigenous Peoples 2016 and Indigenous Peoples 2016 example, Seto masters taught representatives shrinking. Demographic decline is not a new international recognition, language and identity Greece of other Finno-Ugric peoples the community’s phenomenon in Georgia, however: in its early are also strongly contested issues in , Greece’s protracted economic crisis, which handicrafts, cooking, singing and dancing, years of independence, a large number of which declared independence from Georgia showed little sign of abating during 2015, has while at the same time learning from their , , Jews, Russians and other following its in the 1990s. In this fuelled the rise of far-right parties, such as Golden counterparts. These exchanges led to a minorities left the country amid fears of rising context, ethnic Georgians living in the region Dawn, with a strong anti-immigrant focus. In number of new creative economy initiatives, ethno-nationalism, economic insecurity and are still marginalized from public life. This recent years, these organizations have exploited including in the field of tourism development. the escalation of civil conflict in the breakaway is especially evident in Gali, one of the most popular frustration and insecurity through During the year, over 60 cultural events – regions of South and then Abkhazia, now volatile areas near the border of Abkhazia, where xenophobic political rhetoric, in the process exhibitions, workshops, concerts, film festivals a de facto separatist republic. While many have officially only instruction in Abkhaz and Russian winning a significant portion of votes. Despite and much more – were held. A new art gallery left the country in the years since, emigration is permitted at the pre-school and primary level, efforts to clamp down on its activities during the and a Finno-Ugric flag square were opened. levels have been disproportionately high among meaning that Georgian language speakers are year – including the commencement of a trial in As a result, this tiny village of 168 residents minorities, meaning their representation denied the right to receive education in their April of 69 Golden Dawn members on charges hosted over 25,000 visitors. within Georgia has declined markedly. Despite mother tongue. Some families have reportedly of participating in violence and criminality – In addition to holding traditional cultural significant progress in certain areas, including been forced to move to the Zugdidi region in Golden Dawn still managed to secure 7 per cent events, Obinitsa became an arena to discuss a number of recent measures to support the western Georgia so that their children can attend of votes and 18 seats in the September elections. a number of topics of central importance for full participation of minorities in public life, Georgian schools. The areas where Golden Dawn appeared to enjoy Finno-Ugric communities, many of whom the country’s history of division continues to While the Ministry of Culture and Monument the most popularity were those most affected are facing a dramatic decline in the number be felt to this day, reflected in ongoing tensions Protection of Georgia and other government by Europe’s refugee crisis, with at least 800,000 of people who can speak their languages over minority languages, religions and cultures. bodies have taken steps to protect important mostly Syrian refugees reaching Greece by sea. and the threat of assimilation into dominant Religiously motivated violence and an inadequate minority heritage sites such as mosques, as The islands of Kos and Lesbos, for example, cultures. A conference on ethno-futurism response from law-enforcement agencies to well as provide some support to contemporary which received a large influx of refugees in the (an international movement with Estonian, address the problem have also persisted, despite cultural activities such as theatrical productions first half of the year, saw votes for Golden Dawn including Seto, roots) and a Forum of efforts to promote integration. in minority languages, the contribution of almost double in September. The European Finno-Ugric Villages are just a few examples As Georgia is a largely Orthodox Christian Georgia’s minority traditions to the country’s Union’s (EU) registration system on the islands of how Obinitsa served as both a cultural country, the Orthodox Church’s resurgence since heritage is often undervalued. Furthermore, has been criticized for implementing a tiered and intellectual centre for the Finno-Ugric the end of Soviet rule has heavily influenced while many religious and cultural monuments system that reportedly privileges Syrian nationals world. A key factor of Obinitsa’s success as the development of . In belonging to minorities are in need of immediate over refugees from other countries. Meanwhile Finno-Ugric Capital of Culture was effective addition to widespread popular support, the rehabilitation, recent research has suggested Afghan families were reportedly receiving just communication about the initiative both in Church’s position has also been strengthened that less than 1 per cent of funding provided one full a day and were allowed only one Estonia and other Finno-Ugric countries and through a 2002 agreement with the state that by cities and towns to religious organizations, month’s leave to stay in the country, compared to regions. This was accomplished through, for provides official recognition and a range of including for the preservation of buildings, the six months granted to Syrians. This system, example, a multimedia website, an active benefits that include tax relief, exemptions and a went to non-Orthodox groups. Furthermore, apparently designed on the assumption that social media presence, webcasts of video significant role in the country’s education system. in parts of the country the construction of new other had weaker asylum claims clips documenting nearly every programme Minority religions, in contrast, are often seen as places of worship by minority communities than Syrian nationals, was reportedly leading event and a special Setomaa theme page on a threat to Georgian identity, particularly when is still constrained by regulations and local to tensions between refugees from different Estonia’s most popular web portal. a specific ethnicity is perceived to have ties with resistance. During 2015, Muslims in Batumi, the countries. On a positive note, however, many While Obinitsa also faced a number of nearby countries – for example, the description capital of region, continued to be denied islanders from Lesbos received worldwide praise challenges during the year, such as mobilizing of Georgian Muslims in some media outlets as permission to build a second mosque in the city for their humanitarian efforts in helping to rescue the entire village population and ensuring ‘Turks’. In some state schools, particularly in the – an ongoing issue – obstructed by nationalist hundreds of refugees throughout the year and by sufficient financing to support the year’s autonomous republic of Adjara bordering Turkey, politicians who have attacked the proposal as giving them food and water. Petitions have been ambitious programme, the end result was a Muslim students have reportedly been stigmatized a threat to Georgian identity. Other religious set up to nominate some of these residents as remarkable success, and an inspiration both and even at times faced pressure to convert – a minorities, such as Catholics and Jehovah’s candidates for the Nobel Peace Prize. for Seto people and other kindred Finno- situation that, as described by the Advisory Witnesses, have also experienced barriers in Besides targeting migrants, Golden Dawn has a Ugric peoples. The initiative is an impressive Committee on the Framework Convention for securing permission to construct churches or policy of physically and verbally attacking certain example of how cultural heritage can be the Protection of National Minorities (FCNM) Kingdom Halls. These and other restrictions ethnic and religious groups, such as the country’s placed in the service of not only artistic in its 2015 opinion, undermines the legal highlight the continued need, as emphasized Jewish minority. In October 2015, three Golden and intellectual expression, but also further principle of the school as a ‘neutral space where by the FCNM Advisory Committee during the Dawn members (MEPs) socio-economic development and broader religious indoctrination, proselytism and forced year, for authorities to promote the ‘integration published a video online containing anti-Semitic recognition of an indigenous community. ■ assimilation are forbidden’. of society while fully valuing and respecting its and anti-migrant content, accusing the Merkel As a separatist republic still lacking ethnic, cultural, religious, and language diversity’. government in Germany of supporting a ‘Zionist’

174 Europe State of the World’s Minorities State of the World’s Minorities Europe 175 and Indigenous Peoples 2016 and Indigenous Peoples 2016 live in decrepit and dangerous camps at the edges campaign against Roma settlements, with conspiracy against Europe. Anti-Semitism is Case study by Sara Vincini of towns without access to sanitation, running Matteo Salvini, leader of the party, urging not confined to Golden Dawn alone, however: water or other services. These settlements, citizens to ‘raze Roma camps with bulldozers’. the Coordination Forum for Countering anti- besides being under constant threat of eviction This sparked vehement reactions from left- Semitism recorded several anti-Semitic incidents Using culture to break by local authorities, have regularly been attacked wing parties, which rejected Salvini’s proposal during 2015. Former Greek by racist groups, with politicians themselves at and called for more effective and inclusive Yanis Varoufakis was depicted as a ‘Jewish loan down stereotypes of times encouraging the violence. Following the actions to integrate the Roma minority. shark’ in a cartoon that appeared in the Greek announcement in March 2015 by Pope Francis While strengthening legal protections daily newspaper Ta Nea. In June, anti-Semitic ’s Roma of the 2016 Jubilee of Mercy in Rome – a major for the community is an important step in graffiti warning that ‘the Jews are murderers’ religious celebration expected to bring thousands improving the situation of Roma, cultural appeared in Kavala and the town’s Holocaust of pilgrims and tourists to the capital – local expression and interaction also have an memorial was desecrated, while in October one Italy’s Roma are among the country’s poorest authorities used the event as a pretext to carry important role in addressing popular attitudes of Athens’ main Jewish cemeteries was vandalized and most marginalized communities, with a long out further forced evictions of Roma settlements, and misconceptions about the community. with sprayed swastikas and insults against Jews. history of discrimination that has only intensified which tripled to an average of nine evictions per As a result, some non-governmental The anti-Semitic group Combat 18 Hellas later in recent years. A recent poll by the Pew Research month. Far-right and xenophobic political parties organizations (NGOs) working on advocacy claimed responsibility for the attack by posting Center found that as many as 85 per cent of in Italy – especially the Lega Nord (Northern and social emancipation for Roma in Italy pictures on its website. hold negative views towards Roma, League) – took to Italian TV and social media to have developed programmes that explore As is the case in many European countries, reflected in high levels of hate crime and enduring the potential of the arts to engage different the estimated 265,000 Roma in Greece regularly stereotypes against the community. Below: Roma and non-Roma children communities, break down barriers and enable experience marginalization and stigmatization. Today it is estimated that around 180,000 perform a play in an Italian school about the those without a public platform to express Although the government’s National Strategy Roma are in Italy, 35,000 of whom are forced to history of Roma people. 21 Luglio. themselves. Among other activities, the for Social Integration of Roma focuses on organization 21 Luglio previously developed a improving the integration and living conditions programme that seeks to address the barriers of Roma, the community still faces high levels of and discrimination that Roma frequently physical segregation, discrimination and negative experience at school by bringing them stereotypes. In October 2015, after a two-year together with non-Roma children to engage trial, charges against Roma couple Christos Salis in dance and theatre – an accessible and and Eleftheria Dimopoulou – accused of stealing effective way to bring different communities a 4-year-old child named Maria – were dropped, together. Another rights group, Romà Onlus, when the court ruled that evidence against the also works to empower Roma through couple was inconclusive. This is a significant teaching Roma history and customs to step forward in the struggle to debunk myths raise awareness among other Italians of the and stereotypes attached to the Roma minority, community’s rich heritage. One project, for such as the one that accuses them of kidnapping example, has focused on traditional Roma children. as a way of engaging non-Roma. In May 2015, the UN Special Rapporteur Initiatives such as these can be powerful on contemporary forms of racism, racial platforms to break down barriers and discrimination, and related counter negative representations of Roma intolerance, Mutuma Ruteere, declared that disseminated by media, right-wing politicians ‘Roma of Greece, while being for the vast and racist groups. One of the challenges majority Greek citizens, continue to face that Italy’s Roma face is that, since they discrimination and remain economically and are widely ostracized, the community is socially vulnerable.’ The most concerning aspects largely segregated from other Italians – a are highlighted as being housing, social care and fact that can enable harmful or misleading health services. As most Roma settlements are representations to take root. Cultural not connected to Greece’s national power grid, engagement, by raising awareness and it is impossible for Roma people to register with promoting interaction, not only helps to local authorities as they are unable to provide undermine hate speech but can also enhance gas or electricity bills as proof of residence. the community’s sense of identity. ■ For the same reason, Roma children living in informal camps are not able to complete primary

176 Europe State of the World’s Minorities State of the World’s Minorities Europe 177 and Indigenous Peoples 2016 and Indigenous Peoples 2016 school education. A 2015 study conducted by for carrying narcotics. The demonstrators called a work permit have been required to pass an The law foresees the banning of organizations Antigone, an anti-racism information centre in for Tatarstan’s sovereignty, education in Tatar extensive test on Russian language, history and engaging in such activities and the prosecution Thessaloniki, analysed the discrimination that language and the freeing of Rafis Kashapov, a civic rights (including questions on ’s of Russian activists or organizations involved can also take place within Roma communities: community representative who received a three- ‘unification’ with Russia), as well as paying with them, including those in receipt of their varying educational attainment, financial status, year prison sentence in September for criticizing higher fees for permits and other documents. funding. The provisions thus threaten the funds religious beliefs and cultural practices are said to Russia’s policies in Crimea and eastern Ukraine. The bureaucratic and complex procedures of of minority and indigenous organizations from be key contributing factors, with Roma women In March 2015 the United Nations (UN) migration and refugee law have also contributed foreign entities. Obstacles to international facing gender-based discrimination as well. Human Rights Committee adopted its to the precarious living conditions of the funding continue the trend of 2012 provisions ‘Concluding observations on the seventh numerous Ukrainian refugees fleeing the conflict that require Russian NGOs to register as ‘foreign Russian Federation periodic report of the Russian Federation’. in eastern Ukraine. agents’ when they receive funds from abroad Russia’s annexation of Crimea in early 2014 and The Human Rights Committee expressed its The right to freedom of religion of some and implement ‘political activities’. For example, its subsequent support of pro-Russian separatists concern at ‘manifestations of Islamophobia minorities in Russia is at times restricted, the organization Nuori Karjala (Young ), in eastern Ukraine has had considerable impact and anti-Semitism as well as other racist and through arbitrary application of legislation and which promoted the languages and cultures of within Russia itself. To some extent, it has xenophobic acts’, including attacks by Cossack discrimination by the government, judges and the Finno-Ugric indigenous communities of the fragmented the Russian nationalist movement patrols. According to data from the Moscow- the police. Among others, those most affected are Republic of Karelia, was included by the Ministry between pro-government and opposition groups, based SOVA centre, between January and the some Protestant and ‘non-traditional’ religious of Justice in the register of ‘foreign agents’. meaning that public events such as rallies have end of November 2015 nine people were killed groups (such as Jehovah’s Witnesses), given that As a result the organization decided to cease attracted fewer supporters than in previous and 65 injured as a result of ethnically motivated their teachings are often regarded as a possible activities in August 2015. The only non-Russian years. Despite this, three ‘Russian marches’, as violence – a reduction from 2014, however, when threat to stability. There have been instances of from which the organization had well as other nationalistic public events, were 27 people were killed and 123 people injured. harassment of Muslim communities practising received funding was the UN, which had given a held on 4 November 2015, the Day of National Attacks have continued to target predominantly non-traditional forms of Islam, particularly in the grant of US$10,000 for an education project. Unity. And while public actions focusing on the persons of ‘non-Slavic appearance’: Roma and North . Some Muslims and members of Russia’s indigenous communities continue conflict in Ukraine have generally decreased since people originating from the Caucasus, Central other religious communities have been detained to be marginalized and remain vulnerable to 2014, Russian nationalists have intensified the Asia and Africa. and tried on criminal charges of extremism. land rights violations due to the state’s failure military training of their recruits. Anti-extremism Migration law continued to be hostile to The authorities continue to maintain tight to designate specific ‘territories of traditional legislation also continued to be used during the migrants: complex regulations for registration control over the publication of any materials nature use’ (as foreseen by Russian law). There course of the year to silence dissent on Russia’s and for obtaining work permits, and often the that are thought to contradict the government’s was limited consultation with indigenous peoples involvement in Ukraine. Among others, charges absence of a permanent address, tend to force official stance. In 2015 the federal authorities on matters of interest to their communities of incitement to ethnic hatred were brought migrants into a precarious position of illegality continued to update the Federal List of Extremist during the year and insufficient access to effective against the director of Moscow’s Library of or semi-illegality. Problems with registration Materials: according to SOVA centre, it was remedies in case of rights violations. In some Ukrainian Literature, Natalia Sharina, allegedly have affected even those who benefit from a visa- updated 26 times in the first six months of 2015, cases, the judiciary has seemingly persecuted for disseminating ‘anti-Russian propaganda’, as free regime with Russia, such as migrants from with the addition of 305 items (from 2,562 to indigenous human rights defenders. For example, well as against a shop assistant, an ethnic Russian, Kyrgyzstan, who make up the majority of Russia’s 2,867), at twice the rate of the first half of 2014. Evenk leader Sergey Nikiforov, who opposed who had shared social media links to Ukrainian migrants. Due to regulations introduced in 2014, The banned materials were linked to subversion gold mining in Evenk ancestral territories, was television programmes on the Ukrainian crisis. migrants from these countries could not remain even when they did not seem to pose a threat to sentenced in September 2015 to five years in While the Russian authorities have been in Russia for more than 90 days in each 180-day public order, as there is a lack of clear criteria on a penal for allegedly accepting a bribe. repressive of minority and indigenous period; many then resorted to crossing the border the classification of documents as extremist. The He had led the protests of the reindeer-herding organizations in Crimea, as described in the with a neighbouring country and then re-entering banned materials included religious texts, such as Evenk community against gold mining in Ukraine section, state officials have also cracked Russia. Violations of migration law were followed Islamic and Jehovah’s Witnesses’ literature. the Amur region, denouncing its effect on down on freedom of expression and assembly by periods in detention centres in extremely Another way that the state exerts considerable environmental conditions and the health of the in Russia itself. For example, on the anniversary poor conditions, then deportation. There were control over civil society is through restrictions local population. of the Tatars’ defence of the Kazan Khanate instances of foreign children being deported from on the funding of Russian NGOs by foreign Indigenous sacred sites, such as lakes and before Ivan the Terrible’s conquest in 1552, Russia without their parents, after they were organizations, including those protecting mountains associated with religious practices, a commemorative event on 10 November in separated from them during police raids. minority and indigenous rights. Law No. have been violated for activities such as resource Russia’s Republic of Tatarstan was partially Law enforcement officials have also undertaken 129-FZ (known as the law on ‘undesirable’ extraction and construction. For example, disrupted as the demonstrators were prevented ethnic profiling, resulting in persons of ‘non- foreign organizations) was adopted on 23 May one such case led to damage, through mining from congregating by the walls of Kazan’s Slavic appearance’ being disproportionately 2015: it targets foreign or international NGOs activities, to the mountain of Karagai-Nash Kremlin, as is traditionally done. Two Tatar affected by identity checks, extortion of bribes, as implementing ‘undesirable’ activities (representing (Russian: Lysaya Gora) – a place of worship of leaders were reportedly prevented from attending well as harassment, arrests and physical violence. a threat to the country’s ‘constitutional order, the indigenous Shor people, located near the as their car was stopped by the police, allegedly From January 2015, migrants wishing to obtain its defence potential or national security’). village of Kazas, in Kemerovo Oblast, in south-

