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State of theWorld’s Minorities and Indigenous Peoples 2010 Events of 2009 State of the World’s Minorities and Indigenous Peoples 2010 Acknowledgements Published July 2010 Minority Rights Group International (MRG) Production: Kristen Harrison gratefully acknowledges the support of all organizations Copy editing: Sophie Richmond and individuals who gave financial and other assistance Design: Tom Carpenter, Texture to this publication, including CAFOD, the European Printed in the UK Commission, the Finnish Ministry of Foreign Affairs, and the Netherlands Ministry of Foreign Affairs. Minority Rights Group International 54 Commercial Street, London E1 6LT, United Minority Rights Group International Kingdom. Tel +44 (0)20 7422 4200, Fax +44 (0)20 Minority Rights Group International (MRG) is a non- 7422 4201, Email [email protected] governmental organization (NGO) working to secure Website www.minorityrights.org the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, and to promote Getting involved cooperation and understanding between communities. MRG relies on the generous support of institutions Our activities are focused on international advocacy, and individuals to further our work. All donations training, publishing and outreach. We are guided received contribute directly to our projects with by the needs expressed by our worldwide partner minorities and indigenous peoples. network of organizations which represent minority One valuable way to support us is to subscribe to and indigenous peoples. MRG works with over 150 our report series. Subscribers receive regular MRG organizations in nearly 50 countries. Our governing reports and our annual review. We also have over Council, which meets twice a year, has members from 100 titles which can be purchased from our publi- State of 9 different countries. MRG has consultative status cations catalogue. In addition, MRG publications with the United Nations Economic and Social Council are available to minority and indigenous peoples’ (ECOSOC), and observer status with the African organizations through our library scheme. the World’s Commission on Human and People’s Rights. MRG MRG’s unique publications provide well- is registered as a charity and a company limited by researched, accurate and impartial information on guarantee under English law. Registered charity no. minority and indigenous peoples’ rights worldwide. 282305, limited company no. 1544957. We offer critical analysis and new perspectives on Minorities and international issues. Our specialist training materi- © Minority Rights Group International, July 2010. als include essential guides for NGOs and others All rights reserved. on international human rights instruments, and on Indigenous accessing international bodies. Many MRG publica- Material from this publication may be reproduced tions have been translated into several languages. for teaching or for other non-commercial purposes. If you would like to know more about MRG, No part of it may be reproduced in any form for how to support us and how to work with us, please Peoples commercial purposes without the prior express visit our website www.minorityrights.org permission of the copyright holders. Selected MRG publications: For further information please contact MRG. A CIP p Pakistan: Minorities at Risk in the North-West 2010 catalogue record of this publication is available from p Uncertain Refuge, Dangerous Return: Iraq’s Events of 2009 the British Library. Uprooted Minorities p Discrimination and Political Participation in Bosnia Focus: Religious Minorities ISBN 978-1-904584-97-1 and Herzegovina

Inside front cover: A Muslim man reads to two This document has been produced Edited by Preti Taneja children in a makeshift mosque in Wil, Switzerland. with the financial assistance of the Their community’s project to build a cultural European Union. The contents of this centre with a minaret was one of the proposals document are the sole responsibility of Minority that sparked a controversial anti-minaret cam- Rights Group International and can under no paign that led to a referendum banning minarets in circumstances be regarded as reflecting the position Switzerland. Mark Henley/Panos. of the European Union Minority Rights Group International 6 Foreword 74 Americas Asma Jahangir, UN Special Maurice Bryan Rapporteur on freedom of religion or belief 100 Asia and Oceania Felix Corley, Jared Ferrie, Part 1 Thematic essays David Fickling and Farah Mihlar

10 Religious minorities in a 150 Europe post-9/11 world Katalin Halász Nazila Ghanea, James A. Goldston, Mumtaz Lalani and Preti Taneja 178 Middle East Lena El-Malak 20 Engaging across divides: interfaith dialogue for peace and justice Part 3 Reference Susan Hayward 197 Peoples under threat 2010 30 Religious minorities and the Millennium Development Goals 208 Status of ratification of major Corinne Lennox international and regional instruments relevant to minority 42 Balancing women’s rights with and indigenous rights freedom of religion Compiled by Marusca Perazzi Zohra Moosa 220 Who are minorities? Part 2 Regional overviews 221 Selected abbreviations 50 Africa Korir Sing’Oei 222 Contributors

224 Acknowledgements s United Nations Special Rapporteur on Below: A boy from Pakistan’s minority Sikh freedom of religion or belief, I have had the population collects aid after fleeing the Swat and A opportunity to conduct country missions Buner districts. Jared Ferrie/MRG. and document individual cases in which freedom of religion or belief has allegedly been violated. These so, states pander to the interests of the religious major- encounters have confirmed my perception that mem- ity community. However, such discrimination against bers of minorities – alongside other groups including religious minorities is often symptomatic of much women, indigenous peoples, refugees and migrants – deeper problems, with governments frequently using are particularly vulnerable to human rights violations. sectarianism as a diversion from other more pressing Some national laws openly discriminate against indi- political, social and economic issues. viduals on the basis of religion or belief, or a perceived A recent survey by US-based think-tank the Pew lack of religious fervour. Violent acts or threats against Forum indicates that about one-third of countries cur- members of religious minorities are also perpetrated rently have high or very high restrictions on religion. by non-state actors, unfortunately all too often with Within these countries, the most salient issue which impunity. needs addressing seems to be legislation which unduly Discrimination based on religion or belief often limits the right to manifest one’s religion or belief, for emanates from deliberate state policies to ostracize example through registration requirements or undue Foreword members of certain minority communities. In doing restrictions on places of worship. Forced conversion, Asma Jahangir UN Special Rapporteur on freedom of religion or belief

6 Foreword State of the World’s Minorities State of the World’s Minorities Foreword 7 2009 and Indigenous Peoples 2010 often targeting women and children who are Lahore, was arrested when she organized in getting legislation passed through abducted, is another particularly malign problem a march to protest the proposed law of parliament in their favour. Jahangir which needs to be tackled. At the same time, in a Profile evidence which equated the testimonies has defended cases of discrimination number of countries, individuals who have volun- of two female witnesses to that of just one against religious minorities, women tarily changed their religion or belief continue to ‘People aren’t willing to believe that these reliable male witness. and children. She defended three face discrimination, threats and, in the most seri- injustices happen in our society. … But 1987 Together with her sister, Hina Jilani, Christians, among them a 14-year- ous cases, even death. Governments and religious it’s all going on next door.’ Asma Jahangir, established AGHS Legal Aid as an NGO. old boy, accused of blasphemy. In leaders must understand that freedom of thought, speaking to TIME magazine in 2003 AGHS Legal Aid is the first free legal aid an effort to combat rising rates of conscience and religion includes everybody’s free- centre in Pakistan and specializes in gender ‘disappearances’, she has also called dom to change religion or belief, i.e. not just con- violence legal cases. The AGHS Legal Aid on the Pakistani Attorney-General version to the majority or official religion of the Cell in Lahore also runs Dastak – a shelter to inform the public about how concerned country. for women. many covert intelligence agencies are When governments work to ensure that the 1987 Founding Member of the Human Rights operating in Pakistan, and under what rights of members of religious minorities are Commission of Pakistan (HRCP), first laws they conduct arrests. protected, this not only leads to a more stable serving as Secretary-General and later as and secure society, it is also an indicator of how Chair of the Commission. Compiled by Hannah Kaplan seriously invested they are in the protection of 1995 Jahangir and her family faced attempts on human rights. This must be accompanied by their lives by religious extremists. the use of other more informal strategies, such 1998 Appointed UN Special Rapporteur on as inclusive inter-religious and intra-religious extrajudicial, summary or arbitrary execution dialogue, to help in defusing potential tensions of the Commission on Human Rights. at an early stage. The structure of the state, 2000 Published Whither are We! in which she its method of governance and educational calls for then Pakistan President General policies may – depending on their design and Musharraf to improve his domestic human implementation – either help in creating religious rights policies, particularly towards women. harmony or contribute to religious friction. 2001 Together with her sister, Hina Jilani Preventive activities and the commitment of was awarded the UNIFEM (the United governments and societies to fundamental human Nations Development Fund for Women) rights are therefore key to creating an atmosphere Millennium Peace Prize for Women, in of religious tolerance. p 1952 Born in Lahore, Pakistan. collaboration with the NGO International 1978 Graduated with a Bachelor of Law Alert. degree, Punjab University, Lahore, 2004 Appointed UN Special Rapporteur Pakistan. on freedom of religion or belief. Since 1980 Instrumental in the organization of then has undertaken numerous trips to Punjab Women Lawyers Association countries, including Angola, Laos, Nigeria, (PWLA). Serbia and Sri Lanka, highlighting and 1985 Instrumental in the formation of investigating human rights abuses. the Women’s Action Forum, an 2010 Continues working as UN Special organization dedicated to defending Rapporteur and as a lawyer and the rights of women living under activist. Islamic law. The Forum describes its mission as providing ‘information, Over the years Jahangir has represented support and a collective space for several clients who were denied their women whose lives are shaped, fundamental rights. Notable amongst conditioned or governed by laws and them are the cases she fought for brick customs said to derive from Islam’. kiln workers, who are mostly bonded 1983 In collaboration with the Punjab labourers in Pakistan. She represented Women Lawyers Association in them and was subsequently successful

8 Foreword State of the World’s Minorities State of the World’s Minorities Foreword 9 and Indigenous Peoples 2010 and Indigenous Peoples 2010 uring 2009, minorities and indigenous has shrunk to around 5,000 people, according to peoples worldwide continued to suffer the NGO Mandaean Human Rights Group. The D the after-effects of the 11 September group said that, to date, ‘Recorded incidents against 2001 attacks on the United States of America, Mandaeans since 2003 stand at 167 killings, 275 which the then President George W. Bush termed kidnappings, and 298 assaults and forced conversion the ‘war on terror’. Since then, conflicts between to Islam. Some include more than one member of governments and armed groups have continued a family.’ to cause internal and external displacement, In 2007, the ancient Yezidi community were decimation of already vulnerable communities victims of the single most brutal attack on a and an increase in state-sanctioned discriminatory minority since the fall of Saddam Hussein: the truck practices. In some regions, they have inflamed the bombings in August 2007 that killed more than seeming clash between freedom of religion and 400 Yezidis. freedom of expression, leading to violence between Women from these minority communities who communities that were used to living side by side. remain in Iraq have reported being forced to wear While the new US administration under President the hijab, and feeling unable to leave their homes Barack Obama has publicly distanced itself from the without being accompanied by a male relative. term ‘war on terror’, the phrase is still being used Those who have lost male relatives and are now by other governments and the conflicts themselves heads of households in Iraq or refugees beyond its remain. Minority Rights Group International borders, experience the double vulnerability that (MRG) has been monitoring how the various goes with such a position. Along with lives and Religious minorities impacts of ‘war on terror’ have disproportionately livelihoods, the cultures and traditions of these affected the lives of religious minorities for some peoples are now being lost, as their already small time; this chapter examines some of the main issues numbers are scattered from their ancient homeland, religious communities now face, the ramifications of to a number of different destinations, from Australia in a post-9/11 world which are certain to be felt for years to come. to Sweden. In Iraq, one of the countries that was subject to a Following the invasion of Afghanistan in 2001, US-led military intervention which was justified partly the conflict with the Taliban has spread to Pakistan. Nazila Ghanea, James A. Goldston, or wholly by ‘war on terror’ rhetoric, minorities have Amnesty International (AI) reported in 2009 that found themselves caught between sides as the result- attacks on minorities have risen there in tandem Mumtaz Lalani and Preti Taneja ing conflict has riven communities along ethnic and with the rise in religious extremism in the country. religious lines. Religious minorities, including Baha’is, For minorities caught between the Taliban and Christians, Jews, Mandaean-Sabeans, Shabaks and Pakistani troops, this has had serious consequences. Yezidis, have become the targets of violence, including MRG’s 2009 briefing paper on the country high- murder, abduction, rape and looting of homes and lights the impact this has had on religious and eth- property following the US-led invasion of the country nic minorities, including Ahmaddiyas, Christians, in 2003. Since then, many representatives of those Hindus, Pashtuns and Sikhs. The Pakistan govern- communities have spoken to MRG, reporting the ment negotiated a truce in 2009, practically ceding threats that target them on grounds of their religious the contested Swat Valley area to Tehreek-e-Nifaz- identities, and the other human rights abuses they e-Shariat-Mohammadi (TNSM), a group affiliated have suffered. In 2009, MRG reported that some- with other Taliban organizations. Sharia law was where between 15 and 64 per cent of Iraqi refugees imposed and, by January 2009, Pakistani educa- are from religious or ethnic minorities, depending tion officials estimated that over 130 schools in the on the country of refuge. Some of these communi- Swat district had been closed down, many of which ties have existed in Iraq for more than two millennia. were for girls. It was reported that a jizya or tax was Most of those refugees whom MRG has met have said being demanded from Sikhs, Christians and other that they have no plans to return to Iraq. communities to live in safety in regions including The numbers of people remaining tell a stark Orakzai Agency and the Khyber, which is on the story about the impact of the conflict in Iraq. Since main route to Afghanistan. The ceasefire did not last, 2003, the Mandaean community, which num- and in May 2009 the government launched a major bered around 30,000 in the Saddam Hussein era, military offensive against Taliban positions in Swat.

State of the World’s Minorities Religious minorities in 11 and Indigenous Peoples 2010 a post-9/11 world Over 2 million people, mostly ethnic Pashtuns, Right: Uighur men at Yang Hang mosque in fled the area due to the violence. Religious minor- Urumqi. Chinese authorities had tried to stop ity Sikhs and Christians were also displaced but Friday prayers going ahead but at the last minute tended to travel beyond the temporary camps set the doors to the mosque were opened. Xinjiang, up in the North West Frontier Province (NWFP). China, October 2009. Adam Dean/Panos. In interviews with MRG, many said demands to convert to Islam, coupled with threats of violence lated by minorities. Tibetan Buddhists who have from the Taliban had become unbearable, forcing attempted to preserve their religious and cultural them to flee. In July 2009, Agence France Presse identity by fleeing the country have been shot at; at reported that ‘non-Muslims are easy prey’ in areas of least one nun has died. Pakistan, and Christians who fled from Taliban rule Uighurs suffer curbs on their religious freedom, told MRG that their churches have been destroyed. including legal measures forbidding parents and It should be noted that although the conflicts in guardians to allow children to practise their religion. Afghanistan, Iraq and Pakistan are often reported Men with beards and women in headscarves are par- in terms of religious differences, many of the most ticular targets for state repression. affected communities see the conflicts in terms of Development practices that exclude and margin- the denial of their aspirations to self-government alize minorities in their own regions have also been and self-determination over natural resources. reported. Many minority workers from these areas States including, among others, China and Sri have been transported to work in other parts of the Lanka, which did not support the military coalitions country. This has contributed to violent clashes fighting in Afghanistan and Iraq, have nevertheless and loss of life. In 2009 protests in the capital of appropriated the rhetoric of the ‘war on terrorism’ the Xinjiang Uighur Autonomous Region (XUAR) to justify actions against minorities they believe pose led to violence between Uighurs, Han Chinese and a threat to their authority or agenda. state forces, after tensions between local people and terrorism policies on persons, especially men, surveillance activities, these centres have undertaken In Sri Lanka, Rohitha Bogallama, the then Uighur migrant workers in Guangdong, 3,000 miles believed to be Muslim or originating from a coun- raids against fast food restaurants, cafes, call cen- Foreign Minister, said in 2006, ‘The world has from the XUAR, led to deaths from both com- try with a majority Muslim population. Religious tres, bookstores and other businesses, where ‘radical joined together to denounce terrorism and [in] munities. The UK’s Guardian newspaper said these profiling is often linked to, or overlaps with, ethnic Islamists’ are thought to meet, or that are suspected accepting the need to counter it.… Zero toler- were the ‘worst … riots in modern Chinese history’. profiling. Because a person’s religion is not always of providing financial support to ‘radical Islamist ance in terms of terrorism in Sri Lanka.’ Counter- The Chinese state-owned China Daily claimed, visible, it is not always clear which ground or com- networks’. Businesses often face judicial or admin- terrorism laws were introduced by the government ‘Evidence shows Uygur separatists who orchestrated bination of grounds underlies any individual law istrative penalties, in some cases resulting in their later that year. These laws heavily and negatively the July 5 riots in Urumqi, capital of the Xinjiang enforcement decision. Nonetheless, religious profil- closure. According to official figures, the regional affected the Tamil and Muslim minorities as ethnic Uygur autonomous region, have close relations with ing is widespread. centres conducted checks in 2005 on 47 mosques minorities in the country, as well as those civil soci- the Afghanistan-based Al-Qaida.’ In the aftermath of the Christmas Day 2009 and prayer halls, 473 businesses, and 85 cafes and ety organizations working to protect and promote Minorities, particularly Muslims across the USA attempted bombing of an airliner over Detroit, call centres. While these raids have yielded scant human rights there. As the state pursued the war and Europe, have also been the targets of increased Michigan, by a Nigerian Muslim, the US authori- discernible benefit in countering terrorism, they against the LTTE or ‘Tamil Tigers’, there were controls and state powers since the 11 September ties targeted citizens of 14 countries – 13 of them have had a corrosive effect on the daily lives of incidents of violence committed against religious 2001 attacks. States’ use of controls such as religious predominantly Muslim – for special scrutiny at French Muslims. places of worship and large-scale civilian casualties profiling certainly have the potential to divide com- airports. In the United Kingdom, stops and searches (see Sri Lanka entry below). Despite the ending of munities, feed resentment and, as MRG has noted, In France, a 2009 study by the human rights law of Britons of South Asian descent – many of the conflict, and calls from MRG and others for sow the seeds for future conflict. organization, the Open Society Justice Initiative them Muslims – increased fivefold after the 2007 international pressure to be placed on Sri Lanka to (OSJI), showed that persons of African descent in attempted bombings in London and Glasgow, the end continued human rights violations, the laws Religious profiling the Paris metro were up to 11.5 times more likely to UK’s Institute for Race Relations has reported. remain in place today. By James A. Goldston be stopped by police than Caucasians, and persons In 2010, the European Court of Human Rights In China, ‘war on terrorism’ rhetoric has pro- Religious profiling involves the use of stereotypes of Middle Eastern or North African descent were (ECtHR), in striking down counter-terrorist stop vided additional cover for state-sanctioned repres- about persons perceived to profess a certain religion up to 14.8 times more likely than Caucasians to be and search powers in Britain as violating European sion against religious and ethnic minorities, and as the basis for law enforcement or intelligence singled out. Many of those stopped were Muslim, human rights norms, found that ‘[t]he available derogation from protections for those charged with action, such as stops, searches, increased scrutiny though it is not known how many. statistics show that black and Asian persons are dis- national security crimes. In the name of anti-terror- and surveillance. In recent years, the French Ministry of Interior proportionately affected by the powers’. ism, large-scale military exercises have been held in Since the 11 September 2001 attacks by al- has created special ‘regional centres to combat From 2001 to early 2003, according to the OSJI, China’s border regions – areas that are mostly popu- Qaeda, many governments have focused counter- radical Islam’, the OSJI report said. In addition to Germany undertook a massive data mining exercise

12 Religious minorities in State of the World’s Minorities State of the World’s Minorities Religious minorities in 13 a post-9/11 world and Indigenous Peoples 2010 and Indigenous Peoples 2010 a post-9/11 world that trawled through the sensitive personal data of police official who warned of the ‘very real risk’ that protecting the right to worship at all. Again, this is a particular location in order to register. The pro- 8.3 million people on the basis of a broad profile by ‘criminalizing minority communities’, through state-sanctioned through measures such as religious posed amendments were eventually declared uncon- that relied primarily on religion and ethnic origin ‘the counter-terrorism label … just at the time when registration laws. Although these laws are sometimes stitutional by Kazakhstan’s Constitutional Council, – without finding a single individual involved in we need the confidence and trust of these commu- presented as responses to security threats or as a although concerns remain that the government terrorist activities. Meanwhile, Italian police have nities, they may retreat inside themselves’. means of maintaining public order, they are increas- may try to re-institute similar amendments later in singled out mosques, and Muslim and immigrant- Moreover, when authorities treat an entire group ingly being used by states as a means to monitor and 2010. Such rules are clearly particularly burdensome owned businesses for special attention, with limited of people as presumptively suspicious, they are more control religious activity. In many cases, this can for smaller or more recently established religious if any known success. likely to overlook dangerous persons who do not fit be linked to internal political factors as well as con- groups, as well as those living in disparate locations. The Netherlands has been at the forefront in the profile. Before the 7 July 2005 London attacks, tinued fears of extremism in a post-9/11 era. Since Recent events in Azerbaijan demonstrate how Europe in developing indicators that allow local the leader of the bombers had reportedly come to 2001, a number of countries, including Azerbaijan, registration laws can impact on the freedom of actors to identify individuals in the process of radi- the attention of the intelligence services as an associ- Belarus, Kazakhstan, Serbia, Turkmenistan and religious minorities and result in a situation where calization. Religious profiling arises where these ate of other terrorist suspects. But he was not pur- Uzbekistan, have either introduced or amended members of the majority religion are able de facto efforts conflate an alleged proclivity to violence with sued because he ‘did not tick enough of the boxes in their religious registration laws. Without exception, to deny registration of minority groups. Azerbaijan changes in manifestations of religious belief – such the pre-July profile of the terror suspect’, The Times these amendments have made it more difficult for is a Muslim majority country with Armenian, Avar, as a man of Arab origin who suddenly acquires more newspaper, a British national daily, reported. some religious communities, particularly religious Jewish, Lezgin, Russian, Talysh and other smaller traditionally religious approaches to hair style, dress, Stops and searches conducted under counter- minorities, to officially register with the state. In the minorities. Under Azerbaijan’s new Religion Law, mosque attendance or physical contact with women terrorism laws in Europe have produced few terror- context of a post-9/11 world, it is worth reviewing which was introduced in May 2009, all religious in public. Although Dutch officials have taken pains ism charges and no convictions. Studies in Britain, just what those laws mean and how they impact on communities were required to re-register before to avoid the inclusion of ethnicity or nationality as the Netherlands, Sweden and the US by organiza- minorities worldwide. the 1 January 2010 deadline or face withdrawal of suspicious criteria, the indicators developed often tions including OSJI, the University of Chicago Law official status and liquidation by the courts. Forum focus on individuals who are becoming more strict Review and others have concluded that ethnic profil- Religious registration 18 News Service reported that more than four-fifths in their practice of Islam. ing wastes time and money. By Mumtaz Lalani of religious communities were unable to receive re- Religious profiling is contrary to international There are many things governments should do Religious registration laws require that religious registration through the State Committee for Work law, which prohibits discrimination on grounds to counter the threat of indiscriminate violence, organizations and/or religious communities register with Religious Organizations which conducted the of (actual or perceived) religious belief in relation including improved coordination among intel- with the appropriate government body in order registrations. Forum 18 reported that only commu- to the administration of justice and policing. But ligence agencies, speeding up the distribution of to gain legal recognition as a religious group by nities affiliated with the Caucasian Muslim Board profiling is not just illegal; it is counter-productive. information, hardening potential targets, and giv- the state. Such laws can be found in a number of were eligible to apply for registration and that non- The problem with profiling is that, strange though ing intelligence and law enforcement agencies more countries, including Armenia, Azerbaijan, Belarus, Muslim communities had complained that officials it may seem, the authorities do not know whom to consistent ability and resources to carry out the often Georgia, Latvia, Macedonia, Mongolia, Russia, responsible for conducting registration had attempt- profile. Not all terrorists are Muslims. And even if painstaking investigative work required to apprehend Serbia and the five former Soviet republics of ed to force some communities to impose restrictions they were, not all Muslims look alike, nor do they and convict persons of terrorist acts. But perhaps Central Asia. on their religious activities. come from the same place. The ‘shoe bomber’, who most important, governments should end profiling. Rules of registration vary significantly from coun- Religious registration laws can also have an in December 2001 sought unsuccessfully to bring When the US Customs Agency removed an ethni- try to country but frequently entail complicated reg- impact at the local level and can empower local down an airliner flying between Paris and Miami, cally based drug courier profile that was targeting istration procedures, along with various restrictions officials to discriminate against particular religious was a UK national. One of the men responsible for African-American and Hispanic women, it more on the size and type of religious groups that are or faith groups making it more difficult for them the 7 July 2005 bombings in London was a natu- than doubled the frequency of contraband detection, able to register. For example, some states have made to register. In Mongolia, where Buddhism is the ralized UK citizen of African-Caribbean origin. A its own report found. Police units in Spain that insti- it more difficult, or even impossible, for religious majority religion, local officials shut down several Moroccan national was found responsible for the tuted data-gathering to monitor profiling tripled the communities that are non-monotheistic to register. churches in Erdenet, Northern Mongolia, in July 2004 attack on Madrid’s central train station. The number of stops which yielded an arrest or other law In Serbia, ‘traditional’ religious communities such 2009 for lack of registration and also threatened to 2002 Bali bombers were Indonesian. enforcement outcome, the OSJI said. as the Serbian Orthodox Church receive automatic confiscate the property of another church, despite A British government report has acknowledged, Religion has long served as a tempting if inac- registration while other religious communities having made it extremely difficult for the churches ‘There is not a consistent profile to help identify curate lightning rod for law enforcement scrutiny. such as Baha’is and Hare Krishnas continue to be to register in the first place. After significant advo- who may be vulnerable to radicalization.’ A 2005 In recent years, the harm of religious profiling, and denied registration. In other instances, restrictions cacy by the US-based Becket Fund, the government French parliamentary report reached a similar con- the benefits of curtailing it, have grown increasingly on minimum membership levels are put in place has reversed its position and the church resumed clusion. Far from contributing to the fight against clear. The challenge is to ground policing policy and meaning that there must be a minimum number of services in December 2009. indiscriminate violence, profiling reduces security by practice in evidence, not prejudice. p followers of the religious community in a particular In addition to being unable to hold religious serv- alienating some of the very communities that serve location in order for them to be able to register. For ices when groups fail to obtain official registration as sources of intelligence. Many law enforcement While profiling has disproportionately targeted example, the 2008 draft Religion Law in Kazakhstan documents, members of religious groups are often professionals understand these dangers. Thus, it was Muslims, for non-Muslim minorities in some parts proposed that religious associations had to have at subject to significant harassment and in some cases not a human rights advocate, but a senior European of the world the struggle has increasingly become least 50 (increased from 10) registered members in police raids. In December 2009, the Path of Faith

14 Religious minorities in State of the World’s Minorities State of the World’s Minorities Religious minorities in 15 a post-9/11 world and Indigenous Peoples 2010 and Indigenous Peoples 2010 a post-9/11 world church in Dashoguz, Turkmenistan, was raided by lications and speeches considered offensive by some the turban. In March 2008, three major Danish of a new organization – the Democratic Muslims police and religious affairs officials during Sunday minorities, or, more accurately, declared offensive newspapers reprinted that cartoon in response to in Denmark – dedicated to offering a moderate worship. Church members were questioned, litera- by a few members in the name of the group as a this particular plot. In the same year, there was a political voice for Muslims committed to the ture was confiscated and the church’s activities were whole. These forms of expression have faced a vari- bombing outside the Danish Embassy in Pakistan, compatibility of democracy with Islam. The declared illegal without registration. Even in cases ety of defamation laws, press laws and policies, and which killed eight people. Al-Qaeda claimed respon- Camden Principles on Freedom of Expression where minority or ‘non-traditional’ religious groups blasphemy laws according to the national context in sibility for this incident, asserting that it was carried and Equality, put forward by the NGO Article are able to obtain registration, they are sometimes which they are challenged. out in revenge for the drawings. 19 after a wide consultation with experts, call on still affected by discriminatory treatment closely But a seeming clash of these two rights perhaps The saga also came to the surface on a number the mass media to take steps ‘as a moral and social related to registration laws. In Serbia, for example, over-simplifies the issues at stake. The right to of occasions more recently, not least in late 2009 responsibility’ to, ‘seek a multiplicity of sources and parliament passed a decision in January 2009, which equality and non-discrimination also comes into in relation to Yale University Press and at the voices within different communities, rather than made ‘traditional’ religious communities, who play, as does respect for diversity. beginning of 2010 with an attempted assault in representing communities as monolithic blocks’. receive automatic registration, exempt from paying A key case that came to define these issues in the Denmark. In finalizing the publication of Jytte On the one hand, in some countries of the glo- administrative taxes, while ‘non-traditional’ groups mid-2000s was the Prophet Muhammad cartoon Klausen’s book The Cartoons that Shook the World, bal North, the cartoon controversy has served as a not only have to apply for registration but are also controversy, which originated in Denmark and, Yale University Press stated that it had consulted platform for questioning the loyalties of religious expected to pay this tax. like the Rushdie controversy of the 1980s, escalated over 20 security, Islam and counter-terrorism minorities to the state and their alleged inability to At present, many religious registration procedures beyond national and regional borders into a full- experts on whether or not to print the cartoons uphold so-called ‘European’ values. On the other are applied in a discriminatory manner against cer- blown international crisis. in the book. Yale University Press was insistent hand, in some Muslim states, the protests have tain religious minorities. Freedom of religious belief that its resulting decision to withdraw the images fuelled an anti-Western frenzy that projects non- should not be limited to ‘traditional’ or dominant Religious minorities and the cartoon from publication was out of concern for deadly Muslims as alien and jeopardizes their rights. The religious groups. Rather, as indicated by the UN controversy violence rather than hindrance of free speech. On 1 rights and protections with regard to minorities Special Rapporteur on freedom of religion or belief, By Nazila Ghanea January 2010 the Danish police shot and wounded remain, however, and states are bound by them. Asma Jahangir, in her 2009 summary of cases sub- The controversy started in September 2005, a 27-year-old man who was armed with a knife and The rights of religious minorities include mitted to governments, religious registration pro- when the Danish daily newspaper Jyllands-Posten axe. He had reportedly broken into the home of freedom of religion or belief, and particularly the cedures should be brief and simple and should not published 12 cartoons caricaturing the Prophet Kurt Westergaard and threatened to kill him. right to manifest religion or belief in association be dependent either on reviews of the substantive Muhammad, which had been submitted by a Controversies such as this one are fuelled by with others, and the objectives of both non- content of the belief or on extensive formal require- number of artists. As the political scientist Christian expressions of ‘offence’ in the name of religious discrimination and equality. What minority rights ments. Registration laws should be legislated merely Rostboll has noted, they were published under the minorities. However, it should not be forgotten that add to the rights affirmed regarding manifestation for the acquisition of a legal personality and related heading ‘The Face of Muhammad’, with the stated the respective religious minorities may also have of religion or belief in association with others benefits and should not be a precondition for aim to ‘push back self-imposed limits on expres- been politically instrumentalized without consulta- includes the distinctive protection offered, practising one’s religion. The UN Human Rights sion’ and teach the Danish Muslim minority that tion, and may indeed be rendered more vulnerable the duties specified and the thresholds for the Council (HRC) should play an important role in in Danish secular society, ‘one must be prepared as a result of such incidents. The very rationale fulfilment of those rights. By way of example, monitoring and evaluating the implementation of to put up with scorn, mockery, and ridicule’. The behind the competition inviting the submission to minority rights recognize the need for the survival religious registration laws, noting particularly the subsequent protests and violence, some of which the cartoons had been to teach the Danish Muslim of group characteristics and offer clarity on the impact of such laws on minority and so-called ‘non- took place months and even years after the publica- minority community a lesson. In this instance, positive measures of protection required of states. traditional’ religious groups, and providing recom- tions, have resulted in over 200 deaths, injuries, tensions around ensuring the enjoyment of collec- Human rights discussions on the cartoon con- mendations to ensure that their freedom of religion the burning of embassies and churches, and clashes tive minority rights are heightened and the already troversy have been prone to reading it merely as a is being appropriately safeguarded. p with police in Europe, the Middle East, Africa and tenuous status of minority communities jeopardized clash between freedom of expression and freedom even Hong Kong. Some argue that the key reason further. This has particularly been the case for newly of religion or belief. However, there is a much It is clear from the analysis above that events of the for the aggravation of the crisis was the refusal arrived minority groups. broader balancing that can come into play in such last eight years have made it increasingly impor- by the then Danish Prime Minister Anders Fogh Regarding religious minorities, public and scenarios, taking into account minority rights, tant to affirm and protect the right to freedom of Rasmussen to meet with a group of diplomats from governmental disquiet with the manifestation of individual and collective rights, and equality and religion. For minorities this is particularly urgent. Muslim countries in October 2005. According to religion or belief in public has increased. Some non-discrimination rights as well. What is often But this increasing need has also presented signifi- Rostboll, he did so on the grounds of the values of media and politicians are prone to presenting neglected is the relationship of this matter with cant and specific challenges to the human rights Enlightenment and the principle of free expression, religious minority communities as monolithic, questions such as: respect for diversity and equality framework, particularly where, as in some Northern on which ‘we cannot give one millimetre’. The vio- and all religious ‘demands’ as being unitary. for people of diverse cultures; censorship versus self- hemisphere countries, the protection of freedom of lence resurfaced on a number of occasions in subse- Nevertheless, this is rarely the case. In the example restraint; whether free speech by some may silence religion is sometimes portrayed as running counter quent years. In 2008 three men were arrested by the at hand, even the Danish Muslim community the expression of identity by others; conceptions of to other human rights such as freedom of expres- Danish intelligence services for plotting to murder itself had varying reactions to the publication of democracy and the value of pluralism; the causing sion. There have been numerous controversies Kurt Westergaard, the artist behind the most con- the cartoons. One Danish Muslim group, for and the taking of offence by individuals and minori- around the world over cartoons, plays, adverts, pub- troversial of the 12 cartoons, that of the bomb in example, responded by spearheading the creation ties; the legitimacy and authority of those who speak

16 Religious minorities in State of the World’s Minorities State of the World’s Minorities Religious minorities in 17 a post-9/11 world and Indigenous Peoples 2010 and Indigenous Peoples 2010 a post-9/11 world in the name of religious minorities; disquiet with violence and persecution against minority groups any activity that aims to destroy the rights of oth- Millennium Development Goals (MDGs) could be ‘otherness’ and the integration of migrants; and the offers a useful indicator. Arguably, therefore, Article ers, including their right to free expression. All in better used to address the discrimination that leads need for vigorous public debates in order to ensure 20 of the ICCPR should be read not only in rela- all, and as the Camden Principles on Freedom of to the grinding poverty and the deep-seated exclu- a fuller understanding of the freedoms of expression tion to Article 19 addressing freedom of expression, Expression and Equality note, ‘States should estab- sion that many minorities face, as Chapter 3 shows. as well as religion or belief. but also Article 26 addressing non-discrimination lish a clear legal and policy framework for combat- What is clear throughout this book is that the pro- In the UN, a highly polarized debate over the and Article 27 addressing minority rights. ing discrimination in its various forms, including tection and promotion of the rights of minorities past decade has been concerned with whether to The qualifier that comes with such a reading of harassment, and for realizing the right to equality, and indigenous peoples are in the best interests of craft a new ban on the ‘defamation of religion’ in Articles 20 and 27 is that the objectives of minor- including in relation to freedom of expression.’ society at large. The international community and international human rights. Since 1999, this matter ity rights should not be forgotten. This calls for As the cartoon controversies continue to create bodies such as the HRC have a stronger role to play has been addressed under various agenda items a consideration of the self-identification and free new victims, it is worth revisiting the richness and in, for example, monitoring and evaluating how including: racial intolerance, freedom of expression, expression of individuals belonging to minority balance of the human rights framework, not least the rights of religious minorities are safeguarded. freedom of religion or belief, ‘complementarity of groups, their freedom of religion or belief and free as captured within the ICCPR. This debate should Minority rights can also be drawn on to ensure standards’, the World Conference against Racism expression, their duty to not ‘engage in any activity not be solely preoccupied with the question of effective rule of law that addresses security without in Durban, hate speech and incitement, and the or perform any act aimed at the destruction of any whether freedom of the press should be unhindered targeting a particular community. Discrimination, relationship between Articles 19 and 20 of the [ICCPR] … rights and freedoms’ (see Article 5.1 or constrained. As has been suggested, a much including with regard to property rights, land rights International Covenant on Civil and Political of the ICCPR). These qualifiers, therefore, suggest wider human rights assessment is required. In this and participation in decision-making, should be Rights (ICCPR). caution with regard to the simple trumping of one regard, a full respect for the rights of religious addressed if equality is to be achieved within states’ The vulnerability of minorities means that there right over another – such as the prohibition of hate minorities would contribute to defusing, not fuel- borders. States need to ensure the survival and should be particular vigilance in relation to hate speech over free expression, or indeed of free expres- ling, this crisis. continued development of minorities, ‘develop- speech that targets them. They require special sion over minority rights. ment’ being not only internal to the group but also consideration in relation to the duty imposed on Individuals (including those belonging to minori- Ways forward including healthy association and effective partici- state parties through Article 20 of the ICCPR, ties) have the right to live without discrimination The human cost of the ‘war on terror’ has been pation with society at large. Minorities should be which states, ‘1. Any propaganda for war shall be and free of hate speech which ‘constitutes incite- immense. Whether caught in countries that have consulted fully and openly on matters of concern to prohibited by law. 2. Any advocacy of national, ment to discrimination, hostility or violence’. been targeted by the US-led military interventions, them and their existence protected and celebrated. racial or religious hatred that constitutes incitement Individuals (including those belonging to minori- whether living in countries where governments have Almost a decade on from the 9/11 attacks, the to discrimination, hostility or violence shall be ties) should enjoy free expression and freedom of launched their own ‘wars on terrorism’, whether continued exclusion, repression and penalization of prohibited by law.’ Although there is no explicit religion or belief. These rights encompass the right targeted by discriminatory registration policies or religious minorities must be checked. p mention of minorities in paragraph 2 of the article, to manifest that religion or belief in association with police profiling as a potential threat on account of the UN Human Rights Committee, in its General others and to define themselves as belonging to a one’s religious beliefs, or whether targeted by reli- Comment 11 on Article 20, observed that Article religious minority community. They also include gious extremists, minority civilians continue to bear 20 places an obligation on state parties ‘to adopt the right for persons belonging to minorities to a disproportionate share of the impact. Although the necessary legislative measures prohibiting change their religion or belief, and to not declare 2009 might seem to have marked a turning-point, the actions referred to therein’, by showing that their minority status. when the ‘war on terror’ rhetoric finally fell from they have been ‘prohibited in law’, or showing The right to adopt a religion or belief of one’s the headlines and US troops withdrew from Iraqi that ‘appropriate efforts intended or made to choice would necessitate the tolerance of discussions cities, the damage to minority communities world- prohibit them’ have been made. According to the that may challenge one’s religious or other beliefs. wide has already been done. Committee, full and effective compliance with Articles 18 or 27 do not demand observance of or What are the ways forward in this new climate this obligation requires ‘a law making it clear that obedience to the religious laws or beliefs of oth- of explicit cultural and legalized suspicion? A more propaganda and advocacy as described therein are ers – in this instance, the Islamic prohibition on the integrated approach to minority rights by states contrary to public policy and providing for an depiction of the Prophet Muhammad. However, that have signed up to the international human appropriate sanction in case of violation’. they do require that ‘no one shall be subject to rights framework is at the core of MRG’s work The requisite threshold for hate speech as quali- coercion which would impair his freedom to have or on conflict prevention. This includes identifying fied in Article 20 is conditioned by that which ‘con- to adopt a religion or belief of his choice’ and that harmful state practices and countering discrimina- stitutes incitement to discrimination, hostility or minorities ‘not be denied the right, in community tion, with special focus on multiple forms of dis- violence’. It should be noted that the advocacy of with the other members of their group, to … pro- crimination, for example against minority women. hatred constituting incitement is more specific than fess and practise their own religion’. The intolerance As discussed in Chapter 2 of this book, interfaith any expression that may be deemed discriminatory, and prejudice in a particular society may escalate to dialogue can provide a practical way to address ten- in this case in relation to religious minorities. When such a severe level that they extirpate the right to sions that exist in the aftermath of violence and to assessing the higher thresholds of incitement to hos- profess religion or belief. Finally, neither individuals avoid future problems. In terms of root causes of tility and violence, therefore, the history of religious belonging to minorities or majorities may engage in conflict, frameworks offered by, for example, the

18 Religious minorities in State of the World’s Minorities State of the World’s Minorities Religious minorities in 19 a post-9/11 world and Indigenous Peoples 2010 and Indigenous Peoples 2010 a post-9/11 world ‘There will be no peace among the nations without Sarasi, crying now, stopped speaking and the peace among the religions. There will be no peace room was silent for a beat, before a young monk among the religions without dialogue among the reli- raised his hand. The monk noted that it hurt his gions.’ Dr Hans Küng, 31 March 2005, at the open- heart that the figure of Buddha could elicit this sort ing of an exhibit on the world’s religions at Santa of fear of domination and might be used to express Clara University this sort of sentiment. We have to understand this perception, the monk said, and ensure that our n a bright air-conditioned room outside of religions fuel compassion and respect, not fear and Polonnoruwa in north-central Sri Lanka, Sarasi, domination. I a small Hindu Tamil woman with a long braid The exchange was remarkable for its honesty. of hair falling down the back of her dark pink kurti,­ For the first days of the gathering, the conversation stood before a diverse group of religious men. Many had been tentative – the participants seeking not were Buddhist monks from the Sinhala majority. to offend others, and so avoiding sensitive subjects, Sri Lanka today faces a vulnerable transition, exhibiting denial and defensiveness. By the third after decades of bloody civil conflict fought between and fourth days, as this exchange demonstrated, the the government and the armed Tamil separatist participants had found the means to speak to each movement, the Liberation Tigers of Tamil Eelam other with honesty, and to respond with compassion (LTTE). The defeat of the LTTE and the end of and acknowledgement rather than defensiveness, the fighting occurred only months before the meet- seeking to understand the perspectives and experi- ing took place. For three days, Sarasi observed these ences of other communities. The result was a tenta- Engaging across religious figures participate in facilitated interfaith tive relationship of trust that the group pledged to dialogue addressing reconciliation, justice and build on, in order to identify and mobilize around coexistence in Sri Lanka. Over meals, she herself issues of justice. engaged in conversation with participants on these Interfaith dialogue is increasingly offered as a divides: interfaith issues – all of them of central importance and elicit- concrete means to bridge inter-communal divides, ing strong emotions. build coalitions, and challenge the social-psycho- Haltingly and softly, Sarasi expressed to the meet- logical dynamics that can fuel warfare and injustice. ing how powerful it was to have witnessed religious Interfaith dialogue can be a particularly useful tool dialogue for peace figures, revered social actors in Sri Lanka’s deeply for building awareness among majority communities faithful society, engage across traditional religious about the experiences and needs of minorities, and and ethnic divides. It matters, Sarasi stated, because for bringing simmering tensions to the surface and religion holds symbolic power in our (Sri Lankan) addressing them in a potentially constructive manner. and justice divides, despite the common ground and mutual It can also be useful as a means to prevent conflict respect between our religions. Sarasi spoke of her by strengthening relationships between communities Hindu community’s respect for the Buddha. He is a and thereby decreasing the potential for communal Susan Hayward teacher to us, she asserted. divides to become fault-lines of violence. Particularly in places where religion is fuelling inter-communal ‘In our temples in the North, you will find the violence and exclusion, interfaith dialogue, when Buddha alongside Hindu gods and goddesses. We strategically designed and carefully implemented, can revere him for his wisdom and his compassion. And be used alongside other peace- and justice-making yet last year, when a Buddhist statue was erected techniques to challenge and transform dynamics in the middle of Killinochi [a town inhabited by driving injustice and conflict. Interfaith dialogue can Tamils and the most recent home-base of the LTTE], strengthen cultural and institutional commitments we knew that it was a political statement. There to religious, ethnic, racial and communal pluralism. are no Buddhists living in Killinochi. This statue’s This chapter will seek to highlight the opportunities arrival felt like the Sinhala Buddhist community offered by interfaith dialogue, as well as its limits, as a asserting its claim to this town. It sparked suspicion means to raise awareness about minority rights and as and anger, fuelled mistrust in the government and a tool for conflict prevention. the intentions of the Sinhalese in the newly captured What is meant by interfaith dialogue? Certainly north of the country.’ there is a great deal of informal interfaith conversa-

State of the World’s Minorities Engaging across divides: interfaith 21 and Indigenous Peoples 2009 dialogue for peace and justice tion that occurs in environments in which those lowing 9/11. It was also done out of a sheer desire munities, but also the different positions that have Forum on Interfaith Cooperation for Peace and the of different faiths can engage with one another in to articulate an alternative Islam to that espoused by been reached through ethical and theological or Alliance of Civilizations, confirm the worth of inter- routine and ordinary ways – at work, in the market, those Muslims who had orchestrated and carried out philosophical discernment. Participants are pushed faith dialogue as a tool for peace-building. Similarly, at social gatherings and so forth. These everyday the events of 9/11. On the part of the participating to observe how their behaviour is or is not living the Asian-Europe Meeting (ASEM) has incorpo- encounters across faith-divides are valuable but not non-Muslim communities, there was oftentimes a up to their ideals, and the effect of their actions rated inter-religious dialogue as part of its work and equivalent to the practice of interfaith dialogue, genuine interest in learning more about Islam fol- on others, which may differ from their inten- has issued several statements over the past years with as it is used for peace- and justice-making. When lowing the attacks. Copies of the Qur’an flew off tions. Exclusive and/or competing truth claims are recommendations to participant states for actions to employed as a tool or strategic practice, interfaith the bookshelves, and local churches and synagogues addressed and understood. At this level, participants promote peaceful religious coexistence. In October dialogue refers to facilitated discussions on specific reached out to mosques in their community, seeking come to understand not only other faiths, but their 2007, the then Organisation for the Security and topics held between members of different faith com- to engage and to understand. own more intimately. Real personal and communal Co-operation in Europe (OSCE) Chairman-in- munities, with an expressed objective or objectives. According to the Professor of Catholic Thought transformation can take place. After all, as Cardinal Office, Spanish Foreign Minister Miguel Angel These objectives can include building mutual and Inter-Religious Dialogue at Temple University, Francis Arinze has said, ‘Religion is one of the deep- Moratinos, asserted that open dialogue among peo- understanding and acceptance, correcting stereo- Leonard Swidler, interfaith dialogue operates in est motive forces of human action. Our religious ple of all faiths and cultures is ‘necessary to combat types, and building relationships in order to address three areas: ‘the practical, where we collaborate to convictions, attitudes, sensitivities and prejudices do intolerance and discrimination against Muslims’, an common problems. The goal is not to convert, to help humanity; the depth or “spiritual” dimen- influence to a great extent our approach to the ques- issue of current debate in Europe. assert the superiority of one faith or to conflate dif- sion, where we attempt to experience the partner’s tions of the day.’ In other words, when tapping into This embrace of interfaith dialogue stems from ferent religions (diluting them into one common religion or ideology “from within”; [and] the cogni- individuals’ religious beliefs and sentiments, peace- a collective recognition that ignorance and fear can denominator), but to appreciate similarities and tive, where we seek understanding [of] the truth’. makers work at a level that is highly persuasive with often stymie healthy inter-communal relationships differences between religions and for participants Through dialogue and coming to understand one respect to the determination of one’s behaviour and and undermine policies seeking to promote plural- to understand how their faith shapes their positions another, religious pluralism may take root that attitudes. When dialogue goes well, allowing partici- ism. Interfaith dialogue, then, can be a means to on particular issues. In other words, participants in allows religious traditions to coexist and for people pants to engage with other perspectives and reach bolster policies protecting and promoting minority these dialogues use their religious faith and tradition of faith not to feel threatened by the religious beliefs greater mutual respect and understanding, signifi- rights and multiculturalism in diverse societies. If not only to build relationships, but as doorways into of those belonging to other communities. At the cant positive change can result. pluralism is understood to be an environment in discussions about central social and political con- heart of this is a presumption that, through sustain- Beyond the specific expressed goals of individual which diverse religions live side by side with mutual cerns driving inter-communal conflict. The purpose able and respectful relationships based on dialogue interfaith dialogues (e.g. environmental care, respect and open engagement (in contrast to mere is not to debate in the sense that one side seeks to and engagement, conflicts resulting from or exac- women’s human rights, etc.), wider and more religious tolerance, in which a religious community ‘win’ an argument by aggressively challenging or erbated by fear, disrespect and misunderstanding cumulative dialogues are increasingly espoused by ‘puts up with’ other religions but does not neces- seeking to delegitimize the viewpoint of another, between communities are less likely to occur, and, governments, international organizations, non- sarily respect and engage with them, or to strongly but rather to interact respectfully with the purpose when they do, are less likely to devolve into vio- governmental organizations (NGOs), academic secular societies in which religious practice and of hearing and understanding the other’s perspec- lence. For example, in his study Ethnic Conflict and institutions and religious communities, as an identity are disrespected or even suppressed), then tive, and so finding ways forward. Civic Life: Hindus and Muslims in India, Ashutosh important means to promote pluralism, and to interfaith dialogue serves to encourage pluralistic In the United States, there was a surge in the Varshney analysed the inverse correlation between decrease bias and bigotry that can lead to hate environments by facilitating individual contact popularity of interfaith dialogue following the events the existence of integrated Muslim–Hindu networks crimes, violence and discrimination. and relationship-building, allowing participants to of 11 September 2001. This serves as a poignant for civic engagement, such as professional organi- The governments of Jordan and Saudi Arabia, transcend doctrinal differences. All may not agree example of the positive influence of this practice zations, and the degree of inter-ethnic violence among other governments in the Arab world, hosted with one another at the conclusion of an interfaith in promoting peaceful and respectful coexistence in India. It showed that in Indian cities where large international interfaith dialogue meetings in dialogue session, but ideally most participants will between religious majority and minority groups liv- Muslims and Hindus have opportunities to engage 2009. The two countries also have national institu- understand and appreciate the different viewpoints ing side by side, particularly in moments of social regularly with one another, there is less likelihood of tions mandated to promote interfaith dialogue, of others. Most importantly, participants may and political tension. The minority Muslim com- inter-communal violence breaking out in the face of including Jordan’s Royal Institute for Interfaith recognize one another’s dignity and so be subse- munity reached out to other religious communities political, economic or social disruptions. Studies and Saudi Arabia’s Royal Aal al-Bayt quently committed to finding ways to live peaceably in the aftermath of the crisis, particularly the major- Effective interfaith dialogue moves participants Institute for Islamic Thought, which helped facili- together and to develop rights-respecting policies ity Christian community, opening up their mosques beyond superficial levels of engagement, namely tate the launch of ‘A Common Word’ initiative, a that do not infringe on the world view and practices to visitors, inviting those of other religions to iftar mere platitudes seeking to avoid offending anyone global Muslim/Christian dialogue. US President of particular communities (as long as those practices dinners during Ramadan, and inviting dialogue or a series of speeches offered, between which there Barack Obama spoke favourably of interfaith do not cause harm to others). This can go a long as a means to educate communities on Islam. The is little conversation, and into a more profound dialogue in his 2009 speech in Cairo, address- way in challenging negative stereotypes and biases purpose was to combat popular false interpretations interaction in which participants can honestly reflect ing the Islamic world. The UN General Assembly held by the participants themselves, and will also, and fears of Islam, and to transcend the isolation on and struggle together over potentially sensitive Resolutions 58/128, 59/23, 60/10 and 61/221 all ideally, grant them the ability to recognize and of many immigrant communities. This was done and provocative issues. At this level of discussion, call for inter-religious dialogue and cooperation confront negative stereotypes and biases in their in response, in part, to verbal and physical attacks participants tackle not only the common views as a necessary means to promote a global culture communities. This is important in so far as negative against Islam, Muslims and mosques in the US fol- shared between the traditions of different faith com- of peace. Other UN fora, including the Tripartite stereotyping and bias can create an environment in

22 Engaging across divides: interfaith State of the World’s Minorities State of the World’s Minorities Engaging across divides: interfaith 23 dialogue for peace and justice and Indigenous Peoples 2010 and Indigenous Peoples 2010 dialogue for peace and justice Left: The hospital chaplain visits a patient at and world views of those in conflict, in order to Nazareth Hospital where Christian, Jewish discover how to engage and encourage more positive and Muslim doctors work together. Robin interpretations. This can guide warring communi- Hammond/Panos. ties towards understanding, through the language of religion, how the enemy can be seen afresh, in a violations are morally legitimized as necessary to manner that will not collapse the entire meaning or achieve a sacred end). Thus, a political dispute is structure of one’s own faith tradition. transformed into a religious activity in popular con- For both Appelby and Gopin, the key to coun- sciousness. In response to these dynamics, scholars teracting the destructive role of religion in fuelling such as Appleby acknowledge the ambivalence about violence is found within the religious traditions violence inherent in many religions, and call for themselves, rather than through eschewing religion programmes that can tap the sentiment that religion in favour of purely secular practices. Essentially, manifests and apply that zeal towards peace-building they postulate that in those places where community rather than warfare. To do so, he argues for greater members are interpreting their political and social resources in religious education being applied realities in part or in whole through a religious lens, towards moral and philosophical commitments to those seeking to promote pro-social behaviour and pro-social values, including peace and tolerance. attitudes will need to speak to them in their own Through greater understanding of the religious interpretive language. This will not only address commitments to peace that can be found in all the them where they are at, but will also counteract and major faith traditions, Appleby speaks of creating challenge exclusivist and violent interpretations. a movement of peace and non-violent resistance Luckily, there is a great deal of material within reli- committed to these values, motivated by spiritual gious traditions that can be drawn upon for conflict sentiment, and able to counter violent or unjust reli- prevention, resolution and reconciliation. Religious gious movements. In so doing, religious leaders can leaders, teachings, values and institutions can all be become social critics, advocates of the oppressed and marshalled in these efforts. And this is where inter- monitors of rising conflict. faith dialogue can be used for peace- and justice- Scholar Marc Gopin presents religion’s role in making. Interfaith dialogue is not the only, or even which violence and oppression of particular groups predilections course through different faith tradi- conflict as a means by which individuals in a faith the primary, form of religious peace-making (which can take place. tions, claiming that one’s own tradition is the community interpret their reality and the struggles encompasses such initiatives as religious leaders serv- Interfaith dialogue can be used at different levels only or best means to attain salvation; these can they face. Gopin draws on his experience working ing as local and national mediators, or conflict reso- of society, targeting grassroots communities and create a foundational basis for superiority that can in Israel and the Occupied Palestinian Territories lution training in religious schools and institutions), local leaders, as well as intermediate or senior-level subsequently be drawn upon to legitimate repres- (OPT) as a participant in conflict resolution proc- but it is perhaps the most well-known and practised. leadership (clergy, academics, policy-makers, etc.). sive behaviour towards others. Exclusive claims to esses that include religious leaders from all sides At those times when political, social or economic It can be a one-off event but is best done as a sus- salvation are not necessary, however, for religion to of the conflict. In the face of extraordinary suffer- tensions arise, dialogue mechanisms allow for tained series of dialogues. The dialogues can address be drawn upon to justify violence. Myth, scriptural ing and insecurity, many individuals use religious conflicts to be addressed, misunderstandings cor- theological issues (e.g. the after-life, or the nature of mandate and religious rhetoric used to legitimate beliefs, stories, values and sentiment to understand rected and solutions negotiated, before large-scale God(s) or Truth), general social and political issues some goal, as well as the violence used to achieve it, their situation, define their interests and goals, and violence breaks out. Former Norwegian Prime (e.g. what religions teach about human rights or are dynamics witnessed in many conflict zones. mobilize continued energy for their own struggles. Minister Kjell Bondevik spoke in 2009 at a meet- governance), and pertinent shared challenges (e.g. In his work, scholar Scott Appleby explores how Gopin recognizes that the crux of the greatest ing of the Common Word Initiative, a global climate change, local/national/global conflicts). ethno-nationalist movements seeking self-legitima- conflicts in the modern world is the age-old tension Muslim–Christian dialogue project. At this meeting, Interfaith dialogue can be done for dialogue’s sake tion and mobilization have used religious resources. between integration (and globalization) and main- Bondevik recounted how the cartoons published (to build relationships and mutual understanding), Appleby asserts that the suppression of the religious taining uniqueness. He argues that a peaceful reli- in Denmark in 2005 that caused outrage amongst or it can lead to collective action taken to rectify a sphere in some regions during the twentieth century gion is one that maintains a solid sense of identity Muslim communities were similarly published particular social or political problem. made faith vulnerable to usurpation by nationalist alongside and with respect for other traditions. As in Norway. In Norway, however, there had been forces seeking to exploit religious symbols, language such, an element of religious peace-building should sustained interfaith dialogue in the years preced- Interfaith dialogue as a tool for con- and causes. These violent nationalist forces have entail finding the resources within each religion ing. Bondevik noted that, when the cartoons were flict prevention mobilized deep-seated religious experience and to promote this form of identity as opposed to an published, Christian, Muslim, and other religious Unfortunately, it is all too common that religion motivation and applied them to political ends, cre- exclusivist and violent religious identity. This leads and political leaders immediately came together, serves as a factor driving or legitimating violence ating religious commitments to achieving political to the suggestion for peace-makers (both religious and responded to the emerging crisis constructively. and injustice against other communities. Exclusivist goals through whatever means necessary (i.e. ethical and secular) to immerse themselves in the traditions This may have been part of the reason why the

24 Engaging across divides: interfaith State of the World’s Minorities State of the World’s Minorities Engaging across divides: interfaith 25 dialogue for peace and justice and Indigenous Peoples 2010 and Indigenous Peoples 2010 dialogue for peace and justice controversy did not erupt into the level of crisis wit- religious leaders from the majority Sinhala Buddhist underpinnings of human rights regarding inherent consider how to design, prepare for, and conduct an nessed in Denmark, argued Bondevik, where there and minority Tamil Hindu, Christian (encompass- individual dignity. When the Universal Declaration interfaith dialogue session so as to ensure its success. was less history of interfaith dialogue and therefore ing both Sinhala and Tamil ethnicities) and Muslim of Human Rights (UDHR) or minority rights fewer avenues for, and less trust between, leaders communities from the south and east of the island. principles are examined alongside religious teach- p Establish ground-rules. Prior to delving into the from the two communities to address the crisis Because of the decades of conflict, many of these ings, participants may recognize the sources of dialogue itself, participants should establish a set expeditiously before it escalated. Similarly, when the participants had not had many opportunities for these legal proclamations within their own cultures of ground-rules that will create an atmosphere Christian community in Kirkuk, Iraq was attacked meaningful interaction across their identity divides. and traditions, and critically examine where there in which all feel safe to speak openly, and which in April 2009, participants from an interfaith dia- This is especially true concerning Tamils in the may be tensions between international law and encourages active and respectful listening to one logue session held the previous month led a delega- north. He continued: religious beliefs. When conducted among grassroots another. tion of Sunni and Shia religious figures, who visited communities, interfaith dialogue can in this way p Use secondary or inclusive language. Facilitators local Christian leaders to express remorse, and to ‘As a result of these three days, I feel they have really popularize human rights norms in the wider com- should model and encourage participants to use ascertain how to reduce violence in the region and come to hear me and to understand and appreciate my munity, extending the work of creating norms of language that does not demean other religious promote religious coexistence. They subsequently community’s perspective. We cannot secure minority inter-communal respect beyond elite state officials, or cultural traditions. Minority or marginalized brought this experience and the ideas generated rights without the Sinhala, and without the support of lawyers or diplomats. communities, in particular, will be very sensitive back to their own communities to encourage Sinhala monks in particular. Now I begin to feel it is Finally, interfaith dialogue serves the cause of to scriptural quotations that even subtly criticize restraint and peaceful relations with Kirkuk’s minor- possible. And as for me, I now realize my belief that all minority rights by strengthening awareness of other traditions. For example, in the aforemen- ity Christian community. Buddhist monks are anti-Tamil is not true.’ and appreciation for religious, ethnic, tribal and tioned interfaith dialogue session in northern cultural diversity within a given society. When Iraq, a passage from the Qur’an was quoted sev- Interfaith dialogue and Interfaith dialogue can promote attitudinal changes. the practices and beliefs of minority communities eral times by Muslims that encouraged love and minority rights Through gaining new perspectives and information, within a society are not well-known, they can be respect towards others. In quoting this passage, The greatest feat interfaith dialogue can achieve is participants’ understandings change. And through viewed with suspicion and fear. At an interfaith the Muslim participants were seeking to affirm to raise awareness about the perspective and experi- experiencing in a safe environment a constructive dialogue session in northern Iraq in October 2008, this value. However, there was a secondary mes- ences of other groups, particularly minorities. In a encounter with someone from a different communi- a religious leader from the Yezidi community sage in this passage that described Islam as the society in which one culture or religion predomi- ty, a participant’s emotional response to other com- spent a great deal of energy trying to counteract ‘culmination’ of other faiths. When this passage nates, those belonging to it may not have adequate munities can change. These attitudinal changes are persistent and historical misunderstandings about was quoted, the non-Muslims in the room were opportunities to connect empathically with persons bolstered by the religious nature of the dialogues. Yezidi practitioners worshipping the devil. These made increasingly uncomfortable by this passage’s from minorities and therefore to understand from When participants discuss their religious beliefs and rumours, the participant suspected, had spurred secondary meaning. Finally, a participant from their perspective the challenges and prejudices they spiritual experiences, they are likely to speak from a some of the discrimination and violence the Yezidi one of the minority religious traditions exploded face. Interfaith dialogue can provide this opportu- deeply rooted place, from the heart. By engaging at community had faced in Iraq. At the very least, in anger after this passage was repeated, much to nity. With its light framework, ground rules, and this level, as mentioned earlier, personal transforma- it had reduced the sympathy of those from other the surprise of many of the Muslim participants. the manner in which religion can bring to the fore tion is more likely to result, and so commitments to communities and their willingness to defend Fortunately, this moment was a ripe opportunity issues of central importance to individuals and com- pursuing social justice and peace-making activities Yezidis and protect their religious tradition’s integ- to build greater mutual understanding and empa- munities, interfaith dialogue can create a space in will be more deeply rooted. rity. The participant described the basic theologi- thy when addressed sensitively by experienced which to increase majority community awareness Many religious traditions have values and teach- cal foundations of the Yezidi faith, responding to facilitators. about minority concerns. In coming to empathize ings that can justify prejudice against other religious others’ questions, clarifying misunderstandings and p Sustainability . One dialogue session alone will across traditional lines, participants often find that traditions and their followers. Interfaith dialogue remarking on the long history of the Yezidi com- not lead to the sort of individual and communal they have developed greater sensitivity for language can explore these teachings honestly, and consider munity in Mesopotamia. These sorts of encounters transformation that a series of dialogue sessions and behaviour that are exclusionary, prejudiced or them in light of other teachings and with respect can go a long way towards helping communities can have. Trust is something that is built up over disrespectful, and so are more committed and able to their implications in particular contexts. Use of gain appreciation for cultural and religious diver- time, and often the first dialogue sessions are only to work to eradicate it in their society. interfaith dialogue in Israel and the OPT has helped sity in their midst. able to address surface-level issues, and avoid very In experiences with interfaith dialogue in Sri participants understand how particular teachings, sensitive and important topics. As such, dialogu- Lanka, many participants from all communities such as about ‘chosen people’, play out in that par- Methodologies of successful ers should ideally set an expectation and commit- have come away remarking on how they have a bet- ticular multi-religious context, and even critically interfaith dialogue ment among participants for a series of dialogues. ter appreciation for how other communities have evaluate their own traditions. Talking about religion, particularly in environments p Ve nue. Select a site for the dialogue that will be suffered as a result of the conflict, as well as insti- Moreover, interfaith dialogue can be used to find in which religion has propelled conflict and violence, comfortable for all participants, for example, a tutional and social discrimination. ‘I have had very religious corollaries to human rights. All religious can be a very challenging and sensitive task. If con- neutral location that is not affiliated with any little opportunity to engage with Buddhist monks traditions have values, philosophical and theologi- ducted without care, interfaith dialogue can, in fact, one religious tradition. in my life,’ wrote one minority participant in an cal teachings, and stories that correspond not only worsen rather than ameliorate interfaith relations p Pa rticipants. Interfaith dialogue must engage reli- evaluation, following a three-day interfaith dialogue to individual human rights, such as the right to life by bringing to the surface, but not resolving, ten- gious leadership at the top, middle and grassroots session in December 2009 that brought together 35 or freedom of belief, but also to the philosophical sions between communities. Thus it is important to levels, and must target participants other than cler-

26 Engaging across divides: interfaith State of the World’s Minorities State of the World’s Minorities Engaging across divides: interfaith 27 dialogue for peace and justice and Indigenous Peoples 2010 and Indigenous Peoples 2010 dialogue for peace and justice gy or traditional religious leaders. Senior religious dialogue can also target youth, lay people, scholars not transform exclusionary cultures or institutions. Conclusions leadership plays an important role in shaping the or academics, staff of faith-based humanitarian Interfaith dialogue must be appreciated as a tool All of the world’s religions have been grappling with religious institutions and predominant religious relief, development or advocacy organizations, and for peace- and justice-making, to be used alongside conflict, injustice and violence for millennia. Not narratives in a conflict zone (particularly in con- so on. other tools in the activist’s or diplomat’s toolbox, surprisingly, they have all sought to introduce and servative religious environments), and so they are p Preparation . In preparing for the dialogue, care- such as mediation, community mobilization or sanctify practices and values that can reduce these important to target for greater religious institution- fully consider who should be targeted for partici- non-violent strategic action. When used in this negative social dynamics. One practice, affirmed in al change. In addition, the senior leadership often pation, and select a topic and structure appropri- way, it can strengthen these sorts of initiatives. For the teachings of many religions, is compassionate has greater access to political decision-makers, and ate for that group. For example, if scholars are example, USIP’s religious peace-making project in engagement with those of other communities. so can leverage their influence to exert pressure on engaged, the discussion content may delve into Sri Lanka, which has engaged over 150 Buddhist, Interfaith dialogue alone will not end conflict and political leaders to formulate just policies which theological details. If young people are involved, Muslim, Hindu and Christian leaders in local create universal justice. However, as argued in this contribute to peace. However, these leaders are the focus should perhaps be on personal spiritual conflict analysis and peace-building, has started chapter and as witnessed again and again around often more removed from grassroots communi- experiences. It can also be helpful to conduct using interfaith dialogue sessions as a way to build the world, interfaith dialogue can be a powerful tool ties, are less willing to engage in work they suspect separate intra-religious preparatory sessions with relationships between the members of this network, for relationship-building and for strengthening pro- may challenge their own institutions, and may not each religious community prior to the inter- so as to strengthen the network and ensure its sus- social norms as a means to amplify advocacy and have as much time to engage personally in advo- religious dialogue. This allows participants from tainability when facing the inevitable hurdles that activism. It can also be a powerful ally for nurturing cacy or grassroots peace-making work. As such, each group to explore the topic to be discussed will appear in the course of their advocacy work. It cultural diversity and pluralism, necessary compo- middle-level and grassroots leadership are also and so familiarize themselves with it, to establish has had the added benefit of spurring project ideas nents for securing minority rights. p important to target (bearing in mind that younger places of agreement and disagreement within by the members of this network for educating their or lower-level religious figures may not feel free to their own group, and to explore concerns or own communities on Sri Lanka’s other religious tra- speak openly, especially in self-critique, with senior hopes regarding the interfaith encounter. Indeed, ditions, combating religious bias and strengthening members present; however, if the senior leadership sometimes these intra-religious encounters can be local pluralism. involved is openly engaging, this will encourage just as important as inter-religious encounters, if Dialogue that does not lead to transformations others to be active). Ordained religious figures are not more so, since members of one tradition can beyond the dialogue room can result in resentments not the only persons who shape religious narrative disagree vehemently about what their tradition among participants, particularly those of minority and institutions however, and if those interested in teaches on particular social or political issues. or disempowered communities. For the religious, conducting interfaith dialogue only target clergy, p Mo ve from less sensitive to more sensitive topics. ethnic or linguistic majority group, the gaining of they will necessarily leave out important segments One goal of interfaith dialogue is to strengthen empathy is often a sufficient and appreciated final of religious communities. Women, for example, participants’ willingness and ability to critique goal of the dialogue sessions. Members of minorities may not serve as traditional ordained religious their own religious group’s behaviour regard- will desire more than talk, hoping that the major- leadership in many parts of the world, and yet ing how it has lived up to or fallen short of ity community will subsequently support efforts to they are often crucial figures shaping religious religious values and to understand its impact on gain greater justice for their communities. In the sensibilities through their active engagement in other communities. In order to get to a place Sri Lankan case, Tamil and Muslim minority com- religious communities, in religious schools and in where such a sensitive task can be done openly, munities often expressed more scepticism about the their family lives, emphasizing particular religious however, there will need to be trust built among long-term practical effects of individual interfaith narratives and values to their children. The World participants. As such, it is best to start with less dialogue initiatives than the Sinhala Buddhist Conference of Religions for Peace, based in New controversial topics and then move to more dif- majority community did, asking how dialogue York City and affiliated with the United Nations, ficult and sensitive areas. would ultimately make a difference in their lived has a programme that specifically engages women p Choose your facilitator with care. The facilitator reality of fear and perceived political disenfranchise- in interfaith dialogues. In Colombia, the Religion plays a significant role in setting the tone, expec- ment. At the same time, as the earlier quote from and Peace-making Programme of the United tations, process and ultimately affecting the out- the December 2009 session in Sri Lanka reveals, States Institute for Peace (USIP) has worked with come of the dialogue session. The facilitator must minority communities expressed a great deal of Catholic and Protestant women who have been be someone who is trusted by all participants, appreciation for being able to share their views with energetically engaged in peace work through their can skilfully acknowledge tensions and address Sinhala Buddhist monks, a group with whom they churches, building ecumenical relationships that difficult moments that arise, can strive to rectify often have little meaningful contact but who are strengthen their work and broaden their network. power imbalances, and can model active listening perceived to have considerable influence on local Interestingly, building these ecumenical relation- and constructive speaking. and national political decision-making and popular ships in Colombia through dialogue and joint Sinhala sentiment. Ultimately, when one is using workshops has found greater success working with The limits of interfaith dialogue interfaith dialogue as a tool for minority rights pro- female church leaders than an earlier project that Interfaith dialogue is not a panacea for curing tection, one must consider how to engage with the engaged senior, mostly male leadership. Interfaith injustice and violent conflict. Dialogue alone can- larger community.

