CEU eTD Collection

RELIGIOUS HEGEMONY IN RECOGNITION OF RECOGNITION IN HEGEMONY RELIGIOUS In partial fulfilmentof the requirements forthe degreea ofMasters ofArts in INDIGENOUS CULTURAL SURVIVAL KALASH VALLEYS: A CALL THE ISLAMIC REPUBLIC OF PAKISTAN OF REPUBLIC ISLAMIC THE Supervisor: Uitz Prof. Renáta Department ofLegal Studies CentralEuropean University Budapest, Hungary Budapest, Human Rights Submitted to Taj Khan Taj FOR 2009 By IN

INDIGENOUS RIGHTS RIGHTS INDIGENOUS

CEU eTD Collection , Para 12. Para CERD/C/304/Add.25,session: Fiftieth 3 2 1 indigenouscommunity,the through Kalasha legal may which sought be means. protectionfor also explores Thethesis situation Pakistan. current within vulnerability of their ba CERD Islamization at the end of 19 The Ancient Kafirstan “land of infidels” does not any exist more succumbed asit to brutal modernization tourism.” and culture and wasthreatened by theunique in Great, [Kalash] theAlexander soldiers army of religious minorit of 3,000 descendants they ofbe about to only people… believed similar protection as the State only recognizes religious minorities but on the 50 restoration ofpre of Art.27 ICCPR evoked successfully elsewhere thehave in world peoples by a territory ofneglect ethnic and is result ethnocide theof state Indigenous Pakistan. - ethno exploiters, Islamic Kalasha people has become vulnerable toradical Islamist proselytizers, resource of theKalasha Valleys was encroached. The cultural enclave of thenumerically small non Pakistan to 1947,in customaryceded the justice of non- Pakistan. When theMountain State ofChitral, of Kalasha which Valleys the were apart, ProvinceofWest Frontier North the in remote three valleys in live whoMountains now lastThese Non isolated race with its own language, myths, shamanic and institution agro-

Committee on the Elimination of Racial Discrimination, Int International Convention ofCivil and Political Rights, United Nations.1976. sed on sed the history culturaland differences ofKalasha people the in respect to the ernational Convention onthe ofElimination all Forms ofRacial Discrimination.1969. 2

committee, Pakistan - Islamic survivors of Ancient Kafirstan are the “Kalasha” of theHindu Kush - tourism and terrorism. The terrible loss identity and ofcultural ancient existing rights of cult existing rights

made dubious confession the that the“Kalash were an ethnic 3

th

This official statement sets a case study for cultural survival

century. However, it left behind However,itmorecentury. left a 3000- than Palais Nations, des Geneva, 12March 1997. ABSTRACT ural survival. The areural survival. Kalasha currentlygranted not

interference into the tra

1

pastoral ideology. for restitution and

nquil isolation th

session ofsession year

Greek - and and old old -

CEU eTD Collection Chapter 1. Bibliography/References Conclusion 3. Chapter Chapter 2. Introduction

1.3. 1.2. 1.1. 1.4. 2.5 Ethnic Minority Rights in Pakistan: Exclusion of the Kalasha Survival framework Cultural 3.2 International onIndigenous 3.1 Legal setting of the Kalasha case 2.4 Con 2.3 The Creation of Pakistan: The role of Religious Identity Under2.2 Kalasha Indigenous Aboriginal Factor2.1 Kalasha 3.5 Land Restitution & Cultural Protection: Prerequisite for Kalasha Survival 3.4 Collective Rights: Relevance totheKalasha Relevance Ethnocide 3.3 Genocide: to for the No2.7 AnProtection Observation: Kalasha 2.6 Religious Minority Rights in Pakistan: Exclusion of the Kalasha 1.3.2. 1.3.1. Threat to and vulnerabilitie Islamization Enslavement & oftheKalasha and Origins Ancestors Historical Conditions of Kalasha Cultural Survival Prospects of Kalasha Cultural of Survival Kalasha Prospects ………………………………………………………………………………... Introduction to the Kalasha People Kalasha the to Introduction Statusof Kalasha in Pakistan ……………………………………………………………………………… Loss of Ethnic territory Loss of Cultural Identity stitutional History & Religious Hegemony …………………………………………………………………. ……………………………………………………………… s of the Kalasha Table of contents …………………………………………………….. …………………………………………………… …………………………………………………... People Rubric People ………………………………………………...... ……………………………………….. ……………………………………….. ………………………………………...... ………………………………….. …………………………………...

...... ……………………………... …………………………….. …………………….. …………………… ...... …………......