178 Europe State of the World’s Minorities State of the World’s Minorities Europe 179 and Indigenous Peoples 2016 and Indigenous Peoples 2016 west . The mining operations started in Right: at a mosque in Diyarbakir, Turkey. 2012 around the village, forcing most of the Carpetblogger. village’s residents to relocate by 2014, leaving some missing or homeless. They were further individuals have also reportedly been targeted by denied access to a cemetery where their ancestors nationalists. Reacting against deadly attacks by were buried, while the village was ultimately the PKK on 6 and 8 September, offices belonging completely demolished. to the pro-Kurdish People’s Democratic Party (HDP) in and the southern city of Turkey Alanya were torched. Elsewhere, too, the conflict The year 2015 saw some signs of progress for reignited inter-communal tensions and led to minorities in Turkey, reflected in the election a spate of attacks against Kurds. In Muğla, a of a number of new members of parliament Kurdish farmer was physically assaulted by locals (MPs) from minority backgrounds, including and forced to kiss a statue of Ataturk, the founder the country’s Armenian, Roma, Syriac and of the modern Turkish state and an important Yezidi communities, in general elections in June nationalist figurehead, while in a and November. However, significant challenges 21-year-old Kurdish man was reportedly stabbed remain in terms of minority rights, as highlighted to death by a gang who had overheard him during the year in a report by Minority Rights speaking Kurdish on the phone. Group International and the History Foundation In November, Tahir Elçi, a renowned Kurdish of Turkey documenting the continued human rights lawyer and peace advocate, was discrimination against minorities in education. murdered in the south-eastern city of Diyarbakir. Among other challenges, minority students face An estimated 100,000 people attended his exclusionary curricula and the absence of mother- funeral, with his death seen as symbolizing a tongue instruction for many communities. Only further setback for efforts to secure a peaceful children of Jewish and Christian families may resolution to the conflict. Elçi was killed while apply to opt out of compulsory classes in Sunni attempting to raise awareness about the cultural Islam, but the process can be cumbersome and damage caused by fighting between Turkish displacement and resettlement. According to being daubed with paint. Behzat Hazır, head of in many schools alternatives are not provided and PKK forces in Sur, a historic district in some reports, the dam could displace as many the Elazığ Human Rights Association’s (İHD) for them. They can still find themselves having Diyarbakir. Sur is predominantly home to Kurds as 78,000 people, most of whom are Kurdish, branch, called on people to remain calm as the to remain in religious instruction classes or, and some Armenians, Assyrians and Yezidis, with and impact directly on another 30,000 nomadic tagging was intended to create ‘an environment alternatively, having to wander around the school a wealth of ancient and irreplaceable heritage people. One of the main sites to be affected is of fear and panic, making people anxious and premises – making them vulnerable to taunts that has been devastated in the conflict. With , a largely Kurdish city with a rich deepening the religious discrimination’. from pupils and even teachers. the violence intensifying in December, by early heritage of ancient ruins and caves. Land and property rights remain a significant In July, after a two-year ceasefire, the conflict 2016 hundreds of shops had been destroyed and Another marginalized community in Turkey barrier for religious minorities, a situation that that has lasted for decades and claimed over more than 30,000 residents forced to flee the is its Alevi population, the country’s largest has seen many important cultural heritage 40,000 lives between Turkey’s security forces and area. While the government has promised it will religious minority, who subscribe to a distinct sites destroyed, appropriated or neglected. In the Workers’ Party (PKK) resumed, rebuild the district, many locals are suspicious form of Islam that differs from that practised by Turkey’s assessment for joining the EU, released bringing significant attacks and casualties of its intentions as Sur had previously been the Sunni majority. An important milestone for in March, the European Commission called on both sides. Responding to the renewed earmarked for redevelopment, with the state’s the community came with the announcement on the government to protect minority rights, hostilities, the government banned Kurdish housing body undertaking demolition work in in December of a range of expanded rights for including to ‘allow the reopening of the Halki demonstrations and restricted access to related 2011 that was eventually halted due to strong Alevis, including legal recognition of cemevis, Greek Orthodox Seminary and lift all obstacles websites. Turkish authorities have launched a local opposition. Critics fear that the Turkish their houses of worship – a long-standing area of to its proper functioning’, ensure that property heavy security crackdown since the outbreak authorities will use Sur’s reconstruction as an discrimination. This was preceded some months and educational rights of the Greek minorities of the conflict, including the imposition of opportunity to reshape the city in line with their earlier by the visitation of an Alevi religious on Imbros and Tenedos were safeguarded, an extended curfew to allegedly contain PKK economic and security agendas. leader or dede to an Alevi prisoner in May – the and resolve ‘outstanding issues related to the fighters in the predominantly Kurdish city of Conflict is not the only threat to Turkey’s first time an Alevi religious leader had been restitution of land’ belonging to Syriacs, a in September that left residents without diverse cultural heritage, as development officially allowed to meet with a community religious minority, including the Mor Gabriel electricity and with limited access to food, water programmes such as the controversial Ilisu member in jail. Despite this progress, however, monastery and other sites. In many cases, the and medical treatment. dam have undermined the way of life of problems persist, with reports in June of Alevi appropriation of legal land deeds decades ago Kurdish organizations, businesses and many communities and resulted in evictions, homes in the provinces of Elazığ and Kocaeli has left important minority sites vulnerable

180 Europe State of the World’s Minorities State of the World’s Minorities Europe 181 and Indigenous Peoples 2016 and Indigenous Peoples 2016 to demolition or redevelopment. In May, for Turkey, as well as under-age marriage, these are controlled by pro-Russian forces, nor address Crimea and eastern Ukraine, lodged before the instance, the Kamp Armen orphanage – a site issues particularly affect girls and women from the ongoing humanitarian crisis in Crimea. ECtHR by the Ukrainian government against of great importance to the Armenian minority marginalized communities such as Roma. Uçan As a result of the conflict, more than 1.4 Russia. community and once a thriving cultural area Süpürge, a Turkish women’s rights organization, million civilians from eastern Ukraine and In other Ukrainian regions during the year before the state annulled the foundation’s estimates that one in five of the Roma girls in an Crimea are now officially registered as internally there was little in the way of substantive change ownership of the land in 1983 – began to be area north-west of Istanbul were married by the displaced persons (IDPs). Around 750,000 in relation to minority rights. State financing demolished. However, after extensive protests time they had turned 15. IDPs are concentrated in non-occupied parts of of media for traditional minorities in their own and vigils brought the demolition to a halt, These issues also affect refugee women Donetsk and Luhansk regions, meaning they are languages was in fact reduced during 2015, the landowner agreed to donate the site to the and girls, who are especially vulnerable to still in practice residing in the conflict zone but while a survey of the implementation of the Gedikpaşa Armenian Protestant Church, which exploitation due to war trauma and their have registered to preserve their legal status and Strategy of Defence and Integration for the plans to rebuild it. financial dependency. Of the estimated 2.2 secure state aid. Though more than 100,000 are Roma National Minority, adopted in 2013, Turkey’s Roma continue to suffer the effects of million Syrian refugees based in Turkey by the based in Kyiv city, and a sizeable number in other suggested that there had so far been little in deep-seated social exclusion, commonly having end of 2015, many face added disadvantage due parts of central and, to a lesser extent, western the way of concrete impact for the community. to leave school early and work in the informal to their belonging to minorities such as Syrian Ukraine, the majority of the IDPs are based in In these circumstances, the problems facing sector to help their families survive, leaving them Kurds. Dom refugees, another ethnic minority eastern parts of the country. A large proportion of traditional minorities in frontier zones, such as unable to access public services. The community group linked to the Roma with a distinct these IDPs originate from the Russian-speaking , Gagauzes and Moldovans in Odessa, is frequently targeted with hate speech as well language, Domari, face particular discrimination urban areas of eastern Ukraine and are now and Hungarians and Romanians in Transkarpatia, as physical violence. In January, for example, in due to entrenched prejudices and hostile media residing in Ukrainian-speaking territory, often are ongoing. A positive step for minorities the western city of Denizli, a 10-year-old Roma coverage of ‘Syrian gypsies’. Refugees from the in rural areas. For a long period, the Ukrainian nevertheless took place in Transkarpatia, where boy was killed by a landlord who accused him community have given accounts of harassment by government provided minimal assistance to the Ukrainian Party of Hungarians (UPH) of theft, sparking clashes between locals and both Turkish soldiers and other Syrian refugees. IDPs, many of whom found themselves in an participated successfully in local elections in Roma. Discrimination also occurs at an official More generally, there is increased concern about administrative limbo due to their uncertain legal October 2015. Though no special quota system level. In July, an investigation was launched after the exploitation faced by the estimated 250,000 status. However, following a veto by President was in place, UPH took eight seats (12.5 per cent police officers reportedly chanted discriminatory Syrian refugees working illegally in order to Petro Poroshenko of proposed IDP legislation of the total) on the regional council and secured a slogans during a street march in Keşan, in survive, lacking decent wages, employment rights in November 2015, a revised law was passed by significant number of deputy places in the region. Edirne province. This followed multiple raids by and access to legal recourse. parliament in December 2015 and approved Religious relations in Ukraine have also hundreds of anti-riot police officers in a number Despite Turkey allowing access to its public by Poroshenko in January 2016. Recognizing become a hostage of the conflict. After the of Roma neighbourhoods less than a fortnight school system, Human Rights Watch reported the long-term reality of internal displacement election of the new Metropolitan in August 2014, before, in which 45 people were detained. The in November that over 400,000 Syrian refugee for these groups, the legislation was intended the Ukrainian Orthodox Church (UOC) of the raids were criticized by Özcan Purçu, an MP of children mostly residing outside refugee camps to provide better access to legal documentation Moscow Patriarchate is increasingly perceived to Roma origin, who accused police of using Roma are unable to attend school due to language and essential services to those who had fled the be influenced by the Russian government. The neighbourhoods as ‘training sites’ and fuelling barriers, issues with integration and a lack of fighting. other UOC of the Kyiv Patriarchate, as well as ethnic discrimination. resources to meet related costs such as travel. The Ukrainian authorities tried to the Ukrainian Greek-Catholic Church, support The Turkish authorities have made some negotiate during the year with Russia on the Ukraine in the conflict, but now struggle to efforts to support greater integration and better Ukraine enforcement of the International Convention operate in the territories controlled by Russia. access to services for the Roma population, Throughout 2015, Ukraine remained in a on the Elimination of All Forms of Racial On the Ukrainian mainland, conflicts in local including a US$12 million fund to invest in situation of protracted conflict, first triggered Discrimination in the conflict zone. In August communities between followers of the different relevant projects in Roma communities between by the annexation of the Crimean peninsula by 2015, the government lodged an interstate claim UOC Patriarchates have become more frequent 2014 and 2016. In February, the governor Russia in early 2014 and the subsequent military before the European Court on Human Rights since 2014. Tensions in traditional Muslim of the province of Edirne announced the escalation by Russian-supported separatists and (ECtHR) against Russia, alleging systematic communities have also increased after the establishment of an Ottoman army band, or Russian troops in the Donetsk and Luhansk violations of the rights of ethnic Ukrainians, Spiritual Administration of Muslims of Crimea mehter, made up of Roma musicians and the regions in eastern Ukraine. Following the Second minorities and indigenous people to freedom declared its public support in November 2014 training of Roma children as hafiz, reciters of Minsk Ceasefire Agreement on 11 February of religion, expression, peaceful assembly and for the Russian occupying authorities and against the Qur’an – an announcement welcomed by 2015, the frontline stabilized and the level association. According to the submission, there the Crimean Tatar Mejlis as well as other activists Roma representatives as an important source of of military operations reduced. Nevertheless, have been cases of disappearances and arbitrary supporting the anti-Russian blockade. recognition for the community. Nevertheless, far despite these negotiations, violence in the east arrests of members of the Crimean Tatar more systematic efforts are needed to address the of the country continued throughout the year. indigenous people as well as opposition activists. Crimea marginalization of the community, particularly Furthermore, the agreement and subsequent The Ukrainian government accuses armed groups Since the forcible annexation of Crimean by Roma women. Though gender-based violence talks failed to include essential minority rights controlled by Russia of torture and ill-treatment. Russian forces in 2014, the region – while legally is an acute problem for women in general in protections in the parts of eastern Ukraine that This followed two earlier applications concerning remaining part of Ukrainian territory – has