28 Engaging across divides: interfaith State of the World’s Minorities State of the World’s Minorities Engaging across divides: interfaith 29 dialogue for peace and justice and Indigenous Peoples 2010 and Indigenous Peoples 2010 dialogue for peace and justice hristian and Hindu minority girls in Pakistan will not meet Goal 2 on universal access Pakistan mainly come from poor families. to primary education. Their lower levels of literacy C They struggle to afford basic provisions. and higher rates of poverty will also affect Goal 4 They are forced to make difficult decisions about on child mortality and Goal 5 on maternal health; whether or not school should be a priority. Indeed, and their continued exclusion will undermine Goal the motivation for sending girls to school is low. 3 on gender equality. The MDGs are meant to Girls may be vulnerable to violence or kidnapping be achieved by 2015 – there are only five years to en route to schools by those determined to intimi- go. With the September 2010 UN MDG Summit date, harm or forcibly convert religious minorities. in sight – intended, as the UN states, to ‘boost A parochial or state school may be nearby and acces- sible, but even these are under threat from militant

local leaders seeking to close all schools except madrasas (Islamic religious schools). Once in school, non-Muslim girls are likely to face discrimination in Key aims of the classroom for their religious beliefs. That is, if they are permitted to register at all. the MDGs Pakistani girls belonging to religious minorities have little prospects for empowerment in the long term either. Pakistani constitutional provisions pro- The Millennium Development Goals hibit these girls from reaching the highest levels of (MDGs) are a set of commitments made by Religious minorities decision-making in government because they are not governments at the 2000 United Nations Muslims; anti-blasphemy laws dissuade many of the (UN) Millennium Summit. The collective country’s non-Muslims from speaking out against aim is to use these goals as the framework government policies. Gender and religious discrimi- for national and international development and the Millennium nation will compound each other to reduce their activities to 2015. The MDGs consist of 8 access to employment, limiting them to the most goals, 21 targets and 60 indicators. The key menial of jobs with the least labour rights protection. targets include: the reduction by half of the Ultimately, Pakistani girls and women belonging to number of people living in extreme poverty Development Goals religious minorities are excluded at a very early age (i.e. on less than US $1 per day); universal from making a contribution to or benefiting from the access to primary education, including for overall economic and cultural wealth of their country. girls; reduction by three-quarters of maternal Corinne Lennox The situation of these minority girls is just one mortality and by two-thirds of under-5 child example of the issues faced by religious minorities mortality; a reverse in the spread of HIV/ and women from religious minorities worldwide. AIDS and malaria; a reduction by half of These issues should be at the top of the priority the number of people without access to safe list for all those involved in reducing poverty and water and sanitation; and integration of sus- discrimination on a national and international tainable development principles in country scale. But for people from these minorities, the programmes. Millennium Development Goals (MDGs, see Box) Overarching these targets is Goal 8, namely are a distant unknown. What is worse is that minor- to ‘develop a global partnership for develop- ities are not mentioned in any of the 8 goals, 21 tar- ment’, that aims to reform the international gets or 60 indicators intended, among other urgent trade and financial system. Donor countries concerns, to reduce poverty and maternal mortality, report on their contribution towards the and offer universal access to primary education, MDGs through international development including for girls. Furthermore, there is no require- cooperation, while countries in receipt ment that states collect disaggregated data to meas- of development assistance report on their ure the progress (or not) of marginalized minority domestic progress in fulfilling the MDGs in groups when reporting on any of these targets. periodic MDG Country Reports. p But the stakes for countries are high. If these girls do not make it through primary education,

State of the World’s Minorities Religious minorities and the 31 and Indigenous Peoples 2010 Millennium Development Goals progress’ towards the MDGs – this is a crucial time lence targeted against them could escalate further to ing to access employment or secure land rights. Religious minorities and five MDGs to consider new approaches that will help narrow undermine MDG achievements. Discrimination between sub-groups in a religion Practices within and towards religious communities the gap between current realities and intended Many of the challenges faced by religious minori- can also be harmful: among Hindus, the caste sys- are impacting on the realization of the MDGs outcomes. This chapter outlines some of the issues ties in achieving the MDGs are similar to those of tem bars many low-caste groups from employment for many religious minorities. Key targets in five and recommends how some of these gaps should other marginalized minorities. Such groups tend to or loans; inter-sect violence among some Muslims of the MDGs will be discussed here: eradication be addressed. be under-represented in access to political participa- threatens the security of religious minorities. of extreme poverty; universal primary education; Advocates often note that in the UN Millennium tion, which limits their ability to influence decision- Understanding the relationship between religious improved maternal health; reduction of child Declaration, with which the MDGs are associated, making on MDG policies. They face discrimination identity and achieving MDGs is principally about mortality; and combating HIV/AIDS. Each raises states committed, ‘To strengthen[ing] the capac- in access to employment, schooling, health care, identifying discrimination, persecution and exclu- interesting questions about religious practice ity of all our countries to implement the principles financial services, housing and land rights, all of sion, but in some cases may also need to consider the and the MDGs as well as the marginalization of and practices of democracy and respect for human which impact directly on the achieving of individual religion(s) and the beliefs that attend it. The barriers religious minorities. rights, including minority rights.’ Operationally, this MDGs. There is a low level of disaggregated data by are both internal and external to the religious commu- The examples are drawn from countries that call has not filtered through to state practice on the ethnicity, religion or language, making inequalities nity, linked both to the actions within the group and receive development assistance and are therefore MDGs. A study presented by the UN Independent difficult to detect and measure. the actions against the group by society and the state. mandated to implement the MDGs domestically. Expert on Minority Issues (IEMI) in 2007 showed Religious minorities can also face particular chal- Addressing these issues is not a question of While there is evidence of economic and social that of the 50 MDG Country Reports reviewed, lenges related to the MDGs. This can stem from the restricting religious freedom or promoting assimi- marginalization of religious minorities in donor only 19 discussed minorities and none did so across religious identity per se, from its social or cultural lation strategies but rather should be understood countries (e.g. among some Muslim communities the MDGs. Only four reports specifically men- practices and tenets and/or from practices of the within the human rights framework. Members in Western Europe), this will not be the primary tioned religious minorities, and of these, only Nepal wider society. For example, religious minorities may of religious minority groups have human rights, focus. Where appropriate, the role of donor coun- and Vietnam discussed inequalities experienced by not be territorially concentrated and would there- including minority rights, which states are obliged tries in integrating attention to religious minorities religious minorities. fore have weaker claims to forms of autonomy (like to respect. Protection of these rights can help to in MDG cooperation activities will be discussed. But many religious minority groups exist in a pre- those sought by many ethnic minorities) that would achieve the MDGs. The emphasis will also be on religious minorities carious position on the margins of society. For those give them greater control over decisions on issues who suffer exclusion from MDG-related sectors, who are poor, religious persecution and discrimina- like health, education and other budgetary alloca- Minority exclusion and the MDGs like health care and employment, rather than on tion limit their access to poverty reduction initia- tions pertaining to the MDGs. Given that religious identity also frequently cor- religious minorities who experience only restrictions tives, employment, micro-finance, health services responds to a distinct ethnic or linguistic identity, on their freedom to practise their religion without and education. For those in a better economic posi- Minority practices and the MDGs it can be difficult to isolate religion as the key corresponding social and economic exclusion. tion, social exclusion and targeted violence neverthe- Religious minorities may rely on support from their variable in motivating practices of exclusion. In less perpetuate their insecurity, can dissuade them wider (transnational) religious communities. For Iran, for example, communities report that they Poverty reduction from investing locally and threaten to push them example, a shared religious identity can be a source face discrimination as Sunnis, but also as Kurds, Goal 1 includes targets to reduce by half the further into marginalization. At all levels, religious of social capital, enabling members to access jobs or Turkmen and Balochis. Many religious minorities number of people living in extreme poverty and to minorities have less access to political opportunities loans that are unavailable in the formal sector and in China are also members of distinct non-Han achieve full and productive employment and decent to influence the MDGs due to religious-based laws thus helping to address poverty, unemployment and ethnic groups, such as Hui and Uighur Muslims. work for all. For many religious minorities, econom- (e.g. on holding political office and on blasphemy) hunger. While this support can helpfully be directed Many indigenous groups practise distinct religions ic exclusion has resulted in disproportionately high that restrict their public participation. towards MDG initiatives, it can generate resentment but these practices per se are not the sole or principal levels of poverty and unemployment. For example, Such persecution and discrimination against from other poor communities who do not benefit. reason for their marginalization. It is also important in Nepal, poverty among Muslims is 41 per cent, religious minorities creates conditions of injustice, International support can also attract criticism from to note that forms of exclusion on the basis of reli- approximately 10 per cent higher than the average inequality, impunity and instability that are unfa- governments that are motivated politically to label gion do not always translate into economic or social rate, according to the Nepal MDGs Progress Report vourable for achieving the MDGs, both for religious such actions as external interference. The effect exclusion, either because the religious minorities are (2005). China is praised for its success in reducing minorities and for society at large. Religious minori- on religious minorities is increased discrimination, economically dominant or because the restrictions poverty and helping to reach global MDG targets. ties can neither be full participants in, nor genera- despite the immediate benefits such co-religionist are focused on freedoms to express religious identity In fact, MRG and US-based NGO Human Rights tors of economic growth if they are marginalized support can bring towards meeting the MDGs. and other civil or political rights. There is no ques- in China (HRiC) have reported that those from eth- or insecure. Without better attention being paid to Within the religious minority community, tion, however, that many religious minorities experi- nic minority regions (populated by several religious the particular exclusion of religious minorities, some certain practices and beliefs can undermine the ence inequalities in development, and that even civil minority groups) have seen average incomes increase of the MDGs will not be met. In order to improve MDGs. In some religions, beliefs about the status and political rights restrictions can affect prospects only from 845 yuan in 1982 to 7,802 yuan in 2000, low achievements in education, health and poverty, of women may hinder their ability to own land or for economic and social inclusion. This is particular- in comparison with a nationwide increase in average there must be engagement with religious minorities seek employment outside the family, thus increasing ly evident in regions where religious intolerance has income from 792 yuan to 9,371 yuan; the disparity who score lowest on these indicators. If neglected the incidence of poverty. Because of their religious manifested itself as violence against religious minori- holds for both urban and rural incomes. Advocates, in MDG policies, excluded religious minorities will identity, such women are also likely to face dis- ties, creating conflict situations in which realization including HRiC, warn that such inequalities are a likely face even greater inequality. If ignored, vio- crimination by the wider community when attempt- of the MDGs is virtually impossible. source of inter-communal tension. Their concerns

32 Religious minorities and the State of the World’s Minorities State of the World’s Minorities Religious minorities and the 33 Millennium Development Goals and Indigenous Peoples 2010 and Indigenous Peoples 2010 Millennium Development Goals proved valid in Urumqi, Xinjiang province, in July Right: Bilingual literacy class for Lacandon children 2009, when riots broke out between Uighurs and in Chiapas, Mexico. Julio Etchart Han, resulting in at least 156 deaths. The grievances were rooted at least in part in government policy – is a major contributor to low-MDG attainment that is encouraging Han migration to an already in minority regions. This has been a problem in poor region, increasing discrimination in access to Iran, where the natural resource-rich regions of jobs for local minority Muslim Uighurs. Balochistan and Khuzestan have seen resources Discrimination in access to employment is com- extracted while the local population – Sunni mon for many religious minorities and exclusion Balochis and Ahwazi Arabs (some of whom are from the formal labour market is a major cause of Sunni) – continue to experience disproportionately higher poverty. State requirements that identity low levels of human development. In the words of cards denote religion often enable such discrimina- one Baloch activist speaking at the UN Forum on tion. The case of Baha’is in Iran is a testimony to Minority Issues in 2009, such, ‘systematic, historic this. In January 2009, the UN Special Rapporteur and institutionalized inequity and blatant bias on freedom of religion or belief, Asma Jahangir, have in effect paralysed the Baloch people in mak- relayed reports from Turkmenistan and Bangladesh ing meaningful public participation, in access to that religious minorities faced serious barriers to employment, education, health, property ownership, employment in public institutions. housing, social welfare, media and cultural life’. Religious minorities may have less access to jus- Tensions also arise between religious minorities tice, making it more difficult to protect themselves and majorities where national government MDG- against unfair job dismissals or attacks on their related policies on poverty and employment are property or businesses. In Bangladesh, human rights promoting migration to minority regions. In the NGO Odikhar has documented numerous cases Philippines, Christian group migration to the largely where Hindus have faced indiscriminate (and some- Muslim Mindanao region has led to resentment term but will do so at the cost of the cultural and Available figures show that persons belonging times violent) seizures of their property with little among Muslims, who see this migration not only religious identity of Tibetans. to religious minorities can often have lower levels protection from the police and with the complicity as an economic threat but also as a threat to their Also crucial for some religious minorities of literacy and education, as well as experience less of the government. Land rights can be very insecure religious and cultural identity. In China, Tibetan is the prevalence of violence against them. In investment in schools where they predominantly for religious minorities; they may easily be displaced Buddhist communities have faced a large influx of Laos, Hmong (predominantly Christian) have live. In India, Muslim children aged 6–13 years from their land or be reluctant to invest in agricul- Han majority migrants to the Tibet Autonomous experienced long-standing persecution. Many have have 74.6 per cent literacy while Hindus in the same tural production on land to which they do not hold Region (TAR), following major government invest- sought refuge in neighboring Thailand, where the age group achieve 90.2 per cent literacy, the Sachar formal legal title. Moreover, national laws may not ment in the region. While overall development government is now forcibly returning Hmong Report says. Likewise, Hindus in Pakistan have a 12 recognize traditional forms of land tenure, further rates have improved, the benefits are not distributed asylum-seekers to Laos, despite strong evidence per cent lower probability of attending school than reducing land security. fairly. Due to Mandarin language restrictions for that returnees are detained or tortured by security Muslims, the Oxford Policy Management Group has Religious minorities can also experience weaker public sector employment, lower levels of educa- forces. In Iran, Baha’is are the target of arbitrary found. In Southern Sudan, which is populated by access to credit and financial services. Indian tion of Tibetans and discrimination against them, arrest, imprisonment and confiscation of property, numerous ethnic groups of predominantly Christian Muslims have lower than average access to bank fewer jobs go to Tibetans than to Han migrants, and are frequently denied access to employment faith (in contrast to the largely Muslim north), the credit, which is particularly worrying given that the latter decreasing the proportionate share of and education. Living under threat of insecurity 2004 MDG Country Report reveals that the ‘net Muslims rely disproportionately on self-employment employment for Tibetans. Tibet lags well behind and violence undermines the ability of families enrolment ratio (20 per cent) and its ratio of female for their livelihood, according to the 2006 Sachar every other region on key health indicators like to pursue livelihoods and education, to invest in to male enrolment (35 per cent) are the worst in the Report (named after Justice Rajinder Sachar, who child inoculation (69.3 per cent in Tibet compared small businesses and to access basic public services, world’, and ‘South Sudan’s adult literacy rate is the chaired the committee that drafted it). to a national average of 94.6 per cent) and hospital- increasing rates of poverty and mortality that the second lowest rate in the world, after Niger’. Lower Another major cause of poverty among religious ized deliveries (less than 40 per cent in Tibet versus MDGs aim to reduce. levels of education among religious minorities also minorities is the level of government investment an 88.4 per cent national average), according to a inhibit access to other rights, such as employment in the regions where they live. Such investment is UN Development Programme (UNDP) report on Universal primary education and girls and political participation, and their ability to con- either too low to guarantee basic human develop- China, suggesting that investment benefits have Two MDG targets relate to education – the first is tribute to general social and economic development. ment provisions or is of an extractive nature, i.e. been focused on Lhasa where the 6 per cent Han to achieve universal access to primary education for Education systems can also be used by the state intended to take resources out of the region without population (2000 figures) is concentrated. Activists all girls and boys (Target 2a), and the second is to to assimilate religious minority children. Curricula returning proportionate funding to local develop- argue that the government is creating conditions achieve gender equality in access to primary and sec- may be imbued with the doctrine of dominant reli- ment. Chronic under-investment in infrastructure that principally benefit Han Chinese and those who ondary education (Target 3a). Religious minorities gions and cultures, and may even denigrate religious – from market routes to schools and health clinics assimilate, which may reduce poverty in the long- can face barriers in both cases. minorities through the perpetuation of stereotypes

34 Religious minorities and the State of the World’s Minorities State of the World’s Minorities Religious minorities and the 35 Millennium Development Goals and Indigenous Peoples 2010 and Indigenous Peoples 2010 Millennium Development Goals and negative narratives. State curricula can be used Right: Rohingya refugee women in the Kutupalong as a vehicle for persecution of religious minorities. camp await medical treatment, Cox’s Bazaar, These have been major concerns for Baha’is in Iran, Bangladesh, July 2009. Espen Rasmussen/Panos. who report that school curricula are being used to denigrate their faith and to pressurize students to issue is not solely a matter for the religious com- convert to Islam. Furthermore, Baha’i students are munity, and the public education system must be regularly expelled from school and denied access to engaged. For example, discrimination against girls higher education because of their religion, the NGO in schools may decrease the willingness of parents to Baha’i International Community has reported. enrol their children in the formal education system. Mucha Shim Quiling Arquiza, a Filipino activist In Kenya, MRG has reported that the marginali- from the Muslim minority community, expressed zation of Muslim girls from formal education is her concern at the 2008 UN Forum on Minority being addressed in cooperation with the Mombasa Issues that: Regional Women’s Assembly. Amina Zuberi, District Convenor of the Assembly, has said that ‘In the desire to combat terrorism and implement they are working with key leaders of the Muslim counter-terrorism measures, [states] have been unwit- community to show how improving education of tingly using social institutions such as education, the girls can decrease poverty rates of entire families. media and institutions of scholarship to promote a cer- Faith-based schools should not be relied on as a tain political agenda especially to influence its citizens replacement for state failures to ensure that religious to support its current national security campaigns that minorities will achieve Goal 2 by 2015 but can have been especially discriminatory to religious and be integrated into a wider state strategy to achieve ethnic minorities.’ universal primary education. Parents and leaders in faith communities can be invited to participate in In contrast, faith-based schools of many religious decision-making about the provision of education, reproductive health. The targets for child mortality putting families into precarious positions for sur- minorities are contributing to the realization of uni- to ensure that discrimination on the part of teach- aim for a two-thirds reduction in under-5s mortal- vival. Although it is possible that China and Burma, versal primary education within these communities. ers or students, or in the curricula, is tackled at the ity. The MDGs are closely intertwined, with mater- for example, could achieve their MDG targets while Such institutions provide a vital alternative to poorly same time that positive messages about religious nal health contributing significantly to prospects for ignoring the situation of religious minorities, such resourced public education systems, especially where diversity are integrated into schooling. children’s health, and access to reproductive health an approach is not only a violation of human rights religious minority children face discrimination in the It is vital that the curricula taught in faith-based care services helping to ensure that pregnancies are but will entrench gross inequalities more deeply. ‘mainstream’ classroom. The right to have faith-based schools and state schools comply with international wanted and healthy for both mother and child. The link between religious practices and maternal schools is protected for religious minorities under human rights standards as elaborated, inter alia, in Many marginalized religious minorities face high- and child mortality is not well researched. In some international human rights law, which recognizes the the CRC. The CRC requires that the state shall er disparities in maternal and child mortality. This religious communities, beliefs about child marriage rights of all parents to educate their children in this ensure that education of children is directed to, inter is largely due to a lower provision of health care and or reproductive health could undermine MDG pro- manner. Article 18(4) of the International Covenant alia: the child’s ‘own cultural identity, language and sanitation services, and less adequate access to food grammes aiming to reduce mortality rates. Religious on Civil and Political Rights (ICCPR) holds that values … [to] the national values of the country in in areas where religious minorities predominantly identity alone is difficult to isolate as a variable and state parties should, ‘undertake to have respect for the which the child is living, the country from which he live. It can also be affected by discrimination and factors such as urban or rural location and gender liberty of parents … to ensure the religious and moral or she may originate, and … [to] civilizations dif- lack of awareness among health officials of cultural discrimination will also impact. The 2006 Sachar education of their children in conformity with their ferent from his or her own’ (Article 29.1 (c)); and practices that may impact on pregnancies and chil- Report on the status of Indian Muslims found that own convictions’. Article 29(2) of the Convention on to ‘preparation of the child for responsible life in a dren’s health. In China, national child mortality Muslim women and children in many states had the Rights of the Child (CRC) recognizes the right free society, in the spirit of understanding, peace, and maternal mortality rates stood in 2000 at 39.7 lower than average mortality rates, despite poor of groups to ‘establish and direct educational institu- tolerance, equality of sexes, and friendship among deaths per 1,000 and 53 per 100,000 respectively; access to health care. Another 2006 study (presented tions’. Not all states are doing enough to protect all peoples, ethnic, national and religious groups in contrast, in the Xinjiang Uighur Autonomous at Princeton University) of religious minorities and these rights for religious minorities. and persons of indigenous origin’ (Article 29.1 (d)). Region (XUAR) of China, child mortality and majorities across India and Bangladesh found that Religious preferences for the education of girls, Putting in place such measures can reduce discrimi- maternal mortality rates in 2000 were 65.4 per 1,000 contraceptive use among currently married Muslim and sometimes boys, can inhibit their access to nation and help to improve enrolment rates towards and 161.4 per 100,000, MRG has noted. In the (religious minority) women in India is 28 per cent education. Faith-based schools that give less prior- Goals 2 and 3. border regions of Burma, where Rohingya Muslims compared to 42 per cent among Muslim (religious ity to the education of girls, for example, would be live, more than 60 per cent of Rohingya children majority) women in Bangladesh. These figures sug- working against Target 3a on gender parity. There Maternal health and child mortality levels suffer from chronic malnutrition, despite reports gest that access to reproductive health may be less is a tendency, however, to make blanket assump- The MDGs set targets to reduce by three-quarters of a national surplus of rice. State actions have about religious preferences and more about equal tions that only the religion per se is to blame. The maternal mortality and to achieve universal access to rendered these communities effectively stateless, access to health services in general, particularly

36 Religious minorities and the State of the World’s Minorities State of the World’s Minorities Religious minorities and the 37 Millennium Development Goals and Indigenous Peoples 2010 and Indigenous Peoples 2010 Millennium Development Goals where they are not culturally adapted on key issues were the basis of the campaign message. In other dedicated a 2009 section of her UN report to a pre- involved in MDG work needs to be strengthened to such as reproductive health. words, in order to reach minority groups, particular liminary review of some economic and social rights meet these objectives. The issue of reproductive health has generated attention in HIV/AIDS education must be paid to issues faced by religious minorities. This research Given that discrimination is a key barrier in controversies among leaders of some faith com- religious and cultural practices around, inter alia, appears to be the start of a wider effort under the achieving the MDGs for religious minorities, efforts munities. Advocates of family planning sought to sex and contraception. mandate to examine MDG-related issues. Indeed, by governments and development organizations to ensure that the MDGs would focus on the repro- This can be challenging for some religious the UN Human Rights Council (HRC) endorsed prevent such discrimination need to be prioritized. ductive health rights of women. For some faith minority groups that may hold dogmatic beliefs this effort by adopting a resolution (10/25) in 2009 Religion is a prohibited ground of discrimination communities, the term ‘reproductive rights’ is inter- regarding sex (especially outside of marriage), con- on ‘Discrimination based on religion or belief and under the International Covenant on Economic, preted to include access to abortion or contraceptive traception, homosexuality or men who have sex its impact on the enjoyment of economic, social and Social and Cultural Rights (ICESCR), impacting on services, which are against firmly held beliefs. In the with men. MDG programme efforts must take this cultural rights’. several MDG issues such as health (including repro- adoption of the MDGs in 2000, there was no tar- into account when devising interventions that will Governments need to create the necessary ductive health) (Article 10), education (Article 13) get on reproductive health, due to objections from contribute to HIV/AIDS reduction among these enabling environment, whereby all citizens can and employment (Article 7). State parties have an some states, observers (e.g. the Holy See) and some communities, who, regardless of their religious achieve the MDGs. This means eliminating forms obligation to revise their domestic legal frameworks segments of civil society. Since then, efforts by the beliefs, may still be vulnerable. Some faith groups of religious persecution, harassment, violence and to ensure that discrimination on the basis of religion UN Secretary-General, UN agencies including the have produced guides for religious leaders on how to discrimination that generate instability and conflict. is clearly prohibited and that remedies to redress UN Development Fund for Women (UNIFEM), discuss these issues. The UN Joint Programme on Strengthened rule of law, impartial policing and discrimination are easily accessible to religious the UN Population Fund (UNFPA) and many HIV/AIDS (UNAIDS) has reported that the Islamic greater freedom of expression are integral to devel- minorities. They also have an obligation to ensure civil society advocates have introduced an MDG Medical Association of Uganda, for example, has opment and will establish stronger investment con- substantive realization of non-discrimination, even target for reproductive health. Although the target successfully cooperated with imams in reaching out fidence and opportunities in the local and national where legal frameworks are good. Unfortunately, does not mention abortion or contraception per se, to Muslim communities with education projects on economy. With their personal security protected, some states have promulgated laws and policies that it is nevertheless viewed by some faith groups as HIV/AIDS prevention and services. and their jobs, businesses, homes and land more adversely affect the ability of religious minorities to illegitimate. UN agencies, including UNFPA, are secure, religious minorities will be better able to achieve the MDGs: laws pertaining to blasphemy proceeding on the basis that access to contraception Recommendations for a minority focus on building prosperity for their families and can inhibit the ability of minorities to challenge and reduction in unsafe abortions are among the rights response to the MDGs for the wider community without fear. government policies on development; requirements strategies needed to achieve the MDGs. With the September 2010 UN Summit to review Another important starting point for better for religious education in schools can dissuade progress towards the MDGs in sight, this is a crucial attention to religious minority exclusion is system- minority parents from enrolling their children; and HIV/AIDS time to adopt new approaches that will help nar- atic analysis of the economic, social and political prohibitions on religious dress can deny minorities A halt and reversal in the spread of HIV/AIDS and row the gap between current realities and intended status of these communities in key aid modali- education and employment opportunities. Such malaria are among the targets of Goal 6. There is outcomes. Indeed, the MDG framework has much ties. National action plans for poverty reduction policies may be based on deeply entrenched beliefs evidence that minority groups are often dispropor- to offer marginalized religious minorities. If govern- and education for all, for example, should include and backed by powerful interests. Here the role of tionately affected by rates of HIV/AIDS and have ments are genuinely committed to universal primary measures for inclusion of religious minorities. international development organizations in calling less access to health services to address the disease. education, the inequalities in access to education Ministries with MDG-related responsibilities, such for national counterparts to pay attention to exclu- The delivery of health services may be under- experienced by many minorities can be eliminated. as on health, education, employment, justice and sion and discrimination against religious minorities resourced in regions where religious minorities live. Their lower access to health care, housing and environment, should be offered capacity-building may help to tip the balance in favour of reforms. Religious minorities may also face discrimination employment can be improved. Such gains will not to combat discrimination against religious minori- Beyond the clear human rights obligations, there is from health service professionals when they seek come easily. Addressing the marginalization of ties and improve operational knowledge of how also a compelling economic argument to be made: out services. Traditional medicinal practices and minority groups means exposing deeply entrenched each sector can increase minority inclusion. Poverty protection of religious minorities in law and in fact remedies, common particularly in animistic religious discrimination and transforming structures of power Reduction Strategy Papers (PRSPs) and the UN improves stability and creates a better environment groups, can also impact – positively or negatively built to exclude minorities. Country Teams’ Common Country Assessments for investment and growth. – on treatment of HIV/AIDS, malaria and other In policy spheres, there has been little in the way and UN Development Assistance Frameworks need Discrimination – both direct and indirect – can diseases. The lack of knowledge of these practices of systematic analysis of minority group exclusion to review the situation of religious minorities and be monitored through the collection of data disag- among mainstream health care providers can inhibit from the MDGs and even less attention specifi- integrate programme responses where marginaliza- gregated by religious identity (and gender). The the successful use of complementary and conven- cally given to religious minorities. The work of tion is evident. 2010 MDG Summit can recommend that national tional medicine. the IEMI and MRG is an exception. Research on Three rights of minorities should inform MDG statistics offices take the lead in developing systems Research by the Bangkok office of the UN religious minorities focuses overwhelmingly on civil policies aimed at including religious minorities: the to gather information to supplement the existing Educational, Scientific and Cultural Organization and political rights violations linked to restrictions right to non-discrimination, the right to participa- 60 indicators for the MDGs. Impact assessments of (UNESCO) into HIV/AIDS public education pro- on freedom of religion; the social and economic tion and the right to protection of (religious) iden- MDGs programmes should be adopted as manda- grammes in the Mekong Delta region found that dimensions of exclusion are insufficiently publi- tity. These should be mainstreamed into a broader tory for determining in advance how interventions materials did not impact well on minorities, where cized. In her most recent report, however, the UN human rights-based approach to the MDGs. The might help or harm religious minorities. Even where the social and cultural practices of dominant groups Special Rapporteur on freedom of religion or belief capacity of both minorities and majority groups resources are limited, governments can develop

38 Religious minorities and the State of the World’s Minorities State of the World’s Minorities Religious minorities and the 39 Millennium Development Goals and Indigenous Peoples 2010 and Indigenous Peoples 2010 Millennium Development Goals periodic surveys that will review key indicators of effective for religious minority groups and will not the basis of religious identity can severely threaten has successfully supported community health clinics religious minorities’ status in relation to the MDGs. create further inequalities unintentionally that might the ability of individuals to live their lives in secu- to improve child and maternal mortality rates, and Some religious minorities may have concerns about undermine MDG objectives. Speaking at the UN rity and freedom. Getting a job, running a small HIV/AIDS testing and counselling. These posi- data collection and self-identification if they have Forum on Minority Issues in 2009, Wahyu Effendy business, going to school and getting basic public tive actions do not eliminate concerns that some been targets of violence or discrimination in the of the Indonesian Anti-Discrimination Movement services can all be undermined when expression development initiatives by faith-based actors can be past. For this reason, religious minority staff should (GANDI), said, ‘Political participation [of religious of religious identity becomes a cause of insecurity. a tool for co-opting vulnerable communities to new be involved in all stages of this data collection proc- minorities] needs as a precondition government pro- Governments should show leadership in: promul- or more extreme religious doctrine. Such practices ess, from designing and delivering surveys, to evalu- tection of their existence and participation.’ gating zero tolerance of religious intolerance in the can be avoided by transparent cooperation with gov- ating results. There is a wide range of options for realizing the public and private sectors; redressing impunity for ernment at all levels to enable religious minorities Tackling inequalities created by discrimination right to participation in practice. At a minimum, violence against religious minorities; and increasing to participate in decision-making that affects them may require targeted MDG programmes for minori- public education on the MDGs should be made efforts to protect religious minorities from violent and equitably access resources for human develop- ties. Policy-makers often express concerns that available to religious minorities, and they should attacks and other forms of injustice. ment. Leaders of all the major world religions have targeted programmes can create inter-communal be included among any civil society consultations MDG programmes that do not give due assess- shown a great commitment to the MDGs, and this tension, particularly where poverty and other forms on the MDGs, particularly in regions where such ment to the influence of religious identity and prac- outreach can be a platform for dialogue on conten- of inequality also exist among members of dominant minorities live. Any existing National Minority tices on realizing the goals can be wasting (already tious issues. groups. This is a legitimate concern, but it must not Councils should be invited by relevant ministries to limited) resources. Development interventions that be used as a veto for targeted interventions where engage in MDG-related development planning. In appear identity-neutral can either miss religious Conclusions they are justified by data showing disproportion- India, for example, the National Commission for minorities or harm them. Using mechanisms of MDG Country Reports urgently need to be revised ate inequality, are transparent and are supported Minorities has intervened in several cases to secure participation, religious minorities can inform policy- to incorporate discussion of the legal framework for by consultations with minority groups. There is protection for religious minorities’ educational insti- makers of how identity issues may impede their protection of religious minorities and national meas- a strong legal basis for such programmes in inter- tutions guaranteed by the Constitution, thus help- ability to benefit from MDG projects and can offer ures to ensure that religious minorities are benefit- national law, which recognizes the possibility of ing to secure Goal 2 and contribute to Goal 1. recommendations on how to make MDG interven- ing equally from progress towards the MDGs. The special measures like affirmative action programmes. Forms of autonomy for religious minority groups tions more compatible with their own daily needs. silence on these points in MDG Country Reports to Such measures will help to tackle the barriers that can also be helpful for the MDGs. In many coun- While some religious practices and beliefs, such date is chronic. The collection of disaggregated data religious minorities face in equal access to health, tries, minority groups have been granted autonomy as giving to the poor or enabling literacy, can help for religious (and other) minorities needs to be pri- education, employment and financial services that over sectors that impact directly on the MDGs. realize the MDGs, there are other religious practices oritized by international and national development are linked directly to MDG achievement. There are Non-territorial forms of autonomy, such as support and beliefs that can undermine them. MDG policy- actors alike. Opportunities for religious minority also firm commitments made by states in the con- for the development of school curricula on issues of makers need to be sensitive to these possibilities and actors to influence and implement MDG-related text of the 2001 World Conference Against Racism religious diversity or management of micro-finance reach out to faith groups in an effort to ensure that initiatives should be implemented. Durban Declaration and Programme of Action to institutions, can be devised in line with MDG pro- human rights obligations are not violated in the There is great scope to use the minority rights adopt National Action Plans in order to address rac- gramming. Territorial forms of autonomy, where name of religious dogma. At the same time, individ- framework to improve the effectiveness of MDG ism and discrimination. The adoption of affirmative religious minorities are regionally concentrated, can ual negative practices within religious communities policy interventions. This is not only good practice action or targeted policies must be accompanied enable even greater empowerment for minorities to must not be used as justification for any outright and fiscally responsible but is also a fulfilment of by full implementation. In Greece, for example, deliver on the MDGs. In China, the 1984 Law on prohibition of religious expression. state obligations under international human rights the government has approved a 0.5 per cent quota Regional Ethnic Autonomy includes, since 2005, It is important to mention the positive role and minority rights standards. for Muslim minorities in the civil service, but poor stronger provisions enabling poverty reduction, played by faith groups in supporting the MDGs. If religious minorities are excluded from the implementation means it has had little impact on access to education and sustainable development There have been several interfaith initiatives to MDGs, not only will the purpose of the goals be the unemployment rates of Muslims – estimated for ethno-religious minorities, such as the Uighur raise awareness of the MDGs and direct action by undermined, but the conditions for their long-term to be as high as 60 per cent in Western Thrace, Muslims, MRG has reported. Such support of ter- faith communities to help realize the goals through sustainability will seriously be in doubt. Investing in according to a 2009 report from the European ritorial or non-territorial autonomy can help to community cooperation initiatives and advocacy. the human capital within religious minority com- Commission Against Racism and Intolerance achieve the MDGs, provided it is implemented in Religions for Peace, the largest interfaith global alli- munities and ending persecution and discrimination (ECRI). good faith and its impact is monitored with data ance, has produced a Millennium Development Goals on the basis of religion will contribute to better The right of minorities to participate in decision- disaggregated by (religious) identity and made pub- Toolkit for Religious Leaders (2007), in cooperation development for all. p making that affects them is a cornerstone of minor- licly available, inter alia, in MDG Country Reports. with the UN Millennium Campaign. The Micah ity rights standards. Participation of ‘stakeholders’ Building capacity and opportunities for religious Challenge is an international North–South alliance is increasingly mainstreamed into development minorities to manage MDG initiatives will also of Christian churches and agencies in 40 countries processes, but it is far less common to find meas- increase participation. Training on budget monitor- advocating greater government compliance with ures that enable minorities, including religious ing is one example. the MDGs. Faith-based development organizations minorities, to be included in such processes. This is The protection of identity is a crucial concern in have also been leaders in realizing the MDGs. In essential to ensure that MDG programmes will be the daily lives of religious minorities. Persecution on Tanzania, for example, the Aga Khan Foundation

40 Religious minorities and the State of the World’s Minorities State of the World’s Minorities Religious minorities and the 41 Millennium Development Goals and Indigenous Peoples 2010 and Indigenous Peoples 2010 Millennium Development Goals ow well a country responds to the needs into mainstream society, as well as in ensuring that of its religious minorities is an import- women from religious minorities are treated fairly. H ant question for states, not least because The details will be different in different places, and while the right to religious freedoms is enshrined the experiences of religious minorities as well as dif- in international law, the ability to access this right ferent countries will also vary, of course. But one depends on the national laws one is governed by. of the fundamental questions at stake will be the Sometimes the perceived importance of ensuring same: can women’s rights be balanced with religious religious freedom is so strong it can overshadow freedom? the need to preserve other rights. For many women This chapter focuses on the experiences of from religious minorities around the world, this Muslim women in the UK and Canada, in order has been a rather common experience. Rina Verma to explore some of the issues. In the last few years, Williams has discussed, for example, how the both countries have been grappling with the debates over reforming Islamic law in India in the question of whether and how Sharia courts can be 1980s were framed as being about religious iden- incorporated into the laws of the land by focusing tity and minority rights to the exclusion of gender on what this would mean for Muslim women. The rights, even by the Indian government. The con- chapter begins by examining some of the challenges sequence of this, she argues, is that the legislation faced by Muslim women living in the UK, in that was passed has not benefited Indian Muslim order to explain why some Muslim women may women. In cases such as these, where the price of want to use non-mainstream legal options – what religious freedom is that half the minority popula- I call parallel options – such as Sharia courts to Balancing women’s tion lose out on other rights, can countries be said resolve their concerns. The chapter then goes on to to be delivering religious freedom with any success? outline some of the pitfalls of these parallel options, Such sacrifices of gender rights are a not infre- drawing on the arguments of those Muslim women quent occurrence in efforts to preserve religious who organized against the introduction of Sharia rights with freedom freedom. Therefore, it is useful to examine the laws in Canada. It finds that parallel options can experiences of women from religious minorities as a present a false solution to women from religious way of assessing how well countries are responding minorities, asking them to trade gender rights for to the needs of their religious minorities. Using religious freedom. of religion: the case women’s rights as a baseline indicator helps us judge The chapter concludes that allowing such whether countries are able to provide for the needs systems to operate risks excusing the state from of religious minorities at a sophisticated enough its responsibilities to protect Muslim women’s level that women from religious minorities benefit rights. It suggests that the best way to prevent the against parallel legal equally – as both belonging to religious minorities marginalization of religious minorities is to ensure and as women. that they have access to the same rights, as well as Western Europe and Canada have witnessed sev- the same access to negotiating those rights, as those eral controversies concerning this balance between in the mainstream. systems for Muslim women’s rights and the rights of religious minorities in recent years. Some of the most heated and high- Muslim women in the UK profile of these debates have been about Muslim Muslim women living in industrialized countries women generally, and ‘the veil’ in particular. Such are at risk of what is known as ‘multiple discrimina- women in the UK a debate has been ongoing in France, for example, tion’, because they are women, and belong to reli- since June 2009, when the government said it gious minorities and often also ethnic minorities. In would consider banning burqas. At the beginning of addition to the risk of discrimination on each issue Zohra Moosa 2010 the leader of the ruling party filed draft legisla- separately, they are also open to discrimination from tion banning garments that cover faces in public – all of them at the same time. Muslim women can referred to as an ‘anti-burqa law’ in coverage of the also experience discrimination that includes more story in the mainstream British press. than one of their identities in ways that produce an Looking at how certain industrialized countries entirely new form of discrimination. The French treat Muslim women can reveal some of the chal- example above would affect Muslim women who lenges states face in integrating religious minorities wear full-face veils as Muslims and as women, for

State of the World’s Minorities Balancing women’s rights 43 and Indigenous Peoples 2010 with freedom of religion instance, and would also be particular to them – the Right: A young woman receives counselling at the same legislation would not affect anyone else in Islamic Sharia Council in Leyton, England, July society in the same way. 2009. Tom Pilston/Panos. As a result of their multiple minority status, Muslim women within Britain experience some of of ‘Muslimness’ by policy-makers, the media and the most extreme forms of disadvantage and social public opinion. One result of this is that the main- exclusion. According to a report called Black and stream only hears about violence against Muslim Minority Ethnic Women in the UK, published in women that can be associated with being Muslim, 2005 by the UK-based campaigning organization such as forced marriages and so-called ‘honour the Fawcett Society, two-thirds of Pakistani and crimes’. Another result is that public discourse Bangladeshi women, approximately 60 per cent on these forms of violence blames and demon- of whom are Muslim, live in poverty; this is three izes Muslim communities, suggesting that Muslim times the proportion of Caucasian women. Muslim women are at risk of these forms of violence because women are under-represented in elected office at of ‘backward cultures’. all levels of government. For example, there had In this way, certain types of violence against never been a Muslim woman Member of Parliament Muslim women are treated as having to do with until two were elected in 2010. Muslims are the belonging to a religious minority, masking the role faith group most likely to be out of the paid labour of sexism and patriarchy in such violence – in effect market, while Muslim women are particularly likely incorrectly diagnosing the problem. As the Fawcett to be outside it; according to the latest government Society’s 2010 report Realising Rights: Increasing statistics, about two-thirds of Muslim women are Ethnic Minority Women’s Access to Justice notes, currently not in the paid labour force compared when politicians also fall into this trap of primar- to a quarter of women overall. Meanwhile, the ily blaming ‘culture’ for violence against Muslim unemployment rate for Muslim women is 23.3 women, they ignore the ways in which they are animal slaughter, for example, and the Treasury has public discourse seems to suggest that Britain is per cent compared to 6.9 per cent for all women. failing to protect a group of their citizens by, for approved financial products such as mortgages that either mostly secular, or, if not, Christian, and per- And there is ample evidence to show that women example, ensuring that the police treat all victims are Sharia-compliant. More controversially, Muslims haps even hostile to Islam, it is not unreasonable for experience a marked ‘Muslim penalty’ in the labour and potential victims fairly. As a result, Muslim are also allowed to use Sharia courts for media- Muslims to reflect on their options for maintaining market that becomes more pronounced the more women remain at risk of those kinds of violence tion and arbitration purposes under existing British strong ties to their religion and beliefs as minorities. ‘Muslim’ they appear to be, for instance, through that are painted as ‘cultural’, and are encouraged to law. Under the Arbitration Act 1996, for example, Research has found that it is these two needs that their dress choices. Evidence includes the two- believe that the government and the British legal Sharia courts have the power to resolve civil disputes motivate Muslim women to use informal Sharia year Moving on Up? investigation by the Equal system will not or cannot help them. between Muslims. Although the National Secular courts for arbitration in the UK. According to the Opportunities Commission, a statutory body, and Society (NSS) argues that these powers are not per- BBC, in February 2008, the overwhelming majority the Young Foundation’s independent research The appeal of parallel options mitted to extend to areas of family law, there have of cases that the Islamic Sharia Council (ISC) deals findings, published in 2008 as the Valuing Family, It is not uncommon for countries to provide differ- been reports in the British press that Sharia courts with are about divorce, generally filed by women Valuing Work report. ent legal routes for different groups of people within have been issuing rulings on divorce that are being looking to leave their marriages. Many of these Muslim women are also at risk of very specific the same country. Such parallel options exist to enforced under UK law. According to the NSS, women have reportedly either been forced into mar- kinds of violence and marginalization because ensure that minorities, such as religious minorities, women who do not know their rights may similarly riage, or else are stuck in a marriage because their of racism and Islamophobia in the UK. Muslim are fully able to practise their religions or other believe that the rulings, which are not necessarily husbands are not willing to divorce them under women are currently particularly vulnerable to cultural norms and to avoid imposing majority laws regulated once both parties have agreed to be subject Islamic law, the BBC stated. abuse, persecution and discrimination in the public that would directly or indirectly discriminate against to them, are legally binding and may therefore be In a 2001 empirical study of all the matrimonial arena because of wider security and political agen- them. The range and types of parallel options can operating as though they are in their day-to-day lives. cases conducted by the Muslim Law Sharia Council das related to the ‘war on terror’ (see the chapter vary enormously in different contexts. Some coun- Where Muslim women are facing extreme dis- (MLSC) in London, Sonia Nurin Shah-Kazemi ‘Religious minorities in a post-9/11 world’), as tries have very separate systems of family law for advantage, discrimination and marginalization in found that out of just over 300 cases, there were 28 the book Muslims in the UK: Policies for Engaged example, while others have supplementary systems the UK, it is entirely practical for them to seek a forced marriages and a number of marriages that Citizens, by the New York-based Open Society for only parts of the legal system or only certain new or different way of accessing their entitlements had only been carried out Islamically, without also Institute (OSI), acknowledges. groups of the population. and rights, or to achieve redress or legal recourse. having been conducted under English civil law. In In addition, Muslim women, like all women, In the UK, there are a number of instances In addition, against a backdrop of racism and her book Untying the Knot: Muslim Women, Divorce are at high risk of specific forms violence. But where Sharia alternatives to mainstream services are Islamophobia, it is perhaps not surprising that the and the Shariah, Shah-Kazemi discusses how the attempts to understand and address this gender- legally available to Muslims. British food regula- question of introducing separate mechanisms for importance of religion and religious identity for based violence are often filtered through the lens tions have been adapted to allow Sharia-compliant justice for Muslims crops up. Moreover, where the these women are key reasons why they use Sharia

44 Balancing women’s rights State of the World’s Minorities State of the World’s Minorities Balancing women’s rights 45 with freedom of religion and Indigenous Peoples 2010 and Indigenous Peoples 2010 with freedom of religion courts for divorce. Even where they might be able to are, in many cases, not actually necessary at all in laws to apply to us as to other Canadian women. We ‘We are supported by an international coalition of secure a divorce under English civil law, if they do the UK. Because marriage ceremonies in the UK like the Charter of Rights and Freedoms, which safe- groups watching closely the Ontario government’s not divorce under Islamic law, they, their family or must be conducted in a ‘registered building’ to be guard and protect our equality rights. We know that decision in relation to Boyd’s report. Their concern local community members, who have a large impact valid, the civil marriage ceremony generally precedes the values of compassion, social justice and human for the potential erosion of women’s rights within on individual behaviour, may feel that the divorce is any Islamic one. Once married under civil law, the rights, including equality, are the common basis of constitutional democracies based on religious justi- not complete and that they are still married. author explains: Islam and Canadian law.’ fications is in keeping with the provisions of the Further, according to a paper published by the Canadian Charter, and with international agree- Canadian Council of Muslim Women in 2005 ‘the nikah then becomes merely a ceremony of religious In response, the Ontario government appointed ments (i.e. the Convention on the Elimination of All entitled, The Reception of Muslim Family Laws in celebration and blessing, legally without significance Marion Boyd to analyse the problem and propose Forms of Discrimination against Women (CEDAW) Western Liberal States, most of the cases the ISC has in either English or Muslim law as far as the status of a way forward. CCMW commissioned two stud- and the Declaration on the Elimination of Violence dealt with stem from this exact situation: women, the parties is concerned: a man can no more marry a ies with which to try to lobby Boyd: Applicability Against Women) to which Canada is a signatory. We who had already obtained civil divorces but whose woman to whom he is already married in Muslim law of Sharia/Muslim Law in Western Liberal States and demand that the Government of Ontario both under- husbands had not consented to Islamic divorces, than he can in English law.’ Family Arbitration Using Sharia Law: Examining stand the intent of these agreements and ensure that were appealing to Sharia courts to secure their Ontario’s Arbitration Act and Its Impact on Women, domestic laws and regulations are not in contraven- Islamic divorces. In these cases, a civil divorce is sufficient from a the second one jointly with NAWL and the tion of them.’ legal perspective, and would even be recognized in National Organization of Immigrant and Visible The costs of separation Muslim countries. It is therefore important to ask: Minority Women (NOIVMW). In a press release Eventually, and after much public debate, the It is clear that informal Sharia arbitration courts are whose interests are being served by the myth that about the studies’ findings, CCMW argued, government of Ontario decided to disallow the offering something of value to some Muslim women additional Islamic divorces are necessary? Sharia ‘Separate arbitration tribunals to settle family mat- use of faith-based arbitration in family law. On 14 in the UK. However, and as Muslim women’s courts are proposed as a means of negotiating ters under Sharia/Muslim family law will ghettoize February 2006, it passed the Family Statute Law organizations in Canada have successfully argued between the majority rules and minority religious and further marginalize vulnerable women.’ Amendment Act, which states that all arbitration (see below), these courts can also come at a cost for needs. But, as Maleiha Malik writes in her essay in Nevertheless, in her 2004 report Dispute under family law in Ontario should be conducted Muslim women precisely because they are parallel, the 2005 book edited by Madeleine Bunting, Islam, Resolution in Family Law: Protecting Choice, in accordance with Canadian (including Ontario) rather than mainstream, options. Race and Being British: ‘This recognition of external Promoting Inclusion, Boyd recommended allowing law only. Unfortunately, Sharia courts are not free from hierarchies should not blind us to the fact that there faith-based arbitration within Ontario’s family law. wider sexist tendencies in society. In her journal are also power hierarchies within groups.’ Following publication of the report, CCMW and Muslim women as mainstream article, ‘Muslim women and “Islamic divorce” in other women’s groups began to campaign against not marginal England’, Lucy Caroll uncovers some evidence that Muslim women’s experience the Ontario government adopting the recommenda- Although parallel options such as Sharia arbitration Sharia courts in the UK favour men’s perspectives by in Canada tion. NAWL published a position paper analysing courts can seem to provide Muslim women a way requiring wives to pay money to their husbands, or It was to challenge such myths and gender bias that the negative impacts of the proposed faith-based to have the best of both worlds – practising their return jewellery and money given as marriage gifts, Muslim women’s organizations in Canada mobilized arbitration for women’s rights, Arbitration, Religion religion while continuing to have all their rights in exchange for divorce. As a result, some Muslim against the proposed introduction of Sharia arbitra- and Family Law: Private Justice on the Backs of preserved – they risk being a false solution if and women are effectively being held hostage in their tion courts into the Ontario legal system from 2002 Women, arguing: when these courts operate outside the mainstream marriages until they can pay for their freedom. Given to 2006. system and national legal scrutiny. In effect, Muslim the statistics on Muslim women’s poverty and access According to the National Association of ‘When the resolution of family law matters is relegated to women are pressured to trade between their rights as to work quoted above, being able to afford divorce Women and the Law (NAWL), the controversy the private domain of arbitration with no limits, there women and their rights as religious people. against a husband’s will may prove impossible and over the proposal intensified in 2003, when are serious threats to the equality rights of certain vulner- Some Muslim women will perceive the choice as accessing the financial means through family mem- the Ontario Islamic Institute of Civil Justice able groups such as women.’ follows. They can either be Muslims, using Sharia bers may represent a significant barrier because of announced its intention to use the courts to con- courts that flow from their religious convictions stigma, for example, discouraging women further. duct binding family law arbitrations in accordance Soon after, NAWL sponsored an international but risk sexist outcomes, or they can be women, Under the guise of religious obligations, Sharia with Islamic law. Concerned about the impact such conference entitled International Perspectives on getting their divorces from the UK or Canadian courts also risk limiting Muslim women’s choices. faith-based arbitration would have on women’s Faith-based Arbitration. The conference led to the legal system that do not necessarily correspond to The idea that Sharia courts provide a useful func- rights, the Canadian Council of Muslim Women creation of the No Religious Arbitration Coalition, Islamic thinking but which are formally scrutin- tion for Muslim women seeking Islamic divorce (CCMW) took a public position challenging the which issued the Declaration on Religious ized. To be fair, there are still problems of sexism reinforces the notion that Muslim women need idea that religious freedom required a parallel sys- Arbitration in Family Law that was signed by over a within, for example, the UK legal system, as the to secure Islamic divorces to be ‘truly’ divorced in tem of law and pointing to the threat to women’s hundred groups, of which the CCMW was the first. UK government’s own Corston Report confirmed the eyes of their religion. Without this religious rights such a move could entail, saying: The text specifically appealed to international agree- in 2007. Sometimes this is mixed with a culture acceptance of their divorce, some Muslim women ments on gender equality to challenge the notion of institutional racism, namely the idea that ‘their may believe they cannot remarry, for example. Yet ‘CCMW sees no compelling reason to live under any that religious freedoms should trump women’s culture allows violence against women’; this is an Caroll explains in some detail why Islamic divorces other form of law in Canada, as we want the same rights, saying: example of the issue being seen through a filter

46 Balancing women’s rights State of the World’s Minorities State of the World’s Minorities Balancing women’s rights 47 with freedom of religion and Indigenous Peoples 2010 and Indigenous Peoples 2010 with freedom of religion of ‘Muslimness’, as described above. But asking not just the ones that are in the majority or that fit each task independently will not only fail to serve Muslim women to be either Muslims or women, as the majority’s rules. Muslim women are not part- these women, it could also risk undermining these if this is an easy or even possible choice – for some time citizens. women’s rights. Indeed, sometimes the changes women will feel that it is not – is not a fair request It is clear that the rules are not working for proposed for one agenda (i.e. tackling religious to make. Muslim women are entitled to all of their some people, so a change of system is called for. discrimination and accommodating the needs of rights as complete people, and it is the government’s Obviously minority groups have less power and religious minorities) might actually come at the responsibility to provide them. influence, so governments should be careful about cost of the other (i.e. women’s rights), as the case of Providing separate parallel options excuses gov- demanding unfair adaptations from people, and unregulated Sharia courts informs us. ernments from having to think about how to inte- human rights laws can help in this area. But ultim- Yet parallel options can be appealing to many grate the needs of religious minorities into the main- ately, countries will be stronger, and the rules work Muslim women against the backdrop of extreme stream. It also reinforces the view that religious min- better, when they are able to meet the needs of all disadvantage, discrimination and marginalization orities should negotiate for special accommodation, the people who are bound by them. that in part results when countries do not adequate- because the rules of the game are made without A state system that sets itself up as beyond, or ly address the needs of religious minorities gener- bearing in mind their needs or priorities. Moreover, not geared towards, religious thinking will present ally or Muslim women in particular. This appeal such accommodations end up happening in paral- a barrier to those whose lives are lived in religious risks being misleading, however. In reality, parallel lel rather than being integrated. Any adaptation to belief. When those people, in addition, belong to a options can present a false solution to women from the needs of religious minorities in this situation is minority of even those who are religious, the chal- religious minorities, forcing them to trade their seen as an adjustment of the norm, as if the norm lenge can be compounded. But separate parallel rights as women for their rights to religious free- were neutral rather than constitutive of a dominant systems for religious minorities are only a temporary doms. This trade is unfair and should not be asked paradigm that serves those not in a religious minor- solution; they allow governments to avoid having to of Muslim women; they are entitled to have all of ity. Thus, where the core laws that apply to all are change to meet the needs of people who are differ- their needs and rights met – as Muslims and as not fundamentally altered, religious minorities are ent. They also take power away: Muslim women are women – by governments just as others are. seemingly offered the choice of either using parallel encouraged to settle for minority systems and fend The fact that religion figures centrally in how options and being marginalized or using mainstream for themselves instead of trying to change the main- some Muslim women would like to live their lives options and sacrificing their religious beliefs. stream system to meet their needs. is something the state must address from within For Muslim women, this means that their rights Muslim women in Canada have successfully a commitment to upholding human rights for all and priorities are treated as ‘special interest’ rather organized against the introduction of separate paral- women from religious minorities are equal citizens, than mainstream by decision-makers. This divides lel systems, in particular the use of Sharia courts and, as such their rights constitute legitimate claims the treatment of Muslim women from how other, for arbitration. Their efforts are useful to consider which the majority should be concerning itself with. non-Muslim women are treated. The UK’s parallel not only because they revealed the diversity of The challenge of reconciling minority religious option allows a government’s progressive ideas on opinion that exists within the grouping ‘Muslim beliefs with majority laws that do not stem from women’s rights to be suspended suddenly when it women’, shattering the notion that Muslim women those beliefs is a fundamental question for democra- comes to Muslim women because they are ‘differ- are an undifferentiated mass, but more importantly cies and democracy-building. The solution cannot ent’. In practice, this means that compromises are because they pushed the state to recognize how it be a short-cut that tells minorities to manage them- offered legislative, legal and policy scope for those was failing to deliver women’s rights to them. In selves, regardless of the risks to women’s rights. p Muslim women who choose to prioritize their reli- successfully demonstrating how Muslim women’s gion, when such compromises would not be accept- rights are women’s rights, just as other women’s able for non-Muslim women, given that they risk rights are, they brought into the mainstream the leading to sexist decisions. In any case, non-Muslim notion that minority demands are legitimate claims women would be more readily able to seek recourse on the state that the majority should be concerning in the regular court systems for sexist outcomes. itself with. Muslim women have the right not to be discriminated against for their religious beliefs and Conclusion they have the right to practise their religion too. The experiences of Muslim women in Canada But Muslim women also have rights as women. and the UK provide several lessons on how indus- Countries that have religious minorities need trialized countries need to reflect the needs and to treat the needs of women from these groups priorities of religious minorities on the one hand, – as both women and as members of religious as well as better protect women’s rights on the minorities – as a central issue. Governments must other. More importantly, by focusing on women take responsibility for the needs of all their citizens, from religious minorities, we learn that pursuing

48 Balancing women’s rights State of the World’s Minorities State of the World’s Minorities Balancing women’s rights 49 with freedom of religion and Indigenous Peoples 2010 and Indigenous Peoples 2010 with freedom of religion TUNISIA MOROCCO

ALGERIA LIBYA Western EGYPT Sahara

MAURITANIA MALI NIGER ERITREA SENEGAL THE GAMBIA CHAD SUDAN GUINEA-BISSAU BURKINA DJIBOUTI FASO GUINEA BENIN NIGERIA SIERRA TOGO ETHIOPIA LEONE CÔTE CENTRAL D’IVOIRE GHANA LIBERIA AFRICAN REP.

CAMEROON SOMALIA

UGANDA SAO TOME EQUAT. Africa AND PRINCIPE GUINEA REP. OF KENYA GABON Korir Sing’Oei THE CONGO RWANDA DEM. REP. BURUNDI OF THE CONGO INDIAN TANZANIA O C E A N

ANGOLA MALAWI AT L ANTI C ZAMBIA

O C E A N MOZAMBIQUE ZIMBABWE MADAGASCAR

NAMIBIA BOTSWANA

SWAZILAND

LESOTHO

SOUTH AFRICA inority rights protection and promo- cattle and goat farming have disappeared, creating $920m (£563m). It is arguable that such practices Reserve. This is in line with the 2006 decision of tion in Africa did not register much greater food insecurity and increasing dependency disproportionately impact on land held by minority the Botswana Constitutional Court. M improvement in 2009. Forced or on the state for food rations, MRG’s 2009 work or indigenous groups, largely because these groups The use of legal approaches to facilitate resolu- threatened evictions, either on the grounds of envi- on climate change found. The failure by the UN own land under tenure arrangements that are not tion of some of the seemingly intractable challenges ronmental protection or to secure land for national Conference on Climate Change in Copenhagen in sufficiently protected by national legal systems. This facing minorities received a further boost in 2009. development, took place among hunter-gatherer December 2009 to agree on an international treaty situation is more serious for women and children Shell, the oil company, settled an alien tort claim communities of Ogiek and Sengwer peoples in to check global warming represents a great threat among vulnerable minority groups, who must pro- instituted against it in the United States by Ogoni Kenya. Pastoral Maasai in the Loliondo area in to the livelihoods of indigenous peoples in Africa. vide for families using land-based resources, from activists in Nigeria for the corporation’s complic- Ngorongoro district of Tanzania also suffered forced These livelihoods are already stretched beyond their medicinal plants to wood fuel. ity in human rights violations. These included the evictions that were particularly violent, including capacity for resilience, according to the ACHPR in A December report by Fahamu, a leading pan- environmental damage caused on Ogoni land by oil rapes perpetrated by security agents of the state. its 2009 work on climate change and human rights. African civil society platform, said that demands extraction operations. According to the BBC, Shell Responding to the widespread nature of these evic- The link between natural resource exploitation for territorial self-determination have re-emerged paid out US $15.5 million in compensation for this tions, the African Commission on Human and and the violation of minority rights remained of in Tanzania’s largely Islamic island of Zanzibar, on claim. The Movement for the Survival of Ogoni Peoples’ Rights (ACHPR) issued an urgent appeal significant concern in 2009, especially in the energy the heels of news of new finds of extensive oil and People (MOSOP), a leading advocacy organization requiring the Tanzanian state to halt the evic- sector. This trend is expected to intensify with natural gas reserves. These claims were supported by in the Niger Delta, welcomed the decision. tions and provide an explanation, which had not the energy needs of the continent far outstripping this author’s interview with Edward Porokwo, the In April 2009, the ACHPR handed down its first been received by the 46th Ordinary Session of the supply. According to Friends of Lake Turkana, a Executive Director of Pingos Forum, a well-known decision in favour of the Endorois community in ACHPR in November 2009. Kenyan NGO, the construction of the Gibe III indigenous peoples’ NGO in Tanzania. Kenya, recommending restitution of the commu- Conflicts in Chad, Democratic Republic of project in Ethiopia’s Omo River, a main inlet of With the referendum on the self-determination nity’s ancestral lands in Lake Bogoria. This decision Congo (DRC) and Sudan continued to dispropor- Kenya’s Lake Turkana, will have adverse impact on of Southern Sudan just a year away, 2009 saw marked an important moment for the recognition of tionately impact on minority communities, and the Karamojong, Turkana and Toposa communities increased military conflict in the oil-rich Abyei collective rights in the ACHPR’s jurisprudence. particularly on minority women and children. The that depend on the Lake Turkana basin. Further, district, pitting the Sudanese People’s Army (SPA) States are, in some cases, still failing to imple- Lord’s Resistance Army (LRA), a Ugandan rebel the expansion of Olkaria II geothermal fields in against the Sudanese People’s Liberation Movement ment judicial decisions touching on indigenous land force, attacked villages in the DRC and, accord- Kenya, as reported by news agency Bloomberg in (SPLM). This led to the displacement of Dinka rights in Botswana (Miscellaneous Application No. ing to the UN High Commissioner for Refugees November 2009, may have a negative environ- tribal communities. However, the decision of the 52 of 2002 Roy Sesane and Anor v. The Attorney (UNHCR), displaced over 120,000 people in the mental and socio-cultural impact on the Maasai Hague-based Permanent Court of Arbitration General of Botswana, 2007), Uganda (Benet case, months of August and September 2009. Conflict community living in the precincts of Kenya’s Hell’s (PCA) in July 2009 brought some hope of an end 2006) and Kenya (Civil Application 305/2004, also continued in North and South Kivu, affecting Gate National Park, according to the Centre for to this conflict, when it delimited the borders of Rangal Lemaiguran and Others (on behalf of the many communities including the Batwa/Bambuti. Minority Rights Development (CEMIRIDE), a Abyei oil fields between the Dinka and Masseriya Ilchamus) v. Attorney General, 2008). But rather In Ethiopia, the conflict between the government Kenyan NGO. ethnic groups. than be discouraged by this, minorities are increas- and the Ogaden National Liberation Front (ONLF) In Uganda, oil finds in Bunyoro, in Amuru ingly using courts, and this provides a visible in Somali Region has continued into 2009. In district of Northern Uganda, are also increasing Legal progress? national and international platform for their griev- August 2009 Al-Jazeera, the international news serv- tension between Kampala and communities in one While the above context paints a fairly grim pic- ances against the state, if nothing else. ice, interviewed human rights defenders who alleged of Uganda’s ancient kingdoms, the Bunyoro-Kitara ture of the human rights situation of minorities in New normative standards and institutional that the scale of indiscriminate killings and burning empire. These large energy projects have report- 2009, the approach of African governments towards arrangements at the regional level in 2009 could, of villages taking place in the Ogaden was of a simi- edly been implemented without the free, prior and minorities seems to be slowly changing. A discourse in the long term, engender greater realization of lar nature to those happening in Darfur in Sudan. informed consent of minority communities. that recognizes the existence of minorities is emerg- minority rights in Africa. These include the deci- Only a few reports on this low-intensity – but Global food security is a problem that profoundly ing, and this seems backed by attempts at resolving sion of the African Union’s Assembly of Heads nevertheless deadly – conflict in Ogaden have been impacts on the minorities and indigenous peoples minority concerns through some limited consulta- of State in Sirte, Libya, in July 2009 to adopt the published due to severe restrictions on the media in Africa; food insecurity was severe in 2009. In tion rather than by imposing predetermined solu- Framework and Guidelines on Land Policy in and humanitarian organizations by the Ethiopian response to this crisis, some of the world’s wealthi- tions. For example, in 2009 Botswana held consul- Africa, which commit states to ensuring that land government. est countries, notably the Gulf States and China, tations with the Wayeyi minority group with a view laws provide for equitable access to land, especially Indigenous peoples also bore the brunt of the are buying or leasing land in Africa to satisfy to formulating solutions to the Wayeyi’s historical by the landless, women, youth, displaced persons impact of climate change. East African pastoralists, their appetite for food and bio-fuels. In what the exclusion from the House of Chiefs (a traditional and other vulnerable groups. Similarly, the African for instance, lost 70 per cent of their livestock dur- UN Food and Agriculture Organization (FAO) governance structure that exerts enormous influence Union (AU) Convention for the Protection and ing the drought of 2006–9, according to a report described as the ‘new scramble for Africa’, nearly in informing state developmental priorities). The Assistance of Internally Displaced Persons in Africa, by the Humanitarian Policy Group, a collective of 2.5 million hectares (6.2 million acres) of farmland Botswana government also reported to the ACHPR adopted on 22 October 2009 in Kampala, Uganda, non-governmental organizations (NGOs) and oth- in just five sub-Saharan countries, Ethiopia, Ghana, that it was consulting with the San community to provides more protection for minorities, who are ers including Care International. As their traditional Madagascar, Mali and Sudan, have been bought develop a more comprehensive framework for the often internally displaced from their ancestral lands. resource base diminishes, traditional practices of or rented in the past five years at a total cost of community’s access to the Central Kalahari Game As well as institutionalizing the role of the Special

52 Africa State of the World’s Minorities State of the World’s Minorities Africa 53 and Indigenous Peoples 2010 and Indigenous Peoples 2010

Rapporteur on internally displaced persons, the Special report Convention obligates states to ‘prevent political, social, cultural and economic exclusion and mar- ginalization that are likely to cause displacement of populations or persons by virtue of their social Statelessness identity, religion or political opinion’ (Article 1(b)). It also requires states parties to ‘protect communi- ties with special attachment to, and dependency, on and religious land due to their particular culture and spiritual val- ues from being displaced from such lands, except for minorities in compelling and overriding public interests’ (Article 4(5)). The adoption by the African Court on Africa Human and Peoples’ Rights (ACtHPR) of its first decision in Michelot Yogogombaye v. The Republic Citizenship establishes the scope of rights and of Senegal, Application No. 001/2008, although responsibilities provided to an individual within criticized for delays, marked the end of the Court’s a state. Many people cannot claim a nationality ten-year hiatus and provides opportunities for the or citizenship because they lack official proof further litigation of minority rights. Unfortunately, of birth or are incapable of satisfying the high only Burkina Faso has made the requisite thresholds of connection with the state estab- Declaration accepting the right of individual peti- lished under national laws. These individuals tion to the Court, thereby limiting access thereto by are denied rights associated with citizenship, aggrieved minorities except via the ACHPR. and hence become stateless. According to the International Observatory on Statelessness, a Religious minorities European academic think-tank, ‘Statelessness their rendition to Ethiopia to stand trial for terror- Above: Nubian women and a child in Kenya. In 2009, the International Labour Organization issues appear in all regions of Africa, often ism offences on the grounds that the youths were Nubians continue to have difficulty in getting (ILO) and ACHPR report, The Rights of Indigenous affecting ethnic or religious minorities consid- non-nationals attracted the ire of civil society in access to National ID cards, employment and Peoples in 24 African Countries, noted that Africa ered to be “non-indigenous” to the country at Kenya. In response, the Kenyan state established the education. UNHCR/G. Constantine. today is a net importer of religious doctrine. Islam hand or groups with historical or cultural ties Presidential Action Committee to Address Specific in the north and north-west and Christianity in sub- elsewhere.’ Statelessness also arises in coun- Concerns of the Muslim Community in Regard individual’s citizenship claim. This practice is in Saharan Africa have taken the place of or fused with tries that do not permit female citizens to pass to Alleged Harassment and/or Discrimination in sharp contrast to the treatment of other ethnic and pre-existing indigenous African religions. According nationality to their children. 2007. In its July 2009 report, the committee raised religious groups in Kenya, whose pursuit of identity to the 2009 Afrobarometer Working Paper (no. 13), According to scholar Bronwen Manby, sig- concerns about, among other things, the arbitrary documents is prima facie successful, even when docu- traditional African religions in their pure form have nificant populations of concern include 3.5 arrests of Muslims based on their religious dress. mentary proof is lacking. According to an April 2009 declined from approximately 20 per cent of the sub- million in Côte d’Ivoire who lack identity docu- The Nubian community has been present in Forced Migration Review report, for the Nubians, Saharan population since 1970. Clashes within one ments; 110,000–155,000 Sahrawis taking refuge Kenya for about 100 years. Many live in harsh condi- the length of time required to obtain citizenship small sect of either Islam or Christianity, and the in Algeria, who have been stateless for 32 years; tions of poverty and deprivation in the Kibera slum documents, if they succeed at all, ranges from 5 to dominant facets of these faiths, are the hallmark of and hundreds of thousands of children in Egypt in Nairobi. Before 2009, when Nubians were finally 10 years, since most of them have to be screened by religious conflicts in Africa. Followers of Buddhism with non-Egyptian fathers. recognized in the national population census process, a vetting committee. The report states that, prior to and Hinduism are largely made up of the immigrant Religious minorities in Africa are arguably to be a Nubian and a Muslim in Kenya amounted to 2009, the committee was comprised mainly of non- Indian, Japanese or Chinese groups in the continent. more likely than other groups to experience the membership of a non-Kenyan identity. Despite this Nubians. Almost 50 per cent of Nubians still have By virtue of their non-proselytizing approach, these problem of statelessness. The situation of the recognition, however, they continue to suffer from no documents to prove their citizenship, resulting in religions have remained fairly uncontroversial in Nubians in Kenya and of the Baha’is in Egypt citizenship-based discrimination. Isa Abdul Faraj, the their de facto statelessness. Africa, in contrast to both Islam and Christianity. is a testament to this proposition. It can also Chair of the Nubian Council of Elders informed this In Egypt, the government requires all identifica- Recent research suggests that religious pluralism be argued that the challenges facing minority author in November 2009 that the bulk of Nubians tion papers to list religious affiliation but restricts rather than homogeneity promote development and communities in Kenya’s North Eastern and experience obstacles to their application for citizen- the choice to the three officially recognized religions: democracy, hence the need to emphasize protec- Coast provinces in procuring identity docu- ship in Kenya immediately upon disclosing their Islam, Christianity and Judaism. Baha’is are thus tion for other faiths beyond the dominant Islam ments are compounded by their Islamic faith. names, most of which are Arab and identify them as unable to obtain identification papers because they and Christianity. As evidence from 2009 shows For instance, the arbitrary arrests of 18 Kenyan Muslim. Such designation instantly results in more refuse to lie about their religious affiliation. (see country sections below), the rights of religious Muslim young people in March 2009 and documentary evidence being required to sustain an The Baha’i World News Service, a pro-Baha’i minorities in Africa need better protection. Although

54 Africa State of the World’s Minorities State of the World’s Minorities Africa 55 and Indigenous Peoples 2010 and Indigenous Peoples 2010 religion often provides an important platform to Association for Women’s Rights in Development lodges on condition that they desist from supporting mobilize groups in order to contest structural mar- (AWID), a Canada-based international women’s game hunting. Meanwhile Survival International, ginality, violent extremism has unfortunately also rights organization, reported that a court in Biskra, a UK-based NGO, accused the Botswana govern- become endemic. Furthermore, many religious southern Algeria, also sentenced 26-year-old woman, ment of issuing 112 mining licences on Basarwa news agency based in Haifa, Israel, reported minorities suffer the extra discrimination of being Samia Smets, to 10 years’ imprisonment for alleg- land since their evictions, raising doubts about the in 2009 that without national identity stateless, which exacerbates their marginalization edly having violated the Qur’an. The same court was government’s intention to make the Basarwa co- documents, Baha’is and others caught in the from generation to generation. reported to have convicted six men for eating during owners in the mining and tourism wealth generated law’s contradictory requirements are deprived of Ramadan, the Islamic period of fasting. from CKGR. Such mining has been condemned as a wide range of citizenship rights, such as access Algeria unethical by the Bench Marks Foundation, an ecu- to employment, education, and medical and According to the Algerian Constitution, Islam is the Botswana menical corporate accountability organization, the financial services. state religion. The Constitution guarantees freedom Seretse Ian Khama retained the presidency in 2009, UN news agency IRIN reported in September 2009. of conscience and proscribes discrimination. While in elections that were deemed free and fair by elec- In March 2009, on a country mission to ‘Employers, both public and private, by law cannot the law (Algerian Family Code I.II.3) does not rec- toral observers. Such relatively successful elections Botswana, James Anaya, UN Special Rapporteur on hire someone without an ID, and academic insti- ognize marriages between Muslim women and non- belie the homogenizing policy of the Botswana the rights and fundamental freedoms of indigenous tutions require IDs for admission. … Obtaining Muslim men, it does however recognize marriages government that continues to impose the Tswana peoples, witnessed how the exclusion of indigenous a marriage licence or a passport requires a birth between Muslim men and non-Muslim women. By identity on all Botswana communities. As MRG Basarwa and other minorities from ‘the design and certificate; inheritance, pensions, and death benefits law, children follow the religion of their fathers, even reported in 2009, the chieftaincies based on Tswana implementation of the Government development are contingent on death certificates. The Ministry if they are born abroad and are citizens of their (non- identity deepen Tswana domination, while seriously initiatives affecting them’ affected the cultural diver- of Health has even refused to provide immuniza- Muslim) country of birth. Section 4 of the Algerian undermining the identity, including religions, of sity and identity of these communities. He observed tions to some Baha’i children because the Interior Criminal Code provides that ‘any damage or des- other minorities. In the struggle against perceived that this approach ultimately impeded government Ministry would not issue them birth certificates ecration of the Holy Book (Quran) is punishable Tswana privilege, Wayeyi and other minorities have programmes. Indeed, the present development para- accurately listing their Baha’i religion.’ by 5 to 10 years in prison’. While in most cases it is appealed to the courts, as well as the ACHPR. What digm on the part of the Botswana government runs non-Muslims that suffer deleterious effects from the the government likes to portray as an ethnically counter to its own Framework for a Long-term Vision In its 2009 report, international NGO Human Islamization of the law in Algeria, indigenous people homogeneous land is actually a multicultural coun- of Botswana (Vision 2016), which obliges the gov- Rights Watch (HRW) gave evidence of the too, especially women, are negatively impacted. For try, with about 45 ethnic groups speaking about 26 ernment to ensure the recognition of diversity and pervasive nature of religious discrimination instance, according to the 2009 report of the NGO different languages. engage in the promotion of minority cultures. against the Baha’is in Egypt. With reference the International Work Group for Indigenous Affairs Minority rights advocacy organizations in In contrast to the lack of respect for ethnic diversi- to court cases in Egyptian administrative (IWGIA), women from the Amazigh minority ‘suf- Botswana continue to contest the constitutional ty, the Botswana government has maintained a fairly tribunals, HRW highlighted the religious fer the weight of tradition and of the Family Code provision that only eight ethnic groups are capa- liberal attitude towards religious diversity. According persecution, exclusion and state failure to which draws full inspiration from Islamic (Sharia) ble of nominating representatives to the House of to the official website of the Botswana government, protect Baha’i religious liberties. However, law [and] places women in a subordinate position’. Chiefs. Consequently, other groups, numbering of the estimated 70 per cent of citizens who identify HRW cites two cases where discrimination This discrimination exists in spite of the Amazigh over 36, feel that their language, culture and reli- themselves as Christians, most are from the Anglican, based on the religious identity of Baha’is community’s demographic strength: about 30 per gions have come under threat because of the prevail- Methodist and United Congregational Church of was successfully contested in 2009. The cent of the Algerian population. ing Tswana hegemony. Southern Africa. These groups coexist with minor- first involved a lawsuit by the father of twin In theory, missionary groups belonging to the State resistance to an approach that is more ity Christian groups such as Lutherans, Roman children, who sought to obtain proper birth Christian faith are permitted to conduct humani- respectful of minority rights was evident in Catholics, the Church of Jesus Christ of Latter-day certificates for them. The second concerned a tarian activities without government interference Botswana’s inaugural report to the ACHPR Saints (Mormons), Seventh-day Adventists, Jehovah’s college student, who needed a national identity as long as they are discreet and do not proselytize in November 2009. In his submission to the Witnesses, Baptists, the Dutch Reformed Church card to re-enrol in university but could not openly. But according to the US International Commission, the Minister for Justice, Defence and and Mennonites. Muslims, primarily of South Asian obtain it as a Baha’i unless he falsified his Commission on Religious Freedom (USCIRF) Constitutional Affairs reported that the state had origin, who number slightly more than 5,000, as religious identity. In both cases, the court Annual Report 2009, at least 12 Christians and con- not implemented the court’s decision of 2006 to well as smaller groups of Hindus and Baha’is, enjoy provided a compromise in which members verts to Christianity from Islam were prosecuted on allow the Basarwa tribe to return to the Central equal treatment with other faiths. USCIRF reported of the Baha’i religion were allowed not to charges of breaching Ordinance 06-03. This 2006 Kalahari Game Reserve (CKGR). He argued that that representatives of Baha’i, Christian, Hindu and disclose any religious affiliation in their identity government law regulates faiths other than Islam. the court’s ruling presented ‘impracticable solu- Muslim communities came together in April 2009 to application documents. These decisions USCIRF also presented evidence of instances in tions’, but asserted that dialogue was ongoing form and register an official interfaith council to dis- depart from an initial decision of the Egyptian which converts to Christianity have suffered perse- between the state and the Basarwa community, to cuss religious issues and promote interfaith dialogue. Supreme Court that had dismissed the Baha’i cution in the recent past in Algeria. They include ensure that the community benefits from revenue discrimination claim in December 2006. p a woman, Habiba Kouider, a convert from Islam, from the park through creation of their own eco- Burundi who was arrested and charged in March 2009 after tourism lodges within the CKGR. He said that It is noteworthy that Burundi’s current Constitution police found copies of the Bible in her bag. The Basarwa will be trained and allowed to run eco- uses the terms ‘minority groups’ quite explicitly to

56 Africa State of the World’s Minorities State of the World’s Minorities Africa 57 and Indigenous Peoples 2010 and Indigenous Peoples 2010 include ethnic, cultural and religious minorities, and allocation of natural resources. Forest-dwelling Ba’Aka, in schools due to the allegation that they ‘stink’ of ment, expropriation and violence against Bambuti recognizes that their substantive inclusion is a pre- in particular, were subject to social and economic dis- milk/butter, hence others do not want to sit next to communities throughout North and South Kivu, requisite to good governance and national security. crimination and exploitation, which the government them. Peul women are marginalized by an internal perpetrated both by the FDLR and by Congolese By linking minority rights protection with good has done little to prevent. Despite repeated promises, and external cultural context that does not incor- armed forces. governance and safety of the state, the Constitution the government took no steps to issue and deliver iden- porate them into decision-making structures, the The elusive Lord’s Resistance Army (LRA), places such rights on the same level as other major tity cards to Pygmies, lack of which, according to many report said. an insurgency group that originated in northern national concerns and pursuits. human rights groups, effectively denied them access to More than half of Chad’s population is Muslim, Uganda in the 1980s, attacked dozens of villages The Constitution further provides, in Articles 143, greater civil rights.’ approximately one-third is Christian, and the and towns, mostly between December 2008 and 164 and 180 respectively, for proportionate ethnic remainder follows indigenous religious beliefs or has January 2009, in the far north-east. Around 1,100 representation in public enterprises, the National The CAR, however, appears to be taking some no religion. Most northerners practise Islam, and civilians were killed, hundreds abducted and close to Assembly and the Senate. The explicit mention of steps to ameliorate the challenges faced by minor- most southerners practise Christianity or indigenous 200,000 displaced, according to Alan Doss, head of Batwa as beneficiaries of this ethnic quota constitutes ity and indigenous groups. With support from the religions. However, population patterns are becom- the UN Mission in DRC (MONUC). the highest level of identification for this ancient UN Office of the High Commissioner for Human ing more complex, especially in urban areas. In its consolidated Eighth, Ninth and Tenth hunting and gathering community in central Africa. Rights (OHCHR) and the ILO, the government Whereas the Chadian Constitution provides for Periodic Report considered by the ACHPR dur- With three seats in the National Assembly and in has sought to enact legislation that provides for freedom of religion, the government has proscribed ing its 46th Session in November 2009, the DRC the Senate, as well as a representative in the National affirmative action for minorities, similar to the law certain Muslim groups on the grounds of extrem- conceded interfering with the exercise of religious Commission for Land and Other Assets, Batwa vis- adopted in 2007 by the Republic of Congo. These ism. The African News Agency (AFROL) reported freedom in order to protect public interest. For ibility in public processes has marginally improved, efforts failed to bear fruit in 2009. In 2008, CAR in 2009 that Chadian troops killed 72 followers of instance, it reported suspending the activities of IWGIA reported in 2009. But despite such recogni- adopted a National Plan for Education for All, to a Muslim spiritual leader in Kouno, 300 km south- Pastor Kuthino Fernando’s Victory Army Church tion, stereotyping and the marginalization of Batwa increase access to education from 10 per cent to 80 east of N’Djamena, Chad’s capital city. The Islamic for burning the Qur’an live on television. people continues, resulting in their weak involve- per cent for ‘minority groups’ (‘Pygmy’, Mbororo leader had threatened to launch a ‘Holy war’ in In recent years, DRC has witnessed the mush- ment in public life. According to the 2009 report of and handicapped children and children living in defence of the Islamic faith and to fight corruption. rooming of many evangelical Christian sects, many the NGO Forest Peoples Programme (FPP), Batwa mining areas). However this policy has yet to be with massive support from the global Christian rarely attend political or religious gatherings. Most implemented. Democratic Republic of Congo community. Pastors of these sects implore their land traditionally held by Batwa has been annexed by The CAR Constitution provides for freedom of The vulnerable situation of minorities, including congregations to submit to divine providence, cast- dominant communities with state concurrence, leav- religion, although it prohibits what the government that of the Batwa or Bambuti Pygmies, in the DRC ing the solution to DRC’s social and political chal- ing most Batwa as squatters and consigning many to considers to be religious fundamentalism or intoler- in 2009 was compounded further by major armed lenges to God and not human agency. While such a life of bonded labour. ance. USCIRF 2009 reported that the government conflict, including in the Kivus and in the north- an approach is soothing to the political establish- Discrimination against Albinos is prevalent generally respected religious freedom in practice. east. An agreement between the governments of the ment, an attempt by religious organizations to chal- in Burundi. At least 12 Albinos in the eastern USCIRF further reported on the state’s continued DRC and neighbouring Rwanda led to joint mili- lenge corruption and maladministration is met with Burundian provinces of Cankuzo, Kirundo, ban since 2007 of Eglise Jehova Sabaot, an African tary operations in the Kivus at the start of the year repression and killings. In 2006 Bundu Dia Kongo Muyinga and Ruyigi, on or near the border with independent church, on the basis that its leader- targeting the Forces démocratiques de libération du (BDK), an Africanist spiritual movement estab- Tanzania, were killed in 2009 according to a ship was involved in various criminal operations. Rwanda (FDLR), a Hutu power group. Renegade lished in 1986 by Ne Muanda Nsemi, mobilized November Red Cross report. Although Eglise Jehova Sabaot public worship has Congolese general Laurent Nkunda was detained on traditional Kongo beliefs, recovered ancestral ways been derailed by this closure, members continued the Rwandan border and his forces of the Congrès of self-governance and attracted national attention Central African Republic to meet at private residences with little state national pour la défense du peuple (CNDP) when its supporters began to clash regularly with The Preamble to the 2004 Constitution of the interference. were rapidly integrated into the Congolese army. police. The exchanges were exceptional for the Central African Republic (CAR) emphasizes that With logistical support from the UN mission, the extraordinary persistence on the BDK side, and CAR is a state that guarantees security of persons Chad Congolese army launched a new operation against the unwarranted brutality and unprecedented use and property and protects the most vulnerable, Discrimination against minorities in Chad contin- the FDLR, Kimia II, which continued for most of of lethal force by state security forces. Independent minorities in particular. USCIRF reported that, in ued, despite the government’s adoption of a law the year, leaving hundreds of thousands displaced. reports by the UN and HRW suggest that several spite of constitutional prohibition of discrimination, in 2006 that includes the promotion of tolerance As part of this conflict, some members of the hundreds of unarmed BDK supporters were mas- indigenous groups experienced multiple cases of and respect for other cultures as one of the objec- Batwa/Bambuti minority community in the DRC sacred. Congolese authorities, however, continued discrimination with regard to the right to property, tives of the educational system, the ILO and an have suffered torture, burning of their houses and to label BDK a ‘terrorist group’ and maintained natural resources and citizenship. The report specifi- ACHPR 2009 report said. The Peul minority, a killings, and have experienced a particularly high that the death toll from the clashes was around 30 cally noted that there is: nomadic cattle-breeding group constituting about incidence of rape and extreme sexual violence. Two persons. In March 2008, police made a pre-emptive 250,000 of Chad’s 10 million population, expe- investigation missions undertaken by MRG and strike, killing 200 BDK members in anticipation of ‘societal discrimination against Pygmies (Ba’Aka and rienced continued stereotyping in 2009. A 2009 its partner organization the Réseau des associa- further protests. The UN Mission in DRC consid- Baninga)…. They continued to have little say in deci- report in Indigenous Affairs journal stated that Peul tions autochtones pygmées (RAPY) in March and ered the killings a deliberate effort to wipe out the sions affecting their lands, culture, traditions, and the girls are most discriminated against and stereotyped September revealed a pattern of repeated displace- BDK movement.

58 Africa State of the World’s Minorities State of the World’s Minorities Africa 59 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: Coptic boys sell posters from a street stall dur- quently used to restrict the work of civil society and ing the Coptic festival Moulid of Mari Girgis near the media’. The Charities and Societies Proclamation Luxor, Egypt. James Morris/Panos. Law was adopted on 6 January by parliament. This new law criminalizes human rights activities by Consequent upon these systematic attacks on reli- foreign NGOs and by Ethiopian organizations that gious freedoms, Eritrea was designated one of the receive more than 10 per cent of their funding from eight ‘countries of particular concern’ for serious vio- abroad; imposes disproportionate penalties for minor lation of religious freedom by the US Commission. administrative breaches of the law; and allows govern- USCIRF also stated in 2009 that ‘the government ment interference in the operation and management has also interfered with the Catholic Church, taking of civil society organizations. NGOs such as the over church schools, health clinics, and other social Pastoralist Forum of Ethiopia, the leading lobby for service facilities. Since November 2007 it has expelled pastoralists’ rights in the country, which depends at least 14 foreign Catholic missionaries by refusing on international funding to carry out its economic to extend their residency permits.’ empowerment and governance reform programmes, Over 3,000 members of unregistered churches will be adversely affected. have been incarcerated in Eritrea since 2005 and Ethiopia presented its Article 62 Report dur- many have been beaten or otherwise abused to ing the 46th Session of the ACHPR in November compel them to renounce their faith, HRW’s 2009 2009. The delegation presenting the periodic World Report said. report argued that the Constitution only recog- The use of torture to repress religious expression nizes ‘nations, nationalities and peoples’ and makes is widespread. Almost 3,000 of the estimated 20,000 no mention of indigenous peoples or minorities. Eritrean prisoners of conscience are Christians. This understanding of minorities falls short of According to a 2009 report in the UK national international standards as expressed in paragraph Egypt state-controlled in 2009. HRW reported that the newspaper, the Guardian, they were detained pend- 5.2 of General Comment 23 on Article 27 of the The year 2009 saw Egypt joining with the USA to government has failed to implement the outcomes ing denial of their faith. International Covenant on Civil and Political Rights sponsor a resolution before the UN Human Rights of the 1997 referendum that would have ushered (ICCPR): ‘The existence of an ethnic, religious or Council (HRC) that sought common ground in a new constitution, hold competitive elections Ethiopia linguistic minority in a given state party does not between proponents of a prohibition on ‘defamation or re-open the independent interim parliament On paper, the 1995 Constitution of the Federal depend upon a decision by the state party, but of religion’ and free speech advocates. However, the suspended since 2002. Republic of Ethiopia is an example of what a con- requires to be established by objective criteria.’ country did not fare better in ensuring the protec- The government issued permits only to stitution protective of minorities in a multicultural In contrast to Eritrea, Ethiopia showed relative tion of religious minorities within its territory. Orthodox Christian, Catholic and Lutheran African society should look like. The lived reality of tolerance for religious diversity, allowing the major- Alongside Baha’is, whose discrimination has churches, and Muslim communities, to practise minorities in Ethiopia in 2009, however, is a study ity Ethiopian Coptic Church to coexist with other been discussed above, Copts also continue to their religion. While the recognized religious of exclusion and oppression, suggesting that a good Christian and Islamic faiths. USCIRF reported suffer religious persecution. In June 2009, the groups are allowed to operate, they too have not constitution on its own does not offer solace to that in 2009, minority religious groups, including Catholic Online, the official online news source been spared. In 2006, for instance, the govern- minorities unless it is anchored within a supportive Jehovah’s Witnesses, Jews, members of the Church of the Catholic Church, reported that hundreds ment forced out the patriarch of the Eritrean political culture and institutional frameworks. of Jesus Christ of Latter-day Saints (Mormons), ani- of young Coptic girls, including many under-age, Orthodox Church after he refused to interfere with According to an International Crisis Group (ICG) mists and practitioners of indigenous religions: have been kidnapped, raped, forced to convert to a movement to reform the church and he remains September 2009 report, the Ethiopian Peoples’ Islam and marry Muslim men. Egypt’s 12 million confined to date. In 2008 the government revoked Revolutionary Democratic Front (EPRDF) policy ‘occasionally complained of discrimination in the alloca- Copts comprise about 15 per cent of the popula- the exemption from military service for most of ethnic federalism has not dampened conflict, but tion of land for religious sites. Protestants reported dis- tion. According to the report, Christians who Orthodox priests. USCIRF said that: rather increased competition among groups that vie crimination in treatment and access by local officials when want to convert to Islam are welcomed with open over land and natural resources, as well as admin- seeking land for churches and cemeteries. Local authorities arms, while Muslims who would like to convert to ‘In January 2009 the government reportedly car- istrative boundaries and government budgets. ‘The refused to grant land to Muslim leaders to build mosques.’ Christianity are usually imprisoned and tortured. ried out countrywide arrests of influential Muslims, EPRDF’s ethnic policy has empowered some groups Out of 444 representatives, Egypt’s parliament describing the 60 Muslims arrested as “radical to the disadvantage of others, deepening the sense Kenya has just two Coptic elected representatives, one of Islamists.” Early in 2009, the government also began of communal grievance that pervades the country The 2007/08 post-electoral violence was marked by whom was disqualified for holding dual citizenship. confiscating vehicles marked with license plates des- … [and] powerfully promoted ethnic self-awareness fratricidal ethnic conflict. Since then, the coalition ignated for religious groups. The mass confiscation among all groups,’ the report said. government established in 2008 has held together Eritrea severely limited the abilities of the religious groups to Amnesty International (AI) reported that in 2009, and attempted to heal the fractured sense of civic Eritrea’s social-political life remained highly perform daily tasks.’ ‘legislation and other forms of regulation were fre- trust. But the sheer scale of displacement, accompa-

60 Africa State of the World’s Minorities State of the World’s Minorities Africa 61 and Indigenous Peoples 2010 and Indigenous Peoples 2010 nied by the worst drought in years, and economic the slum upgrading project, an important national Muslims in Northern Kenya purport to circumcise ever; hence the mere possession of Bibles and other downturn exacerbated by global recession in 2009, initiative. In the same vein, the search for national girls in order to comply with Islam. Christian literature at home is by itself not illegal. has frustrated the government’s efforts, according solutions to the energy crisis facing the country, has Non-nationals who are mainly Roman Catholic and to an October 2009 report by the Kenya National resulted in the drilling of massive geothermal wells Mali live in and around the capital, Nouakchott, are able Dialogue and Reconciliation Monitoring Project. in Olkaria, with the Maasai community inhabiting The government of Mali has struggled to end the to practise their religion. A small number of Jewish In 2009, the Kenyan government established this part of the country suffering deleterious envi- conflict with Tuareg people, a nomadic minority expatriates practise their religion, although they do key institutions identified in the National Accord ronmental effects. who have periodically taken up arms demanding not have a synagogue. and Reconciliation Act of 2008 to reform the The Kenyan Harmonized Draft Constitution greater rights for their people, including political In 2009, AI reported that hundreds of migrants, electoral and boundaries system, finalize the released on 17 November 2009 has strong language autonomy. Intensive oil exploration by Chinese believed to be heading to Europe, were arbitrarily writing of a new constitution and roll out a that recognizes minorities both at the national level and Australian firms ongoing in northern Mali, arrested and detained in Mauritania. ‘Many were national programme of healing and reconcili- and at the three levels of proposed devolved govern- have heightened Tuareg demands for equity in detained in inhuman conditions and ill-treated ation. The establishment of a Commission on ment (county, region and states) proposed by the natural resource exploitation in their territory. The before being expelled, frequently not to their coun- Integration and Cohesion and the Truth, Justice Draft. The Draft, like the current Constitution, Jamestown Foundation, a Washington-based inde- tries of origin and without being able to challenge and Reconciliation Commission (TJRC) in early grants the minority Muslim religion its adjudica- pendent think-tank, reported in 2009 that, while the expulsion decision,’ the report said. 2009, and the appointment of the Commissioners, tive mechanism, the Kadhi courts, and empowers the July 2006 Algiers agreement calling for greater Mauritania has in the past been censured by are particularly indicative that the state no longer it to determine personal matters between two con- government efforts in developing the northern the ACHPR for arbitrary expulsion of black wishes to sweep the problem of ethnic discrimi- senting Muslims subject to the supervision of the regions of Gao, Timbuktu and Kidal in return for Mauritanians on racial grounds. These expulsions, nation and historical injustices under the carpet. High Court. This proposal has angered Christian Tuareg abandoning their demands for regional which took place in 1989 and 1990, saw some While these institutional arrangements provide groups, particularly the Pentecostals and evangelical autonomy has resulted in substantial surrender of 75,000 people expelled. By July 2008, only 4,500 opportunities for the better understanding of groups under the banner of the National Council of arms, conflict still remained. of the deportees had been repatriated to minority rights, none of them have come up with Churches. Consequently, on this ground alone, the According to AI, in 2009 the difficult economic Mauritania through the technical and material explicit strategies for ensuring substantial involve- Kenyan Church has threatened to mobilize its mem- conditions in the country saw protests organized assistance of the UNHCR and with the cooperation ment of minority communities in their processes. bers to vote against the Draft Constitution when it against the rise in the price of basic commodities and of the state, scholar Bronwen Manby reported in The government, in spite of the decision of comes to the referendum in June 2010. The debate against plans to privatize the supply of water in Lere, 2009. Since the 2008 coup, the repatriation pro- the African Commission on the Endorois case between the two communities has focused around in the north-west of the country occupied by Tuareg. gramme has stalled. (see above) that asserted the rights of a minority the Kadhi courts and the constitutional review, and At least six people were injured in November 2009, community to self-determined development, has allowed extreme elements from both sides to speak one of whom died later in hospital, when security Namibia persisted in its approach to national development out with great vehemence. forces shot at the demonstrators. Mali’s response to In November 2009, Namibia held its fourth multi- without due regard to the rights of minorities and For the first time since independence, the Kenyan economic challenges in the country further accentu- party elections since the end of South Africa’s indigenous groups enshrined in various interna- cabinet adopted a draft land policy which estab- ate Tuareg grievances against the state. domination two decades ago. While the South tional and regional human rights instruments. For lished community land tenure to replace the highly NGOs have reported that Mali displays a high West Africa People’s Organization (SWAPO) won instance, in pursuing an important national project discredited trust land system that has been highly degree of religious tolerance towards minority a comfortable majority, there is increasing pressure to conserve the Mau forest, a water catchment disadvantageous towards minorities. This draft groups. Aid to the Church in Need, a Catholic for it to carry out bold programmes of land reform, area that serves the entire East African region, the policy has been presented to parliament and adopt- charity said in its 2009 report on religious liberty Reuters news agency reported. government’s strategy is to carry out massive evic- ed as Sessional Paper No. 3 of 2009. Already it that, ‘no legal obstacles to conversion from one Namibia is a predominantly Christian country. tions of all persons accused of encroaching on the appears that the implementation of this policy will religion to another’ exist in Mali, and Christians are Ten per cent of its 2.1 million citizens practise forest. While the need to conserve the Mau forest is be strongly resisted by lobby groups, particularly free to preach without fear of persecution. USCIRF indigenous beliefs. The Legatum Institute (a important, the government’s handling of the Ogiek the Kenya Land Owners Association, which works 2009 noted that members of the same family in UK-based think-tank) ranked Namibia 63rd out community, which for centuries has utilized this with large-scale land holders, most of whom own Mali can adhere to different faiths and ‘that fol- of 104 countries in its Prosperity Index in 2009. environment in a sustainable fashion and which ranches in the largely pastoralist districts of Laikipia, lowers of one religion attend religious ceremonies However, the relative prosperity of Namibian indi- claims this forest as its ancestral land, has been less Naivasha and Kajiado. of other religious groups, especially baptisms, wed- viduals did not seem to favourably influence state than satisfactory. Speaking to the New York Times Harmful practices against minority women, espe- dings, and funerals’. and non-state treatment of minorities in 2009. in November 2009, Daniel Kobei of the Ogiek cially female genital mutilation (FGM), continued While the conservancy system in Namibia allows Peoples Development Programme (OPDP), said the among pastoralists in northern Kenya and parts of Mauritania communities to manage rural areas as ‘protected Ogiek will suffer irreparable violations of their right the Rift Valley. In spite of legal prohibition against Islam is constitutionally decreed the state religion in areas’, where they are still allowed to carry out to life and cultural survival, among others, if evicted the practice, the government has failed to ensure its Mauritania; much of the Mauritanian population traditional economic activities including hunting alongside recent forest squatters. effective monitoring, thereby weakening the deter- practises Sunni Islam. Proselytizing by non-Muslims and gathering, this has not necessarily improved Similarly, the Nubian community, which for rent effect of the law. In July 2009, 300 girls were and the printing and distribution of Bibles and the lot of minorities. The Indigenous Peoples of 100 years has occupied Kibera slum, were neither reported to have gone through FGM in Marakwet other non-Islamic religious materials is explicitly Africa Co-ordinating Committee (IPACC) reported consulted about, nor have they benefited from, district in North Rift, the Daily Nation said. prohibited in the country. Privacy is respected, how- in 2009 that, for instance, Khwe, a San-speaking

62 Africa State of the World’s Minorities State of the World’s Minorities Africa 63 and Indigenous Peoples 2010 and Indigenous Peoples 2010 community, are not recognized as an ethnic group reported land and air strikes by the JTF on militia Rwanda Somalia by the central government and hence lack politi- camps and communities across the Warri South and A new law criminalizing ‘genocidal ideology’ was In January 2009, following UN-sponsored cal representation in government. The absence of a South-west local government areas in Delta State, promulgated on 1 October 2008 and began to be peace talks, an agreement between Somalia’s singular traditional authority is the reason given for including the Ogoni minority community, leading implemented in 2009. The terms of the crime are Transitional Federal Parliament (TFG) and the this denial of the right to representation. While the to a virtual occupation of the area by the JTF for ambiguously expressed; however, the offence is Djibouti-based wing of the opposition Alliance Constitution of Namibia as implemented through several months. ‘When residents were finally able punishable by 10 to 25 years’ imprisonment. The for the Re-Liberation of Somalia (ARS-Djibouti) the Communal Land Reform Act of 2002 grants to return in August 2009, most found their houses intention of this law has been questioned by many was signed. A Government of National Unity traditional chiefs unfettered authority over com- destroyed, worsening their already imperiled liv- international organizations, including the NGO was formed and parliamentarians elected a new munal land, it denies San people recognition of ing conditions, but also raising questions on the Article 19. It is feared that the law is an instru- president, moderate Islamist Sheikh Sharif Ahmed. their traditional authority, hence by implication proportionality of the government offensive against ment for stifling freedom of expression and limiting The peace agreement also led to the withdrawal of curtailing their land rights. The result is often con- the militia groups,’ the report said. These large-scale political space for those opposed to the current gov- Ethiopian troops from the country. flict with other communities. A July report in daily forced evictions were carried out despite previous ernment. In December 2009, Rwandan opposition However, radical Islamist opposition groups newspaper The Namibian said that conflict arose in government assurances that no evictions would take presidential candidate Bernard Ntaganda was sum- such as Al Shabab and Hizb-al-Islamiya continued Nyae Nyae between cattle farmers wishing to use place. There were reports that some state officials moned to answer charges under the law at a Senate to fight. The African Union’s peacekeeping force the conservancy land and Ju/’hoansi who are pre- asked for bribes to protect villagers’ property from committee inquiry. He denied promoting genocide (AMISOM) was targeted and on 22 February a serving and conserving the area – and who depend demolitions. The compensation paid has simi- ideology and ethnic ‘divisionism’. While govern- suicide attack against an AMISOM base killed 11 on it for their survival. The situation continued to larly been criticized as inadequate or non-existent, ment sensitivities to the use of ethnic differences are Burundian soldiers. On 20 February, President seriously threaten the livelihoods of Ju/’hoansi San according to AI. understandable given the 1994 genocide perpetrated Ahmed offered to introduce Sharia law in exchange people in their ancestral land as well as the diverse Nigeria’s 140 million people are nearly evenly against the Tutsi minority, the state’s ethnic policy for a truce. However, in April and May, fresh fight- wildlife found in the area, including a number of divided between Christians, who predominate in may also conceal hierarchies and discrimination ing in and around Mogadishu led thousands to endangered species, the report said. the south, and Muslims, primarily in the north. against vulnerable minorities such as the Batwa and flee in a new wave of displacement. According to In August 2009, The Namibian reported that the In July 2009, four days of rioting was ignited by women from minority groups. the Norwegian Internal Displacement Monitoring Legal Assistance Centre (LAC), a Namibian com- Boko Haram, an Islamic sect opposed to Western While Rwanda’s 1994 conflict pitted the Hutu Centre, up to 1.3 million Somalis remained dis- munity organization, condemned the exploitation education, medicine and values in Borno, Kano and Tutsi ethnic groups against each other, MRG placed in early 2009. of the Himba minority by a Swedish reality TV and Yobe, in northern Nigeria; 800 people (mainly has reported that Rwanda’s minority Batwa popula- Al Shabab captured most parts of the country show, whose depiction of the community was con- Boko Haram supporters and three Christian pastors) tion also suffered mass killings. But they were not including Mogadishu and the south and central demned as ‘derogatory’ and in contravention of the were confirmed killed. The rioting, which initially recognized in post-conflict reparations frameworks regions. Civilians continued to be indiscriminate principles of the UN Declaration on the Rights of targeted police and government bases, also led to in Rwanda. In May 2009 the UN Human Rights victims of the conflict. MRG field research in 2009 Indigenous Peoples. (UNDRIP) extensive property losses, including the destruction Committee, in its concluding observations on found minorities, including children, were recruited In 2008, the UN Committee for the Elimination of government installations, according to a July Rwanda’s Periodic Report, raised concerns about the to fight by Al Shabab forces. Al Shabab imposed of Racial Discrimination (CERD) expressed concern report by the BBC. non-recognition of the existence of minorities and a harsh version of Islamic law in areas it captured. about the high incidence of rape of San women by Sharia (Islamic law) is already in force for indigenous peoples in Rwanda, as well as reports MRG research found that informal Sharia courts members of other communities, and recommended Muslims in 12 northern states, but the sect is fight- that members of the Batwa community are victims were imposing penalties of amputation and ston- the launch of investigations. The Namibian state ing to have it enforced more broadly in those states of marginalization and discrimination. ing. AI said that there were several public execu- has yet to carry out any proper investigations to and to impose it throughout Nigeria, the BBC said. Rwanda’s religious minorities have also suffered tions, including the stoning of a 13-year-old girl address gender-based violence perpetrated against Twenty churches, police stations and prisons were some discrimination. USCIRF reported in 2009 that in Kismayu. Some reports said she was a member San women. burned before police captured Boko Haram’s leader, members of Jehovah’s Witnesses continued to be of the Tumal minority. In Brava, Al Shabab forces Mohammed Yusuf. He was killed in detention. detained by local authorities. Seventeen were arrested destroyed Barawani shrines, desecrated tombs and Nigeria According to news agency Al-Jazeera, the attacks and imprisoned for up to one week after they declined, detained sheiks for several days. Nigeria is a diverse country of 250 ethnic groups. had been in alleged retaliation for the burning of for religious reasons, to participate in night patrols – a Many killings targeting Christians occurred in Managing these complex differences, which are two mosques by Christian groups. community policing response to crime. However, 2009. According to Christian news agency Compass often reinforced by religious divisions, is a sig- The disproportionate use of force by the Nigerian judges ruled in 2005 that members of the faith were Direct, in September Omar Khalafe, 69, was shot nificant challenge to the state. Social and political military police against Boko Haram has been criti- not required by any law to take part in the patrols. dead by Al Shabab fighters at a checkpoint near grievances have abounded since independence from cized, however. This conflict came on the heels of Government officials presiding over wedding Merca, after he was found with 25 Bibles in Somali Britain in 1960, often leading to serious conflicts. another religious conflict in Jos ignited by political ceremonies generally require couples to take an in his possession. USCIRF reported that Christians In May 2009, clashes between the Joint Task differences. In November 2008, more than 700 peo- oath while touching the national flag. Jehovah’s keep a low profile, only worshipping in house Force (JTF) set up by the Nigerian government ple were killed in Jos, the capital of Plateau State, Witnesses object to this on religious grounds, mak- churches. Converts to Christianity have also been to combat kidnappings by armed groups in Delta when a political feud over a local election degener- ing it difficult for its members to marry legally. attacked. State, in the south-west of Nigeria, led to two weeks ated into bloody confrontation between Christians Some find placing their hands on a Bible on top of The impact of increasing Islamic fundamental- of fighting between the JTF and militia groups. AI and Muslims. Violence erupted again in early 2010. the flag is an acceptable alternative. ism on women in Somalia is clear. In April, CNN

64 Africa State of the World’s Minorities State of the World’s Minorities Africa 65 and Indigenous Peoples 2010 and Indigenous Peoples 2010 reported that Al Shabab ordered women in Baidoa sometimes members of the Puntland police, army threat to their safety. to cover their bodies and heads from view or risk or security service. MRG research has found they ‘We are Another woman, this time from a noble clan, a jail term, and prescribed the specific colours for have great difficulty in obtaining access to justice, describes the consequences of marrying a man such clothing. It is not clear yet how this order with police often refusing to investigate minority considered from the saab. She says that although she knew has affected women from minority groups in the complaints, including allegations of rape. Where the risk of marrying her husband, ‘destiny is more country, but it curtails women’s right to privacy and customary law is applied, minority elders must important than anything else …’ They married bodily integrity. Speaking to the New York Times in negotiate compensation with their majority coun- inferiors and secretly in a nearby town in 2009, but have been September, President Ahmed indicated that most terparts, and, following this, submit the decision living in a state of anguish since her family found Somali women already wear such veils. to the courts, which close the case with no further no one wants out about their wedding. The bride told MRG: investigation or judicial action. Minority members Somaliland have reported ongoing discrimination in such cases. to marry us’ ‘My life became unbearable when my family got to know Regions that had begun to show signs of pursu- In February 2009, a 16-year-old from a minority about my marriage. I was beaten up by my family who ing a path of sustainable change faltered in 2009. was killed in a fight in Bosasso. He was held down had my husband imprisoned. The police officers tried The Somaliland Republic in Hargeisa failed to by a group from the majority community, and Inter-clan marriage in Somaliland is still a cause their best to mediate and explained to my family that conduct scheduled elections. Despite generally killed with a piece of glass. The compensation given of violent conflict, MRG researchers in the our religion did not forbid inter-marriages. But there greater awareness and implementation of minority was 70 camels (where 100 are customary for the region have found. was no way to convince them. The police decided to keep rights compared to the rest of the country, progress life of a member of the majority community) and my husband in jail as a way to protect him from further was limited in 2009 by government inaction and cash of 200,000 shillings, where the normal rate is retaliation. At last, he was freed after the intervention of the persistence of negative social attitudes towards 300,000 shillings. The case was settled and closed Compared to southern Somalia, Somaliland is con- others of his relatives.’ minorities among members of the majority clans. by the court. sidered to be relatively safe from inter- and intra-clan Access to justice remains difficult for minorities, The ongoing situation of Somali peoples includ- violence; the last clan conflicts were resolved in 1997. Despite the adversity that they face, she and her who include Yibro clan peoples and the Gaboye ing its most vulnerable minorities was worsened at However, despite this comparative stability, violence husband now live together. She says: occupational group. Political participation is also the end of 2009 by severe drought. More detailed against members of minority groups is still prevalent. an issue. However, extreme anti-minority views are information on Somalia’s minorities, including first- Minority occupational groups, collectively known ‘I live in a constant state of panic and tension. I am rarely heard in public; and where they are, they are hand testimony, can be found in MRG’s forthcom- as saab or boon in Somaliland, are faced with par- afraid that my family members will kill me because criticized by the mainstream media. ing (2010) report on the country. ticular prejudice. They are considered to be inferior they have already done all that they could. Sometimes Intermarriage between those from ‘noble clans’ to majority groups, who are referred to as ‘noble’ they attack me in public places and people of goodwill and those from occupational groups has increased Sudan clans. This prejudice extends to customs including have rescued me. I do not know when this nonsense in recent years. However, women have reported Despite the 2005 Comprehensive Peace Agreement marriage. Members of noble clans are absolutely for- will end, only Allah the Almighty knows.’ being beaten by their families if they undertake such (CPA), which ended the two-decades-long civil bidden to marry members of the saab. a commitment. Some have told MRG they are in war between North and South Sudan, stable peace In 2009, one saab woman told MRG how Sometimes the violence towards couples of such fear for their lives. MRG has serious concerns about in the country remains elusive. Sudan has failed to her marriage to a man from a noble clan ended marriages can escalate and affect those around stability in Somaliland and the safety of minori- heed calls to address issues of identity and participa- violently when his family found out about their them. A 17-year-old saab girl recalls watching wed- ties. Many remain in camps for internally displaced tion – on both a political and economic level – relationship. His relatives beat her and forced her ding celebrations of a woman from a noble clan people. concerning land rights, justice and non-discrimi- husband to divorce her. She continued: and a man from the saab on her way home from nation. A December 2009 ICG report said, ‘The school. As she was watching, big cars drove up to Puntland failure to foster democratic transformation in the ‘they identified me as the major problem, the one the party and armed men got out. When she saw Minorities in Puntland, who include Yibro and North has also undermined the chances for political tempting their son. I was terribly injured and my the men, she started to run out of fear and ignored Gaboye, as well as Bantu, live in extreme condi- settlement in Darfur and exacerbated tensions in family had to take me to hospital. The elders met and them when they told her to stop. She says, tions, and are subject to discrimination by police, other parts of the country.’ I was given compensation. Their message was clear: the judiciary and members of majority clans. This On 4 March 2009, the pre-trial chamber of the “Take your compensation and leave our son alone.” We ‘they shot me in my arm. That was the last time I went is the case both for groups born in the region and International Criminal Court (ICC) issued an arrest are considered inferiors and no one wants to marry us.’ to school. I am now afraid of going out. My arm still Bantu, many of whom are IDPs from southern warrant against Sudanese President Omar El Bashir hurts and it is not functioning properly. All I remember Somalia, and live in camps. Minorities also experi- for war crimes and crimes against humanity com- Because of such violent reactions from their fami- is that I fainted. I do not know what happened after ence barriers to political participation from major- mitted in Darfur. He was the first head of state to lies, couples with partners from different clans often that. I heard that other people were also wounded.’ p ity clans. MRG research has found that violations be so charged by the ICC. In response, the govern- choose to leave their homes to start a new life against minority women and children in Puntland ment of Sudan immediately revoked the permits of together. However, eloping is not always possible Edited by Rahnuma Hassan from MRG’s are widespread. A persistent pattern of rape of 13 international humanitarian aid organizations and and some couples choose to remain despite the forthcoming report on Somalia. minority IDP women in Bosasso exists. Perpetrators closed down three national organizations. The clo- include men from majority communities and sures came without prior notice and the government

66 Africa State of the World’s Minorities State of the World’s Minorities Africa 67 and Indigenous Peoples 2010 and Indigenous Peoples 2010 did not allow a transition period in order to ensure Right: Mundari people at a cattle camp in Central continuity of supply of emergency aid in Darfur and Equatoria Province, Southern Sudan, October other parts of Sudan. 2009. J. B. Russell/Panos. Violence against minorities, which began in Kordofan in 2007, continued in 2009. In February, Christians continue to suffer discrimination from local members of the Popular Defence Force (PDF), government permissions departments concerning aligned with the governing National Congress the right to build places of worship. Conversion Party (NCP), threatened to kill a local Presbyterian from Islam is a crime punishable by death. Life for Church leader, according to the UN. In March, converts to Christianity from Islam is made so dif- PDF members interrupted a church service and ficult that they often flee Sudan, USCIRF said. threatened further destruction after breaking the Public order laws in Sudan, inspired by strict cross on the church’s roof, USCIRF said. In the interpretation of Sharia, impacted on women. same month, a Catholic church in Shatt Dammam According to the Strategic Initiative on Women in and an Episcopal church in Shatt Mazarik were tar- the Horn of Africa (SIWHA), a regional women’s gets of arson attacks. According to USCIRF, church rights NGO, these laws impose ‘severe penalties leaders reported to the UN that the crimes were not for behavior which does not cause loss or damage investigated by Kadugli police. At the end of the to other persons’ property or life; behaviour which month, following fighting between the PDF and would be permissible in most states in Africa’. the Sudan People’s Liberation Army (SPLA), the While the ACHPR in Curtis Francis Doebbler v. Southern Kordofan State Legislative Council held a Sudan indicted Sudan for its Criminal Code, which special session to address the mounting religious and sanctioned public lashings of women in order to ethnic tensions in the area. secure chastity by limiting public contact of the In Southern Sudan, inter-tribal conflict in Jonglei two sexes, and ordered the state to review the law, and Warrap states claimed more than 300 lives. A by 2009 Sudan had done nothing to ensure that complex mix of factors, including access to cattle its laws complied with the African Charter. In two grazing, which nomadic communities must have to high-profile cases, Lubna Hussein, a journalist survive, as well as cattle raiding and mutual suspi- attached to the UN in Khartoum, was convicted cion between ethnic groups and political groupings, of the crime of ‘indecent or immoral dress’ when saw clashes between Bari and Mundari communities she wore a pair of trousers, an outfit which is worn in April. daily by women across African cities. For this, she The Abyei dispute over natural resource shar- was fined £200. Although the Sudanese government ing in central Sudan displaced over 50,000 people (in its third periodic report under the International in 2008, when fighting broke out between the Covenant on Civil and Political Rights) claimed to Sudanese army and SPLA forces. Following this the have abolished Public Order Courts in 2007, in fact NCP and the Sudan People’s Liberation Movement this authority sentenced Lubna to caning. agreed to accept as final and binding a ruling by In November 2009, a 16-year-old South Sudanese an arbitral tribunal in The Hague. The decision of Christian girl, Silva Kashif, was sentenced under the the International Arbitral Tribunal on Abyei was same decency law to be lashed 50 times for wearing a announced in July 2009, placing the Hellig oil field mini-skirt. In media interviews the girl said the skirt in particular outside the Abyei area. International came below the knee. Such laws affect non-Muslims observers said the implementation of the ruling as well and serve to increase the religious polarization would provide a ‘litmus test’ of the will of both between the various Sudanese regions. sides to implement the CPA. Some believe that if key elements are not properly implemented, and the Darfur international community does not help to ensure The situation in Darfur deteriorated further in this, Sudan risks a return to all out civil war. early 2009. Attacks on villages and against the UN-African Union joint Mission in Darfur Religious minorities (UNAMID), led to further displacements in In the north, all Christians and followers of other the troubled region. The Internal Displacement traditional religions are subject to Sharia law. Monitoring Centre, an NGO, reported that the

68 Africa State of the World’s Minorities State of the World’s Minorities Africa 69 and Indigenous Peoples 2010 and Indigenous Peoples 2010 total number of IDPs in Darfur was 2.7 million in stand towards religion. Sharia in personal matters the region. This resulted in deaths and destruction and revealing the depth of its support for homopho- January 2009. It said that from January to March was discontinued from application in courts and the of property, and eroded community support for the bia in Africa.’ However, while most orthodox reli- a further 65,000 people were displaced. Aid efforts Kadhi’s courts were abolished immediately after inde- disarmament programme. It also led to the suspen- gious groups support the legislation, they are opposed and strategies to tackle the difficult conditions many pendence, ushering in an era of legal universalism. sion of funding to the programme by the main to the penal measures proposed, particularly the face are being affected, and this is compounded by This refusal to accommodate the Islamic judicial bilateral donor to the project, Norway. use of capital punishment. These developments, as the ongoing threats to peoples’ safety, which, in system, particularly in Dar es Salaam and the islands Batwa, one of the most vulnerable communities pointed out earlier in this chapter, generally portend turn, leads to waves of displacement, the report said. of Zanzibar and Pemba, historically the regions with in the world, witnessed further deprivation of their ill for pluralism in Uganda. the highest concentration of Muslims in the country, access rights in the Bwindi Mgahinga National Tanzania increased the resonance of demands for separation Park when DRC, Rwanda and Uganda signed an Western Sahara In its pursuit of foreign direct investment in the agri- from the mainland in 2009. Notable is the fact that agreement to create a transboundary biosphere out The struggle for self-determination of Western cultural, mining and tourism sectors, the Tanzanian the national anthem of Tanzania has on occasion been of the national parks that cover the Virunga land- Sahara continued in 2009 despite Morocco’s hard- government carried out violent evictions of minority shunned by the Zanzibar House of Representatives in scape. This decision, like many before it, was taken ening position. In 2007, the UN attempt to break groups. These were accompanied by rapes and other favour of their original anthem and sporadic use of the with no consultation or involvement of Batwa. The the deadlock over Western Sahara brought Polisario gender-based violence against the Maasai indigenous Zanzibar flag has also re-emerged in 2009, according Benet Lobby Group reported that a decision of the and Moroccan authorities together for the first time community in Loliondo in August and September to interviews conducted for this report. In May 2008, Ugandan High Court to restore the ancestral rights in ten years. But two years on, this spirit of open 2009, the Chair of the African Commission’s Working 12 elders from Pemba presented a memorandum to of the community over Mt Elgon National Park dialogue seems to have dissipated. UN Security Group on Indigenous Populations/Communities in Oscar Fernandez-Taranco, the head of the UN dele- in 2005 remained largely unimplemented by the Council Resolution 1754 in April 2007 called Africa reported. The government leased out part of the gation in Dar es Salaam. The key point of the memo- state, even though about 1,000 of their members in for the two parties to hold unconditional talks to community’s land to the Sovereign Emir of the United randum was secession from Tanzania. As was expect- Kapchorwa district have been temporarily allowed achieve ‘a mutually acceptable political solution Arab Emirates (UAE) through the OBT Corporation ed, Dar es Salaam perceived these actions as treason- to settle in the park. providing for the self-determination of the people to carry out safari hunting in Loliondo, NGO Survival ous, arresting and prosecuting the 12. Zanzibar’s Uganda’s 2005 constitutional amendment that of Western Sahara’. However, Security Council International said. discontent, although often framed in religious terms, created the new Equal Opportunities Commission Resolution 1871 of April 2009 effectively down- This was the latest in a series of such evictions. appears to be linked to the unequal share of revenue (EOC) mandated the government to establish it graded the previous resolution and urged the parties Land in another village in Ngorongoro, Soitsambu, resources between the island and mainland, especially within a year. The EOC was intended to address ‘to hold small, informal talks in preparation for a was allocated to Tanzania Breweries Limited (TBL) after the discovery of natural gas in Zanzibar. discrimination and to ensure that affirmative action fifth round of negotiations’. to facilitate barley cultivation in 2003. This was for marginalized groups is promoted and observed. The apathy of the international commu- opposed by the Maasai community. TBL eventually Uganda Despite passage of the 2007 Equal Opportunities nity towards Western Saharan demands appears leased the land to Tanzania Conservation Limited, a In September 2009, a three-day riot in Kampala Act, the Commissioners were only appointed by the unchanged, particularly after the European Union subsidiary of Thomson Tanzania Ltd, for 96 years, led to the deaths of at least 50 people and the arrest president in August 2009. While it is still too early (EU), in May 2009, launched fresh negotiations with IWGIA reported in 2009. of 600 others. Members of the ancient Buganda to assess its strengths, the establishment of the EOC Morocco, reviving agreements which had previously The Barbaig community, another minority group kingdom rioted over the state’s refusal to allow their provides an important institutional mechanism been cancelled. These focused on the fisheries sector; whose land was annexed by the state for private traditional leader, the Kabaka, to visit a part of the which minorities in Uganda, including Batwa, can while Moroccan waters are relatively rich in fishery tourism development, has consistently refused to kingdom. The Buganda community has continued to use to advocate for recognition more visibly. resources, the most abundant fisheries are found off move from the land. They have experienced con- demand a semi-autonomous federal unit for itself, a In 2009, the president, contrary to the principles the coast of Western Sahara. The Representative for stant repression by security forces. In April 2008, demand largely driven by the quest for the restoration laid out in the Constitution, continued to cre- Europe of Western Sahara’s Polisario exiled govern- 14 Barbaig elders were arrested and incarcerated for of Buganda land annexed by the state after the aboli- ate new districts defined on an ethnic basis, the ment claimed in a letter in to the EU Commissioner refusing to accede to an order for the relocation of tion of kingdoms during the first Obote government. Ugandan newspaper New Vision said. on Fisheries and Maritime Affairs in May 2009 that, 45 families out of the leased land. The discovery of oil early in 2009 in Lake Albert The Ugandan parliament in 2009 considered ‘Morocco’s key tactic to illegally maintain its occupa- In the three cases, the Village Land Act of 1992, within the traditional territory of another kingdom, enacting a law that would reaffirm penalties for tion of Western Sahara is to include the Western which was meant to grant security of tenure to com- the Bunyoro Kitara, is also already creating serious homosexuality and criminalize the ‘promotion of Sahara waters within its fishing areas under Moroccan munities, seems to have been flouted with impunity, tensions with the national government. homosexuality’. The Anti-Homosexuality Bill of control in order to involve European interests in its mainly for tourism and mining. In the meantime, Minority groups in Uganda remain highly dis- 2009 targeted lesbian, gay, bisexual and transgender military illegal occupation and the permanent viola- the Wildlife Conservation Law enacted in 2008 advantaged. The Batwa, Benet and pastoralists in (LGBT) Ugandans, their defenders and anyone else tion of international law.’ grants powers to the Minister in Charge of Wildlife Karamoja, for instance, held no important chieftain- who failed to report them to the authorities, whether A European-wide coalition of pro-Sahrawi activ- to declare any land, including village land, a wildlife cies, meaning their access to political participation they are inside or outside of Uganda (International ists, united in the ‘Fish elsewhere campaign’ under protection area. is limited. In northern Uganda, the integrated Gay and Lesbian Human Rights Commission the leadership of AI, has underlined that the EU– Compared to some other African countries with a disarmament programme of the state, which for the [IGLHRC], 2009). These homophobic attacks are Morocco fisheries deal in its current form is con- Muslim minority, in Tanzania the debate on Sharia first time had been designed with the Karamojong’s reinforced by dominant religious views. Hence in trary to international law and the UN peace process. has taken a different dimension, largely due to inde- involvement, was abandoned in 2008, when the March 2009, the IGLHRC pointed out that, ‘The In order to clamp down on civil society demands pendent Tanganyika’s state policy to take a secularist state mounted another brutal security operation in American religious right is finally showing its hand for self-determination, Morocco has had recourse

70 Africa State of the World’s Minorities State of the World’s Minorities Africa 71 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Irriri, a sub-county of Karamoja, has become a means that there are few other means to procure constitutional reform and transitional justice rolled ‘Once villages are growing population centre, as people settle in large food. Communities like these rely on the UN on. However, these processes may yield little in an permanent groupings for reasons of security. Moses, World Food Programme to provide relief; many environment marked by intense political competi- disarmed, they the sub-county chief of Irriri, believes that one of cannot register for food aid, however, because tion between the coalition partners, and where the biggest problems faced by communities is that of incorrect population figures provided by the ZANU PF continues to dominate the control of of insecurity and conflict. Despite government government. Even if registering for food aid is security infrastructure which it manipulates at will. are not provided attempts to increase security, the situation has not possible, there is no guarantee that the food aid USCIRF reported that Anglican Christians improved. Although the government has attempted will be sufficient, as many villagers complain from the Church of the Province of Central with any extra to disarm groups, it has not provided them with that raids often occur soon after delivery and Africa (CPCA) were arrested, harassed and pre- alternative livelihood strategies which they can pur- again the communities are left with nothing. vented from attending church by the government. protection’ sue in order to dissuade them from continuing to Women in particular identify other issues Police continued to disrupt Anglican church raid other villages. Another problem has been that, as well, regarding basic services such as schools services and sanctioned the seizure of property once villages are disarmed, they are not being pro- and access to water. They say there has been by splinter groups. They arrested parishioners, Samia Liaquat Ali Kan talks to sub-county vided with any protection, leaving them vulnerable an inadequate provision of good-quality educa- interrogated priests and lay leaders, and locked chief Moses in Irriri, Uganda, about issues faced to attacks from other groups. Inevitably, they need tion for themselves and their children. Hidden the doors of churches to keep worshippers away. by pastoralist communities and the lack of to procure weapons to protect themselves and the fees mean it is difficult for families to afford to Religious leaders who were critical of government impact government policies have had on their cycle of violence continues. send their children to school; often schools are policies, who spoke out against human rights lives in the past ten years. Discussions with the communities confirm that located far away from the communities, which abuses committed by the government, and who insecurity is a major concern. People feel that the makes it very hard for younger children to be provided humanitarian assistance to citizens dur- government has not been able to protect them from able to attend. Access to water is still a problem, ing a nearly three-month ban on NGOs, were The semi-nomadic pastoralist communities of armed groups and this has resulted in people being as women have to travel for miles in order to also harassed, the report said. The Standard, a Karamoja have long been marginalized from main- killed and women being raped. They also men- collect water and firewood. This is a time-con- Zimbabwean daily newspaper, reported on 3 May stream political decision-making processes in Uganda. tion that, as violence has become a part of life, the suming activity and also dangerous, as there is 2009 that an Assemblies of God church in north- They suffer from extreme poverty and struggle to inability to protect one’s family signifies emascula- always the risk of being attacked or kidnapped. ern Matabeleland was closed down ‘as its resident maintain their traditions as wider socio-economic tion and can lead to social problems like alcoholism In terms of health care, there has been some pastor fled after being tortured by Zanu-PF sup- changes have had a negative impact on the sustain- and increased domestic violence. improvement as women receive free medicine porters on suspicion that he was an MDC sympa- ability of their lifestyle. One central problem these Another major concern is around access to food. through NGOs; however they still find that thiser’. Pius Ncube (then Archbishop of Bulawayo communities face is the outbreak of armed violence Attacks by other communities and cattle rustling government health clinics are often too far away Catholic Church and one of President Mugabe’s as groups compete for scarce resources. have resulted in a decrease of numbers of cattle over from them to access. most outspoken critics), was assaulted by security Past governments have done little to make a dif- the years and this means that communities can no Hearing from these communities makes it personnel and finally forced to resign through ference to Karamojong people, they considered pas- longer rely on their traditional pastoralist liveli- clear that the last ten years of government poli- negative state campaigning including allegations of toralism to be ‘backward’. This prejudiced view has hoods for survival. In addition, seasonal rains have cies specifically focusing on poverty reduction ‘immoral’ behaviour. p meant that the government policies that do address decreased in the last decade, and the areas of East have had little positive effect on their lives or issues faced by pastoralists are often not imple- Africa in which pastoralist communities reside have livelihoods. p mented properly, or are inappropriate or unsuccess- increasingly suffered from drought. For settled com- ful. An example of such a policy is the disarmament munities, farming and food production has become Text edited by Rahnuma Hassan from MRG’s attempts by the government that have been going increasingly difficult, as drought results in crop fail- forthcoming report on Poverty Reduction on since the 1980s. ure and the death of livestock. Insecurity in the area Strategy Papers

to its nationality law. Aminatou Haidar, a vocal tion of a government of national unity late in 2008. foreign enterprises and the grabbing of white-owned human rights defender was in 2009 refused the right The international community’s response to re-engage farms has not abated in 2009, even after the coali- of entry into Western Sahara by Moroccan authori- with Zimbabwe in 2009 has at least rekindled the tion agreement between President Mugabe and ties. Following a hunger strike of 34 days, she was hopes of a nation whose population was besieged by opposition leader Morgan Tsvangirai took effect. allowed to return. myriad socio-economic challenges, including the near While 2009 was expected to record a marked collapse of the education and health sectors. change in the political culture of the state, repres- Zimbabwe The white minority continues to be threatened in sion still informs the Zimbabwean government’s A collective sigh of relief marked the signing of the Zimbabwe, although overall they remain economi- response to politics. By fits and starts rather than global national accord in Zimbabwe and the forma- cally advantaged. The wave of nationalization of deliberate and consistent planning, the processes of

72 Africa State of the World’s Minorities State of the World’s Minorities Africa 73 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Alaska (US)

CANADA

N O R T H UNITED STATES PA CIFIC

AT L ANTIC OCEAN Americas CUBA Hawaiian Islands (US) MEXICO Maurice Bryan DOMINICAN REP. HAITI Puerto Rico (US) BELIZE JAMAICA GUATEMALA HONDURAS EL SALVADOR NICARAGUA

COSTA RICA VENEZUELA PANAMA GUYANA COLOMBIA Guyane (Fr.) SURINAM

ECUADOR

PERU BRAZIL

BOLIVIA

PARAGUAY

S O U T H CHILE URUGUAY PA CIFIC ARGENTINA he Americas region stretches from the human trafficking and threats against ordinary Some observers argue that attempts to hasten abuses, environmental degradation and climate South to the North Pole and includes citizens and human rights defenders continued to the process of change, particularly in Honduras, change. Indigenous and African descendant lands T large populations with varied cultures and occur or increased during 2009. This was obvious may have contributed to regional destabilization. continued to be usurped without consultation for ethnicities in North, Central and South America, not only in the conflict areas of rural Colombia According to reports from the Inter-American petroleum extraction, precious metal mining, log- and the Caribbean Basin. Among the hemisphere’s but also in Brazil’s favelas, the rainforests of Peru Commission on Human Rights (IACHR), the polit- ging and large-scale agro-industry, such as beef hundreds of millions are numerous indigenous peo- and Ecuador, and the urban centres, border ical turmoil that ensued in that country included production and oil palm and soybean plantations, ples, as well as African descendant populations and towns and resource extraction zones of Central notable instances of disregard for key international mostly for export to wealthy countries. This involves descendants of immigrants of European, Middle American countries such as Guatemala, Honduras human rights principles. The overall negative affect massive deforestation, biodiversity elimination, sin- Eastern and Asian-Pacific origin. and Mexico. Most of these areas are inhabited by of the political turmoil was directly felt by minor- gle-cropping, chemical spraying or leaching of toxic The battle to retain or reclaim ancestral lands and significant numbers of indigenous peoples and ity communities when widespread international mining chemicals. Regional environmental and cultures and protect basic rights continued to be African descendants. condemnation led to a freeze in the flow of interna- indigenous rights activists continued to call for more the primary focus of most indigenous and African tional development assistance to Honduras. These initiatives that examine the cultures of indigenous descendant communities during 2009. These Socio-political change financial sanctions held back efforts that could and African descendant communities, to see what populations remained the most socio-economically The societies of the Americas continued to undergo have helped in advancing national Millennium lessons these may contain for sustainable environ- marginalized in the region and under threat of ter- profound political changes during 2009. There Development Goals (MDGs), especially in light of mental management and coexistence. ritorial dispossession. Spokespersons for community was a notable increase in political participation the current global economic downturn. During 2009, the region also continued to be councils, especially in areas such as the Pacific coast by indigenous peoples and African descendants in affected by unprecedented heavy rains, landslides, of Colombia are now increasingly describing their countries such as Brazil, Bolivia, Ecuador, Paraguay, Economic change floods and droughts that occurred in countries situation in terms of ‘population cleansing’. Venezuela and the USA, including successful efforts After having reached historically high levels during from Argentina to Mexico, with the impact on The efforts of the affected African descendant to increase levels of representation at both local and the previous decade, money sent to Latin American the human population made worse by the existing and indigenous populations to achieve redress by national government levels. and Caribbean (LAC) countries by citizens abroad economic disparities and marginalization of African appealing to existing laws and statutes continued to The introduction of new ‘pluri-cultural’ constitu- continued to decline significantly in 2009. The descendant and indigenous communities. Among be met mostly by intransigence or indifference by tions in Bolivia and Ecuador, and the coming to World Bank reported that these remittance flows those most affected have been Guatemalan indig- state and private entities. In some instances, such as power of the first African-American president in US dropped by as much as 12 per cent compared to enous peoples, who have been suffering the effects the indigenous protests against resource extraction history were among the most obvious examples of 2008. The countries most affected by this include El of the worst drought in 30 years. In addition to in the Peruvian Amazon, this resulted in notably regional political shifts. The so-called ‘Obama fac- Salvador, Haiti, Honduras, Mexico, Nicaragua and, mining activities, the bulk of Guatemala’s land area violent confrontations with state authorities. tor’ may also have set the tone for a general change to a lesser extent, Bolivia and Ecuador. According is devoted to large-scale agro-businesses, involving in perceptions in the rest of the region, especially to World Bank data, remittances accounted for over the production of coffee, sugar and palm oil. With Rights compliance with regard to greater participation by minorities 10 per cent of GDP in 2007. For Guyana, Haiti a predominantly indigenous population, Guatemala Official intractability often results from an appar- and indigenous peoples in public life. and Honduras, remittances accounted for over 20 also has the highest rate of chronic malnutrition ent disregard for, or unwillingness to comply with, The increasing participation of indigenous per cent of GDP. In Mexico, although remittances in the LAC region, and the fourth highest in the legal norms designed to safeguard the rights of peoples and African descendants at the national contribute only 3 per cent to the overall economy, world. vulnerable indigenous or African descendant com- political level in countries such as Bolivia, Ecuador, this translates into more than US $20 billion annu- Guatemala experienced in 2009 two consecutive munities. This is perhaps reflective of broader issues Nicaragua and Venezuela also had an international ally – much of it going to regions with significant climate-induced low harvests in the country’s eight in the region, regarding the upholding of laws, and dimension. During 2009, this resulted in the con- indigenous and African descendant populations. mainly indigenous corn-growing regions. This led individual and collective rights in general. The 2009 tinued expansion and strengthening of regional The fall in remittances had a marked direct effect to a sharp rise in food prices, which was having an United Nations Development Programme (UNDP) alliances and regionally oriented institutions, such on indigenous and African descendant communities. enormous impact by the end of 2009 on the 2.5 report on human development in Central America as ALBA (the Bolivarian Alliance for the People Regardless of their educational level, members of million predominantly Mayan indigenous peoples indicated that state authorities, as well as citizens in of Our America) and UNASUR (Southern Cone indigenous and African descendant populations have in 21 of the country’s provinces. Large numbers the region, are increasingly concerned about greater Alliance). Member states of these blocs have all long found it much easier to obtain decent incomes of indigenous children in drought-hit subsistence illegality, the militarization of civilian life, and wide- publicly affirmed their commitment to greater by working abroad rather than in their home coun- farming areas began to show all the classic signs of spread insecurity and violence. inclusion of indigenous and minority popula- tries. Remitted funds therefore represent a signifi- extreme malnutrition and starvation. Regional charters and bodies such as the Inter- tions, and improvements in the lives of the least cant portion of the annual household income in One possibly related factor is that indigenous American Court of Human Rights (IACtHR) have advantaged in their societies. The ongoing process these communities, helping many to remain above peoples and African descendants are granted explicitly pointed out the close connection between – particularly among ALBA members – includes an the poverty line. only limited participation – at best – in decisions the promotion and protection of human rights and effort by the respective governments to re-found affecting the use of their land and the allocation the ability to guarantee the rule of law. In a growing the nation-state through constitutional reforms that Human rights and the environment, including of national resources. This is despite the exist- number of virtually uncontrollable rural and urban allow for more direct citizen input into decision- climate change ence of a range of local regional and international areas, unlawful acts such as disappearances, torture, making at all levels, via referenda as well as local Events in the region in 2009 continued to demon- instruments that include International Labour kidnappings for ransom, extra-judicial killings, governance initiatives. strate the direct connection between human rights Organization (ILO) Convention No. 169 and

76 Americas State of the World’s Minorities State of the World’s Minorities Americas 77 and Indigenous Peoples 2010 and Indigenous Peoples 2010 the UN Declaration on the Rights of Indigenous Special report Peoples (UNDRIP) that guarantee indigenous peoples such rights. These norms have already influ- enced important precedent-setting IACtHR rulings, such as Awas Tingni v. Nicaragua and Saramaka v. Doctrines Suriname, which stand as the first legally binding decisions by an international tribunal to uphold the collective land and resource rights of African of discovery descendant communities and indigenous peoples. However, the fifth Summit of the Americas, in and canons April 2009, which was attended by heads of all the regional states except Cuba, did little to ensure of recovery: that the member states’ human rights obligations would be met, or that there would be strong efforts religious to safeguard the rights of African descendant and indigenous populations in the future, according to an analysis by Amnesty International (AI). intolerance

Argentina towards The indigenous population in Argentina numbers between 700,000 and 1.5 million. These figures indigenous include groups such as the Aymara, Chiriguano, Guaraní/Mbyá, Mapuche, Quechua, Toba and American Wichi/Mataco. Despite constitutional recognition of their ethnic and cultural identity, and the exist- earth-based ence of laws for advancing bilingual education and communal ownership of ancestral lands, little real progress to safeguard their rights was achieved in belief systems 2009. Responsibility for the implementation of these principles rests with Argentina’s 23 provincial Even though the everyday realities in the socie- governments, but only 11 provinces have constitu- ties of the Americas play out as essentially secu- tions recognizing indigenous rights. lar economic, political and social dramas, there During 2009, Argentina’s indigenous peoples are significant religious influences that underpin continued to have little say in the use of their lands and drive the plots and dialogues. The fact that or the management of their natural resources. As various acts of these dramas have had a notably a result, protests continued in many provinces adverse impact on the well-being of the region’s over attempts to dispossess or evict indigenous indigenous and African descendant populations governments are aiming to introduce constitutional Above: Afro-Colombian boys at the entrance to the communities from their ancestral lands to make way may be an indication that what is in play is not reform that would be more reflective of indigenous remote village of Pie de Pato in the Choco region of for tourism or large-scale petroleum, mining and only rights issues related to disparity and exclu- cultures, beliefs and land-holding traditions. The northern Colombia. Moises Saman/Panos. agro-industry projects. Indigenous organizations sion, but also a virtually irreconcilable clash of respective governments have also publicly expressed such as 11 de Octubre Mapuche-Tehuelche belief systems. interest in developing more reciprocal regional inter- systems still operate among large swathes of indig- Organization continued in 2009 to claim that their relationships. In MDG-linked sectors such as health, enous descended peasant populations stretching from constitutionally guaranteed rights to land ownership Inclusive political environments education, economy and transport, governments are Nicaragua, Panama and Colombia, through Peru and and their title deeds were not being respected, and Over the past eight years, Latin America has wit- hoping that work on a regional level can be improved Paraguay, to Bolivia, Ecuador and Argentina. Many that the sale of land with people living on it was nessed the coming to power of a number of so- through linkages with organizations such as ALBA. of these practices are rooted in the traditional indig- still occurring. called ‘populist’ governments, especially in coun- The willingness of indigenous and African enous worldview and cosmology in which humans, tries with large politically mobilized indigenous descendant populations to support these governments the environment and the entire cosmos are enmeshed Mapuche claims populations such as Bolivia and Ecuador. Besides is probably based on the fact that many of the practi- in a network of reciprocal relationships that also An estimated 200,000 Mapuche (People of the expressing doubts over globalized free trade, these cal aspects of traditional indigenous communal value includes a spiritual dimension. Land) live in Patagonia, which encompasses the

78 Americas State of the World’s Minorities State of the World’s Minorities Americas 79 and Indigenous Peoples 2010 and Indigenous Peoples 2010

Special report

Doctrines of discovery Intolerance the earth and all it contains. These beliefs were in stark ognized during nineteenth-century state formation Throughout the approximately 500-year history of Of singular importance to adherents of the ‘religion contrast to those of most pre-Christian traditional and the establishment of private property laws in state formation in the Americas, religious think- of conquest’ were notions of the absolute rightness indigenous societies – especially in the New World – the Americas. Moreover, the indigenous and African ing has been a key factor in the region’s evolution. and superiority of the faith’s worldview and values. and this could be regarded as lying at the root of the descendant populations were completely excluded From the outset, European colonial expansion into They could cite as evidence the conquest itself, as aforementioned irreconcilability of belief systems. from any involvement in the formulation of policies the Americas was a religious project, sanctioned and well as the supposed social, economic and material by the newly independent republics. directed by the highest level of the Church hierarchy accomplishments of the colonial order. Continuity Instead, all across the Americas it was deemed in the form of hemispheric doctrines such as the Consequently among the main characteristics of Many traditional indigenous American religions are necessary to attract additional immigrants from the 1493 Papal Bull Inter Caetera of Pope Alexander VI New World colonial expansion was a highly intolerant mainly earth-based, and generally encourage humans colonizing cultures of Europe and elsewhere, who and the Doctrine of Discovery. In addition, religious approach to traditional indigenous and African belief to be socially and environmentally reciprocal. To shared the same religious views and would main- fundamentalists such as Puritan Protestants were systems. These were not respected and religious con- varying degrees, this view continues to inform the tain and expand the dominant value system. The among the first settlers in the continental United version of indigenous peoples and African descendants thinking of many rural subsistence indigenous peoples migrants were enticed with offers of large land hold- States and the eastern Caribbean. specifically aimed at the total eradication of their tra- and African descendant communities in the Americas, ings, thereby sowing the seeds for current land claim According to the fifteenth-century Doctrine of ditional belief structures, even if that also meant physi- especially those that still mainly depend on the for- conflicts in countries such as Argentina, Chile and Discovery, any Christian European country that cally eliminating the peoples and their cultures. ests, rivers, and small-scale agriculture and fishing for Paraguay during 2009. ‘discovered’ lands populated by non-Christians In 2009, indigenous activists in countries such as their livelihoods and that have had limited contact In countries such as Guatemala, Peru and Mexico could conquer and claim the territories, eliminate Bolivia and the United States have therefore con- with formal educational systems. For practical sur- as well, the authorities continued during 2009 to the populations and expropriate their possessions tinued to argue that it is the workings of these doc- vival reasons, they remain acutely aware of their need come down heavily on indigenous communities that and resources. Some would argue that it provided a trines and belief systems in the contemporary secular to function as guardians rather than as subjugators challenged the ongoing illegal expropriation of their clear licence for the enslavement, territorial dispos- context that still constrain the goals and aspirations of the land, which is still usually held in common. land and resources by national governments for mul- session, cultural disintegration and ethnocide of mil- of indigenous peoples and African descendants and Their activities are aimed at providing enough for tinational corporate use. Activists across the region lions of indigenous American and African people in their efforts to control their natural resources, and to their daily needs, with little non-seasonal surplus or have come to regard most government officials as the Americas. preserve traditional cultures, lands and lives. material accumulation. This self-sufficient vision has agents who not only act on behalf of dominant for- Religious doctrines, and agents of the Church, As evidence, they can point to the 1823 US never accorded with either colonial or postcolonial eign interests and wealthier countries, but also iden- played a key role in ‘native civilizing projects’, Supreme Court ruling that used the Doctrine of mainstream thought in the Americas, which may have tify more closely with these exploitative principles as well as in policy and state development. Well Discovery as the basis for its decision that Native helped to contribute to the communities’ present-day rather than with indigenous and African descendant into the twentieth century in LAC countries, Americans have only a right of occupancy to their vulnerability. Traditional indigenous belief systems community interests. They point to state policies the provision of many social services – especially lands and not legal ownership, which became the resonate even less with twenty-first-century neoliberal that invariably perpetuate expansionist doctrines education – was almost exclusively left up to foundation for US Federal Indian law. In July 2009, economic models, which promote very large-scale glo- of dominance, such as the alienation of communal religious institutions. this and other realities prompted the UN Permanent balized agro-businesses, manufacturing and trade, and land and natural resources, and the subjugation It is for this reason that both the Prime Minister Forum on Indigenous Issues to call for a study of the large privately held land holdings. and exploitation of local labour, with many of the of Canada and later Pope Benedict XVI in 2009 Doctrine of Discovery and its effects on indigenous Nevertheless, from Alaska to Argentina, in 2009 main victims belonging to indigenous and African were led to apologize for the abusive treatment of peoples. It is due to be completed by the start of the the indigenous idea of communally held land as descendant communities. indigenous students in Canadian boarding schools. 2010 session. opposed to privately owned property continued to At the December 2009 Parliament of the World’s Financed by the government, these were run by be an integral part of community identity and a vital Religions, indigenous peoples’ representatives religious organizations that removed indigenous chil- Differences in perception overall belief system. Activists argued that indigenous claimed that it is such contemporary practices that dren from their families and intentionally stripped One likely finding of any study is that central to the land claims could be justified from the perspective of demonstrate a direct historical connection to the them of their language, traditions and culture. debate are marked differences in key perceptions. The safeguarding of indigenous peoples’ religious rights. doctrines of conquest, prompting them to call col- Moreover, religiously inspired principles and incoming religious systems brought to the New World Moreover, African descendants who entered the lectively on religious leaders, such as Pope Benedict belief systems still operate at the most prominent a set of theological assumptions, especially regarding Americas also had collectivist traditions of their own XVI, to repudiate the Doctrine of Discovery. In levels of regional society due to the dominant the relationship of humans to nature and the universe, preferred to acquire and hold property communally July 2009, the Protestant Episcopal Church of the role of religious institutions in elite leadership derived from texts that were held to be sacred. For whenever they could in the post-emancipation era. USA passed a landmark resolution, repudiating the development and in guiding secular policy example, in the Old Testament Book of Genesis, Doctrine of Discovery and urging the US govern- discourses, including with regard to concepts such humans are portrayed as being made in the likeness of Exclusion ment to endorse the UN Declaration on the Rights as ‘ethics’ and ‘civilization’. their creators and encouraged to have dominion over Such views of land ownership were not legally rec- of Indigenous Peoples. p

80 Americas State of the World’s Minorities State of the World’s Minorities Americas 81 and Indigenous Peoples 2010 and Indigenous Peoples 2010 provinces of Río Negro, Neuquén, Chubut and temporarily retreated. The corporation, which was cally been afforded to Afro-Argentineans, Afro- mal access to basic services. Santa Cruz. According to Equipo Nacional de granted an oil concession by the government, backs descendant rights groups such as Afro-Indio indicat- The election was a victory not only for the Pastoral Aborigen, 94 per cent of this group still its claim to the area with the support of a former ed that they regard this as a modest but significant presidential candidate but also for his allies and have no title to the lands they have occupied ances- Argentinean Supreme Court justice who professes move in the right direction. supporters. One of these is Afro-Bolivian candidate trally. As a result, land is frequently sold to the to have acquired the land at a public auction. The Jorge Medina of the community of Chijchipa in highest bidder, leading to land ownership disputes, Mapuche Confederation of Neuquen released a Bolivia the Department of La Paz, who became the first such as those that continued during 2009. formal statement immediately after the encounter, According to the 2001 Census, approximately person of African ancestry in the history of Bolivia During June 2009, hearings continued in the denouncing the petroleum company, as well as the 62 per cent of Bolivia’s population self-identifies to be able to participate as a fully fledged member ongoing civil trial to determine possession of the former justice and the provincial governor, for sup- as indigenous (mainly Quechua or Aymara). of the Bolivian parliament, winning more that 90 Santa Rosa estate in the southern Patagonian prov- pressing, ignoring and violating Mapuche rights President Evo Morales – who is of indigenous per cent of the vote in his district in the December ince of Chubut. The case goes back to October over the past two years. background – won his December 2009 re-election 2009 elections. Medina ran for the position of 2002, when the Curiñanco-Nahuelquirs, an indig- The Mapuche Confederation of Neuquen have bid with over 63 per cent of the popular vote. Representative for Original Indigenous and Afro- enous Mapuche family, were forcibly evicted by the compared the latest incident to previous confronta- His nearest rival, a right-wing ex-military official Bolivian People in the Department of La Paz, under Benetton Group SpA from a 535-hectare stretch tions with petroleum companies in the area, such as gained just 28 per cent. the banner of MAS – IPSP (Instrumento Político of land in Chubut. The family claimed to have that of 2001 when Mapuche protests led investors Since taking office in 2005, the Morales por la Soberanía de los Pueblos). The majority of received verbal permission from a government land to seek a legal resolution. In that case, the court government has experienced strong opposition the estimated 35,000 Afro-Bolivians live in the settlement agency to use what was supposedly unoc- ruled that Mapuche had a right to demonstrate on in its efforts to re-found the state in order for it Yungas region of La Paz Department and have cupied indigenous territory. Benetton claims owner- their own territory, based on ILO Convention No. to be more responsive to indigenous community historically remained at the low end of the socio- ship of over 2.2 million acres of land – including 169, and dismissed all charges against them. While needs. Violence has flared up several times, economic scale. Like the indigenous population, the disputed territory in Patagonia – through the this was seen as a great victory for Mapuche, the much of it fomented by the non-indigenous they continue to face widespread discrimination Compañía de Tierras de Sud Argentino (CTSA). events of 2009 indicate that the judgment seems to landowning minority in the wealthy departments and other serious challenges in the areas of health, This makes Benetton the largest landowner in have had little lasting impact. of Beni, Pando, Santa Cruz and Tarija. They have education, literacy, income and employment. Afro- Argentina. The case went to court after the family continued to oppose the Morales government and Bolivians regard the fact that a person of African refused a Benetton offer to settle in another area, Steps towards Afro-Argentinean inclusion had earlier called for departmental autonomy. origin is finally able to participate as a full member and the litigation has continued to attract atten- In a national environment where minorities such However, even though right-wing opposition of the Bolivian parliament as confirmation of the tion. This is because of the global recognition of as Chinese, Koreans, Roma and immigrants from candidates won the Santa Cruz stronghold with 53 process being undertaken by African descendants the Benetton brand-name, and because the case Latin America do not receive equal treatment, per cent of the vote, Morales still garnered 40 per and indigenous communities to create a new social highlights the challenges of reconciling traditional Afro-Argentines in particular continued to experi- cent in that region. As reported in MRG’s State order, namely a ‘pluri-cultural’ Bolivia. The result indigenous concepts of land ownership and use ence discrimination in employment, education of the World’s Minorities in 2008 and 2009, Santa also serves to reinforce a growing notion among with private property laws that are constitutionally and housing. According to US State Department Cruz had seen some of the worst anti-Morales African descendants across Latin America that they enshrined in all the countries of the region. reports, they continued to endure racial affronts violence, when gangs allegedly recruited by the are much more likely to find an inclusive environ- while using public transportation and to be denied large landowners engaged in systematic attacks ment for public participation in countries that have Resource extraction entry to commercial establishments. However, against local indigenous groups. Morales was also elected so-called ‘indigenous-friendly’ governments. Resource use in Mapuche communities is another MRG partner organization Afro-Indio reported in able to win a majority in two other eastern regions So far these administrations have demonstrated a of the group’s concerns, and protests continued December 2009 that, in an unprecedented public that had previously gone to the opposition. greater responsiveness to their needs and aspirations during 2009. Hearings occurred in Salta Province gesture towards inclusion, the Municipal Council Morales is arguably the hemisphere’s only compared to others, and have taken practical affirm- following a December 2008 ruling in a lawsuit of the City of Santa Fe, the capital of the Province indigenous president. Together with his allied ative steps, such as appointing African descendants brought by 18 indigenous communities in which of Santa Fe, voted to rename a public walkway MAS Party (Movement Towards Socialism), he to high-level official positions, both locally and as the Argentine Supreme Court ordered a suspension close to the Ethnographic and Historical Museums enjoys considerable support from the historically foreign representatives. of plans to harvest approximately 2 million acres of that was previously known as ‘The Path of Two marginalized indigenous and Afro-Bolivian popula- forest. There were also year-end protests in Salta by Cultures’. The intention was to acknowledge the tions. The MAS now controls both the Senate and Brazil Mapuche who claim that 12,000 hectares of their African element in Argentinean society by officially Lower House of the newly formed Pluri-National During 2009, Brazil enhanced its position as an communal lands were re-designated as a nature changing the name of the walkway to ‘The Path of Legislative Assembly (the Congress Plurinacional emerging global economic contender. The so-called reserve by state governmental decree, and also that Three Cultures’. It also authorized the building of or parliament, formerly the national congress). ‘country of the future’ also received a huge inter- Mapuche lands were being ceded to private entities two emblematic monoliths representing indigenous This will make it easier to institute long-desired national image boost on being selected to host the for the establishment of a private country club. and African cultures, to be placed in a sufficiently changes, especially for Bolivia’s indigenous com- 2016 Olympics. Nevertheless, social investment ini- In September 2009, a Mapuche confronta- visible location so that they properly represent the munities. The IACHR reports that 70 per cent tiatives seem to have had only a limited effect on the tion with a US-based petroleum company on encounter of the three cultures and serve as a public of the country’s more than 4 million indigenous country’s historically marginalized African descend- Lonko Purran territory in the Neuquen district reference point. population continues to live in poverty or extreme ant communities and indigenous peoples. Brazil of Argentina ended peacefully when the company In a society where little recognition has histori- poverty, with little access to education and mini- ranks only 75th on the UN’s Human Development

82 Americas State of the World’s Minorities State of the World’s Minorities Americas 83 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: Pankararu girls wait for the beginning of the Raposa Serra do Sol Reserve Tore ceremony at Favela Panorama, Sao Paolo, Following the December 2008 Supreme Court deci- Brazil. Eduardo Martino/Panos. sion to uphold President Lula da Silva’s creation of the Raposa Serra do Sol Reserve in the northern In July 2009, the publication O Globo reported Brazilian state of Roraima – near the Venezuela/ that the country’s Supreme Court denied an appeal Guyana border – the last of the few remaining non- by Brazil’s Democratic Party aiming to overturn indigenous rice-farming settlers who moved into the affirmative action at the University of Brazil. The territory two decades ago have finally left. petition argued that the quotas violate the ‘consti- The reserve, over 4 million acres and encompass- tutional right of human dignity’ and the universal ing about 42 per cent of Roraima State, is now right to education. While the Court ruling defended one of the largest protected indigenous areas in the constitutionality of racial quotas, it emphasized the world. For more than a decade, it has been the the need to increase the focus on socio-economic scene of violent frontier conflicts between indige- remedies rather than on racially based quotas. nous peoples and non-indigenous Brazilian farmers, with settlers intimidating protesters and sometimes Indigenous peoples’ land rights issues mounting armed resistance to hamper police evic- The National Indigenous Foundation (FUNAI) tion operations. estimates that there are 460,000 indigenous peo- ple living on indigenous lands and an additional Urban favela pacification 100,000 to 190,000 in other areas, including urban In 2009, state governments in major cities such as areas. Some rainforest indigenous settlements Rio de Janeiro and São Paulo continued their efforts contain groups that still live in voluntary isola- to pacify the large number of poor, marginalized tion. More than half of Brazil’s indigenous people urban shanty towns (favelas), which contain major- continue to live in poverty, with poor health condi- ity African descendant populations. First founded tions, in communities where traditional ways of life by squatters seeking work in the big city, the favelas and culture are under ongoing threat from logging, have existed for decades and continue to expand. In land developers, agricultural expansion and resource Rio de Janeiro, over 2 million people, or 30 per cent Index and displays the greatest measure of inequality averaging approximately half those earned by extraction. of the city’s population, live in the almost 800 fave- in all of Latin America: the wealthiest 10 per cent Brazilians of European descent. While the 1988 Constitution obliged the federal las built on the hills that overlook Rio. averaging a monthly household income of 5,600 government to demarcate all indigenous areas by For most of their existence, shanty-town residents reais (US $1,982) while the poorest 50 per cent get Affirmative action the year 1993, at the end of 2009, the final phase have lived on the margins of urban society without by on about 272 reais (US $96) per month. In recent years, the Brazilian government has initi- – which is actual legal registration – continued to social investment or police protection, and in the There are approximately 90 million Afro- ated affirmative action measures to correct these be the most difficult. Among the primary reasons vacuum, powerful organized gangs have emerged. Brazilians, constituting nearly half of the very inequalities, and there are programmes in place at are high-level corruption and deep-seated prejudices According to local media, these sometimes admin- mixed national population; however, they continue nearly 20 government-run universities. In 2009, and discrimination against indigenous people and ister ‘communitarian justice’, including enforcing to represent a large percentage of the poor and a however, significant debate continued on the effec- African descendants by local-level functionaries. sentences for transgressors. Vigilante groups are small percentage of the professional and managerial tiveness of this policy. During 2009, human rights monitors reported common, especially against those who go unpun- middle and upper classes. Moreover, a sizeable racial Affirmative action bills to decide whether that confrontations continued to occur over land ished by the formal legal system after being accused education gap continues to be a major constraint to the government should impose racial quotas ownership or resource exploitation rights. National of crimes. any rapid change. This is partly linked to the fact have been approved by the Brazilian House of authorities are often unable to provide the required Recently, the state government has begun taking that the rich can pay for private education and pre- Representatives, but at year-end these remained protection due to limited state presence in remote steps to pacify favelas; these have mainly involved college tutoring, while the poor attend inadequate, stalled in the Senate. The bills seek to create racial areas. On the other hand, in several states where frequent heavily armed police raids which activists overcrowded and under-financed public schools. and socio-economic quotas in all federal universi- there is a police presence in indigenous areas, AI and residents complain have resulted in a number Although the law prohibits racial discrimination, ties, and propose reserving 50 per cent of all places and local human rights monitors reported the of human rights violations, including summary caste and colour continued to affect access to oppor- for students from public high schools. Of those continued existence of organized death squads executions, deaths and injuries to many civilians tunity during 2009, especially for Afro-Brazilians reserved spots, up to half would be set aside for linked to security forces that targeted persons and bystanders. and indigenous peoples. Brazilians with dark skin Afro-Brazilians and indigenous students. The other on behalf of landowners. Given the support tones, such as African descendants, continued to half would be allocated to low-income students, of perpetrators enjoy, including from governors Favela occupation encounter social and economic discrimination, whom indigenous people and African descendants and state and municipal legislators, these abuses In 2009, the authorities began a much more com- including higher rates of unemployment and wages constitute a significant portion. continued to occur with impunity. prehensive strategy of favela pacification. After more

84 Americas State of the World’s Minorities State of the World’s Minorities Americas 85 and Indigenous Peoples 2010 and Indigenous Peoples 2010 than a decade of just guarding the entrances and viewed with increasing scepticism in early 2009, subsistence, thereby guaranteeing significant food communities that now seem threatened with immi- conducting sporadic raids, a permanent 24-hour following city plans to begin building 3 meter self-sufficiency. The Colombian NGO CODHES nent and complete disappearance as a result of policing presence is being instituted as part of a high containment walls around at least 11 of Rio estimates that nearly 4.3 million people have been violence and dispossession, especially given the close new policy of urban integration. According to state de Janeiro’s informal settlements. State authorities internally displaced in Colombia over the past two relationship between their lands on the one hand, authorities, the aim is to establish fixed Peacemaker indicated that the city’s favelas have been doubling decades, between 200,000 and 300,000 per year. and identity and culture on the other. Police Units (PPU) in designated favelas, after in size and threaten the forest at the edge of the city. Displaced rural people have few skills beyond farm- Among the groups particularly affected are first eliminating the large organized gangs. These Critics claim that the walls are more a social con- ing and few social support structures in the areas to Embera, Gauibos and the Siriri-Catleya indigenous operations can involve units of up to 300 military tainment plan rather than an ecological conservation which they are forced to flee. communities, including those near the border with policemen, mainly from the elite Special Operation effort, the aim being to establish a barrier between As the number of internally displaced people Venezuela. According to UNHCR, in early 2009 Battalion (BOPE). The BOPE units are judged the favelas and the beachside condominiums of the (IDPs) grows, humanitarian assistance is becoming more than 2,000 indigenous Embera fled from their by experts to be one of the most violent military wealthy. The authorities cited the need to protect ever more costly and difficult to provide. Processing territory in the department of Choco, leaving 25 forces in Latin America. They utilize equipment what is left of a huge bio-diverse Atlantic rainforest of claims can sometimes take weeks or months and villages abandoned. In August 2009, human rights considered to be more powerful than that tradition- that once covered 16 eastern Brazilian states but is assistance is only temporary, at best. The most IDPs observers reported the massacre of 12 indigenous ally used in civilian law enforcement, including a now down to just 7 per cent of its original size. can expect is transitory shelter for two to six months people, including 7 children in southern Colombia. fleet of armoured vehicles, known as ‘Pacificador’ Environmentalists, human rights activists and and, regardless of family size, a stipend of about US There were also increasing reports of systematic (Peacemaker) or ‘Caveirão’ (Big Skull), equipped residents continued to argue that the so-called $500 to help them get re-established wherever they sexual violence against indigenous women. There with point 30 carbines, M16 assault rifles, C-4 ‘eco-walls’ are essentially an attempt to hide the find themselves. are 27 indigenous groups in Colombia that are explosives and fragmentation grenades. Taking over favelas, which can be seen from Rio’s beaches. With a government allocation of just US $508 considered to be at risk of disappearance. And the a community usually means having to do battle They claim the barriers would physically segregate million for IDP relief, during 2009 many IDPs Colombian Indigenous Organization (CIO) esti- heavy resistance from organized groups of up to 200 favela residents from the rest of society, and that continued to live in unhygienic, desperate and mates that one indigenous person is murdered every people, and the casualty rate can be high. Gangs are other conservation measures can be applied. For uncertain conditions, with limited access to health 72 hours. increasingly well-armed with assault weapons that example, in one favela, government and community care, education, employment or income opportuni- Activists describe the events occurring in give them new power to resist. According to find- representatives have agreed to build nature paths, ties. Many IDPs are forced to turn to begging or remote rural Colombia as a gradual but inexorable ings by Brazilian NGO Viva Rio, organized gangs adult recreation areas and playgrounds alternating prostitution, and become particularly vulnerable to programme of ethnic cleansing. This is allegedly in Brazil now have about 4 million illegal weapons, with low 90 cm walls to prevent expansion. In trafficking schemes for sexual exploitation or other designed to remove indigenous and Afro-Colombian made easier to obtain by deeply entrenched corrup- addition, a jurist for the UN Committee on organized illegal activities. While assistance is pro- subsistence peasant farming populations from very tion in official circles. Economic, Social and Cultural Rights defined vided through government bodies such as Acción fertile terrain, in order to usurp the land to grow In October 2009, just days after Brazil’s selection the walls as ‘geographic discrimination’, especially Social, the Colombian Family Welfare Institute illicit crops such as coca leaf and opium poppy, to host the 2016 Olympic games, favela gangs shot since other types of occupation, such as luxury and the Ministry of Social Protection, interna- or to establish large-scale agro-business ventures, down a police helicopter during a BOPE raid just condominiums, homes and hotels, also affect the tional humanitarian support from groups such as including palm oil plantations and beef cattle 1 mile from Maracana stadium, where the open- native forest cover on Rio’s outskirts. the International Organization for Migration, the production. ing and closing ceremonies of the Olympics are During 2009, the first favela to be fully pacified, International Committee of the Red Cross, the UN scheduled to be held. According to Brazzilmag.com, socially enhanced, as well as walled off, was Dona High Commissioner for Refugees (UNHCR) and New militia groups by the end of 2009 the pacification units had com- Marta, home to an estimated 7,500 people. This the Colombian Red Cross continue to play a In addition to the Revolutionary Armed Forces of pleted the establishment of PPU stations in seven now ‘model’ favela earned international fame in major role. Colombia (FARC) and the National Liberation favelas. The aim is to offer so-called ‘community 1996 as the production location for the Michael Army (ELN), there are growing numbers of ille- security’ to a third of Rio’s favela residents by the Jackson music video, ‘They Don’t Really Care Population removals gal paramilitary groups operating in the Pacific end of 2010. About Us’. Afro-Colombian human rights groups indicate that region of Colombia, especially in the departments Probably of much greater importance to resi- of the more than 4 million IDPs in Colombia, of Antioquia, Arauca, Cauca, Choco, Narino and dents is that PPU stabilization includes providing Colombia over 30 per cent (nearly 1.3 million) are Afro- Putumayo. Historically, these areas have had large long-needed basic services as part of a Growth Despite official pronouncements touting improved Colombians. Another 15 per cent (600,000) of the African descendant populations that traditionally Acceleration Programme (PAC). This means install- national security, the 44-year-long internal armed IDPs are from indigenous communities, despite the hold communal titles to large areas of fertile land. ing basic water and sanitation infrastructure, thor- conflict in Colombia continues to simmer and is fact that those who self-identify as indigenous in The Organization of American States (OAS) oughfares, street lighting, health and education serv- now taking an increasingly heavy toll on African Colombia make up only 2 per cent of the national estimates that there are approximately 23 new illegal ices, internet communication and housing upgrades. descendant and indigenous communities. Apart population (43 million people). Moreover, the armed groups operating in the country. In addi- All of these services have been lacking previously. from the continuous loss of lives and livelihoods, country’s April 2009 decision to finally support the tion to operations such as kidnapping for ransom, the greatest threat during 2009 was the ongoing UNDRIP is not reflected in existing measures to extortion and cross-border smuggling, Colombia’s ‘Eco-walls’ or social barriers apparent systematic dispossession of communities safeguard the rights of Colombia’s indigenous com- outlaw militia groups systematically abuse and Talk of greater social integration of the 800 from large areas of land on which they have lived for munities. Human rights defenders are concerned threaten indigenous and Afro-Colombian popula- unpainted concrete and brick favelas began to be scores of years and on which they depend for their at the growing number of Colombia’ s indigenous tions, often giving them no more than 24 hours

86 Americas State of the World’s Minorities State of the World’s Minorities Americas 87 and Indigenous Peoples 2010 and Indigenous Peoples 2010 to vacate their holdings, taking only what they can infrastructure, such as highways, drainage canals and these already vulnerable populations at even greater tion politicians and members of various workers carry. Consequently, indigenous people and African agro-business plantations. Moreover, government risk. During 2009, African descendant organizations and indigenous peoples’ organizations, such as descendants in the zones of conflict no longer have officials have expressed a desire to see a tenfold in the Cauca Valley reported that there is now a the Centro Nacional de Trabajadores del Campo any faith in the capacity of state security forces to increase over the coming decade of areas planted higher incidence of eye and skin irritation, which the (CNTC), which is involved in land reclamations, protect them. Many see state operatives as ineffec- with crops such as African Palm and soybeans. This communities attribute to aerial glyphosate dispersal. had been increasingly voicing concern about the tive or as acting in tandem with one or other of the would mean total crop areas of some 7 million Another threat to young Afro-Colombians and lack of progress in dealing with issues that affect illegal groups. The overwhelming percentage of the acres, if implemented. indigenous people continues to be the forced traditionally marginalized groups. They demanded personnel in the state forces are conscripts undergo- recruitment of young males and females to swell the measures and resources to increase opportunities ing compulsory military service, who are more inter- Human rights defenders at risk ranks of the guerrillas or outlaw paramilitary groups. in a country where 40 per cent of the popula- ested in ending their terms of duty without being The task of bringing the issue to public attention A history of official neglect and almost no social tion lives on less than a dollar a day. Among killed than in protecting the civilian population. rests largely in the hands of rights defenders. But investment in predominantly Afro-Colombian and their main concerns were the negative effects of One especially disquieting random threat, accord- Afro-Colombian and indigenous human rights indigenous areas has helped to constrain income- the US-sponsored Central American Free Trade ing to African descendant human rights defenders, defenders continued to be under threat during generation and earning opportunities. According Agreement (CAFTA), the socially and environ- is the tendency of security forces to try to produce 2009, both from old militia groups as well as from to community development activists in the Cauca mentally destructive operations of multinational so-called ‘false positives’. There are a number of the increasing number of new armed groups, espe- Valley, offers of combat-pay incentives by the vari- mining companies, and the efforts of real estate reports of senior-level military personnel who cially when they openly criticized attacks on the ous armed groups now represent the main available developers to fragment and expropriate the com- pay illegal paramilitary groups to forcibly acquire community or voiced concerns about perceived cor- income-earning opportunity in these areas; espe- munal beachfront lands of African descendant young men, who are turned over to local govern- ruption and collusion by official authorities. cially since the conflict also severely constrains other Garifuna communities. These areas were being ment brigades which then kill them, dress them up During 2009, African descendant and indigenous traditional survival activities, such as farming and redefined as Areas Under Special Management in combat fatigues and present them as guerrillas human rights defenders continued to be subject to fishing. This all but ensures that another generation (ABRE) and then opened up to large-scale tourism supposedly killed in successful encounters. Army harassment by paramilitary groups as well as by the of rural Colombians will be drawn into the coun- projects. brigades have also reportedly entered educational state, with government agents asserting that human try’s long-running violent, bloody, and increasingly In August 2008, amid criticism from the business institutions and killed young men who were then rights activists are engaging in activities support- dehumanizing conflict. community, right-wing political groups and many also dressed up in guerrilla uniforms and presented ing terrorism and the militia groups just as easily in Congress, Honduras joined the anti-CAFTA as dead combatants. accusing them of working for the government. Honduras Bolivarian Alternative for the Americas (ALBA), cit- During 2009, according to UN observers, harass- After almost a century of rule by military dictators, ing supposed US apathy toward Honduran poverty. Corruption and impunity ment of indigenous human rights defenders and Honduras has had seven consecutive democratic In early 2009, Zelaya pushed through controversial Of great significance to observers who seek an end Afro-Colombian activists included surveillance and electoral transitions since its 1982 constitution measures such as a 60 per cent rise in the minimum to the conflict is that those who stand to benefit the wiretapping, forced entry, destruction of human change. However, on 28 June 2009, the country wage. This alienated the powerful business elite who most economically from the ongoing dispossession rights defenders’ offices, threats by phone and email experienced the militarily enforced ousting and exile complained that it would increase operating costs as and lawlessness in the country can be found at the to individuals and their families, arbitrary arrests of the sitting President Manuel Zelaya Rosales, with well as restrict employment growth. very highest levels of the national society. As report- and sometimes detention of human rights defend- the full knowledge of Congress and the Supreme Zelaya’s relationship with Congress grew decid- ed in State of the World’s Minorities and Indigenous ers with unfounded criminal charges being brought Court. The ensuing crisis served to delay efforts edly worse after October 2009, when he sought Peoples 2009, investigations by the Supreme Court against them. aimed at bringing about lasting social, economic to hold a plebiscite to determine whether there and prosecutor-general’s office established links and political change that could have benefited should be constitutional reform. The reforms between politicians and paramilitary groups, and Conflict and the environment marginalized African descendant and indigenous would have allowed for more direct citizen input succeeded in implicating 15 governors, 31 mayors The conflict also has an environmental dimen- populations. into decision-making at all levels, via plebiscites and 70 congressional representatives who continued sion. Those who are able to remain on their lands Manuel Zelaya of the centre-left Liberal Party was and increased local-level governing initiatives, to serve time in jail during 2009. However, activists were faced with another debilitating problem dur- elected president of Honduras in November 2005. similar to those being instituted in Ecuador and point out this has done little to improve the situa- ing 2009. This arose from ongoing international Among his close advisers were human rights activ- Bolivia. The proposed reforms were appreciated tion. During 2009, displacement and violence with attempts to eradicate illicit crops such as coca by ists and lawyers, with roots in the country’s small by many African descendant and indigenous com- impunity have continued to escalate, indicating that aerial spraying. In April 2009, the UN Office of radical left that fought against the dictatorships munities, who saw it as a chance to end their own the collusion and corruption are pervasive, and that Drugs and Crime reported that Colombia sprayed of the 1970s. Of particular interest to indigenous political marginalizaton. They therefore welcomed maintaining the conflict continues to enjoy high- the herbicide glyphosate over 515 square miles people and African descendants was that the presi- signals to that end, such as a televised speech given level political and economic support. (133,496 hectares) of coca bush cultivation. The dent had increasingly begun to respond to criticism by Zelaya the day before his ouster, when he reiter- According to human rights organizations working chemical also affects regular food crops and livestock from grassroots movements, such as the independ- ated that Honduras ‘was in the process of change in the dense forests of the Pacific coast, paramilitary in the general vicinity. ent National Coordination of Popular Resistance [and] of transformation’. However, such hopes of gangs are continuing to seize Afro-Colombian land In addition to contaminating the food supply, the (Bloque Popular-Coordinadora Nacional de change disappeared, when, on the following day, to facilitate agro-business conglomerates. The land toxic runoff from the land also kills fish and other Resistencia Popular) and other social activists. the president was placed on an army aircraft and is then transformed by deforestation and elaborate aquatic life in the rivers or along the shore, putting The Popular Resistance, consisting of opposi- sent to Costa Rica.