182 Europe State of the World’s Minorities State of the World’s Minorities Europe 183 and Indigenous Peoples 2016 and Indigenous Peoples 2016 been under the de facto control of the Russian were fined for celebrating Vyshivanka Day, a date bill, recognizing the non-numerous peoples authorities. The de facto authorities have initiated honouring traditional Ukrainian embroidery. An of the Crimea, such as Crimean Karaites and a clampdown on the Crimean Tatar population, event on the 201st birthday of Ukrainian poet , as indigenous peoples, fell short of which has long struggled for recognition as Taras Shevchenko, also in March, had to be held being passed by the Ukrainian parliament in June indigenous people in the region. The Mejlis, in the outskirts of Simferopol as permission for 2015. ■ the representative body of the , it to be held in the city centre was denied. There which denounced the Russian annexation as were instances of harassment against religious illegal, has been virtually forced to stop its social minorities too, such as the UOC, the Greek- and political activities given the pressure placed Catholic Church and the Muslim community, upon its members, who have faced intimidation, including the seizure of places of worship. The de detention and charges of extremism. A variety facto authorities have also targeted pro-Ukraine of pro-Russian ‘self-defence’ militias have NGOs and silenced independent human rights also intimidated Crimean Tatars and other organizations. people who tend to hold pro-Ukrainian views. Since March 2014, Ukrainian channels There have been instances of abductions and in Crimea have been jammed and replaced disappearances, including of Crimean Tatars. with broadcasts originating from the Russian The de facto authorities have also cracked Federation. The Russia-controlled media has down on cultural gatherings by Crimean Tatars, presented a highly skewed portrayal of the especially commemorative events. This affected events in the peninsula, while websites providing events that the Mejlis attempted to organize independent information have at times been during the year, such as a traditional ceremony blocked. All Crimean Tatar media outlets but commemorating the deportation of Crimean one – the newspaper Yeni Dunya – were forced Tatars on 18 May that was denied permission in to close down on 1 April 2015, as they could 2015 on public safety grounds. Instead, the de not re-register under Russian law (as required facto authorities held their own event with loyal by the de facto authorities in April 2014). Crimean Tatar organizations. While other key While Russian-language media outlets generally celebrations were also cancelled, such as Crimean received new licences, Crimean Tatar-language Tatar Flag Day in June, events initiated by media outlets – such as the news agency QHA, Crimean Tatars but with a pro-Russia orientation the television channel ATR, as well as the were authorized. children’s television channel Lale – were denied All seven Ukrainian-medium schools that re-registration, despite repeated attempts. The operated in Crimea at the time of the annexation denials were routinely linked to technicalities, have been closed; in other schools, Ukrainian leaving the media outlets no option but to classes were generally replaced with Russian close down to avoid facing substantial fines language and literature. Some parents have and criminal charges. Instances of harassment reportedly been too intimidated to request of minority media in Crimea include a raid on instruction in Ukrainian. Provision has been the Crimean Tatar television channel ATR on made for education in Crimean Tatar, yet in 26 January 2015 by an armed police unit that practice the right to receive an education in this confiscated materials, as well as issuing warnings language has been restricted. about broadcasting ‘extremist’ information. Aspects of Ukrainian cultural and religious Even before the Russian annexation, Crimean identity have also been repressed in Crimea. As is Tatars have long struggled to achieve formal the case with Crimean Tatar flags, the display of status as an indigenous people. While Russia Ukrainian flags at events has led to interrogations, still does not recognize their claim, in March fines and prosecution for extremism. Activists 2014 the Ukrainian parliament finally adopted of the Ukrainian Cultural Centre have also been a resolution designating Crimean Tatars as arrested, fined and sentenced to community an indigenous people. However, Ukraine work. In February, the Museum of Ukrainian has subsequently failed to adopt the national Vyshivanka (traditional Ukrainian embroidery) legislation on indigenous peoples that was in Crimea was closed, and in March three people promised to Crimean Tatars. Even a draft

184 Europe State of the World’s Minorities State of the World’s Minorities Europe 185 and Indigenous Peoples 2016 and Indigenous Peoples 2016 LIBYA

LEBANON SYRIA

ISRAEL/OT/ Palestinian Authority

EGYPT JORDAN MiddleIRAQ Middle

KUWAIT Middle East andIRAN East and

SAUDI ARABIA BAHRAIN QATAR East and NorthU.A.E . North

OMAN AfricaYEMEN AfricaNorth Preti Taneja AfricaPreti Taneja ARABIAN SEA Miriam Puttick and Derek Verbakel vents in the Middle East during the year presidency, Sisi’s rule has itself been characterized support. In the village of al-Galaa, for example, Bahá’i and Jehovah’s Witnesses, are excluded. were again dominated by the militant by and widespread human rights after the reconstruction of a church was blocked Bahá’i still face difficulties when seeking E group Daesh, also known as Islamic abuses, including arbitrary arrests, torture and by local Muslims, the Coptic community was government-issued identification cards and are State in Iraq and al-Sham (ISIS). Despite losing forced disappearances, particularly of perceived forced amid rising sectarian tensions to agree frequently subjected to public vilification. In significant swathes of territory under its control supporters of the now outlawed Muslim to rebuild it without a bell or tower – a typical December 2014, a public workshop was held by in Iraq and Syria, ISIS nevertheless still controls Brotherhood. While Sisi has publicly stated his outcome of coercive reconciliation processes the Ministry of Religious Endowments to warn large areas and subjects millions of civilians to a commitment to combating religious extremism, backed by local authorities. In the same week, of the dangers of the spread of the Bahá’i faith in brutal rule of violence, threats and intimidation. throughout the year the government continued police raided the Saint Youssef al-Bar prayer Egypt. Minorities in particular, such as Christians, to restrict the beliefs and practices of many house near Maghagha, confiscating religious Though adherents of Islam, Shi’a Muslims Turkmen and Yezidis, have been targeted with minorities. Though military operations against paraphernalia and accusing occupants of praying in the Sunni-majority country are also human rights abuses including looting, house ISIS-affiliated insurgents in Sinai were escalated, in a property illegally without official permission. marginalized and face widespread hostility burning, torture, sexual assault and murder, in the risk of targeted violence against religious In Abu Qurqas, police abruptly arrived and shut for their beliefs. Their religious practices have the process displacing entire communities from minorities from other – a threat long down reconstruction on part of a village church. often been presented as a threat to national areas where they have lived for centuries. Besides pre-dating the recent rise of the extremist group These and other incidents have occurred despite security, leading to public vilification and official staged executions, such as the release in February – remains high. Sisi’s draconian policies have Article 235 of the 2014 Constitution requiring crackdowns – tendencies that continued in 2015. 2015 by the group of a filmed beheading of 21 done little to resolve the underlying problem the government to draft legislation regulating the On 22 October, for example, the Ministry of Egyptian in Libya, ISIS has also attracted of inter‑communal conflict and have arguably building and renovating of churches to ensure Endowments announced the closure of Shi’a wide publicity for its destruction of ancient deepened divisions within Egyptian society. that Christians are free to practise their religious mosques to prevent Ashura celebrations. Despite heritage sites such as significant parts of United This lack of progress is reflected in the rituals. For his part, in a speech in January 2016, being deemed a legitimate branch of Islam in Nations Educational, Scientific and Cultural situation of Egypt’s sizeable Coptic Christian Sisi lamented the failure of authorities to repair 1959 by Al-Azhar, the country’s most powerful Organization (UNESCO)-listed . minority, long victims of discrimination and Coptic properties damaged in violent episodes religious institution, Egypt’s current religious However, this is only part of a much broader persecution, who to some extent have benefited during 2013, promising that ‘by next year there establishment considers Shi’a rituals to be in assault on churches, mosques and shrines from recent political reforms under Sisi. For won’t be a single church or house that is not violation of the tenets of Islam. In November, belonging to religious and ethnic minorities that example, Egypt’s national elections in October restored’ – a claim met with scepticism for instance, the Grand Imam of Al-Azhar used continued throughout 2015 saw Coptic Christians win 36 parliamentary by many. a weekly television appearance to implore his the year. seats, 6 per cent of the total – an unprecedented Copts, their properties and places of worship audience to beware of Shi’a proselytizers. Nevertheless, the challenges facing minorities achievement that represents an important also remain vulnerable to violent attacks. In Egypt’s Jewish community, long marginalized, and the survival of their rich cultural traditions milestone for the community. This has been January 2015, Orthodox, Catholic and Protestant faced a further setback when an annual Jewish are not confined to areas controlled by ISIS, accompanied by Sisi’s apparent efforts to engage leaders in Minya were forced to cancel Christmas festival planned for 9–10 January was cancelled nor are they wholly new. Indeed, the recent the Coptic church leadership, highlighted by his celebrations after two policemen were gunned due to a ruling by the Administrative rise of violent extremism has been driven in historic attendance of Coptic Christmas Eve mass down while guarding a Coptic church. Later, Court. Though previously called off in 2012 part by longer-term factors, such as official in January 2015 – the first time a head of state during Holy Week in April, Easter celebrations and regularly opposed by locals, the event discrimination, legal impunity and even state-led has done so – as well as his offering of personal were accompanied by heightened sectarian commemorated the birthday of the prominent persecution that are evident in many countries condolences to Pope Tawadros II in February violence in . Copts, their nineteenth-century Rabbi Abu Hasira and across the region. Religious, ethnic and linguistic after 21 Egyptian Copts were killed by ISIS churches and homes in Nasreya were left poorly attracted hundreds of Jews, including many minorities have frequently faced restrictions militants in Libya. Yet despite these conciliatory protected by security personnel – a common from Israel, to visit his tomb. The Court’s ruling on their ability to worship, to engage freely gestures, Coptic Egyptians remain marginalized occurrence – when attacked by angry villagers deemed the festival contradictory to Islamic in cultural practices or even speak their native by state institutions and face ongoing risks of after a Coptic teacher and students were accused traditions and a violation of public order. tongue – all symptoms of a wider climate of sectarian violence. of insulting Islam after a video was circulated Located in the Delta village of Damanhour intolerance that threatens the region’s rich One area where the state has failed in its in which they reportedly ridiculed ISIS. Many and added to Egypt’s antiquities records by the diversity. protection of the community is the continued attacks against the community are enabled by Minister of Culture in 2001, the tomb was barriers to constructing houses of worship the failure of security forces to provide adequate ordered to be struck from the list, obliging the Egypt for non-Muslims, a legacy of Ottoman era protection. government to notify the UNESCO World Following the military‑backed ousting of former legislation. Particularly in Upper Egypt, this While Coptic Christians face these difficulties Heritage Committee as well. Other sites of President Mohamed Morsi in 2013 by General has long contributed to the targeting of Coptic despite their status as a recognized religion, other important Jewish heritage also struggle with Abdel Fattah el-Sisi, subsequent elections in congregations and their religious practices. While minorities lack even legal recognition. Article 64 dereliction or disuse, with all of the estimated 2014 handed Sisi a landslide victory. While authorities have reportedly objected less to church of the 2014 Constitution, like its predecessors, 12 synagogues in and Alexandria now he enjoyed support among many Egyptians, construction and renovations since Sisi took guarantees freedom of religion only to the three reportedly closed or falling into disrepair due including minorities, following the suppression of power, the community has still faced tremendous ‘Abrahamic faiths’ – Christianity, Islam and to lack of funds. The disappearance of Egypt’s religious freedoms and civil rights during Morsi’s difficulties in securing official approval and Judaism – meaning that other groups, such as Jewish cultural heritage is all the more troubling

188 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 189 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa Left: Nubian women in Egypt. Katie Hunt. where, as descendants of one of the world’s oldest civilizations, fishing and farming had long been for the fact that this once sizeable religious fundamental to their culture. Since displacement, community, comprising as many as 80,000 in the the ‘right to return’ has remained their late 1940s, now reportedly numbers only seven cardinal demand, coupled with calls to combat people, the majority elderly women. unemployment and improve deteriorating Blasphemy accusations and related attacks services. Abdel Sabour has stated he will push remain a serious problem for Egypt’s religious for the implementation of Articles 47 and 50 of minorities, particularly Copts and Shi’a. the 2014 Constitution, which affirm the state’s Following 15 similar blasphemy cases earlier in commitment to preserve the cultural identities the year for insulting Islam – a crime under the and heritage of different groups. Egyptian Penal Code outlawing ridicule of the three Abrahamic faiths – in July, three Coptic Iraq men were arrested for distributing bags of dates The situation of Iraq’s minorities remained bleak containing messages proclaiming their ‘Lord’s’ throughout 2015 as fighting continued between beneficence. Earlier, in a village at the the Iraqi government and allied forces, ISIS, end of May, a Coptic man was accused of posting and the Kurdish . While minorities cartoons offensive to the Prophet Muhammad have long suffered discrimination and the threat on Facebook, resulting in more than ten Coptic of targeted attacks, particularly since 2003, homes being attacked with rocks and Molotov the rise of ISIS in 2014 has led to a dramatic cocktails and the eventual forcible displacement deterioration in their situation. After the armed of Coptic families from the village. In May a group’s capture of in June 2014 and Shi’a dentist from Daqahlia governorate received subsequent expansion into Tel Afar, Sinjar and a six-month prison sentence for contempt of the Ninewa Plains, entire minority populations religion after authorities found in his home books were expelled from their historical homelands. and other items supposedly used to perform Shi’a In addition, minorities have been targeted for religious rituals. A week later, Shi’a cleric Taher egregious human rights violations, including al-Hashimy was arrested following a raid on his summary executions, kidnapping, rape, sexual apartment where books and other items were slavery and . Large numbers of confiscated by security forces. An atheist student Iraq’s religious minorities, including Armenian was also given a three-year prison sentence in and Chaldo-Assyrian Christians, Bahá’i, Kaka’i, January for ‘belittl[ing] the divine’ through Sabean Mandaeans, Shabak, Turkmen and Facebook postings, an increasingly perilous Yezidis, remained displaced from their homes at activity. year’s end, living in either the , Ethnic minorities also shared in a struggle the southern and central Iraqi governorates, or for greater social acceptance and political outside of the country. representation. For Egypt’s Nubian community, In March 2015, a report released by the UN the October parliamentary elections carried found that ISIS violations perpetrated against particular significance. Due to a reconfiguration Yezidis may amount to crimes of genocide, as of decades-old electoral constituencies three certain acts, including killings and the forcible months prior, New Nubia was assigned its own transfer of members of the community, appear to parliamentary seat, which in October was won have represented attempts to destroy the Yezidi by Yassine Abdel Sabour, the first Nubian MP minority. Mass graves containing the corpses in Egypt’s new parliament. While viewed as a of Yezidi men and women were discovered positive step, many Nubians expressed scepticism throughout the year. In the month of November as to whether the most urgent issues facing 2015 alone, at least six mass graves were the community would be addressed. During discovered in Sinjar after the area was retaken the construction of the High Dam in from ISIS control, one of which contained more the 1960s, the government forcibly relocated than 120 bodies. At year’s end, activists estimated Egyptian Nubians from their ancestral homeland the number of Yezidis still missing or in ISIS

190 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 191 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa Left: Representatives of the Yezidis in Iraq pressure to assimilate into or make a plea for support during a meeting with support the political aims of the Kurdish parties. European Parliament President Martin Schulz Assyrian Christians have also long complained in April 2015. European Union 2015 – European of Kurdish restrictions on their political and Parliament. cultural activities. In the southern governorates, too, Shabak have reported being prevented from Another devastating aspect of the conflict for taking part in religious rituals which they share minorities has been the systematic destruction with Shi’a Muslims. of symbols of their cultural, intellectual and Human rights groups now report that many religious heritage, part of the ISIS strategy to minorities are resorting to emigration outside of eliminate all remnants of diversity in the areas Iraq as a permanent solution. Despite the fact they control. Since the group’s takeover of Mosul that many areas that are home to minorities, in 2014, it has destroyed innumerable churches, such as Sinjar, have been recaptured from ISIS mosques, shrines, graves and other religious control, the numbers of minorities returning to and cultural sites. Throughout 2015, reports their homes has remained modest. The reality continued to emerge of the group looting and of displacement could pose a threat to the destroying mosques and churches in Mosul, in future vitality of certain minority languages and addition to numerous Kaka’i, Shabak and Yezidi cultures, especially those with a smaller number shrines in Sinjar and the Ninewa Plains. After of adherents. For example, rights groups have destroying an estimated 90 artifects from Mosul warned that the Sabean Mandaean culture is at Museum in February, most of them linked to the risk of extinction due to the mass emigration of Assyrian civilization, in March the group sparked community members, including religious leaders, international outrage and condemnation from and the difficulty of keeping religious rituals alive captivity to be between 3,500 and 4,000. While Representatives of the Turkmen community the UN when it proceeded to destroy the ancient in host countries outside of Iraq. As more and male Yezidi children have been forced to convert reported hundreds of kidnappings of men and city of and the historical Assyrian capital more areas are recaptured from ISIS control, it to Islam, indoctrinated in ISIS ideology and women by ISIS during the year, as well as a of Nimrud. On 15 July, the group reportedly remains to be seen whether the Iraqi and Kurdish trained to become fighters for the group, Yezidi massacre of Turkmen civilians in Mosul in ordered staff at the University of Mosul to governments will commit to addressing these women kidnapped by ISIS have been forced to August. burn more than a thousand Master’s and PhD grievances and making minorities full partners in convert to Islam and marry ISIS fighters, while The proliferation of Shi’a militias and other dissertations authored by Christian, Shabak and building a more inclusive political order. others have been sold or given away as sex slaves, paramilitary groups opposed to ISIS has itself Yezidi students. both in Iraq and Syria. ISIS has also targeted contributed to deepening sectarianism. During These systematic attempts to destroy Iraq’s Israel/Palestine other minority women for kidnapping and sexual the month of May, reports emerged that Shi’a diverse religious culture have had a deep Minorities in Israel and Palestine experienced violence, including Christian and Shi’a women, militias had set up checkpoints in Diyala and psychological impact on its minorities and continued hardship during 2015. Ahead of albeit in smaller numbers. For example, on 13 were harassing and assaulting Kurdish drivers affected their perceptions of the possibility Israel’s elections on 17 March subsequently March, ISIS reportedly killed nine Turkmen Shi’a and passengers, culminating in the killing of of rebuilding a future in Iraq. For some won by Benjamin Netanyahu and his right- women after they refused to marry ISIS fighters. three Kurdish drivers. The Turkmen community communities, the ISIS campaign is only wing Likud Party, Netanyahu issued a much On several occasions, ISIS retaliated against reported violations after an attack by the Kurdish the latest wave in a long history of forcible publicized warning that ‘Arab voters are coming minorities for engaging in cultural or religious Peshmerga on the city of , displacement and assimilatory cultural policies: out in droves to the polls’. This reflected a practices deemed inconsistent with their including burning and looting of Shi’a Turkmen- for example, under decades of Ba’athist rule, broader atmosphere of racist incitement against puritanical ideology. For example, on 21 March owned shops and the removal of Shi’a mourning non-Arab minorities, especially Kurds but also that played a critical part in the the armed group abducted 56 Kurdish men flags and banners. According to Human Rights Assyrian Christians, Kaka’i and Yezidis, were election’s outcome. Nevertheless, the election for participating in celebrations of Nawroz, the Watch, the situation in Tuz Khurmatu worsened either forced to identify as Arabs or expelled was unprecedented in the inclusion of a major Kurdish New Year, demanding ransom payments after a car bombing in October, with clashes from their lands, while hundreds of their Palestinian party. Following a January Supreme for their release. On 15 April, ISIS killed two between armed groups drawing in civilians villages were systematically destroyed. Those Court ruling raising the minimum electoral Yezidi men in Mosul for exchanging greetings to on all sides. Attacks such as these are not displaced within Iraq and the Kurdish region threshold for parties to enter the Knesset, mark the Yezidi New Year. ISIS also undertook isolated incidents. Turkmen leaders have long also face multiple challenges to preserving their Palestinian citizens of Israel integrated their a systematic assault on other religious minorities complained of aggression from both the Iraqi identity. For example, many minority families four main political parties into a Joint List during the year. The UN documented at least and Kurdish authorities in Turkmen-majority now living in the Kurdish region are unable with a common platform in order to achieve 31 houses owned by Christians and destroyed areas, motivated by their desire to extend their to send their children to schools because of political representation. While, encouragingly, by ISIS in the Mosul area from May to October. control over those areas. the language barrier and also reportedly face their political concerns gained significance in

192 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 193 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa for us to buy in our names.’ Furthermore, discourse surrounding the election, the Court’s arrivals of Jews to pray there. Sovereignty over Case study by Joana Dabaj the Orthodox Church is largely dependent ruling also effectively forced the abandonment of the religious site, known as the Temple Mount financially on personal donations, and in some their participation through multiple parties with in Judaism, is fiercely contested and of immense areas this source of revenue is increasingly under diverse and agendas. Furthermore, cultural importance to both Jews and Muslims. The struggle threat. The lack of fixed legal status for many though Palestinian citizens of Israel exercised The Israeli government responded to the unrest Christians in the Gulf, such as migrant workers, voting rights, Palestinians living under Israeli rule by placing restrictions on Muslim access to the of Christian reinforces the feeling of being a even in the occupied territories – unlike Israeli settlers mosque, including a ban on men under the in one’s country of residence. ‘Everyone’, says living in their midst – remained without the age of 45 who wish to pray there on Friday – communities in the Hazim, ‘feels they are in a transitory state and right to vote. The grassroots ‘Real Democracy’ a decision strongly criticized in a resolution may have to move on at any moment.’ campaign, however, gave small numbers of adopted by UNESCO’s board. Middle East: an Despite the significant cultural contribution Palestinians in the occupied territories the ability Violence subsequently spread throughout Israel Christians have made in the region, Hazim to vote through volunteer Israeli proxies. and the occupied territories, with widespread interview with Bishop now sees the Christian presence under threat In November, steps were taken by Prime confrontations between Israeli security forces as external migration, much of it forced, has Minister Netanyahu to use legislation to erode and Palestinians, particularly in East Ghattas Hazim increased. ‘We feel there is a project to empty the rights of non-Jewish minorities in Israel by and around Hebron. Near-daily attacks on the Middle East of Christian people,’ he advancing the ‘Nation-State’ bill, which defines Israeli security personnel and civilians took says, arguing that certain groups are actively Israel as ‘the nation-state of the Jewish people’, place, primarily in the form of stone throwing Ghattas Hazim, Greek Orthodox Metropolitan attempting to trigger population movements. not of its citizens, of whom around one-fifth are and stabbings, while systemic violence against of Baghdad, and their dependencies, To halt this, governments in the region must non-Jewish Palestinians. Similar ethno-nationalist Palestinians intensified, with an estimated plays an important role in supporting Christian first of all support the agreement of a ceasefire concerns appeared to guide other official policies 4,192 Palestinians – an average of 69 every communities across the Persian Gulf (also known in Syria to halt the violence. Providing adequate during the year, such as a parliamentary vote in day – shot by Israeli security forces from 1 as the Arabian Gulf). Extending across Iraq, humanitarian assistance to those displaced June to extend a law that enables the government October to 30 November. The same period Kuwait, and Saudi Arabia, the Orthodox by conflict is also essential in ensuring their to refuse granting Israeli citizenship or residency saw 17 Israeli and 102 Palestinian fatalities. presence was originally established in 1961. survival and the eventual possibility of return. status to Palestinians who are married to Israelis. Human rights organizations raised concerns Today, however, the difficulties facing Christians ‘The current situation of families who fled In December, reports also emerged that the about attacks on Israeli civilians by Palestinians in the region are increasingly acute, even in areas their homes – our responsibility lies with Education Ministry had banned a novel featuring and excessive use of force by Israeli military and where they have long lived in relative stability. providing them with shelter, food, water and an Arab–Jewish romance from being used in police, condemning repressive police acts and Hazim’s own home city of Mhardeh in northern medication. The needs are very high and we high schools on the basis that it threatened ‘the extra-judicial killings. Amid ongoing tensions, Syria, where for centuries tens of thousands of need to mobilize all organizations, NGOs identity and heritage of students in every sector.’ celebrations in Bethlehem, a cherished centre of Christians resided, is now at the centre of the [non-governmental organizations] and CBOs While Palestinians in Israel with recognized cultural heritage for Palestinian Christians, were . [community groups] to join these efforts.’ citizenship are still subjected to wide ranging marred by clashes on Christmas Day between Supporting the existence of Christian While forced migration is displacing whole discrimination in housing, social welfare, Israeli security and local youths. minorities in the Gulf region is no easy task, communities, the physical destruction of education, criminal justice and other areas of Throughout the year, numerous attacks against particularly with the rise of militant groups such churches, monasteries and shrines by extremists their lives, the difficulties facing Palestinians Muslim and Christian holy sites were perpetrated as ISIS. According to the Bishop, more than 90 is destroying evidence of their long history without Israeli citizenship in the Gaza Strip by extremists in Israel and so-called ‘price tag’ per cent of Orthodox Christians in Iraq have been in these countries. From Mosul and Nineva and the are even more acute – incidents – acts of violence or arson perpetrated displaced, leaving a much reduced community to in Iraq to Aleppo and in Syria, dispossession of land, restricted movement, by youths in the occupied territories. maintain their historic presence and rich cultural the devastation of their unique Christian prosecution by military courts and above all In February, for instance, a Greek Orthodox traditions in the country. But the pressures facing heritage is designed to permanently erase the the pervasive threat of violence from security seminary was set ablaze in Jerusalem, a day after Christian communities in Iraq are echoed in other identities of these communities. As Hazim personnel or ultra-nationalist settlers. This was a similar attack on a mosque near Bethlehem. countries too, and the recent rise of extremism is highlights, the speed and scale of this assault underlined by the death in July of 18-month old In June, another fire left a church in the Galilee not the only challenge they face. means that Christians, like other threatened Ali Dawabsha, who was murdered along with region containing fifth-century mosaics in ruins. In Iraq, the Orthodox Church is allowed to religious minorities in the region, need the full three family members in a firebomb attack on Olive trees, an important symbol of Palestinian own land, but in other Gulf countries it is denied support of governments and the international their home by settlers. resilience and rootedness to the land as well as a property rights and its presence is dependent communities. ‘What is needed,’ he concludes, A rise in violence between Israelis and vital source of livelihood, have also been targeted. on the continued allowance of the state. As ‘is far greater than what we could ever provide.’ Palestinians was sparked in Jerusalem on the eve In January alone, settlers reportedly uprooted or Hazim highlights, ‘Our churches in the Gulf This article is based on an interview with Bishop of the Jewish New Year, Rosh Hashanah, in mid vandalized around 5,600 trees in the West Bank, are not owned by us. As a result we are at the Ghattas Hazim, conducted in January 2016 and September when Israeli security forces entered representing 60 per cent of those attacked during mercy of the landlord, since there are no rights translated from Arabic to English. ■ the Al-Aqsa Mosque compound and clashed the whole of 2014, and eventually capped the with Palestinian youths protesting increased year by destroying 50 olive trees near Nablus.

194 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 195 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa While these and other incidents pose a direct Palestinian land, restricting access to holy sites and rights situation, as armed groups carried out have already been numerous reports of attacks on threat to the survival of Palestinian heritage in threatening the very existence of affected villages. violations including kidnappings, arbitrary Sufi shrines, graves, and celebrations since 2011. the area, Palestinian cultural life remains vibrant. Also in the West Bank, Bedouin continuously detentions, torture and unlawful executions with On 23 April 2015, militants bombed the ancient In 2015, Gaza held its first ever film festival. faced pressure by authorities pushing them impunity. With the signing of an agreement Al-Quds mosque in , a mosque frequented Focusing on human rights, it took place in the off their ancestral land in Area C, where Israel between the two ruling factions in December by Sufis. Shujaiyya neighbourhood, which remained retains exclusive control over security, planning 2015 to establish a unity government, Libya’s Black migrants and Libyans alike have also badly damaged by heavy fighting and Israeli and construction, while communities inside future stability hinges upon the new government’s been targeted by rebels due to the perception bombardment during the summer of 2014. Israel also continued to face home demolitions ability to establish an inclusive and functional that they fought on Gaddafi’s side in the The Arabic language, spoken by Palestinians and dispossession of their traditional semi- political system. This includes taking measures uprising, based on claims that he used African and many Mizrahim (Jews originating from the nomadic lifestyle, particularly in Naqab/Negev to end legacies of exclusion and discrimination during the conflict. Following the Middle East and North Africa), has remained desert villages ‘unrecognized’ by Israel as legal. A against Libya’s minority groups. stationing of government forces in the town of intrinsic to the culture and identity of both significant Supreme Court ruling in May denied The state of prolonged conflict afflicting Tawergha in 2011, rebel forces retaliated against groups. Since the state’s founding in 1948, Bedouin indigenous land rights, solidifying Libya has allowed extremist groups, including the town, forcing more than 30,000 residents Arab – including Jewish-Arab – culture and legal justification for future expropriation of militias loyal to ISIS, to carve out an increasing to flee and leaving it a ghost town. Ever since, music has been widely censured and suppressed Palestinian land within Israel and the West presence in parts of the country. This has created the majority of Tawerghans have been forced in Israeli society, but for the first time ever, in Bank. By failing to acknowledge the distinct a dangerous situation for religious minorities to live in displacement camps scattered across summer 2015, a Mizrahi Arabic-language song historical and cultural heritage of the Bedouin, living in the country. On 15 February 2015, the country, and face ongoing harassment. The topped the music charts in Israel. While more the court failed to recognize the Al-Uqbi family’s a video released by an ISIS-affiliated group – UN documented multiple cases of abduction of and more young Arab Jews are now exploring ownership of a large plot of land including the depicting the massacre of 21 Coptic Christians, Tawerghan internally displaced people (IDPs) their cultural heritage, Mizrahi culture remains ‘unrecognized’ village of Al-Araqib, bulldozed mostly Egyptian nationals, on a beach on Libya’s in March and April 2015 after their identities widely denigrated, as evidenced before the for the 92nd time by the end of 2015. Earlier, in northern coast – sent shockwaves through the were discovered at checkpoints. In March, eight March election when openly racist remarks May, the Israeli Supreme Court also approved a region. An estimated 800,000–900,000 Egyptian civilians were reportedly killed when Libyan were made about the community by several state plan to demolish the ‘unrecognized’ village nationals were working in Libya at the time, but warplanes bombed a Tawerghan IDP camp. prominent Ashkenazi (Jews originating from Umm al-Hieran, to evict its residents and in its numerous reports of kidnapping of Egyptian However, in a positive development at the Central or ) leftists. The erasure place build a new Jewish town, and at the end Copts in late 2014 and early 2015 began to end of the year, the –Tawergha Joint of Palestinian cultural heritage continued of November the government approved a plan create a climate of fear. News of the February Committee adopted a Road Map Document with the removal of Arabic from street signs for five new settlements that threaten to displace massacre caused at least 33,000 Egyptians providing for the reconstruction of Tawergha in Be’er al-Sabe/Be’er Sheva, home to tens of thousands more Bedouin. However, in early to return home and prompted the Egyptian and the voluntary return of its residents to their thousands of Palestinian citizens of Israel, and 2016, when the government declared intentions government to launch retaliatory airstrikes. homes. Nevertheless, at the time of writing in East Jerusalem where, as tensions mounted in to develop a town over the ruins of a depopulated On 19 April 2015, another video was released concrete progress on the principles outlined in October, the city council approved new Hebrew Palestinian village, members of Israel’s showing the beheadings and shooting of 28 the document had yet to be seen. street names as part of ongoing efforts to assert community, intended to be the new inhabitants Ethiopian and Eritrean Christians. On 3 June Amid the upheaval that has characterized control over Palestinian neighbourhoods. and having themselves historically faced state 2015, a further 86 Eritrean Christians were Libya’s tumultuous transition, the country’s Further efforts to dislocate Palestinians from confiscation of land, widely rejected the proposal. kidnapped south of Tripoli. Their whereabouts main ethnic minorities have become more active their land came in various forms. Protection and are still unknown. Incidents such as these and begun to assert an independent voice after relative impunity granted to settlers by Israeli Libya illustrate the heightened vulnerability faced by decades of marginalization under the Gaddafi authorities alongside continuous settlement Several years after the 2011 uprising that toppled sub-Saharan African migrants in Libya, who regime. This includes Tuaregs, who are nomadic expansion – over 900 new settlement housing former dictator Muammar Al-Gaddafi, Libya’s can be easily targeted by militias due to their pastoralist tribes living along Libya’s western units were approved in July – means destruction political landscape remains fractured. The power ethnicity, undocumented status or religion. border, and black African Tebu tribes inhabiting and expropriation of Palestinian property is set vacuum that emerged after the fall of Gaddafi Amnesty International has documented southern Libya. Nevertheless, relations between to continue. A rare victory was won in January, has led to the proliferation of armed groups, widespread abuses against migrants, asylum- minorities have at times turned violent. In the however, when the High Court of Justice each fighting for pockets of control across the seekers and refugees in Libya, ranging from southern town of Awbari, where Tuareg and Tebu indefinitely halted construction of a section of country. Conflict escalated into open warfare in threats, physical assaults and theft to abduction, live side by side, conflict that began in September Israel’s separation barrier through the ancient mid 2014 and led to the establishment of two torture and killing. Female migrants are 2014 culminated in the displacement of 18,500 agricultural terraces of the UNESCO-recognized rival governments in Tobruk and Tripoli, the particularly prone to sexual exploitation. people, most of whom were women, children West Bank village of Battir. The barrier has more former with international recognition and backed There are fears that the increased presence and the elderly. The conflict has been driven by broadly harmed Palestinian cultural rights and by armed militias under the ‘Operation Dignity’ of ISIS-affiliated groups in Libya could lead disputes between Tebu and Tuareg militias, who heritage by not only isolating and in some cases alliance, and the latter backed by ‘Libya Dawn’ to attacks on historical and religious sites, in overlap in Awbari, over oil and water resources, damaging archaeological sites as well as the natural militias. The continuation of fighting throughout attempts to emulate the campaign of destruction as well as control of the lucrative smuggling trade environment, but also by annexing large swathes of 2015 saw a further deterioration of the human unleashed by the group in Iraq and Syria. There in arms, drugs and migrants. In July, a week of