88 Americas State of the World’s Minorities State of the World’s Minorities Americas 89 and Indigenous Peoples 2010 and Indigenous Peoples 2010 He taught me to understand I have a responsibility ‘The earth is our Mother – Madre Tierra. … to Zelaya’s ouster were routinely disrupted by ‘They say you to keep our traditions from our ancestors and to teach We believe disrespect for the earth can invite state agents as well as by private individuals. This people about them. So the discrimination I can talk destruction. Even now those of us who still affected the operations of a range of local and are not a about is the way people behave to those of us who practise the traditional ways make festivals international media services, including CNN en want to keep our vision and traditional knowledge or make pilgrimage to the volcanoes to show Español, Guatevisión (Guatemala), Cubavision and religion and beliefs.’ respect. But now most of the people have to International, Ticavisión (Costa Rica) and especially Christian; keep these beliefs to themselves. They feel the Venezuela-based Telesur news network, which Pelico says that the discrimination against his beliefs they cannot talk about it openly because of is supported by regional governments including you are not is not new and began when the Spanish first arrived. prejudice.’ Argentina, Cuba, Uruguay and Venezuela. The regime also especially targeted local community religious’ ‘To begin with the Spanish changed the names our In addition to religious discrimination, broadcasters that cater to indigenous and African Mayan ancestors had given to all the rivers, the Pelico describes some other issues faced by descendant audiences. mountains, the valleys, volcanoes, the lakes and springs. indigenous people. The issue of religious discrimination in the These were sacred places and these names had real Harassment Americas is complex especially given the meaning and power. The ‘conquista’ began to name ‘Maybe the biggest thing is the way our people The IACHR also received testimony about the har- region’s colonial history. To find out more, these places after their own religious saints. So now now look at the earth. We believe in communal assment of prominent public figures who publicly Maurice Bryan speaks with Hector Pelico, an we have all these places, even volcanoes named after ownership. The earth is not meant to be showed support for, and demanded restitution of artisan of indigenous Mayan descent, who sells religious saints. They have no connection to us and our bought and sold. You cannot buy and sell your the deposed president. Among those affected were his handicrafts outside the Chalchuapa Temple Mayan culture or ancestors or our traditional beliefs. mother. Many of our Mayan people now do not governors, members of Congress including min- complex in El Salvador. But people don’t like it when you say things like that. have access to land because it is all privately isters, mayors, as well as indigenous and African They say you are not a Christian; you are not religious. owned by big farms and mining concessions. descendant community leaders. State functionaries This is the discrimination I am talking about.’ We have all this mining and deforestation in reported that, in addition to personal threats and ‘On a personal basis, I cannot say I have big our countries around here, which is destroying acts of violence, they also were subjected to budget problems with discrimination. The women in my On the significance of changing the names of the earth. How much more gold do they need? cuts and military occupation of the public build- family have more problems. They wear traditional these geographical locations and the importance of Look at the drought we are now having here. ings in which they worked. A number of them fled [Mayan] clothes and people treat you different when honouring the Earth, Pelico explains: This shows people are doing bad things to the the country for their own safety. Among these was you live the indigenous identity, especially in the earth. We are no longer in harmony. Every the respected young Afro-descendant Garifuna city. Some restaurants tell them they cannot come in ‘… the names were connected to our religion, and year we have less and less to leave for our physician, Dr Luther Castillo, who learned that dressed like that. People do not want to respect the our religion is connected to the earth. Our spiritual children. So all the technology and development the Honduran army had reportedly received orders indigenous culture. They think it is backward and connection is to the earth. We believe in honouring is no good if it destroys the earth. So we should to arrest him and shoot if he resisted. Castillo that all indigenous people are poor and uneducated. the earth and there is a story connected to nearly not be surprised if the Earth Mother and had only recently been appointed Director of So it is not easy.’ every place name. That was our vision and our spirit Earth Spirits begin to punish us with storms International Cooperation in the Honduran history. There were special names for the point where or droughts and earthquakes because of our Foreign Ministry. When asked how he overcomes this attitude a particular river started or where a spring came disrespect. This is the kind of knowledge we towards indigenous people, Pelico explains that: out of the earth. And we had special ceremonies for lose through discrimination and disrespect for Impact on African descendants these places at various times of the year. The whole our beliefs.’ p Castillo’s departure had a particularly direct effect ‘… my grandfather was a traditional priest – some community took part. It helped to bind the people on the Afro-Honduran Garifuna community. For people call it shaman – so he knew a lot of things. and keep them connected to the earth. Edited by Rahnuma Hassan the past decade, he had been serving as director of the Luaga Hatuadi Waduheñu Foundation (‘For the Health of our People’ in Garifuna) and with community support had established in 2007 the Human rights abuses also recorded that demonstrators were experiencing the IACHR, those who were detained were subject first-ever Garifuna Rural Hospital and outreach The internal political disruption led to serious report- harassment and having their free speech rights cur- to beatings, threats at gunpoint and verbal abuse, and centre. The facility is supported by a number of ed human rights violations, including against African tailed through the placement of military roadblocks in the case of females, sexual abuse. At some police international aid organizations and medical schools, descendant and indigenous protesters. In August and the arbitrary enforcement of curfews. They also posts, judges who appeared in response to petitions such as those connected to the US Johns Hopkins 2009, the IACHR conducted an on-site visit to received reports of arbitrary detentions of between for habeas corpus were also mistreated, threatened at University and the University of California (San Honduras to observe the human rights situation and 3,500 and 4,000 people by the police and the army gunpoint and verbally abused. Francisco), and serves some 20,000 people in the confirmed a pattern of disproportionate use of force, during the demonstrations, and of cruel, inhuman As events unfolded, information was censored surrounding communities. It is considered vital to arbitrary detentions and the control of information and degrading treatment in poor detention condi- by military-enforced news blackouts. Media these communities as studies have determined that aimed at limiting political participation. The IACHR tions afterwards. According to testimony provided to efforts considered supportive of the opposition the Honduran population has among the worst

90 Americas State of the World’s Minorities State of the World’s Minorities Americas 91 and Indigenous Peoples 2010 and Indigenous Peoples 2010 the mass media … everywhere … at all levels. And Amazon are head shrinkers and cannibals and should Paraguayans of identifiable indigenous ancestry pre- ‘… Right now that is a problem because 80 per cent of the Peruvian be bombed with napalm.’ fer not to be officially classified as such. Indeed, 90 population is Indigenous or mestizo [Euro-Indigenous per cent of the country’s population speaks Guarani, we need real mixture]. Then another 10 per cent have African In addition to anti-discrimination legislation, the indigenous lingua franca. This reluctance reflects ancestry so that is 90 per cent overall that is non- Carpio feels that businesses and schools should perhaps the ongoing social and economic margin- white. But the interests of this 90 per cent are mostly receive training on prejudice and discrimination, alization, and the long record of systematic abuses action. Not just ignored. That kind of inequality is what explaining that, ‘they need to understand the harm to which Paraguay’s indigenous peoples have been creates problems.’ their ignorance is causing to other people and the subjected. These have included enslavement, extra- pretty words’ country: especially in the economic area. There is a judicial executions, sexual violence and also child- When asked to expand on how racism manifests lot of discrimination in employment and without trafficking. itself in the media, Carpio gives the example of a money you cannot really get ahead.’ She also According to the US State Department, Paraguay In November 2009, Alan Garcia, the president TV commercial for a major Peruvian newspaper thinks that, ‘Schools need special programs, also ranks as the second poorest country in South of Peru, apologized to the country’s African that she found particularly offensive: the businesses in Peru need special programmes.’ America, with just 10 per cent of the population descendants for the centuries of ‘abuse, exclusion controlling 66 per cent of the land and 30 per cent and discrimination’ that Afro-Peruvians have ‘[They had] a TV commercial for the food and Carpio uses the example of newspapers to of rural people being landless. In 2009, state neglect suffered, beginning with enslavement by Spanish nutrition section of El Comercio newspaper. The describe the kind of programmes that she and ongoing tensions between notions of traditional colonizers. Maurice Bryan speaks to a young advertising showed what is supposed to be an African thinks are needed. She suggests that the staff communal land ownership and private property Afro-Peruvian university student and community family but they showed them as … what? Cannibals!! at newspapers need anti-racist training to interests continued to affect the lives of the coun- activist, Cecilia Carpio, about her reaction to the There is this mother who is telling this cannibal son change the way they perceive Afro-Peruvians. try’s various indigenous cultures. apology and her views on discrimination in Peru. not to eat fat white people because they are full of Newspapers should also stop publishing cholesterol. Then she says instead the son should learn offensive material and should instead publish Human rights violations affecting indigenous from his brother because he eats healthy. They showed educational information on the valuable communities ‘Although I suppose in one way you can look at the the brother cooking a thin white person. Then the text contributions of Afro-Peruvians in building up Although the political climate has changed signifi- apology as a positive thing … in reality it is nothing said – “Eat healthy and be healthy, El Comercio brings Peru. cantly since the era of dictatorships, human rights more than another nice-sounding speech. Every single you tasty and healthy food with delicious recipes and violations against indigenous people are still preva- day the Peruvian state itself shows the opposite. What advice from experts in cooking and nutrition… every Although she agrees with those who say that it lent. The IACHR found that some two decades we have in Peru is a big racial and class divide. Tuesday and Thursday.”’ will be difficult to change attitudes on race, she since the end of military dictatorship, indigenous Apologies alone are not going to change that. Good insists that: communities continue to face considerable obsta- intentions alone will not change it. What we need are ‘The government may apologize all they want, but as cles, affecting their access to land and ability to real programmes. long as they keep on allowing such racist communication ‘… it is no use saying [the situation for express their cultures. In 2009, the levels of poverty there will never be any progress in stopping racial minorities] has always been that way. The fact and illiteracy of Paraguayan indigenous people con- ‘What we have is a kind of a caste system. We have discrimination. If they were truly serious then the congress that people made mistakes in the past does not tinue to be significantly higher than among the rest a small number of Spanish and other European should pass legislation to stop such racism and then really mean that we have to keep on making them. of the population, and in some cases 20-year-old descendants who control most things: the economy, the enforce the law. Then the court would have to punish Maybe that is what the famous apology you land claims cases are yet to be settled. politics, the culture and the religious groups. And some offenders like El Comercio and others who try to show mentioned is supposed to mean, but right now we While the Paraguayan Constitution recognizes of them – not all mind you, but a very influential African descendant people and indigenous people in such need real action. Not just pretty words.’ p the right of indigenous peoples to hold communal group of them – promote white supremacy and strong insulting ways. Another paper like that is El Correro. property and requires the state to provide these racism in the country in public education, religion, in Early this year it said that indigenous Peruvians in the Edited by Rahnuma Hassan lands to them free of charge, this is no stipulation for compliance. The 2002 Census of indigenous people calculated that 45 per cent of Paraguay’s indigenous people did not enjoy definitive legal access to health services in the region, with a nation- projects, many of them in marginalized areas where tial ouster were themselves arrested. However, they ownership of their land. wide average of 8.7 doctors and 3.2 nurses per African descendant and indigenous people make up are likely to be pardoned by the new administration 10,000 people. the majority of the population. before ever having to face trial. Yakye Axa and Sawhoyamaxa Concerns over the legitimacy of the new regime In November 2009, the country held its sched- According to an AI report, during 2009 the Yakye Axa also caused international financial institutions, such uled elections. The presidency was won by the Paraguay and Sawhoyamaxa, who belong to the Enxet indig- as multilateral banks, and aid agencies to freeze the centre-right National Party candidate Porfirio ‘Pepe’ According to government estimates, there are enous people, continued to live in decade-old tempo- transfer of funds to Honduras. These sanctions led Lobo, a rancher and farmer who served as president around 108,600 people in Paraguay who iden- rary homes alongside the Pozo Colorado-Concepción to an immediate downsizing or halting of a number of Congress from 2002 to 2006. Also at the end of tify themselves as indigenous. This is thought to Highway, having been deprived of their traditional of much-needed social and economic development 2009, the military leaders involved in the presiden- be an under-estimate, given the fact that many communal lands nearly two decades ago, when these

92 Americas State of the World’s Minorities State of the World’s Minorities Americas 93 and Indigenous Peoples 2010 and Indigenous Peoples 2010 were taken over by private owners. After 10 years of campaign promises to initiate widespread structural, As a result of the demonstrations of up to 30,000 world history. It inspired hope among marginalized litigation, around 90 families of the dispossessed Yakye social and cultural changes, including land reform people, the government declared a state of emer- groups in the US and raised expectations that great- Axa (Island of Palms) indigenous community are still and respect for indigenous land rights. gency in the affected areas and in June 2009 sent er respect for diversity would follow in the actions forced to live on a narrow strip of land between the In the case of the Yakye Axa, at the end of 2008 in heavily armed security forces. The resulting vio- of the administration itself. Having received 67 per Pozo Colorado-Concepción highway and the wire President Lugo signed a bill declaring the 15,963 lence claimed a number of indigenous and security cent of the Latino or Hispanic vote and 63 per cent fence that marks the edge of the large cattle ranch that hectares of the disputed land to be ‘of social interest’ force lives, prompted resignations in protest by of the Asian American vote, since taking office in absorbed their ancestral land. Similarly, up to 500 and ordered it to be expropriated from the current government officials and increased scrutiny of the 2009 the Obama administration has sought to fulfil Sawhoyamax (meaning ‘From the place where the owner and handed over to INDI for restoration to billion-dollar deals that were developed with foreign election promises to minority groups, all of whom coconuts have run out’) have also been existing on the the Yakye Axa. The bill was tabled with four Senate petroleum companies. looked forward to seeing some reflection of national edge of the highway, because their lands in the heavily commissions and discussed in the session that began In August 2009, Peru’s justice minister was sum- demographic composition in the new administration forested area on the eastern edge of the Chaco region in March 2009. However, members of a congres- moned to appear before the UN Human Rights Hispanics are the fastest-growing minority in the are also now in the hands of private owners, who have sional committee voted against the return of indig- Committee, and the UN Special Rapporteur on country, and at 14.5 per cent of the total population already deforested large areas for beef production. enous lands to the Yakye Axa community, thereby indigenous rights called for an independent inves- are well on their way to becoming the largest minor- When their lands were seized in the 1970s, mem- undermining the supposedly binding decision made tigation. Nevertheless, the blockades and demon- ity in the US. In March 2009, the new president bers of these indigenous communities remained by the IACtHR and dealing a fatal blow to commu- strations failed to stop the exploration projects. As chose an encounter with the US Hispanic Chamber as workers on the same private estates that had nity attempts to regain their ancestral territories. a result AIDESEP lodged an urgent appeal with of Commerce to unveil a comprehensive new edu- expropriated their ancestral territories. They suffered the country’s Constitutional Tribunal to halt the cation reform plan. And in August 2009 Sonia years of exploitation and mistreatment before being Peru project in the part of the Peruvian Amazon known Sotomayor – whose family background is Puerto evicted in the early 1990s, when they started litiga- Indigenous peoples in Peru constitute more than as ‘Block 67’. According to Amazon Watch, for 30 Rican – became the first Hispanic woman and the tion against the estates aimed at reclaiming a limited half of the national population, yet social condi- years the company involved has been discharging third female ever to serve on the Supreme Court, portion of their original holdings. Since then, they tions for the majority of them continued to be less more than 1 million barrels a day of untreated toxic in the life-tenured position as the nation’s 111th have been living on the highway. than adequate during 2009. In addition to ongoing waste directly into the rainforest. As a result, the justice. Sotomayor’s ten-week confirmation hearing After much legal wrangling in 2005 and 2006, concerns about the chronic lack of basic services Achuar indigenous people now have unsafe levels of raised issues of gender and ethnicity. This included the IACtHR found that the rights of the Yakye such as health and education, and inadequate access a range of toxins, including lead and cadmium, in criticism by Republicans over her prior case rulings Axa and Sawhoyamaxa to judicial protection, to to income opportunities, Peru’s indigenous peoples their bodies. The fish and game on which they have on property rights, in a racial discrimination lawsuit property and to life had been violated. Among other continued to face loss of their land, which is often traditionally depended for food self-sufficiency have brought by white fire-fighters in New Haven, as measures, the IACtHR ordered the return of the their main remaining asset and only safeguard also been poisoned. well as her comments on the role of diversity in the traditional lands. They gave Paraguayan authorities against complete destitution. judiciary. The new justice received a unanimous three years to implement this. The Court required According to the Asociación Inter-étnica para Afro-Peruvians vote from Democratic senators, while only nine of the authorities to provide resources to purchase the el Desarrollo de la Selva Peruana (AIDESEP), According to the Afro-Peruvian organization Centro the Senate’s 40 Republicans voted in her favour. land from the current owners and to help the Yakye the umbrella organization of Peru’s 60 Amazon de Desarollo Etnico (CEDET), in 2009 about 55 Axa and Sawhoyamaxa re-establish themselves there. indigenous groups, oil prospecting and extrac- per cent of Afro-Peruvians continued to consider Minority representation However, at the end of 2009, the settlers are still tion is now occurring in more than 80 per cent of themselves as living in poverty, with another 23 per Other notable Hispanic appointments included in place and no measures to enforce the ruling have indigenous territories, with many of the concessions cent living in extreme poverty. The combined 78 per Secretary of the Interior Ken Salazar, Secretary of been taken. overlapping already titled lands of some indigenous cent total compares unfavourably with the 50 per Labour Hilda Solis, as well as Cecelia Munoz, direc- After nearly a generation as squatters, AI reported communities. In addition, during 2009 the govern- cent average poverty rate for the national population. tor of the White House Office of Intergovernmental that many traditional practices have almost vanished ment continued to promote the development of As a means of highlighting their ongoing margin- Affairs, Nancy Sutley, the Chair of the White and community cohesion and food sovereignty large-scale agro-industry in the coastal zones, where alization in the face of what they see as continued House Council on Environmental Quality, Louis through hunting and fishing are also no longer pos- there are a number of communally titled campesino official indifference, MRG partner organization Caldera, the head of the White House Military sible due to lack of access to ancestral lands and properties. Many indigenous small farmers in the CEDET, together with Makungu por el Desarrollo, Office, and Moises Vela, the Vice-President’s deforestation. Employment opportunities are also coastal regions have been forced to pledge their land presented in July 2009 the first-ever alternative Director of Administration. limited, which means that the communities now titles to obtain commercial loans and now risk los- report on Afro-Peruvians to the UN Committee for Eric Holder became the nation’s first African increasingly depend on food handouts from state ing their land altogether. the Elimination of Racial Discrimination (CERD) American Attorney-General. Two African agencies and private institutions. In April 2009, indigenous communities through- in Geneva. The document strongly challenged the American women were also appointed: Susan Rice out the remote Amazon region began a series of state’s official report to the 57th Session of CERD as Ambassador to the UN and Melody Barnes as New hopes blockades and protests against government plans to and provided recommendations. domestic policy adviser. President Obama also The August 2008 swearing-in of President Fernando open up 67 million hectares of the Amazon rainfor- named Asian Americans Eric Shinseki and Nobel Lugo, a former Catholic bishop, initially offered est and to allow increases in petroleum and other United States of America Prize-winning physicist, Steven Chu to serve as some hope to Paraguay’s indigenous communities, natural resource extraction on indigenous territories. The election of the first US president of identifiable Secretary of Veterans Affairs and Energy after 61 years of one-party rule. Lugo had made There was no prior consultation or consent. African descent represented a watershed moment in Secretary respectively.

94 Americas State of the World’s Minorities State of the World’s Minorities Americas 95 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: Triqui women dance to music from Oaxaca distress. Iraq Veterans Against the War (Fort Hood in Greenfield public library. Over 1,000 Triquis chapter) demanded that the military overhaul its live in Greenfield, California, USA. David Bacon/ mental health care system and halt the repeated Report Digital. deployments of the same troops. Hasan, who is now paralysed from the waist The Boston-based non-profit organization United down as a result of his wounds, was charged with for a Fair Economy reported that African American 13 counts of premeditated murder and 32 counts borrowers stand to lose between US $71 billion and of attempted murder under the Uniform Code of US $92 billion in assets. Moreover, foreclosures Military Justice, and may face additional charges produce ripple-effect challenges in terms of aban- at court-martial. Following the incident, national doned houses, devaluation of neighbourhoods and surveys by Rasmussen Reports found that 65 per shortfalls in state and municipal services, as well as cent of Americans favoured the death penalty in potential increases in crime. Hasan’s case, and that 60 per cent want the case investigated as an act of terrorism. However, 80 per Religious tolerance – the Fort Hood shooting cent also said that they were concerned this could In November 2009, a mass shooting at the world’s start an anti-Muslim backlash. largest military installation (339 square miles) in Fort Hood, Texas, strongly tested the nation’s levels Native American land claims of religious tolerance, particularly the capacity of In an effort to meet campaign pledges to Native US society to separate violent acts by individual Americans, the Obama administration agreed in Muslims from the religion of Islam as a whole. December 2009 to pay US $3.4 billion to settle a On 5 November, Major Nidal Malik Hasan, a long-running Native American land claim case. In 39-year-old US-born army psychiatrist of Palestinian 1996, Elouise Cobell, a member of the Blackfoot descent opened fire on his fellow service members at Nation, filed a complaint alleging that for more the Soldier Readiness Centre in Fort Hood, killing than a century the US government had mismanaged 13 people and wounding another 30, before being billions of dollars in income from natural resources shot and severely wounded by civilian police officers. on Native American land. The killings raised a public outcry and risked The dispute dates back to the 1887 Dawes Act, increasing anti-Muslim feeling across the US. The which handed over resource-rich Native American fact that Hasan’s former imam later praised him communal land to white-owned companies. As in publicly online for the shooting, while encouraging the rest of the Americas, the indigenous concept of other Muslims serving in the military to ‘follow in communally held land as opposed to privately owned Economic recession Americans reached 16 per cent, more than twice the his footsteps’, did little to calm any anti-Islamic property was an integral part of Blackfoot Nation One of the first acts of the new Obama national average. African Americans are especially public sentiments. identity and overall belief system. Nevertheless, under administration was to pass a US $787 billion susceptible to downturns in the economic cycle The shooting was widely condemned, including the Act, their territory was divided into individual economic stimulus package aimed at combating compared to other Americans and have not recov- by Nadal’s family, the Council on American-Islamic plots with each family being assigned a portion of the sharp downturn in the global economy, which ered from losses during the 2001 recession. Relations and by dissident Saudi cleric Salman al- land. The individual families were then supposed to several publications, including The Economist, Among the hardest hit sectors were construction Ouda (reportedly a former inspiration to Osama bin be compensated for the use of their land. However, attributed to a crisis within the financial sector of and manufacturing, which employ a much higher Laden), who expressed concern that the incident the claims were disputed and grew more complicated the US itself. While the effects of the recession were percentage of Hispanic workers compared to the would have negative consequences. Analysts and with each passing generation. widespread throughout the US, it had a notably general population. In the larger context, rising officials discussed Hasan’s psychological state Many unsuccessful attempts were made to arrive strong impact during 2009 on African American and Hispanic unemployment poses a special challenge and possible motive, including the fact that he at a settlement, including several trials with the Hispanic communities, exacerbated by the persistent not only in the US but also in the rest of the hemi- appeared upset about an imminent first-time plaintiffs claiming they were owed some US $47 unfavourable socio-economic gap between these sphere, since it results in less money being available combat deployment to Afghanistan and that his billion. Under the settlement the US government groups and the rest of the population. for Hispanic immigrants to send back to LAC home work involved counselling soldiers leaving for and has agreed to pay US $3.4 billion to settle the dis- During 2009, the US unemployment rate rose countries as remittances. returning from stress-producing battle zones in pute. Following Congressional approval, the Interior to 6.7 per cent, which translates into some 12 mil- The loss of jobs also meant an increasing and Iraq and Afghanistan. Brian Levin of the Centre Department will use US $1.4 billion to compensate lion unemployed people. However, figures indicate widespread inability to make mortgage payments, for the Study of Hate and Extremism, according to the 300,000 members of the Blackfoot Nation and that for male and female Hispanics, unemployment which led to a large number of housing foreclosures the Huffington Post, suggested that the incident fell establish a US $2 billion fund to purchase land rose to 12.9 per cent, while the rate for African in African American and Hispanic communities. somewhere between a crime, terrorism and mental from them.

96 Americas State of the World’s Minorities State of the World’s Minorities Americas 97 and Indigenous Peoples 2010 and Indigenous Peoples 2010 African American farmers USDA treated as a class action suit in light of their The issue of foreclosure, dispossession and land loss land losses. continues to be a major factor in rural America, The suit was first filed in 2000 and sought to end even in situations where communal ownership is what the Hispanic farmers claim is blatant discrimi- not involved. In another effort to fulfil campaign nation in the awarding of operating and disaster promises, President Obama announced plans in loans between 1981 and 2000. Furthermore, in May 2009 to provide US $1.25 billion to settle a 2009 they stated that nothing has changed since long-standing $3 billion class action discrimination the suit was filed nine years ago and cited the con- lawsuit brought by African American farmers against tinuing power loan officials have to influence land the US Department of Agriculture (USDA). ownership and profitability, which, when misused, In the 1990s, African American farmers filed a can become an effective instrument for dispossessing lawsuit (Pigford v. Glickman) charging the USDA them of their land and water rights. with a history of racism and discrimination in its Hispanic farmers claim that the members of local federal loan and subsidy programmes. Their charges USDA loan boards were mostly prosperous farmers were supported by the lead plaintiffs’ evidence as who gave loans to their friends and acquaintances. well as by government reports, investigations and This caused excluded Hispanic farmers to go bank- studies over a 30-year period. All concluded that the rupt, leading to foreclosures. The lands would then USDA treated African American, Hispanic, Native be put up for auction and bought, usually by pros- American and women farmers unfairly by taking perous local white farmers. longer to process their loan applications and deny- Although a federal judge granted class-action ing a higher percentage of their loans. status to the case filed by the over 14,000 African The lack of access to credit over the years may American farmers in 1999, another judge denied the have contributed greatly to a general loss of African same designation for the 100 plus Hispanic farmers. American farmland due to foreclosure. In 1978, Using the example of the African American farmers’ over 30,000 African American farmers owned land lawsuit, lawyers for the Hispanic farmers petitioned in the US, and it is estimated that currently some the US Supreme Court in 2009, seeking a review of 53 per cent of the USDA’s land holdings once the decision that their clients cannot sue as a class. belonged to African-American farmers. Thus far the court has rejected their request. p In 1999, a US District Court judge certified the discrimination case as a class action suit. The USDA agreed to an out-of-court settlement of between US $450 and US $600 million. Although it was the biggest settlement in history for a civil rights case, it was considerably less than the farm- ers had asked for and the plaintiffs were barred from participating. With over 14,000 outstanding complaints and another 3,000 submitted that have not been proc- essed, in 2009 the president decided that the US $1 billion the government has already provided was insufficient, and requested instead a US $1.25 bil- lion settlement package. The USDA also ordered a temporary suspension of all foreclosures.

Hispanic farmers Other minority farmers with similar complaints of discrimination have also been seeking redress. During 2009, more than 100 mostly Mexican American farmers in several states sought to have charges of loan grant discrimination against the

98 Americas State of the World’s Minorities State of the World’s Minorities Americas 99 and Indigenous Peoples 2010 and Indigenous Peoples 2010 A R C T I C OCEAN

RUSSIA

JAPAN KAZAKHSTAN NORTH MONGOLIA KOREA UZBEKISTAN SOUTH TURKMENISTAN KOREA KYRGYZSTAN TAJIKISTAN PA C I F I C Jammu and AFGHANIS Kashmir CHINA TAN OCEAN

PAKISTAN TIBET Taiwan NEPAL BHUTAN BANGLADESH Hong Kong INDIA BURMA LAOS PHILIPPINES THAILAND VIETNAM CAMBODIA Andaman and Nicobar BRUNEI SRI LANKA Islands Bougainville PAPUA NEW MALAYSIA SOLOMON ISLANDS MALDIVES GUINEA SINGAPORE Borneo Sulawesi Wallis and Futuna (FR.) Sumatra INDONESIA TIMOR-LESTE FIJI ISLANDS French Polynesia (FR.) Java New Caledonia (FR.) I N D I A N

OCEAN AUSTRALIA

NEW ZEALAND DavidFickling and Farah Mihlar Felix Corley, Jared Ferrie, Oceania Asiaand

Below: Members of the Jewish community in Special report Bukhara, Uzbekistan. This community can be traced Central back to the twelfth century, but it is rapidly depleting as many leave to avoid persecution. Leo Erken/Panos. same controls as all other faiths. Religious The communities which bear the brunt of gov- Asia ethnic Turkmen often removed from jobs in state ernment pressure include independent Muslims who institutions. Religious communities have struggled function outside state-controlled structures, many Felix Corley to be allowed a legal existence. Uzbekistan too has minorities in Protestants and Jehovah’s Witnesses. These suffer long followed highly authoritarian policies, includ- raids by regular and security police on services and uthoritarian rule is now the norm in the ing mass arrests of those presenting a real or imag- Central Asia meetings, closures of places of worship, confiscations five former Soviet republics of Central ined threat to the state. In 2009, Kyrgyzstan and of literature, interrogations, beatings, threats, fines, A Asia: Kazakhstan, Kyrgyzstan, Tajikistan, Tajikistan have both moved dramatically towards The governments of all five Central Asian states short-term detentions and longer prison sentences. Turkmenistan and Uzbekistan. The political, authoritarianism, with new laws in each to tighten – Turkmenistan and Uzbekistan most intensively, Some of those held by the authorities have died in economic, social, religious and media spheres are already strict controls on religious activity. The but also Kazakhstan, Kyrgyzstan and Tajikistan detention amid allegations of torture. These attacks closely controlled in these countries – entirely in Kazakh government, despite withdrawing a pro- – actively try to control all religious activity, leave a marked sense of fear among many religious Turkmenistan and Uzbekistan, and to a lesser posed harsh law on religious activity in 2009 and along with other forms of actually or potentially communities that any public activity, especially crit- but growing extent in the others. Following the taking over the chairmanship of the Organisation independent civil society activity. Despite rivalry icism of or even publicity about state actions against events of 2009, the US-based independent monitor for Security and Co-operation in Europe (OSCE) in between these states, such control mechanisms are them, could lead to further reprisals. Freedom House in 2010 put all five states in the 2010, is following this trend, even if it still presides remarkably similar. Some of these actions against religious freedom ‘not-free’ category. over the most open of the Central Asian states. No Central Asian state allows any religious com- are allowed by domestic laws, which often break Potential threats are crushed or prevented from Ethnic minorities often feel marginalized as politi- munity to operate totally freely. Most of Central the relevant country’s constitution as well as emerging, using the pretext of stability and national cal, economic and social power is held by the domi- Asia’s population is Muslim and the Islamic com- international human rights agreements the countries security. This means the suppression of human rights nant ethnic community. Even then, power rests in munity is under the tightest government control. have ratified, such as the International Covenant and severe restrictions on the activities of independ- the hands of a few powerful families. Leading clerics are chosen by the president or of Civil and Political Rights (ICCPR). Yet officials ent religious communities, businesses, trade unions, Governments in the region have often followed government, and close government control is kept often go far beyond what is allowed, knowing that media and NGOs. The population is kept as far as the rhetoric of esteeming ‘traditional’ religions over lesser appointments. The Muslim communi- their government has no willingness to prosecute possible from foreign contact outside state control. (essentially state-controlled Islamic communities ties cannot freely choose chief muftis or other them for human rights violations. Trials of religious The Turkmen government has gone furthest in and the Russian Orthodox Church, with Jewish leaders. Turkmenistan’s presidents, for exam- believers who are unfavourably regarded by officials establishing total government control over society. and Catholic minorities added as an afterthought). ple, have frequently replaced chief muftis (most are often conducted unfairly, with breaches of legal Ethnic minorities have long faced state-sponsored Communities outside this category face vilification recently in September 2009, the fourth in a decade). procedures laid down by domestic laws. Cases have exclusion policies that verge on racism, with non- through the media, limits on their legal activity and, Independent Muslim groups outside the framework occurred of religious believers being prosecuted of the state-controlled Muslim structures find it and convicted for offences which do not exist in hard or impossible to function. All other religious domestic law. communities are controlled from the outside, In 2009, the Kyrgyz and Tajik governments through state pressure and threats. brought in new highly restrictive religion laws, The Russian Orthodox Church and the Jewish despite strong national and international opposition. community are often offered by state officials as The Kazakh government tried in 2008–9 to tighten examples of the benign approach of Central Asian its laws on religious activity, but this sparked intense governments to minorities. But this approach lasts opposition from local religious communities and only as long as the Russian Orthodox and Jewish human rights defenders, as well as the international communities express (a sometimes) effusive loyalty community. Apparently for fear of the damage this to whichever president is in power, and do not would cause Kazakhstan’s image before taking over attempt to reach beyond their usual ethnic constitu- the chair of the OSCE in 2010, the government encies. Even this does not guarantee protection from dropped its proposed legislation. However, it has state hostility; as reported in 2008, Tajikistan’s only announced its intention to bring in similar measures synagogue was bulldozed to make way for a presi- in 2011. dential palace. Catholics and Lutherans also have The Kazakh government’s website for its similar levels of protection, although they face the 2010 chairmanship of the OSCE claims that its

State of the World’s Minorities Asia and Oceania 103 and Indigenous Peoples 2010

to varying degrees, raids on their members, beat- various drafts of a proposed revised Administrative growing number are being expelled. Indeed, for- ings, fines and imprisonment. Religious publications Code, expected to be adopted in late 2010. eigners are subjected more widely to human rights mostly face government censorship. The states often In July 2009, Gay McDougall, the UN abuses. In May 2009, following a nine-day visit policy is one of ‘freedom of conscience and obstruct invitations for foreign fellow-believers to Independent Expert on Minority Issues (IEMI), to Kazakhstan, Manfred Nowak, the UN Special freedom of religious confession’, and ‘non- visit and take part in religious events and activi- visited Kazakhstan. She echoed calls by local reli- Rapporteur on torture, stated that, ‘there are some interference by the state in the internal affairs ties, while religious communities’ foreign contacts gious communities and human rights defenders groups that run larger risks of cruel, inhuman and of religious associations’. However, within remain a source of official suspicion. States often for the abolition of any registration requirement. degrading treatment than others’, noting that the Kazakhstan, officials from the president refuse permission for religious communities – espe- McDougall also complained that the Assembly of likelihood for foreigners to be subjected to such downwards actively promote intolerance cially those which the governments regard with dis- the People of Kazakhstan – designed to give a voice treatment seems to be ‘higher than average’. of religious minorities. In 2008, President favour – to open new places of worship. to ethnic minority communities – is a top-down AI expressed concern in September 2009 that, Nazarbaev warned that, ‘tens of thousands body which is not elected on a representational ‘Refugees are not effectively protected and con- of different missionary organizations work in Kazakhstan basis. She also called for greater sensitivity in the tinue to be at risk of refoulement or abductions.’ Kazakhstan. We don’t know their purposes Kazakhstan attempts to keep all religious communi- promotion of Kazakh as the state language, fearing Refoulement is a term describing when refugees are and intentions, and we should not allow such ties under tight government control or supervision. that this could have an adverse impact on those who forced to return to situations where they are at seri- unchecked activity.’ Another sadly typical Surveillance by the National Security Committee may need greater time to adapt from using Russian. ous risk of persecution; it is expressly prohibited example was the claim in a film shown in (KNB), the country’s intelligence agency, is often The majority religious faith is Islam, but the in the 1951 Convention relating to the Status of Aqtobe to military cadets in December 2008 reported by minority religious groups, as is the minority of Muslims who choose to practise their Refugees, which Kazakhstan has acceded to. AI by the Justice Ministry’s Religious Affairs use of highly intrusive questionnaires requesting faith outside the framework of the pro-government warned that the Kazakh authorities continue to Department that the Hare Krishna faith information such as believers’ political views and Muslim Board face particular pressure. In February cooperate with China, Russia and Uzbekistan in the incites devotees to commit murder. the names of religious leaders’ close friends. Among 2008, 14 out of 15 Muslims arrested in April 2007 name of regional security and counter-terrorism, ‘in Common features of the countries’ laws on the violations of human rights faced by religious were given prison sentences of between 14 years and ways that breach their obligations under interna- religious activity which defy international human minorities and other religious groups are: attacks 19 years 6 months at a closed trial in Shymkent. tional human rights and refugee law’. rights commitments are many. An example is on religious freedom by officials from President The remaining prisoner received a three-year correc- the bans on unregistered religious activity. Small- Nursultan Nazarbaev downwards; censorship; state- tive labour sentence. Kyrgyzstan scale private religious meetings in private homes sponsored encouragement of religious intolerance; The deliberate nature of such official hostility In January 2009, a highly restrictive new religion can be punished as an administrative or even a legal restrictions on freedom of religion or belief; towards the right of all to freedom of religion or law came into force, amid protests from human criminal offence. Religious communities which raids, interrogations, threats and fines affecting both belief was illustrated by 2008–9 moves to adopt rights defenders, religious communities and interna- cannot or do not want to acquire state registra- registered and unregistered religious communities harsh new legislation changing the religion law and tional bodies, including the OSCE. Human rights tion risk raids and imprisonment if they meet and individuals; unfair trials; the jailing of a few amending the Administrative Code and other laws. defender Aziza Abdirasulova, of the Kylym Shamy together as a community. Many have had to go particularly disfavoured religious believers; restric- This would have imposed further controls on reli- (Candle of the Century) Centre for Human Rights underground and meet only in small groups. tions on social and charitable work; close police and gious activity: for example, small religious groups Protection, told the news service of the Norway- Arbitrary denial of registration allows officials KNB surveillance; and attempts to deprive religious would not have been allowed to maintain open based religious freedom organization Forum 18 that, the possibility of preventing communities they communities of their property. These are coupled places of worship. Penalties for holding religious ‘The new law contradicts international human rights regard with disfavour from gaining a legal exist- with violations of other fundamental human rights, services, conducting charitable work, importing, standards.’ According to Shamy, the new law broke ence. Independent Muslims, non-Muslim com- such as freedom of expression and of association. publishing or distributing religious literature, or the Constitution’s guarantee that, ‘No laws restrict- munities with members of a traditionally Muslim Unregistered religious activity, despite being fully building or opening places of worship in viola- ing freedom of speech and freedom of the press may background, and faiths which are new to the allowed in the country’s international human rights tion of ‘demands established in law’ would have be adopted’, as well as the guarantee of freedom region are most likely to face arbitrary denial commitments and not specifically banned in Kazakh been increased. Repeat ‘offences’ would have led of ‘thought, speech and press … [and] unimpeded of registration. Even for communities that face law, is penalized under the Administrative Code. to a religious community being banned. These expression of those thoughts and beliefs’. Some of less official disfavour, registration can be time- Those brought to trial often state that legal proceed- changes were approved in November 2008 by the the new restrictions, for example the wide-ranging consuming and expensive to arrange, requiring ings are conducted unfairly and not in accordance parliament, the lower house of which is composed bans on ‘proselytism’ and the distribution of reli- permission from a range of state agencies. with Kazakh law. Members of religious minorities exclusively of deputies from the president’s party. gious literature, restrict both freedom of speech Other aspects of religious activity which such as the Council of Churches Baptists, who These were found by the Constitutional Council to and freedom of the press. A legal challenge in the attract active official hostility in all five states oppose registration on principle, have been fined. violate the Constitution, as local and international Constitutional Court was dismissed in July 2009. – particularly but not only by communities When they refuse to pay these fines they often have human rights defenders had repeatedly pointed out. The new law requires all religious communi- without state registration – include owning or property, such as cars, washing machines and live- However, in its National Human Rights Action ties to re-register with the State Committee for renting places of worship, carrying out religious stock, confiscated. In several cases, leaders refusing Plan, the government has indicated that it will be Religious Affairs (SCRA) by 1 January 2010. It bars education inside a community, sharing beliefs to pay fines have been imprisoned for up to five introducing similar legislation in 2011. communities not registered by the SCRA and the with others and maintaining foreign contacts. p days and court-ordered bans on their congregations The authorities are particularly suspicious of legal Justice Ministry from receiving legal status. Those have been handed down. Such penalties remain in foreign residents involved in religious activity. A with fewer than 200 members are prohibited from

104 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 105 and Indigenous Peoples 2010 and Indigenous Peoples 2010 registering with the SCRA. All the 200 must be abroad without state approval. A joint Council of banned the Salafi school of Islamic thought. In tions on their activity. In December 2010, Deputy adult Kyrgyz citizens, who must provide personal Europe (CoE) and OSCE legal review of the draft September 2009, a religious affairs official defended Culture Minister Mavlon Mukhtarov stated that if data. The application also needs to include informa- law found that it imposes ‘undue constraints on criminal charges against up to 17 members of the the number of mosques in a local area exceeds the tion about the organization’s religious faith, form religious activity in the country’ and that ‘provisions banned Jehovah’s Witnesses, for allegedly inciting new religion law’s mosque quotas, ‘we will close of rites, history in Kyrgyzstan and attitude towards are inconsistent with OSCE commitments and gen- inter-religious hatred. This carries a sentence of down mosques which exceed the quotas’. marriage, family, education and military service. eral international human rights standards’. between five and nine years’ imprisonment. Finally, written permission is needed from the local In August 2009, Kyrgyzstan established a state A harsh new law on religions was approved by Turkmenistan authorities for the use of premises where the com- Coordinating Council on the Struggle against the Tajik parliament in March 2009. It was signed All religious activity remains under tight govern- munity meets. Religious Extremism. The execution of council deci- by President Emomali Rahmon in the same month ment control. The Muftiate (Muslim Board) is con- Smaller religious communities, including some sions will be obligatory for the different parts of the and came into force in April. The law was adopted trolled from the inside through the state’s appoint- Protestants, Baha’is and Hare Krishna devotees, government, but officials were unclear as to what despite protests by local human rights defenders ment of the chief mufti and other imams, while all expressed concern to human rights monitors they mean by religious extremism and what the and religious communities, as well as international other faiths are controlled from the outside through and international media that they did not have council will do. It is led by the SCRA, the Interior bodies, including the OSCE and the UN Special intimidation, threats and arbitrary interference. All enough members to register. Throughout 2009, Ministry and the NSS security police, and will have Rapporteur on freedom of religion or belief, Asma religious communities have to abide by the highly SCRA officials refused to process registration or members from other parts of the government, the Jahangir. She warned that enacting such a law restrictive law regulating religious practice, which re-registration applications in all but a handful of state-sanctioned Muslim Board and the Russian ‘could lead to undue limitations on the rights of bans all unregistered religious activity and strictly cases, citing the absence of approved regulations to Orthodox Church. religious communities and could impermissibly limits registered religious expression. enact the new law. A draft Strategy on State Policy in the Religious restrict religious activities of minority communities’. Although the government allows Sunni Islam to Officials of the Prosecutor’s Office, police, Sphere from 2009 to 2015, made public in October Restrictions imposed by the law include provi- operate (within tightly controlled limits), this is not national security service (NSS) security police, 2009, aimed to tackle ‘external and internal threats sions that: the founders of a religious organization the case for Shia Islam, which is mainly professed by local executive authorities and the SCRA have connected with religion, and the rise of radical reli- seeking registration must show a document from the ethnic Azeri and Iranian minorities in the west visited many non-Muslim religious communities gious movements and inter-confessional contradic- their local executive body certifying that they have of the country. Under former President Saparmurat across the country. Jehovah’s Witnesses in Maili- tions in Kyrgyzstan’. It proposed a list of banned lived in their territory and adhered to the religion Niyazov (who ruled for 21 years and died in 2006), Suu faced raids and summonses in April 2009. In religious organizations, set out new restrictions and for at least five years; the government must now a Turkmen-speaking and ethnically homogeneous some regions, branches of Protestant Churches, called for tighter monitoring of foreign missionar- approve all published or imported religious litera- Turkmen national identity was promoted, of which which had been officially registered in Bishkek, ies. Visas for foreigners involved in religious activity ture, which can only be in an ‘appropriate quantity’; Sunni Islam was seen as a part. The policy contin- were ordered by the local authorities in spring have already been cancelled or denied. the number of mosques is limited; state controls are ues to be evident in official harassment of ethnic 2009 to stop their worship meetings, saying that imposed on the appointment of imams, although Turkmen members of religious minorities, as well their ‘registration in Bishkek does not cover their Tajikistan other faiths appear free to appoint their own lead- as of non-Turkmen minorities. Ethnic Turkmens activity’ outside the capital. In recent years, Tajikistan has seen an increasing ers; Muslim prayers can only take place in mosques, who are members of non-Muslim faiths face public The 2009 law banned the sharing of one’s faith, crackdown on all religious activity that is independ- homes and cemeteries, not at places of work or on humiliation and accusations from officials of betray- required state examination of all imported religious ent of state control, in which minority religious the streets around mosques when mosques are full; ing their nation. And while the Russian Orthodox materials and banned all distribution of religious believers and groups – both inside and outside the all religious organizations must get the consent of Church is tolerated, the Armenian Apostolic literature and other materials in public places. It also majority Islamic community – have been major the government to invite foreigners or attend reli- Church has been banned from being revived. An required the registration of all religious education targets. Starting in 2007, many mosques or Muslim gious conferences outside the country; and written estimated 15 per cent of those who attend Russian programmes, whether full- or part-time. Such reli- prayer halls, the country’s only synagogue in the permission from both parents is required before Orthodox churches are said by local people to be gious education can only be conducted by registered capital Dushanbe and Protestant churches have been children can take part in religious education. Armenians. No Armenian Apostolic communities religious organizations and with local authority closed, bulldozed or threatened with confiscation. All The new law also bans unregistered religious have legal status. permission. Jehovah’s Witness activity was permanently banned activity, in defiance of international human rights Acquiring new places of worship is almost impos- Since the religion law was enacted, the SCRA has in 2007 and two small Protestant communities were standards. Since 2006, almost no religious organiza- sible for religious communities. While the Russian been drafting a new Law on Religious Education ‘temporarily’ banned in that year. One of these was tions have reportedly been given state registration. Orthodox Church, perhaps the least restricted faith, and Educational Institutions which, if adopted in allowed to resume activities in late 2008. State offi- Shortly before the re-registration deadline of 1 was finally able to consecrate three new churches its current form, would impose further restrictions cials publicly denied in 2008 that the bans were in January 2010 imposed by the new legislation, fewer in 2009 after long official obstruction, other com- on the activities of religious organizations and edu- operation, despite official statements to the contrary than half the religious communities in the country munities without existing places of worship are cational institutions. An autumn 2009 draft would and the testimony of the minorities concerned. had been re-registered. Some mosques had already confined to ad hoc arrangements to which the reportedly impose sweeping controls on who could The Tajik authorities continued to impose such been refused re-registration, and many were waiting authorities can object at any point. No official com- open religious educational institutions. It would bans in 2009. The activity of a Baptist congregation for registration, along with the Baptist Union and pensation has been given for the many mosques, the ban all but approved and licensed institutions, limit in Dushanbe was forbidden because they met for the country’s only synagogue. When re-registering Hare Krishna temple and the Seventh-day Adventist the numbers of students in such institutions and worship in a private home without state registration. some non-Muslim communities, the Religious church bulldozed, or for Protestant churches confis- ban individuals from seeking religious education Commencing in February 2009, the Supreme Court Affairs Department imposed territorial restric- cated in the last decade. All the mosques which have

106 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 107 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Right: An Uzbek family in a village in the Dashogus up largely of ethnic Uzbeks or others deemed to be region of Turkmenistan. Carolyn Drake/Panos. of Muslim background – is all but impossible. Also banned and punishable in law is any form of reli- used as an instrument of social control. Detained gious education without specific state approval, as religious believers are routinely beaten in custody well as the sharing of one’s faith. Religious literature and some women have reported being raped or is censored by the government; specific permission sexually abused by officers or threatened with such is required to print or import any religious publica- abuse. One female Jehovah’s Witness minor was tion, with quantities to be determined by officials. sexually abused in police custody in Samarkand in While the law lays down strict limits on ‘permis- 2008. Such sexual assaults, or even rumours of such sible’ religious activity, many of the restrictions assaults, have a double impact on women in such imposed by officials are arbitrary and go far beyond a conservative society where conventions of ‘hon- what the law declares. Religious communities – our’ are deeply ingrained. Religious believers given whether Muslim or of other faiths – are not able to long prison terms for practising their faith, as well buy, build or open places of worship freely. Some as other prisoners in Uzbekistan, continue to face places of worship have been confiscated. Open as torture and ill-treatment once in prison or labour well as covert surveillance of religious believers and camp. The UN Committee against Torture found communities by the security police is widespread. in November 2007 that the use of torture by Uzbek The NSS has sent agents to monitor worship, state officials is ‘routine’. recruited spies within communities and even hidden While the state-backed Muftiate is under com- microphones in places of worship. plete government control, with the state appointing Mosques have on occasion been arbitrarily the chief mufti and all clerics, Islamic groups which banned from allowing women or children to attend, choose to practise their faith outside this structure while night prayers in the Muslim holy month of been built in recent years have been by decision of ice is offered, and Jehovah’s Witnesses have in face intense state pressure. Mahalla committees Ramadan have been banned in places. Non-Muslim the government and often with government funds, recent years borne the brunt of this. Speaking at maintain lists of active religious believers in their communities complain that they are banned from despite the constitutional separation of religion from the Human Rights Council (HRC) in Geneva in district, both Muslim and non-Muslim, and many holding religious services in Uzbek, being forced the state. No independent mosques are allowed to March 2009, the head of the Turkmen government independent Muslims have been imprisoned. In late to use Russian. Religious books or recordings, open or function. delegation Shirin Akhmedova rejected the recom- 2008, a fierce campaign was unleashed against fol- whether or not they have been specifically banned, Religious believers – especially Protestants and mendations from numerous international organiza- lowers of the late Turkish Muslim theologian Said are routinely seized during police raids on religious Jehovah’s Witnesses – have been fired from their tions and oversight mechanisms – including the Nursi; in 2009, according to Forum 18’s calcula- communities. Courts frequently order such jobs or evicted from their homes because of their UN Special Rapporteur on freedom of religion and tions, at least 47 adherents had received prison sen- confiscated literature, including Christian Bibles, to faith. Their children have also been threatened with belief, Asma Jahangir – that Turkmenistan intro- tences totalling some 380 years, with the possibility be burned. expulsion from schools, including in 2009. duce a civilian alternative to compulsory military that other trials of Nursi adherents went unreported. Numbers of hajj pilgrims are restricted by the Religious communities are forcibly isolated from service. While in 2007 and 2008 most conscientious AI put the number of Nursi prisoners at over 68. government to about 5,000, which is about a fifth their fellow-believers abroad. Many known active objectors were given suspended sentences, living At the end of 2009, one Protestant pastor and three of the pilgrim quota granted by Saudi Arabia. All religious believers are blacklisted from leaving the at home with many restrictions and often having Jehovah’s Witnesses remained in prison serving pilgrims need approval from their local authori- country, even if they have a valid passport. Rarely do to hand over some of their earnings to the state, long sentences. Also in 2009, Forum 18 knew of 21 ties, the NSS and the Hajj Commission, which is officials give reasons why individuals are entered in the policy of imprisoning conscientious objectors religious minority believers (Protestant Christians, controlled by the state Religious Affairs Committee the computer travel blacklist. Those barred from trav- resumed in May 2009. Jehovah’s Witnesses and Baha’is) who received and the Muftiate. Active religious believers of a elling at Ashgabad airport receive no compensation prison terms of between 5 and 15 days to punish variety of faiths have had the required two-year for their wasted airplane tickets. In previous years, the Uzbekistan them for their religious activity. Fines are routinely exit permission withheld, preventing them from government allowed only 188 Muslim pilgrims to Of all the states of Central Asia, the government handed down for various religious ‘offences’, such as travelling abroad even if they have a valid passport. travel each year on the hajj pilgrimage to Mecca, but of Uzbekistan has gone the furthest in deploying religious meetings in private homes, with fines often Foreign citizens legally resident in Uzbekistan have in 2009 it banned any from travelling, citing fears of force against religious believers as part of its sys- 100 times the minimum monthly wage. been expelled to punish them for religious activity. the spread of the H1N1 virus. Turkmenistan’s hajj tem of control over all religious activity. Religious Uzbekistan’s highly restrictive 1998 religion law Jehovah’s Witness Irfon Khamidov was expelled in quota is believed to be about 5,000. Only in excep- worship and other religious meetings are at risk of bans all unregistered religious activity, and penalties May 2009, one day after the end of his two-year tional circumstances does the government’s Religious raids by the security police, the National Security are imposed through the administrative and crimi- prison sentence; Khamidov had lived in the country Affairs Committee allow religious communities to Service (NSS), ordinary police, and local adminis- nal codes. Gaining state registration for new com- for some years. Before being deported to his native invite fellow-believers from abroad. trative officials, as well as by members of the local munities – especially for independent Muslim com- Tajikistan, he was allowed to see his two-year-old No alternative to compulsory military serv- mahalla (neighbourhood) committees, which are munities, non-Muslim communities led or made son for the first time for one night only. p

108 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 109 and Indigenous Peoples 2010 and Indigenous Peoples 2010

South Special report Asia The rise in Farah Mihlar religious

outh Asia is likely to remain high on the extremism in international political agenda in 2010, S particularly due to the worsening situation a minority in Afghanistan and Pakistan that is linked to global geopolitical and security challenges. Increased context and attacks by al-Qaeda and the Taliban, and the failure in 2009 by the governments of Afghanistan, Pakistan and their international allies to limit their its impact on activities, are putting the lives of large numbers of civilians under threat. In such situations of conflict women: a look minorities, including Christians and Sikhs in Pakistan’s North West Frontier Province (NWFP), at the situation are among the most vulnerable. Communities become trapped between warring sides and are of Muslims in victims of large-scale human rights violations and displacement. Sri Lanka The fortunes of the rest of South Asia remained mixed throughout 2009. Sri Lanka entered a new phase in its post-independence history with the Sri Lanka’s 8 per cent Muslim population has end of a bloody 30-year conflict. The situation in experienced major cultural changes that have Sri Lanka for ethnic minorities, however, remains accelerated in the last two decades. During this of concern as targeted human rights violations period, there has been a religious resurgence, continue, and there is little talk of post-war bringing with it both a greater emphasis on reconciliation or a political settlement involving religious identity and a rise in radicalism among minorities. At the close of 2009, Nepal was nearing Muslims. This is manifest in a significant shift a political crisis. The country’s attempt to draft in religious practices and identity, demonstrated religious resurgence and radicalism, particularly in Above: Veiled Muslim women walking in the a constitution, following the end of a conflict by such basic forms of expression as the dress Muslim societies, is on Muslims in a majority con- streets of Eravur, Eastern Sri Lanka. Dushiyanthini and the shift from a monarchy to a republic, code for Muslim women. Previously influenced text or in a religious state. But, sometimes the very Kanagasabapathipillai. was close to a breakdown due to disagreements by neighbouring Indian Tamil culture, Sri fact that a community is in the minority can also between political elites and the Maoists. In spite Lankan Muslim women are increasingly adopt- bring about such changes. The dynamics of religious majority Sinhalese and the largest minority group, of its increasing political and economic influence, ing a dress code more closely linked to religious change differ in a minority context to a majority the Tamils. Nevertheless, Muslims were deeply the regional super-power India failed to play a and cultural practices of the Arabian Peninsula. one, and women can be particularly affected by affected, especially those living in the war-torn north constructive role in the case of both countries. In In Sri Lanka, social and cultural changes, extremism in such situations. and east of the country. As the ‘other’ community, India, despite strong constitutional guarantees on increased radicalism and a hardening of atti- There are multiple social, political and economic i.e. the second largest minority, however, the impact minority protection, there were reports of human tudes are not entirely unique to Muslims. They factors that have contributed to the recent religious of the conflict on them was rarely considered, and rights violations against minorities, indigenous have been among the main social consequences and cultural changes among Muslims in Sri Lanka. the Muslim community was repeatedly left out of communities and Dalits. of the 30-year ethnic conflict in the country and They cannot all be discussed here, but a few should attempts at conflict resolution. A growing trend of radical, sometimes militant, have affected all religious communities, includ- be highlighted in order to enable a better under- This contributed to an increasing need felt by many nationalism and religious extremism throughout the ing Buddhists, Christians and Hindus. standing of the changes that have occurred. The Sri Lankan Muslims to redefine their identity beyond region is posing a major threat to religious minori- Much of the research that exists on issues of Sri Lankan conflict was largely fought between the the national level to a more global one, encompassing ties. In Pakistan, the Taliban and other Islamic

110 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 111 and Indigenous Peoples 2010 and Indigenous Peoples 2010 militant groups have endangered the lives of reli- gious minorities, particularly Christians. In India, Hindu nationalist extremists continued to threaten Christians and Muslims, particularly among the the ‘ummah’ or a global Islamic community. Constant to Sri Lanka for scholarships and charitable activities. Interestingly, many women have also chosen poorest and most marginalized sections of soci- attacks and harassment against the Muslim commu- These are generally linked to a particular school of to use the headscarf to achieve some level of ety, such as the Dalits. In Sri Lanka and Nepal, nity by the Tamil Tigers (LTTE), who fought the Sri Islam known as Wahhabism, which is widely consid- emancipation. They feel that they can negotiate Buddhist (in the former) and Hindu (in the latter) Lankan government until 2009 for a separate state for ered by academics and commentators to be a more more freedoms, including being able to travel and radical groups harassed other religious communities Tamils, also led Muslims, particularly those living in radical version of Islam. In the last few years, there participate in public life. These would previously and attacked their places of worship. the north and east of the country, to dissociate them- have been at least two students from every major not have been encouraged in some conservative selves from Tamil society and culture. madrasa or Islamic religious school in Sri Lanka who traditional sections of the community. A young Afghanistan Muslims in Sri Lanka have also been affected by have been awarded scholarships to study at Saudi uni- Muslim girl studying at Ummul Mumineen, a A significant part of 2009 was taken up by the broader political and religious trends, including glo- versities; the scale of this funding is a recent develop- Muslim finishing school, said in 2007: presidential elections that were marred by wide- bal power dynamics, affecting Muslims everywhere. ment. Moreover, this is replacing the previous practice spread allegations of fraud, affecting the political They too are influenced by the growing transna- of sending such students to study in India. ‘Traditional thinking parents try to stop girls’ educa- stability of the country. The first round of elections tional Muslim discourse on issues affecting Muslim One of most obvious indicators of the changes tion. In Islam, as long as religion is adhered to, a was held on 20 August, the result of which was that communities and criticism against states in the glo- occurring among Muslims is the shift in women’s woman can advance in education – this is very liber- the incumbent President Hamid Karzai was unable bal North for their foreign policy positions towards dress code. Until recently, Muslim women wore ating. If our husband dies, we have to be able to con- to stave off a run-off, while his side was tainted Muslim countries and populations. The last decade Indian saris. Young girls wore salwar kameez (long tinue to fend for ourselves. Old-fashioned people are by widespread allegations of fraud. The second has seen an acceleration of protests outside mosques shirts with trousers), an outfit seen all over South scared to send girls to go on their own to pursue their round was fixed for 7 November, but was called in Sri Lanka over the situation in Afghanistan, Iraq Asia. They draped their mundanis (long scarves made studies. We can do it as long as we are in hijab.’ off when Karzai’s main opponent, Dr Abdullah and the Occupied Palestinian Territories. of light fabric) over their breasts and, when neces- Abdullah, pulled out of the race. Karzai ultimately A combination of these factors has led to a resur- sary, such as in prayers, used it to loosely cover their Since they live in a minority context, Muslim gained another term, but his reputation was weak- gence of Islam and an Arabization of religion and heads. However, in the last 20 years or so, Sri Lankan women’s freedoms are not necessarily limited to ened. Throughout the campaign and during the culture among Sri Lankan Muslims in the past two Muslim women have increasingly begun to shun this those expressed by their own tradition. They have elections, ethnic issues played out, often causing decades. This is not an entirely new phenomenon. dress code in favour of an Arab-style dress with a head- the desire to access the same rights and freedoms tensions among communities. In the province of There have been occasions in history, such as during scarf, in some instances combined with a face veil, and, as Sinhalese and Tamil women, despite extremely Balkh, in the relatively more stable northern part Sri Lanka’s independence movement, when Muslims more often than not, entirely in black. This dress code rare occurrences of discrimination against them of Afghanistan, the Institute for War and Peace linked their identity to Arab traders and, on various shows no Sri Lankan or even South Asian influence. In as a minority, or prejudice because of their dress Reporting said in September 2009 that tensions occasions, took on aspects of Arab cultural practices. the crowded streets of many big cities in Sri Lanka and code. This specific minority context contributes between Pashtuns and Tajiks were destabilizing the But the scope and extent to which this is occurring in popular public spaces in the capital city Colombo, to their negotiating their emancipation. In province. Ethnic minorities, such as Hazaras and now is unprecedented. Muslim women are now more clearly identifiable. response, however, Muslim religious leaders are Uzbeks, also came under pressure as both candidates This trend has been intensified by two further fac- In any society, particularly in a minority context, it increasingly trying to dissuade women from taking went all out to vie for their support, which had the tors. First, when Sri Lanka’s economy was liberalized is not unusual for women to be forced into taking on on demanding careers. Imams argue that Muslim potential to decide the election. in the 1980s, a large number of Muslims belonging the role of embodying the group’s cultural or religious women should not have too much contact with Karzai was declared president on 3 November. to lower-income categories took up employment as identity – Muslims in Sri Lanka are not alone in this. men, even if they comply with the stricter dress He has ahead of him an enormous task, as coali- migrant workers in the Middle East. As these work- However, in Sri Lanka, the shift in dress code appears code, and warn that families are being neglected. tion force governments are under public pres- ers began returning from countries such as Saudi to have happened largely voluntarily. None of the The subtext is that Islamic values are being eroded sure to bring home their troops, and Afghans are Arabia and Kuwait, they brought home religious women interviewed by MRG spoke of being forced to and that Muslim women are not fulfilling what increasingly frustrated by the rising violence and influences and practices that were markedly different adopt the headscarf or the Arab-style dress. There is, the religion considers to be their primary role. the increasing numbers of civilian casualties. Amid from those in Sri Lanka. Since the eighth century, however, considerable influence and pressure exerted Despite these pressures, many Muslim women domestic and international criticism over high lev- when Islam was brought to Sri Lanka by Arab and by male and female religious preachers to maintain from all walks of life continue to challenge the els of corruption and ineffective governance, the Indian traders, Indian Tamil and Sinhala Buddhist the practice. Imams and religious leaders argue that various barriers they face both from outside Taliban continues to grow in strength, posing a influences became woven into religious practices and it is compulsory for women, while there is far less and inside the community. However, with major security and human rights threat. Between culture. The ‘new’ Islam brought back by migrant pressure on men to abide by any specific Islamic dress the growing Arab influence on Sri Lanka’s January and December 2009, the civilian death workers was critical of the ‘old’ Islam, particularly code. Often, mosque sermons throughout the country Muslims and the resultant strengthening of toll rose to 2,412 compared to 2,118 during the with regard to dress code and traditional customs are dedicated to the theme of how women should radical elements, the space for Sri Lankan same period the previous year, the UN Mission in associated with births, marriages and funerals. dress and behave, providing examples and condemn- Muslim women to achieve greater freedom and Afghanistan reported. Second, funds have poured in from Saudi Arabia ing those who do not comply. autonomy could shrink in the years to come. p In July 2009, President Karzai signed a new law that severely restricts the rights of minority Shia

112 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 113 and Indigenous Peoples 2010 and Indigenous Peoples 2010 women. The Shia Personal Status Law was criti- Awami League government and the United People’s occupy land belonging to Hindu families. These fam- cized by women’s human rights groups for allow- Party of the Chittagong Hill Tracts, was largely Local group ilies have lived on this land for over a hundred years. ing a husband to withhold food from his wife for neglected by the previous Bangladesh National According to eyewitnesses, local police were present not having sex with him, restricting women from Party government. The return to power of the supported by at the scene, but did not take any action. working without permission and denying women’s Awami League raised some hopes, but, despite the Later, the police deployed forces to take control custody rights over their children. Compared with commitments, human rights violations continued of the land. Angry residents responded by staging a an earlier draft, there were some changes, but many to be recorded against ethnic and religious minority ruling party demonstration at the police station demanding the of the repressive measures remain. It was expected and indigenous communities in the CHT. Evictions immediate arrest of the attackers. However, police to be discussed in parliament but was approved by and the forced displacement of communities, such activists try to officers interviewed by Odhikar said no idol was President Karzai, reportedly to win over the political as the Mady and Garo in the CHT, continued to vandalized, though they did admit to the gunshots support of senior Shia leaders ahead of the presiden- be reported by human rights groups and the media occupy Hindu incident. tial elections. A separate family law for the country’s in 2009. In February 2009, the CHT Commission The disputed land is supposed to have been Shia, mandated under the Constitution, had been stated that, ‘Indigenous and religious minorities temple owned by a Hindu who left for India in 1947. a long-standing demand of the community, which have been targets not only of land-grabbing, but Ruling party leaders in the area, however, say the feared the imposition of a family code dictated by also of human rights violations including arbitrary land belongs to them and have accused Hindus the majority Sunni. Many Shia in Afghanistan, arrest, unlawful detention, torture, rape, killing Odhikar, a leading Bangladeshi human rights of encroaching on the land. On 30 March 2009, including Hazara, endured grave human rights and religious persecution.’ In November 2009, the organization, tells Farah Mihlar about the one of the political leaders, through a court order, abuses under the religious strictures of the Taliban. Jumma community blocked streets and protested unique manner in which religious communities evicted at least 15 families from the area. Minority Rights Group International (MRG) over the failure to prosecute a soldier who had in Bangladesh are affected by state sponsored Raghu Nath, an eyewitness and publicity secre- expressed concern regarding the impact of the law attempted to rape a Jumma woman. According to land-grabs and attacks. tary of the temple managing committee, explaining on Shia women. While it appears to have been the non-governmental organization (NGO) Survival the incident, said that groups of people with politi- passed in the name of protecting the rights of a reli- International, seven people were injured as soldiers cal connections attacked the temple and vandalized gious minority community, it is in fact in violation attempted to break up the protest. In Bangladesh, the perpetrators of attacks against the images of gods and goddesses. He alleged that of international women’s human rights principles. Bangladesh’s small Urdu-speaking, non-Bengali religious minorities are often associated with politi- they have been trying to occupy the land and the The law also ignores non-discrimination provisions Bihari population faced citizenship issues during the cians and the violence is almost always linked to police are supporting them in this regard. He also contained in the Afghan Constitution. 2009. In 2008, local media reported that a High incidents of land grabbing and/or evictions. On said that the same gang went to the temple on Court had ordered 300,000 Biharis be granted citi- 11 September 2009, the Daily New Age newspaper 28 April 2009 and injured 10 persons in a bid to Bangladesh zenship after over 30 years of living in poor condi- reported that a group of local people with backing occupy the land. A case was filed in this connection, A month after being sworn in as prime minister in tions as stateless in camps. Despite being given iden- from ruling party politicians allegedly vandalized on 29 April, accusing 30 people, but the police had January 2009, Sheikh Hasina, head of the Awami tity cards to vote in the December 2008 elections, idols of a Hindu temple located on a piece of dis- not arrested anyone by time of writing. League, faced a mutiny by border guards that left at media reports in early 2009 stated that the Biharis puted vested property in RM Das Lane at Sutrapur ‘We have been residing here as successors of our least 74 people, mainly soldiers in the army, dead. had not been provided with passports, restricting in old Dhaka. (Property known as ‘vested and non- earlier generations although we have no papers and The mutiny was brought to an end with the arrest their freedom of movement. resident’ property was earlier called ‘enemy prop- documents. A few local leaders prepared fake docu- of some 700 border guards. Apart from this, the The situation for the larger refugee population erty’, and belonged to the Hindu community that ments showing ownership of the land and somehow political situation in Bangladesh remained largely in Bangladesh, the Rohingya, remained extremely left East Pakistan after the 1965 war between India obtained a court order in their favour,’ Chanchal stable through 2009. poor. Rohingyas are Burmese Muslims who fled and Pakistan.) Roy, General Secretary of the temple committee, Incidents of violence and land seizures affect- their homeland due to persecution. They live in Local residents said they also fired several rounds of told Odhikar, adding, ‘We have neither the money ing ethnic minorities in Bangladesh were recorded squalid camps, and have virtually no political, social bullets attempting to scare the residents and forcibly nor the power to fight against the fake claims.’ p throughout 2009. Odhikar, one of the country’s or economic rights. In June 2009, Bangladeshi leading independent human rights organizations, media reported that the authorities in Cox’s Bazaar recorded 38 incidents of violence against ethnic district tore down several makeshift huts belong- minorities, including 4 killings, 4 cases of land ing to Rohingyas. In the same month, Médecins panel, removed Bangladesh from its watch-list of during 2009, including assaults, land seizures and seizures and 25 injuries. Most of the incidents were sans Frontières reported that it had treated several countries noted for violations of religious freedoms, one killing. There were also 27 attacks on places of perpetrated by local gangs, in some cases reportedly injured Rohingyas, who had been violently evicted on the grounds that there had been signs of worship during the year, most of them instigated under political influence. from their temporary homes by Bangladeshi state improvement for religious minorities during the by local gangs or political leaders who acted in a cli- In 2009, the Bangladeshi government asserted officials. In July 2009, groups of Rohingyas leaving December 2008 elections. However, Bangladesh’s mate of impunity, with police taking no action over its commitment to implement the Chittagong Hill Bangladesh, due to insecurity and poor economic religious minorities, including Hindus, Christians the incidents. According to Odhikar, in February Tracts (CHT) peace accord, and said that it would conditions, were arrested and detained in Thailand. and Ahmaddiyas, faced incidents of targeted vio- 2009, 300 Hindus were injured and one woman press ahead with vacating army camps in the area. In 2009, the US Commission on International lence. MRG’s partner NGO Odhikar recorded a raped in Maheshkhali, Chittagong, when gangs The peace accord, signed in 1997 between the then Religious Freedom (USCIRF), a congressional total of 541 incidents affecting religious minorities attacked a religious event. In March and April 2009,