196 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 197 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa clashes between Tuareg and Tebu in the town with the government or the opposition. The Christian villages along the Khabour River in the Case study by Miriam Puttick of Sebha left over 40 people dead. According to increased involvement of international actors north-eastern Al-Hasakah governorate. According the Internal Displacement Monitoring Centre in Syria, including Saudi Arabia and Iran, has to Assyrian news outlets, the armed group (IDMC), there are also 4,800 IDPs in protracted further amplified these tensions. The launching kidnapped 253 Assyrians, including many women Increasing displacement who have been unable to return of Russian airstrikes in support of the Assad and children, caused an estimated 3,000 to flee to their homes since the January 2014 clashes government, a key development in 2015, has also the area and destroyed 11 churches. Although recognition for between the Tebu and Awlad Suleiman tribe, led to shockingly high civilian casualty levels, the villages were subsequently recaptured from who may have been re-displaced during the leading rights groups to criticize Russia’s apparent ISIS, very few Assyrian Christians returned. On Libya’s Imazhigen renewed conflict. Although a ceasefire negotiated targeting of residential areas in which no military 23 September, ISIS released a video showing with the help of Qatar in November promises targets were present. Turkmen community the execution of three Assyrian Christian men to end fighting and provide for the return of representatives also accused Russia of targeting kidnapped in February. As of December 2015, While Libya’s fledgling democracy has struggled displaced people to Awbari, sporadic clashes have Turkmen civilians in an attempt to ethnically 105 still remained in captivity. On 6 August, to establish a stable transition from Gaddafi’s continued to erupt. cleanse their community from the north-west of ISIS captured the town of Qaryatain, near , dictatorship, there have nevertheless been some the country. kidnapping at least 230 civilians, including positive developments for the country’s minority Syria Minorities have been caught in the middle dozens of Assyrian Christians. ISIS later released and indigenous communities, specifically in Syria’s diverse ethnic and religious minorities of this sectarian climate and their loyalties a charter for the town’s Christian inhabitants, terms of securing recognition of their distinct include , Christians, Druze, Ismailis, are divided. While many have sided with the imposing jizya (tribute) payments and restricting cultural identity and language rights. This is Kurds, Turkmen, Shi’a and Yezidis. Assad government, viewing it as the only viable their rights to religious expression. particularly the case for the Imazighen (; Since the outbreak of armed conflict in 2011, guarantor of their security, other members Anti-government armed groups have reserved singular Amazigh), long marginalized under the Syria’s minorities have suffered alongside the of minorities have been vocal members of some of their most vicious treatment for Gaddafi regime. For decades, the existence of majority Sunni Muslim population from the opposition. Minority activists have been Alawites and other Shi’a minorities, due to their the Imazighen as a distinct indigenous group spiralling violence and the humanitarian crisis arbitrarily arrested, detained incommunicado and perceived association with the Assad government. was denied: the Tamazight language could caused by the war. While government forces tortured in Assad’s alongside their Sunni Towards the end of March, Jabhat Al-Nusra and not be taught in schools, children could not have deliberately and indiscriminately targeted Muslim counterparts. Some minority detainees Free forces took control of Busra be registered with non-Arab names and books densely populated areas, leading to devastating have reported being subjected to particularly Al-Sham in Daraa governorate. Killings and written in Tamazight were destroyed. civilian death tolls and the destruction of vital harsh treatment by interrogators on account of kidnappings of Shi’a civilians were documented Since the fall of Gaddafi, bolstered by infrastructure including hospitals and schools, their identity, in addition to religious and ethnic in the previous months, while Shi’a married to Amazigh activism, there has been a revival in use armed groups fighting against the government slurs. Sunnis were threatened with death or sexual of the language as schools offering Tamazight have also targeted civilians and obstructed Since 2014, the rising power of extremist violence once the town fell. On 31 March, lessons have been established, language textbooks humanitarian aid flows. Hundreds of civilians armed groups and their expansion into ISIS attacked Mabouja in governorate, have been printed and Tamazight media outlets have also been killed or injured in international increasingly large swathes of the country has a town with a large Ismaili population, killing have flourished. A law passed in 2013 recognized coalition airstrikes against ISIS. As of October meant that minorities are increasingly prone to an estimated 46 civilians and abducting 50 the Tamazight, Tuareg and Tebu languages 2015, more than 250,000 people had been grave human rights violations from militants. others, including 10 Ismailis. In April, Jabhat and upheld the right of minorities to receive killed in the conflict, of which nearly half were Groups such as ISIS and Jabhat Al-Nusra Al-Nusra and other armed groups attacked the education in their mother tongue as a voluntary civilians. Over 4 million Syrians have been made have imposed a reign of terror on minorities predominantly Alawite village of Ishtabraq in option. In August 2015, the first democratic refugees, while a further 7.5 million are internally in the areas they control, suppressing freedom Idlib Governorate, killing civilians as they fled elections for the Amazigh Supreme Council were displaced. of religion and singling them out for attack, and blowing up Alawite shrines. After capturing held, and a body formed equally of men and Targeted attacks against minorities were not while imposing harsh punishments on all those the city of Deir Ez-Zour in May, ISIS carried women was created. a central part of the conflict in its early stages, who oppose their control. Moreover, they have out public executions of Alawite and Shi’a men The challenge of Amazigh leaders remains although certain minorities may have been systematically destroyed innumerable historical accused of fighting for the government. securing recognition for their rights at the more exposed to violence. For example, due and religious sites in an attempt to destroy all Syria’s Druze population, concentrated in the national and societal level, including by ensuring to their concentration in urban centres such as traces of minority cultural heritage. southern governorate of Suweida as well as Idlib, that the future Constitution includes Tamazight Aleppo, Damascus and Homs, which have been Syria’s Christians have faced kidnappings of has largely avoided openly taking sides in the as an official language. Imazighen have the scene of intense fighting, a large number of their religious leaders throughout the conflict, conflict. Most have been reluctant to enlist in already boycotted the Constitutional Drafting Syria’s Christians have fled the country. However, while some of their towns have been consumed Assad’s army, fearing they would be sent to fight Committee, followed recently by Tuaregs and many argue that the actions of the government by fighting between government and anti- on distant battlefronts and risk creating tensions Tebu, due to what they see as the assembly’s led by President Bashar Al-Assad escalated the government forces. The advance of ISIS into with their Sunni neighbours. The community’s exclusionary approach and lack of commitment sectarian dimensions of the conflict, leading to further Christian-majority areas in 2015 led to increasingly vocal resistance to to minority rights. ■ indiscriminate attacks against civilians on the an upsurge in kidnappings and other violations. throughout 2015 has left it at loggerheads with basis of their identity and perceived association On 23 February, ISIS attacked 35 Assyrian the government, while opening it to attack by

198 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 199 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa anti-government armed groups. On 10 June, supermarkets. In turn, the children of these extended blockade that prevented essential Jabhat Al-Nusra fighters killed 30 Druze in Case study by Kat Eghdamian families face bullying at school and compulsory food, medicine and fuel supplies from entering the village of Qalba Loza, Idlib governorate. religious training in Islam, while women have the country. Amid widespread allegations Inhabitants of the village had previously faced reported being questioned by neighbours and of human rights abuses and violations of pressures by the armed group to renounce their Jordan: experiences other refugees as to why they are not veiled. international humanitarian law by all parties faith. Militants also destroyed shrines and dug up Despite initial hopes of return to their to the conflict, has been consumed by a Druze graves. of Syria’s Christian homeland, many now feel there is no home major humanitarian crisis. Between March and As in Iraq, the course of the conflict in Syria to return to. Syrian neighbourhoods that were the end of the year there were over 6,000 deaths has involved the widespread destruction of and Druze refugees previously well known as Christian havens and 28,000 injuries, with more than 2.5 million places of worship and other sites of cultural or clusters for Druze communities have people internally displaced and an estimated 21.2 heritage. While the demolition of large sections either been razed to the ground or remain million Yemenis – more than four-fifths of the of Palmyra, a UNESCO World Heritage Site, Of the more than 4 million Syrians battlegrounds between different sides of the population – in need of humanitarian assistance. by ISIS between May and October attracted internationally displaced by , little is conflict. From the castle of Krak des Chevaliers The Houthi movement, rooted in long- international condemnation, it was only part known about the fate of religious minorities in Homs to the ancient Saint Elian Monastery standing grievances about the perceived of a wider assault by militants on heritage that among the refugee population. This is of near Qaryatain founded over 1,500 years ago, socio-economic marginalization of Yemen’s has seen the destruction of countless places of growing concern since the Syrian conflict is many of the physical sites associated with underdeveloped north, is named after the worship, statues and other artifects associated increasingly being waged across sectarian lines, ancient Christianity are being destroyed. In late Hussein Al Houthi, a former member of with religious minorities. These have also directly influencing the experiences of displaced this context, the importance of maintaining parliament who subsequently led the insurgency provided the group with an important source of Syrians both within and outside its borders. Due religious freedom and cultural heritage is more against the government at the beginning of revenue, with some reports suggesting that illegal to the lack of reliable figures on the number important than ever, with minority refugees what became known as the Saada war before trade in antiquities was the second-largest source of Syrian refugees from different religious playing a vital role as carriers and preservers of his death in 2004. While conflict has been of finance for ISIS after oil, reaching volumes communities, it is unclear exactly how many their traditions. ongoing, the group’s activities escalated in 2011 of over US$100 million a year. Nevertheless, religious minorities have been displaced by the Although religious communities, such as and in ensuing years forces gained control over despite the notoriety ISIS has created through conflict, though unofficial estimates based on churches, offer extra support and help to large swathes of the country. While the Houthi these acts, the Syrian Network for Human the country’s pre-conflict population equates to these refugees, many express despair about rebellion has presented its grievances as primarily Rights reported during the year that government hundreds of thousands of people. their plight in Jordan and the prospects for political rather than religious, the fact that the forces were in fact responsible for the majority A recent study, published by the UCL the future. Recognizing the need to maintain large majority of its members are Zaidi Shi’a, of attacks on houses of worship. By the end Migration Unit, on the situation of Syrian their culture, local religious communities are fighting against a Sunni-dominated government, of April 2015, of the 63 targeted churches Christian and Syrian Druze refugees living in offering language and culture classes for Syrian has meant the conflict has taken on increasingly documented by the monitoring group, 40 were urban centres across Jordan found that religious Christian refugees – a great source of support sectarian dimensions. This has been exacerbated attacked by government forces compared to 14 minorities face specific vulnerabilities and and familiarity. However, for Syrian Druze by the military involvement of Saudi Arabia, and by ISIS, Jabhat al-Nusra and other extremist challenges in displacement. For instance, out of refugees, there appear to be few or no religious its hostility towards Iran. As a result, in areas organizations, as well as another 14 by armed fear of targeted attacks, many are not entering or cultural support networks directly available. such as Sana’a where different Muslim groups opposition groups. Moreover, as early as June refugee camps or registering with UN agencies. Many also lamented the discrimination they previously coexisted with relatively little friction, 2013 the group recorded that government forces Instead, a large proportion choose to live in experienced in their host communities as sectarian tensions within communities have had already attacked 1,451 mosques, of which private homes or gather together in religious a result of misunderstandings about their reportedly become more common. 348 were completely destroyed. buildings such as monasteries, restricting their religious beliefs. The conflict has also resulted in the damage access to humanitarian services and protection. As Jordan continues to host over 600,000 and destruction of significant cultural sites and Yemen With rent prices rising with the influx of Syrian refugees, there is a need to ensure the heritage in Yemen, including those connected to Yemen’s conflict escalated further during 2015, refugees, many are forced to move to the divisions causing the displacement into the minority communities, such as the 1,200-year‑old with devastating consequences for its civilian peripheries of cities. country do not continue to brew discontent Al-Hadi mosque in Saada, the oldest Shi’a centre population. In the wake of significant advances For those who remain in Jordan and do and conflict within its borders. Targeted of learning on the Arabian Peninsula, which was during 2014 by rebel Houthi forces, culminating not make the journey onward to Europe strategies are urgently required to support struck by coalition airstrikes in May. In June the in the capture of the capital Sana’a in September, and elsewhere, many face social exclusion, tolerance and religious freedom among Director-General of UNESCO, Irina Bokova, President Abd-Rabbu Mansour Hadi resigned in stigmatization and discrimination. In refugee population. Indeed, the treatment condemned coalition airstrikes for repeatedly January 2015 before fleeing south in February particular, Syrian Christian and Syrian Druze of Syria’s religious minorities will have wider striking cultural heritage sites, and on 22 July to Aden. An international coalition led by refugees are regularly subjected to verbal and implications, beyond security concerns, for UNESCO announced an emergency plan to Saudi Arabia subsequently launched ‘Operation physical harassment, including being called the future of religious diversity and cultural safeguard the country’s unique cultural heritage Decisive Storm’ at the end of March in support kafir (infidel) and refused service at local heritage in the Middle East. ■ from damage caused by fighting, shelling and of Hadi, including aerial bombings and an bombing.

200 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 201 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa Left: Yemeni Jews. BBC World Service.