114 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 115 and Indigenous Peoples 2010 and Indigenous Peoples 2010 mainly Hindus were affected when gangs forced based discrimination as a human rights violation. leaders were quoted in the media as saying that they the statement the government said that more some 400 people from their homes in the Sutrapur In March 2009, the UN Human Rights Council were not consulted in the process. consultations were required before a final decision district of Dhaka. In both places, Hindu temples (HRC) took a significant step in deciding to publish In the tribal areas of Manipur, continuous inci- would be taken. were destroyed. Supporters or members of the all of the reports of the former UN Sub-commission dents of violence were reported. In August and In 2009, India suffered a major blow to its ruling Awami League have been accused of being on discrimination and descent. India voted against September 2009, tensions rose in Imphal, Manipur, reputation for fostering religious pluralism, after involved in almost all of the attacks against Hindus. this decision. At year’s end, Dalit human rights over the killing of a young boy by the military, sup- the country was put on the USCIRF watch-list of In October 2009, Awami League members fired organizations were lobbying for the HRC to put posedly during a shoot-out. International and Asian countries with violations of freedom of religion. gunshots and evicted Hindus from their homes, in place a UN framework to eliminate caste-based human rights groups have, however, accused the The large-scale violent incidents in 2008 against again in Sutrapur. In that incident and others dur- discrimination. According to the International Dalit army of targeted killings, which the military then Christians in Orissa and the climate of impunity ing the month of October, a total of 14 temples Solidarity Network, the EU and Nepal support the attempts to portray as accidental. At least 17 mili- towards violations of religious rights contributed were reportedly attacked. framework. International human rights groups say tant groups are fighting the Indian military in this towards this decision. Targeted gender violence is an integral part of the India continues to oppose this and remains the big- region, claiming that the government exploits indig- In February 2009, the Indian Supreme Court attacks against religious minorities. During 2009, gest obstacle to effective international action on the enous community resources while preventing the ruled that the state authorities in Orissa should there were two reported cases of rape of religious issue. communities from benefiting from them. The mili- provide security for the thousands of Christians who minority women, according to Odhikar statistics. In Dalits and Adivasis, indigenous or tribal com- tary has been accused by international human rights had fled their homes during the religious violence January, the wife of a Christian pastor was raped in munities, are among the poorest in India. MRG organizations, including Amnesty International the previous year. The court barred the government Chaksing Baptist church in the village of Vennabari, research during the last several years shows that they (AI), of committing human rights violations against from withdrawing troops from violence-prone areas. 100 km south of Dhaka. A Hindu woman was also barely enjoy basic socio-economic rights and face civilians, including extra-judicial killings, abduc- The same month a Christian man was found dead raped in the incident in Chittagong in February. entrenched and endemic discrimination, includ- tions, arbitrary arrests and detentions in the guise of in the Rudangia village, Orissa, allegedly killed by There were no reports as to whether the perpetrators ing outlawed practices such as having to clean dry counter-terrorism. Hindu extremist groups, media reported. of both crimes were identified or brought to justice. latrines by hand and without protective equipment. In June 2009, at least 12 people were killed and Christians in India can face threats and intimida- Tribal communities, in particular, are affected dozens of houses set ablaze when an armed group tion and be forcibly made to convert to Hinduism. India by land disputes and armed conflicts. In its 2009 from the Dimasa tribe attacked people belonging to According to national newspaper reports in The first half of 2009 was dominated by parliamen- report, the NGO Asian Human Rights Centre the Naga community in Assam’s remote mountain- February 2009, 18 Catholic families were forcibly tary elections in India. In July, the coalition led by warned that one of the biggest challenges facing the ous region. The area is constantly affected by separa- taken to a Hindu temple, where they were made to the Congress Party was declared to have won and Indian government was the growing security prob- tist and tribal insurgencies, and over 50 people were convert and perform Hindu rituals, as well as then invited to form a government. Throughout the year, lem arising out of the Naxalite conflict. According killed in several separate incidents of violence in the sign statements that they had voluntarily converted. there were a number of cases of human rights viola- to the report, Naxals, or Maoist rebels, are recruited three months leading up to this incident. The con- In May 2009, US-based NGO International tions against ethnic and religious minorities, indig- from among marginalized communities, including tinuing conflict between indigenous groups, such as Christian Concern reported that a gang set fire to enous communities and Dalits. several indigenous groups, and are now active in 13 Dimasa and Naga, is just one example of the Indian the Holy Spirit Church of God Ministry Church In the run-up to the polls, Dalit human rights Indian states. Violence during the 2009 elections state’s failure to tackle competing territorial claims in Andhra Pradesh. This was just one of several groups reported that Dalit communities were was dominated by Naxalite incidents, and the Asian made by the country’s many different communities. incidents where churches were attacked by radical attacked and otherwise severely affected by election- Human Rights Centre accused Indian political elites The year also saw mixed fortunes for two of groups. The Evangelical Fellowship of India, which related violence. In April 2009, MRG stated that of not taking substantive action to resolve the con- India’s prominent linguistic and ethnic minorities monitors and reports on attacks against Christians, political groups used violence and intimidation flict, which is rooted in discrimination, marginaliza- in the south and south-east of the country. Violence said there was a rise in incidents in the south of the against Dalits to forcibly take their votes. Dalit vil- tion and exclusion. Indigenous peoples have suffered broke out in the southern Tamil Nadu state from country. Of the 152 incidents against Christians lages also faced boycotts for failing to vote for par- immensely in the Naxalite conflict, as they face January to May 2009 over the military offensive during 2009, 86 happened in southern states, ticular parties or candidates. brutal human rights violations perpetrated by the that was taking place in neighbouring Sri Lanka. mainly in Karnataka (with 48) and Andhra Pradesh In April 2009, the UN High Commissioner militants and are targeted by the Indian military on Several major towns were disrupted by strike actions (29). In February, the UN Special Rapporteur on for Human Rights, Navi Pillay, in a speech to the the assumption that they are supporting the rebels. that on many occasions led to incidents of violence freedom of religion or belief came down strongly on National Human Rights Commission in Delhi, said In April 2009, the Indian authorities gave Sterlite and arson, injuring scores. The response from the India for its ‘pervasive climate of fear and intoler- that, although India enjoys an array of laws and Industries India Ltd, a subsidiary of the UK-based ruling party was tardy and limited. The incidents, ance’, and asked the government to provide greater institutions designed to combat all forms of discrim- Vedanta Resources plc and the state-owned Orissa and Tamil Nadu’s concern for the plight of Tamils protection for religious minorities, particularly ination, religious and caste-based prejudices remain Mining Corporation, permission to mine bauxite in Sri Lanka, eased with the conclusion of the con- Christians and Muslims. entrenched. ‘Of particular concern is caste-based in the traditional homeland of an indigenous com- flict there. The situation for Muslims in some parts of India discrimination, which is still deplorably widespread, munity called the Dongria Kondh, international In December 2009, the government responded remains tense. Particularly since the Mumbai attacks despite efforts by the government and the judiciary media reported. The two companies stated that they to months of protests and strikes by announcing in 2008, the Indian government has used counter- to eradicate this practice,’ Pillay said. have drawn up proposals to develop the indigenous that it would create a separate state for the country’s terrorism measures to arrest and detain large num- At the international level, India continued to community’s land during the 25-year period that Telegana people. The new state is expected to bers of Muslims arbitrarily. In 2009, the UN High remain a major obstacle to efforts to recognize caste- they have permission to mine. However, indigenous be carved out of Andhra Pradesh, but following Commissioner for Human Rights urged India to

116 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 117 and Indigenous Peoples 2010 and Indigenous Peoples 2010 counter suspicion against Muslims in the country and Khanna, gave the go-ahead for the prosecution of Hindus) and Rashtriya Svayam Sevak Sangh (RSS) warned that anti-terrorism laws threatened human senior Congress Party politician Sajjan Kumar, who Christians in are often accused of being behind attacks such as rights. In January 2009, thousands of people took to has been accused of instigating the 1984 anti-Sikh those in Orissa. ‘A distinction needs to be made the streets to protest against the imprisonment and violence that resulted in more than 3,000 killed and Orissa, India, between political power and movement power. killing of two Muslims accused of being terrorists. several thousand injured. Even though politicians may change, the move- The protesters were demanding a judicial investiga- ments such as VHP and RSS remain powerful,’ tion into the killings. Many of the protesters said that Nepal feel ‘helpless’ Father Michael says. several Muslim youths had been arrested on minimal The political progress that Nepal has made since it Across India, he says, the situation for Christians evidence in Uttar Pradesh on suspicion of terrorist became a democracy in 2008 suffered a setback dur- A year after one of the worst cases of religious vio- varies. Even though in most parts of the country links. After the Mumbai attacks, the government ing the course of 2009. In May 2009, Maoist leader lence in India targeted at Christians, Father S.M. they do not face incidents of violence, they are still rushed through new laws, allowing police to hold sus- and Prime Minister Pushpa Kamal Dahal, popularly Michael tells Farah Mihlar about the latest situa- targeted by these groups in hate campaigns. pects for up to 180 days without charge. known as Prachanda, resigned from his post over tion in the affected city – Orissa – and explains the ‘These fundamentalist groups want to, all the time, In April 2009, the Indian Supreme Court rejected a dispute about how the Nepali army is run. The general sentiment amongst the community. create some kind of obstacle or hindrance to religious a plea by a Muslim student who had been expelled Maoists wanted the country’s army commander minorities. They use the media and through other from a Christian missionary school in Madhya sacked, a move which President Ram Baran Yadav ‘Christians of India are today in a state of deep propaganda they brainwash people against Christians, Pradesh for refusing to shave off his beard. The pre- did not support. The Maoist withdrawal from the shock and sorrow at the communal violence they portray Christians as not being in the main- siding judge ruled that it was against India’s secular- government led to a deterioration in the security unleashed against them,’ Father Michael says. stream, as not loving India,’ he says. ‘This can lead to ism and associated sporting a beard with terrorism situation and brought Nepal’s peace-building and In 2008, Hindu extremist groups targeted attacks and discrimination in everyday life.’ and extremist values. constitutional process to an impasse. Christians in Orissa, in attacks that lasted for 45 ‘Generally Christians feel helpless.’ Father In 2009, communal riots in India, mainly those As 2009 drew to a close, at least four people were days, in which a nun was raped, 81 people lost Michael explains that a large number of Christians conducted by Hindu extremist groups against reli- killed during three days of protests and strikes called their lives, 50,000 were rendered homeless, 147 come from the Adivasi and Dalit groups, which gious minorities, claimed 23 lives, while 73 people by the Maoists. Nepali media reports stated that churches burnt down and more than 4,000 results in them facing double discrimination. were injured, according to an article written by Dr the former rebels gave the government one month houses destroyed. Because of their social standing they are already Asgar Ali Engineer, who heads the Centre for the to sort out the dispute, threatening further action if The situation in Orissa remains very tense and among the poorest and most marginalized groups. Study of Secular Society. The article also stated that they did not do so. There is no immediate threat of many Christians are afraid to return to rebuild Politically, too, he says, Christians are sidelined. riots took place in Assam, Bihar, Gujarat, Karnataka, Nepal returning to conflict, but there is strong likeli- their homes. Despite a political change in the state ‘Because we are such a small number we are not an Madhya Pradesh, Maharashtra, Rajasthan and Uttar hood that the security situation in the country could following elections, which saw the defeat of the influential vote bank, so none of the political parties Pradesh. However, there were no riots in Andhra worsen, threatening the peace process. It appears very Bharatiya Janata Party (BJP) government, Hindu bother to take into consideration our needs. Pradesh, Chattisgarh, Jharkhand, Kerala, Orissa, unlikely that the 601-member Constituent Assembly extremist groups remain powerful in the area. ‘There are constitutional guarantees in India for Tamil Nadu and West Bengal – all of which have sig- (CA) will be able to meet its April 2010 deadline to Hindu extremist/militant groups such as Vishwa religious minorities and then there is the practical nificant minority populations and have seen incidents have a draft constitution in place. Hindu Parisad (VHP – World Federation of reality. These don’t always correspond,’ he says. p of violence and rioting in previous years. The CA, which has a significant representation The year 2009 saw a series of important court of minorities, offers a good opportunity for minori- rulings and legal measures, which had a significant ties to be involved in the country’s peace-building impact on issues facing religious minorities in process. However, the stresses of the peace process, India. April and May 2009 brought some posi- combined with the volatile security situation, put Tharu community continued to conduct protests in to implement the eight-point agreement reached tive developments for victims of the 2002 violence the country’s minorities and indigenous peoples in a May and June. International human rights groups between it and the Joint Madhesi Democratic Front against Muslims in Gujarat. The Supreme Court vulnerable situation. Tensions between the Madhesi also accused police of using excessive force against in 2009. ordered that cases be ‘fast-tracked’ or expedited in and Tharu communities and Maoists continued to the protesters. Nepal’s 3.6 per cent Muslim population saw the Gujarat high court and also directed a ‘Special increase during 2009. In March 2009, transport Nepal’s Terai lowlands are home to about half of some significant positive changes during 2009, Investigation Team’, to investigate the role of services in the southern Terai region were disrupted the country’s 27 million people, and the residents mainly in terms of political guarantees. At the the Bharatiya Janatha Party (BJP) Chief Minister and violence erupted, killing several people in the of the region, known as Madhesis, have long com- beginning of 2009, following five days of protest, Nadendra Modhi and 61 others in the riots. Two course of days of protests and strikes conducted by plained of discrimination by the Himalayan nation’s the still Maoist-led government reached an agree- senior state politicians, the BJP’s Maya Kodnani and Tharu groups. Tharu were protesting the govern- mountain communities. ment with the United Muslim National Struggle Jaydeep Patel, leader of the Vishva Hindu Parishad ment’s failure to recognize their unique identity Nepal’s foreign minister in the caretaker govern- Committee to arrange for legal provisions to ensure (a Hindu extremist group), were arrested for their by categorizing them as Madhesis. After several ment, Upendra Yadav, who is also president of the the independent identity of all minority groups, roles in the communal violence that saw the killing, rounds of crisis talks between the government and Madhesi People’s Rights Forum (the fourth largest including Muslims. The government also promised rape and torture of several thousands of Muslims. Tharu representatives, an agreement was reached on party, with 53 seats in the CA) told Nepali media to appoint a Muslim commission to look into the On 31 December 2009, Indian national media 14 March to recognize the communities’ separate that his party would only continue to support grievances of the community. In June, Nepalese reported that the Governor of Delhi, Tajendra identities. Despite this agreement, groups within the the government if it made a written commitment Prime Minister Madhav Kumar expanded his cabi-

118 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 119 and Indigenous Peoples 2010 and Indigenous Peoples 2010 net to include two Muslim ministers. frustrations remained among Pashtun communities in during which at least 24 people were killed. controlled by them. The targeting of Sikhs was par- For the first time in the history of the former the NWFP over lack of investment and land reform, Mohajirs are descendants of Muslim refugees from ticularly acute in the Orakzai FATA, MRG’s own Hindu kingdom, in September 2009 the Muslim issues that the Taliban has exploited. India, who came to Pakistan after independence and research found. Taliban demanded jizya from 40 holiday of Eid-ul-Fitr was declared a national holi- In October 2009, the Pakistani government partition in 1947. Though the attacks had an ethnic Sikh families living there; they also seized a member day and celebrations were conducted across Nepal. renewed its military offensive against Taliban dimension, they were driven by political factors of the Sikh community and demanded a ransom. The situation for the country’s small Christian strongholds, this time in South Waziristan, a and linked to political parties. Armed paramilitary He was released after the Sikh community paid half population was considerably less positive. A teenage Federally Administered Tribal Area (FATA) west troops were sent out to patrol the streets and ensure the amount, before fleeing the area. In the process, girl and a woman were killed, and over a dozen oth- and south-west of the NWFP provincial capital, security, preventing further clashes. the Taliban destroyed 11 Sikh homes. ers wounded, when a bomb went off during mass at Peshawar. South Waziristan is home to ethnic Pakistan’s religious minorities continued to face Pakistan’s Shia minority was also targeted during the Church of Assumption in Dhobighat on the out- Pashtuns divided into tribes such as Waziris, Burkis a series of human rights violations and targeted the course of 2009. In February, an explosion at a skirts of Kathmandu in May 2009. There were 150 and Mahsuds. Over 300,000 people were displaced attacks. The country’s Christian population face procession to mark the death of Shia religious leader people in the church at the time. A fringe Hindu as a result of the fighting, UN agencies reported. In increasing threats to their lives from the Pakistani Imam Hussain in Dera Ismail Khan, NWFP, killed extremist group called the National Defence Army December, the government declared the campaign Taliban, as well as other Muslim extremists, who 15 people and injured dozens. Later in the month, claimed responsibility for the attack. The outfit also over, saying that much of the Taliban’s military demand that they convert to Islam. At village level, at least 25 people were killed and over 150 injured, said that it had bombed a mosque in the east of the infrastructure had been destroyed. A day later, Christians are also vulnerable to arbitrary arrest and also in Dera Ismail Khan, at the funeral of a local country last year, killing two people. A week after the media reports stated that the prime minister retract- detention, as they have limited access to justice. Shia leader who had been killed by militants the day incident, the same group demanded that the Nepal’s ed his comments and said that the campaign was In one incident, a church in Bannu, NWFP, was before. In April, in Chakwal, 22 people were killed 1 million Christians leave the country. Christians are ongoing and may extend into North Waziristan. vandalized on 11 May 2009. The intruders burned and 30 injured in another suicide bombing targeting politically marginalized in Nepal, and not a single At the end of 2009, the UN High Commission for Bibles as well as the altar, and smashed windows a Shia religious gathering. member of the CA is from the community. Refugees (UNHCR) reported that 280,000 people and fans. Christians were among those who were Incidents of forced conversion continued to be from South Waziristan remained displaced. displaced by the fighting in Swat, although they reported in Pakistan, often linked to gender-based Pakistan The Pakistani province of Balochistan, which is mostly chose to go into the provincial capital violence. In April 2009, in Sindh province, a minor- Pakistan is facing a major political and security crisis, home to the Baloch minority as well as to Pashtuns, Peshawar, rather than to the camps. ity minister stated that 18 Hindu women had been putting large numbers of members of minorities in is currently one of the most explosive parts of the The violence faced by Christians was not limited forced to convert to Islam. A month later, a Christian grave danger. In 2009, the country’s security situation country. In February 2009, the head of UNHCR’s to Pakistan’s north-west. In August 2009, eight woman was abducted, raped and forced to convert to deteriorated, with repeated targeted attacks by militant office in the provincial capital Quetta, John Solecki, Christians were burnt alive by Muslim extremist Islam, according to the 2009 USCIRF report. groups killing scores of people. In the early part of was kidnapped by the Balochistan Liberation United groups in Gojra in Punjab province, during violent Unidentified gunmen shot and wounded the year, Tehreek-e-Nifaz-e-Shariat-e-Mohammadi, Front. Solecki’s driver Syed Hashim was killed in the attacks over rumours that a Qur’an had been des- Pakistan’s Religious Affairs Minister, Hamid Saeed an organization affiliated with the Taliban, agreed to incident. According to media reports, the separatist ecrated. In a subsequent report, the independent Kazmi, in Karachi in September. Kazmi, a cleric a ceasefire after the government gave the go-ahead for group made three demands to the Pakistani govern- Human Rights Commission of Pakistan stated that and vocal opponent of the Taliban, belongs to the the imposition of Sharia (Islamic law) in the NWFP’s ment, including the release of 141 women arrested the attacks were premeditated and that local officials Barelvi sect – moderate adherents of Sufism. Swat Valley. The ceasefire did not last and, in May by the Pakistani government and the investigation of had been aware of the threat. Following the attack, 2009, the government launched a major military more than 6,000 alleged missing persons. In April, Prime Minister Yousuf Raza Gilani announced Sri Lanka offensive against Taliban positions in Swat. The fight- Solecki was released, and in a subsequent incident plans to review ‘laws detrimental to religious har- The year 2009 will undoubtedly go down as a ing also spread to Buner, Shangla and Dir districts. three Balochi elders were killed. The government mony’. However, Pakistan’s infamous blasphemy pivotal one in post-independent Sri Lankan his- Over 2 million people, mostly ethnic Pashtuns, fled claimed they were killed accidentally in a shoot-out, law (clauses 295-B and 295-C of the Penal Code) tory, as it saw the end of the country’s 30-year war. the area. Religious minority Sikhs and Christians were but the armed group insists that the government con- remains in place and is used as a basis for arresting Fighting between government forces and the Tamil also displaced but tended to travel beyond the tem- ducted the killings. People have been extra-judicially and detaining members of religious minorities. Tiger (LTTE) rebels reached a climax in the early porary camps set up in the NWFP, MRG reported in killed, arbitrarily arrested, detained, made to disap- A church was burnt down in Punjab’s Sialkot part of 2009, as the government took over large its August 2009 briefing paper, Pakistan: Minorities pear and tortured by security forces in Balochistan, district in September 2009, again following areas of land that had been under rebel control. By at Risk in the North-West. There were reports that according to Asian and international human rights rumours that a Qur’an had been desecrated. Also February, the LTTE was cornered in a tiny area of Pashtun displaced in other provinces were being groups. The area has long been marginalized and, in September, a Christian man was found dead in land in north-eastern Sri Lanka, where they were discriminated against, through excessive demands for due to increasing poverty, Balochis are becoming dis- a jail cell. The Pakistan Christian Congress called essentially holding over 200,000 ethnic Tamil civil- security documents based on a presumption that they satisfied and feel disenfranchised by the government. on judicial authorities to conduct a full and impar- ians hostage. Despite the concentration of such a were Taliban supporters. This was despite the fact that Moreover, given that Balochistan, and Quetta in par- tial investigation into the killing. Police said it was large number of civilians in the conflict zone, the many local Pashtun communities had put up fierce ticular, is an important base for the Taliban, there is a suicide, but local Christian clergy said they found Sri Lankan military continued to press on. Between resistance to the insurgents. By July 2009, the fighting clear risk that civilians will be drawn into the conflict torture marks on his body. February and May 2009, daily reports emerged in had ceased and people were allowed to return home, between it and the government. Sections of the Sikh community in Pakistan were international media of dozens of civilian killings. In but MRG warned that security guarantees were lim- Inter-ethnic violence broke out in Karachi in harassed and faced economic difficulty over ‘jizya’, March, the UN High Commissioner for Human ited, particularly for minorities. Moreover, underlying February 2009 between Mohajirs and Pashtuns, a religious tax imposed by the Taliban in areas Rights accused both sides of committing war crimes.

120 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 121 and Indigenous Peoples 2010 and Indigenous Peoples 2010 The Sri Lankan government clamped down on the camps, granting freedom of movement to the without charges. Shantha Fernando, a Sinhalese to protect ethnic and religious minorities. A group media coverage, and media and local and interna- remaining displaced persons. The entire issue of Christian, was arrested by Sri Lankan police in of Rohingya, a Muslim ethnic group facing severe tional NGOs were restricted from entering the war- displacement had been dealt with haphazardly by March 2009 and handed over to the Terrorist repression in Burma, found no respite after fleeing torn areas, making it difficult to verify information. the government. By year’s end, there remained close Investigation Department, as he was on his way to by sea to Thailand. Evidence came to light that The government maintained that only some 75,000 to 300,000 internally displaced, including about India for a World Council of Churches meeting. Thai soldiers allegedly bound the refugees’ hands people were caught up in the fighting and vigor- 100,000 members of the Muslim minority. Fernando, who is Executive Secretary of the Justice behind their backs and set them adrift once again in ously denied reports that civilians were being killed. Despite the end of the conflict, the situation for and Peace Commission of the National Christian motorless boats. Thailand’s government promised According to MRG’s December 2009 briefing, Six minorities remained uncertain. During the second Council of Sri Lanka, was held without charge under an investigation. At the end of 2009, we were still Months On: No Respite and Little Hope for Minorities half of 2009, the government did not offer, nor hint emergency regulations. He was released later on bail, waiting for the results of that probe, which may or in Sri Lanka, the Sri Lankan military unilaterally at, any minority rights guarantees. More specifi- but a case against him is pending in the local courts. may not have taken place. As Rohingya continued declared a no-fire zone, and asked civilians to leave cally, there was very little discussion of a political In the past few years, there has been a rise in to risk their lives to escape Burma, the military LTTE-controlled areas and come to the zone, assur- autonomy package for minorities. Accountability, Sinhala Buddhist nationalism that is affecting minori- government scaled up attacks against other minori- ing them of their safety. However, beginning on both generally concerning human rights violations ties. Christians and Muslims have borne the brunt ties, causing wave after wave of refugees to flee into 7 April 2009, the military shelled the zone, killing in Sri Lanka and more specifically relating to the of it. In 2009, there were sporadic incidents where Thailand and China. hundreds of civilians, including children. last few months of fighting, remained a considerable Christian churches or religious leaders were attacked A harsh reception was also given to asylum-seek- The Sri Lankan President Mahinda Rajapakshe problem. There was a pervasive climate of impunity by such extremist groups, local minority groups have ers and refugees from other countries. Despite pro- declared that the conflict had ended on 19 May in the country, where human rights violations went told MRG. Muslims have also been targeted by such tests from the international community, Thailand 2009, following the killing of the LTTE’s sen- ignored and unpunished. groups. Muslim religious practices that have been forcibly deported more than 4,000 Hmong to ior leadership, including its leader Vellupillai The general human rights situation in Sri Lanka part of Sri Lankan culture for centuries are now Laos, which has a history of repression against the Prabhakaran. In most parts of the country, people remained poor during 2009, and those most increasingly criticized. Objections are often aired in indigenous people that, according to human rights thronged the streets, jubilant and celebrating the affected were generally from minority communities. Sri Lankan media by Buddhist groups over the ‘azan’ groups, continues to this day. The deportation end to a conflict that had claimed more than 70,000 Media freedom hit a new low, and there were sever- or the muezzin’s call to prayer and other religious was a violation of international law. Some of the lives. In the north of the country, however, the situ- al attacks on journalists through the course of 2009, practices, such as the slaughtering of animals for Eidh deportees had been given refugee status because of ation for ethnic Tamils was alarming. International including the killing of high-profile editor Lasantha al-Adha, the Muslim festival of sacrifice. their legitimate fears of persecution in Laos, while media reported that over 280,000 people, who had Wickrematunga and the imprisonment during most The year also saw an increase in intra-religious the Thai government prevented UN officials from been trapped by the fighting for months without of the year of Tamil journalist J.S. Tissanayagam. conflicts among both Christians and Muslims. determining the status of most of the rest. In neigh- food and who were traumatized by the violence, had There was also a clamp-down on work by NGOs, For Muslims, the conflict is mainly between radi- bouring Cambodia, officials also chose to ignore begun pouring into displaced camps. The displaced particularly human rights and aid agencies, as well cal groups inspired by the Saudi Arabian Wahhabi their obligations under international law by deport- were held in makeshift closed camps that were as threats and intimidation directed at those work- movement and the more traditional Sufi groups. ing to China 20 Uighurs, a Muslim Turkic minority severely overcrowded and lacking facilities. Food, ing in these organizations. In July 2009, a police curfew had to be imposed from Xinjiang province, who sought asylum after water, shelter and sanitation were huge problems. Muslims make up 8 per cent of the Sri Lankan as one person was shot dead and several injured in witnessing the rioting that broke out in their home Families were separated. Local and international population. The government did not make clear its rioting between the two sides in the southern town province on 5 July 2009 and lasted several days. NGOs and the media were given very limited plans to resettle Muslim displaced who have been of Beruwala. There have also been some violent China asked for them back and Cambodia acqui- access. The UN and the International Committee of living in camps for nearly 20 years. Some Muslims incidents between Catholics and evangelicals in the esced, despite the international outcry over the fact the Red Cross (ICRC) also faced severe restrictions. began to return to their homes during 2009, but Christian community. that China has been known to detain, torture and There were reports of abductions, kidnappings, they received no assistance from the government, execute Uighurs accused of anti-state activities. It arbitrary arrests and torture from within the camps. Muslim NGOs reported. The community also was not lost on observers that Cambodia flouted Some 10,000 people were detained as suspected feared that they would be neglected in plans to rede- its international obligations by deporting them two LTTE cadres, local NGOs reported. velop areas affected by the conflict. South days before signing 14 economic agreements total- Six months after the end of the conflict, the gov- During the last stages of fighting, both Hindu ling $1.2 billion with China on 21 December 2009. ernment had begun a hasty return and resettlement and Christian places of religious worship were Tensions between and within religious communi- process. Nearly half of those housed in Menik farm destroyed in shelling and artillery attacks by both East Asia ties also flared up in South East Asia in 2009, with camp were allowed to return to their areas of origin. sides, according to local human rights activists who governments failing to protect religious minorities MRG and other international human rights groups cannot be named for security reasons. In January Jared Ferrie and in some cases attacking them outright. In the argued that the process did not meet international 2009, some 17 civilians were killed and 39 injured Philippines, armed Islamist groups and security forces standards. The government had not guaranteed in the bombing and shelling by the Sri Lankan he beginning of 2009 saw the plight of battled, displacing civilians, while Christian and other adequate security for the returnees, nor had they army of the American Ceylon Mission church in Rohingya people gain media attention vigilante groups proliferated, some backed by the ensured that facilities such as schools, hospitals and Suthanthirapuram. Six Christian priests, who chose T throughout the world, setting the tone for government. Hard-line Islamist groups in Indonesia transport would be in place. In November 2009, to remain with the trapped civilians till the very a year during which South East Asian nations would attacked minority Muslims whom they accused of the government announced that it was opening up end, were arbitrarily held in detention for months repeatedly fail to honour international obligations heresy, while the federal government allowed the rul-

122 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 123 and Indigenous Peoples 2010 and Indigenous Peoples 2010 ing party in Aceh to organize a morality police force, Special report which began harassing those who did not conform to its strict interpretation of Islamic dress code and behaviour. In Malaysia, the government continued to to those it suspects of anti-state activities – such as while Cambodian Prime Minister Hun Sen praised allow Islamic courts to restrict religious freedom by As China flexes providing photos of police brutality to international cooperation between the two countries on ‘trans- erecting legal barriers against those wanting to con- media – and its courts have proven to be quite free border crime’, including human trafficking and ter- vert to other religions. Freedom of speech advocates with handing down death sentences to dissidents. rorism. It was clear that Cambodia had scuttled its scored a victory on 31 December when the Federal economic So it was a great disappointment to see Cambodia scruples in the face of China’s economic might – a Court ruled, against the government’s wishes, that deport the Uighurs in a blatant violation of its obli- scenario likely to be playing out in developing coun- Christian publications could use the word ‘Allah’. But muscle in South gations under international law, which prohibits tries throughout the world where China has offered opponents reacted to the ruling by burning churches, sending refugees back to a country where they may investment with no strings attached on human rights. setting fire to seven between 8 and 10 January 2010. East Asia, face persecution. Christophe Peschouxe, representa- In this case, the rights of minority Uighurs were One church was extensively damaged, but no injuries tive of the UN Office of the High Commissioner for crushed under the political and economic weight of were reported. In Vietnam, the ruling Communist minorities get Human Rights in Cambodia, stated that: an emerging superpower. Party began cracking down on non-state-sanctioned Before the deportation, Amy Reger, of the Uighur- religious groups in 2009, after allowing more reli- ‘This deportation is all the more disturbing in a country American Association, a US-based NGO, said: gious freedom during preceding years. In one of the squeezed that has known massive persecution during the wars more severe incidents, police and thugs attacked a and during the Khmer Rouge regime, and which knows ‘The Uighurs who have sought refuge in Cambodia Buddhist centre headed by Thich Nhat Hanh, one of Until the close of 2009, Cambodia was building all too well the price and value of refugee protection. have effectively been labelled as criminals by the the world’s best-known monks and peace activists. up a reputation as a nation that had committed Thousands of Cambodians have had their lives saved Chinese government without having been tried in a to developing a system of protecting the rights of thanks to the international refugee protection system, court of law. The Uighur-American Association is Burma refugees. Having emerged from one of the worst including many leaders of this country, past and present.’ therefore extremely concerned that if they are repatri- As the ruling military government prepared the mass murders of the twentieth century, many ated to China by Cambodian authorities, Cambodia ground for elections in 2010, it retained its grip on Cambodians became direct beneficiaries of inter- One problem for the Cambodian government, how- will be sending these Uighurs to a terrible fate – pos- its citizens. Critics such as Mark Farmaner of the national refugee protection when they fled the ever, was that a request from the country’s largest sibly execution, and likely torture.’ Burma Campaign UK, a pro-democracy NGO, pre- bloody Khmer Rouge regime. It is one of only investor is hard to ignore. China has poured more dicted that the elections would be strictly controlled two South East Asian countries to have signed than US $1 billion in foreign direct investment into She added that, over the past few years, Uighur and/or fraudulent, as the military regime is unlikely the 1951 UN Convention relating to the Status Cambodia, according to Reuters news agency. The asylum-seekers have been sent back to China from to concede power. Indeed, while three state-run of Refugees (the Philippines is the other), and the group deportation took place on 19 December 2009, various countries and subjected to ill-treatment newspapers ran a commentary urging ethnic minori- UNHCR had recently cut staff in Cambodia as one day before Chinese Vice-President Xi Jinping was or worse. In 2003, for example, Shaheer Ali was ties to take part in elections, Burma’s leader, Senior the government created its own office responsible due to arrive to oversee the signing on 21 December executed in China after being deported from Nepal, General Than Shwe, warned soon afterwards that for determining the status of asylum-seekers. of 14 economic agreements with China, financing where UNHCR had granted him refugee status. voters should be sure to ‘make correct choices’, But the UN moved too soon. In December projects ranging from infrastructure construction to according to United Press International, the BBC 2009, the Chinese government stepped into the temple restoration and buying office furniture for There were indications that Cambodia initially and other news agencies. The last election took picture, requesting the return of 22 Uighurs who ministries. Although Cambodian officials denied supported the asylum bid by the Uighurs, some place in 1990, when the electorate overwhelmingly had requested asylum after leaving China. Beijing any link between the deportation and the economic of whom had arrived soon after the July riots. voted for the National League for Democracy, was seeking people whom it claimed had been agreements, most observers thought this disingenu- Speaking on condition of anonymity, multiple the opposition party led by Aung San Suu Kyi. involved in the deadly rioting in the provincial ous. At a press conference after the signing ceremony, sources said that UNHCR officials had been asked The regime put her under house-arrest where she capital, Urumqi, in July 2009. China is known Cambodian government spokesman Phay Siphan by the Cambodian government to assist with the remains, one of more than 2,000 political prisoners. to have a broad definition of guilt when it comes said Xi thanked Cambodia for returning the Uighurs, review process. But the asylum-seekers themselves The US-based NGO Freedom House, in its May 2009 report on the world’s most repressive societies, which measures political rights and civil liberties, February 2009, during her first trip to the region began to engage Burma’s government in 2009. In government to bring into the political process ethnic judged Burma to be one of eight countries with the as US Secretary of State, ‘Clearly, the path we have November, US Assistant Secretary of State Kurt minorities, who make up more than 40 per cent of worst human rights records in the world. taken in imposing sanctions hasn’t influenced the Campbell travelled to Burma with his deputy Scot the population and have been subjected to violence Some interpreted the regime’s decision to Burmese junta,’ adding that Burma’s neighbours’ Marcel, the first diplomatic trip by US officials to and discrimination. On 10 December 2009, more hold elections as a sign that it is willing to take strategy of ‘reaching out and trying to engage them the country in 14 years. The diplomats met with than 400 lawmakers from 29 countries signed a incremental steps toward allowing more political has not influenced them either’. The administra- government officials as well as representatives from letter sent to the UN Security Council, asking it to freedom, although such reasoning may have been tion of US President Barack Obama, perhaps minority groups, including Arakan, Chin, Kachin, investigate the Burmese government for perpetrating rooted in exasperation. Hillary Clinton said on 18 in the absence of any viable options, tentatively Mon and Shan. The United States urged Burma’s crimes against humanity. Some scholars have sug-

124 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 125 and Indigenous Peoples 2010 and Indigenous Peoples 2010 negotiated ceasefire agreements with 17 armed Burma’s poorest state, with 70 per cent of its popula- Cambodia groups, including the Kachin Independence Army, tion living below the poverty line, compared with The ruling Cambodia People’s Party (CPP) contin- the United Wa State Army and the Shan State Army, the national average of about 33 per cent, according ued to consolidate its power in 2009, filing a spate were worried. Several complained that they according to the UK Foreign and Commonwealth to IRIN. Chin people, who belong to a number of of lawsuits against opposition politicians, civil soci- were being watched by Chinese agents, and the Office. In 2009, some of those agreements began to distinct tribes, have been recruited as forced labour, ety activists and journalists. Human rights groups, Uighurs were shifted between safe houses in break down, possibly as a result of an attempt by the arrested arbitrarily and tortured, according to HRW. and even the United States embassy, pointed to Phnom Penh. During one of these shifts, two military leadership to consolidate power before the The forced labour is particularly problematic as it corruption and political interference in the courts, of them went missing, perhaps anticipating the elections. During the autumn, the Burmese military takes farmers away from their fields. A May 2009 and accused the CPP of attempting to create a one- fate that would befall the remaining 20. clashed with the Kokang militia, forcing more than survey by the World Food Programme (WFP) found party state by muzzling opposition voices, according The controversy heated up as the date grew 30,000 refugees to flee into China, according to that most residents were unable to afford food, health to media reports, including a 23 July article in The closer for the visit of the Chinese delegation. UNHCR. Militia members who crossed the border care or education and had to take out loans, incurring National newspaper. Mu Sochua, an opposition The Cambodian Foreign Affairs Ministry reported that government soldiers attacked militias personal debt to pay for basic services. parliamentarian who lost a defamation lawsuit filed spokesperson had been the contact for report- in an attempt to dislodge local leaders, according Christians, who comprise 4 per cent of Burma’s against her by Prime Minister Hun Sen, said in an ers, but that changed less than a week before to a report by Radio Free Asia. Chatham House, population, were targeted in other areas of the coun- interview that such tactics had a dual purpose: the Xi’s visit when reporters’ questions began to a UK-based research organization, said that the try as well. In January 2009, officials closed down at lawsuits intimidated and silenced opposition voices be referred to the Ministry of Interior. That Burmese military also tried to force ethnic militia least eight house churches in Rangoon, while other while distracting public attention from issues such shift coincided with the Uighurs being taken groups, including Kachin and Wa, into becoming a churches reported having to request permission as a declining economy – particularly massive layoffs by armed Cambodian officers from the safe border guard force, but they resisted such attempts. to hold religious ceremonies at least two months in the garment manufacturing sector that mainly houses to one location where some of them Across the border in Thailand, UNHCR reported in advance, according to the 2009 International affected women – and land seizures that continued were reportedly shackled. The official rhetoric 2,000 Karen arriving at refugee camps after fleeing Religious Freedom Report (IRFR 2009) issued by the to take place throughout the country. changed as well, beginning to mirror statements a military build-up as government troops and their US State Department. Forced evictions affected Cambodia’s population coming out of the Chinese Foreign Ministry in allies in the Democratic Karen Buddhist Army closed About 4 per cent of Burma’s citizens are Muslim as a whole (the vast majority are ethnic Khmer and Beijing, which was claiming that the Uighurs in on Karen National Union bases. In addition to the and they continued to suffer repression at the hands Buddhist), but indigenous peoples, who are mainly were criminals without providing any evidence. fighting, refugees told IRIN, the UN-funded news of the state in 2009. For example, the Burmese gov- animist, were targeted in areas where their tradi- In an interview, Minister of Interior spokesman service, that they were afraid of being forced to work ernment refuses to grant citizenship to Rohingya, tional lands were slated for development by resource Khieu Sopheak claimed the Uighurs were ‘ter- as labourers and porters for the army. The summer rendering them a stateless Muslim ethnic minor- companies (see case study: ‘If we lose the land we rorists’ and ‘criminals’. The group included a of 2009 also saw Burmese troops displace more than ity who have also been subjected to forced labour lose everything’). The government continued to woman with two small children. Khieu said the 10,000 Shan civilians, according to a 14 August and land confiscation, among other abuses. The ignore a 2001 law that grants ownership to people group had been put aboard a 9.30 p.m. flight report by Human Rights Watch (HRW). Quoting Rohingya have long been fleeing Burma, but their living on public land for five years or more, and on a Chinese plane that took off from the mili- ‘credible reports by Shan human rights groups’, plight burst into the headlines in early 2009 when makes special provisions for collective land rights tary airport. HRW said that seven army battalions were deployed photos (some taken by tourists) showed refugees for indigenous peoples. On 4 September 2009, the The day after the Uighurs were deported, a to central Shan state and troops attacked 39 villages, being detained by Thai authorities on beaches government pulled out of a World Bank-funded Chinese court sentenced five people to death burning down more than 500 houses between 27 after they were captured at sea, as documented in a programme aimed at sorting out land titles. In a for what it said was their role in the July riots, July and 1 August. The HRW report accused the May report by HRW. Given the harsh conditions 7 September speech, widely quoted in the media, bringing the number of executions related to government of forcibly relocating civilians as part of they live under, it is not surprising that so many Prime Minister Hun Sen said that cooperating the riots to at least 22. It is not known whether an intensified counter-insurgency campaign against Rohingya attempt to escape Burma. The regime’s with the World Bank on the programme, ‘was dif- those five included members of the group who the Shan State Army-South, which was ambushing attitude was summed up in a February 2009 letter, ficult because it was complicated and had too many failed to obtain asylum in Cambodia. UNHCR government troops regularly, including a 15 July quoted by AFP on 11 February, from the Burmese conditions’. Although the programme had issued requests for access to them in China were attack that killed 11 soldiers. The UN Office on Consul-General in Hong Kong to his fellow more than 1.1 million land titles in rural areas since denied, and no statements have been issued Drugs and Crime noted a 10 per cent increase in heads of mission, ‘In reality, Rohingya are neither 2002, David Pred, founder of NGO Bridges Across about their fate. p opium production in 2009 as ethnic militias, such as “Myanmar People” nor Myanmar’s ethnic group. Borders, said in an interview that many titles exist those connected to Wa and Kachin, reportedly used You will see in the photos that their complexion is only on paper and the process had failed to halt drug money to buy arms to resist the government. “dark brown”. The complexion of Myanmar people illegal evictions. He accused donors of refusing to gested that charges of genocide could be laid against In a country where 90 per cent of citizens are is fair and soft, good-looking as well. … They are use their leverage to stand up to corrupt Cambodian Burma’s military rulers, who have carried out cam- Buddhist, religious minorities also faced persecu- ugly as ogres.’ In 2009, Burma began constructing officials. In a 13 July 2009 report, the World Bank paigns of ethnic cleansing, religious persecution and tion during 2009. For example, Christians make up a concrete and barbed-wire fence along its border itself noted ‘a particular disconnect between institu- crimes against humanity against minority groups. more than 80 per cent of those living in Chin state, with Bangladesh. It said the fence was to prevent tional, legal and policy achievements and insecurity Many ethnic minorities have their own armed where they have been subjected to discrimination that smuggling, but human rights groups argued that of land tenure for the poor, especially in urban resistance movements, and there are about 40 armed has forced thousands to flee to Malaysia and India, its true purpose was to prevent more than 200,000 areas, and indigenous peoples’. groups in Burma. The government claims to have according to a 7 December report by IRIN. Chin is Rohingya refugees from returning. On 29 December 2009, the CPP-controlled

126 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 127 and Indigenous Peoples 2010 and Indigenous Peoples 2010 National Assembly passed a controversial law forum for ‘civil parties’ (victims given a voice in the partner KCD, could be illegal. They question allowing the government to expropriate land for trials by lawyers representing them as groups) said in ‘If we lose the whether the companies carried out the required development, despite complaints by human rights interviews that they supported the court’s decision. Environmental and Social Impact Assessment groups and opposition members that the vague Mok Sitha, 69, who said she lost 10 family members land, we lose before starting operations. They also point to language of the law would allow it to be used by under the Khmer Rouge, said, ‘I agree with the court. a 2001 Cambodian land law that includes government officials to force people from their land They should charge them more.’ Tolosh Kor Seum, special provisions for collective land rights illegally. Prime Minister Hun Sen announced that 41, also said he agreed that the Khmer Rouge leaders everything’ for indigenous peoples that appears to have Cambodia granted a licence on 23 December to a should be charged with genocide. He added that he been ignored. Vietnamese company to search for bauxite deposits was taking part in the trial as a civil party because he in Mondulkiri province. No information has been wanted to contribute to the historical record to pass Neth Prak, 28, is a student of sociology and Prak describes the impact of the activities released about specific sites for exploration, but along the next generation. Tolosh said, ‘I want to anthropology at the Royal University of Phnom of the rubber company on Bunong people, Mondulkiri is home to several indigenous commu- let them know how many Muslim people have been Penh. He is from the Bunong indigenous group saying: nities who could be threatened if bauxite deposits killed and how they have been treated during the in Cambodia. He speaks to Jared Ferrie about are found on their traditional lands. Khmer Rouge.’ the terrible impact that industrial development ‘… it is a very complicated, hard problem for While Buddhism is the state religion, Cambodia’s The year ended with the widely condemned is having on his people and their spiritual Bunong people. They are afraid to lose their Constitution provides for freedom of religion. deportation to China of 20 Uighurs who had traditions. land, but land has been lost, and this has put Laws and policies ‘contributed to the generally free applied for asylum in Cambodia after fleeing China people in a very bad situation. It’s not only practice of religion’, according to the IRFR 2009. following the riots in Xinjiang province in July [agricultural] land, it’s been cemeteries and the Freedom House, however, pointed to discrimina- 2009. The UN, the US embassy, and organizations Bunong number about 20,000 and live in the places they go for hunting, and the places they tion against ethnic Cham Muslims in its 2009 including Amnesty International (AI) and HRW eastern Cambodian province of Mondulkiri. go to worship, the sacred forests. The company, Freedom in the World report. ‘The Chams have issued statements urging Cambodia not to deport While Cambodia’s population is overwhelmingly they don’t care because they have a license from come under new suspicion from the ethnic Khmer the asylum-seekers and condemning the move Khmer and Buddhist, Bunong people practise the government.’ majority in the wake of Islamic terrorist attacks when it did. Human rights groups accused the their own form of spirituality that is intrinsically in Southeast Asia and elsewhere’, according to the government of violating international law, point- connected to their environment. If the company continues to clear land for report, which also refers to discrimination against ing out that Cambodia had ratified the 1951 UN rubber plantations, Prak adds that, Cambodia’s ethnic Vietnamese minority. Followers Convention relating to the Status of Refugees and ‘We can say they are animists, because we believe of the nineteenth-century Muslim leader Imam San, its 1967 Protocol. Cambodia has thus committed in spirits in nature: the mountain, tree, the waters, ‘…it will have a big impact, because if all the a small sect within the Cham minority, said they itself to the principle of non-refoulement, whereby the sky, the rice spirits. Elephants, buffalo – all land is taken up by rubber [trees], there will not experienced discrimination from fellow Chams, states are barred from returning a refugee or an these animals have spirits and almost a similar life be any space to grow rice. For Bunong, rice is very who claim they are not true Muslims, according to asylum-seeker to a country where that person faces a to the humans. important to the culture. Most of the ceremonies are an article in the Asia Times, an online news source. serious risk of persecution. China has been accused related to the rice. If they don’t have any land to The sect’s 37,000 members blend Islamic practices of detaining, torturing and executing Uighur ‘We practise agriculture, but when we finish, for grow their rice, they will not have any ceremonies. with animist ceremonies, and they pray once a week asylum-seekers upon return, even in cases where the example in June or at the beginning of July, we It will be a big loss for the culture. If we lose the rather than five times a day. individual had gained refugee status. go for hunting for half a month and then we start land we lose everything. In December 2009, the UN-backed tribunal that work (farming) again. We harvest rice and prepare is trying former leaders of the Khmer Rouge offi- Indonesia for the next crop. Then in May we do honey ‘Maybe we will get jobs and become rich, but I cially acknowledged atrocities committed against the Persecution of religious minorities continued hunting, collecting honey in the forest. At this time don’t think so. I think Bunong will be the losers. Cham and Vietnamese minorities as genocide. The throughout 2009. Followers of the Ahmaddiya reli- we are free from agriculture and we go in And for the old [ways of] living, the culture, it will Extraordinary Chambers of the Courts of Cambodia, gious group faced attacks from Islamist groups that the forest, just go for a walk, hunting and fishing be lost. Myself, as a Bunong, I’m really concerned which is a hybrid court combining Cambodian and consider them heretics. On 11 December 2009, for and collecting honey. Some people they go for a about that. That’s why I came to study sociology international law, handed down genocide charges example, a group of people claiming to be members week or two weeks in the forest, just walking with and anthropology. I hope that I can document that, against four former leaders of the Khmer Rouge of the Islamic Defenders Front (FPI) raided a house the family.’ and I hope to collect the knowledge to keep for the regime who were awaiting trial. In an interview, Youk in Jakarta where Ahmadis had held Friday prayers, next generation.’ p Chhang, who heads the Documentation Centre of according to news reports compiled by the Wahid But their way of life is under threat from a new Cambodia, an NGO, welcomed the charges and Institute, a Jakarta-based non-profit organization. rubber operation that has already displaced pointed to massacres of both minority groups, includ- Police took six Ahmadis to the police station in order some Bunong and destroyed sacred forests and Edited by Rahnuma Hassan ing one incident where the Khmer Rouge wiped to prevent them from being physically harmed, a cemeteries. Critics say the joint venture by out an entire community of Cham who lived on an police chief said. The deputy head of the FPI Jakarta Socfin, a French company, and its Cambodian island. For their part, two members of a Cham del- chapter later said that his group had initiated the egation who travelled to the court to take part in a raid and demanded that police detain the Ahmadis

128 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 129 and Indigenous Peoples 2010 and Indigenous Peoples 2010 for violating a government decree. A decree handed ing the province’s natural resources, which include oil plantations, are responsible for most of the mas- on telephone conversations between Hmong being down in June 2008 does not ban Ahmaddiya out- mineral deposits and forests, without compensating sive deforestation, which threatens not only the held in camps in Laos after being deported from right, but it prevents Ahmadis, who number about them. They have also raised concerns about non- environment, but also indigenous communities. Thailand and their relatives living in the US. Lao 200,000 in Indonesia, from spreading their beliefs Papuan migration into the province. On 29 January The Reducing Emissions from Deforestation and authorities told Radio Free Asia that concerns about and orders them to embrace ‘mainstream Islam’, 2009, police in Nabire fired rubber bullets and Forest Degradation (REDD) programme would the welfare of the Hmong were groundless and according to the Wahid Institute. Local governments injured at least five people who were demonstrat- see big polluters buying carbon credits, generat- that they would be resettled in villages constructed issued bans against Ahmaddiya and other religious ing for local elections to be held, according to AI, ing financial resources that would be used to pay near the capital, Vientiane. The government did groups, including al-Qiyadah al-Islamiya, according which reported that police also beat demonstrators for reforestation or forest preservation. Under the allow three members of the US Congress to visit to IRFR 2009. Twelve Ahmaddiya mosques were with rattan sticks and rifle butts. In January 2009, REDD programme, the Indonesian government one of the resettlement villages, 70 km outside destroyed in 2009, including one in South Jakarta Papua’s High Court extended the sentences of 11 plans to plant millions of hectares of new forest of Vientiane. In a press conference afterwards, that was set on fire on 2 June. protesters who were jailed after raising the banned annually with financing from international donors Congressman Eni Faleomavaega said, ‘There is no In the province of Aceh, the Aceh Party gained Morning Star flag, a symbol of independence, in and the private sector. Some indigenous communi- indication of discrimination or harassment or mis- a majority in the 9 April 2009 parliamentary March 2008. The protesters were initially sen- ties, including Oma’lung, a subgroup of Dayaks liv- treatment of the people in Phalak village.’ However, elections. It then proceeded to implement elements tenced to eight months’ imprisonment, but upon ing in Borneo, have reportedly embraced the REDD it should be noted that the Lao government strictly of Sharia law that violate the human rights of appeal the sentences were extended to three and a programme as a path to preserving their homeland controls information. As a result, it is difficult to women and members of non-Muslim minorities, half years for one protester and three years for the and culture, according to Our World 2.0, a publica- obtain independent verification of apparent abuses. according to local human rights groups. The party others. On 6 April, police opened fire on students tion by the United Nations University, which is a The Laos Constitution officially allows for is the political wing of the Free Aceh Movement, peacefully protesting the elections and calling on think-tank for the UN. Nevertheless, the Indonesian freedom of religion, but human rights groups say which fought for independence before signing a the UN to organize a referendum to determine the government must ensure proper and meaningful authorities, particularly at a local level, harass or peace agreement. During the run-up to elections, at future of Papua. Four demonstrators were seriously consultation with affected indigenous communities ill-treat dissident Buddhists as well as Christian least five Aceh Party leaders were killed, its offices injured, including a 10-year-old boy. Three days and ensure that no forced displacement occurs in and animist groups. On 30 November 2009, UN were bombed, and Indonesian soldiers removed earlier, police arrested 20 student demonstrators and conjunction with any REDD programme. Special Rapporteur on freedom of religion or belief some of the party’s flags, according to HRW. After charged three with treason and incitement, charges Asma Jahangir released a statement after a visit to winning the election, the Aceh Party formed a that carry a maximum penalty of life imprison- Laos Laos, urging authorities to respect religious diver- ‘Sharia patrol unit’ of 800 officers, which is tasked ment. These incidents were documented by HRW. A long-simmering debate about the fate of minority sity. She noted that religious minorities have been with forcing residents to adhere to the party’s strict In June 2009, HRW released a report document- Hmong who fled Laos to seek asylum ended abrupt- economically and politically marginalized, as well version of Islam. ing abuses by the Indonesian Special Forces, ly at the end of 2009. More than 4,000 Hmong as targeted specifically for their religious beliefs. In Indonesia’s Christian minority also continued to Kopassus, in West Papua. Drawing on interviews were deported from camps in Thailand on 28 response, Lao authorities acknowledged such repres- face attacks and discrimination. In January 2009, collected from victims in 2008 and 2009, HRW December, despite protests by human rights groups, sion, but said instructions had been passed to lower- 10 members of Jemaah Islamiyah, a militant Islamic said Kopassus members ‘arrest Papuans without the UN, and governments including the United level officials that such incidents would no longer be group, were tried for killing a Christian school- legal authority, and beat and mistreat those they States. Many worried that the deportees would face tolerated. teacher, according to IRFR 2009. In late October, take back to their barracks’. The report noted that persecution in Laos, which has attacked members of Incidents of harassment or ill-treatment of minor- at least 17 students from the Setia Christian College Australia has resumed regular training of Kopassus the ethnic minority because many Hmong fought ity Christians blighted Laos’ human rights record in in Jakarta went on a hunger strike to protest the soldiers and pointed to statements by US Secretary with the United States in the 1960s and 1970s 2009. The US State Department Country Report forced eviction of 900 students from their campus of State Hillary Clinton that suggest that the US against the communist Pathet Lao, who took over 2009 noted that the situation for Christians varied accommodation, an incident documented by AI. may also decide to train Indonesian Special Forces. the country. The deportees included 158 Hmong from region to region. Decree 92 on Religious The students were housed in a building that was On 11 August 2009, AI released a statement decry- who had been granted refugee status after UNHCR Practice defines the rules for religious practice and owned by the city, but was then turned over to a ing the failure to resolve the killing of Papuan pro- decided that they did indeed face the threat of per- establishes the government as final arbiter. Local private company after a legal dispute. The previous tester Opinus Tabuni one year earlier. According to secution in their home country. officials have used its terms to curtail minority reli- year saw the evacuation of 1,400 students from the AI, the unsolved murder ‘highlights the continued One day after the mass deportation, UNHCR gious practice, while not always understanding its campus after attacks by villagers and others allegedly lack of accountability in cases involving the lethal asked for access to the deportees in Laos and offered provisions. There were reports throughout the year linked to the FPI, according to AI. Twelve churches use of firearms by law enforcement officials’. to assist the Lao government in resettling them to of local officials banning Christian worship, refusing were attacked and destroyed during 2009, according In 2009, Indonesia set up a legal framework to a third country. In early January 2010, UNHCR permission to build churches or harassing worship- to IRFR 2009. implement a UN-backed programme to reduce regional spokesperson Kitty McKinsey said in an pers. There were also reports of Christians being In resource-rich West Papua, authorities contin- greenhouse gas emissions through market incentives. interview, ‘We haven’t received access or even a forced to renounce their faith. ued to clamp down, sometimes violently, on indig- After China and the US, Indonesia is the world’s formal response.’ Advocates in the US, such as the As construction continued on dams along Laos’ enous peoples’ activists peacefully seeking greater largest emitter of greenhouses gases, mostly due Center for Public Policy Analysis, a Washington rivers in 2009, indigenous peoples continued to autonomy or independence. Members of Papuan to rampant deforestation, according to the World DC-based research group, said Lao authorities took lose their livelihoods as they were displaced. In indigenous communities, who number 800,000, Bank. Logging – both legal and illegal – as well as away members of the group who had been involved May, the NGO International Rivers (IR) visited the have accused the central government of exploit- mining and conversion of forested areas to palm in fighting the Pathet Lao. Those reports were based Theun-Hinboun Expansion Project, a dam under

130 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 131 and Indigenous Peoples 2010 and Indigenous Peoples 2010 construction in central Laos, and discovered that that infringed upon religious freedom. Shanmuga the Federal Court, affirmed a ruling that grants Lumad indigenous people in Mindanao were being the Theun-Hinboun Power Company had violated Kanesalingam, legal adviser to the Malaysian them land rights. Advocates said the ruling could forcibly recruited by the military to fight the New a number of agreements it had signed in order to Consultative Council of Buddhism, Christianity, help indigenous peoples resist destruction wrought People’s Army, a communist rebel group. be allowed to operate. Among other violations, the Hinduism, Sikhism and Taoism, said in an inter- by oil and logging companies. company had failed to compensate villagers for their view, ‘A significant minority of non-Muslims are Thailand loss of assets and livelihoods, and failed to provide still unlawfully being treated as Muslims, and are The Philippines The year 2009 began with shocking photographs documentation of ‘good faith negotiations’ with subjected to Islamic law. They cannot marry non- Violence continued to plague the southern region of and video footage showing Thai officials allegedly indigenous communities that will be affected by the Muslims, and when they die their bodies will be Mindanao, home to most of the country’s minor- mistreating Rohingya refugees, who had escaped project. The dam will displace 4,186 indigenous taken away by the Islamic authorities and their ity Muslim community, after a breakdown in peace neighbouring Burma by sea. The images were people from the reservoir area and affect a further non-Muslim families disinherited.’ He pointed to negotiations between the government and the Moro accompanied by stories of abuse, including allega- 51,441 people living downstream, as well as under- two cases in particular in which he was involved. Islamic Liberation Front (MILF) the previous year. tions that Thai soldiers set refugees adrift in boats mine food security for about 50,000 people, accord- The ‘body-snatching’ case of Mohan Singh saw the A ceasefire was declared on 29 July 2009, but fight- without engines. Reports in January 2009 indicated ing to IR. The Lao power development plan will see Islamic authorities take possession of the deceased ing was ongoing in some areas. In May 2009, the that as many as 200 Rohingya were missing, while 55 large dams built, of which seven are currently man’s body in order to give it a Muslim burial. National Disaster Coordinating Council reported 300 were known to have drowned. Boats full of under construction. Singh was a Punjabi Sikh, but the authorities that there were still 703,949 internally displaced refugees were found drifting in the Andaman Sea by claimed he had converted to Islam in 1992. The law persons (IDPs), most of whom were Muslim. Living the Indian Coast Guard. One survivor told IRIN, Malaysia allows conversion to Islam but prohibits convert- conditions were poor in evacuation centres, which the UN news service, that Thai soldiers bound the Despite campaign pledges by Prime Minister Najib ing from Islam to any other religion. Singh’s Sikh lacked sufficient food, water and sanitation. Diseases hands of 412 refugees behind their backs, towed Razak to address long-standing grievances among family rejected the claim, but they were rebuffed are common and some IDPs have died due to them out to sea and left them there. Another refu- Malaysia’s minorities, who staged demonstrations by the authorities. Kanesalingam noted of the fam- lack of medical attention. The military reportedly gee, one of only 107 people to survive the ordeal, that were widely credited as a key to his predeces- ily, ‘They will also be disinherited.’ He mentioned blocked relief supplies to IDPs, who were publicly told IRIN, ‘The food and water ran out within a sor’s defeat, the government has implemented few also the case of a Hindu woman whose husband labelled as an ‘enemy reserve force’ by Lt. Col. few days. We were starving for nearly two weeks reforms. Perhaps such failed promises added to the had converted to Islam and was trying to force her Jonathan Ponce, spokesman for the sixth infantry and feared we would never see dry land again.’ ethnic and religious tensions that plagued the coun- to go to the Islamic Syariah court (the Malaysian division, during a 30 June 2009 forum, according to Chris Lewa, of the Arakan Project, a human try in 2009. Many minority activists resent poli- Sharia courts) in order to divorce her and take pos- the Asian Legal Resource Centre, an NGO. rights group, said in an interview that four boats cies that favour Malays, who account for half the session of their children whom he wished to convert Another armed group, Abbu Sayyaf, continued to containing at least some Rohingya refugees were population and are granted preferred status when it to Islam as well. Kanesalingam said, ‘Government mount attacks in 2009 and carried out kidnappings found by Indian authorities in 2009, three of which comes to education, jobs and status. authorities and the civil courts show undue defer- against civilians. The most publicized incident was had been set adrift by the Thai navy. The persons Religion is also a point of contention for minori- ence to such Syariah court orders. Much anticipated the 15 January kidnapping on the island of Sulu of on board numbered 448 and included Bangladeshis ties, and the courts are often called on to settle issues law reforms have been deferred pending the Syariah three representatives of the International Committee as well as Rohingyas. At the end of 2009, Lewa said that challenge Islam’s dominance. Islam is the state authorities’ feedback.’ of the Red Cross. They were freed in April and 224 Rohingyas remained in a prison in Port Blair religion (60 per cent of Malaysians are Muslim), but Indigenous communities, who comprise 11 per October. On 10 and 11 April, Abbu Sayyaf mem- in the Andaman Islands, which are administered by Article 7 of the Constitution states that ‘other reli- cent of the population, continued to face threats to bers allegedly killed two farmers in Zamboanga India. Seventy-nine Rohingya refugees remained in gions may be practised in peace and harmony’. A 31 their traditional way of life as mining, logging and City; the group claimed that the farmers were mem- a detention centre in Bangkok. They were found December 2009 court ruling was a telling example of hydroelectric dam construction threatened their bers of a Christian militia, according to IRFR 2009. on 19 August 2009 drifting in a boat with a broken how such tensions play out in the social arena. The environment. At the end of 2009, for example, As a signatory to the UN International engine and were picked up by the Thai navy. The court overturned the government’s March ban on the Bakun hydroelectric dam in Borneo was in the Convention on the Elimination of All Forms of refugees had first been caught by the Burmese navy, the use of the word ‘Allah’ in Christian publications final stages of completion, with officials saying they Racial Discrimination, the Philippines came under tortured and set adrift, according to Lewa. She said in the Malay language; the government appealed the would begin filling it with water in early 2010. review during 2009. In the 28 August 2009 report some of them had been burned and two of the refu- decision. Protesters firebombed several churches soon Thousands of indigenous people have already been released by the committee overseeing the conven- gees spent two months in the hospital recovering afterwards. In October, the government seized and driven from their ancestral lands to make way for tion, committee members expressed concern that from the torture. Thai officials first put the refugees destroyed 20,000 Bibles in which the word ‘God’ the dam, which will eventually flood an area of jun- ‘leaders of these communities continue to be victims in a detention centre in Ranong, a province along had been replaced by ‘Allah’, a common practice in gle the size of Singapore. Those affected include the of extrajudicial executions as well as of disappear- the Andaman Sea, where conditions had been very Christian texts written in Malay. The government Penan tribe, who number about 10,000, of whom ances and detention and over reports indicating poor. They were brought to Bangkok after human said that switching the words could cause confu- about 400 are thought to be among the last nomad- occupation of indigenous territories by the armed rights groups protested. sion and lead to Muslims to convert to Christianity, ic hunter-gatherers left in the world. Twelve more forces and armed groups’. The committee was also On 20 January 2009, the head of Thailand’s according to a report by CNN. dams are planned in Malaysian Borneo, according concerned about ‘the effects of internal displace- army announced that the military would investi- Several other court cases brought minority to a report by The Independent, a UK newspaper. ment as a consequence of armed conflict especially gate the scandal, IRIN and other news agencies religious rights into focus in 2009, as they were The year 2009 also saw a significant legal victory on indigenous peoples’. The newspaper Davao reported. Thailand said the probe would be led launched against actions taken by the government for indigenous peoples, as Malaysia’s highest court, Today reported on 5 March that members of the by the Internal Security Operations Command

132 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 133 and Indigenous Peoples 2010 and Indigenous Peoples 2010 (ISOC), which is the same army unit that allegedly claiming they were fleeing persecution. armed opposition group is thought to use terror evicted 150 monks … beating some of the monks perpetrated the abuses. The ISOC was set up during Thailand is home to about 150,000 refugees, tactics against fellow Muslims to keep them under in the process’. The following day, more than the Cold War to run anti-communist death squads, according to Refugees International (RI), many of control. On 12 March, for example, an insurgent 200 nuns fled the monastery to the nearby Phuoc according to IRIN. Thailand refused offers from whom are ethnic minorities who fled Burma to nine shot and killed Laila Paaitae, a well known Muslim Hue pagoda in Lam Dong province after being outside agencies, including UNHCR, to help with camps on the Thai side of the border. Aid workers women’s rights and peace activist who promoted threatened. The Guardian newspaper reported in the investigation. A year later, no details had been and UNHCR officials at the Mae La camp reported coexistence between Malay Muslims and Thai mid-December that a mob of about 100 people, released to the public and it is unclear whether the during 2009 that women suffer from high levels of Buddhists, HRW reported. who were allegedly led by undercover police and ISOC had carried out an internal investigation. domestic and sexual abuse, a situation that is likely ICG accused the Thai government of failing party officials, attacked the pagoda and assaulted The year ended with the Thai authorities target- to be similar in other camps. About 13,000 refugees to live up to promises to solve the conflict. In its some occupants. The authorities gave the occupants ing another refugee minority. On 28 December, from the camps were resettled in 2009, while December report, it said, ‘The government has until 30 December to leave that pagoda and many the military deported more than 4,000 Hmong more than 43,000 were resettled in 11 countries made little progress in addressing political grievances have since gone underground to escape persecution, asylum-seekers to Laos, despite protests by human between 2004 and 2008, according to the UN. In or alleviating the sense of injustice among Malay while others have asked for asylum in France, rights groups who accused the Laos government of a September 2009 report, RI warned that more Muslims.’ ICG recommended that the govern- according to the Guardian. Observers such as HRW human rights violations. Military units in riot gear funding for refugee camps might be necessary in ment take control of policy away from the military, linked the attacks to proposals made by Thich forced thousands at the Huay Nam Khao refugee 2010 if the Burmese military continues its offensive including measures such as revoking martial law, Nhat Hanh in 2007 urging the government to ease camp onto buses and sent them back to Laos. The against ethnic militias, causing more refugees to flee which gives the military sweeping powers, as well as restrictions on religion. Thai military had prevented UNHCR officials to Thailand. taking stronger measures to prosecute those respon- While a 2004 Ordinance on Beliefs and Religions from entering the Huay Nam Khao refugee camp In southern Thailand, the military continued to sible for attacks against Muslims, especially the 8 allows for religious freedom, Vietnam’s government to assess their refugee claims. In May 2009, the fight an ethnic Malay armed group, and the number June attack on the mosque. ICG also recommended requires all religious groups to be authorized and international medical relief NGO Médecins Sans of attacks by the latter increased in 2009 compared pursuing talks with the insurgents to explore options overseen by management committees. The gov- Frontières (MSF), which was the primary group to 2008. Malay Muslims are a minority in Thailand for a compromise, which could include ‘a special ernment recognizes six religions and 29 ‘religious providing medical aid to the refugees, withdrew as a whole, but a majority in the southern provinces administrative structure’ for at least parts of south- organizations’. Members of groups which are not from the camp in protest at the strong-arm tactics bordering Malaysia. The International Crisis Group ern Thailand. recognized face persecution. The Unified Buddhist by Thai authorities. In a statement, MSF said, ‘We (ICG) released a report in December 2009 which Church of Vietnam (UBCV), for example, is can no longer work in a camp where the military stated: Vietnam banned and its members are routinely threatened, uses arbitrary imprisonment of influential leaders to Political analysts and human rights organizations detained and imprisoned and harassed. In a July pressure refugees into a “voluntary” return to Laos, ‘Buddhist monks required military escorts and one was accused Vietnam of backtracking on freedom of 2009 incident, police prevented UBCV monks in and forces our patients to pass through military killed in a June bombing while another was injured; expression, particularly religious freedom during pagodas in south and central Vietnam from leaving checkpoints to access our clinic.’ there were six car bombs during the first 11 months of 2009. The Wall Street Journal reported that as to attend a memorial ceremony for their patriarch, At a camp in Non Khai, 158 Hmong were also the year, the highest number since 2004; by September Vietnam was preparing to join the World Trade according to HRW. deported, despite UNHCR warnings that they were 415 people were killed and 773 injured; most civilians Organization in 2007, the government allowed Christians and followers of other religions faced ‘persons of concern’ and could face persecution. who were attacked were those thought to be collaborating greater freedom for religious groups. But in 2009 similar persecution by the authorities during 2009. The 158 who were detained in Non Khai had been with the Thai authorities, especially teachers who, insur- it changed tack, cracking down on religious lead- About 200,000 Catholics protested in July 2009 granted refugee status. Kitty McKinsey, UNHCR’s gents believe, are imposing Buddhist ideas on Malay ers, human rights activists, journalists and bloggers. after police destroyed a temporary church and regional spokesperson, said in an interview, ‘The Muslim students; by August nine educators had been Some analysts saw this as an attempt by the govern- arrested 19 people. During the attack, police beat fact that we gave them refugee status shows that killed; insurgents burnt down 11 schools in 2009.’ ment to stifle dissent and maintain Communist parishioners with electric batons and used tear gas, they had a well-founded fear of persecution.’ The Party control in the wake of a bout of high inflation according to HRW. On 27 March, an appeals court governments of Australia, Canada, the Netherlands Muslims too came under attack in southern in 2008 and the global economic crisis in 2009. upheld the sentences of eight Catholics who were and the US had all volunteered to resettle the group, Thailand during 2009. On 8 June, gunmen opened They expected repression to continue in the run-up convicted in December 2008 of destroying public but the Thai government ignored the offers. fire on dozens of Muslims praying at a mosque in to the 2011 party congress, which often heightens property and disturbing public order. They had The Lao government has a history of animos- Aipayae village, killing 10 people and injuring 12. tensions between reformers and conservatives within been protesting against what they said was govern- ity toward the Hmong because of their coopera- Police issued warrants for a former paramilitary the party, according to the Wall Street Journal. ment expropriation of church property. About tion with the United States during its ‘secret war’ ranger and another man – both Buddhists. Police In Vietnam: Sharp Backsliding on Religious 5,000 Catholics marched to the appeals court but in Laos in the 1960s and 1970s. The US Central said they believed the attack was in retaliation for Freedom, HRW focused on violent attacks on were stopped by a reported 1,000 police officers in Intelligence Agency (CIA) recruited Hmong people the killing of Buddhists by insurgents. A video post- followers of Thich Nhat Hanh, one of the world’s riot gear, according to a story by Viet Catholic News in its fight against the communist Pathet Lao. Tens ed online in January 2009 showed a Malay Muslim leading Buddhist monks and peace activists. At that was posted on the Vietnam Human Rights of thousands of Hmong fled after the US pulled out man being beaten by Thai soldiers. Human rights the Bat Nha monastery on 27 September 2009, Network website. in 1975 and the Pathet Lao took over the country. groups documented three cases of serious abuse the report recorded that, ‘more than 100 thugs Other Christians who were not members of The Hmong who were deported back to Laos on 28 against Malay Muslims by security forces in 2009, and undercover police officers armed with sticks churches registered with the government-sanctioned December 2009 had arrived in Thailand in 2004, and many less violent cases, according to ICG. The and hammers broke down the doors and forcefully Evangelical Church of Vietnam (ECV) were also

134 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 135 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: Hmong children near Sapa, in the north of Chinese citizens better living standards, greater Vietnam. Dieter Telemans/Panos. political rights and additional legal protection. On 3 December, the Xinhua news agency disseminated however, the group of 24 remained in political a speech by the Minister of the Information Office limbo, living in a pagoda and surviving on dona- of the State Council Wang Chen on the successful tions of food, according to the Phnom Penh Post. implementation of the NHR plan, stating: Vietnam’s ethnic minorities also faced barriers to health care, education and other services. The ‘From what had been observed in the appraisal process, UN Children’s Fund (UNICEF) reported that the National Human Rights Action Plan was well or the poverty rate among ethnic minorities was 69 relatively well implemented up to date. … For most of per cent, compared to a rate of 23 per cent for the targets and tasks which are expected to be finished the majority Kinh (80 per cent of the population) in two years, 50 per cent, or even 65 per cent for some, and Han Chinese ethnic groups. In Cao Bang have been accomplished so far.’ province, where ethnic minorities make up 98 per cent of the population, maternal mortality rates are The government further stated how during the year: more than ten times those in Bin Duong province, near Ho Chi Minh City, according to UNICEF. ‘the rights of ethnic minority groups have been further A World Bank report, released on 3 June 2009, protected with the adoption of various measures to boost identified six factors for higher poverty rates among social and economic development in regions inhabited ethnic minorities: lower education levels, cultural by ethnic groups. The State Council convened the first prejudice, less mobility, lack of access to fertile land, national conference on ethnic minorities’ cultures and lower market access and lack of access to financial promulgated regulations and policies to promote the services. The report recommended improving development of ethnic minorities and their cultures.’ education levels among ethnic minorities as the key to addressing poverty. The speech was supported by government statistics referring to central government investments of 1.24 billion yuan in infrastructure construction, housing victims of the crackdown on religious freedom. At land and implementing policies aimed at assimilat- projects and improvements in the standard of living least 40 Montagnards – persons belonging to the ing them. For example, almost all schooling, even East Asia and incomes of minorities in the Tibet Autonomous indigenous communities of the Central Highlands, in areas where they are the majority, is conducted in Region (TAR) and the Xinjiang Uighur many of whom are Christian – were arrested in Vietnamese rather than in Khmer. In January 2009, Jared Ferrie Autonomous Region (XUAR). However, while the Gai Lai province in 2009, according to HRW. In HRW released a report highlighting abuses commit- official statistics seem to record significant percent- one incident, police raided a prayer meeting of ted against the Khmer Krom. HRW obtained inter- China age increases in employment rates and per capita Montagnards on 14 August and beat eight peo- nal memos written by government officials, ‘outlin- Contributed by Marusca Perazzi disposable income in these geographic areas, they ple so badly that one had to be hospitalized. In ing their concerns about unrest among the Khmer failed to provide any disaggregated data proving February, police arrested 11 Montagnards and beat Krom in the Mekong Delta and strategies to moni- he year 2009 was the 60th anniversary of that minority groups inhabiting those ‘autonomous’ them and shocked them with electric batons in an tor, infiltrate and silence Khmer Krom activists’. the founding of the People’s Republic of regions had been the primary beneficiaries of such attempt to force them to join the ECV. At least 300 In December 2009, a group of 24 Khmer Krom T China (PRC) and the 20th anniversary funding, when the areas are increasingly populated Montagnard Christians are imprisoned in Vietnam, arrived in Cambodia and asked for asylum, accord- of the Tiananmen Square massacre. The Chinese by an overwhelming number of Han Chinese. according to HRW. ing to reports in the Phnom Penh Post newspaper. government marked the year by consolidating its In practice, China’s human rights record remains a The Vietnam Human Rights Network released One member of the group, Choa Sokha, said he political power and celebrating its achievements in matter of serious concern, with economic growth and a statement accusing police of beating to death was arrested and tortured after leading protests call- many areas, while pledging to improve the country’s development not translating into improved minority Thach Thanh No, a deacon of the Khmer Religious ing for religious freedom in 2007. He initially fled human rights record. With the publication of the rights protection. In February 2009, the Chinese gov- Alliance Church, on 4 April 2009. The incident to Cambodia but crossed into Thailand after fac- first National Human Rights Action Plan (NHR ernment showed that its human rights commitment allegedly took place in Tra Vinh province, in the ing harsh treatment by Cambodian authorities. In plan 2009–10) on 13 April 2009, ‘The government is less than whole-hearted when it rejected many of Mekong Delta. The region is home to many Khmer December, Thailand sent them back to Cambodia, admitted that “China has a long road ahead in its the recommendations of the UN Human Rights Krom, who share their ethnicity with the major- as it did in June with another group of 54 Khmer efforts to improve its human rights situation”’, as Council Working Group on the Universal Periodic ity population in neighbouring Cambodia, but are Krom. Under Cambodian law, Khmer Krom have reported by the official Xinhua news agency. The Review (UPR), which called for greater democracy, a minority in Vietnam. The Khmer Krom have the right to citizenship and therefore could not NHR plan includes a section on the protection an improvement in the human rights situation and accused the government of expropriating their farm- apply for asylum as refugees. At the end of 2009, of the rights of ethnic minorities and promised greater adherence to the rule of law.

136 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 137 and Indigenous Peoples 2010 and Indigenous Peoples 2010 In reality during the year, ethnic, religious and lin- authorities’ lack of disaggregated statistical data ethnic identity and culture. Initially peaceful dem- tests by security forces, and the government’s con- guistic minorities faced severely discriminatory prac- regarding the socio-economic status of members of onstrations on 5 July 2009 became violent resulting tinuing crackdown in Tibetan areas’. In November tices in mainstream society. With regard to religious ethnic minorities. CERD also criticized obstacles to in the deaths of 197 people, mainly Han, with over 2009, AI called for urgent action to be taken, as there minorities, there were numerous examples of human the effective public participation of minorities and 1,700 injured, according to the White Paper of had been sporadic reports following the Tibetan rights violations, including: abuses of freedoms of particularly minority women. And the UN body the Information Office of the State Council of the demonstrations of 2008 of Tibetan monks and nuns expression, speech and press; denial of other civil and criticized the incentives system that grants the right PRC, Development and Progress in Xinjiang, pub- facing intimidation and harassment. Individuals were political rights; an insufficiently independent and to work and settle in autonomous minority areas lished in September 2009. The Chinese authorities being prosecuted in unfair trials and those who were effective judiciary; as well as many cases of arbitrary ‘that might substantially alter the demographic com- have presented the violent incidents of July 2009 being held in detention centres were enduring cruel, arrest, detention and inadequate access to remedy. position with negative impact on customary tradi- in the XUAR merely as an inter-ethnic conflict inhuman or degrading treatment, torture, or in some Respect for the fundamental rights of some ethnic tions and cultures’. CERD also urged the Chinese between Uighurs and Han, rather than admitting cases death. Despite such severe repression, 2009 minorities, notably freedom of religion, conscience government to improve its respect for the religious. that the violence was an expression of the deep frus- nevertheless saw renewed political protests against and movement remained closely monitored and tration felt by Uighurs. The causes are many and the Chinese policies towards Tibetans continuing in severely restricted. Moreover, systematic failure to Defiance and repression include ongoing state-sanctioned or state-instigated Sichuan province. implement basic labour standards and address labour As indicated in MRG’s State of the World’s repressive measures, the lack of implementation of In March 2009, the European Parliament rights infringements gained China bottom place Minorities 2007, the Chinese authorities’ classifica- policies relating to Uighur development, and forced adopted a resolution on Tibet, pressuring China to out of the 196 countries in the Labour Rights and tion of 55 national minorities (sh˘aoshù mínzú), mass assimilation processes. resume a dialogue on ‘real autonomy for Tibet’ on Protection Risk Index – Human Rights at Risk Atlas neither reflects the self-identification of such groups With the September ‘100-day’ and the November the basis of the Memorandum for Genuine Autonomy 2010, a human rights risk assessment tool produced nor the reality of ethnic diversity within the coun- ‘strike hard’ official campaigns in 2009, and the for the Tibetan People, a document presented to by the UK-based research company Maplecroft. try’s boundaries. While some of China’s minority new regional ‘law on education for ethnic unity’ Beijing by envoys of the Dalai Lama in 2008. The During 2009, the Chinese government’s authori- groups may have benefited from such recognition, threatening ‘national unity’ on top of the existing European Parliament expressed concern over the tarian tendencies continued to weaken the rule the system is still fraught with difficulties, and national law against secession, the authorities target- lack of access to fair trial procedures for convicted of law. It did, however, take a number of positive largely used as a comparative exercise to emphasize ed Uighurs across the XUAR. By the end of 2009, Tibetans and Uighurs, and strongly condemned steps, most especially in the area of legislation. Han superiority, given that ethnic minorities are the China News Service reported that 34 people had the execution of two Tibetans in September 2009. There were attempts to draft a refugee law, revise discriminated against in all walks of life. been convicted of committing crimes in connection In a November 2009 resolution, the European the Law on the Protection of State Secrets of the In 2009, the Chinese authorities equated the with the rioting in July. Another 22 had been sen- Parliament called for the commutation of all pend- People’s Republic of China, and reform the extra- frustration of ethnic minorities, especially the tenced to death, with nine executions having already ing death sentences related to the Tibet protests judicial administrative form of punishment for Tibetan and Uighur populations, with social occurred by year’s end. of the previous year. It also called on the Chinese minor offences operating outside China’s Criminal unrest to be repressed, leaving the underlying Since the violent clashes in the XUAR in July government, ‘to make efforts to develop a genuine Procedure Law (CPL), known as Re-education factors fuelling their discontent unaddressed. 2009, the Chinese government has enforced a mas- Han–Uighur dialogue, to adopt more inclusive and Through Labour (RTL), with the newly drafted The government brushed aside the root causes of sive communications shutdown, tightly controlling comprehensive economic policies in Xinjiang aimed Illegal Behaviour Correction Law (IBCL). However, minorities’ discontent as well as Han resentment the flow of information across the region and in at strengthening local ownership, and to protect the these initiatives were marred by other restrictive of ‘minorities’ special treatment’. It also displayed neighbouring provinces. Online sources of informa- cultural identity of the Uighur population’. measures affecting key human rights. Legal barriers a lack of understanding and intolerance towards tion and mobile communications remained censored In the IMAR, where ethnic Mongols have long affected the implementation of China’s minorities the reality of ethnic diversity across the country. for months following the July incidents. been subjected to cultural assimilation, population policy. For example, no significant progress was While gaining widespread support for its ‘corrective’ The treatment of hundreds of Uighur men, transfers and political repression by the Chinese made to include a definition of racial discrimination policies in the XUAR and the TAR from the Han women and children in the XUAR followed the authorities, the NGO Southern Mongolian Human and a prohibition of discrimination in domestic leg- majority, the regime implicitly contributed to same pattern as that which occurred after the March Rights Information Centre (SMHRIC) recorded islation. In August 2009, the UN Committee on the undermining the frail social fabric and exacerbated 2008 Tibetan riots, which led to four persons being that, during 2009, human rights advocates remained Elimination of Racial Discrimination (CERD), in the already tense relations between minority sentenced to death and hundreds still remaining imprisoned while other activists had been jailed for its Concluding Observations, commended China for communities and those Han who live in the TAR, unaccounted for, according to USCIRF 2009. By the ‘“attempting to organize a protest” in the regional adopting a series of policies and programmes aimed the XUAR and Inner Mongolia (IMAR). But the end of April 2009, the US Congressional-Executive capital Hohhot in May for the 62nd anniversary of at the advancement of minorities, including protect- disproportionately violent measures adopted by Commission on China (CECC) in its ‘Special Topic the Inner Mongolia Autonomous Region.’ ing the rights of special groups in the Hong Kong the Chinese government to repress subjugated Paper: Tibet 2008–2009’ reported that TAR courts Special Administrative Region (HKSAR) through and discriminated ethnic communities cannot be had convicted 84 Tibetans in connection with the Freedom of religion mechanisms such as the Women’s Commission condoned on the basis of the state’s obligations to 2008 riots to sentences ranging from death, death While China is officially atheist and religious and the Ethnic Minorities Forum, and the entry protect its citizens and to maintain social stability. with a two-year reprieve or life imprisonment. In activities remain a very sensitive subject, freedom into force of the Race Discrimination Ordinance. The year 2009 was a defining one for Uighurs the same vein, CECC described how the judicial of religion is enshrined in the Constitution and Nevertheless, in practical terms a number of rights in the XUAR. The population has long suffered authorities have used the state secrets law and other regulated by a body of national and regional laws obligations remained unfulfilled. In its report, persistent human rights abuses, widespread discrimi- measures, ‘to prevent and punish attempts to share that oversee the ‘normal religious activities’ of all CERD expressed concerns regarding the Chinese nation and loss of land to the detriment of their information on protests, the suppression of the pro- religious groups. Only officially sanctioned religions

138 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 139 and Indigenous Peoples 2010 and Indigenous Peoples 2010 – Buddhism, Catholicism, Islam, Protestantism Right: The Chinese government is in the process of and Taoism – are protected under PRC law. While tearing down the Old Town in Kashgar to replace Buddhism is implicitly supported by the govern- traditional Uighur homes with modern Chinese ment, Roman Catholicism is officially ostracized buildings. Xinjiang, China, April 2009. Carolyn and Catholic adherents can only be involved in Drake/Panos. religious activities through the state-sanctioned Three-Self Patriotic Movement of the Protestant people with religious beliefs to play a positive role in Churches of China and the Chinese Catholic promoting economic and social development.’ The Patriotic Associations. Under the Regulations government remained wary of religions regarded on Social Organizations (RSO), ‘patriotic reli- as a contributing to social unrest, but there was gious associations’ of Buddhism, Taoism, Islam, official tolerance of religious groups seen as non- Catholicism and Protestantism are regulated by the threatening, such as those associated with Buddhism State Administration for Religious Affairs (SARA) and Taoism, like the Zhuang followers of the Sue and control the scope of the registered and unreg- Gong in the provinces of Guangdong, the Guangxi istered religious groups. According to a Chinese Autonomous Region, Guizhou and Yunnan. government White Paper published in 1997, China Some Han followers of Buddhism, Catholicism, had over 100 million followers of various faiths. In Protestantism or Taoism have faced religious May 2008, the international National Geographic restrictions and detentions in 2009. Among the magazine reported that the country was composed Tibetan Buddhist (Lamaism) sects, the powerful of 41.5 per cent atheists, 27.5 per cent Chinese Gelug – with the Dalai Lama as spiritual leader – folk believers, 8.5 per cent Buddhists, 8.4 per cent remained the most persecuted and discriminated Christians and 1.5 per cent Muslims. Government against in the TAR and the IMAR, enduring rigor- statistics refer to 20 million Muslims, 16 million ous restrictions of religious practices. In contrast, Protestants and 5 million Catholics, although unof- Ben, Kagyu, Nyingma and Sakya Buddhist devotees ficial figures are higher. from Lhobas, Monbas, Tus and Yugurs enjoyed The issue of religious freedom remained very greater religious freedom and less official scru- sensitive during 2009, with citizens mostly unable tiny. The same went for Achang, Bai, Blang, Dai, to uphold their right to freedom of religion through De’ang, Gin and Lahu ethnic minorities practising any legal recourse. Practitioners of ‘illegal’ faiths Hinayana or Pali Buddhism in Yunnan province. were often subjected to harassment, beatings and Most Muslims, including Bonan, Dongxiang, Hui, detention. The US CECC in its 2009 ‘China Kazaks, Kirgiz, Salar, Tajiks, Uighurs, and Uzbeks activities, as well as intimidation and imprisonment reports of physical abuse and other forms of inhu- Human Rights and Rule of Law’ update pointed who live in Gansu, the Ningxia Hui Autonomous of religious leaders and activists, the number of man treatment. out how an unknown number of unregistered reli- Region, Qinghai and the XUAR could exercise Catholics and Protestants continued to grow, gious groups experienced major difficulties in regis- their religious rights. At the end of October 2009, mainly in large cities such as Beijing, Guangzhou, Democratic People’s Republic tering and had been subjected to informal oppres- the China Daily, for example, reported that 2,250 Shanghai and Wuhan, and in certain rural areas. of Korea sive administrative measures at the hands of local pilgrims from north-west China’s Ningxia Hui A considerable number of Miao, Yao and North Korea is almost entirely homogeneous with authorities, the Religious Affairs Bureau (RAB) and Autonomous Region set off for the hajj to Mecca. Yi minorities also practise Catholicism or regard to ethnicity. While freedom of religion the Public Security Bureau (PSB). However, Freedom House noted in its 2009 Protestantism, with no reports of religious rights is recognized under domestic law, according to In 2009, the Chinese leadership pointed to the Freedom in the World report that the religious activi- infringements during 2009. USCIRF 2009, ‘genuine religious freedom does need for religious affairs to be governed by law rath- ties of Muslims in the XUAR were increasingly The ban on the practice of those beliefs which not exist’. In an August 2009 report on human er than by administrative means, ‘through a correct curtailed. Freedom of assembly, association and the state has designated to be ‘evil cults’, includ- rights in the Democratic People’s Republic of understanding and proper handling of key and dif- movement were severely restricted, and there were ing the Falun Gong, remained in place. Through Korea, the UN noted that, ‘In reality, religions are ficult religious affairs’, to ensure China’s social har- reports that young Uighurs and Tibetans had been central government directives, like the ‘Strike Hard’ seen as unwanted competition for the cult-based mony and stability. In a March 2009 Special Press forcibly indoctrinated by the People’s Liberation campaign, the authorities increased coercive and indoctrination based upon the 10 principles for Summary upon the opening of the Second Session Army. Official exploitation of religion and suspicion punitive measures against these communities. The unitary ideology preached by the regime, which of the 11th National People’s Congress (NPC), towards certain religious communities have made US CECC’s 2009 report found that Falun Gong deifies the leadership at the top in a pseudo- China’s top legislative organ, the Xinhua news agen- society as a whole, and minorities in particular, vul- adherents had died after beatings. Falun Gong fol- theocratic manner.’ cy reported Premier Wen Jiabao as saying, ‘We will nerable and fearful about the future. lowers had also been exposed to electric shocks and USICRF 2009 recorded that between 150,000 fully implement the Party’s basic principles on work Despite concerted governmental efforts to prevent force-feeding during 2009, while being detained in and 200,000 prisoners were being held in remote related to religions and enable religious figures and the spread of Christianity through restrictions on RTL camps or in police custody, where there were camps on religious grounds, and that in May 2009:

140 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 141 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Less than 70 per cent of Ainu youth make it to high failed in 2009 to act on a UN recommendation to problematic during 2009, according to the World ‘Reports continue to indicate that the North Korean school, 10 per cent of those drop out. In universi- grant religious freedom to the approximately 80,000 Bank’s Mongolia Monthly Economic Update on recent government has taken new steps to combat the growth ties and colleges, the drop-out rate is 19 per cent. foreign workers in the country. The Constitution economic and social developments and policies in of clandestine religious activity, particularly that which More than half the respondents said they expected also states that the president, cabinet ministers, Mongolia. The Mongolian government, however, reportedly is spread by cross-border contact with China. government to enact measures to help them access members of parliament and the judiciary must be has taken some positive steps to foster human rights, According to the testimony of North Korean refugees, education. The panel established in 2008 submitted Sunni Muslims. Atoll chiefs may practise other ranging from suspending the death penalty to increas- anyone engaged in such activity can be arrested, tor- a report to the Japanese government in June 2009, forms of Islam (an atoll is an island of coral that ing equal access to education for ‘vulnerable groups’ tured, and imprisoned.’ which stated that the government bears a ‘strong surrounds a lagoon). According to a report released and minority children, partly through a funding responsibility’ for restoring Ainu culture. Included in October 2009 by the UN, the UN Special pilot scheme, according to the UN Human Rights In February 2009, the UN cited reports it had in the recommendations was legislation that would Rapporteur on freedom of religion or belief, Asma Committee in its fifth periodic report of states parties received that: give Ainu special access to land and water resources Jahangir, expressed concern in May about an article to the ICCPR under Article 40. so that they could maintain such traditions as of the Constitution that prevents non-Muslims The state sponsored translations of the Constitu- ‘security agents from the National Security Agency salmon-fishing. According to a 30 July 2009 article from becoming citizens. Jahangir wrote in her state- tion and other legislation into Kazakh and renewed (bowibu) and the public security agency (anjeobu) in the Japan Times, the government plans to estab- ment, ‘The implementation of this article … could facilities for local-language television and radio have stepped up their surveillance and infiltration at lish a consultative body on Ainu affairs, which will have a significant negative impact on human rights broadcasting in Kazakh-inhabited Bayan-Ulgii borders in order to halt religious activities, even posing include Ainu representatives. in the country, including those for individuals who aimag. In October 2009, at the end of the first visit as pastors or setting up fake prayer meetings to entrap Prejudice against Burakumin remains wide- have converted from Islam.’ The UN received no by a UN Independent Expert to Mongolia, the UN new converts. Those who seek refuge in other countries spread. Ethnically non-distinct from the majority response from the government. Special Rapporteur on the right to education, Vernor and who contact missionaries are liable to be punished of Japanese, they were the lowest caste during the Not satisfied with enshrining Islam as the official Muñoz Villalobos, praised Mongolia’s achievements severely if sent back.’ Edo period from 1603 to 1868. Although the caste and compulsory religion, the government took while encouraging the government to produce disag- system has long since been abolished, discrimination steps in 2009 to oversee the way it is practised. gregated statistical data on minority education, and Japan remains and the issue was brought to the forefront On 4 January, the Ministry of Islamic Affairs called for the promotion of a human rights culture Despite positive political developments for Ainu in in 2009 when Google posted a map online that announced its intention to prevent groups from to strengthen women’s public participation and com- 2008, members of the indigenous community still distinguished ‘burakus’, or districts where many holding Friday prayers at a time other than 12:35, bat stereotyping. faced major obstacles in 2009, according to survey descendants of Burakumin still live. The Japan which is the officially sanctioned prayer time, the After decades of repression, Mongolia’s religious results released in June 2009 by the Hokkaido Times quoted sources saying that descendants of US State Department reported. On 1 March, the groups are calling on the Mongolian government to University Centre for Ainu and Indigenous Studies. burakumin are often blacklisted from jobs and face government established a committee on religious strengthen its adherence to freedom of religion or The study indicated that household incomes among other forms of discrimination. In a July 2009 report, issues, which promptly discussed a ban on discos belief and promote greater religious tolerance. Mon- Japan’s 50,000 Ainu are only 60 per cent of the Freedom House also noted, ‘Japan’s three million in order to prevent ‘un-Islamic conduct’, according gols, 40 per cent of whom are atheists, generally tend national average, and college advancement rates are burakumin, who are descendents of feudal era out- to a committee member. In April, the Ministry of towards practising traditional religions such as Sha- half those of other Japanese people. The chief of the casts, and the indigenous Ainu minority still suffer Islamic Affairs started a programme to promote manism and Lamaism rather than other faiths. With University Centre told media that such data could from entrenched societal discrimination that pre- religious awareness in schools, but the programme restrictions on proselytizing, the government respects be useful to the government in formulating policies vents them from gaining equal access to housing and ignored religions other than Islam, which it the religious rights of Tibetan Buddhists (50 per cent), in support of Ainu. employment opportunities.’ During its 23 July 2009 promoted, USCIRF 2009 said. Muslims (4 per cent), Shamanism believers and Chris- In 2008, the Japanese House of Representatives review of Japan’s report to the UN Committee on Some laws in the Maldives, which were drawn up tians (6 per cent). Religious minorities rely on consti- officially classified the Ainu as an ‘indigenous peo- the Elimination of Discrimination against Women, according to perceived Islamic values, discriminate tutional guarantees of freedom of religion or belief as ple’. Many commentators saw this as a substantial the Committee, ‘expressed regret at the lack of infor- against women, and women from minorities well as the 1993 Law on Relations between the State step forward, as the resolution was linked to the UN mation and statistics concerning minority women’. suffer multiple forms of discrimination as a and Religious Institutions and local policies. While Declaration on the Rights of Indigenous Peoples In a report released by the UN, the committee also result. In matters relating to adultery, finance and religious groups such as the Kazakhs in Darkhan-Uul (UNDRIP). The government set up an expert panel noted a lack of ‘any proactive measures, such as a inheritance, the testimony of one man is equal to or Orkhon must register annually and reportedly face to determine future policies to uphold Ainu rights policy framework to promote their rights’. that of two women. In regard to inheritance, male burdensome bureaucratic requirements, there were and help guide policy. The Hokkaido University heirs are granted twice the share of female heirs. no accounts of any violent repression of religious June 2009 report suggested that the government Maldives Women are prevented from marrying non-Muslim minorities during the year, as confirmed by USCIRF has a long way to go to make up for past injustices, Islam is the state religion of the Maldives. The foreigners, but men are able to do so. 2009. However, government pressure and control which include the seizure of traditional lands, cul- Constitution, ratified in 2008, prohibits citizens of churches reportedly continued in Tuv province tural repression and forced assimilation, including from practising other religions and precludes non- Mongolia near Ulaanbaatar. Such local authority interference a prohibition on use of the Ainu language. More Muslims, including the Christian minority, from Contributed by Marusca Perazzi in religious activities in the area prompted followers than half the survey respondents said they had no voting or holding public office. Non-Muslim for- Acute economic hardship, increasing poverty and of religious groups, like the International Religious experience of preserving aspects of their culture, eigners must practise their religious beliefs in pri- unemployment, pervasive corruption, lack of trans- Liberty Association (IRLA), to urge the government such as their language, song, dance and storytelling. vate, according to USCIRF 2009. The government parency, and policing and security issues remained in September 2009 to implement religious freedoms.

142 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 143 and Indigenous Peoples 2010 and Indigenous Peoples 2010 In spite of widespread leniency towards others’ reli- an Indian national who teaches at a Seoul univer- While 93 per cent of Taiwan’s 23 million people Oceania comprises more than two dozen states gious beliefs, affiliations and customs, discriminatory sity, and his female friend Hahn Ji-seon, who is practise a mixture of Buddhism and Taoism, 4.5 and territories spread across the south-western attitudes persisted, with reports of harassment and Korean. The case prompted politicians to begin per cent are Christian. Indigenous people account Pacific Ocean, all but three of which have less than abuse, albeit that these were more likely to have been drafting legislation that would define discrimination for about one-third of Taiwan’s 300,000 Christians, 1 million inhabitants, and nearly a dozen of which induced by widespread socio-economic frustrations by race and ethnicity, and impose criminal penal- according to a 24 February speech 2009 by Auxiliary have populations of less than 100,000. In the larg- rather than religious differences. ties, the New York Times reported. Bishop John Baptist Tseng King-zi, which was est and third-largest countries, Australia and New Traditional prejudices and rivalries exist between USCRIF 2009 reported that, ‘the government reported by the Union of Catholic Asian News. He Zealand, descendants of British and Irish colonists Kazakhs and Khalka but no specific incidents were generally respected religious freedom in practice’. is Taiwan’s only indigenous bishop. Tseng spoke make up the bulk of the population. In Papua New reported. In northern Mongolia, Muslim Kazakhs, However, more than 400 Jehovah’s Witnesses at an event to mark the release of UN Educational, Guinea, indigenous people form the majority of the Buddhist herders and nomadic Shamanist Tuva remain in prison due to conscientious objection Scientific and Cultural Organization’s (UNESCO) population and the political class, although small continued to maintain good relations. Along with to military service, according to the US State annual Atlas of the World’s Languages in Danger. numbers of ethnic Europeans and Asians are influ- Darkhad and Uriankhai, Tsaatan in Khuvsgul prov- Department. Military service is compulsory for all According to UNESCO, nine indigenous languages ential in political and business circles. ince follow their own unique Shamanistic tradition of South Korean men over the age of 18. are ‘unsafe’, seven are ‘critically endangered’ and one The Melanesian states closest to New Guinea nature worship, considered to be the oldest form of is ‘severely endangered’. Seven indigenous languages have very diverse populations, characterized by religion practised by Mongolian nomads. In addition Taiwan have disappeared from Taiwan over the past 50 years. large numbers of linguistic and cultural groups as to governmental and the community’s own efforts An amendment made in 2000 to Taiwan’s Taiwan’s significant population of migrant work- compared to population size. The Polynesian states to preserve its language, distinctive customs, and Constitution protects and preserves indigenous ers was hit hard by the global economic crisis in of the middle Pacific have more homogeneous cul- religious beliefs and traditions, the Tsaatan commu- languages and cultures. The government officially 2009. Taiwan is an export-driven economy and tures, with the Micronesian states of the north-west nity sought to ensure their culture’s future existence recognizes 14 indigenous tribes, which account for employs migrants in factories that manufacture Pacific being intermediate between the two. Across by initiating sustainable forms of community self- 2.1 per cent of the population, or about 484,000 mostly garments and electronics. When exports fell the small Pacific island states, Asians and Europeans empowerment such as eco-tourism. people. Six of 113 legislative seats are reserved for by more than 40 per cent during the first quarter of form significant minorities in almost every country; indigenous people. While relations between the 2009 compared to 2008, many foreign workers were indigenous peoples are in numerical majority every- Republic of Korea government and indigenous groups are generally laid off, while working hours dipped below full-time where except the Northern Mariana Islands, where Ethnic minorities make up a very small percentage positive, household incomes for indigenous people for others, according to Migration News, which is Asian communities formed 56 per cent of the popu- of South Korea’s 48.7 million people. The largest remain significantly lower than the national average published by the University of California, Davis. lation in the 2000 Census. minority comprises approximately 20,000 people and unemployment rates are higher. The Council of Many foreign workers take out loans to pay brokers Of the smaller states, only Fiji has a significant of Chinese descent who are barred from obtaining Indigenous Peoples works with government minis- who place them in jobs. Once they arrive, they pay non-indigenous population, the descendants of citizenship or becoming civil servants. Since citizen- tries to raise living standards. for company-provided accommodation. As workers indentured Indian labourers brought in by British ship is transferred through parents, some children Taiwan’s indigenous communities are concen- lose employment, some find themselves unable to colonists around the turn of the twentieth century born to ethnic Chinese parents have been rendered trated in mountainous, rural areas in the east. Some pay debts incurred while seeking work in Taiwan, to work in the island’s sugarcane industry. Indo- stateless, according to an 11 March 2009 report by indigenous villages were destroyed by Typhoon Migration News reported. Fijians, who comprise around 37 per cent of the RI. The children do not qualify for Korean citizen- Morakot, which struck Taiwan on 7 August 2009, population, have historically had poor relations with ship, nor can they obtain Chinese citizenship if their bringing record rainfall and mudslides in which the majority Fijian population. The country’s two parents are ‘settled abroad’ (i.e. if they have acquired about 500 people were killed. In the aftermath of coups in 1987 and 2000 were prompted by elec- permanent residency outside China). the storm, mainland China directed some aid specif- tions in which the Indo-Fijian-backed Fiji Labour Foreign workers, who have doubled in number ically towards indigenous communities, a move that Oceania Party came to power, and the government that over the past seven years to 1.2 million, have was possibly symbolic of China’s strategy of curry- emerged from the 2000 crisis also excluded Indo- reported widespread discrimination. In a November ing favour among minorities on one hand, while David Fickling Fijians from positions of influence, in contravention 2009 briefing to the UN, AI reported discrimina- suppressing dissent on the other. The Chinese gov- of the country’s Constitution. In 2006, the com- tion in the workplace against foreign workers who ernment, which considers Taiwan a province and igration was a key issue in Oceania mander of Fiji’s military forces, Frank Bainimarama, are mostly from South Asia. AI cited cases of sexual blocks its attempts at gaining international recogni- throughout 2009. Indian and Chinese overthrew that government with the stated aim abuse, racial slurs and mandatory disclosure of tion as an independent state, set aside 20 million M migrants in Australia and Papua New of ending the discrimination against Indo-Fijians, HIV status, and the group reported that ‘incidents yuan for ethnic minorities, according to a report by Guinea, in particular, were victims of violence. although his own post-coup government has of xenophobia are on the rise’ since the beginning China’s Xinhua state news agency. Chinese officials Australia’s Labor government continued to uphold become increasingly authoritarian. In April 2009, of global economic crisis in 2009. Foreign work- also promised Taiwan’s ethnic minority and indig- many features of the previous government’s the country’s court of appeal ruled the 2006 coup ers have also reported abuse in public. Prosecutors enous groups further assistance in economic devel- draconian refugee policy, although progress was illegal, prompting the sitting government to suspend charged a 31-year-old Korean man with contempt opment, including in the tourism and agricultural made in some areas. Meanwhile, indigenous the Constitution and censor media outlets. The after he made racist and sexist comments on a bus sectors, Xinhua reported. peoples in New Zealand and particularly Australia authorities have promised elections by 2014. during a 10 July incident that was widely reported Taiwan recognizes religious freedom and there continued to suffer disadvantages compared to the In recent years, the Asia-Pacific Forum of in the media. The man insulted Bonogit Hussaine, were no significant violations reported in 2009. majority population. National Human Rights Institutions has been

144 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 145 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: A young member of the Yolngu religion Australian migrant detention centres. The site is also in Ramingining, Northeast Arnhem Land, outside Australia’s migration zone, meaning that Australia, undergoes an initiation ceremony or refugees there are assessed at ministerial discretion dhapi. Polly Hemming. and have minimal rights of appeal. Bilateral ties between Australia and India came appeal in 2008, as a result of doubts about how under pressure following violent attacks on some a lower court had assessed evidence of traditional of Australia’s estimated 100,000 Indian students, owners’ links to the land. The new deal would settle mostly in western Melbourne. Australian officials all claims within two years, Western Australia’s said that most such attacks were random robberies, attorney-general said. but the Federation of Indian Students of Australia Meanwhile, Australia’s 517,000 indigenous claimed that the authorities were downplaying Australians remain far behind the majority popula- evidence of racial motivation. Following extensive tion in a range of measures, including health, life coverage of the issue in Indian media and promised expectancy, educational attainment and employ- boycotts of Australian-based shoots by Bollywood’s ment. Northern Territory students came last in biggest labour union, John Brumby, premier national literacy tests in September 2009, with some of the state of Victoria, visited India to reassure age groups recording a decline on the previous year’s potential students. Australia’s Tourism Forecasting scores. The results reignited a debate over bilingual Committee, an industry group, predicted a 20 per education in remote indigenous schools, which the cent drop in Indian overseas student numbers in Territory government wants to enforce from 2010 2010 as a result of the negative publicity. to enhance English-language literacy. Indigenous Around 60 per cent of Australia’s population groups fear the plans will threaten the survival of belongs to Christian denominations and a further Aboriginal languages; 110 of Australia’s 145 indig- 30 per cent are of no stated religion. Australia’s enous languages are in danger of disappearing and 420,000 Buddhists form the second-largest group, the government committed A$9.3 million during making up 2.1 per cent of the population, according 2009 to preserving them. to the 2006 Census, followed by 340,000 Muslims. The federal government also acted in 2009 to In January 2009, the Queensland Retailers’ abolish some draconian legislation regarding refu- Association called for a ban on people wearing any pressing Pacific countries to establish their own adjusted to comply with the Act from July 2010, gees. A rule barring asylum-seekers from working or clothing that covers the face, including the Muslim human rights bodies, and both Papua New Guinea but Aboriginal groups argue that the most contro- receiving health benefits if they fail to apply within niqab, in shops, but the proposals were not taken and Nauru took steps to set up such groups versial measures will remain in place. 45 days of arriving was lifted, and a law was passed up by the state government. In December, the during 2009. The government also announced that it will to end a policy of charging refugees for their time New South Wales administrative decisions tribunal establish a new representative body for indigenous in immigration detention, which in some cases upheld a complaint of racial vilification against talk Australia Australians to replace the Aboriginal and Torres resulted in bills of hundreds of thousands of dollars. radio broadcaster Alan Jones and ordered him to Progress was made in 2009 towards undoing the Strait Islander Commission, which was abolished However, an increase in boat arrivals of refugees off pay A$10,000 in damages over comments made on damage done by several previous setbacks for indig- by the federal government in 2004 following claims Australia’s north-west coast tested the popularity of air in the run-up to the 2005 Cronulla riots. Using enous rights in Australia. In November, the federal of corruption among its leadership. The body is the Rudd government’s more liberal refugee policy, strongly derogatory language, Jones had said that government introduced a law to reinstate the Racial expected to be functioning by January 2011. The particularly in October 2009, when an Australian persons of Middle Eastern origin had ‘taken over’ Discrimination Act in the Northern Territory. The government also signed the UN Declaration on the coastguard vessel rescued 78 Sri Lankan Tamil the beach in southern Sydney and called for a ‘com- Act had been suspended for the purpose of the 2007 Rights of Indigenous Peoples (UNDRIP) in April refugees in Indonesian waters, sparking a stalemate munity show of force’ against Lebanese Australians National Emergency Response (NER), a military- 2009. The step was particularly significant, given when Indonesia refused to allow it to dock. The visiting it. More than 100 people, from both major- backed intervention in the Territory’s indigenous that Australia had voted against the declaration refugees were eventually allowed to disembark in ity and minority ethnic groups, were charged fol- communities, that was prompted by reports of when it was adopted by the UN General Assembly Indonesia from where they will migrate to several lowing the subsequent riots and retaliatory unrest. widespread sexual abuse against Aboriginal children, in 2007. countries, including Australia. The government’s principally by adult male Aborigines. The NER In Western Australia, the government signed an Human Rights Commission continued to criticize New Zealand involved far-reaching measures, including alcohol initial agreement with the Noongar people over conditions at Australia’s offshore Christmas Island The indigenous Maori make up around 15 per bans, prescribed spending patterns and state control a native title claim covering the city of Perth and centre, saying that its isolation limits detainees’ cent of New Zealand’s population and have of Aboriginal land, prompting an investigation by large parts of the south-west of the state. Court access to legal advice, counselling and health care. traditionally enjoyed better civil rights than many the UN’s Special Rapporteur on indigenous rights, claims over the issue were first lodged 12 years ago, Previous research has highlighted particular prob- other colonized peoples, although they continue James Anaya, in August 2009. The NER will be but were rejected by Australia’s Federal Court on lems of gender insensitivity towards women in to suffer from racism and lower educational,

146 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 147 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: Women sing and pray during a Sunday settlement in the capital Port Moresby were razed church service in the village of Kubut, in the in June 2009, and further demolitions were car- Western Province of Papua New Guinea. The ried out in the suburbs of Four Mile and Hohola majority of local citizens are members of a the following month, the UN Office of the High Christian church; many have combined their Commissioner for Human Rights (OHCHR) Christian faith with traditional indigenous reported. Local media quoted residents claiming practices. Natalie Behring/Panos. that food, goods and money were taken during the raids. Police also demolished squatter settle- whelming majority of the population are Christian, ments around the Porgera gold mine in the New although traditional beliefs remain very strong, and Guinea highlands in April. The facility is owned by reports of religious discrimination are rare. Baha’is Barrick, the world’s largest gold mining company. form the second-largest religious group, with local The company says the squatters were carrying out leaders claiming up to 40,000 followers. There are a illegal mining, but local groups say that most were few thousand Muslims, including increasing num- forced to pan tailings due to degradation of their bers of converts. land. Plans to remove camps around the highlands Unrest overtook more than half a dozen of Papua town of Goroka were also announced in September New Guinea’s major towns in May 2009, after a 2009, although they had not been carried out by dispute between local and Chinese migrant workers year’s end. at a nickel refinery site near the northern town of Sporadic violence between clans continued Madang led tens of thousands of New Guineans to through the year, particularly in Enga and Eastern take to the streets in a wave of anti-Chinese protests Highlands provinces. Such tit-for-tat violence has and riots. Diplomats reported that nine Chinese-run historically been common in the New Guinea high- businesses had been looted, while three rioters were lands, although political rivalries and the relatively shot dead and one trampled to death in the turmoil, recent introduction of guns are thought to have according to The Australian newspaper. Ethnic worsened the situation over the past few decades. Chinese have been present in Papua New Guinea Inter-clan sexual violence is also a common trig- since the nineteenth century, but migrant numbers ger for such feuds, and the UNICEF has reported economic and health outcomes than the majority of discrimination. Attitudes towards ethnic Chinese have grown rapidly over the past decade. They are that Papua New Guinea has one of the world’s population. In November 2009, the cabinet had improved over the previous year, although now estimated to comprise around 20,000 people, highest rates of sexual violence. Traditional prac- in Wellington signalled that it would repeal opinions about ethnic Indians had become more or 0.3 per cent of the population. Some have set up tices that relegate women ‘to the status of chattel’, controversial legislation passed in 2004, ruling that negative, the group reported. Two school-children small goods shops and fast food outlets, which make according to UNICEF, contribute to rape going New Zealand’s foreshore and seabed belonged to in the south island city of Christchurch were sus- them a highly visible presence in New Guinean under-reported. Women are also excluded from the Crown and could not be transferred to Maoris. pended in August 2009, after a racist attack on an towns. Many indigenous New Guineans believe political participation at all levels. In March, the The legislation had been strongly opposed by the Indo-Fijian student who had recently started at the these businesses undercut locally owned rivals and government’s sports minister, Dame Carol Kidu, Maori Party, which forms part of the National-led school. Sixty per cent of people in the survey also claim that their owners have obtained work permits introduced a bill to increase women’s presence in coalition government. The UN Human Rights believed that Pacific Islanders, who make up a fur- fraudulently. Around half a dozen ethnic Chinese national politics by adding three appointed female Council, in May 2009, called on the government ther 7 per cent of the population, suffered discrimi- have been killed over the past decade by indigenous representatives to the 109-member parliament. to find ways of compensating Maoris for the loss nation. The Commission said that the majority of employees alone. The unrest echoed similar violence The measure failed to gain the necessary two-thirds of their traditional lands and pursue a review of the the nearly 6,000 complaints it had dealt with over against Chinese businesses in the neighbouring majority to pass. Dame Carol Kidu is the only Act, as well as to take action to address other aspects the course of the year had related to racial, disability Solomon Islands and in Tonga in 2006. woman in the national parliament. p of disadvantage suffered by Maori. Following and sexual discrimination, but pointed out that Papua New Guinea’s highly diverse population Australia’s signing of the UNDRIP in April 2009, New Zealand has no system of collecting official means that there is no single dominant ethnic or pressure built on New Zealand to do the same. data on racially motivated crime, an issue that has linguistic group, although outside their own com- Maori Party leader Pita Sharples suggested that an previously been raised by the UN. munities indigenous New Guineans can become endorsement was likely, however the government marginalized. A strong tradition of land ownership backed off from that position. Papua New Guinea and widespread poverty means that migrants from A survey in February 2009 by New Zealand’s Papua New Guinea has one of the most heteroge- rural areas frequently end up in squatter settlements Human Rights Commission found that 74 per cent neous populations in the world, with more than on the fringes of large towns. These are popularly of respondents believed Asians, who comprise 7 per 800 languages spoken among its 6.2 million people, regarded as encouraging crime and disease, and are cent of New Zealand’s population, suffer some level according to the World Bank database. The over- regularly bulldozed by police. Parts of the Five Mile

148 Asia and Oceania State of the World’s Minorities State of the World’s Minorities Asia and Oceania 149 and Indigenous Peoples 2010 and Indigenous Peoples 2010 ICELAND

AT L A N T I C FINLAND OCEAN NORWAY SWEDEN RUSSIA

ESTONIA

LATVIA IRELAND UNITED DENMARK KINGDOM LITHUANIA Kaliningrad (Rus.) BELARUS NETHERLANDS GERMANY POLAND BELGIUM LUXEMBOURG CZECH REP. UKRAINE

SLOVAKIA

LIECH. MOLDOVA FRANCE SWITZERLAND AUSTRIA HUNGARY SLOVENIA ROMANIA CROATIA BOSNIA GEORGIA ANDORRA SAN MARINO SERBIA PORTUGAL AND HERZE. BL AC K SEA MONACO MONTENEGRO AZERBAIJAN

Kosovo SPAIN BULGARIA ARMENIA MACEDONIA AZER. ITALY ALBANIA TURKEY GREECE

CYPRUS

MEDITERR A N E A N S E A KatalinHalász Europe he experiences of ethnic, religious and lin- tection of vulnerable groups in the current econom- cover if any might be refugees or victims of traffick- lum and visa policy. The Programme was criticized guistic minorities and migrants in Europe ic climate, so that the response to the crisis leads to ing, pregnant women, unaccompanied children, sick for its restrictive security approach, to the detriment T reveal persistent discrimination, prejudice, more rather than less equality. or injured. Boats carrying the migrants were inter- of the protection of human rights. stereotyping and racism. Xenophobic attacks occur Non-governmental organizations (NGOs) work- cepted at sea, and Italy persuaded Libya to receive Of particular concern is the treatment of child regularly throughout the continent. While there ing on social justice issues and human rights also the passengers following an earlier agreement. Joint migrants and minor asylum-seekers, who are espe- have been fine declarations and well-meaning anti- draw attention to the impact of the economic crisis naval patrols and other returns soon followed. Libya cially vulnerable to human rights abuses, particularly discrimination policies and legislation, considerable on the poorest and most marginalized communi- has no asylum procedure and has not signed the if they are unaccompanied when crossing borders. work remains to be done in confronting widespread ties. In the absence of reliable statistical data on 1951 United Nations (UN) Convention relating In October 2009, Human Rights Watch (HRW) prejudices on the streets and in the mindset and lan- vulnerability caused by the economic recession, to the Status of Refugees. Many migrants are held raised concerns over France’s treatment of the 1,000 guage of mainstream institutions. the International Federation of Red Cross and indefinitely in detention centres where conditions unaccompanied migrant children who arrived in Around one in six people in Europe claims to Red Crescent Societies (IFRCRCS) published in are reported to be poor. Paris by plane in 2008 and were detained in transit have personally felt discriminated against or har- October 2009 testimonies of people from 52 coun- This incident led to an international outcry and zones, where they were denied rights granted to assed, according to a Eurobarometer survey released tries in Europe, Central Asia and the Caucasus, put European migration policies in the spotlight. other migrant children in France. Greece, which has by the European Commission in November 2009. many of them belonging to a minority group. The Hammarberg also highlighted the European trend long been criticized for its migration policies and The results of the survey show that, at 61 per cent, IFRCRCS identified pre-existing vulnerabilities, of criminalizing undocumented migration, stating for conditions in its detention centres, planned to discrimination on ethnic grounds is seen as the most namely poverty, age, membership of a minority or that it raises serious human rights issues. In Italy, grant citizenship to some 200,000 migrant children widespread form of discrimination in the European being a migrant, as the key determinants of adverse for example, the parliament approved legislation but also to send thousands of detainees away. In the Union (EU). More than one-third of Europeans impact. Moreover, the organization expressed fears in 2009 which criminalizes irregular entry, allows UK, a medical report was published which revealed also think that discrimination on the grounds of that the economic downturn may make such vulner- citizens’ patrols to help the police to keep order, the serious physical and mental health problems gender and religion or belief is widespread. abilities more entrenched. and sentences landlords to up to three years in of children who are asylum-seekers and are held in The EU’s Agency for Fundamental Rights (FRA) Commentators warn that it is still too early to prison if they rent to undocumented migrants. British detention centres. published the first ever EU-wide survey on ethnic assess the social, economic and political impact of In April 2009, Jennifer Chary was prosecuted in Member states have introduced a series of new minority and immigrant groups’ experiences of rac- the recession on minorities. However, the Anti- France for aiding and abetting an undocumented measures with the stated aim of better integrat- ist crime and discrimination in 2009. It revealed Defamation League (ADL), a US-based NGO, migrant who was the man she was about to marry. ing their migrant populations. In 2009, the EU a certain resignation on the part of ethnic minori- carried out a survey in seven European countries When they applied for a marriage licence, Chary’s launched its integration portal and platform for ties and immigrants, due to a lack of faith that in February 2009 which found that 31 per cent of partner was deported and she was charged with member states to exchange good practices and views, the authorities would provide effective protection respondents blame Jews in the banking sector for the offence, which carried a penalty of up to five and to act together on integration issues. In reality, against discrimination, harassment and racially the current economic crisis. Populist-nationalist years’ imprisonment plus a steep fine. Ultimately, however, some countries have been strongly criti- motivated violence. Racist crime and discrimina- parties in Europe are spreading anti-Semitic, anti- negative publicity led the prosecutor to drop the cized for introducing integration measures that risk tion may, therefore, be far more widespread than is immigrant and anti-integration messages, blaming case. Such restrictive migration laws and policies being discriminatory and appear intended to control recorded in official statistics. ethnic and religious minorities for the downturn. not only criminalize migration but also run the risk immigration. In 2009 the UK Borders, Citizenship Europeans were also asked how they thought Blaming the Jewish community for the recession of encouraging xenophobic attitudes towards both and Immigration Act of 2009 introduced the con- the recession would impact on funding for equality or playing on sensitive issues such as immigra- migrants and established minorities. Moreover, the cept of ‘earned citizenship’, whereby migrants are and diversity policies in their countries. The 2009 tion, Islam and ‘benefit-breeding’, the radical criminalization of undocumented migrants means encouraged to undertake voluntary service to reduce Eurobarometer figures show that Europeans have right made gains in the European Parliament and that fewer individuals will be willing to bring com- the time it takes to gain citizenship. It also created few illusions about the impact of the crisis, with 49 won seats in Austria, Denmark, Greece, Hungary, plaints against people-smuggling rings, or employers a new category of ‘temporary leave to remain’, with per cent of Europeans believing that, because of it, Italy, the Netherlands, Slovakia, Romania and the who take advantage of the undocumented. restricted access to public services and benefits. policies promoting equality and diversity will be UK. A new Eurosceptic group was formed in the Nevertheless, a harsh tone was maintained at the The Act was criticized, among other things, for not considered less important and receive less funding. European Parliament, the Europe of Freedom and EU level as well. EU member states have for the addressing the detention of asylum-seeking children. Furthermore, more than half of Europeans think Democracy group, under the leadership of the first time asked for the creation of joint flights to In October 2009, Jorge Bustamante, the UN that a possible increase in the levels of discrimina- UK Independence Party (UKIP). A number of deport irregular migrants, financed by Frontex, the Special Rapporteur on the human rights of tion in the labour market on the grounds of ethnic the group’s parties are described by national and European agency in charge of the EU’s borders. migrants, urged states to take a ‘serious and in- origin will follow, while more than 40 per cent state European media as far-right, anti-immigration, And an EU Directive was adopted during 2009 that depth approach’ to tackle racism, xenophobia and that the crisis will contribute to increased levels of xenophobic and, in some cases, racist. penalizes employers of undocumented migrants, fur- related forms of intolerance, which, he noted, discrimination in the labour market on the grounds Anti-migrant messages, such as comments made ther risking the exploitation of migrants already in persist and impact seriously on the lives of millions of gender (43 per cent) and religion or belief (42 by the far-right British National Party (BNP) leader a vulnerable position. The Stockholm Programme of migrants every day. Hate crimes against ethnic per cent). Nick Griffin soon after he entered the European (adopted under the Swedish Presidency of the EU and religious minorities and migrants continue In response, the Council of Europe (CoE) Parliament in 2009, found their parallels in reality. in December 2009) outlines the EU’s vision in the to be a serious problem throughout Europe. The Commissioner for Human Rights, Thomas In May 2009, Italy forcibly returned more than 200 area of freedom, security and justice for the period Organisation for Security and Co-operation in Hammarberg, called on states to ensure better pro- migrants to Libya, without screening them to dis- 2010–14 and covers topics such as migration, asy- Europe (OSCE) Office for Democratic Institutions

152 Europe State of the World’s Minorities State of the World’s Minorities Europe 153 and Indigenous Peoples 2010 and Indigenous Peoples 2010 and Human Rights (ODIHR) launched a report on tutional racism. In Austria, Amnesty International motivation has been recognized as an aggravating ment concerning strengthened fundamental rights the occasion of International Tolerance Day, draw- (AI) accused the police and criminal justice system circumstance in criminal cases since 2004). Once protection lies in the accession of the EU to the ing attention to the numerous instances of intimida- of being guilty of racial profiling, in particular transposed into national laws and implemented, the European Convention for the Protection of Human tion, threats, vandalism, assault, arson and murder that there is a widespread assumption that persons Framework Decision may remedy inconsistencies in Rights and Fundamental Freedoms (ECHR), as committed against minorities in Europe. The CoE belonging to ethnic minorities are perpetrators rath- EU member states’ criminal law provisions on rac- provided for in the Lisbon Treaty. Accession to the Commission against Racism and Intolerance (ECRI) er than victims of crime. In Malmö, Sweden, over ism and xenophobia. ECHR means that, while upholding EU law, the issued a series of country reports examining racism 100 demonstrators marched in protest against police The draft directive prohibiting discrimination on ECJ would be able to apply the ECHR directly. and intolerance. Noting positive developments in racism in March 2009. the grounds of religion or belief, age, disability and Moreover, the EU and its institutions can be made Bulgaria in terms of a strengthened institutional Hate speech is spreading on the streets of Europe sexual orientation outside the employment sphere accountable to the European Court of Human framework against racism and discrimination, ECRI and on the internet. In television adverts, the Czech was presented by the European Commission in Rights (ECtHR) on rights and obligations arising warned that the situation of Roma and asylum- National Party campaigned with the slogan, ‘Final 2008 and was being debated by member states dur- under the Convention. seekers remained worrying, and that the response of solution of the Gypsy question’, evoking the rheto- ing 2009. In April 2009, the European Parliament The new Treaty and the Charter are significant the justice system to allegations of racist or discrimi- ric of the Third Reich. Also in the Czech Republic, backed the proposal and called for multiple dis- from a minority rights standpoint. They establish natory behaviour should be improved. Problems neo-Nazis invited David Duke, former leader of the crimination to be introduced into the text. This is that the rights of persons belonging to minorities with the implementation of existing legislation Ku Klux Klan in the United States, to give lectures not likely to happen, as many member states still should be respected and that the EU should respect prohibiting discrimination against migrants and in Prague and Brno. He was arrested on his arrival face problems with the transposition of the direc- cultural, religious and linguistic diversity. Article 21 asylum-seekers, as well as racist or xenophobic over- in the country in April 2009 on charges of denying tives adopted in 2000: the Race Equality Directive of the Charter widens the list of prohibited grounds tones in political discourse, were noted in Belgium, the Holocaust, a crime punishable by up to three and the Employment Equality Directive. As the of discrimination, which now include, ‘sex, race, Germany, Hungary, Norway and Slovakia. years’ imprisonment in the Czech Republic. European Commission launched infringement colour, ethnic or social origin, genetic features, Protection of national minorities’ languages in In its 2009 country report on Belgium, ECRI proceedings against governments for their failure to language, religion or belief, political or any other Slovakia came under international scrutiny after noted with concern the persistence of racist, anti- take the necessary steps, the Czech Republic could opinion, membership of a national minority, prop- the Slovak government introduced amendments Semitic, Islamophobic and xenophobic discourse have been subjected to high EU fines since it passed erty, birth, disability, age or sexual orientation’. The to the Law on the State Language that was due to on the internet. The Chair of the Danish Nazi the Anti-Discrimination Act only in 2009. enforceable nature of the rights contained in the come into effect on 1 September 2009. The propos- organization, the National Socialist Movement Following the ruling of the European Court Charter means that individuals and NGOs will be als established fines of up to 5,000 euros for using in Denmark (DNSB), uses Facebook, the online of Justice (ECJ) in the Belgian case Centrum voor able to hold European institutions accountable for minority languages in public services if the minority social networking website, to recruit members to his Gelijkheid van Kansen en voor Racismebestrijding v. breaches. There are EU member states which have in question forms less than 20 per cent of the local organization. ‘Some of the newest technologies are Firma Feryn in 2008 – in which the ECJ established yet to ratify the CoE’s Framework Convention for population. The amendments stirred up tensions being used to peddle some of the oldest fears,’ said that a firm that had publicly stated that it would the Protection of National Minorities (FCNM), between the Slovak and Hungarian governments, UN Secretary-General Ban Ki-moon in June 2009, not recruit employees of a certain ethnic origin was namely Belgium, Greece, Luxembourg and France and tens of thousands of the half million ethnic stating that everyone has a role to play in eliminat- in breach of the principle of equal treatment in the (which has not signed); in these countries, the pro- Hungarians living in Slovakia gathered to protest. ing cyber-hate. labour market – the Labour Court of Brussels issued visions of the Charter can help to ensure more effec- Knut Vollebaek, the OSCE High Commissioner Racist violence, whether it is physical violence, a judgment in August 2009 reiterating the same tive minority rights policy and practice. The same on National Minorities, mediated between the vandalism or damage to property, is an every- principle. The Labour Court ordered the abolition holds true for Turkey, via its EU accession process. Hungarian and Slovakian governments to ensure day reality for Europe’s ethnic, religious and of Feryn’s discriminatory recruitment criteria and However, with regard to Poland and the UK, which that, while the Slovak government takes steps to linguistic minorities. The November 2008 EU the publication of the judgment in four widely pub- insisted on opt-out clauses, the Charter will not cre- preserve the state language, the linguistic rights of Framework Decision on Combating Certain Forms lished Belgian newspapers. ate any justiciable rights. national minorities are also respected. Vollebaek and Expressions of Racism and Xenophobia by New approaches for the protection of human issued a statement after the adoption of the law’s Means of Criminal Law requires governments rights in Europe were established by the entry Roma implementation principles on 4 January 2010, stat- to challenge and counter racist crimes through into force of the Treaty of Lisbon on 1 December In the absence of precise data, the European Roma ing that he will closely monitor the implementation an effective transposition and implementation of 2009 and by the appointment of a new EU community is widely estimated to comprise more of the law. the Framework Decision into national law. The Commissioner for Justice, Fundamental Rights and than 10 million people and constitutes the big- Institutional racism remains a major concern. Framework Decision encourages EU member states Citizenship. The Lisbon Treaty establishes a core gest single minority group in the EU. The Roma In the UK, 10 years after the Stephen Lawrence to amend their criminal legislation to punish the set of values of dignity, equality, tolerance, justice community is composed of several groups and sub- inquiry that established evidence of institutional act of assistance in racist or xenophobic activities, and solidarity, which were not explicitly mentioned groups distinguished by language, ethno-cultural racism in the police, an independent review by the and to consider racist or xenophobic motivation as in previous treaties and which the European insti- identity, religion, way of life, history of migration Runnymede Trust, a London-based race equal- an aggravating factor in the determination of penal- tutions have to take into account when formulat- and legal status. These differences impact strongly ity think-tank, concluded that institutional racism ties by the courts. Some countries, like Finland for ing policies and legislation. The Lisbon Treaty on their standing and opportunities in the wider within the police still persists. In Northern Ireland, example, have started to compile data and statis- introduces the European Charter of Fundamental society, but most Roma suffer from the same deep- the family of an Asian man who was killed five years tics on hate crimes, which are not recognized as a Rights into EU primary law as a legally binding rooted discrimination and segregation in the fields ago accused the Public Prosecutors Service of insti- separate category in Finnish law (although racist body of rights and values. A further substantial ele- of education, employment, health care and housing,

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The Swiss case is not a rare or isolated exam- ple of rising Islamophobia and anti-Semitism in Growing Europe. In May 2009, ultra right-wing groups held an ‘anti-Islam’ rally to oppose the building of religious a large new mosque in Cologne, Germany. This was countered by a peaceful demonstration by intolerance in church groups, the Green Party, trade unions and anti-racism organizations. After the authorities Europe in Denmark’s capital city Copenhagen approved the country’s first purpose-built mosque, the extreme-right Danish People’s Party launched an In the second half of 2009, the Swiss country anti-mosque campaign in September 2009. Full- town of Langenthal became the focus of interna- page advertisements claiming that the new mosque tional attention following a campaign, backed by would be funded by the ‘terror regime in Iran’ the ultra-conservative Swiss People’s Party (SVP), were published in several daily papers. to ban all minarets from mosques in Switzerland. In Athens, Greece, the only capital city in On the grounds that minarets symbolize ‘Islamic Europe without a licensed mosque or cemetery power’ and thus represent ideological opposition to serve its Muslim population, a shop used as a to the country’s Constitution, members of two Muslim prayer centre was attacked with firebombs parties initiated a national referendum asking the in May 2009. Five persons were injured. The Swiss electorate whether they wished to add the attack came a day after the police clashed with sentence, ‘The construction of minarets is forbid- more than 1,000 Muslim demonstrators, protest- den’, to Article 72 of the country’s Constitution. ing that a police officer had reportedly desecrated The referendum was held on 29 November 2009; a copy of the Qur’an during an identity check. 57 per cent of those participating backed the A mosque in France was set on fire in the ban, although it may be overturned by the Swiss Rhone region in December 2009, only two weeks Supreme Court or the ECtHR. The ban may be after the desecration of Muslim graves in the put to the test by a mosque construction project military cemetery of Arras. According to a recent that is already pending in Langenthal. survey conducted in France, the Swiss ban has The vote has been condemned by human contributed to rising tensions concerning Islam in rights groups, including Minority Rights Group the country, where 41 per cent of interviewees are International (MRG), warning that the ban vio- opposed to the construction of Muslim places of lates both the right of Muslims in Switzerland worship as opposed to 22 per cent in 2001. to manifest their religion and the prohibition In Belgium, a 2009 survey undertaken by the of discrimination on the grounds of religious Instituut voor Sociaal en Politiek Opinieonderzoek belief, as set out in international human rights (Ispo) at the Leuven Catholic University instruments. The UN High Commissioner for (Katholieke Universiteit Leuven) showed similarly Human Rights, Navi Pillay, spoke out against negative perceptions, with nearly one Flemish per- the Swiss minarets ban in December 2009. son in two having a negative opinion of Muslims Already, in October 2009, the UN Human and Islam: 48 per cent of Flemish people believe Rights Committee expressed concerns about both the values of Islam are a threat to Europe and 37 the referendum initiative and the discriminatory per cent believe that most Muslims do not respect and Islam should be viewed in light of a recently Above: A controversial poster in a Zurich train advertising campaign which accompanied it, European culture and way of life. published Gallup study on the level of integration station calls for a ban on minarets in Switzerland. depicting a burqa-clad woman against a back- These survey results and the apparent nega- and exclusion of Muslim communities in France, The poster was brought out by a right-wing political ground of threatening, missile-like minarets. tive public opinion against Muslim minorities Germany and the UK. France has the largest party. Mark Henley/Panos.

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Muslim population in Europe – approximately 5 France, Sweden and the UK during 2009. In education, and access to goods and services, includ- in all schools of the region. On behalf of the girls, million people (most of whom hold French nation- France, two firebombs, intended for a synagogue in ing housing. The main political issues surrounding a Belgian feminist group (Baas Over Eigen Hoofd ality). The study shows that, like the just over 2 mil- an ethnically mixed north Paris neighbourhood, hit the proposal are, on the one hand, whether the EU – BOEH, Boss of my own head) filed a case against lion Muslims in the UK and approximately 3 mil- the façade and shattered the windows of a nearby enjoys the necessary legal competence to legislate the decision with the Council of State, the highest lion Muslims in Germany, French Muslims identify kosher restaurant on 2 January 2009. in these areas – some governments, like that of administrative court in Belgium in September 2009. with their country and support its values and In a report published in September 2009, the Germany for example, question the EU’s powers Media reported that the Moroccan community was institutions. It also found that patriotism is shared ADL examined a rise in anti-Semitic criticism in to legislate on topics such as education, health care now planning to fund its own schools. Mohamad across religious lines, as the majority of respondents Spain following Israel’s three-week military opera- and social protection in the framework of the new Chakkar, president of the Federation of Moroccan see no contradiction between religious practice and tion in Gaza, including the publication of anti- proposal. On the other hand, there is the balance Associations, said, ‘Research has shown that the identification with their respective countries and Semitic cartoons and articles in mainstream media. to be found between the interests of individuals, as education gap between immigrant and non-immi- their institutions. A survey conducted in Austria, France, Germany, members of a faith community, to have their right grants students in Flanders is the widest in Europe.’ Nonetheless, a new report examining discrimina- Hungary, Poland, Spain and the UK by the ADL to manifest their religion or their right to education He also expressed dismay over the speed with which tion against Muslims in the EU, conducted by the also points to the alarming trend of blaming Jews be respected, and a possible general public interest, the ban had been decided. EU’s FRA, confirms persistent Islamophobia across in the financial industry for the current global eco- or the rights and interests of others. Meanwhile, international organizations and Europe. According to the report, 1 in 3 Muslim nomic crisis. Nearly one-third of respondents blame Human rights NGOs, such as the European NGOs are supporting communities in their efforts respondents were discriminated against and 11 per Jews in the banking sector for the current economic Network Against Racism (ENAR), which advocates to build tolerance, including human rights educa- cent were victims of racially motivated ‘in-person crisis. A similar proportion believe that Jews have for the rights of religious minorities, argue that on tion and other initiatives aimed at changing dis- crime’ (assault, threat or serious harassment) at least ‘too much power’ in business and finance and are the question of balancing religion or belief in the criminatory and exclusionary attitudes. The OSCE once in the previous 12 months. The highest levels not loyal to their country. public sphere and access to education on the grounds created a website called ‘The Tolerance and Non- of discrimination occurred in employment and in In the meantime, the debate on allowing the of religion or belief, the discretion of the member Discrimination Information System’, which pro- private services. Discrimination, harassment and wearing of religious symbols in public areas and on state must be exercised with full respect for all fun- vides a rich source of information on issues relating racist crime remain grossly under-reported, mainly reconciling freedom of thought, conscience, reli- damental human rights and cannot lead to the denial to religious and other forms of intolerance, includ- because of lack of confidence that the police would gion or belief with other fundamental rights such as of the right to education. In this regard, the ECHR ing legislative initiatives, international standards and be able to do anything. freedom of expression, freedom of association and and the case law of the ECtHR provide guidance, detailed country information. FRA Director Morten Kjaerum also highlighted peaceful assembly, respect for private and family life, setting out that everyone has the right to freedom of the growing number of anti-Semitic incidents in a the prohibition of discrimination or the right to edu- thought, conscience and religion or belief in teach- The rise of the far right report that revealed new data on incidents against cation continues in legislatures and in courtrooms. ing, worship, practice and observance. Restrictions Right-wing radicalism and the spread of xenophobic the Jewish community in Europe. He stated that: In November 2009, the ECtHR ruled against the on the wearing of religious clothing and symbols and extremist attitudes towards ethnic, religious display of crucifixes in Italian classrooms, on the should reflect a general approach which is neutral and linguistic minorities is an issue confronting the ‘The Agency’s research shows that during 2007 and grounds that it violated the child’s right to freedom and impartial between all forms of religion or belief, whole of Europe. Contemporary forms of extreme most of 2008, the number of anti-Semitic incidents in of religion and the right of parents to educate their and is compatible with the principles of respect and right-wing ideologies have gained momentum as the EU declined, but that it has been on the rise again children in line with their convictions. The Court the need to foster tolerance and pluralism. part of a backlash against the rapid changes induced since December of 2008 … this rise could partly be concluded that there had been a violation of the right The continuing debate on the question of the by globalization and other cultural and social shifts affected by the situation in the Middle East, as well as to education as contained in Article 2 of Protocol No. place of religion in public life demonstrates the in post-war Europe. Pursuing strategies playing on by the global financial crisis.’ 1 to the ECHR, and a breach of freedom of convic- sensitivity around the issue in an increasingly mul- (and encouraging) growing anxieties in an increas- tion and religion as also protected by the ECHR. The ticultural Europe. Education systems and schools ingly pluralistic Europe, political parties and move- Concerns that Israel’s invasion of the Gaza strip in Court’s decision sparked anger in the largely Catholic are directly concerned with the issue and there is ments have emerged that are propagating racism and December 2008 would spark anti-Semitic violence country and it has since been appealed. no unanimity, not only over the presence and wear- intolerance against the ‘other’. These movements against Jews in a number of European cities, as well Striking a fair balance between different rights in ing of religious symbols in schools but also over have proved adept at hiding behind advocacy of free as other public expressions of anti-Jewish attitudes, a multicultural context is a challenge also faced by the status to be given to teaching about religions, speech and selling claims that supposedly homoge- were expressed by human rights groups. These fears the EU as the proposal for a new anti-discrimina- particularly minority religions, such as Islam or neous majority cultures are in need of protection. were confirmed by a series of violent attacks in a tion directive is debated. The new directive seeks to Judaism. In Antwerp, in the Flemish region of A study undertaken by the private, non-profit number of countries in the aftermath of the inva- outlaw discrimination on the grounds of religion or Belgium, 60 Muslim girls dropped out of school organization, Bertelsmann Stiftung, on the radi- sion: physical assaults on Jews and attacks on syna- belief, disability, age and sexual orientation in the after the decision by a school to introduce a ban on cal right in Europe argues that the face of today’s gogues have been reported in Belgium, Denmark, fields of health care, social protection and benefits, headscarves that rapidly led to a general blanket ban far-right is changing. Instead of an old-fashioned

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‘classical’ biological racism, the new ‘populist’ right seats of the socialist Progressive Alliance of Socialists same time, the Italian radical right-wing Northern in 2001, said that far-right militants are becoming embraces an ideology comprising ethnocentrist and Democrats), the new European Parliament is League achieved a major victory in the wealthiest more sophisticated and, unless politicians challenge nationalism with an element of religion-based exclu- much more fragmented, with new anti-EU groups, parts of the country, such as the Veneto and north- their message head on, a repeat of those incidents sionism. Aiming to establish themselves in main- such as the European Conservatives and Reformists ern Lombardy. The Northern League promotes a could be provoked. Groups like the anti-Islamist stream political arenas at the national and European Group and the hard-right Europe of Freedom and hard-line and xenophobic immigration policy. In English Defence League and the Aryan Martyrs’ levels, ultra right-wing populist parties justify their Democracy group, made up of anti-immigration this political climate, it is not surprising that the Brigade made headlines when issuing threats, anti-immigration, anti-Semitic and Islamophobic and xenophobic parties, such as the Italian Lega Italian parliament has passed the toughest immigra- including a death warrant sent by the latter to the rhetoric not by arguing openly for the superiority Nord (Northern League), the Danish People’s tion law in Europe and also discussed introducing a secretary of Unite Against Fascism, ‘for crimes of the white race but by stoking fears that ethnic Party, the True Finns Party, the Mouvement pour ban on the burqa. A bill was introduced in October against all loyal white patriots and British national- minorities, immigrants, Muslims, homosexuals and la France and UKIP. In October 2009, Hungary’s 2009 but not debated by the parliament before the ists’. Politicians too have expressed concerns after others are a threat to the integrity of the national Jobbik and the BNP cobbled together a further end of 2009. the Stop Islamization of Europe group confronted community and will destroy the achievements of ultra-right pan-European grouping, called the Far-right parties in other parts of Europe also around 1,000 opponents outside a mosque in north modern societies. The economic crisis has boosted Alliance of European Nationalist Movements – have parliamentary ambitions. According to a new London. The Communities Secretary said that the popularity of populist nationalist organizations including France’s Front National, Italy’s Fiamma opinion poll, an increasing number of Swedes extremists are using tactics that echo those of the that feed the resentment towards minorities, blaming Tricolore, Sweden’s National Democrats and would help the xenophobic Sweden Democrats to 1930s British fascists. them for economic and social problems reinforced by Belgium’s Walloon extremists, also called the Front win their first-ever seat in the Swedish parliament, In a move to increase pressure on right-wing radi- the recession. Openly racist and militant right-wing National – but failed to get public funding. the Riksdag. calism, the German Interior Minister banned a far- extremists are still present, of course. But the shift in The gains made by right-wing populists in the Hungary’s radical nationalist party, Jobbik right youth organization, the Heimattreue Deutsche argument and style from the classical racist discourse European Parliament signal a dangerous develop- (Jobbik Magyarorszagert Mozgalom – Movement Jugend (Patriotic German Youth), for disseminating proved successful in the 2009 European elections, ment. By adapting their rhetoric to bypass national for a Better Hungary) has already gained suffi- its Nazi propaganda to young people. The organi- which indicated substantial support for far-right bans on ultra-right views (and the Charter of cient support to cross the 5 per cent threshold for zation was said to have close links to the National populist parties in many EU member states. European Parties for a Non-Racist Society, signed representation in parliament. Jobbik blames Jews Democratic Party (NDP), Germany’s main far-right Despite declines in some member states, such as by the European Parliament in 2001), they have and Roma for the social and economic problems nationalist party, which also supports the annual Belgium, France and Poland, far-right parties gained gained considerable support in many countries. facing Hungary post-transition and post-EU acces- neo-Nazi ‘mourning march’ on 14 February in European Parliament seats in a number of coun- Footholds in the European Parliament and at the sion. It has also coined the term ‘Gypsy crime’ to Dresden. On this day, right-wing extremists from tries. In Austria, the Freedom Party (FPO) won two national parliamentary level allow these populist denote certain types of crime supposedly committed all over Europe gather to commemorate the fire- seats, the Dutch anti-Islam and anti-immigration right-wing parties to shift formerly far-right ideas exclusively by Roma. More worrying was Jobbik’s bombing of the city by the Allied forces during Freedom Party of Geert Wilders (PVV) sent four rep- (on immigration, for example) into the main- cooperation agreement with TMRSZ, a police trade the Second World War. The organization United resentatives to the European Parliament, and Italy’s stream. In Austria and the Czech Republic, racism union, although this has since attracted criticism Against Racism and the local platform Geh Denken Northern League has more than doubled its represen- watchdogs and political analysts have pointed to from, among others, the Hungarian prosecutors’ called for international support to end acceptance tation from four to nine members of the European an increase in crime related to extremism, which office. The authorities have also attempted to crack of this annual neo-Nazi demonstration; 10,000 sup- Parliament. Two other right-wing parties (the they believe is connected to the growing number down on the banned Hungarian Guard (Magyar porters protested against the march. Alleanza Nationale, formerly led by Gianfranco Fini, of supporters of far-right movements. They warn Garda), a pool of volunteer militia created by Jobbik While anti-immigrant, xenophobic and nation- and Alessandra Mussolini’s Social Action) merged that mainstream political parties must change their which draws on Nazi-style symbols. Nevertheless, alist extreme right parties and movements are with Italian Prime Minister Silvio Berlusconi’s People approach. Sonya Ferker from the ZARA anti-racism approximately 15 per cent of Hungarians voted establishing themselves in Europe, minorities are of Freedom Party and are now represented in the big- organization in Austria, warned that political debate for Jobbik in the European Parliament elections in still under-represented in politics, government and gest European-level centre-right party, the European on immigration, ‘is entrenching polarization and 2009, and a survey last year concerning attitudes public life. In the last weeks of 2009, an ongoing People’s Party (EPP). With no seats in the previous producing an “us and them” view on immigration’. towards extremist movements showed 10 per cent discussion in Bulgaria on broadcasting Turkish news European Parliament, the BNP and the Hungarian Illustrative of the efforts of far-right parties to public support for the Hungarian Guard. on the state television channel led Prime Minister far-right Jobbik made significant breakthroughs move into the mainstream is the merger in Italy in The announcement by Jobbik that it was setting Boyko Borisov, the leader of the centre-right party winning two and three seats respectively. Denmark, 2009 of the National Alliance (Alleanza Nationale) up a London branch, the British Jobbik Society, GERB, to announce the party’s support for a Greece, Romania and Slovakia also sent far-right rep- and Social Action with Prime Minister Silvio in order to strengthen links with the BNP, stoked national referendum on the issue. The suggestion resentatives to the European Parliament. Berlusconi’s People of Freedom Party. On 7 June fears about the reach of the far right into the UK. was initiated by the nationalist party ATAKA (The In addition to a centre-right majority (the centre- 2009, when (as in most countries) the European, An expert on community relations, who led the gov- Attack). There are approximately 800,000 Turks in right EPP won 264 seats as opposed to the 184 council and provincial elections were held at the ernment review into the country’s worst race riots Bulgaria, and state television has been broadcasting

160 Europe State of the World’s Minorities State of the World’s Minorities Europe 161 and Indigenous Peoples 2010 and Indigenous Peoples 2010 and access to goods and services. They face growing Roma EU citizens who exercise their right to free formally inaugurated in April 2009. The Platform anti-Roma attitudes across Europe. movement and settle in another EU member state held its second meeting, dedicated to education, in The different legal statuses of Roma minority in search of better living conditions continue to September 2009. The EU Roma Policy Coalition, 10 minutes’ news in Turkish every evening since groups add to their ambiguous place in the broader experience racism, discrimination and exclusion. which was set up by human rights NGOs to advo- the 1990s. national communities, as it differs both within and Barriers remain to their enjoyment of key civil, cate for Roma rights and inclusion at the EU level, At the end of 2009, the Constitutional Court between countries. Depending on the period of political, economic and social rights, including the was highly critical of the mandate and structure of in Turkey banned the pro-Kurdish Democratic migration of the groups, and on the level of official right to vote in local and European elections, and the Platform, expressing concern over the lack of Society Party (DTP) and 37 of its members recognition of them as a national or ethnic minor- access to social protection, health care and public key targets and a coherent structure for the process from politics for five years. In its decision, the ity, some long-established communities are citizens housing. For example, the Finnish capital Helsinki itself, which would be necessary to achieve a strate- Court’s eleven members agreed unanimously of the country where they live and are entitled to refused to offer housing or health services to Roma gic EU approach to Roma issues. that the DTP had links to terrorist activities. rights granted to recognized minorities. However, from Romania, stating that social problems should The 2008 Roma Summit clearly identified the Many national and international human rights in others, such as Denmark, Roma are not recog- have been solved in their home country. EU member states and their governments as the organizations and regional institutions, such as nized as a minority group. Newly arrived groups are In Italy, 11 months after the government adopted main actors responsible for improving the situation CoE and the EU, criticized the decision, as the sometimes considered refugees or asylum-seekers, or its ‘declaration of the state of emergency with regard of Roma in the EU. It remains to be seen whether party had not only been a channel for Kurdish even illegal immigrants. A large number of Roma to settlements of nomad communities’ in 2008, the Spanish Presidency of the EU will be able to voices but also promoted gender equality and are nationals of the countries that joined the EU the authorities engaged in coercive documenta- achieve real progress upon the occasion of the constitutional rights. Besides, the decision could in 2004 and 2007, and, as such, are entitled to the tion of Roma and Sinti in numerous camps, taking Second EU Roma Summit, which will be held on 8 run the risk of harming the peace process in right of free movement, but, due to restrictions that photographs of them and fingerprinting them, and April 2010, International Roma Day. While Turkey as it coincided with a new ‘Kurdish some countries, such as the UK, introduced for using the information gathered to deport those who social policy belongs to the exclusive competence Initiative Programme’. Romanian and Bulgarian nationals, lack full resi- could not prove their right to live in Italy. Human of the EU member states, and thus does not In Italy, the first black mayor in the country dence and employment rights. rights groups urged the European Commission to fall within the scope of EU harmonization, key is a member of the anti-immigration Northern Being a minority everywhere and widely dispersed start infringement proceedings addressing Italy’s international organizations and NGOs are keen to League party. Sandy Cane, an Italian-American across Europe and beyond it, but lacking a kin state, violation of the fundamental rights of Roma and see the EU assume a stronger role in promoting became the mayor of Viggiu, a town of 5,000 the Roma population occupies a peculiar position, Sinti enshrined in the EU Race Equality Directive Roma participation and consultation in decision- near Milan. The UK’s Independent newspaper characterized by political and social marginaliza- and the EU Data Protection Directive. By the time making processes. quoted Cane, who voted for US President tion. The Roma are not recognized as a national or of writing, no official response had been received Referring to the FCNM as representing ‘an Barack Obama in the United States and sees ethnic minority in many countries and are thus at a to the letter sent to European Commissioner for emerging international consensus’ on protecting no contradiction in a black woman running for disadvantage compared to other historical national Justice, Freedom and Security Jacques Barrot and minorities, the ECtHR reinforced the principle of an anti-immigrant party, saying, ‘To tolerate minorities, whose minority rights are protected by European Commissioner for Employment, Social non-discrimination in its decision in the case of illegal immigration above all harms those who domestic legislation as well as international trea- Affairs and Equal Opportunity Vladimir Spidla. Munoz Diaz vs. Spain. The case involved a woman enter our country with the desire to work and ties and conventions. The lack of authorized legal The FRA report identified a tendency towards, of Roma origin whose marriage was not integrate themselves and to have a normal life.’ status is a fundamental issue, as it strongly impacts ‘a more general “Roma response” covering Roma recognized by the Spanish authorities as it had Italian human rights activists just nodded in on possibilities to participate in public and politi- nationals, Roma citizens of other EU countries and been held according to Roma rites. The court resignation as this statement was in line with so cal life as well as accessing social and economic Roma third country nationals’. Such a policy, which underscored that, ‘cultural diversity is of value to much else that is xenophobic. There were media rights. Acknowledging the importance of this issue, categorizes all Roma together regardless of their legal the whole community’. reports in January 2009 that the kebab had the European Parliament, in its 2005 Resolution status, risks undermining their citizenship rights, ‘Neglect is not an option’, said the OSCE become the new target of a Northern League on the Situation of the Roma in the European infringing their enjoyment of human rights, and Contact Point for Roma and Sinti Issues at a United campaign against ‘ethnic food’ in northern Union, called on EU institutions, member states putting Roma communities in a vulnerable posi- States Helsinki Commission meeting in June 2009, Italy. The drive to make Italians eat Italian and candidate countries to consider recognizing tion. The FRA report recommends that the EU and warning that if governments do not take urgent actually led to a ban on the opening of any new the Roma as a European minority. In 2009, the its member states adopt targeted policies based on steps, tensions between majority populations and kebab and ethnic food outlets. The campaign CoE Commissioner for Human Rights Thomas ‘integrated rights- and equality-based standards pro- Roma communities will increase, with the risk of was labelled ‘gastronomic racism’ by the opposi- Hammarberg also called on states to ‘employ all moting social cohesion and delivering the promise further violence targeted at Sinti and Roma. tion and by leading chefs. Media noted some possible means to end the statelessness of Roma and of civis Europaeus sum’. Hammarberg also urged European governments confusion over what actually counts as ‘ethnic’ provide them with a nationality’. Following the first European Roma Summit in to adopt more effective and inclusive policies for the cooking, given that Sicilian cuisine is influenced The situation of Roma EU citizens migrating to 2008, the EU Council adopted a set of ‘Common Roma, stating that ‘Anti-Gypsyism continues to be by Arab cuisine. If it used French flavours, it and settling in other EU member states was also Basic Principles for Roma Integration’ in June a major human rights problem in Europe.’ would presumably survive the Italian ‘culinary a key theme addressed at an international confer- 2009, aiming at promoting the full inclusion of In fact, 2009 was marked by a sickening spiral of ethnic cleansing’. p ence organized jointly by the FRA, the Council of Roma, and making use of a policy-coordination violence against Roma across Europe. The abuse of Europe and the OSCE in November 2009. The and best practice-sharing mechanism, the Integrated six Roma boys, aged between 10 and 16 years, by FRA presented a report which detailed how many European Platform on Roma Inclusion, which was police officers in the Slovakian town of Kosice on

162 Europe State of the World’s Minorities State of the World’s Minorities Europe 163 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Below: Roma girls from Sajókaza. Sándor Naske. performed to earn a living. He also referred to and killings. Far-right groups have denied any links thorized sites, near Wickford in Essex, have also lost Roma as being, ‘a collectivist, almost tribal-level to the attacks, but emphasize the need to fight their latest battle against eviction. 21 March 2009, provoked an international outcry. social group’. A group of Hungarian human rights ‘Gypsy crime’. During 2009, the far-right Magyar In Slovakia, a wall is being built between a Roma The European Roma Rights Centre (ERRC) and AI defenders (the Hungarian Helsinki Committee, Garda (Hungarian Guard), set up by the anti-Roma settlement and the rest of the village of Ostrovany called on the government of Slovakia to ensure that the Legal Defence Bureau for National and Ethnic and nationalist Jobbik party, staged several public with the agreement of the local authorities, who an unbiased investigation is conducted and that the Minorities, the Chance for Children Foundation, events in towns and villages with large Roma com- turned a deaf ear to the claims of the Roma inhabit- perpetrators are brought to justice. The boys were the Roma Civil Rights Foundation) and the ERRC munities, who started to form self-defence groups. ants of the village who say that the wall will turn forced to hit and kiss each other and strip naked denounced these statements as irreconcilable with In the town of Sajobabony, local Roma clashed with their settlement into a zoo. while being filmed by the officers. It has also been the prohibition of discrimination as defined by the supporters of Jobbik and Magyar Garda after one It hardly comes as a surprise that in the EU alleged that the police set dogs loose on the boys Constitution. such event. Minorities and Discrimination Survey conducted and that two boys were bitten. In Hungary, anti-Roma sentiment and violence Multiple grounds of discrimination confronted by the FRA, the Roma reported the highest overall The Kosice incident is just one of a string of escalated, taking eight lives and leaving dozens by Roma women continue to be a cause of grave levels of being discriminated against of the groups attacks against the Roma community. The violence injured in a period of 18 months, between January concern. According to a letter sent to Hammarberg surveyed. According to the report, 1 in 5 Roma is reinforced by openly racist public discourse that 2008 and June 2009. In one of the attacks, a Roma by a coalition of human rights organizations in were victims of racially motivated personal crime scapegoats Roma, not only by extremist right-wing man and his 5-year-old son were shot dead as they February 2009, forced sterilization continues in (including assaults, threats and serious harassment) parties and movements, but also sometimes by were trying to escape from their house, which was the Czech Republic, Hungary and Slovakia, with and every second Roma respondent was discrimi- mainstream politicians and public figures. On 2 set on fire by Molotov cocktails moments before. cases reported as recently as last year. This was nated against at least once during the 12-month April 2009, Máté Szabó, Hungarian Parliamentary After a Roma woman was shot dead and her daugh- confirmed by the ECtHR, which ruled on 28 April period surveyed. Commissioner for Civil Rights, stated in an inter- ter seriously injured at the beginning of August 2009 that Slovakia had violated the rights of eight view with an online news portal that ‘criminality 2009, the police asserted that the incident was Roma women by denying them full access to their Cyprus categorized on an ethnic basis’ – so-called ‘Gypsy related to a series of attacks targeting the Roma; medical records, which they had sought in order The Constitution of Cyprus, which was drawn up crime’ – exists, and identified it as a type of crime four suspects were later charged with the assaults to prove that they had been forcibly sterilized after in 1960 after the country gained independence for giving birth. the first time in its history, divided the Cypriot The Czech government announced that it regret- population into two communities and cemented ted the forced sterilization of Roma women in the a rigorous bi-communalism between the Greek past. Rights activists are now hoping that Slovakia and Turkish populations on the island. Greek and will follow suit. From the 1970s until 1990, the Turkish were designated as official languages, but Czechoslovak government systematically sterilized after the 1974 division of the country, bi-lingualism Roma women in order to reduce the birth rate of in practice ended. Members of the Turkish Cypriot Roma. The Czech government decided that a series community who stayed in the government-control- of measures would be undertaken by the end of led area have not been able to exercise their language 2009 to ensure that such violations do not occur rights fully as provided in the Constitution. At in the future. In Hungary, the Ministry of Social the time of independence, members of the island’s Affairs and Labour issued a statement promising recognized three religious minorities, the Armenian financial compensation to a Roma woman for steri- Orthodox, Maronite Catholics and Roman lization undertaken against her will. Catholics (Latin), had to opt to join one of the two Substandard Roma and Traveller housing remains communities for voting purposes and all three chose a major concern across Europe. According to a to belong to the Greek Cypriot community. report issued by the FRA, the overall housing situ- These three minority groups were designated ation of many Roma and Travellers in the EU as national minorities under the FCNM, which is dire. Many live in barely habitable dwellings, entered into force in 1998. In its third periodic without basic infrastructure and with poor access to report on the application of the FCNM submitted mainstream institutions. Evictions and demolitions in April 2009, Cyprus reflected on the Advisory of Roma settlements are common across the EU. Committee’s opinion regarding the obligation In Burgas, a Bulgarian Black Sea town, 200 Roma of affiliation to either the Greek or the Turkish families protested against the planned demolition Cypriot community imposed on national minori- of their houses, built without planning permission. ties. It stated that any changes would require con- They created a human chain surrounding their stitutional amendment, which ‘would be politically houses but were finally left homeless. Gypsies and incorrect, if not practically impossible’ in the sensi- Travellers living on one of the UK’s largest unau- tive political climate of the country.