Anti-Israeli sentiment has also driven the persecution of Bahá’i, who number around 1,000 people in Yemen. On January 2015, a formal indictment was issued against Hamed Kamal bin Haydara, a Bahá’i Yemeni, accusing him of being an Iranian citizen working on behalf of the Israeli government – a common accusation levelled at members of the community due to the location of the Bahá’i World Centre in the cities of ‘Akká and Haifa in Israel. The charges come following more than a year in detention without trial following Haydara’s arrest in December 2013, during which he has reportedly been subjected to sustained torture by prison guards. Ethnic discrimination is also entrenched within Yemeni society. As the conflict has intensified, the situation of Yemen’s Muhamasheen – ‘marginalized ones’ in Arabic – has become even more precarious. A visible minority commonly believed to be of African descent and also known pejoratively as Akhdam (‘servants’), their lives have long been characterized by deep-seated poverty and exclusion. Having largely made their homes in shantytowns on the outskirts of urban centres, many Muhamasheen were concentrated Extremist groups such as Al Qaeda in the The conflict has also placed increasing pressure in the cities worst affected by the conflict. Aden, Arabian Peninsula (AQAP) and Islamic State (IS) on Yemen’s Jewish community. The ancient Saada and Taiz had especially large numbers of in Yemen have also exploited rising insecurity community, numbering as many as 50,000 in Muhamasheen, who became internally displaced to expand their influence in the south, where, the 1940s, has now shrunk to a few dozen, who when coalition airstrikes began pounding their alongside other acts of destruction, AQAP face widespread hostility from large sections of neighbourhoods in those cities in March and militants reportedly left the 800-year-old tomb Yemeni society, due in part to the conflation April. of Sufi scholar Sufyan bin Abdullah in Lahij in of the Jewish faith with . For many In the absence of access to tribal or other ruins. Mosques in Sana’a frequented by Houthi within the community, fears of attack have also informal networks of patronage, with the supporters were also targeted by IS bomb attacks intensified since the Houthi takeover. Due to deepening humanitarian crisis Muhamasheen throughout the year, including an attack on 20 fear of harassment, Jews have tended to conceal have struggled to access basic services or other March in which at least 137 people were killed in visible markers of their identity in public, such as support mechanisms. While the risk for all a series of coordinated attacks on Shi’a mosques sidelocks, and have been confined to practising civilians is high, the experience of displacement in the capital. This incident was followed by religious rituals in the privacy of their homes. for Muhamasheen has differed considerably from similar attacks throughout the year, including a The unique cultural traditions for which the that of other Yemenis, with community members suicide bombing in September that reportedly left community has historically been renowned in facing discrimination and in some cases even at least 25 people dead. In July IS also claimed Yemen and further afield, such as metalworking denial of access to aid distribution. Displaced responsibility for a car bomb in Sana’a striking and, in particular, the handcrafting of silver Muhamasheen have been forced to find shelter a Dawoodi Ismaili mosque, in reprisal for what jewellery, are close to disappearing. In this on open ground or in disused buildings. Activists the group claimed was Ismaili support for the context, many of those remaining now wish and community members have also reported Houthis. Similar incidents have occurred in the to leave the country. In March 2016, reports young girls being coerced into early marriages south of the country, including the demolition of emerged that the Israeli government had secretly to support their families, as well as the forcible an empty Catholic church in Aden by suspected airlifted 17 Yemeni Jews out of the country, recruitment of boys to fight for various armed militants in December. leaving just 50 community members in Yemen. groups. ■

202 Middle East and State of the World’s Minorities State of the World’s Minorities Middle East and 203 North Africa and Indigenous Peoples 2016 and Indigenous Peoples 2016 North Africa ver 20 years after the Rwandan Dadaab camp near the Somali border, the largest and Bosnian genocides, the Peoples refugee camp in the world with a population of O under Threat index demonstrates some 330,000, including a high proportion of both the improved capacity of the international Somalian minority Bantu. community to predict mass killing and its The international failure to address these inability to prevent it. Meanwhile, those facing situations makes further mass population ethnic, religious or political persecution in movements inevitable. Meanwhile, the situation their home countries are acting with their feet. in the two most significant refugee embarkation The United Nations (UN) refugee agency’s points for Europe, Libya and Turkey, is rapidly ‘population of concern’, which includes refugees, deteriorating. asylum-seekers and internally displaced persons The Middle East and Africa again dominate (IDPs), rose to nearly 60 million last year, having the list of states that have risen most prominently tripled in the past decade. in the table this year, but the spread of peoples The Peoples under Threat index identifies under threat is expanding, both as the conflicts those country situations around the world where involving Boko Haram and Islamic State of Iraq communities face the greatest risk of genocide, and al-Sham (ISIS) affect more states and as the mass killing or systematic violent repression. risk of reactivating old conflicts increases. ISIS Based on current indicators from authoritative affiliates (not including Boko Haram) are now sources (see box), Peoples under Threat has been active in some 15 countries from Algeria to the compiled every year since 2005 to provide early Philippines. In most states ISIS-affiliated forces warning of potential future mass atrocities. remain small or their connection to the self- Last year, Peoples under Threat highlighted 17 declared ISIS caliphate is tenuous. In many cases, situations with pressing risks, comprising states pledging allegiance is effectively a re-branding either at the top of the index or those rising exercise by existing militant groups attracted by swiftly up it. It is estimated that those accounted ISIS’ profile and international support network. for the vast majority of civilians subsequently Given the limited capacity of many of the armed killed last year – and for over three-quarters of groups concerned, their survival typically depends the global refugee population. on extortion and smuggling activities, and on the classic asymmetrical strategy of provoking a Rising threats disproportionate response from the state. For the The global refugee crisis in 2015 was a direct general population, and particularly religious and manifestation of the persecution faced by ethnic communities, the risk of mass abuses needs communities in those states at the top of the to be understood not just in terms of atrocities Peoples under Threat table. That the crisis is far perpetrated by extremist opposition groups but from over is indicated by rising threats in an also the violent reaction by government forces. expanding range of countries in 2016. The wider threat, then, derives both from the Some of the most vulnerable communities are reactivation of a series of dormant grievances those newly displaced, whose precarious situation and highly disparate struggles, and from the is exacerbated by lack of basic services or potentially disproportionate response of the state. protection. In Iraq, for example, the population Both these factors are central to the situation in a of IDPs has now exceeded 3.3 million, including number of major risers in the index this year. a large proportion of religious minorities, but Despite successes in pushing back ISIS and the UN’s humanitarian response plan is less than regaining territory in the centre and west of Peoples under one-quarter funded. South Sudan has over 1.6 the country, Iraq has climbed again in the million IDP victims of a devastating ethnic war, Peoples under Threat table to be this year’s most but just over a quarter of the funding required for prominent riser. Two specific threats in 2016 the crisis response plan has been received. Jordan face a population already exhibiting a high level has warned that the massive Zaatari refugee camp of vulnerability, with over 3.3 million IDPs and Threat 2016 more than 8 million requiring humanitarian near the Syrian border is unsustainable, and Mark Lattimer Kenyan authorities are threatening to close down assistance. A long-planned assault on Iraq’s

State of the World’s Minorities Peoples under Threat 2016 205 and Indigenous Peoples 2016 and ‘clear their good name’. Two years later worldwide. His grip on the country was aided Major risers since 2015 the Russian government suspended the by mass arrests of opposition activists before the Crimean Tatars’ representative council on election. But the slide in oil prices has hit the Rank Rise in rank Country Groups Total trumped up charges of extremism. But the economy badly, unemployment is rising and instrumentalization of minority issues had the Obiang and his family have been pursued in 3 +2 Iraq Shi’a, Sunnis, Kurds, Turkmen, Christians, most devastating consequences in the east of both the US and French courts for corruption. Mandaeans, Yezidis, Shabak, Faili Kurds, Ukraine, where Russian-backed separatists are Obiang’s coup in 1979 followed a period of mass Bahá’í, Palestinians 20.92 waging a war against Ukrainian government that resulted in over a quarter of the 6 +3 South Sudan Murle, Nuer, Dinka, Anuak, Jie, Kachipo 20.13 forces and paramilitaries that has resulted in population fleeing their homes. 12 +5 Libya Black Libyans, Sub-Saharan migrants, Tebu, Berbers 17.39 over 2,500 civilian deaths (many of them from Algeria has risen seven places in the table this 15 +6 Ukraine Tatars, Krymchak and Karaites in Crimea; Russians, indiscriminate rocket attacks from both sides), year, reflecting both communal conflict between Hungarians, Moldovans and other national minorities 15.05 caused over 2.5 million to flee their homes and Arab and Mozabite (Amazigh) communities in 18 +2 Egypt Copts, Shi’a, Bahá’í; Nubians, Bedouin 13.83 laid waste to many urban centres in Donetsk and Ghardaia and continued clashes between the 22 +2 Burundi Hutu, Tutsi, Batwa 13.55 Luhansk. Algerian army and Islamist groups. Al-Qaeda in 23 +3 Equatorial Guinea Bubi, Annobon Islanders 13.07 The downing of a Russian passenger jet over the Islamic , Jund al-Khalifa and other 27 +7 Algeria Berbers, Saharawi 12.24 Sinai in Egypt in October 2015 brought global such groups evolved from a splinter faction of 32 +12 Political/social targets, religious minorities 11.61 attention to the local ISIS offshoot, formerly the old Groupe Islamique Armé, a principal in 34 +18 Turkey Kurds, Alevis, Roma, Armenians and other Christians 11.58 known as Ansar Beit al-Maqdis. In fact, Ansar Algeria’s civil war. They command little popular 38 +10 Venezuela Indigenous peoples, Afro-descendants 10.73 had been engaged in attacks against both support, but the civil war was sufficiently recent 39 +7 Azerbaijan Armenians 10.71 Egyptian and Israeli targets since 2011, seeking (ending in 2002) and the violence sufficiently 43 +10 Cameroon ‘Westerners’, Southerners 10.47 to recruit North Sinai Bedouin embittered terrible (up to 150,000 deaths) that any 53 New entry El Salvador Political/social targets 9.98 by poverty and marginalization. As President indication of a return to the practices of the ‘sale 66 New entry Mozambique Northerners 8.93 Sisi consolidates his hold on power, official guerre’ is a potent threat. Armed Islamists based harassment of journalists and human rights in Algeria claimed responsibility for the Bamako second city of Mosul, an ISIS stronghold, may in acute food insecurity, with 40,000 facing defenders has increased and accountability for hotel attack in neighbouring Mali in November create a further 500,000 to 1 million IDPs. Other starvation. the August 2013 killing in Cairo of over 1,000 2015. recent battles over urban centres in Iraq have With two rival parliaments, an array of demonstrators is off the As North Korea sinks further into seen escalating violence from ISIS in an attempt competing militias and tribal forces, and a agenda. There appear to be few constraints on international isolation, the risk to its people to retain control and high civilian casualty rates rapidly expanding branch of ISIS, Libya shows the use of force in today’s Egypt and the country grows. The staging of nuclear tests and rising from indiscriminate bombardment by the Iraqi few signs of escaping the mantle of a failed state, moves two places up the index. tensions with have captured the Security Forces. Second, the remobilization of despite the agreement to establish a government The demographic features Burundi shares with headlines, but the country remains remarkably the Shi’a militias, with both governmental and of national unity. Both the ethnic cleansing Rwanda, and its own terrible history of ethnic opaque to external scrutiny. Comprehensive religious backing, and the return of Moqtada perpetrated during the Libyan uprising in 2011 mass killing, led international observers to fear evidence is yet to emerge concerning the state Al-Sadr to the national political stage, have made and more recent cases of religious persecution the worst last year when violence escalated in the of North Korea’s people, including its many further sectarian violence almost inevitable. – including the extra-judicial execution of over run-up to presidential elections in July. Pierre religious minorities, its impoverished rural The fact that South Sudan has climbed further 50 Christians in February and April 2015 – Nkurunziza was re-elected with a disputed 69 population and the 100,000 detained in the in the critical reaches of the Peoples under Threat establishes a worrying track record. It is clear per cent of the vote, but his move to continue in prison camp system. China’s increasingly critical table, despite another peace agreement concluded that the 2011 NATO intervention in Libya set power for an unconstitutional third term brought relationship with Pyongyang boosts the potential in August, demonstrates the lack of good faith two dangerous precedents for Libya’s new rulers: angry protests. The situation is significantly for some form of change, but with it the risks. exhibited by both the main parties to the refusing to account for civilian casualties and different from Rwanda in 1994, not least because The position of Turkey as the foremost host conflict, destabilization by neighbouring Sudan appearing to tolerate widespread militia abuses. of the absence of a major armed insurgency. But of refugees from the Syrian conflict – and venue and the ethnic character of the violence. Tens of Libya is one of the highest climbers in the Peoples over 250,000 have fled the country, targeted for the Humanitarian Summit – has thousands are believed to have been killed since under Threat index this year. killings have been reported (including by drawn international attention away from its the dispute began between President Salva Kiir Ukraine has jumped another six places this government forces) and Burundi’s nightmare is a own deadly civil war. Hostilities between the and his former deputy, Riek Machar, pitching year. Announcing the effective annexation of return to the horrors of 1972 and 1993. Turkish government and the Kurdistan Workers’ their respective Dinka and Nuer communities Crimea in March 2014, Russian President The re-election of President Teodoro Obiang Party (PKK) escalated dramatically from mid against each other, but the fact that there is Vladimir Putin professed great respect for Nguema in Equatorial Guinea in April 2016 2015, triggered by devastating ISIS suicide not even a proper accounting of the dead is people of all ethnic groups living in Crimea with 94 per cent of the vote means that he is bombings in Suruc and Ankara in which each an indication of how bad things have become. and committed to political and legislative entering his 37th year in power, the longest side accused the other of being complicit. By the The conflict has left a quarter of the population action to restore the rights of Crimean Tatars period in power of any sitting head of state end of the year, Kurdish militants had declared

206 Peoples under Threat 2016 State of the World’s Minorities State of the World’s Minorities Peoples under Threat 2016 207 and Indigenous Peoples 2016 and Indigenous Peoples 2016 office of the UN High Commissioner for Human proportion of minorities in the population is Peoples most under threat – highest rated countries 2016 Rights raised the alarm about reported summary far higher. executions and other human rights violations The government of Sudan has made waging Rank Country Group Total by the Mozambican army, as well as abuses by war on its own people the defining feature RENAMO fighters. The worst violence has hit of its approach to governance. For over three 1 Syria Political targets, Shi’a/Alawites, Christians, Kurds, Tete province, but it is spreading. decades, first in what is now South Sudan, then Palestinians 27.03 in Darfur and more recently in South Kordofan 2 Somalia Minorities incl. Bantu, Benadiri and ‘caste’ groups Peoples at greatest risk and Blue Nile states, Sudanese armed forces have (Gabooye etc.); clan members at risk in fighting incl. While a significant rise in the index provides perpetrated attacks on civilian targets. Opposition Hawiye, Darod, etc. 23.28 early indication of threats in the future, the mass armed groups also continue to mount attacks, 3 Iraq Shi’a, Sunnis, Kurds, Turkmen, Christians, Mandaeans, killing of civilians is already under way in the 13 but such blatant official disregard for the Yezidis, Shabak, Faili Kurds, Bahá’í, Palestinians 20.92 states at the top of the table. principle of distinction is partly sustained and 4 Sudan Fur, Zaghawa, Massalit and others in Darfur; The agony of Syria goes on as a partial legitimated by an ideology of Arab superiority Ngok Dinka, Nuba, Beja 20.63 ‘cessation of hostilities’ agreed in February 2016 and an approach to African or ‘black’ tribes of 5 Afghanistan Hazara, Pashtun, Tajiks, Uzbeks, Turkmen, continues to break down. The formal entry into barely concealed racism. Baluchis, Kuchis 20.27 the conflict of the US and the international Fourteen years after the Sun City peace 6 South Sudan Murle, Nuer, Dinka, Anuak, Jie, Kachipo 20.13 coalition against ISIS in September 2014, and of accords, the Democratic Republic of Congo 7 Dem. Rep. of the Congo Hema and Lendu, Hutu, Luba, Lunda, Russia a year later, have not brought a resolution appears to have settled into a permanent state of Tutsi/Banyamulenge, Batwa/Bambuti, other groups 19.37 any closer. Instead, deaths have escalated, passing low-intensity conflict. Bloody clashes between 8 Pakistan Shi’a (incl. Hazara), Ahmadis, Hindus, Christians a quarter of a million by August 2015. The vast Bantu militias and Batwa in Katanga, attacks and other religious minorities; Baluchis, Mohhajirs, majority of civilian casualties are caused not by by the Lord’s Resistance Army in the far north, Pashtun, Sindhis 18.65 ISIS but through indiscriminate bombardment raids by rival Mai-Mai militias and rebels of 9 Burma/ Myanmar Kachin, Karenni, Karen, Mons, Rakhine, Rohingyas, Shan, by Syrian and Russian aircraft, including the the Rwandan Democratic Liberation Forces of Chin (Zomis), Wa 18.16 continued use by the Syrian air force of barrel Rwanda (FDLR) in the Kivus and the continued 10 Central African Republic Muslims, Christians; Kaba (Sara), Mboum, Mbororo, bombs in contravention of UN Security Council threat from former M23 rebels are just some of Gula, Aka 18.02 resolution 2139. Christians and other minorities, the factors that leave large parts of the Congolese historically subject to repression under the population, particularly in the east, living in Syrian government, now find themselves largely fear. Ethnic or tribal factors underpin many of autonomy in a number of districts in Sirnak, specifically designed to measure the threat of confined to government-held areas. Meanwhile, the struggles, but they are also driven by local and Diyarbakir, and Turkish armed genocide or mass political killing, the indicators the Kurdish-held cantons in northern Syria, the resource competition, cross-border conflicts and forces were subjecting Kurdish-majority towns are slow to pick up the risk of violence from closest to a functioning democracy the country their own circular logic of violence. to military assault with tanks, helicopters and crime, even if it is extensive. But in the case of possesses, are threatened by powerful enemies: to The wholesale division of the Central African fighter jets. Meanwhile the Peoples’ Democratic Mexico – which remains just outside the 70 states the south by ISIS and to the north by Turkey. Republic along religious lines has seen a decrease Party (HDP), which had fared well enough in listed in the index – and El Salvador in particular, A new offensive by al-Shabaab rebels early in in the worst of the violence between Christian June elections to deny the ruling Justice and criminal violence has reached an unprecedented 2016, and the extension of attacks in Kenya, keep ‘anti-balaka’ militias and Muslim ex-Séléka Development Party (AKP) an absolute majority, intensity. El Salvador suffered 6,000 murders Somalia in second place in the table. Plans by rebels. Muslim communities still living in the was subjected to heavy repression, effectively last year, giving it the highest murder rate in the Kenya government to close down the huge capital Bangui or in areas controlled by anti- denying much of Turkey’s Kurdish population a the world. Although much of the violence is Dadaab refugee camp near the Somali border balaka are largely confined to enclaves guarded democratic voice. clearly drug and gang related, evidence of official place in question the safety of the camp’s 330,000 by UN or French peacekeepers, who themselves Political intimidation, including the complicity in the killing is now growing in both residents, including a significant proportion from face accusations of sexual abuse. Presidential imprisonment of human rights and opposition countries. the Bantu minority. Meanwhile, Somali political elections passed off peacefully in early 2016 but activists and tight controls on freedom of Sporadic violence after the RENAMO leaders with UN backing have agreed plans for land disputes between Muslim pastoralists and expression, continues in Azerbaijan. But the opposition rejected the result of the 2014 2016 elections, not on the basis of universal Christian farmers in the centre and north of the biggest risk for mass killing is the rising tension elections in Mozambique escalated in 2016 suffrage but according to a power-sharing country will be challenging to resolve, as will over the disputed region of Nagorno-Karabakh. with armed attacks in provincial centres. arrangement. Under the 4.5 formula, the main claims for autonomy in the north-east. The rise in hostilities between Azerbaijani forces RENAMO is not the military force it was during clan groupings divide representatives equally Civilian casualties rose again in Afghanistan and Armenian-backed separatists in Karabakh in Mozambique’s civil war, when it was backed by between them while the country’s minorities in 2015, according to the UN, with 3,545 April 2016 led to the worst violence for 20 years. apartheid South Africa. But many communities together only have half a share, limited to killed and nearly 7,500 recorded injured. The El Salvador is a new entrant to the index in the north and centre of the country have long some 11 per cent - long a source of concern for Taliban and other opposition forces continue at number 53. Because Peoples under Threat is complained of marginalization. In April 2016 the human rights activists, who argue that the actual to be responsible for the majority of civilian