164 Europe State of the World’s Minorities State of the World’s Minorities Europe 165 and Indigenous Peoples 2010 and Indigenous Peoples 2010 in the Constitution as ‘Others’ – are denied the The ruling is expected to have huge ramifica- include the wearing of religious symbols. Cases Religious right to stand for election to those bodies. This tions in Bosnia and Herzegovina and beyond. If include Moscow Branch of the Salvation Army v. includes national minorities who have lived in correctly implemented (and at the time of writing, Russia (Application No. 72881/01, judgment minorities Bosnia and Herzegovina for centuries. In the words draft amendments to Bosnia’s Constitution and elec- dated 5 October 2006) and Leyla Sahin v. Turkey of Jakob Finci, ‘We are simply deprived of the right tion law were being considered by the Parliamentary (Application No. 44774/98, judgment dated 10 to take part in elections, we are unable to exercise Assembly, in order to bring these provisions in line November 2005). However, there are certain and the our … right, the right to be elected.’ with the ECHR in time for elections in October circumstances in which the state can place restrictions Further, although the case did not specifically 2010), it will assist in breaking down ethnic and on people who wish to wear such symbols. European address this issue, it is not only minorities through- religious divisions in the country, by encouraging Article 9 provides that such limits must be pre- out Bosnia who are disenfranchised as a result of political participation and representation, and pro- scribed by law, necessary in a democratic society Court of these arrangements. The House of Peoples has moting social cohesion. In addition, the decision – to protect public interests, including the rights 15 members distributed equally among the three offers important protection for religious and ethnic and freedoms of others – and proportionate. In the Human Rights ‘Constituent Peoples’: five Bosniaks (Bosniaks are minorities who lack electoral rights in other ECHR absence of a common approach to religious diversity recognized as Muslims and the term is distinct states, in providing a legally binding judgment that in Europe, the ECtHR gives states a broad ‘margin from ‘Bosnians’, which denotes citizens of Bosnia can be relied upon against their own governments. of appreciation’ in determining what restrictions Lucy Claridge discusses ground-breaking legal and Herzegovina irrespective of their ethnic origin/ The case is also highly significant on an international are in the public interest. In other words, it gives cases from 2009 and their implications for religion), five Croats from the Federation of Bosnia level, as it is the first time that the ECtHR has con- governments a wide and perhaps dangerous discre- religious minorities in Europe. and Herzegovina, and five Serbs from the Republika sidered how Protocol 12 of the ECHR should be tion to decide the relationship between the role of Srpska. Serbs in the Federation of Bosnia and applied to potentially discriminatory situations. As the state and the role of religion, and also what is Herzegovina (BiH) and Bosniaks and Croats in the Jakob Finci recognizes, ‘The most important thing is appropriate in each domestic context. In this way, Discrimination against minorities and Republika Srpska are therefore also excluded from that we can now ensure that all citizens … will enjoy states can justify bans on wearing religious symbols political participation standing for office. equal rights.’ in public, and still comply with Article 9 of the In a ground-breaking recent case before the Bypassing usual procedure, the case was referred ECHR. European Court of Human Rights (ECtHR), a directly to the Grand Chamber of the ECtHR and Minorities, religious freedom and the wearing of In November 2009, the ECtHR issued a conten- Bosnian Jew and an ethnic Roma successfully chal- judgment was delivered on 22 December 2009. religious symbols tious ruling, in which it declared that the display of lenged discriminatory provisions within Bosnia’s The Court found Bosnia and Herzegovina to be Accommodating religious diversity within states is crucifixes in Italian classrooms violated Article 9 of Constitution and electoral laws which deny their in breach of Protocol 12 of the ECHR, which an issue of much controversy within Europe and the ECtHR and also Article 2 of Protocol No. 1, right to public participation. The case is the first provides for the right to equal treatment and non- beyond. In fact, Europe has not reached agreement which protects the right to education, on the grounds time that the ECtHR has looked at how to apply discrimination, in failing to allow its citizens who on how states should reconcile freedom of thought, that it is contrary to a parent’s right to ensure her relatively recently enacted anti-discrimination pro- are not ‘Constituent Peoples’ to stand for election conscience, religion or belief with the rights to child’s education and teaching in conformity with visions of the European Convention on Human to the presidency. The Court also found a violation freedom of expression, freedom of association, her religious and philosophical convictions (Lautsi v. Rights (ECHR). of Article 14 of the ECHR, which provides for respect for private and family life, the prohibition Italy, Application No. 30814/06; judgment dated 3 Jakob Finci, a prominent Jew, and Dervo Sejdić, freedom from discrimination, taken in conjunction of discrimination and the right to education. It is November 2009). of Roma ethnicity, argued that the country’s with Article 3 of Protocol No. 1, which protects therefore not surprising that the extent to which Soile Lautsi, a parent and citizen of both Finland Constitution and election law are discriminatory free elections to the legislature, as a result of the governments can determine and indeed control the and Italy, had claimed that Italy’s administrative in preventing them from running for or being ineligibility of ‘Others’ – including national and wearing of religious symbols and clothing in public law requiring the compulsory display of the crucifix elected to the presidency or upper house of the religious minorities – to stand for election to the areas, for example a headscarf, turban or crucifix, in every state school classroom violated the right of parliament. In particular, the applicants argued House of Peoples. has been continuously tested and challenged both parents to ensure their children’s education in con- that this discrimination was based solely on the Of particular importance is the judgment’s con- in domestic courts and in the ECtHR. This issue formity with their own religious and philosophical grounds of their race/ethnicity and, in the case of firmation that racial and religious discrimination can has received most attention in the context of public convictions. Finci, his religion. MRG represented and advised rarely, if ever, be justified. Referring to previous case educational institutions, where there is a perceived In reaching its decision, the Court held that Finci throughout. law, the Court stated that ‘racial discrimination is a need to avoid schools becoming places of religious the right to education under Article 2 of Protocol Bosnia’s Constitution and electoral law state that particularly egregious kind of discrimination’, which indoctrination rather than of education, as discussed 1 is aimed at safeguarding pluralism and social only members of the ‘Constituent Peoples’ – ethnic ‘requires … special vigilance and a vigorous reaction’ in two key cases below. inclusion in a state’s educational system. The Serbs, Croats and Bosniaks – are eligible to stand and which is not ‘capable of being objectively justi- According to Article 9 of the ECHR, everyone right also protects respect for the religious and for election to the three-member presidency of the fied in a contemporary democratic society built on has the right to manifest their religion or belief in philosophical convictions of parents. The state House of Peoples of the Parliamentary Assembly. the principles of pluralism and respect for different teaching, worship, practice and observance. This must therefore avoid, even indirectly, imposing Those who are not ‘Constituent Peoples’ – defined cultures’. has generally been interpreted by the ECtHR to beliefs on children. The presence of the crucifix

166 Europe State of the World’s Minorities State of the World’s Minorities Europe 167 and Indigenous Peoples 2010 and Indigenous Peoples 2010 could easily be interpreted by pupils of all A long-standing country of emigration, Cyprus backed up by any statistical evidence regarding a sup- of employment and education, including efforts to ages as a religious sign, and they would feel has experienced a rapid transformation into a host posed growth of criminal activity among migrants. promote and foster the linguistic abilities of chil- that they were being educated in a school country for immigrants. This is due to a number dren. However, ECRI also expressed concerns over environment bearing the stamp of a given of factors, including the easing of restrictions on Germany some aspects of the AGG, in particular regarding religion. It concluded that, where the state has crossing the Green Line dividing the northern and ‘Much has been achieved in the fight against racism housing. The report confirms human rights groups’ an established religion, it has a special duty southern parts of the country, as well as accession in Germany over the past few years. Yet much still concerns about the limited knowledge of potential to protect the religious freedom of others, to the EU in 2004. KISA and the 2009 European needs to be done,’ concluded Githu Muigai, the victims about their rights under the AGG, and particularly those in a religious minority. Social Watch Report on Migrants point out that UN Special Rapporteur on contemporary forms of emphasizes that the Act’s effectiveness is hampered The judgment has sparked much debate, with migration to Cyprus is widely viewed as a temporary racism, racial discrimination, xenophobia and relat- by the two-month time-limit for initiating a com- widespread condemnation from both Italian phenomenon – that the country is seen as a tran- ed intolerance during his 10-day visit to the country plaint. According to the report, the latter issue is politicians and the Vatican, who declared, ‘It sit stop for most third-country nationals on their in July 2009. In a statement issued in Berlin, the compounded by the limited role afforded to NGOs seems as if the court wanted to ignore the role journeys towards other European countries. Hence, UN Special Rapporteur emphasized that Germany under the law. According to the ECRI 2009 report, of Christianity in forming Europe’s identity, migration policies tend to put less emphasis on needs to broaden its concept of racism from one the Federal Anti-Discrimination Agency, with its which was and remains essential.’ At the time of integrating the growing migrant population, many associated only with right-wing extremists to one small staff and annual budget, appears to have rela- writing, a request to refer the case to the Grand of whom have settled in Cyprus. Migrants can only that also encompasses the discrimination and harass- tively few resources to carry out its statutory tasks. Chamber, the Court’s highest chamber, is yet to stay if they are enrolled in higher education or are ment occurring in everyday life, particularly towards Germany’s repatriation policies for members of be decided. p working. This leaves many migrants vulnerable to migrants. Thus, Germany has to step up its efforts Roma, Ashkalia and Egyptian (RAE) minority com- exploitative working conditions. to integrate its migrant population. munities to Kosovo prompted CoE Commissioner The Migrant Cities study by PRIO Cyprus (the The gap in the educational achievements of for Human Rights Thomas Hammarberg and the International Peace Research Institution) shows migrant pupils and of native Germans remains UN High Commissioner for Refugees (UNHCR), In September 2009, the Committee of Ministers Cypriot society reacting to the presence of migrants significant and is steadily increasing. Poverty, other as well as minority rights organizations such as of the CoE adopted a series of recommendations with both incidents of racism and xenophobia, and socio-economic hurdles, plus a migrant background MRG and the Kosovo-based Roma and Ashkalia regarding the application of the European Charter a wider lack of interest, ‘a small, extreme, racist reduce the educational opportunities of migrant Documentation Centre (RAD), to investigate the for Regional or Minority Languages, which Cyprus minority … is opposed to the presence of migrants children, and differences remain in place even state of minorities forcibly returned to Kosovo ratified in 2002. Under the Charter, Armenian … [but] the majority simply does not care about between children of the same general socio-eco- from Germany. Among the countries that have and Cypriot Maronite Arabic are acknowledged the experience, conditions, problems, or joys of nomic background. At the same time, young people readmission agreements with Kosovo concerning as minority languages. After reviewing the state of migrants in Cyprus and this perpetuates a situa- with a migrant background have considerably fewer the forced repatriation of members of the RAE minority languages in 2009 the CoE recommended tion of “living apart” and not “together”,’ said Olga chances to enter further education and vocational communities to their country of origin (includ- the development of a structured policy for the pro- Demetriou, a project leader at PRIO Cyprus at the and professional training than their German coun- ing Austria, Sweden and Switzerland) Germany, motion of Armenian and Cypriot Maronite Arabic, launch of the report in 2009. terparts. This trend is confirmed by the 2009 with the majority of RAE refugees living in the including targeted financial support and teacher A police sweep operation carried out in September country report of the CoE’s ECRI, which also notes country, is the biggest sender. From 1999 until the training initiatives. Some members of the Roma 2009 in search of illegal immigrants and those respon- that some teachers reportedly display discrimina- end of August 2009, there were 92,240 voluntary community speak a mix of Turkish and Kurbetcha, sible for a violent clash between worshippers at the tory attitudes in the classroom, in particular towards returns and 21,852 forcible returns. The UNHCR which is not acknowledged as a regional or minority Omeriye mosque a month earlier led to a further Turkish and Muslim children. confirmed in a report in November 2009 that the language, however. And the CoE notes that Turkish deterioration of the relationship between Cypriots In 2008, the first court decisions within the con- situation of minority communities in Kosovo is is in a very similar situation in government-con- and the migrant population. The police were heavily text of the General Equal Treatment Act (AGG) precarious, and that ‘respect for minority rights trolled areas, despite its status as being one of the criticized by members of ENAR-Cyprus and KISA for were taken. The AGG came into force on 18 August continues be the most significant human rights official languages of the country the raids in the old town of Nicosia, which started at 2006; it implements the EU’s equal treatment direc- issue in Kosovo in the post-independence era’. The strict bi-communal institutional structure has 5 a.m. and involved 247 police officers. According to tives and extends protection against discrimination The social, political and economic exclusion of been criticized by human rights groups advocating the Cyprus Mail, the police alleged that the operation, on the grounds of race or ethnic origin, gender, Kosovo’s minorities is a remaining issue, and after for the rights of minorities and migrants living on the involving the blockage of six exit points from the old religion or belief, disability, age or sexual orientation attacks on Roma by Kosovo Albanians in September island, such as the Nicosia-based KISA – Action for town and house searches, was intended to ‘prevent to public employment and a number of private law 2009, the CoE’s Committee of Experts on Roma Equality, Support, Anti-racism. They argue that it crime, combat illegal immigration and restore the fields. In 2009, however, ENAR members raised and Travellers called on states to consider granting fails to address the needs of the country’s minorities sense of security in the old town’. The raid ended concerns that neither the AGG nor the Federal asylum to members of the Kosovo Roma commu- and migrants. As KISA argues, the division of the with 150 migrants being taken to police stations for Anti-Discrimination Agency are providing effective nity. Referring to the UNHCR report and his own island in 1974 further alienated the two main com- identification; there were 12 arrests in connection protection for victims of discrimination and that the repeated visits to Kosovo in March and July 2009, munities and consolidated the conviction that ethnic with the Omeriye mosque violence and 36 for illegal latter fails to meet its obligations adequately. Hammarberg sent a letter to the Chancellor of or religious difference is a potential threat. Minorities residence. A number of organizations staged a dem- In its 2009 report, ECRI noted positive develop- Germany, Angela Merkel, in December 2009, urg- who had opted for the Greek Cypriot community onstration on 4 October 2009 to condemn the police ments, such as a number of government measures to ing the German government to halt forcible returns, continue to live in the Turkish part of the island. operation, which they saw as discriminatory and not eliminate inequalities or discrimination in the fields in particular of Roma.

168 Europe State of the World’s Minorities State of the World’s Minorities Europe 169 and Indigenous Peoples 2010 and Indigenous Peoples 2010 The ultra right-wing remains a serious problem the SS as a concentration camp guard during the ering religious clothing was however introduced for In the national report submitted to the UN in Germany. ‘Germany for Germans!’ and similar Second World War, was widely seen as breaking teachers, parents and students in educational settings, Universal Periodic Review, the term ‘extremist slogans are frequently heard at rallies all over new ground. In the decades following the war, the and also for government officials interacting with crime’ was used again by Russian state authori- Germany. Moreover, national socialism appears to German authorities prosecuted only top leaders of the the general public. In May 2009, a court ruling also ties, who officially acknowledge the existence and have support beyond those who appear in public Nazi regime for the Holocaust. Guards and others introduced the requirement that female school staff increase of such crimes and provide some statistics. demonstrations. According to an annual report working in the concentration camps were seen as act- shake hands with males in greeting, even if this goes ‘Extremist crime in Russia is on the rise. In 2004, published in May 2009 by Germany’s Federal ing under command and thus had limited culpability. against their religious affiliation. 130 extremist acts were carried out; in 2005, 152 Office for the Protection of the Constitution, there While a government report released in 2009 shows were registered, while the figure rose in 2006 to are nearly 5,000 militant neo-Nazis, while 30,000 The Netherlands that integration of ethnic and religious minorities has 263 and in 2007 to 356. In the first half of 2008 Germans consider themselves as having extreme Discussions concerning the position of Muslims in improved in the last couple of years, human rights alone, 250 were registered.’ The Moscow-based right-wing views. the Netherlands featured prominently in the public groups and the CoE indicated otherwise. Human SOVA Centre for Information and Analysis prefers However, far-right parties have suffered a sharp debate on discrimination and racism during 2009. rights group Defence for Children International the term ‘hate crimes’ and reports that, according decline in votes in the 2009 national elections Islam is frequently portrayed as a threat to Dutch warned that the rights of migrant and refugee chil- to their research, there were 525 victims (of whom compared to four years ago. The two prominent far- society by politicians and public figures. After the dren are inadequately guaranteed in the Netherlands, 97 died) of racist violence in 2008. The follow- right parties, the National Democratic Party and the far-right Freedom Party leader Geert Wilders made and that those separated from their parents are vul- ing year, 48 people had been murdered and 253 German People’s Union between them won support a controversial film equating Islam with violence nerable to abuse or ill-informed about their rights. injured by September as a result of racist attacks. from 681,000 voters, well down from the 858,000 and the Qur’an with fascist texts, an Amsterdam CoE Commissioner for Human Rights, Thomas Many violent attacks are reported against members who voted for them in 2005 when the parties court ordered prosecutors to put him on trial. The Hammarberg, also emphasized that ‘policies towards of the Armenian, Jewish, Muslim and non-Russian entered into an electoral pact. The outcome meant decision followed numerous complaints by human migrants and asylum-seekers require further review’ Orthodox Christian communities. that only 1.5 per cent of the 44 million Germans rights groups and citizens over the prosecution serv- in the country report presented in March 2009. Comprehensive figures on the actual numbers of who turned out to vote in 2009 supported the ices’ refusal to press charges against Wilders, and Addressing issues concerning discrimination and racially motivated or xenophobic attacks are hard to extreme right parties, although in some states, such stated that, ‘in a democratic system, hate speech is intolerance, the rights of the child, anti-terrorism establish, as victims and their families may be loath as Saxony, support for the NDP reached 4 per cent. considered so serious that it is in the general interest measures and ethnic profiling, the Commissioner to approach the authorities. However, as AI reports, Support for Islam to be granted the same legal to … draw a clear line’. The court order is notable, recommended that the protection of minority rights despite the government’s call for harsh punishments status as Christianity and other recognized religions as Dutch courts tend to be reluctant to restrict be strengthened. for those convicted of such crimes, no comprehen- is growing in the country and is being actively freedom of expression when it concerns statements sive government plan to combat racism and racial discussed by the main political parties. The Green made by politicians and public figures. Wilders Russia discrimination has been put in place. In 2008, Party expressed its support for taking concrete attracted headlines in the UK during 2009, when With the collapse of the Communist bloc and the Russian NGOs presented an alternative report to steps in this direction. Interior Minister Wolfgang he was stopped from entering the country. He had emergence of post-Soviet states in the territory of the UN Committee on the Elimination of Racial Schäuble of the Conservative Christian Democratic been invited by the Eurosceptic UKIP to screen his the Former Soviet Union, the Russian Federation Discrimination (CERD) that examined Russia’s Union has said that this is his long-term aim, but film, but the then Home Secretary Jacqui Smith has experienced considerable political, economic compliance with the International Convention also stated that Muslim communities are still some banned his entry. The ban was later overturned by and social change during the last decades. Growing on the Elimination of All Forms of Racial way from meeting the requirements that have to be a High Court decision, leading to Wilders’ visiting nationalism, xenophobia, racism and religious Discrimination. The alternative report confirms that fulfilled under the German Constitution, including the UK in March 2010. He screened the film at the intolerance have become increasingly visible. After the Russian government has become more active in the ability to provide teachers to educate children House of Lords, upon UKIP’s invitation. a steady rise in ethnic violence, official statements opposing racist violence and hate speech. For exam- enrolled in state schools about their faith. The crea- Muslims constitute around 5.2 per cent of the concerning hate crime were first made in 2004, when ple, the numbers of persons charged with incitement tion of the German Islam Conference (DIK) could population and are mainly concentrated in larger cit- a 9-year-old Tajik girl was killed. According to the of ethnic hatred has increased, and a number of top be an important symbol of change. The goal of ies. According to 2008 figures of the Central Bureau Equal Rights Trust, the acting Interior Minister at officials have acknowledged and condemned ethni- the Conference is to ensure better integration of of Statistics, there are approximately 373,000 Turks that time, Rashid Nurgaliyev, admitted that ‘acute cally motivated violence and the incitement of racial Muslims and to promote inclusive communities by and 335,000 Moroccans; other Muslims come from manifestations of extremism’ towards visible minori- hatred. Nevertheless, the NGO alternative report counteracting segregation and preventing extremism. the country’s former colony of Suriname or are ties existed in the country. Incidents of racial vio- points out that, in spite of an increasing prosecution Two prominent court cases in 2009 helped to asylum-seekers from the Middle East. As the 2009 lence were identified as ‘extremist crimes’ that were rate for hate crimes, this should be viewed in light highlight racism and hate-motivated crimes. A report of the US Commission on International threatening the security of Russia. The 2009 National of the scale of hate crimes and the amount of racist German man was sentenced to life imprisonment Religious Freedom (USCIRF 2009) notes, the Security Concept of the Russian Federation states propaganda being distributed. According to NGO for the brutal murder of a pregnant headscarved Turkish government appoints imams for most of the that ‘ensuring national security includes countering estimates, hate crimes have been growing by about Egyptian woman, Marwa El-Sherbini. The killing more than 200 Turkish mosques in the Netherlands. extremist activity by nationalist, religious, ethnic and 20 per cent a year and have become increasingly sparked outrage in Sherbini’s home country and led The Dutch government provides funding for educa- other organizations and structures directed at disrupt- violent, often involving weapons and explosives. to renewed debates about Islamophobia in Germany. tion in religious schools and other religious institu- ing the Russian Federation’s unity and territorial The NGO alternative report criticizes the Russian The trial of the 89-year-old John Demjanjuk, a tions. Headscarves are in practice permitted almost integrity and destabilizing the domestic political and government’s approach towards combating hate Ukrainian-born Soviet prisoner of war who joined everywhere, including in schools. A ban on face-cov- social situation in the country’. crimes, arguing that it is too limited and selective

170 Europe State of the World’s Minorities State of the World’s Minorities Europe 171 and Indigenous Peoples 2010 and Indigenous Peoples 2010 when suspending or terminating mass media outlets laws exist that ban Wahhabism, a term increasingly in Iraq continue to be dangerous for minority or NGOs that disseminate hate. The report states used by government officials, journalists and the ‘They told groups. that this shifts ‘the focus of preventing and eliminat- public to mean Islamic extremism. The Russian Zeena, a 44-year-old Assyrian woman, and ing discrimination from protection of the individu- NGO Memorial reports that Muslims considered me I did not her three children, aged 17, 15 and 9, have been al’s rights and dignity to a fight against those whom ‘overly devout’ may be arrested or be ‘disappeared’, in Sweden since December 2007 waiting for the state deems its opponents’. especially in the North Caucasus. Inter-community their appeal to be accepted. All they have had is The 2002 Law on Extremism (amended in July tensions and anti-Islamic sentiments resulting in deserve to stay rejection. Zeena said the response to her appeal 2006) was also mentioned in USCIRF 2009 for discrimination persist after the 2004 school siege in states that Iraq is a safe country and that she and its impact on religious minorities, particularly the Beslan, North Ossetia, with no intervention by the in Sweden’ her family do not need to stay in Sweden. Muslim community, by allowing the criminalization authorities. Muslim communities face difficulties in But Zeena’s experiences in Iraq have been far of a wide spectrum of speech and activities. The law opening and maintaining mosques. from safe. Before leaving the country, Zeena’s risks encouraging racial and religious discrimination. According to USCIRF 2009, there are at least 80 For Iraqi refugees fleeing the current conflict, family faced daily bomb threats and her husband, USCIRF placed Russia on its watch list in 2009. As Russian-based anti-Semitic websites and approximately arrival in Sweden can seem like the start of who is still in Iraq, has been threatened by the report notes, security services tend to treat the 100 small, ultra right-wing newspapers that regularly a new life. But many are finding that their gunmen. Like many other minority communities leaders of some Islamic groups, and groups termed print anti-Semitic and Islamophobic materials. difficult journey to the country only ends in in the country they were forced to stay at home ‘non-traditional’, such as the Jehovah’s Witnesses, as official rejection and the risk of being returned. and not go to work or, as a final choice, to leave a security threat. Sweden For Iraqis from minority religious and ethnic the country. After she and her family decided to The Federal List of Extremist Materials is updated In the second half of 2009, Sweden held the communities, this is particularly difficult to make a new start, they initially went to Syria and four times a year by the government. According to Presidency of the EU. The Swedish Presidency face. Zeena*, an Iraqi Christian mother of stayed there for two months. the human rights group Forum 18, in May 2009, was open to working with NGOs in the negotia- three, tells Suzan Ayyildiz about Of Sweden she says: ‘[I] hoped this would be there were 367 items on this list of banned publica- tions on the draft EU Equal Treatment Directive her experiences. a place where there is no worry about safety.’ tions. While the list of banned texts includes extreme but could not achieve its adoption before the end However, arriving in the country was only the nationalist and anti-Semitic publications, it also com- of its Presidency. The UN High Commissioner first step. Now, Zeena has to deal with the prises Islamic religious texts. Publication of the texts for Refugees and other human rights organizations Since the US-led invasion of Iraq in 2003, complications of her claim to gain her legal status. on the list can be punished with a four-year prison working on protecting the rights of asylum-seekers many Iraqis fear for their safety on a daily basis. She says, ‘[The authorities] told me that I did not term. One problem identified by USCIRF is that and migrants called on the Swedish government to Minority groups, such as Chaldo-Assyrians, suffer deserve to stay in Sweden.’ But for her there is no even low-level local courts, with little knowledge of reassert the importance of a rights-based approach to in particular. They and their places of work and other option. Sweden is where she and her children religious doctrine, can ban texts, with the result that migration and border controls within the framework worship are physically targeted by extremist groups are finally beginning to feel safe. the ban is enforced throughout Russia. of the ‘Stockholm Programme’, which was adopted in an attempt to make them convert or leave their Many appeals are rejected but people want to Although the 1997 legislation concerning reli- during the Presidency and sets out key priority areas homes. This constant threat to their security has keep their hopes up, as Zeena has done so far. She gious practice grants protected status to the four for the EU in the area of justice and home affairs. led many members of minority groups to flee the says that she will renew her appeal as returning to founding religions recognized by the state (the A key achievement during the Swedish Presidency country in search of a new beginning. Iraq is not an option. ‘Nobody threatens us here; Russian Orthodox Church, Buddhism, Islam was the entry into force of the Lisbon Treaty and In October 2009, the UNHCR reported that we are part of the society but only not legally,’ she and Judaism), human rights reports highlight the the establishment of the European Charter of the number of asylum-seekers originating from adds. She and her children feel free to participate privileged status accorded to the Russian Orthodox Fundamental Rights as a legally binding document. Iraq has consistently been the highest for the last in social activities in Sweden. Her children can Church, including official arrangements to pro- Domestically, an important milestone in the four years, with 13,200 Iraqis making claims in the go to school and she can go out to meet with her vide spiritual counselling and conduct religious protection of minorities was the adoption of the first half of 2009 alone. The majority of the claims friends or see her lawyer, although there is always education. The country’s other religious communi- new Discrimination Act by the Swedish Parliament, made by Iraqis in the last four years were made to doubt about being deported. ties, such as Jehovah’s Witnesses, Orthodox Old which entered into force on 1 January 2009. The Germany, the Netherlands and Sweden. Sweden There are many stories like Zeena’s; despite the Believers, Protestants, Roman Catholics and others Act outlaws discrimination based on gender, ethnic- has been a popular destination for Assyrians in tougher laws, asylum-seekers from Iraq continue must accept greater government control. In 2009, ity, religion, disability, sexual orientation, gender particular, as there is an existing Chaldo-Assyrian to seek refuge in Sweden, the rest of Europe and the Russian government established the Expert identity and age. It also established a new watch- community there. worldwide. Many will face being returned; but, Religious Studies Council, which has been criticized dog, the Equality Ombudsman, which is headed However, there has been a sharp decline in particularly for those from minority communities, p for its over-broad mandate. The Council has among by Katri Linna, the former Ombudsman against asylum claims to Sweden since 2007, when a it is a ruling that seems impossible to follow. its powers the right to investigate religious groups at Ethnic Discrimination. The reform streamlines the migration court ruled, ‘that the situation in Iraq the time of registration and their written materials. ombudsman function and gathers four of the previ- was not one of “armed conflict”’. The implication *Names have been changed to protect identities Increasing discrimination against Russia’s approx- ous ombudsman posts into one authority. of the above ruling is that many of these refugees imately 20 million Muslims was also reported by the According to national population statistics, up may now be turned away, even though conditions Edited by Rahnuma Hassan USCIRF 2009. In parts of the country, for example to the first quarter of 2009, the largest group who the regions of Kabrdino-Balkaria and Dagestan, immigrated to Sweden were returning Swedish citi-

172 Europe State of the World’s Minorities State of the World’s Minorities Europe 173 and Indigenous Peoples 2010 and Indigenous Peoples 2010 zens (3,857), followed by Iraqis (2,451) and Somalis Iraq, whereby rejected asylum-seekers could be ‘Many things were done in this country for years. While the minister’s opening was welcomed by (1,305), who are the largest African community in forcibly returned to Iraq. Prior to this, only Iraqi People from different ethnic backgrounds were the pro-Kurdish Democratic Society Party (DTP), Sweden (about 25,159 people). According to a 2005 nationals who agreed to be returned were accepted expelled. This was the result of a fascist approach.’ many Kurds and intellectuals, it was criticized by report submitted to the OSCE by the International by the Iraqi authorities. Those returned go back Government representatives organized workshops others for being unclear. Moreover, the initiative Helsinki Federation for Human Rights, Sweden to an uncertain future. MRG’s 2009 report on with representatives of Roma NGOs, Alevi NGOs was followed by various developments that did not has the largest number of Roma in the Nordic Iraq’s uprooted minorities cited an August 2009 and non-Muslim minorities, which were welcomed fit with its stated aims. The DTP was closed down, countries with about 50,000 Roma living there. Swedish Radio News investigation which revealed by some but criticized for not resulting in any con- 37 party members were banned from political There are numerous religious communities in the that Iraqi Christians whose asylum applications crete progress. activities and two MPs were removed from office country; their numbers are estimated on the basis of had been rejected by the Swedish government and The ‘Ergenekon case’ (concerning suspects following a decision by the Constitutional Court statistics submitted by religious organizations as the who have been forcibly or voluntarily returned to accused of involvement in an alleged military coup in December 2009. Soon after, many members of government does not register the religion of citizens. Baghdad, are once more fleeing the country. Out of in October 2008) continued in 2009. It saw the the DTP, including some mayors, were detained Approximately 5 per cent (450,000–500,000) of 25 interviewed for the programme, including seven accused brought before the courts for the first time. following accusations that they were members of the population is Muslim; the Jewish community children, ‘all but one are now on the run again from A military-backed strategy aimed at reducing public the banned Kurdistan Workers’ Party (PKK­) or the estimates that among Sweden’s 20,000 Jewish peo- widespread persecution in Iraq’. support for the ruling Justice and Development Party Kurdistan Communities Union (KCK), which is ple there are 8,000 practising members. As stated Despite the establishment of a hate crime unit by (AKP) and reportedly drafted in April 2009, was alleged to be the urban arm of the PKK. by USCIRF 2009, religious education covering the Stockholm County police to train police offic- disclosed by daily newspaper Taraf in June 2009. Despite the government’s initiatives, no concrete all major world religions is compulsory in public ers to detect and inform the public of hate crimes, Likewise, the ‘Cage Operation Action Plan’, allegedly progress was achieved during 2009 regarding the schools and a government authority was established and its subsequent expanded role to cover the whole drawn up in March 2009 to target, harass and attack treatment of minorities. The government remains in 2003 to promote the protection of human rights country in 2009, racism within the police caused a non-Muslim minorities, and mentioning the kill- reluctant to review constitutional provisions. and the values of tolerance and democracy. major uproar in Sweden. Police officers were caught ings of three Zirve Publishing staff, the 2007 murder Ethnic minorities, including Caucasians, Kurds, Religious and ethnic discrimination continues to on video using racist insults during a riot in an eth- of journalist Hrant Dink and the 2006 murder of Laz and Roma, are not recognized as minorities be a concern, however. Swedish members of ENAR nically mixed neighbourhood in Malmo and some Father Santoro, a Catholic priest, was also published and are therefore not fully guaranteed a number reported that individuals originally from Middle 50 officials adopted racist names while role-playing by Taraf in November 2009. The plan apparently of rights or services, including access to media in East and Africa are subject to greater levels of rac- criminals and suspects during a training exercise. sought to blame the AKP for those deaths, Turkish their own languages and mother tongue education ism and discrimination. Roma also face widespread The police chief subsequently promised an inde- media reported, and was meant to garner support for or training. discrimination. pendent inquiry into racism within the police. the suspects in the Ergenekon case. In 2009, several racist attacks against Kurds and In August 2009, MRG raised concerns about the Meanwhile the leader of the far-right Sweden In addition to killings of non-Muslims since Kurdish politicians took place. Some human rights practice of Swedish authorities of forcing Roma to Democrats openly argues against Muslims in the 2007, the accused in the Ergenekon case are report- organizations, such as the Contemporary Jurists’ return to Kosovo, where they face discrimination country, saying that ‘Islam is Sweden’s biggest edly linked to various extra-judicial killings that Association, criticized public officials for not tak- and other violations of their human rights. MRG threat’ since the Second World War. Jurists believe took place in the 1990s in south-eastern Turkey. ing effective measures to prevent these attacks or warned that: that the text, which appeared in the opinion sec- While a section of Turkish society and intellectuals conduct proper investigations. The military still has tion of the Aftonbladet newspaper in October 2009, has been supporting the prosecution of these acts, in influence on the country’s political discourse as well ‘Sweden should ensure that before it returns Kosovo qualifies as hate speech and agitation against an the hope that Turkey will face its past and make a as on its judiciary, and there is a separate judiciary Roma, circumstances are created which allow them to ethnic group. But Chancellor of Justice Göran fresh start that will ensure equal treatment of all citi- for members of the military services. live in dignity and without discrimination … most Lambertz said he was not considering launching zens, the military, nationalists, republicans and the are placed on planes without any aid and dropped at an investigation into whether the article violates main opposition party have been strongly critical. Religious minorities the airport in Kosovo without any support in terms of Swedish rules governing freedom of expression. Another important positive development was the Changes are needed to Turkey’s policies and legal housing, employment or health care.’ The party, founded in 1988, argues that Sweden ‘Democracy Opening’, which was initially called the and administrative mechanisms regarding the should remain a homogeneous society by drastically ‘Kurdish Opening’. Announced by the Minister of treatment of religious minorities. The government AI also criticized Sweden for the treatment of cutting the numbers of immigrants. It has recently the Interior in July 2009, it aimed to bring about still refers only to the 1923 Treaty of Lausanne, asylum-seekers from Iraq. In its 2009 country made gains in local elections and there are fears that equality for all citizens, including Kurds, Alevis, which, while guaranteeing specific rights to non- report, AI cited the UN Committee Against Torture it may win a seat in the national parliament in the Roma and non-Muslim minorities. The Minister Muslim minorities, has not kept up with develop- (CAT), which raised serious concerns about the 2010 national elections. of the Interior met journalists, NGO staff and ments in international human rights standards. practice of Swedish authorities of keeping asylum- representatives of different sections of society in Moreover, Turkey continues to violate the Treaty of seekers in detention before deportation without Turkey August 2009 to discuss finding a peaceful solution Lausanne by applying it only to Armenians, Rums any time-limits set by law. According to the report, Contributed by Nurcan Kaya to the Kurdish question. Later, the minister briefly (members of the Eastern Orthodox community) most new applications for asylum were rejected In 2009, Turkish state policy on minorities began shared the contents of these talks in a speech before and Jews. This leaves other non-Muslim groups, by the Migration Board on the grounds that there to be discussed openly for the first time in the his- parliament on 13 November 2009. As with the such as Assyrians, Baha’is, Chaldeans, Protestants was no internal armed conflict in Iraq. In February tory of the Republic. At a congress that took place Ergenenekon case, the opposition and nationalists and Yezidis outside the scope of the Treaty. 2008, an agreement was reached by Sweden and on 23 May 2009, Prime Minister Erdoğan stated, accused the government of betraying the state. Furthermore, Turkey has limited the property and

174 Europe State of the World’s Minorities State of the World’s Minorities Europe 175 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: A Kurdish nomadic family sit outside a cave to volunteer at their churches. According to Topuz, where people lived until forced to settle by the American, British and German volunteers in Izmit government. Carolyn Drake/Panos. were expelled on the basis of not having work permits, although they were volunteering at their church. p their problems and possible solutions for the first time. Bianet, an online news agency, reported in November 2009 that these workshops were criti- cized by some Alevis for not being sufficiently con- crete in finding any solutions. Alevi NGOs organ- ized a conference in November 2009 to demand equal treatment, including the removal of the com- pulsory classes from the school curriculum and the official recognition of Cemevis as places of worship. The very small Jewish community in Turkey, comprising approximately 23,000 people, is fac- ing increasing discrimination. According to a 2008 Pew survey on European attitudes toward Jews and Muslims, 76 per cent of respondents in Turkey had a negative view of Jews, compared to 49 per cent in 2004. A 2009 study on radicalism by Yilmaz Esmer, a professor at Bahçesehir University, showed that 64 per cent of Turks in 34 cities stated that they do not want Jewish neighbours. In response, the community has initiated an outreach programme. For example, Chief Rabbi Ishak Haleva is conduct- ing inter-faith prayer services at the Neve Shalom synagogue in Istanbul, the site of previous extremist attacks, including a car-bombing in 2003 that left more than a dozen people dead and many injured. Timur Topuz, President of the Board of the Istanbul Protestant Churches Foundation estimates education rights of Armenians and Rums, in viola- of the Zirve Publishing House in Malatya are still that there are 5,000 Protestant Christians in Turkey. tion of the Treaty. pending. The police officers, who were accused of Although the Law on Constructions (Law no. The Law on Foundations (Law no. 5555) that negligence for failing to protect Dink despite hav- 3194) allows new church es to be built and opened, entered into force in February 2008 allows non- ing received intelligence that his murder was being Protestants report that they face bureaucratic obsta- Muslim foundations to apply to recover properties planned, remain in their posts. No case was brought cles when seeking recognition from municipalities. seized by the state in the 1970s, but only if they against them in 2009 despite attempts by human According to the regulations, places of worship need are still in the hands of the state. According to rights lawyers. to be at least 2,500 square meters – a requirement the European Commission’s 2009 Turkey Progress Alevis are still not acknowledged as a diverse which is almost impossible to meet. However, the Report, 1,393 applications were lodged by non- group, different from Sunni-Muslims. Their places Istanbul Protestant Church did gain legal status, Muslim foundations to recover their properties of worship, ‘Cemevis’, are not recognized by author- despite not meeting this requirement. Protestant before the deadline of August 2009. The law does ities. Alevi children are obliged to attend compul- churches also have problems when setting up non- not guarantee the return of, or compensation for sory ‘religious culture and ethics’ classes which profit foundations. According to Topuz, their foun- properties belonging to non-Muslim foundations focus on Sunni Islam, despite the ECtHR’s ruling dation is the only one that is officially recognized. that were seized and sold to third parties. in Hasan and Eylem Zengin vs. Turkey, issued on 9 Although missionary activities are legal in Turkey, Discrimination and racist attitudes towards October 2007, which found that the classes violated prejudice and harassment are common against non-Muslim minorities are widespread. The cases the Alevi children’s right to education under Article Protestants. They receive threats by email, phone or brought against the accused of the racially motivated 2 of the first Protocol to the ECHR. post; mostly these are not properly investigated and murders of the Armenian journalist and human Beginning in June 2009, government representa- judicial proceedings are slow. Another problem is rights activist Hrant Dink and the Christian staff tives organized workshops with Alevis to discuss that non-Turkish citizen Protestants are not allowed

176 Europe State of the World’s Minorities State of the World’s Minorities Europe 177 and Indigenous Peoples 2010 and Indigenous Peoples 2010 LEBANON SYRIA

ISRAEL/OT/ Palestinian Authority

EGYPT JORDAN

IRAQ

KUWAIT IRAN Middle

SAUDI ARABIA BAHRAIN QATAR

U.A.E . East Lena El-Malak

OMAN YEMEN

AR A B I A N SEA n a volatile region mired in conflict, 2009 to threaten the lives of its numerous minorities. Special report ranks as a particularly tumultuous year. The Although there was an overall decrease in sectarian I rise of the right in Israel’s February 2009 violence, religious minorities are still falling prey to elections puts into question the rights and freedoms attacks from militant groups. The volatile situation host countries have granted citizenship to Palestine of Israel’s Palestinian minority. The formation of in Iraq continues to push thousands of Iraqis, par- refugees. A formal legal status under national law, a coalition government incorporating the far-right ticularly members of minority religious groups, to The status of codified in legal instruments, in many instances political party of Yisrael Beitenu has further alien- seek refuge in neighbouring countries, and asylum does not exist. The legal position of Palestinian ated this minority, composed of both Palestinian further afield. Palestinian refugees in individual Arab states largely depends Christians and Muslims. Northern Yemen also witnessed increased con- on administrative practices, which are often subject The Israeli military operation in Gaza in the flict and concomitant loss of civilian life in 2009 refugees in the to arbitrary changes. The actual treatment of the Occupied Palestinian Territories (OPT) in January as clashes erupted in the north of Yemen between refugees depends to a great extent on the policies of 2009, resulted in considerable loss of life and wide- government forces and Al-Houthi rebels. Saudi Middle East: 60 the various host countries vis-à-vis Palestinians in spread destruction of property. A year on, and with Arabia was dragged into the conflict when some of general, and the Palestine Liberation Organization Israel obstructing the entry of construction material, the fighters managed to cross its border. years on, still (PLO) in particular. thousands of Gazans continue to live in tents or the Military operations, sectarian violence, dis- In an attempt to regularize the status of rubble of their former homes. The blockade, which puted elections, the consolidation of power in the Palestinian refugees in the Arab world, the League has been imposed on Gaza since 2007, also limits hands of extremist political parties and the rise of unprotected of Arab States adopted the Protocol on the the entry of food and medical supplies. religious militant groups have all contributed to Treatment of Palestinians in the Arab States on 11 The events in Gaza overshadowed the relationship the volatile situation in the Middle East. A report September 1965. Also known as the Casablanca between Israeli Palestinians and their government, published by the United Nations Development The establishment of the State of Israel in 1948 Protocol, this is a multilateral agreement which as it did relations between Israel and Arab govern- Programme (UNDP) and the League of Arab States led to the forcible displacement of over 725,000 was ratified by nine state members of the League, ments throughout the region. This chapter focuses in December 2009 identified six additional key Palestinians from their homes. On 8 December including the three main host countries (Jordan, in particular on Palestinians outside the OPT who interrelated challenges facing the region, includ- 1949, the United Nations Relief and Works Lebanon and Syria). It is binding on the ratify- are in a minority or non-dominant position in ing: institutional reform, job creation, the promo- Agency for Palestine Refugees in the Near East ing states, although neither the Protocol nor the neighbouring states, as well as on the Palestinian tion and financing of pro-poor growth, the reform (UNRWA) was established by UN General Arab League’s Charter provide for enforcement minority within Israel. of educational systems, economic diversification, Assembly Resolution 302 (IV) to ‘carry out in col- mechanisms in cases of violation. The Casablanca The elections in Iran, which were among and increased food security and self-sufficiency laboration with local governments … direct relief Protocol called for Palestinians, while keeping their the most controversial to date, also led to a within existing environmental constraints. Despite and works programmes’ for the benefit of these Palestinian nationality, to be treated on a par with reinforcement of dogmatism. The re-election of the magnitude of the challenges and the threats refugees. UNRWA began operations on 1 May nationals in Arab states with regard to employment, President Mahmoud Ahmadinejad in June 2009 to regional stability, the Middle East has all the 1950. Sixty years on, in the absence of a solution to the right to leave and return to the territory of the was challenged by reformists and moderates, ingredients it needs, from a rich and diverse culture the Palestinian refugee issue, UNRWA continues to state in which they reside, freedom of movement who had promised to improve the situation of to an abundance of natural, economic and human be the main provider of basic services to 4.6 million between Arab states, issuance and renewal of travel minorities and initiate a rapprochement with resources, to rise above these challenges and over- registered Palestinian refugees residing in its five documents, and freedom of residence, work and Europe and North America, after years of isolation. come the threats. areas of operation (Jordan, Lebanon, Syria, the West movement. The disputed elections were followed by massive Bank and the Gaza Strip). The Protocol set a high standard of protection public demonstrations across the country, which Iran Throughout the years, UNWRA has had to for Palestinians. Unfortunately, most Arab states were, at times, violently repressed by government The year 2009 was a significant one for Iran and its deliver its services both in times of relative calm never fully implemented it. In addition, in 1991, forces. With fresh demonstrations erupting in people. It began with celebrations in February, as in the Middle East and in times of hostilities. the League of Arab States adopted Resolution 5093, December, the internal situation in Iran continues the country geared up to mark the 30th anniversary The Agency works in close cooperation with which authorized states to treat Palestinian refugees to be alarming. of the Islamic revolution. Drafted in the aftermath the governments of Jordan, Lebanon and Syria, in accordance with local norms rather than the pro- Meanwhile, Iran’s allies in Lebanon were defeated of the revolution, Iran’s Constitution recognizes and with Israel and the Palestinian Authority in visions set forth in the Protocol, thus bypassing the by the March 14 Alliance in Lebanon’s close June Islam as the state’s official religion and the Twelver the OPT, in order to carry out its operations. standard of protection set by it. 2009 elections. It then took Prime Minister Saad Ja’fari School of Shi’ism as the doctrine followed by Notwithstanding UNRWA’s achievements over the Today, Palestinian refugees continue to face dis- Hariri five months of intense negotiations to break its adherents. The majority of Iran’s 66.5 million past 60 years in educating generations of refugees criminatory treatment, particularly with regard to the deadlock with the opposition and form a coali- population is Muslim (Shia 89 per cent, Sunni 9 and providing them with health care, relief and employment and freedom of movement in the Arab tion government; this was duly achieved. It is to be per cent). In addition to the Sunnis, Iran has sev- other essential services, the status of Palestinian region. After the fall of Saddam Hussein’s regime in hoped that improved relations with Syria will have a eral other religious minorities; 2 per cent of Iran’s refugees in the Middle East remains precarious. 2003, Palestinians have been targeted in Iraq, and positive impact on Lebanon’s economy and lead to population are Zoroastrian, Jewish, Christian and With the exception of Jordan, none of the Arab thousands of them have fled. greater stability, following years of turmoil. Baha’i. According to Article 13 of the Constitution, Meanwhile, internal conflict in Iraq continued Zoroastrian, Jewish and Christian Iranians are the

180 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 181 and Indigenous Peoples 2010 and Indigenous Peoples 2010

Special report only recognized religious minorities, who, within if incarcerated, recanting their religious affiliation as the limits of the law, are free to perform their reli- a precondition for releasing them.’ gious rites and ceremonies, and to act according to On 18 December 2008, for the sixth consecu- While the status of Palestinian refugees in Arab severe shortages of even the most basic goods such their own canon in matters of personal affairs and tive year, the UN General Assembly passed another states continues to give cause for concern, it should as food, fuel and medicine. Thousands of them were religious education. Baha’is, on the other hand, are resolution (A/Res/63/191) condemning the human not detract from Israel’s responsibility towards these also forced to leave their homes during last year’s not recognized as a religious minority. However, as rights situation in Iran and denouncing the govern- refugees. Following their displacement from their Israeli military operation in the Gaza Strip, and many non-Muslims, they are protected under Article 14 ment’s harsh treatment of religious, ethnic, linguistic homes in 1948, the UN General Assembly adopted continue to live in tents to this day. of the Constitution, provided that they refrain from or other minorities – whether they are recognized Resolution 194(III) on 11 December 1948, which As UNRWA marks its 60th anniversary, the con- conspiracy or activity against Islam and the Islamic or not. On 20 November 2009, the UN General affirmed the refugees’ right to return, and to res- tinued existence of the leading agency in charge of Republic of Iran. Assembly’s Third Committee approved a further titution and compensation. Despite repeated and Palestinian refugees serves as a potent reminder of Notwithstanding the formal guarantees of protec- resolution (A/C.3/64/L.37) on human rights in Iran, near unanimous reaffirmations of this resolution by the plight of the world’s largest and longest-standing tion in the Constitution, members of the Baha’i which expressed particular concern, inter alia, over the General Assembly every year since 1948, Israel refugee population. Only a just resolution of this faith have long been subjected to discrimination, the situation of minorities. Both resolutions specifi- continues to deny Palestinian refugees their rights issue will enable Israelis and Palestinians to move harassment and arbitrary arrest. According to cally mentioned the case of the seven Baha’i leaders. to return to their homes and to receive compensa- from their tumultuous past of wars and conflicts to Amnesty International (AI), Baha’is continued to be The Baha’i community was not the only religious tion for the losses they have incurred. In addition, a future of reconciliation, peace and security. p denied access to higher education in 2009. At least minority subjected to discrimination and harassment. Palestinian refugees residing on the West Bank have 10 Baha’i students were expelled from their univer- According to USCIRF 2009, proselytizing contin- been hard hit by Israel’s regime of closures, since they Below: A Palestinian man with his son, waiting to sities on the basis of their religion throughout this ues to be prohibited by the Iranian government, are largely dependent on income from work inside load their possessions onto a truck to be transferred academic year. According to the US Commission on which closely monitors the activities of evangelical Israel. Meanwhile, the Gaza Strip’s population, two- from Al Tanf camp, located between Iraq and International Religious Freedom (USCIRF) report Christians while discouraging Muslims from enter- thirds of whom are refugees, has been subjected to a Syria, to Al Hol camp in Syria, December 2009. of 2009, Baha’is are also prohibited from teaching ing church premises. In September 2008, the Majlis crippling embargo since 2007, which has resulted in UNHCR/B. Diab. and practising their faith, and are barred from all (Iranian parliament) approved a revision to the Penal leadership positions in the government and the mili- Code whereby apostasy, specifically conversion from tary. The report also confirms that Baha’i commu- Islam, would be punishable by death. This revision nal property and sacred sites have repeatedly come was reportedly implemented on a one-year trial under attack. AI further reports that government- basis. The Legal Judicial Committee of the Majlis, controlled broadcast and print media, such as the however, recommended removing it from the Penal Kayhan newspaper, intensified negative campaigns Code in June 2009. USCIRF said there were no against Baha’is throughout 2009, accusing them of documented cases of the death penalty being applied establishing ties with Israel. These accusations are in for apostasy in 2009, although there were at least 10 part due to the fact that the Baha’i world headquar- reported arrests of Christian converts. ters is located in Israel. Although Jews are a recognized religious minor- The plight of Baha’is in Iran was brought to ity in Iran, they are increasingly concerned about the fore when Ministry of Intelligence officials their future security in the country. USCIRF 2009 arbitrarily arrested seven Baha’i community lead- reported increased hostility towards the Jewish ers in March and May 2008. Their trial has been community as a result of President Mahmoud postponed at least twice, and they are facing Ahmadinejad’s rhetorical attacks on Israel and charges of ‘espionage for Israel’ and ‘propaganda Zionists, which have blurred the lines between against the system’, both of which carry a possible Zionism, Judaism and Israel. Many Jews sought to death penalty. They were expected to stand trial limit their contact with Israel, or limit open support in February 2010, and the trial was continuing at for the state of Israel, for fear of reprisal. the time of writing. As of July 2009, according to Non-Shia Muslims also faced substantial soci- the International Campaign for Human Rights in etal discrimination. According to AI, Iran’s Kurds, Iran, a US-based non-governmental organization most of whom are Sunni Muslims, face discrimina- (NGO) working on human rights violations in Iran, tion at least in part because of their religion, even there are an additional 30–40 Baha’is in detention though Sunni Islam is recognized and accorded because of their religious beliefs. The USCIRF 2009 formal legal standing in Iran. Many Sunni Muslims report also stated that, ‘Government officials report- note the absence of a Sunni mosque in Tehran as edly offered Baha’is relief from mistreatment in a prominent example of the government’s disre- exchange for recanting their religious affiliation, and gard for this minority. The USCIRF 2009 report

182 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 183 and Indigenous Peoples 2010 and Indigenous Peoples 2010 also noted that several Sunni mosques have been the rights of religious minorities. According to the untary repatriation of up to 5,000 Iraqis in 2010, a their mother tongue. It also recognizes the Turkman demolished in other parts of the country. Sunnis are Lowy Institute, an independent international policy survey conducted in 2009 revealed that the majority language and the Syriac language, which is the under-represented in government-appointed posi- think-tank based in Sydney, Australia, Karroubi also of Iraqis have no plans to return to their country in language spoken by small Christian communities tions in the provinces where they form a majority, pledged to remove all forms of discrimination against the foreseeable future. According to UNHCR and in Iraq, as official languages in the administrative such as Kurdistan and Khuzestan. The report stated women, many of whom are doubly disadvantaged as the NGO International Rescue Committee (IRC), units densely populated by these minorities. The that residents of these provinces have also reported members of a marginalized ethnic or religious minor- resettlement remains the main durable solution for Constitution further guarantees the right for regions discrimination and lack of resources, though it is ity and because of the subordinate status reserved to these refugees. or governorates to adopt any other local language as difficult to determine whether this discrimination is women in some communities, such as the Balochi The fall of Saddam Hussein’s regime also led to an additional official language if the majority of its based on religion, ethnicity or both. USCIRF 2009 and Kurdish communities. the displacement of thousands of Palestinian refu- population so decides in a general referendum. also revealed that smaller religious communities, The disputed re-election of Mahmoud gees who had hitherto been residing in Iraq. About As for religious groups, the majority of the such as Mandaean-Sabeans and Sufis, have faced Ahmadinejad on 12 June 2009 was followed by wide- 22,000–34,000 Palestinians were believed to live in population in Iraq is Muslim (60–65 per cent repression and harassment by authorities similar to spread protests across the country. The protests were Iraq at the beginning of the war, according to statis- Shia Muslim) and Islam is recognized as the state’s that faced by other religious minorities. initially largely peaceful. As tensions grew, however, tics published by the Forced Migration Review. Seen official religion (Article 2 of the Constitution). Iran is also home to several ethnic minorities. government forces clamped down on demonstrators, as being favoured by the previous regime, they have The Constitution guarantees the right to religious The majority of the population is ethnically Persian using excessive and sometimes lethal force, which faced retaliatory attacks since its demise. UNHCR freedom of Iraq’s religious minorities, namely the (51 per cent). There are also Azeris (24 per cent), resulted in the deaths of dozens of demonstrators, figures show that only 13,000 are believed to have Christians, Mandaean-Sabeans and Yezidis. There Gilaki and Mazandarani (8 per cent), a sizeable hundreds of injuries and at least 4,000 arbitrary remained in the country. About 1,500 of them is also a very small Baha’i community, numbering Kurdish minority (7 per cent), Arabs (3 per cent), detentions. The 20 November 2009 UN resolu- have been living in extremely tough conditions in fewer than 2,000 members, and an even smaller as well as Lur, Baloch and Turkmen (2 per cent of tion (A/C.3/64/L.37), mentioned previously, also Al Waleed camp, located close to Iraq’s border with Jewish community of less than 20 Jews. the population each). The Constitution recognizes strongly condemned the government’s crackdown Syria, after fleeing from persecution in Baghdad Although government efforts to restore secu- Persian as the official state language, while allowing on demonstrators in the aftermath of the contested in recent years. According to UNHCR, in April rity and stability have curbed sectarian violence, the use of other regional and tribal languages in the elections and expressed deep concern at the ‘seri- 2009, 59 Palestinian refugees were evacuated from USCIRF 2009 reported that religious and ethnic press and in schools (Article 15). In addition, Article ous ongoing and recurring human rights violations Al Waleed to Romania, where they will remain in a minorities in Iraq continue to be at risk of attacks 16 of the Constitution provides that Arabic, which in Iran’. Indeed, the human rights situation in Iran transit centre pending their resettlement to a third mainly orchestrated by al-Qaeda in Iraq or, in some is the language of the Qur’an, must be taught in all remains alarming. Opposition protesters took to the country. Another 98 refugees were evacuated in July cases, by Shia extremists. USCIRF 2009 reported classes of secondary schools. Despite these constitu- streets again on 27 December 2009 during a religious 2009 to a transit centre in Slovakia. There are to be that numerous women, including non-Muslims, tional guarantees, AI reported the arrest of several Shi’ite holiday (Ashura), to denounce the Iranian an additional 843 Palestinian refugees from Iraq at opted to wear the hijab for security purposes after Azeri activists in 2009, in connection with activities government. Clashes subsequently erupted with secu- Al Tanf camp, located in the no-man’s land between being harassed for not doing so. Shopkeepers were held to protest the lack of teaching in Azerbaijani rity forces allegedly firing directly into the crowds. Iraq and Syria near Al Waleed, and 391 in Al Hol, on also targeted for selling alcohol or providing services Turkic. Several Kurdish activists faced a similar International media reported the deaths of at least the Syrian side of the border. The UNHCR expected considered to be inconsistent with Islam; this has fate. Moreover, according to AI, Kurdish prisoners four protesters, including a nephew of the opposition to have resettled the majority of Palestinian refugees particularly affected Christian and Yezidi minorities. went on hunger strike between August and October leader Mir Hussein Moussavi. Hundreds more were in both these camps by the end of 2009; however the MRG and organizations such as the Mandaean to protest against the use of the death penalty on injured and there were numerous arrests. Al Tanf camp was closed in February 2010 and the Human Rights Group continued to document the Kurdish political prisoners. Their efforts were in remaining population was transferred temporarily to ongoing targeting of Mandaean-Sabeans by Islamic vain. Human Rights Watch (HRW) confirmed the Iraq Al Hol, where they remain at the time of writing. militias, including cases of rape, kidnapping and execution by Iranian authorities of a Kurdish politi- Iraq has been ripped apart by sectarian violence While millions of Iraqis have sought refuge in forced conversion. cal prisoner, Ehsan Fattahian, on 11 November since the US-led coalition invasion of 2003. In the neighbouring countries since 2003, violence and A November 2009 HRW report found religious 2009, after a court had sentenced him to death in absence of stability and security, millions of Iraqis sectarian strife continues to threaten the lives of the minorities in northern Iraq to be caught in the closed proceedings on charges of committing violent have been forced into displacement. As of January millions who chose to remain. According to MRG middle of a struggle for land and resources between acts against national security. 2009, the United Nations High Commissioner for sources inside Iraq, members of religious and ethnic Arabs on the one hand, and leaders of Iraq’s semi- Members of ethnic minorities continued to cam- Refugees (UNHCR) estimated that 1.9 million minorities are particularly vulnerable. autonomous Kurdish region on the other (also paign for greater political participation, economic, Iraqis had become refugees since 2003 and that there Kurds represent the largest non-Arab minority known as the Kurdistan Regional Government – social and cultural rights, as well as access to employ- were an additional 2.6 million internally displaced. in the country (15–20 per cent of the population), KRG). According to the report, the KRG is accused ment in the public sector. Their demands figured The majority of Iraqi refugees fled to Syria, which followed by Assyrians and Turkmen. Other smaller of arbitrarily arresting, detaining and intimidating prominently in the debates leading up to the most currently hosts close to 750,000 refugees, of whom ethnic (and ethno-religious) minorities in Iraq anyone resistant to its plans. These plans were met contested elections in the modern history of Iran. 167,840 are assisted by the UN High Commission include Armenians, Fayli Kurds, Roma and Shabak. with stiff opposition from the local Sunni Arabs, Mehdi Karroubi, one of the presidential candidates for Refugees (UNHCR). Jordan is also host to some According to Article 4 of the Constitution, only and prompted extremist elements among the in the 12 June 2009 elections and an influential 500,000 Iraqi refugees, only a fraction of whom Arabic and Kurdish are considered official languages insurgents to take it out on the Chaldo-Assyrian Iranian reformist politician, promised to improve (46,500) are registered with UNHCR. of the state. The same article, however, recognizes Christian, Yezidi and Shabak communities, labelling the situation of ethnic minorities and to protect Although UNHCR is ready to facilitate the vol- the right of minorities to educate their children in them ‘crusaders’, ‘devil-worshipers’ and ‘infidels’.

184 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 185 and Indigenous Peoples 2010 and Indigenous Peoples 2010 According to USCIRF 2009, Christians and Yezidis might have been committed at any time in the context the third largest in Israel after the February 2009 gen- Below: Israeli border police deny entry to Muslims also claimed that the KRG confiscated their prop- of the military operations that were conducted in Gaza eral elections. On 16 March, his party entered into who came to attend Friday prayers at the Al-Aqsa erty without compensation and that it had begun during the period from 27 December 2008 and 18 the coalition government led by right-wing Likud mosque, in Jerusalem’s old city. October 2009. building settlements on their land. KRG officials, January 2009, whether before, during or after.’ leader Benjamin Netanyahu. Lieberman currently Ahikam Seri/Panos. for their part, continued to deny any allegations of serves as Minister of Foreign Affairs and also has the wrongdoing, blaming the problem entirely on Sunni The four-member mission was headed by Justice title of Deputy Prime Minister. was approved by the Ministerial Committee for Arab extremist groups, as reported by HRW. Richard Goldstone, who is a former justice of the Following the formation of the coalition govern- Legislation in July 2009, thus putting it on the The KRG received a political blow as a result of Constitutional Court of South Africa and former ment, Yisrael Beitenu introduced a series of bills fast track for ratification in the Knesset (the Israeli the January 2009 provincial elections in Nineveh Prosecutor of the International Criminal Tribunals detrimental to Palestinian citizens of Israel. In May parliament). According to ACRI, the approved province, when a nationalist Sunni party, al-Hadba, for the former Yugoslavia and Rwanda. On 25 2009, a Yisrael Beitenu Member of Knesset (MK) version gives the Finance Minister the authority to defeated the Kurdish coalition (Nineveh Fraternal September 2009, the mission issued its final report, proposed a bill that would have made it illegal to withhold funding from bodies that mark Israel’s List) after campaigning on an anti-KRG platform. which has become known as the Goldstone Report. mark Israel’s Independence Day as a day of mourn- Independence Day as a day of mourning. In other USCIRF 2009 recorded that the provincial elections The report found evidence of serious violations of ing. Israel’s Independence Day is commemorated words, it will enable the government to cut off of January 2009 were, however, criticized by non- human rights and humanitarian law committed by by Palestinians worldwide as the day of Catastrophe funding to Arab local authorities and other groups Muslims, particularly Christians and Yezidis, who Palestinian militant groups and Israeli armed forces. (‘Nakba’), as it marks the forced displacement of that mark the Nakba. reported being politically isolated by the Muslim The report was endorsed by the UN Human Rights two-thirds of the Palestinian population from their The Palestinian narrative of displacement and majority because of their religion. Council on 16 October 2009, and on 5 November homes during the 1948 Arab-Israeli war. The so- dispossession was under further attack when, in 2009, the General Assembly adopted Resolution called Nakba Law would have made participation October 2009, the Israeli Ministry of Education Israel and the Occupied Palestinian 10883 giving Israel and the responsible Palestinian in Nakba Day events punishable by three years’ decided to withdraw all copies of a history textbook, Territories Authorities three months to undertake ‘independ- imprisonment. The Association for Civil Rights meant for the 11th and 12th grades, after the Israeli Between 27 December 2008 and 18 January 2009, ent, credible investigations’ into alleged violations in Israel (ACRI), Israel’s oldest and largest human newspaper Haaretz reported in September that the Israel conducted a large-scale military operation in of international humanitarian and human rights law rights organization, criticized the legislation as textbook for the first time presented the Palestinian the Gaza Strip, codenamed Operation Cast Lead. committed during the conflict in Gaza. impinging on citizens’ freedom of speech, and as claim that there had been ethnic cleansing in 1948. According to figures released in September 2009 by The situation in Gaza ratcheted up the already likely to increase the isolation and alienation felt A revised version of the textbook is expected to be B’Tselem, an Israeli human rights organization, the tense relationship between Israel’s Jewish major- by Palestinian citizens of Israel. A softer version approved in 2010. most destructive military assault in Gaza’s history ity and its Palestinian citizens. According to figures resulted in the deaths of about 1,400 Palestinians, from Adalah, an Arab-Israeli legal advocacy group, the majority of whom were civilians, and 13 Israelis, Israel’s Arab minority makes up about 20 per cent including three civilians. The military operation of the total population and brings together members was spurred by rocket attacks against Israeli towns. of three religious communities: 81 per cent of them Israeli air raids and the subsequent ground invasion are Muslim, 10 per cent are Christian and 9 per wrought widespread destruction of Palestinian homes cent are Druze. The rise of the right in Israel in the and other civilian infrastructure such as mosques February 2009 elections did not bode well for Israel’s and schools. The military operation followed an Palestinians. In the run-up to the elections, prime 18-month blockade of Gaza’s borders, imposed after ministerial candidate Avigdor Lieberman ran an elec- Hamas’ takeover of Gaza in mid-2007, which had toral campaign against Israeli Arabs. As reported in crippled its economy, leading to unprecedented levels Israeli daily newspaper Haaretz, Lieberman’s far-right of poverty and hardship among Gaza’s 1.5 million party, Yisrael Beitenu, shaped its campaign around residents – three-quarters of whom are refugees regis- the slogan, ‘No citizenship without loyalty’, which tered with UNRWA. According to a report released was aimed at Palestinian citizens of Israel, some in October 2009 by Médecins Sans Frontieres of whom the party accuses of constituting a fifth (MSF), an international medical relief NGO, 85 per column. Lieberman is known for his inflammatory cent of Gaza’s population is entirely dependent on statements about Arabs. According to international aid as result of the embargo. media, Lieberman has openly advocated the ‘transfer’ On 3 April 2009, the President of the UN Human of Palestinian citizens in Israel and has called for the Rights Council established the UN Fact-Finding execution on the grounds of treason of Palestinian Mission on the Gaza Conflict with a mandate: members of the Knesset who met with Hamas members on the West Bank or in the Gaza Strip. ‘to investigate all violations of international human Revealing an alarming shift to the far right by a sec- rights law and international humanitarian law that tion of Israeli society, Lieberman’s party emerged as

186 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 187 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Yisrael Beitenu presented additional bills tar- According to USCIRF 2009, government alloca- of their homes in Sheikh Jarrah by the Israeli authori- Bank and the Gaza Strip from entering Jerusalem geting Israel’s Palestinian citizens. In May 2009, tions of state resources favour Orthodox and ultra- ties, following a court ruling. Their properties were to access the Haram al-Sharif sanctuary, includ- the party proposed a ‘Loyalty Oath’ bill, which Orthodox Jewish religious groups and institutions, handed over to a settler organization that intends to ing the al-Aqsa mosque. Citing security concerns, would have required every Israeli citizen to take discriminating against non-Jews and non-Orthodox build a new settlement in the area. According to the Israeli authorities also generally restricted access to an oath that would include a pledge of loyalty to streams of Judaism. The government also implements UN Office for the Coordination of Humanitarian the mosque for Palestinian residents of Jerusalem, Israel as a Jewish, Zionist and democratic state; to regulations to protect Jewish sites only, USCIRF Affairs (OCHA), the planned settlement will place an especially males under the age of 50, and sometimes its emblems and values; and to serve Israel either 2009 noted. Non-Jewish religious sites do not enjoy estimated 475 Palestinians at risk of forced eviction, women under the age of 45. through military service or through any equivalent legal protection under the 1967 Protection of Holy dispossession and displacement. alternatives. The bill was rejected by all members Sites Law because the government does not officially In the occupied West Bank, Palestinians con- Jordan of the Ministerial Legislative Committee, excluding recognize these sites as holy. In 2004, Adalah filed a tinued to be subjected to Israeli settler violence, A decade since King Abdullah II ascended the Yisrael Beitenu MKs. In January 2010, a similar bill petition criticizing the government’s failure to imple- with reports of settlers assaulting and destroying throne of the Hashemite Kingdom of Jordan, the calling for all MKs to swear a ‘loyalty oath’ to the ment regulations to protect non-Jewish holy sites, Palestinian property. In December 2009, settlers country remains relatively stable in a region mired state was proposed by Yisrael Beitenu’s MK David many of which have been desecrated or converted to set fire to a mosque in the northern West Bank vil- in conflicts and political turmoil. The majority of Rotem. The bill, which was set to be discussed at other uses. In March 2009, the Supreme Court ruled lage of Yasuf. According to USCIRF 2009, most the Kingdom’s small population of 6.3 million is the Knesset’s Ministerial Legislation Committee, that ‘implementing regulations to protect Islamic instances of settler violence and property destruction Sunni Muslim (around 92 per cent). Christians would require the oath to be changed from ‘I prom- holy sites is unnecessary’. did not result in arrests or convictions. of various denominations make up about 6 per ise to be loyal to the State of Israel’ to ‘I promise to Further, USCIRF 2009 said that Muslim resi- Palestinian Muslim and Christian residents of cent of the population. The remaining 2 per be loyal to the State of Israel as a Jewish, Zionist, dents of the Be’er Sheva area, in southern Israel, the occupied West Bank were also unable to reach cent include Shia Muslims, approximately 1,000 democratic state, and to its symbols and values.’ A continued to protest ‘the municipality’s intention places of worship and to practise their religious rites Baha’is, and an estimated 14,000 Druze. Small year ago, Arab MKs’ loyalty to the State of Israel to reopen the city’s old mosque as a museum rather owing to Israel’s strict closure policies. As noted in Circassian (Muslim) and Armenian (Christian) was put into question when the Central Elections than as a mosque for the area’s Muslim residents’. the US State Department’s International Religious minorities together make up about 2 per cent of Committee (CEC) decided to bar Israel Arab parties According to the Palestinian Centre for Human Freedom Report (IRFR 2009), the construction of the population. No statistics are available on the from running in the February 2009 parliamentary Rights (PCHR), a Gaza-based NGO, the Israeli the separation barrier by the Israeli government, number of persons who are not adherents of any elections. The CEC’s decision was eventually over- military also raided the al-Aqsa mosque in occu- begun in 2002, ‘has severely limited access to holy religious faith. turned by the Supreme Court of Israel, following an pied East Jerusalem on 25 October 2009, and was sites and seriously impeded the work of religious Jordan is also home to about 500,000 Iraqi appeal filed by Arab politicians. accused of using excessive force against Palestinian organizations that provide education, healthcare, refugees, of whom only 46,500 are registered with Palestinian citizens of Israel were further expected civilians who attempted to prevent the raid. The and other humanitarian relief and social services the UNHCR. Forty-five per cent of the Iraqi to demonstrate their loyalty to the state by perform- raid followed a call by Jewish groups who had urged to Palestinians, particularly in and around East refugees registered with the UNHCR are Sunni ing military service. Israel’s Chief Commander, Gabi their followers to break into the al-Aqsa mosque Jerusalem’. According to the Internal Displacement Muslim, 35 per cent are Shia Muslim and 12 per Ashkenazi, stated in September 2009 that all Israeli to conduct Talmudic rituals. The PCHR reported Monitoring Centre (IDMC), an organization moni- cent are Christian. There are also close to 2 mil- citizens should be required to perform national serv- another similar assault on the al-Aqsa mosque on 27 toring conflict-induced internal displacement world- lion Palestinian refugees registered with UNRWA. ice. Israeli Arabs, both Christians and Muslims, have September 2009, when a number of Israeli settlers wide, the construction of the barrier, which was According to UNRWA, all Palestinian refugees been exempted from military service since the State of attempted to break into the yard of the mosque. condemned by the International Court of Justice’s in Jordan were granted full Jordanian citizen- Israel’s establishment in 1948 as the authorities were Christian religious sites were not left unscathed Advisory Opinion of 2004, has resulted in the con- ship, with the exception of some 120,000 refugees reluctant to arm this potentially hostile Palestinian either. In November 2009, the global news agency fiscation of property owned by Palestinians and sev- originally from the Gaza Strip (also known as minority. The only exception was the Druze commu- Agence France Presse (AFP) reported the carry- eral religious institutions, and the displacement of ex-Gazans). The latter are eligible for temporary nity, whose leaders agreed in the 1950s to their sons’ ing out of unilateral work on the Holy Sepulchre thousands of Muslim and Christian residents of the Jordanian passports, which do not entitle them to conscription. The majority of Palestinian citizens of Church in occupied East Jerusalem by the Israeli West Bank. The impact of the barrier on access to full citizenship rights such as the right to vote and Israel opt not to join the army, as they object to the Antiquities Authorities (IAA). According to AFP, religious sites was highlighted in the IRFR 2009: employment with the government. Israeli military’s actions in the occupied Palestinian the Franciscan Custody of the Holy Land, which Article 2 of Jordan’s Constitution recognizes territories. USCIRF 2009 noted that their decision looks after Christian holy places on behalf of the ‘The separation barrier made it particularly difficult Islam as the state’s religion and Arabic as its offi- not to serve in the army puts them at a disadvantage Roman Catholic Church and liaises with other for Bethlehem-area Christians to reach the Church of cial language. The Constitution also recognizes as many rights and benefits in Israel are contingent Christian denominations, protested the IAA’s the Holy Sepulchre in Jerusalem, and made visits to the equal rights of Jordanians before the law and on military service and therefore are claimed mostly actions and asked it to refrain from altering the sta- Christian sites in Bethany and Bethlehem difficult for prohibits discrimination between them as regards by the Jewish population, including a wide variety tus quo pertaining to the Holy Sepulchre Church. Palestinian Christians who live on the Jerusalem side to their rights and duties on the grounds of race, of jobs, entitlement to state-controlled land and eco- Jewish settlers also sought to establish a presence of the barrier, further fragmenting and dividing this language or religion (Article 6). The Constitution nomic privileges such as cheap loans and tax breaks. in East Jerusalem’s central Sheikh Jarrah neighbour- small minority community.’ further guarantees the freedom to exercise all forms In calling for mandatory national service, Ashkenazi hood, the location of many noteworthy landmarks. of worship and religious rites, provided they do not noted that those Israelis who refused to serve could In a series of evictions on 2 August 2009, 53 The IRFR 2009 further noted that Israel prevented violate public order or morality (Article 14). not expect ‘civil equality’. Palestinians, including 20 children, were forced out thousands of Palestinian Muslims from the West Christians form the largest religious minority in