208 Peoples under Threat 2016 State of the World’s Minorities State of the World’s Minorities Peoples under Threat 2016 209 and Indigenous Peoples 2016 and Indigenous Peoples 2016 deaths (over 60 per cent) but civilian casualties restricting freedom of religion were passed by the How is Peoples under Threat it usually occurs with either the complicity of the attributable to pro-government forces are rising, parliament, and international pressure to address calculated? state or in a ‘failed state’ situation where the rule both in absolute terms and as a proportion the plight of the Muslim Rohingya was largely of law has disintegrated. Certain characteristics of total killing. Most occurred in the context snubbed. Since the genocide in Rwanda in 1994, our at the level of the state will greatly increase the of ground engagements or aerial operations, The weight of the indicators in the Peoples ability to identify those situations most likely to likelihood of atrocity, including habituation to including the US attack on a Médecins sans under Threat index assesses internal factors lead to genocide or mass killing has improved. illegal violence among the armed forces or police, Frontières hospital in Kunduz in October within a state conducive to mass killing. But in A number of comparative studies of the factors prevailing impunity for human rights violations, 2015 which killed 42. (Despite the long- some states high in the table, one or more of the preceding historic episodes of political mass official tolerance or encouragement of hate anticipated end of the NATO International principal threats comes from abroad. This is the killing had been undertaken since the 1970s, speech against particular groups, and in extreme Security Assistance Force mission at the close case with Yemen, where an international coalition but it was not until the 1990s that researchers cases, prior experience of mass killing. Egregious of 2014, some 22,000 US troops remained led by Saudi Arabia, and supported by the US, pioneered quantitative longtitudinal analysis episodes of mass killing targeted principally at in the country, either under the terms of a UK and France, has launched intensive and often of a wide range of such factors, enabling the one group have also seen other groups deliberately bilateral security agreement or as part of the indiscriminate air strikes against urban centres testing of different causal hypotheses. This decimated or destroyed. new NATO support mission). The Taliban controlled by al-Houthi rebels or forces loyal to research enabled the identification of those However, some groups may experience higher insurgency has always been a movement with former president Ali Abdullah Saleh. Since his preconditions that were most likely to lead to levels of discrimination and be at greater risk national political ambitions, but one rooted in successor, Abd-Rabbu Mansour Hadi, fled the genocide and political mass murder (politicide). than others in any given state. Minority Rights Pashtun communities and with strong sectarian country in March 2015, over 3,000 civilians have Minority Rights Group International has drawn Group International has identified those groups tendencies. In 2015 there was a rise in Taliban been killed in the course of attacks by different on these research findings to construct the Peoples in each state which we believe to be under most and ISIS attacks on Shi’a Hazara in central parties to the conflict, including by the Houthis, under Threat table, although responsibility for the threat. (This does not mean that other groups or Afghanistan, in the context of land disputes ISIS and other rebel forces, or by Saudi Arabia final table is exclusively our own. Peoples under indeed the general population may not also be at between Sunni Kuchi pastoralists and Hazara. and the international coalition. ■ Threat is specifically designed to identify the risk of some risk.) It should be noted that although these Targeted attacks against Shi’a in Pakistan Additional research by Vincenzo Mazzone, genocide, mass killing or other systematic violent groups are most often minorities, in some cases continue, not just in Baluchistan but across Gabriela Matercikova and Talip Alkhayer. repression, unlike most other early warning tools. ethnic or religious majorities will also be at risk the country, although not at the rate of some Its primary application is civilian protection. and in relevant cases are therefore also listed in the previous years. For example, 43 Ismailis were Indicators of conflict are included in the table’s table. In some cases, all the groups in the country killed in a bus attack in Karachi in May 2015. construction, however, as most, although not are at risk of ethnic or sectarian killing. Demonstrations by both Shi’a and Christians all, episodes of mass ethnic or religious killing The overall measure is based on a basket of ten against the government’s failure to halt the occur during armed conflicts. War provides the indicators. These include indicators of democracy attacks on their communities by Sunni extremist state of emergency, domestic mobilization and or good governance from the World Bank; conflict groups have brought limited results. Pashtun justification, international cover, and in some data from the Heidelberg Institute for International communities in Khyber Pakhtunkhwa and the cases the military and logistic capacity, that enable Conflict Research and the Center for Systemic Federally Administered Tribal Areas remain at massacres to be carried out. Some massacres, Peace; data on the of refugees, internally risk from the continuing Taliban insurgency, however, occur in peacetime, or may accompany displaced persons and other populations of concern both from military operations and from attacks armed conflict from its inception, presenting a from the UN High Commissioner for Refugees; on health workers. Meanwhile, conflict has also problem to risk models that focus exclusively on indicators of group division or elite factionalization escalated in Baluchistan, with civilians killed by current conflicts. In addition, severe and even from the Fund for Peace and the Carnegie both rebels and by security forces. violent repression of minorities may occur for Endowment for International Peace; the US State With Aung San Suu Kyi now installed as years before the onset of armed conflict provides Failure Task Force data on prior genocides and de facto leader, democratic forces are in the the catalyst for larger scale killing. politicides; and the country credit risk classification ascendant in Myanmar. But the political struggle The statistical indicators used all relate to published by the Organization for Economic over national power has yet to deliver benefits the state. The state is the basic unit of enquiry, Cooperation and Development (as a proxy for trade to the third of the population that constitutes rather than particular ethnic or religious groups openness). For citations and further information, see the country’s minorities or ethnic nationalities. at risk, as governments or militias connected to the notes to the table. For a fuller discussion of the Armed conflict continues in Kachin and Shan the government are responsible for most cases of methodology, see State of the World’s Minorities 2006. states and neither the National League for genocidal violence. Formally, the state will reserve Based on current indicators from authoritative Democracy nor Myanmar’s generals appear to itself the over the legitimate means sources, Peoples under Threat seeks to identify prepared to take action against the violent of violence, so that where non-state actors are those groups or peoples most under threat in Islamophobia preached by Buddhist politicians responsible for widespread or continued killing, 2015. ■ and activists. On the contrary, new laws

210 Peoples under Threat 2016 State of the World’s Minorities State of the World’s Minorities Peoples under Threat 2016 211 and Indigenous Peoples 2016 and Indigenous Peoples 2016 Country Group Conflict indicators Indicators of population flight/group division Democracy/governance indicators Total

A. Self- B. Major C. Prior genocide/politicide D. Flight of E. Legacy of F. Rise of G. Voice and H. Political I. J. OECD determination armed conflict refugees and vengeance factionalized accountability stability country risk conflicts IDPs – group elites classification Peoples under Threat 2016 grievance

Syria Political targets, Shi’a/Alawites, 5 2 1 0.6446 10.0 9.9 -1.800 -2.757 -1.339 7 27.03 Christians, Kurds, Palestinians

Somalia Minorities incl. Bantu, Benadiri and 4 2 1 0.2139 9.5 10.0 -2.134 -2.488 -2.389 7 23.28 ‘caste’ groups (Gabooye etc.); clan members at risk in fighting incl. Hawiye, Darod, etc.

Iraq Shi’a, Sunnis, Kurds, Turkmen, 5 2 1 0.1232 10.0 9.6 -1.208 -2.472 -1.364 7 20.92 Christians, Mandaeans, Yezidis, Shabak, Faili Kurds, Bahá’í, Palestinians

Sudan Fur, Zaghawa, Massalit and others 5 2 1 0.0765 9.7 9.8 -1.734 -2.356 -1.145 7 20.63 in Darfur; Ngok Dinka, Nuba, Beja

Afghanistan Hazara, Pashtun, Tajiks, Uzbeks, 4 2 1 0.1210 8.9 9.3 -1.162 -2.458 -1.534 7 20.27 Turkmen, Baluchis, Kuchis

South Sudan Murle, Nuer, Dinka, Anuak, Jie, 0 2 1 0.2058 10.0 10.0 -1.520 -2.538 -1.800 7 20.13 Kachipo

Dem. Rep. of the Congo Hema and Lendu, Hutu, Luba, 4 2 1 0.0313 9.5 9.5 -1.312 -2.274 -1.430 7 19.37 Lunda, Tutsi/Banyamulenge, Batwa/ Bambuti, other groups

Pakistan Shi’a (incl. Hazara), Ahmadis, 5 2 1 0.0117 10.0 9.2 -0.742 -2.436 -0.780 7 18.65 Hindus, Christians and other religious minorities; Baluchis, Mohhajirs, Pashtun, Sindhis

Burma/ Myanmar Kachin, Karenni, Karen, Mons, 5 2 1 0.0165 9.7 8.3 -1.393 -1.063 -1.166 7 18.16 Rakhine, Rohingyas, Shan, Chin (Zomis), Wa

Central African Republic Muslims, Christians; Kaba (Sara), 0 2 0 0.2050 9.6 10.0 -1.423 -2.673 -1.733 7 18.02 Mboum, Mbororo, Gula, Aka

Yemen Zaydi Shi’a, Sunni tribes, 5 2 0 0.0477 9.4 9.4 -1.336 -2.527 -1.171 7 18.02 al-Muhamasheen, Southerners

Libya Black Libyans, Sub-Saharan 4 2 0 0.0708 7.8 9.1 -1.147 -2.324 -1.523 7 17.39 migrants, Tebu, Berbers

Nigeria Ibo, Ijaw, Ogoni, Yoruba, Hausa 5 2 1 0.0092 9.9 9.8 -0.647 -2.106 -1.084 5 17.34 (Muslims) and Christians in the North

Ethiopia Anuak, Afars, Oromo, Somalis, 5 1 1 0.0016 8.5 8.6 -1.256 -1.240 -0.420 7 15.91 smaller minorities

Ukraine Tatars, Krymchak and Karaites 5 2 0 0.0384 7.0 8.0 -0.080 -1.929 -0.787 7 15.05 in Crimea; Russians, Hungarians, Moldovans and other national minorities

Iran Arabs, Azeris, Bahá’í, Baluchis, 4 0 1 0.0016 8.5 9.4 -1.572 -0.908 -1.033 7 14.89 Kurds, Turkomen

State of Palestine Gazans, Bedouin 5 1 0 0.0224 9.7 8.1 -0.848 -1.986 -0.444 7 14.59

Egypt Copts, Shi’a, Bahá’í; Nubians, 5 1 0 0.0003 8.7 9.0 -1.193 -1.582 -0.602 6 13.83 Bedouin

Russian Federation Chechens, Ingush and others 5 1 1 0.0007 9.3 8.1 -1.042 -0.840 -0.711 4 13.75 in ; indigenous northern peoples, Roma, Jews

Mali Tuareg, Arabs, Maure, and others 4 2 0 0.0165 7.6 4.9 -0.199 -1.738 -0.651 7 13.71 in the north

Zimbabwe Ndebele, Europeans, political/ 2 0 1 0.0048 7.8 9.7 -1.277 -0.648 -1.422 7 13.69 social targets

Burundi Hutu, Tutsi, Batwa 0 1 1 0.0433 8.0 7.9 -1.019 -0.894 -0.934 7 13.55

212 Peoples under Threat 2016 State of the World’s Minorities and State of the World’s Minorities Peoples under Threat 2016 213 Indigenous Peoples 2016 and Indigenous Peoples 2016 Country Group Conflict indicators Indicators of population flight/group division Democracy/governance indicators Total

A. Self- B. Major C. Prior genocide/politicide D. Flight of E. Legacy of F. Rise of G. Voice and H. Political I. Rule of law J. OECD determination armed conflict refugees and vengeance factionalized accountability stability country risk conflicts IDPs – group elites classification Peoples under Threat 2016 grievance

Equatorial Guinea Bubi, Annobon Islanders 1 0 1 0.0003 6.3 8.2 -1.981 -0.390 -1.403 7 13.07

Philippines Indigenous peoples, Moros 5 2 1 0.0046 8.3 8.0 0.128 -0.703 -0.328 3 12.54 (Muslims), Chinese

Lebanon Druze, Maronite Christians, 2 1 0 0.0015 8.6 9.3 -0.417 -1.721 -0.759 7 12.52 Palestinians, Shi’a, Sunnis

Chad ‘Black African’ groups, Arabs, 2 0 0 0.0062 8.2 9.5 -1.327 -1.533 -1.116 7 12.36 Southerners

Algeria Berbers, Saharawi 2 1 1 0.0002 8.2 7.7 -0.929 -1.171 -0.733 4 12.24

Sri Lanka Tamils, Muslims 4 0 1 0.0091 9.3 9.1 -0.718 -0.251 -0.150 6 12.03

China Tibetans, Uyghurs, , Hui, 5 1 1 0.0002 8.3 7.2 -1.544 -0.463 -0.334 2 11.93 religious minorities