188 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 189 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Jordan. On 21 January 2009, the cabinet desig- istering schools or places of worship, according to as a consequence of that, I am also deprived of my nated the Council of Church Leaders as the gov- USCIRF 2009. ‘I feel that my rights as a Muslim, to access and pray in holy sites ernment’s reference point for all Christian affairs. located in East Jerusalem. Jerusalem is essentially The Council includes heads of the 11 officially Lebanon basic freedoms sealed off, and Palestinians in the West Bank are recognized Christian denominations in the country. The 15-year Lebanese civil war ended with the walled in.’ According to the Jamestown Foundation, a USA- signing of the 1989 Ta’if Agreement. Twenty years based think-tank, the Council does not, however, on, Lebanon continues to be divided along sectar- and rights are She adds: represent non-recognized Christian denominations, ian lines. Post-independence, Lebanon’s political such as evangelical groups. Nevertheless, USCIRF system was institutionalized in the National Pact of violated’ ‘The difficulty is not only in accessing Jerusalem. 2009 confirmed the absence of any reports of dis- 1943. The National Pact had introduced a confes- It is also not easy for a Palestinian living under crimination or incitement against Jordan’s Christian sional formula, which provided for the representa- the occupation to travel from one town in the West minority. It is said that Christians serve regularly as tion of Christians and Muslims in a six to five ratio Lubna Mohamad, a Muslim Palestinian resid- Bank to another. For instance, if I wish to pray cabinet ministers, and they are represented in both throughout government. Furthermore, the offices of ing in Ramallah, talks to Lena El-Malak about in the tomb of the biblical patriarch Abraham the Lower and Upper Houses of Parliament. president, prime minister and speaker of the parlia- how difficult it is for Palestinians living under in Hebron (Haram il Ibrahimi), which is a holy In May 2009, Pope Benedict XVI visited Jordan ment were allocated to the Maronite, Sunni and occupation to access religious sites in the West site for Muslims, I would first have to cross three as part of a wider tour of the Holy Land, which Shia sects respectively. Following a bloody internal Bank and East Jerusalem. While Palestinians Israeli military checkpoints to reach Hebron. included stops in Israel and the West Bank. The conflict, the Ta’if Agreement replaced the six to do not constitute a minority in the OPT, Although Hebron is only about an hour’s drive from Pope’s visit was aimed at encouraging the minority five ratio of parliamentary seats, which had previ- Lubna’s issues of access reflect the severe Ramallah, I need at least two and a half hours Christian community in the Middle East, and pro- ously favoured Christians, with a more equitable restrictions also facing Israeli Arabs when try- to get there because of the checkpoints. Assuming moting better inter-faith dialogue between followers division of parliamentary seats between Muslims ing to visit Muslim and Christian holy sites in the Israelis let me into the city, I would still need of the three Abrahamic religions. and Christians. Accordingly, nine new Muslim seats the West Bank. This continued to be true dur- permission from the Israeli army to enter the area Despite the relative tolerance displayed by Jordan were added to the Chamber, creating a 54–54 seat ing 2009. Age restrictions concerning access to of the Haram il Ibrahimi mosque. Because the towards religious minorities, there are neverthe- balance. The Agreement, however, maintained the the al-Aqsa mosque also apply to Palestinians army is often suspicious of people who are visiting less some instances in which the government has distribution along religious lines of the country’s living in Jerusalem. from outside Hebron, when they check my ID and interfered with the religious freedom of Muslim and offices of state. Appointments in the public sector discover that I am a resident of Ramallah, they non-Muslim groups. USCIRF 2009 highlighted the are similarly based on a sectarian quota system. can deny me entry to the area where the mosque sensitive situation of converts, who face discrimina- Although the Ta’if Agreement provided for the Lubna says that in the case of occupied East is located. Sometimes, residents of Hebron are also tion and harassment, as the government continues eventual abolition of political sectarianism, little Jerusalem, the obstacles are often impossible to denied entry to that area under the pretext that it to prohibit conversion from Islam. The government progress has been made in this regard. In a televised overcome. may endanger the security of the 400 settlers who does not recognize converts from Islam as falling address, President Michel Suleiman proposed to have occupied it’. under the jurisdiction of their new religious com- establish a national committee charged with the ‘Although I live in Ramallah, which is only a munity’s laws in matters of personal status. They are abolition of the country’s confessional political sys- 15-minute drive from Jerusalem, I have not been able Lubna points out that the problem is not just one still considered Muslims. tem. His proposal was seconded by Speaker of the to visit Jerusalem in years. In order for a West Banker of access to holy sites. It is also about the security Strict penalties are also applied in cases of slander Parliament Nabih Berri, who vowed to set up the to enter the holy city, they need to get a permit from of those who are praying in these sites. of Islam or the Prophet Muhammad. On 21 June committee and implement the Ta’if Agreement’s the Israelis. Unless there is a compelling reason, like a 2009, the court sentenced Al-Arab al-Youm reporter provisions on the abolition of political sectarianism. critical medical condition requiring urgent treatment ‘Just think of the massacre of worshippers in the and poet Islam Samhan to one year’s imprison- The president’s proposal was met with resistance in Jerusalem, the Israelis do not grant permits to enter Haram il Ibrahimi mosque in Hebron in 1996 ment and fined him US $14,000 (10,000 Jordanian and scepticism in Lebanon’s wider political circles, the city. Only women over 55 and men over 60 can by a Jewish settler. Worshippers have also been dinars), on charges of slandering Islam through his thus casting doubt on whether the country is indeed request a permit to enter Jerusalem to pray in the al- attacked while praying in the al-Aqsa mosque use of Qur’anic verses in a book of love poetry. He ready to part with its confessional political system. Aqsa mosque. Since I am under the age of 55, I have in occupied East Jerusalem, and the Church of was released on bail pending an appeal of the Court Sectarian tensions continue to underlie Lebanon’s not been able to enter Jerusalem in years.’ Nativity in Bethlehem was under siege for several of First Instance’s ruling. fragile balance of power. The assassination of weeks in 2002. So, the issue really is the occupa- Although the government does not recognize Lebanon’s Sunni Prime Minister, Rafik Hariri, Prompted to talk about how this makes her feel, tion. It is not just about removing a few check- the Druze religion or the Baha’i faith, it does not in February 2005 created a rivalry between pro- Lubna said: points or allowing access to one holy site or another. prohibit their practice. They are, however, identi- Syrian political groups (otherwise known as the It is about putting an end to the illegal Israeli fied in official government papers as Muslims, or March 8 Alliance), and pro-Western political parties ‘I feel that my basic freedoms and rights are violated. military occupation of the West Bank and East a space/dash is marked under the religion field. (otherwise known as the March 14 Alliance). The I am denied the right to freedom of movement and, Jerusalem.’ p Furthermore, Baha’i marriages are not recognized March 8 Alliance consists mainly of the Hezbollah and they are thus unable to get birth certificates for and Amal Shi’ite groups, and followers of the Free their children. They are also prohibited from reg- Patriotic Movement’s Maronite leader Michel

190 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 191 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Aoun, while the March 14 Alliance consists of the confusion, and to the increasing level of hostility traditions) are the country’s Constitution. Arabic is government in order to build a new mosque. Sunnis Future Movement led by Saad Hariri, the son of the towards Lebanon’s Jewish community. In April its sole official language. The government’s official do not need the government’s approval to construct slain prime minister, and the Lebanese Forces led by 2009, Interior Minister Ziad Baroud submitted interpretation of Islam is derived from the teachings new mosques. The government was reported to Maronite leader Samir Geagea. A tight race during a proposal to the cabinet to amend legislation by of an eighteenth-century Sunni religious scholar, have denied Shias permission to construct or register the parliamentary elections of 7 June 2009 ended referring to ‘Jewish Lebanese’ citizens instead of Ibn Abd’Al-Wahhab, and is otherwise known as community centres. with the victory of the March 14 Alliance and the ‘Israelis’. Wahhabism. Freedom of religion is not explicitly Hostility towards Saudi Arabia’s Shia community appointment of Saad Hariri as prime minister. After The government does not, however, require protected under the law and is severely restricted led to clashes between Shias and the CPVPV in five months of intense negotiations with the opposi- citizens’ religious affiliations to be indicated on in practice. Non-Muslims and many Muslims who Medina in February 2009. The clashes triggered a tion, Hariri was finally able to form a national unity their passports. A circular issued by the Ministry of have not espoused Wahhabism are only allowed wave of unrest, resulting in the arrest of dozens of government on 10 November 2009. He also made Interior on 11 February 2009 removed the require- to practise their religion in private. Their right people. To restore calm, King Abdullah released all a landmark visit to Syria in December 2009, which ment to inscribe a citizen’s religious affiliation on to worship is not, however, defined in law and it the detainees but the situation remains volatile. marked the end of five years of animosity between national identity cards and civil registry records. is not always respected. The Commission for the Damascus and the March 14 Alliance, led by Hariri. HRW viewed this move as a step in the right direc- Promotion of Virtue and the Prevention of Vice Syria Although its confessional distribution of public tion, while noting that further steps were needed (CPVPV), Saudi Arabia’s ‘religious police’, charged The majority of Syria’s population is Sunni offices may be viewed as inherently discrimina- for Lebanon to meet its international human rights with monitoring social behaviour and enforcing Muslim (74 per cent). The country is also home tory, Lebanon’s government generally respects obligations. USCIRF 2009 highlighted the dis- Wahhabi principles of morality, continues to con- to a number of other Muslim groups, including religious rights. Lebanon’s Constitution protects advantaged status under the law of unrecognized duct raids on private non-Muslim religious gather- Alawites, who are a sect of Shia Islam, Ismailis and religious freedom and the freedom to practise all religious groups, such as Baha’is, Buddhists and ings, USCIRF 2009 recorded. It documented cases Shia. Together they constitute 13 per cent of the religious rites, provided that the public order is not Hindus, who are required to register as part of where the CPVPV also harasses women, especially population. Druze account for another 3 per cent of disturbed. Religious groups are, however, legally another recognized religious organization in order to foreign Muslim women, for failure to observe strict the population, while various Christian groups make required to register with the government in order marry, divorce or inherit property in Lebanon. dress codes, particularly failure to wear headscarves. up the remaining 10 per cent. There is also a small to conduct most religious activities. There are 18 According to UNRWA, Lebanon is home to Further, USCIRF 2009 noted that Muslims who Yezidi community of 30,000 members and between officially recognized religious groups in Lebanon. about 422,000 Palestinian refugees, or an estimated do not adhere to the government’s interpretation 100 and 200 Jews. The two largest Muslim groups are Sunnis (28 per 10 per cent of the population. These refugees con- of Sharia also faced ‘significant political, economic, There is no official state religion. The cent of the population) and Shias (28 per cent of tinue to be denied basic social and civil rights, such legal, social, and religious discrimination, including Constitution requires, however, that the president the population), according to the most recent demo- as the right to own property. Considered as foreign- limited employment and educational opportuni- be Muslim and stipulates that Islamic jurisprudence graphic study conducted by Statistics Lebanon, a ers under Lebanon’s current labour law, they are ties, under-representation in official institutions, should be a principal source of legislation (Article Beirut-based research firm. There is also a smaller prohibited from working in any syndicated profes- and restrictions on the practice of their faith and on 3). President Bashar al-Assad and his family are community of Alawites and Ismailis. Christians sion. This has forced many Palestinian refugees to the building of places of worship and community Alawites while his wife is a Sunni Muslim. make up over a third of the population (21.5 per work illegally, rendering them vulnerable to exploi- centers.’ The largest group affected is Saudi’s Shia Syria’s Constitution protects religious freedom cent are Maronites, 8 per cent are Greek Orthodox tation and discrimination. The Lebanese Palestinian minority. Shias face systematic discrimination in and guarantees religious minorities the right to hold and another 4 per cent are Greek Catholic), while Dialogue Committee (LPDC), established in education, employment, political representation, any religious rites, provided that they do not dis- Druze amount to 5 per cent. Lebanon is also home 2005 by the Lebanese Council of Ministers, has religious practice and the media. The government turb the public order (Article 35). Notwithstanding to a declining Jewish minority, which is now esti- recently submitted a detailed plan to the govern- was reported to discriminate against Shias in the these constitutional guarantees, the government has mated to have just 100–150 members. ment reforming Lebanese labour law to facilitate selection process for students, professors and admin- imposed some restrictions on the freedom to wor- Lebanon’s Jews have been without a place of wor- Palestinian employment. The plan is still being istrators at public universities. Shia students also ship. The government continues to outlaw Jehovah’s ship since Israeli shelling destroyed their synagogue reviewed by the government. experienced intolerance within the primary and sec- Witnesses and forbids them from drawing attention in 1982. Plans to repair the capital’s remaining ondary school systems. There are few Shias in high- to their activities. The government also discourages synagogue were suspended in 2009 as funding failed Saudi Arabia level positions in government-owned companies or proselytizing and does not recognize the religious to materialize, thus forcing the Lebanese Jewish As with most countries in the Gulf region, Saudi in government agencies. Shias are also under-repre- status of Muslims who convert to Christianity. Community Council to appeal to the international Arabia is home to a large expatriate community. sented in senior government positions. Interestingly, however, the government has allowed community for help to carry on the work. About 10 million foreigners, nearly half the country’s Many Shias are also subjected to systematic Shia missionaries to construct mosques and con- Israel’s military assault on the Gaza Strip, along population, reside in various parts of the Kingdom. religious discrimination. The Ministry of Islamic vert Sunnis. USCIRF 2009 noted that this type of with anti-Israeli literature published and distrib- There are no official statistics of the religious Affairs Endowments Da’wa and Guidance (MOIA) missionary activity was not considered as proselyt- uted mainly by Hezbollah, have served to blur the denominations of foreigners. They include Hindus, does not supervise or finance the construction izing because the government does not distinguish lines between Israelis and Jews. USCIRF 2009 Christians, Sikhs and Muslims. As for Saudi’s citi- and maintenance of Shia mosques, unlike Sunni between Islamic sects. reported continued acts of vandalism committed zens, 85–90 per cent of them are Sunni Muslim, mosques. Shias are thus forced to rely entirely on Religious laws continue to govern the marriages against a Jewish-owned cemetery in downtown while the remaining 10–15 per cent are Shia. private contributions to construct their mosques. and divorces of the respective religious communities. Beirut. Government documents referring to Jewish According to the Kingdom’s Basic Law, the They are also required to obtain the permission of According to USCIRF 2009, government-appointed Lebanese citizens as ‘Israelis’ have added to this Qur’an and the Sunnah (the Prophet’s sayings and the MOIA, the local municipality and the provincial religious judges have applied Sharia-based personal

192 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 193 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Left: A congregation of Christian women during rebellion against the government before being killed Sunday prayer in Kamishli church, Syria. Alfredo in 2004. The rebels denounce years of discrimination Caliz/Panos. against the minority Shia community in the north. The Yemeni government accuses the Houthis of its sole official language. The Constitution does wanting to re-establish imamate rule and seeking not provide explicit protections to religious or eth- the autonomy of the northern Sa’adah province. To nic minorities. Muslims and followers of religious quash these aspirations, the government launched groups other than Islam are free to worship accord- an offensive against the rebel group in August 2009. ing to their beliefs. The government does, however, Fighting escalated again in November, when some forbid conversion from Islam and the proselytizing Houthis infiltrated Saudi Arabia, drawing it into the of Muslims. According to statistics released by the conflict. At the end of the year, there were reports UN news agency IRIN, Yemen’s population is pre- that the militant group’s leader, Abdul-Malik al- dominantly Muslim Arab, with Sunnis constituting Houthi, had been severely wounded by Yemeni 53 per cent of the population and Zaydi Shias 45 government forces. The fighting was ongoing in per cent. January 2010. p Once a sizeable minority of 50,000–60,000 people, the majority of Yemeni Jews were flown to Israel after its establishment in 1948 as part of an international airlift known as ‘Operation Magic Carpet’. The lifting of a subsequent travel ban in 1991 prompted about 1,200 Jews to emigrate, mainly to Israel. Only 370 Jews remain in Yemen today and their numbers are in steady decline. The majority of Yemen’s Jews reside in Amran, a region in the north of the country, and there is a smaller community of about 60 Jews in the Yemeni capital Sana’a. At least two functioning synagogues remain in the Amran Governorate. Hostility towards the country’s small Jewish com- status law in a manner that discriminates against religious schools or institutes. According to Syria munity has increased over the years. NGOs and women. Syria’s civil rights movements scored a minor Today, it is, however, closely monitoring their community organizations have reported incidents victory, however, when, in July 2009, the Presidency sources of funding and has severed any ambiguous of threats and murder. Although the perpetrator of of the Council of Ministers dismissed a personal ties between charitable trusts and educational insti- one such crime was eventually sentenced to death status draft law proposed by religious conservatives tutions. in June 2009, the government’s inability to pro- and reversing progressive thinking on women’s and Syria is also home to ethnic minorities, including tect this endangered community adequately from children’s rights. In November 2009, media reported Kurds and Palestinians. Syria’s Kurds have faced increased threats by Muslim extremists is reportedly that the draft law was returned to the Ministry of discrimination for decades. According to the UN forcing Yemen’s remaining Jews to emigrate. In Justice and is currently under revision. news agency IRIN, an estimated 220,000 have not October 2009, the Wall Street Journal, the US-based Although the government allows the various reli- been granted citizenship, thus prohibiting them international daily newspaper, published a report gious minority groups to worship freely, it closely from owning property and severely limiting their on a secret mission to bring some of Yemen’s last monitors the activities of the Muslim Brotherhood access to education and public sector jobs. Kurdish remaining Jews to the United States. About 60 and Salafist movements. The government has been parties remain outlawed and the government con- Yemeni Jews have resettled in the US since July homing in on Islamist groups, since an armed tinues to arrest individuals actively engaged in them. 2009. Officials have indicated that another 100 attack at a Shia shrine in September 2008 left 17 Government-run schools also prohibit Kurdish stu- could follow. people dead. In January 2009, media reported that dents from learning in their native tongue, although North Yemen faced what the UN described as the Syrian government began a comprehensive they are allowed to speak Kurdish in public. a ‘humanitarian catastrophe’, with the number of overhaul of its regulation of Islamic schools after displaced reaching 250,000 over the six-year conflict it was revealed that one of the persons behind the Yemen between the government and al-Houthi rebels. The September attack had studied at a local religious According to the Constitution of the Republic of militant group consists of followers of the late rebel institute. The government has not yet closed any Yemen, Islam is the religion of the state and Arabic cleric Hussein Badr Eddine al-Houthi, who led a

194 Middle East State of the World’s Minorities State of the World’s Minorities Middle East 195 and Indigenous Peoples 2010 and Indigenous Peoples 2010 A decrease in conflict in Sudan’s Darfur region Peoples under and the recent signing of a peace accord between the government and the Justice and Equality Movement, Threat 2010 the main rebel faction, have given rise to new hopes Mark Lattimer for the human rights situation in Sudan. However, the primary threat now moves to the country’s south. Introduction A re-ignition of the north–south war, which until Over the last five years, Peoples under Threat has 2005 was Africa’s longest conflict and claimed some 2 pioneered the use of statistical analysis to identify million lives, could be catastrophic. The last year has situations around the world where communities are seen clashes in disputed areas and thousands of deaths at risk of mass killing. The Peoples under Threat in Jonglei from inter-ethnic fighting – fuelled by the index is created from a basket of ten indicators, all Sudanese government, the south alleges. In Sudan’s known antecedents to mass violence. On numerous spring elections, a partial boycott by the Sudan occasions in those five years, countries that have People’s Liberation Movement, the main party in the risen sharply up the table have later proved to be the south, has further heightened tensions. In the run- scene of gross human rights violations. up to a referendum on independence for the south But there is perhaps one factor which more than in 2011, it is reported that both sides are re-arming. any other can indicate a propensity to mass killing. Sudan, which in recent years fell from 2nd place to It is a crude pointer, but one which is nonetheless 3rd in the Peoples under Threat table, has now risen often overlooked in the scramble for geo-political again, with the new risk coming in particular to the alliances or even sometimes in the name of reconcil- peoples of the south, including the Dinka and Nuer. Reference iation: those governments who are most likely to kill Perhaps the most startling riser in the table this their own people are those who have done it before. year is the Russian Federation, which has risen seven places. Although under-reported, conflict has esca- The risk from past offenders lated again both in Chechnya and in the neighbour- The list of states that have risen most prominently ing Russian republics of Ingushetia and Dagestan. in the Peoples under Threat table this year (see table In March 2010, suicide bombers believed to be below) highlights this problem of recidivism. It from the North Caucasus killed 39 people on the includes a number of states which have been the scene Moscow underground, prompting Prime Minister of past violence, and whose fall down the risk register Vladimir Putin to vow that the security services in recent years has now suddenly been reversed. would scrape those responsible from the bottom of

Major risers since 2009

Rank Rise in rank Country Group Total since 2009

2 1 Sudan Dinka, Nuer and others in the South; Fur, 21.95 Zaghawa, Massalit and others in Darfur; Nuba, Beja 16 7 Russian Chechens, Ingush and others in North Caucasus; 15.57 Federation indigenous northern peoples, Roma, Jews 17 2 Philippines Indigenous peoples, Moros (Muslims), Chinese 14.82 20 5 Yemen Zaydi Shia 14.35 26 3 Equatorial Guinea Bubi, Annobon Islanders 13.39 27 6 Georgia Adzhars, Abkhazians, South Ossetians 13.37 36 17 Thailand Chinese, Malay-Muslims, Northern Hill Tribes 12.35 42 7 China Tibetans, Uighurs, Mongols, Hui, religious minorities 11.77 49 11 Venezuela Indigenous peoples, Afro-descendants 11.10 51 New entry Mauritania Haratins (‘Black Moors’), Kewri 10.97

State of the World’s Minorities Reference 197 and Indigenous Peoples 2010 the sewers. The combination of circumstances is of Xinjiang, pointing to the presence of Uighur fight- sity of negotiating with tribal leaders, but the appall- ple or mass killings, are ongoing. dangerously close to those that prevailed in 1999 ers in the Afghanistan war. In July 2009, a protest in ing human cost of the war on civilians continues to Despite claims of recent progress, Somalia and before the start of the second Chechen war, which Urumqi led to days of rioting and violence between radicalize new generations of people who face grind- Iraq remain entrenched in the top three. In Somalia, caused the deaths of at least 25,000 civilians. Uighurs and China’s majority Han, millions of ing poverty and a lack of other economic or political the Bantu minority and the Gaboye or occupational Russia’s influence is also a central factor in the whom have moved to Xinjiang in state-sponsored opportunity. ‘caste’ groups have both fared very badly in the coun- continued rise to the threat level in Georgia, which migration. Nearly 200 people were killed in the vio- In Thailand, which has risen 17 places in the try’s long-running conflict, a long history of marginal- has jumped a further six places in the table this year. lence; dozens of Uighurs later disappeared in a wave table, political demonstrations in the capital have ization being compounded by the lack of any effective Tensions between the two countries over Georgia’s of arrests by the Chinese authorities. captured international attention. But the greatest security protection. In a war which rarely makes the breakaway republics of Abkhazia and South Ossetia threat of violence against civilians comes in the front pages, they are truly Somalia’s forgotten people. has remained high. An independent fact-finding mis- Ethnic wars, religious wars? country’s south, where a state of emergency has But other communities remain at risk too, including sion sponsored by the EU concluded in September The perspectives of the post-9/11 world have recast been in force since 2005 in response to the chal- from the inter-clan rivalry that has taken so many 2009 that the 2008 war between Russia and Georgia as wars of religion minority struggles that are in lenge from Malay-Muslim separatists. Credible alle- Somali lives in recent decades. had been triggered by the Georgian offensive against many cases decades old. Whether in South Sudan, gations of widespread torture against Muslims have In Iraq, a welcome decline in Sunni–Shia violence, South Ossetia, but found violations of international the North Caucasus, Mindanao, Yemen or Xinjiang, been denied by the government, but some 4,000 and the formation of more plural political groupings law committed by both sides. The prospects for tens there is a tendency, particularly in the United States, people have died in a conflict whose roots, once in the recent elections are all cause for hope. But ten- of thousands of displaced ethnic Georgians from to highlight the religious aspects of situations which again, lie in grievances about regional economic sion between Kurds and Arabs over disputed territo- both South Ossetia and Abkhazia in particular appear only a few years ago were regularly described as eth- underdevelopment and political exclusion. ries in the north now means that Nineveh and Kirkuk grim. There have been few reports of human rights nic conflicts. In fact, it could be argued that both have become Iraq’s most dangerous governorates. It is violations against ethnic Russians in Georgia, but ethnic and religious differences have primarily been Those at greatest risk here that many of the smaller minority communities stunts such as the simulated news report of a Russian abused by politicians – national and international Highlighting the states that have risen in the table, live. Chaldo-Assyrians, Shabak, Turkmen and Yezidis invasion broadcast by Georgian television in March – either to mobilize or to stigmatize particular com- where there are new or increased threats, should not, have all suffered violent attacks in the last year and 2010 have not improved the atmosphere. munities, and that the real roots of such conflicts lie however, detract attention from those states that have remain at grave risk of mass displacement. Across the globe, another old conflict threatens not in religious ideology but in peoples’ long-term remained at the head of the table, where peoples to escalate once more in the Philippines. Failure of economic marginalization and their aspirations for face the greatest threats. In Somalia, Iraq, Burma/ Can international justice help? a peace deal between the government and Muslim greater autonomy over their own affairs. Myanmar and the Democratic Republic of Congo, as On 4 March 2009 the International Criminal Court separatists in Mindanao led to renewed military This point should be carefully borne in mind well as in some of the states already discussed, gross (ICC) issued an arrest warrant for the President of operations in 2009. Fifty-seven people on their way should widespread conflict return to these parts violations of the rights of minorities, including multi- Sudan, Omar al-Bashir, on charges of war crimes and to file election papers were killed in a massacre in of the world. There are clear dangers inherent in November. Some peace talks have resumed with the exaggerating the religious nature of community return of international monitors, but the prolifera- divisions. For one thing, since 9/11 governments of tion of different armed groups in conflict with the every political hue have become adept at justifying Peoples most under threat – highest rated countries 2010 Phillipines army, and violence associated with the the violent repression of minorities, particularly scheduled elections in May 2010 both pose threats to but not exclusively Muslim minorities, under the Rank Country Group Total communities in Mindanao. banner of the ‘war on terrorism’. At the same time, In both the Philippines and in Yemen, which for governments or the international community to 1 Somalia Bantu; Gabooye (Midgan) and other ‘caste’ groups 23.63 uniquely have risen in the ranking four years in a see complex conflicts primarily through a religious 2 Sudan Dinka, Nuer and others in the South; Fur, Zaghawa, 21.95 row, parts of the armed opposition have been linked lens suits the agenda of Islamic extremists, who can Massalit and others in Darfur; Nuba, Beja with al-Qaeda, drawing international attention. The claim impacts far beyond their often very limited 3 Iraq Shia, Sunnis, Kurds, Turkmen, Christians, Mandaeans, 21.90 Yemeni government called on the West for more help military capacities. Finally, and perhaps most wor- Yezidis, Shabak, Faili Kurds, Baha’is, Palestinians to fight al-Qaeda at the end of the year, although ryingly, if governments behave as if conflicts are 4 Afghanistan Hazara, Pashtuns, Tajiks, Uzbeks, Turkmen, Baluchis 21.39 its greater security concerns stem from the conflict all about religion, then increasingly they become 5 Burma/Myanmar Kachin, Karenni, Karen, Mons, Rakhine, Rohingyas, 21.06 with al-Houthi rebels in the north, a group pushing about religion. And once religious divisions become Shan, Chin (Zomis), Wa for autonomy for the Zaydi Shia community. With entrenched, conflicts can be much harder to resolve. 6 Pakistan Ahmaddiya, Balochis, Hindus, Mohhajirs, Pashtuns, 20.55 fresh fighting in September, aid agencies warned All these factors are apparent in the continu- Sindhis, other religious minorities the country was facing a ‘full-blown humanitarian ing conflict in Afghanistan and the tribal areas of 7 Dem. Rep. of the Congo Hema and Lendu, Hunde, Hutu, Luba, Lunda, Tutsi/ 19.91 crisis’. Cross-border incursions prompted the military Pakistan, where MRG has reported that the local Banyamulenge, Twa/Mbuti involvement of Saudi Arabia in November. Some Pashtun community, as well as smaller minorities, 8 Ethiopia Anuak, Afars, Oromo, Somalis, smaller minorities 19.23 250,000 people are internally displaced. have suffered mass displacement and serious human 9 Nigeria Ibo, Ijaw, Ogoni, Yoruba, Hausa (Muslims) and 18.58 China has also highlighted the influence of radical rights violations as a result of military operations. Christians in the North Islam on Uighur separatists in the autonomous region US and NATO forces have long admitted the neces- 10 Chad ‘Black African’ groups, Arabs, Southerners 18.15

198 Reference State of the World’s Minorities State of the World’s Minorities Reference 199 and Indigenous Peoples 2010 and Indigenous Peoples 2010 crimes against humanity in Darfur. The prosecu- of the ‘serious allegations’. And in Kenya, where over tor’s decision to seek an open warrant against Bashir 1,200 people were killed in inter-ethnic violence after and political mass murder (politicide). The six particular groups and, in extreme cases, prior followed the failure of the Sudanese government the 2007 elections, failure by the Kenyan govern- preconditions are: political upheaval; previous experience of mass killing. Egregious episodes of to enforce arrest warrants against two more junior ment to put those responsible on trial has prompted genocides or politicides; exclusionary ideology of mass killing targeted principally at one group have Sudanese leaders accused over Darfur. Eliciting a the ICC to approve the opening of a formal inves- the ruling elite; autocratic nature of the regime; also seen other groups deliberately decimated or storm of controversy, the prosecutor’s move could be tigation. The Kenyan government announced in minority character of the ruling elite; and low destroyed. seen in the light of his oft-repeated comments that November that it will cooperate. trade openness. However, some groups may experience higher the ICC has a role not just in securing justice for past The Russian government called the Bashir war- Minority Rights Group International (MRG) levels of discrimination and be at greater risk crimes but also in deterring future abuses. rant ‘a dangerous precedent’. Like two other perma- has drawn on these research findings to construct than others in any given state. MRG has identi- Can the threat of being held accountable before nent members of the UN Security Council, the US the Peoples under Threat table, although respon- fied those groups in each state that we believe the ICC stay the hand of Sudan’s leaders over this and China, Russia has not ratified the ICC Statute, sibility for the final table is exclusively our own. to be under most threat. (This does not mean defining year for the country’s future? In particular, making its leaders harder to prosecute if they com- Peoples under Threat is specifically designed that other groups, or indeed the general popula- can the sort of mass killings that characterized the mit war crimes. But that does not mean that the to identify the risk of genocide, mass killing or tion, may not also be at some risk.) It should Darfur conflict and the earlier north–south war be Russian government is entirely immune from the other systematic violent repression, unlike most be noted that, although these groups are most averted? It is not only in Sudan that such questions processes of international justice, at least in its civil other early warning tools, which focus on violent often minorities, in some cases ethnic or religious will be put this year. Ever since it became appar- form. In a series of damning judgments this decade, conflict as such. Its primary application is civilian majorities will also be at risk and in relevant cases ent in 2003 that the ICC’s first cases would be in the European Court of Human Rights has censured protection. are therefore also listed in the table. In some cases, the DRC, discussion of the Court’s next move has Russia for gross violations of human rights com- Indicators of conflict are included in the table’s all the groups in the country are at risk of ethnic become a feature of Congolese politics. While four mitted during the second Chechen war, confirming construction, however, as most, although not all, or sectarian killing. Congolese warlords are currently facing trial in the that the obligation to respect the right to life that episodes of mass ethnic or religious killing occur One indicator that has been tested and discarded Hague, another high-profile indictee remains at prevails in peacetime cannot simply be ignored during armed conflicts. War provides the state of by a number of studies is the general level of ethnic large, fighting in the current conflict in the Kivus as when a state faces a military threat. emergency, domestic mobilization and justifica- or cultural diversity in a society. Krain did not find a general in the Congolese army. The potential deterrent effect of international tion, international cover and, in some cases, the any correlation between ‘ethnic fractionalization’ Guinea, which suddenly rose eight places in the justice is still hard to gauge. Some of the key mecha- military and logistic capacity, that enable mas- and the onset of genocide or political mass killing. Peoples under Threat table last year, was later the nisms are new, particularly with regard to criminal sacres to be carried out. Some massacres, however, Similarly, neither of the patterns of ethnic diversity scene of what the UN High Commissioner on law, and the evidence base is small. But as mass occur in peacetime, or may accompany armed tested by Harff had any effect on the likelihood of Human Rights described as a ‘bloodbath’, as over violence threatens to return to some of the most conflict from its inception, presenting a problem mass killing (although she did find the minority 150 people were massacred at a demonstration in notorious past killing grounds, this year will be a to risk models that focus exclusively on current character of the ruling elite to be significant). These September. The ICC confirmed within a month that signal test. conflicts. In addition, severe and even violent findings are supported by research on the relation- its prosecutor had begun a preliminary examination repression of minorities may occur for years before ship between diversity and conflict. the onset of armed conflict provides the catalyst The overall measure is based on a basket of ten for larger-scale killing. indicators. These include indicators of democ- The statistical indicators used all relate to racy or good governance from the World Bank, How is Peoples under Threat calculated? ing armed conflict or political instability and the the state. The state is the basic unit of enquiry, conflict indicators from the Center for Systemic Since the genocide in Rwanda in 1994, our ability onset and severity of mass killing. rather than particular ethnic or religious groups Peace and other leading global conflict research to identify those situations most likely to lead to Following the early work of the Clinton admin- at risk, as governments or militias connected to institutes, indicators of group division or elite genocide or mass killing has improved. A number istration’s policy initiative on genocide early the government are responsible for most cases of factionalization from the Fund for Peace and the of comparative studies of the factors preceding warning and prevention, Professor Barbara Harff, genocidal violence. Formally, the state will reserve Carnegie Endowment for International Peace, historic episodes of political mass killing had a senior consultant with the US State Failure to itself the monopoly over the means of violence, the State Failure Task Force data on prior geno- been undertaken since the 1970s, including by Task Force, constructed and tested models of the so that where non-state actors are responsible for cides and politicides, and the country credit risk Helen Fein and Ted Robert Gurr, but it was not antecedents of genocide and political mass murder widespread or continued killing, it usually occurs classification published by the Organisation for until the 1990s that researchers such as Rudolf and her results were published in 2003 (‘Assessing with either the complicity of the state or in a Economic Co-operation and Development (as a Rummel and Matthew Krain pioneered quantita- Risks of Genocide and Political Mass Murder ‘failed state’ situation where the rule of law has proxy for trade openness). For citations and fur- tive longitudinal analysis of a wide range of such since 1955’, American Political Science Review 97, disintegrated. Certain characteristics at the level ther information, see the notes to the table. For a factors, enabling the testing of different causal February 2003). Her optimal model identifies six of the state will greatly increase the likelihood of fuller discussion of the methodology, see State of hypotheses. Rummel, for example, showed the preconditions that make it possible to distinguish, atrocity, including habituation to illegal violence the World’s Minorities 2006. very strong relationship between concentration with 74 per cent accuracy, between internal wars among the armed forces or police, prevailing Based on current indicators from authoritative of government power and state mass murder; and regime collapses in the period 1955–1997 impunity for human rights violations, official sources, Peoples under Threat seeks to identify those Krain demonstrated the correlation between exist that did, and those that did not, lead to genocide tolerance or encouragement of hate speech against groups or peoples most under threat in 2010. p

200 Reference State of the World’s Minorities State of the World’s Minorities Reference 201 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Country Group Conflict indicators Indicators of group division Democracy/governance indicators Total

A. Self- B. Major C. Prior genocide/politicide D. Massive E. Legacy of F. Rise of G. Voice and H. Political I. Rule of law J. OECD Table 1 determination armed conflict movement – vengeance factionalized accountability stability country risk conflicts refugees and – group elites classification Peoples under threat 2010 IDPs grievance

Somalia Bantu; Gabooye (Midgan) and 4 2 1 9.9 9.7 10 -1.85 -3.28 -2.690 7 23.63 other ‘caste’ groups

Sudan Dinka, Nuer and others in the 5 2 1 9.8 9.9 9.5 -1.77 -2.44 -1.500 7 21.95 South; Fur, Zaghawa, Massalit and others in Darfur; Nuba, Beja

Iraq Shia, Sunnis, Kurds, Turkmen, 5 2 1 8.9 9.7 9.6 -1.26 -2.69 -1.870 7 21.90 Christians, Mandaeans, Yezidis, Shabak, Faili Kurds, Baha’is, Palestinians

Afghanistan Hazara, Pashtuns, Tajiks, Uzbeks, 4 2 1 8.9 9.6 9.1 -1.26 -2.64 -2.010 7 21.39 Turkmen, Balochis

Burma/ Myanmar Kachin, Karenni, Karen, Mons, 5 2 1 8.8 8.9 8.7 -2.24 -1.56 -1.480 7 21.06 Rakhine, Rohingyas, Shan, Chin (Zomis), Wa

Pakistan Ahmaddiya, Balochis, Hindus, 5 2 1 8.6 9.6 9.6 -1.01 -2.61 -0.920 7 20.55 Mohajirs, Pashtuns, Sindhis, other religious minorities

Dem. Rep. of the Congo Hema and Lendu, Hunde, Hutu, 2 2 1 9.6 8.9 8.7 -1.48 -2.34 -1.680 7 19.91 Luba, Lunda, Tutsi/Banyamulenge, Twa/Mbuti

Ethiopia Anuak, Afars, Oromo, Somalis, 5 2 1 8 8.2 8.8 -1.3 -1.79 -0.600 7 19.23 smaller minorities

Nigeria Ibo, Ijaw, Ogoni, Yoruba, Hausa 5 2 1 5.3 9.7 9.6 -0.6 -2.01 -1.120 6 18.58 (Muslims) and Christians in the North

Chad Black African groups, Arabs, 3 2 0 9.4 9.8 9.8 -1.45 -1.92 -1.570 7 18.15 Southerners

Israel/OPT Palestinians in Gaza/West Bank, 5 2 0 8 9.3 8.0 -0.94 -1.76 -0.810 8 17.73 Israeli Palestinians

Zimbabwe Ndebele, Europeans, political/ 2 0 1 9.1 9.1 9.5 -1.52 -1.56 -1.810 7 16.88 social targets

Sri Lanka Tamils, Muslims 4 1 1 9.3 9.8 9.2 -0.44 -2.04 0.010 6 16.19

Iran Arabs, Azeris, Baha’is, Balochis, 5 0 1 8.5 7.6 9.1 -1.48 -1.06 -0.800 6 15.79 Kurds, Turkmen

Central African Republic Kaba (Sara), Mboum, Mbororo, 0 2 0 9 8.6 9.5 -1.00 -1.77 -1.440 7 15.60 Aka

Russian Federation Chechens, Ingush and others 5 2 1 5.9 7.5 8.0 -0.97 -0.62 -0.910 4 15.57 in North Caucasus; indigenous northern peoples, Roma, Jews

Philippines Indigenous peoples, Moros 5 2 1 6.3 7.5 7.9 0.2 -1.41 -0.490 4 14.82 (Muslims), Chinese

Burundi Hutu, Tutsi, Twa 0 1 1 8.1 7.5 7.7 -0.66 -1.43 -1.070 7 14.67

Cote d’Ivoire Northern Mande (Dioula), 0 1 0 7.8 9 8.5 -1.24 -1.91 -1.520 7 14.51 Senoufo, Bete, newly settled groups

Yemen Zaydi Shia 0 2 0 7.9 7.7 9.0 -1.18 -1.89 -0.930 6 14.35

Lebanon Druze, Maronite Christians, 2 1 0 9 9.2 9.1 -0.4 -1.94 -0.730 7 14.25 Palestinians, Shia, Sunnis

Angola Bakongo, Cabindans, Ovimbundu, 4 0 1 7 6.1 7.3 -1.07 -0.43 -1.280 6 13.93 Pastoralists, San and Kwisi

Nepal Madheshis (Terai), Dalits, linguistic 2 1 0 6.8 8.7 8.4 -0.79 -1.69 -0.760 7 13.85 minorities

202 Reference State of the World’s Minorities State of the World’s Minorities Reference 203 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Country Group Conflict indicators Indicators of group division Democracy/governance indicators Total

A. Self- B. Major C. Prior genocide/politicide D. Massive E. Legacy of F. Rise of G. Voice and H. Political I. Rule of law J. OECD Table 1 Cont... determination armed conflict movement – vengeance factionalized accountability stability country risk conflicts refugees and – group elites classification Peoples under threat 2010 IDPs grievance

Uganda Acholi, Karamojong 1 1 1 9.3 8 8.2 -0.47 -0.88 -0.510 6 13.61

Indonesia Acehnese, Chinese, Dayaks, 4 1 1 6.7 6.3 7.3 -0.14 -1.00 -0.660 5 13.56 Madurese, Papuans

Equatorial Guinea Bubi, Annobon Islanders 2 0 1 2 6.8 8.6 -1.89 0.09 -1.310 7 13.39

Georgia Adzhars, Abkhazians, South 5 1 0 8.3 8.5 8.9 -0.25 -1.00 -0.340 6 13.37 Ossetians

Bosnia and Herzegovina Croats, Bosniac Muslims, Serbs, 4 0 1 7.2 8.2 8.7 0.000 -0.57 -0.350 7 13.31 Roma

Guinea Fulani, Malinke 0 0 0 7.1 8.2 9.2 -1.32 -1.91 -1.600 7 13.29

Colombia Political/social targets, Afro- 3 2 0 9.2 7.2 8.0 -0.26 -1.66 -0.500 4 12.99 descendants, indigenous peoples

Syria Kurds 0 0 1 9.2 8.2 7.8 -1.75 -0.56 -0.540 6 12.80

Haiti Political/social targets 0 1 0 5.8 7.3 8.3 -0.71 -1.39 -1.350 7 12.64

Algeria Berbers, Sahrawi 2 1 1 6.7 7.7 6.7 -1.05 -1.15 -0.700 3 12.54

Laos Hmong, other highland peoples 4 0 0 5.9 7 8.3 -1.71 -0.01 -0.900 7 12.53

Serbia Ethnic Albanians, Croats, Roma, 4 0 1 7.3 7.9 7.9 0.190 -0.50 -0.460 6 12.37 Ashkali, Serbs and other minorities in Kosovo

Thailand Chinese, Malay-Muslims, Northern 5 2 0 6.5 8 8 -0.56 -1.19 0.030 3 12.35 Hill Tribes

Rwanda Hutu, Tutsi, Twa 0 0 1 6.9 8.7 8.0 -1.24 -0.14 -0.500 7 12.19

Eritrea Afars, Saho, Tigre, religious 0 0 0 7 5.8 7.7 -2.2 -0.84 -1.240 7 12.07 minorities

Turkey Kurds, Alevis, Roma, Armenians 5 2 0 6.6 7.7 7.8 -0.19 -0.73 0.090 4 12.01 and other Christians

Uzbekistan Tajiks, Islamic political groups, 1 0 0 5.3 7.4 9.0 -1.90 -0.91 -1.180 6 11.86 religious minorities, Karakalpaks, Russians

Kenya Borana, Kalenjin, Kikuyu, Luyha, 0 1 0 9 8.6 8.8 -0.16 -1.25 -0.980 6 11.79 Luo, Muslims, Turkana, Endorois, Masai, Ogiek, other indigenous groups

China Tibetans, Uighurs, Mongols, Hui, 5 0 1 6.8 7.9 7.2 -1.72 -0.32 -0.330 2 11.77 religious minorities

Azerbaijan Armenians 4 0 0 8.2 7.9 7.9 -1.23 -0.48 -0.760 5 11.60

Niger Djerema-songhai, Hausa, Tuaregs 3 0 0 6.4 8.5 7.1 -0.41 -0.75 -0.800 7 11.50

Djibouti Afars 3 0 0 6.4 5.7 6.9 -1.12 -0.13 -0.540 8 11.46

Cambodia Cham, Vietnamese, indigenous hill 0 0 1 5.2 7 7.5 -0.94 -0.27 -1.080 6 11.32 tribes (Khmer Leou)

Cameroon Westerners 2 0 0 7.5 7.2 8.7 -1.02 -0.53 -0.990 6 11.19

Tajikistan Uzbeks, Russians 0 0 0 6.4 6.9 8.4 -1.32 -0.74 -1.120 7 11.17

Venezuela Indigenous peoples, Afro- 0 0 0 5 7 7.7 -0.62 -1.23 -1.590 7 11.10 descendants

Ecuador Afro-descendants, Indigenous 2 0 0 6.3 6.3 7.8 -0.22 -0.83 -1.230 7 11.06 peoples

Mauritania Haratins (‘Black Moors’), Kewri 0 0 0 6.2 8.2 8.0 -0.92 -0.93 -1.010 7 10.97

Bolivia Indigenous Highland, Indigenous 2 0 0 4.9 7.5 8.2 -0.01 -1.02 -1.120 7 10.96 Lowland, Afro-Bolivians

204 Reference State of the World’s Minorities State of the World’s Minorities Reference 205 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Country Group Conflict indicators Indicators of group division Democracy/governance indicators Total

A. Self- B. Major C. Prior genocide/politicide D. Massive E. Legacy of F. Rise of G. Voice and H. Political I. Rule of law J. OECD Table 1 Cont... determination armed conflict movement – vengeance factionalized accountability stability country risk conflicts refugees and – group elites classification Peoples under threat 2010 IDPs grievance

Congo (Rep.) Lari, M’Boshi, Aka 0 0 0 7.8 6.5 7.1 -1.16 -0.61 -1.160 7 10.87

Vietnam Montagnards (Degar), other 2 0 1 5.3 5.5 7.1 -1.62 0.32 -0.430 5 10.84 highland peoples, religious minorities

Kyrgyzstan Uzbeks, Russians 1 0 0 5.3 7.2 7.3 -0.72 -0.68 -1.260 7 10.84

North Korea Political/social targets, religious 0 0 0 6 7.2 7.8 -2.21 0.35 -1.060 7 10.79 minorities

Moldova Trans-Dniester Slavs 4 0 0 4.2 7.1 8.0 -0.27 -0.38 -0.460 7 10.70

Liberia Dan, Krahn, Ma, other groups 0 0 0 8 6.1 7.9 -0.29 -0.99 -1.230 7 10.55

Nicaragua Indigenous peoples, Creoles 3 0 0 5.2 6.3 7.2 -0.14 -0.39 -0.860 7 10.38

Guinea Bissau Balanta, Fula (Fulani), Manjaco 0 0 0 6.5 5.8 8 -0.79 -0.38 -1.430 7 10.36 (Manjack or Mandyako), Mandinga (Mandinka), Papel (Pepel), Ejamat (Felupe), Jola (Diola), Susu, Cape Verdeans

India Assamese, Bodos, Nagas, Tripuras, 5 2 0 4.9 7.3 6.0 0.453 -0.99 0.122 3 10.32 other Adivasis, Kashmiris, Sikhs, Muslims, Dalits

Guatemala Indigenous peoples, Garifuna 0 0 1 5.8 6.7 6.3 -0.26 -0.58 -1.100 5 10.20

Cuba Political/social targets, Afro-Cubans 0 0 0 5.9 5.5 7.1 -1.85 0.04 -0.850 7 10.12

Armenia Armenians, Yezidi Kurds, Russians, 4 0 0 7.2 6 6.9 -0.66 0.01 -0.360 6 10.11 Assyrians, Kurds, Ukrainians, Greeks

Turkmenistan Uzbeks, Russians, Kazakhs, religious 0 0 0 4.8 6.5 7.7 -2.06 0.23 -1.300 6 10.04 minorities

Belarus Poles 0 0 0 4.1 6.9 8.1 -1.60 0.45 -1.000 7 9.71

Togo Ewe, Kabre 0 0 0 6 5.8 7.3 -1.13 -0.10 -0.800 7 9.59

Sierra Leone All groups incl. Krio, Limba, 0 0 0 6.9 6.6 7.7 -0.28 -0.23 -1.030 7 9.45 Mende, Temne

Fiji East Indians, Fijians 0 0 0 4.3 7.3 8.2 -0.65 0.05 -0.520 8 9.42

Bhutan Lhotshampa, Nepalese 2 0 0 7.5 7.9 7.7 -0.73 0.89 0.37 8 9.33

Notes to Table Sources of the indicators are as follows: Self-determination conflicts in 2009 were ranked p Indicators of Group Division: Failed States Indicators were rebased as necessary to give an on a scale of 0–5 as follows: 5 = ongoing armed Index, Fund for Peace and the Carnegie equal weighting to the five categories above, p Conflict indicators: The base data used was Monty conflict; 4 = contained armed conflict; 3 = set- Endowment for International Peace, 2009. with the exception of the prior geno-/politicide G. Marshall, ‘Major episodes of political violence tled armed conflict; 2 = militant politics; 1 = p Democracy/Governance Indicators: Annual indicator. As a dichotomous variable this received 1946–2009’ (Center for Systemic Peace, 2009) conventional politics. Major armed conflicts Governance Indicators, World Bank, 2009. a lesser weighting to avoid too great a distortion and, for self-determination conflicts, Monty G. were classified as 2 = ongoing in late 2009; 1 = p OECD country risk classification: Organisation to the final ranking. Resulting values were then Marshall and Ted R. Gurr, ‘Peace and conflict emerging from conflict since 2005 or ongoing for Economic Co-operation and Development, summed. 2005’ (CIDCM, University of Maryland, 2005) conflict with deaths under 1,000. ‘Country risk classifications of the participants to updated for 2009 using figures from Center p Prior genocide or politicide: Harff, US Political the arrangement on officially supported export The full formula is: for Systemic Peace, MRG and the Heidelberg Instability Task Force (formerly State Failure Task credits’, January 2010. Where no classification is (A/2) + (B × 1.25) + (C × 2) + (D + E + F)/6 + Institute for International Conflict Research. Force). 1 = one or more episodes since 1945. given, a value of 8 was accorded. (G + H + I)/ - 1 + (J × 0.625)

206 Reference State of the World’s Minorities State of the World’s Minorities Reference 207 and Indigenous Peoples 2010 and Indigenous Peoples 2010 International International International International Convention Convention ILO 111 ILO 169 International ICC Rome African African Convention Convention Covenant Covenant on on the on the Rights Discrimination Convention Convention on Statute of the Charter on Charter on on the on the on Civil and Economic, Elimination of of the Child (Employment Concerning the Protection International Human and the Rights and Prevention and Elimination Political Rights Social and All Forms of 1989 and Indigenous of the Rights Criminal Peoples’ Rights Welfare of the Punishment of All Forms 1966 Cultural Discrimination Occupation) and Tribal of All Migrant Court 1998 2003 Child 1990 of the Crime of Racial Rights 1966 against Convention Peoples in Workers and of Genocide Discrimination Women 1979 1958 Independent Members of 1948 1965 Countries Their Families 1989 1990

Status of Africa Algeria p pu p1 p p p p p P p p ratification Angola p1 p p p p P p p of major Benin p p1 p p p p P p p p international Botswana p p p p p p p p and regional Burkina Faso p p p1 p p p p p p p p Burundi p p p p p p p p p p instruments Cameroon p p1 p p p p P P p p relevant to Cape Verde p p1 p p p p p P p p minority and Central African Republic p p1 p p p p p p P indigenous Chad p p1 p p p p p p p Comoros p p P P p p p P p p p rights Congo p p1 p p p p P p p p as of 17 February 2010 Côte d’Ivoire p p p1 p p p p P p p p Ratification, accession Democratic Republic of the Congo p p p p p p p p p or succession. Djibouti P p1 p p p p p p P P Signature not yet Egypt p p p p p p p p P p p followed by ratification. Equatorial Guinea p p1 p p p p p p

Eritrea p p p p p p P p p pu Ratification of Ethiopia p p p p p p p p p ICERD and Declaration p p p p p p p P p p p on Article 14. Gabon p p p1 p p p p p p p pU Ratification of Gambia ICERD and Signature of Ghana p p p1 p p p p p p p p Declaration on Article 14. Guinea p p p1 p p p p p p p p p1 Ratification of Guinea Bissau P P p p p p P P p p ICCPR and Optional Kenya p p p p p p p p p Protocol. Lesotho p p p1 p p p p p p p p p! Ratification of p p p! p p p p P p p p ICCPR and Signature of Liberia Optional Protocol. Libyan Arab Jamahiriya p p p1 p p p p p p p P! Signature of ICCPR Madagascar p p1 p p p p p p p and Optional Protocol. Malawi p p1 p p p p p p p

Mali p p p1 p p p p p p p p

Mauritania p p p p p p p p p

Mauritius p p1 p p p p p p p

Morocco p pu p p p p p p P

Mozambique p p p p p p P p p

Namibia p p p1 p p p p p p p

Niger p p1 p p p p p p p p

208 Reference State of the World’s Minorities State of the World’s Minorities Reference 209 and Indigenous Peoples 2010 and Indigenous Peoples 2010 International International International International Convention Convention ILO 111 ILO 169 International ICC Rome African African Convention Convention Covenant Covenant on on the on the Rights Discrimination Convention Convention on Statute of the Charter on Charter on on the on the on Civil and Economic, Elimination of of the Child (Employment Concerning the Protection International Human and the Rights and Prevention and Elimination Political Rights Social and All Forms of 1989 and Indigenous of the Rights Criminal Peoples’ Rights Welfare of the Punishment of All Forms 1966 Cultural Discrimination Occupation) and Tribal of All Migrant Court 1998 2003 Child 1990 of the Crime of Racial Rights 1966 against Convention Peoples in Workers and of Genocide Discrimination Women 1979 1958 Independent Members of 1948 1965 Countries Their Families 1989 1990

Status of Nigeria p p p p p p p p p p p Rwanda p p p p p p p p p p ratification Sahrawi Arab Democratic Republic p P of major São Tomé and Príncipe P P! P p p p P P p international Senegal p pu p1 p p p p p p p p and regional Seychelles p p p p p p p p P p p Sierra Leone p p p p p p P p p p instruments Somalia p p p P p p P relevant to South Africa p pu p1 P p p p p p p minority and Sudan p p p p p p P p p indigenous Swaziland p p p p p p p P Togo p p p1 p p p p P p p rights Tunisia p p p p p p p p P as of 17 February 2010 Uganda p p p1 p p p p p p p p p Ratification, accession United Republic of Tanzania p p p p p p p p p p or succession. Zambia p p1 p p p p p p p P Signature not yet Zimbabwe p p p p p p p P p p followed by ratification. American Additional Convention on Protocol to Human Rights the American pu Ratification of 1969 Convention on ICERD and Declaration Human Rights in the area of on Article 14. Economic, Social pU and Cultural Ratification of Rights 1988 ICERD and Signature of Americas Declaration on Article 14. Antigua and Barbuda p p p p p p p1 Ratification of p pu p1 p p p p p p p p p ICCPR and Optional Argentina Protocol. Bahamas p p p1 p p p p P p! Ratification of Barbados p p p1 p p p p p p ICCPR and Signature of Belize p p p P p p p p p Optional Protocol. Bolivia p pu p1 p p p p p p p p p P! Signature of ICCPR Brazil p pu p1 p p p p p p p p and Optional Protocol. Canada p p p1 p p p p p

Chile p pu p1 p p p p p p p p P

Colombia p p p1 p p p p p p p p p

Costa Rica p pu p1 p p p p p p p p

Cuba p p P P p p p

Dominica p p p p p p p p

210 Reference State of the World’s Minorities State of the World’s Minorities Reference 211 and Indigenous Peoples 2010 and Indigenous Peoples 2010 International International International International Convention Convention ILO 111 ILO 169 International ICC Rome American Additional Convention Convention Covenant Covenant on on the on the Rights Discrimination Convention Convention on Statute of the Convention on Protocol to on the on the on Civil and Economic, Elimination of of the Child (Employment Concerning the Protection International Human Rights the American Prevention and Elimination Political Rights Social and All Forms of 1989 and Indigenous of the Rights Criminal 1969 Convention on Punishment of All Forms 1966 Cultural Discrimination Occupation) and Tribal of All Migrant Court 1998 Human Rights of the Crime of Racial Rights 1966 against Convention Peoples in Workers and in the area of of Genocide Discrimination Women 1979 1958 Independent Members of Economic, Social 1948 1965 Countries Their Families and Cultural 1989 1990 Rights 1988

Status of Dominican Republic P p p1 p p p p p p P Ecuador p pu p1 p p p p p p p p p ratification El Salvador p p p1 p p p p p p p of major Grenada P p p p p p p international Guatemala p p p1 p p p p p p p p and regional Guyana p p1 p p p p P p Haiti p p p p p p P p P instruments Honduras p p p1 p p p p p p p p relevant to Jamaica p p p1 p p p p p P p minority and Mexico p pu p1 p p p p p p p p p indigenous Nicaragua p p p1 p p p p p p P Panama p p p1 p p p p p p p rights Paraguay p p p1 p p p p p p p p p as of 17 February 2010 Peru p pu p1 p p p p p p p p p p Ratification, accession Saint Kitts and Nevis p p p p p or succession. Saint Lucia p p p p P P Signature not yet Saint Vincent and the Grenadines p p p1 p p p p p followed by ratification. Suriname p p1 p p p p p p

Trinidad and Tobago p p p1 p p p p p p pu Ratification of United States of America p p p P P P P P ICERD and Declaration p pu p1 p p p p p p p p on Article 14. Uruguay p pu p1 p p p p p p p P pU Ratification of Venezuela ICERD and Signature of Declaration on Article 14. p1 Ratification of Asia ICCPR and Optional Afghanistan p p p p p p p p Protocol. Bangladesh p p p p p p p P P p! Ratification of Bhutan P p p ICCPR and Signature of Brunei Darussalam p p Optional Protocol. Cambodia p p p! p p p p P p P! Signature of ICCPR p p P p p p p and Optional Protocol. China Democratic People’s Republic of Korea p p p p p

India p p p p p p p

Indonesia p p p p p p P

Japan p p p p p p

Kazakhstan p pu p1 p p p p

Kyrgyzstan p p p1 p p p p p P

Lao People’s Democratic Republic p p p p p p p

212 Reference State of the World’s Minorities State of the World’s Minorities Reference 213 and Indigenous Peoples 2010 and Indigenous Peoples 2010 International International International International Convention Convention ILO 111 ILO 169 International ICC Rome Convention Convention Covenant Covenant on on the on the Rights Discrimination Convention Convention on Statute of the on the on the on Civil and Economic, Elimination of of the Child (Employment Concerning the Protection International Prevention and Elimination Political Rights Social and All Forms of 1989 and Indigenous of the Rights Criminal Punishment of All Forms 1966 Cultural Discrimination Occupation) and Tribal of All Migrant Court 1998 of the Crime of Racial Rights 1966 against Convention Peoples in Workers and of Genocide Discrimination Women 1979 1958 Independent Members of 1948 1965 Countries Their Families 1989 1990

Status of Malaysia p p p Maldives p p p1 p p p ratification Mongolia p p p1 p p p p p of major Myanmar p p p international Nepal p p p1 p p p p p and regional Pakistan p p P p p p p Philippines p p p1 p p p p p P instruments Republic of Korea p pu p1 p p p p p relevant to Singapore p p p minority and Sri Lanka p p p1 p p p p p indigenous Tajikistan p p1 p p p p p p Thailand p p p p p P rights Timor Leste p p p p p p p as of 17 February 2010 Turkmenistan p p1 p p p p p Ratification, accession Uzbekistan p p p1 p p p p P or succession. Viet Nam p p p p p p p P Signature not yet European Framework followed by ratification. Charter for Convention for Regional or the Protection Minority of National pu Languages Minorities Ratification of 1992 1995

ICERD and Declaration Europe on Article 14. Albania p p p1 p p p p p p p pU Ratification of p pu p1 p p p ICERD and Signature of Andorra Declaration on Article 14. Armenia p p p1 p p p p P p p p1 Ratification of Austria p pu p1 p p p p p p p ICCPR and Optional Azerbaijan p pu p1 p p p p p P p Protocol. Belarus p p p1 p p p p p! Ratification of Belgium p pu p1 p p p p p P ICCPR and Signature of p p p1 p p p p p p P p Optional Protocol. Bosnia and Herzegovina p pu p1 p p p p p p P! Signature of ICCPR Bulgaria and Optional Protocol. Croatia p p p1 p p p p p p p Cyprus p pu p1 p p p p p p p

Czech Republic p pu p1 p p p p p p p

Denmark p pu p1 p p p p p p p p

Estonia p p p1 p p p p p p

Finland p pu p1 p p p p p p p

France p pu p1 p p p p p P

Georgia p pu p1 p p p p p p

214 Reference State of the World’s Minorities State of the World’s Minorities Reference 215 and Indigenous Peoples 2010 and Indigenous Peoples 2010 International International International International Convention Convention ILO 111 ILO 169 International ICC Rome European Framework Convention Convention Covenant Covenant on on the on the Rights Discrimination Convention Convention on Statute of the Charter for Convention for on the on the on Civil and Economic, Elimination of of the Child (Employment Concerning the Protection International Regional or the Protection Prevention and Elimination Political Rights Social and All Forms of 1989 and Indigenous of the Rights Criminal Minority of National Punishment of All Forms 1966 Cultural Discrimination Occupation) and Tribal of All Migrant Court 1998 Languages Minorities of the Crime of Racial Rights 1966 against Convention Peoples in Workers and 1992 1995 of Genocide Discrimination Women 1979 1958 Independent Members of 1948 1965 Countries Their Families 1989 1990

Status of Germany p pu p1 p p p p p p p p Greece p p p1 p p p p p P ratification Holy See p p of major Hungary p pu p1 p p p p p p p international Iceland p pu p1 p p p p p P P and regional Ireland p pu p1 p p p p p p Italy p pu p1 p p p p p P p instruments Latvia p p p1 p p p p p p relevant to Liechtenstein p pu p p p p p p p minority and Lithuania p p p1 p p p p p p indigenous Luxembourg p pu p1 p p p p p p P Malta pu p1 p p p p p P p rights Monaco p pu p p p p P as of 17 February 2010 Montenegro p pu p1 p p p p P p p p p Ratification, accession Netherlands p pu p1 p p p p p p p p or succession. Norway p pu p1 p p p p p p p p P Signature not yet Poland p pu p1 p p p p p p p followed by ratification. Portugal p pu p1 p p p p p p

Republic of Moldova p p p1 p p p p P P p pu Ratification of Romania p pu p1 p p p p p p p ICERD and Declaration p pu p1 p p p p P P p on Article 14. Russian Federation p p1 p p p p p p pU Ratification of San Marino ICERD and Signature of Serbia p pu p1 p p p p P p p p Declaration on Article 14. Slovakia p pu p1 p p p p p p p p1 Ratification of Slovenia p pu p1 p p p p p p p ICCPR and Optional Spain p pu p1 p p p p p p p p Protocol. Sweden p pu p1 p p p p p p p p! Ratification of p pu p p p p p p p p ICCPR and Signature of Switzerland Optional Protocol. The former Yugoslav Republic p pu p1 p p p p p P p of Macedonia P! Signature of ICCPR p p p! p p p p p and Optional Protocol. Turkey Ukraine p pu p1 p p p p P p p

United Kingdom of Great Britain p p p p p p p p p p and Northern Ireland

Middle East

Bahrain p p p p p p p P

Iran (Islamic Republic of) p p p p p p P

216 Reference State of the World’s Minorities State of the World’s Minorities Reference 217 and Indigenous Peoples 2010 and Indigenous Peoples 2010 International International International International Convention Convention ILO 111 ILO 169 International ICC Rome Convention Convention Covenant Covenant on on the on the Rights Discrimination Convention Convention on Statute of the on the on the on Civil and Economic, Elimination of of the Child (Employment Concerning the Protection International Prevention and Elimination Political Rights Social and All Forms of 1989 and Indigenous of the Rights Criminal Punishment of All Forms 1966 Cultural Discrimination Occupation) and Tribal of All Migrant Court 1998 of the Crime of Racial Rights 1966 against Convention Peoples in Workers and of Genocide Discrimination Women 1979 1958 Independent Members of 1948 1965 Countries Their Families 1989 1990

Status of Iraq p p p p p p p Israel p p p p p p p P ratification Jordan p p p p p p p p of major Kuwait p p p p p p p P international Lebanon p p p p p p p and regional Oman p p p P Qatar p p p p instruments Saudi Arabia p p p p p relevant to Syrian Arab Republic p p p p p p p p P minority and United Arab Emirates p p p p p P indigenous Yemen p p p p p p p P rights as of 17 February 2010 Oceania p Ratification, accession Australia p pu p1 p p p p p or succession. Cook Islands p p p P Signature not yet Fiji p p p p p p p followed by ratification. Kiribati p p p

Marshall Islands p p p pu Ratification of Micronesia (Federated States of) p p ICERD and Declaration on Article 14. Nauru P P p p pU Ratification of New Zealand p p p1 p p p p p ICERD and Signature of Niue p

Declaration on Article 14. Palau p p1 Ratification of Papua New Guinea p p p p p p p ICCPR and Optional p p p p p Protocol. Samoa Solomon Islands p p p p P p! Ratification of ICCPR and Signature of Tonga p p p Optional Protocol. Tuvalu p p

P! Signature of ICCPR Vanuatu p p p p and Optional Protocol. Compiled by Marusca Perazzi

Sources: http://www2.ohchr.org/english/bodies/docs/RatificationStatus.pdf http://www.unhchr.ch/tbs/doc.nsf/Statusfrset?OpenFrameSet http://www.iccnow.org/?mod=romesignatures http://www.achpr.org/ http://www.oas.org/juridico/english/Sigs/b32.html http://www.cidh.oas.org/ http://conventions.coe.int/

218 Reference Reference State of the World’s Minorities State of the World’s Minorities Reference Reference 219 and Indigenous Peoples 2010 and Indigenous Peoples 2010 and Red Crescent Societies Who are Selected IGLHRC – International Gay and Lesbian Human Rights Commission minorities? abbreviations ILO – International Labour Organization IMF – International Monetary Fund Minorities of concern to MRG are disadvantaged IOM – International Organization for Migration ethnic, national, religious, linguistic or cultural ACHPR – African Commission on Human and IP – Indigenous Peoples groups who are smaller in number than the rest of Peoples’ Rights IRIN – Integrated Regional Information Network the population and who may wish to maintain and ACtHPR – African Court on Human and Peoples’ IWPR – Institute for War and Peace Reporting develop their identity. MRG also works with indig- Rights LGBT – lesbian, gay, bisexual, and transgender enous peoples. ADRIP – American Declaration on the Rights of MDGs – Millennium Development Goals Indigenous Peoples MSF – Médecins Sans Frontières Other groups who may suffer discrimination are of AFROL – African News Agency MRG – Minority Rights Group International concern to MRG, which condemns discrimination AI – Amnesty International NGO – non-governmental organization on any ground. However, the specific mission of CAT – UN Committee Against Torture OCHA – UN Office for the Coordination of MRG is to secure the rights of minorities and in- CEDAW – UN Committee on the Elimination of Humanitarian Affairs digenous peoples around the world and to improve Discrimination Against Women OECD – Organisation for Economic Cooperation cooperation between communities. CERD – UN Committee on the Elimination of and Development Racial Discrimination OHCHR – Office of the High Commissioner on CESCR – UN Committee on Economic, Social and Human Rights Cultural Rights OSCE – Organization for Security and Co- CoE – Council of Europe Operation in Europe CRC – UN Convention on the Rights of the Child OSJI – Open Society Justice Initiative ECHR – European Convention for the Protection of PRSPs – Poverty Reduction Strategy Papers Human Rights and Fundamental Freedoms RAE – Roma, Ashkalia and Egyptian minority ECRI – Council of Europe’s European Commission communities against Racism and Intolerance RI – Refugees International ECtHR – European Court of Human Rights UDHR – Universal Declaration of Human ENAR – European Network Against Racism Rights EU – European Union UN – United Nations FAO – UN Food and Agriculture Organization UNDRIP – UN Declaration on the Rights of FCNM – Council of Europe Framework Indigenous Peoples Convention for the Protection of National UN Forum – UN Forum on Minority Issues Minorities UNAIDS – UN Joint Programme on HIV/AIDS FRA – EU’s Agency for Fundamental Rights UNDM – UN Declaration on the Rights of Persons HRC – UN Human Rights Committee Belonging to National or Ethnic, Religious and HRW – Human Rights Watch Linguistic Minorities IACHR – Inter-American Court of Human Rights UNDP – UN Development Programme ICC – International Criminal Court UNHCR – UN High Commissioner for Refugees ICCPR – International Covenant of Civil and UNICEF – UN Children’s Fund Political Rights UNIFEM – UN Development Fund for Women ICERD – International Convention on the UNRWA – UN Relief and Works Agency Elimination of Racial Discrimination USCIRF – US Commission on International ICESCR – International Covenant on Economic, Religious Freedom Social and Cultural Rights USIP – United States Institute of Peace ICG – International Crisis Group WFP – World Food Programme ICRC – International Committee of the Red Cross IDP – Internally Displaced People IEMI – UN Independent Expert on Minority Issues IFRCRCS – International Federation of Red Cross

220 Reference State of the World’s Minorities State of the World’s Minorities Reference 221 and Indigenous Peoples 2010 and Indigenous Peoples 2010 as well as working as the Financial Times’ US and Pakistan. She is also one of the Directors of AGHS is a Lecturer in Human Rights at the Institute of Contributors Americas editor during the 2008 election campaign Legal Aid Cell. At present she is serving as United Commonwealth Studies, University of London. Her and the global financial crisis. He is now covering Nations Special Rapporteur on freedom of religion or research focuses on minority rights protection and on Suzan Ayyildiz (Europe Case Study) has a BA degree commodities markets for Dow Jones in Sydney. belief of the Human Rights Council. human rights and development. She has worked as a in Political Science and International Relations from human rights practitioner and consultant, including Yildiz Technical University, Istanbul and completed Nazila Ghanea (Contributor – Religious Minorities Hannah Kaplan (Preface Box Contributor) for MRG, UNDP and the UN Office of the High her Masters degree in Human Rights at the University in a Post-9/11 World) is a Lecturer in International is a recent graduate of the University of St Commissioner for Human Rights. of Essex in 2009. She recently completed an internship Human Rights Law at the University of Oxford. Andrews where she received a BA in Sustainable at MRG in Programmes and in Publications. She is the founding editor of the international jour- Development. Following an internship at MRG Farah Mihlar (South Asia) has worked as a journal- nal, Religion and Human Rights. Her publications in Publications, she is pursuing a Masters’ in ist covering South Asia for over ten years. Since Maurice Bryan (Americas) is a Caribbean-born include nine books, including Minorities, Peoples Media and Development at the London School of 2004 she has worked on human rights, including writer and communications consultant who has and Self-Determination and Human Rights, the UN Economics and hopes to work in the areas of devel- at the UN Office for the High Commissioner of worked in a variety of countries in Latin America, and the Bahá’ís in Iran (2003). opment journalism and documentary making. Human Rights. She currently works as media offic- the Caribbean, Asia and Africa. er/Sri Lanka Programmes Coordinator at MRG. James A. Goldston (Contributor – Religious Nurcan Kaya (Turkey) is Turkey/Cyprus Lucy Claridge (Legal Cases, Europe) is Head of Law Minorities in a Post-9/11 World) is Executive Coordinator at MRG and Director of Turkey Zohra Moosa (Religious Freedom and Women’s at MRG. A practising human rights lawyer with an Director of the Open Society Justice Initiative. A programme at Global Dialogue. She is specializes Rights) is Women’s Rights Adviser at ActionAid. MA in International Peace and Security from King’s leading practitioner of international human rights in human rights – in particular minority rights, She is the author of Destined to Fail: How Violence College London, She was Legal Officer and then and criminal law, Goldston has litigated ground- equality, anti-discrimination remedies under inter- against Women Is Undoing Development (February Legal Director at Kurdish Human Rights Project breaking cases before the European Court of Human national human rights and European Union law – 2010). Previously, she was Senior Policy and between 2004 and 2009. She has also worked at Rights and the United Nations treaty bodies, and has and violence against women. She holds an LLM in Campaigns Officer at the Fawcett Society before Liberty and as Deputy Director of the London- served as a prosecutor at the International Criminal international human rights law from the University which she was Senior Policy Adviser to the based British Irish Rights Watch. Court and in the United States. of Essex. Director of Strategy and Communications at the Commission for Racial Equality. Felix Corley (Central Asia), a graduate of Russian Katalin Halász (Europe) is a researcher, writer and Samia Liaquat Ali Khan (Africa Case Studies) has and German from Bristol University, has worked activist with specific expertise in anti-racism, minor- worked in the development and human rights sec- Marusca Perazzi (China and Mongolia) is on religious freedom issues in Eastern Europe, the ity rights protection and anti-discrimination legisla- tor since 1993, including over eight years of senior Programmes Officer at MRG specialized in Chinese Caucasus and Central Asia since the 1980s. He is tion. She holds a law degree, a Masters’ in social management experience both overseas and in the language and Oriental cultures, international editor of Forum 18 News Service, which covers policy and an art diploma. Over the last decade she UK. She is the founder of DevelopmentSense, an relations and global governance. She lived and religious freedom issues, mainly in the former Soviet worked for national and international human rights independent consultancy that focuses on innovation worked with ethnic minority communities in republics. organizations, including the European Network in development, accountability in practice and the northwest China. Against Racism. management of effective partnerships to achieve sus- Lena El-Malak (Middle East) is a Middle East-based tainable improvements. Abraham Korir Sing’Oei (Africa) is Co-founder freelance consultant in public international law. Rahnuma Hassan (Case Studies Editor) has recently of CEMIRIDE and was executive director of the She holds a PhD and an LLM from the School of completed her MSc in Development Planning Mumtaz Lalani (Contributor – Religious Minorities organization for six years. Sing’Oei studied law, Oriental and African Studies as well as law degrees and Administration at University College London. in a Post-9/11 World) is the Conflict Prevention human rights and democracy at the Universities of from McGill University, Canada. She has also Alongside her internship with MRG in Publications Programmes Assistant at MRG. She has worked Nairobi, Pretoria and Minnesota Law School. He worked at UNRWA and the UNHCR in Jordan. she is assisting with fund- and awareness-raising previously as a researcher at Kalayaan and the served as Co-Counsel for the Endorois community, activities for the UK branch of the South African International Organization for Migration. She the first ever indigenous peoples claim successfully Jared Ferrie (South East and East Asia) is a journal- charity, Education Africa. holds a BA in Philosophy, Politics and Economics litigated at the ACHPR. ist based in Phnom Penh, Cambodia. He holds a and an MPhil in Middle Eastern Studies from the graduate degree in journalism from the University Susan Hayward (Interfaith Dialogue) is a Senior University of Oxford. Preti Taneja (SWM Editor, Contributor – Religious of British Columbia where he completed a thesis Program Officer in the Religion and Peacemaking Minorities in a Post-9/11 World) is Commissioning examining media, peace-building and democratiza- program at the United States Institute of Peace Mark Lattimer (Peoples under Threat) is the Editor at MRG and has written extensively on tion efforts in Afghanistan. He has contributed where she supports field projects in Sri Lanka, Iraq, Executive Director of Minority Rights Group minorities in Iraq. As a journalist she contributes reports to international media from South and and Colombia. International. Formerly he worked with Amnesty to Guardian Unlimited, Reuters Alertnet and South East Asia, West Africa and North America. International. Recent publications include (as edi- Open Democracy among others. She also works for Asma Jahangir (Preface) is an advocate of the tor) Genocide and Human Rights (Ashgate 2007). ERA Films as a filmmaker for NGOs worldwide. David Fickling (Oceania) has covered Australia and Supreme Court of Pakistan and has been twice elect- She holds an MA in Theology from Cambridge the Pacific for the Guardian and Observer newspapers, ed as Chairperson of Human Rights Commission of Corinne Lennox (Religious Minorities and the MDGs) University.

222 Reference State of the World’s Minorities State of the World’s Minorities Reference 223 and Indigenous Peoples 2010 and Indigenous Peoples 2010 Acknowledgements

A report of this size involves contributions from a large number of people – including MRG staff. Special thanks to Carl Soderbergh for editorial input, Kristen Harrison for production coordi- nation, Sophie Richmond for copy editing and Tom Carpenter for design. We wish to gratefully acknowledge the following individuals who have contributed their thoughts, comments, advice and expertise to this edition of State of the World’s Minorities and Indigenous Peoples.

Professor Abu-Nimer, Katharine Adeney, Hassan Mohammed Ahmed, Suzan Ayyildiz, Daniel Balint- Kurti, Mushfig Bayram, Snjez˘ana BokuliĆ, Kevin Boyle, Sandra Brunegger, Chris Chapman, Neil Clarke, Centre for Peacebuilding and Reconciliation Sri Lanka, Jaco Cilliers, Morgan Clarke, Sara Rich Dorman, June Teufel Dreyer, Aimee Griffin, Tom Hadden, Rahnuma Hassan, Leo Igwe, Hannah Kaplan, John Kinahan, Arun Kundnani, Erin Leigh, Demetri Lowe, Rita Manchanda, John MacLeod, Joseph Paul Martin, Fiona McCallum, Roberta Medda, Marta Medusa, Erik Mobrand, George Mukundi, Ian Neary, Francisco Panizza, Leena Patel, Edward Porokwa, Scott Radnitz, Richard Rathbone, Murtaza Shaikh, Fauzia Shariff, David Smock, Michael Walls, Declan Walsh.

Right: A Dinka girl in the village of Alek, in the Bahr el Ghazal region of Southern Sudan. Sven Torfinn/Panos.

224 Reference State of the World’s Minorities and Indigenous Peoples 2010 State of minority rights the World’s group Minorities and international Indigenous Peoples 2010 Events of 2009

A decade into the new century sees religious p An analysis of government initiatives that minorities confronting serious violations of their contribute to the marginalisation of religious rights around the globe. Following the violent minorities, such as religious profiling and attacks of 11 September 2001, governments of every registration laws. political hue have used “war on terror” rhetoric p First-hand accounts, from around the world, to justify the repression of religious communities. of the discrimination and exclusion faced by Other religious minorities have faced a violent those belonging to minorities who wish to backlash, often unjustly accused of siding with exercise their right to freedom of religion belligerents. In Africa, the Middle East, Asia and and belief. Latin America, armed conflict and land seizures p An exploration of grassroots efforts through have forced minority and indigenous communities interfaith dialogue to ease tensions, overcome away from locations central to their religious beliefs. conflicts, and promote peaceful and Europe has witnessed gains by extreme right- equitable development. wing political parties which are targeting religious p An overview of the human rights situation of minorities with their inflammatory language. minorities and indigenous peoples in every In Central Asia, governments have introduced major world region. tough new registration requirements for religious p The unique statistical ranking and analysis, communities and prevented the building of places Peoples under Threat 2010. of worship. In State of the World’s Minorities and Indigenous State of the World’s Minorities and Indigenous Peoples 2010, Minority Rights Group International Peoples is an invaluable reference for policy makers, offers a comprehensive overview of the situation academics, journalists and everyone who is interested faced by minorities in a world increasingly divided in the human rights situation of minorities and along religious lines. It includes: indigenous peoples around the world.

Cover photo: A Uighur woman in Xinjiang Province, China. Yann Mingard/Panos. ISBN 978-1-904584-97-1