Eritrea Afars, Saho, Tigre, religious 0 0 0 0.0849 6.1 8.1 -2.039 -0.759 -1.463 7 11.85 minorities

Uganda Acholi, Karamojong, Basongora, 2 0 1 0.0050 8.7 8.9 -0.562 -0.929 -0.389 6 11.61 Batwa

North Korea Political/social targets, religious 0 0 0 0.0001 6.3 8.5 -2.134 -1.093 -1.537 7 11.61 minorities

Colombia Political/social targets, Afro- 2 2 0 0.1425 8.0 7.6 -0.097 -1.121 -0.341 4 11.58 descendants, indigenous peoples

Turkey Kurds, Alevis, Roma, Armenians 5 2 0 0.0009 9.0 7.3 -0.322 -1.059 0.037 4 11.58 and other Christians

Angola Bakongo, Cabindans, Ovimbundu, 2 0 1 0.0031 7.3 7.2 -1.138 -0.273 -1.097 5 11.08 Pastoralists, San and Kwisi

Kenya Borana, Kalenjin, Kikuyu, Luyha, 2 1 0 0.0003 9.0 8.9 -0.158 -1.269 -0.451 6 10.86 Luo, Muslims, Turkana, Endorois, Masai, Ogiek, other indigenous groups

Bosnia and Herzegovina Croats, Bosniac Muslims, Serbs, 2 0 1 0.0427 7.1 8.7 -0.093 -0.063 -0.204 7 10.80 Roma

Venezuela Indigenous peoples, Afro- 0 0 0 0.0005 7.3 8.1 -1.066 -0.825 -1.890 7 10.73 descendants

Azerbaijan Armenians 4 0 0 0.0654 6.4 7.9 -1.439 -0.502 -0.607 5 10.71

Guinea Fulani (Peul), Malinke 0 0 0 0.0027 8.7 9.6 -0.891 -0.931 -1.376 7 10.65

Thailand Chinese, Malay-Muslims, Northern 5 1 0 0.0000 8.5 10.0 -0.845 -0.908 -0.151 3 10.61 Hill Tribes

Tajikistan Uzbeks, Pamiris, Russians 1 0 0 0.0002 7.3 8.4 -1.440 -0.678 -0.962 7 10.57

Cameroon ‘Westerners’, Southerners 2 0 0 0.0042 8.1 9.1 -0.996 -0.945 -0.871 6 10.47

Kosovo Serbs, Roma/Ashkali/Egyptians, 4 0 0 0.0362 8.1 8.0 -0.229 -0.336 -0.480 7 10.47 Bosniaks, Turks, Gorani

Cote d’Ivoire Northern Mande (Dioula), Senoufo, 3 0 0 0.0049 8.7 9.1 -0.523 -1.014 -0.609 6 10.41 Bete, newly-settled groups

Cambodia Cham, Vietnamese, indigenous hill 0 0 1 0.0008 7.4 8.2 -1.082 -0.040 -0.925 6 10.41 tribes (Khmer Leou)

Niger Djerema-songhai, Hausa, Tuaregs 2 0 0 0.0061 7.5 8.9 -0.245 -1.267 -0.690 7 10.38

Kyrgyzstan Uzbeks, Russians 2 0 0 0.0007 8.4 8.0 -0.533 -0.785 -0.936 7 10.37

Uzbekistan Tajiks, Islamic political groups, 1 0 0 0.0002 7.6 8.8 -1.888 -0.232 -1.082 6 10.19 religious minorities, Karakalpaks, Russians

Djibouti Afars 1 0 0 0.0016 6.6 7.3 -1.405 -0.717 -0.845 7 10.18

214 Peoples under Threat 2016 State of the World’s Minorities and State of the World’s Minorities Peoples under Threat 2016 215 Indigenous Peoples 2016 and Indigenous Peoples 2016 Country Group Conflict indicators Indicators of population flight/group division Democracy/governance indicators Total

A. Self- B. Major C. Prior genocide/politicide D. Flight of E. Legacy of F. Rise of G. Voice and H. Political I. Rule of law J. OECD determination armed conflict refugees and vengeance factionalized accountability stability country risk conflicts IDPs – group elites classification Peoples under Threat 2016 grievance

Guinea Bissau Balanta, Fula (Fulani), Manjaco, 0 0 0 0.0019 5.7 9.6 -1.040 -0.742 -1.357 7 10.08 Mandinga, Papel, Ejamat (Felupe), Jola (Diola), Susu, Cape Verdeans

Vietnam Montagnards (Degar), other 2 0 1 0.0034 6.5 6.9 -1.339 -0.003 -0.311 5 10.05 highland peoples, religious minorities

El Salvador Political/social targets 0 2 1 0.0054 6.3 4.3 0.126 -0.149 -0.518 5 9.98

Rwanda Hutu, Tutsi, Batwa 0 0 1 0.0082 8.8 8.0 -1.126 -0.100 0.080 6 9.78

Haiti Political/social targets 0 0 0 0.0080 6.7 9.1 -0.845 -0.611 -1.194 7 9.74

Laos Hmong, other highland peoples 2 0 0 0.0011 6.3 8.3 -1.650 0.460 -0.706 7 9.72

Turkmenistan Uzbeks, Russians, Kazakhs, religious 0 0 0 0.0003 7.1 7.8 -2.222 0.075 -1.331 6 9.71 minorities

Bangladesh Ahmadiyya, Hindus, other religious 3 0 0 0.0002 8.4 9.6 -0.472 -0.876 -0.720 5 9.70 minorities; Chittagong Hill Tribes

Serbia Bosniaks, Ethnic Albanians, Croats, 2 0 1 0.0362 8.1 8.0 0.229 0.179 -0.158 6 9.55 Roma

Nepal Madheshis (Terai), Dalits, Janajati, 2 0 0 0.0005 9.1 8.3 -0.443 -0.704 -0.677 6 9.48 linguistic minorities

Mauritania (‘Black ’), Kewri 0 0 0 0.0101 6.9 8.8 -0.914 -0.581 -0.819 7 9.41

Moldova Trans-Dniester Slavs 4 0 0 0.0011 6.5 7.8 -0.023 -0.101 -0.273 7 9.17

Georgia Adzhars, Abkhazians, South 4 0 0 0.0699 7.8 9.1 0.226 -0.233 0.202 6 9.07

Belarus 0 0 0 0.0006 6.8 8.3 -1.446 0.124 -0.813 7 9.04

Congo (Rep.) Lari, M’Boshi, Aka 1 0 0 0.0041 6.6 6.7 -1.078 -0.289 -1.071 6 8.95

Mozambique Northerners 2 0 0 0.0001 5.9 6.9 -0.227 -0.351 -0.840 7 8.93

India Assamese, Bodos, Nagas, Tripuras, 5 1 0 0.0000 8.3 7.3 0.422 -0.961 -0.089 3 8.85 other Adivasis; , Sikhs, Muslims, Dalits

Indonesia Acehnese, Chinese, Dayaks, 4 0 1 0.0001 7.3 7.0 0.130 -0.369 -0.346 3 8.84 Madurese, Papuans, religious minorities

Guatemala Indigenous peoples, Garifuna 0 0 1 0.0017 7.9 6.0 -0.370 -0.642 -0.986 4 8.83

Ecuador Afro-descendants, Indigenous peoples 2 0 0 0.0004 7.8 8.2 -0.265 -0.010 -1.050 6 8.75

Notes to Table classified as 2=ongoing in late 2015; 1=emerging from division indicators are from the Fragile States Index, Sources of the indicators are as follows: conflict since 2011 or ongoing conflict with deaths Fund for Peace and the Carnegie Endowment for relating to both Israel/Palestine; data relating to Palestinian . Conflict indicators: The base data used was from under 1,000. International Peace, 2015. refugees include those under the UNHCR mandate only. the Heidelberg Institute for International Conflict . Prior genocide or politicide: Harff, US Political . Democracy/Governance Indicators: Annual Governance Indicators were rebased as necessary to give an approximate Research (Conflict Barometer 2015, Heidelberg, Instability Task Force (formerly State Failure Task Indicators, World Bank, 2015. equal weighting to the five categories above, with the HIIK, 2016), Minority Rights Group International, Force). 1=one or more episodes since 1945, updated . OECD country risk classification: Organisation for exception of the prior geno-/politicide indicator. As a and the Center for Systemic Peace (‘Major Episodes using MRG data. Economic Cooperation and Development, ‘Country dichotomous variable this received a lesser weighting to of Political Violence 1946-2014’ (Center for Systemic . Indicators of Flight and Group Division: Data for the Risk Classifications of the Participants to the avoid too great a distortion to the final ranking. Resulting Peace, 2015). Self-determination/autonomy conflicts flight of refugees and IDPs comes from UN High Arrangement on Officially Supported Export Credits’, values were then summed. in 2015 were ranked on a scale of 0-5 as follows: Commissioner for Refugees, total population of January 2016. The full formula is: 5=ongoing armed conflict; 4=contained armed concern by country of origin, Mid-Year Trends 2015, (A/2) + (Bx1.25) + (Cx2) + (Dx10) + (E+F)/6 + conflict; 3=settled armed conflict; 2=militant politics; as a proportion of total country population at the Data for include some indicators relating to Serbia. (G+H+I)/-1 + (Jx0.625) 1=conventional politics. Major armed conflicts were same date (population figures from UN DESA. Group Data for the include some indicators

216 Peoples under Threat 2016 State of the World’s Minorities and State of the World’s Minorities Peoples under Threat 2016 217 Indigenous Peoples 2016 and Indigenous Peoples 2016 Who are minorities? operation in Europe UN – United Nations Minorities of concern to MRG are disadvantaged UNDP – United Nations Development Programme ethnic, national, religious, linguistic or cultural UNDRIP UN Declaration on the Rights of Indigenous groups who are smaller in number than the rest Peoples of the population and who may wish to maintain UNEP – UN Environmental Programme and develop their identity. MRG also works with UNESCO – UN Educational, Scientific and Cultural indigenous peoples. Organization Other groups who may suffer discrimination UNHCR – UN High Commissioner for Refugees are of concern to MRG, which condemns discrimination on any ground. However, the specific mission of MRG is to secure the rights of minorities Credits and and indigenous peoples around the world and to improve cooperation between communities. acknowledgements

Boris Babin (Europe – Ukraine), Electra Babouri Selected abbreviations (Europe – Turkey and case study on Pacific sacred sites), Michael Caster (East Asia), Lucy Claridge (Protecting African Charter – African Charter on Human the right to culture for minorities and indigenous peoples: and Peoples’ Rights an overview of international case law with Alexandra ACHPR – African Commission on Human Xanthaki), Joana Dabaj (case study interview with Bishop and Peoples’ Rights Ghattas Hazim), Shikha Dilawri (South Asia – Pakistan), AU – African Union Kat Eghdamian (case study on Syrian refugees in Jordan), CERD – Committee for the Elimination of Nicole Girard (Southeast Asia – Cambodia, Thailand and Racial Discrimination Vietnam; South Asia – Bangladesh, India and case study on CESCR – Committee on Economic, Social Hazara in Afghanistan; Minority and indigenous women’s and Cultural Rights right to culture: Identity, gender and opportunities for ECHR – European Convention on Human empowerment), Mariah Grant (North America), Alfredo Rights Gutierrez Carrizo (South America), Amina Haleem ECtHR – European Court of Human Rights (East Africa, Southern Africa – South Africa and case study FCNM – Framework Convention on the on Tajikistan), Paul Havemann (Lessons from indigenous Protection of National Minorities knowledge and culture: learning to live in harmony HRW – Human Rights Watch with nature in an age of ecocide), Hanna Hindstrom IACHR – Inter-American Commission on (Southeast Asia – Burma/Myanmar, Indonesia and case Human Rights study on Lumads in Philippines; South Asia - Nepal), Paige IACtHR – Inter-American Court of Human Wilhite Jennings (West and Central Africa), Shorena Rights Kobaidze (Europe – Georgia), Annela Laaneots (case ICC – International Criminal Court study on Seto in Estonia), Mark Lattimer (Peoples under ICCPR – International Covenant on Civl and Threat), Farah Mihlar (South Asia – Sri Lanka), Genna Political Rights Naccache (Afro-Peruvian case study), Janet Oropeza ICESCR – International Covenant on Eng (), Keikantse E. Phele (Southern Economic, Social and Cultural Rights Africa – Namibia and case study on Wayeyi in Botswana), IDMC – Internal Displacement Monitoring Federica Prina (Europe – Russia, with additional inputs Centre on Ukraine), Miriam Puttick (Middle East and North IDPs – Internally displaced persons Africa – Iraq, Libya and Syria), Katya Quinn-Judge NGO – Non-Government Organization (Central Asia), Fahmida Rehman (additional research OHCHR – Office of the High Commissioner for Delivering minority and indigenous rights in practice: for Human Rights The underrated potential of culture and why we ignore it at Reference OSCE – Organisation for Security and Co- our peril), Mechtild Rössler (The changing landscape of 218 Reference State of the World’s Minorities State of the World’s Minorities Reference 219 and Indigenous Peoples 2016 and Indigenous Peoples 2016 indigenous heritage protection), Carolyn Stephens We are guided by the needs expressed by our (South America), Claire Thomas (Delivering worldwide partner network of organizations which minority and indigenous rights in practice: The represent minorities and indigenous peoples. underrated potential of culture and why we ignore MRG works with over 150 organizations in it at our peril), Derek Verbakel (Middle East and nearly 50 countries. Our governing Council, North Africa – Egypt, Israel/Palestine and Yemen), which meets twice a year, has members from Sara Vincini (Europe – France, Greece and case nine different countries. MRG has consultative study on Roma in Italy), Alexandra Xanthaki status with the United Nations Economic and (Cultural rights and their implications for minority Social Council (ECOSOC), observer status with and indigenous communities; Protecting the right the African Commission on Human and People’s to culture for minorities and indigenous peoples: Rights, and is registered with the Organization of an overview of international case law with Lucy American States. Claridge) and Jacqui Zalcberg (Oceania). MRG is registered as a charity and a company limited by guarantee under English law. Registered With thanks to Carl Soderbergh for considerable charity no. 282305, limited company no. editorial input, Jasmin Qureshi for production 1544957. coordination and picture research, Talip Alkhayer, Ana Bolanos, Amina Haleem, Discover us online: Gabriela Materkihova, Vincenzo Mazzone, Genna Naccache, Fahmida Rahman and Sara MRG website Vincini for all their wonderful research support, Visit our website for news, publications and more Sophie Richmond for copy editing, Jacqui information about MRG’s work: Lewis for proofreading and Tom Carpenter www.minorityrights.org for design. In addition to the MRG staff who gave their feedback on earlier drafts, we would Minority Voices Newsroom like to thank all the anonymous reviewers who An online news portal that allows minority and provided invaluable feedback on the first drafts. indigenous communities to upload multimedia We would also like to thank Oliver Loode for content and share their stories: his helpful input. Edmond Moukala (Focal www.minorityvoices.org Point for matters related to indigenous peoples and Chief of Africa Unit – World Heritage Peoples under Threat Centre, UNESCO) provided much appreciated MRG’s annual ranking showing countries most at assistance. Many thanks as well to Andrew Fagan risk of mass killing is now available as an online for his comments. map: www.peoplesunderthreat.org

Minority World Directory of Minorities and Indigenous Peoples Rights Group The internet’s leading information resource on minorities around the globe: International www.minorityrights.org/Directory

Minority Rights Group International (MRG) is a non-governmental organization (NGO) working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, and to promote cooperation and understanding between communities. Our activities are focused on international advocacy, training, publishing and outreach.

220 Reference State of the World’s Minorities and Indigenous Peoples 2016 State of the World’s Minorities and Indigenous Peoples 2016 Events of 2015

The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

ISBN 978-1-907919-80-0