26 1 19 11 9 60 25 22 21 21 12 7 6 49 32 32 31 30 47 44 38 29 17 63 CEU eTD Collection Pakistan fullandPakistan to control ceded in 1969. suzeraintyof Princely the the Stateof came of Chitral decolonization India, under the were allowed to retain their beliefs, customs and ethnic ter contributions the for In these Kalash exchange givingtaxes and unrewardedlabour. tributary byacceptingaccomplished the sovereignty of Muslimthe and invaders agreeing pay to Afghanistan Pakistan. and into of state Chitral.mountain of Themajority these pre conquers. continuedAsian later bycentral invasionthe of pre 6 5 4 elimination ofKalasha on slavery basisof race the their physical religiouspersecutionand religion.and This as theKalash not are Muslims. The Kalash KafirsinChitral have faced discrimination and Pakistan religiousminority in “other” an religionas , marked, todaybytheir identified are and current of andof nature about society Pre world the origins outside the the Britishthe Empire. administrators who ventured into the area to mark the fr ontier borders of the territories under the colonial “Kafirs Kush”through the of as cameHindu known be peoples to Islamic rulerAfghanistan. 1895bythe of placein took of “Kafirstan” Central in Ancient Kafirstan refers to the territories of pre Introduction

Robertson, Afzal Khan, Chitral and Kafirstan Cacopardo, - The Kalasha still exist today because of thedeparture from Pre their day survivors dayof survivors a Kafirs HinduKush of Gates of Peri of Gates - East Asia. The invasion of thesepre -

- 6 stan stan Islamic tribal peoples started in the 9

The reports ofThe reports military these expeditions brought significant insights to

(2001), Istituto Italiano per l’Africa el’ Oriente, p.33. people has taken a variety of forms ranging from forced conversions,forced from ranging forms of takenvariety a has people (1896), Press, Oxford University p.26. (1975), Printed Corporationof Frontier Ltd,p.66. ncient Kafirstan are theKalash Kafirs, locatedinthe former

4

7 The of last theseinvasi

The Kalash became citizens of new nation state 1

- Islamic inhabited andterritories congruently Islamic tribes in the HinduKush Mountain the in tribes Islamic - Islamic territories have been incorporated

th ritory: Kalashathe Valleys. Upon

Century A.D. was and Century byArabs

5

The very little known little pre The very - ons andons conversion forced Islamic peoples. The only Theonly Islamic peoples. - Islamic past, s - CEU eTD Collection 10 9 8 7 Province Frontier Punjab.and autonomy four main the to a politicalprovide base of federal autonomy,ona bylevel, of a providing provincial degree of attempted Pakistan Constitution to 1973,the In cultures. and ofdefinitions religions concepts, such asthe Kalasha people, w populations differentiating self with of resulted exclusion status, minorityand group the ethnic ofin denying religious existence Pakistan. ofevolution the politics,state which has led the factoto de presencepolitical of Islamwithin a Assembly,Constituent theverified in declarationsfounderMohammad the ofand First works its the Jinnah Ali two- through the identity theory”. “two identity Indiathrough nation political identity of undivided into Muslimsreligious in who have access to the valleys. slave trade ethnocide contemporary genocideto inand theof hands non- of Pakistan there are several territories of otherethnicgroups, which recognized are as Tribal which Pakistan, thus constituting adifferent nation. This led to thecreation of aseparate state, current groupsundividedIndia, in ethnic of Muslim various ofidentity national signifier only was the

Dr.IftikharH. Religious Malik, Minoritiesin Pakistan Ali,S.S & Rehmanofminorities Pakistan , and ethnic Indigenous Peoples Alauddin (1992),par Kalashthe ctive political role.

See surpa based homogeneity of imposition The intended state creationnatio questa forthe the as wasturning the Furthermore, n state of Pakistan 8

ote 8, p.20. note 8,

Pakistan was when specificallyIslam,created Pakistan form religion, political the of took unified pre the

9 However, since thecreation ofseparate there state, a has been agradual was that of ademocratic state where religion would not possess an nation theory.Thepr adise lost adise and large ethnic areas namely: areas West ethnic Baluchistan, North Sind, large and 10

- Apart from these four provincial territories of the federal state , Progressive, Publishers, p.201. dominant Muslim populated areas. The conception,dominant original areas. Muslim populated - concepts of identity. These varying self concepts varying These of identity. ,

Minority Minority Group p.6.Rights Report, ere not always abletofall under the official oponents of this theory maintained that religion maintained theory of this oponents 2

, Surrey: Curzon Press on Islam, allowing only for the only on Islam, allowing

, 2001, , state organizations p.1.

- identified - day day

CEU eTD Collection ‘T Press,University 1991. pp. 3-4 13 12 11 principles. those and status toe attempts ofrecognition of th define spectrum indigenous of implementation courts in similar situations are considerable addition to the attempted setting of a case for the conventions. Therecommendations ofHR the committeesthe and rulings of international i collective memberunder the tribewhole and a forindividual as any protection receive broader that they to ensure order in group indigenous of status invokean to the people they under thethough fall criteria for bothcategories. Itis their inherentof rightthe Kalasha rights instruments, an is important frame of reference in the case of the Kalasha people, even indigenous aspeoples rights, established by international conventions and by overseen human numerically small people. indigenous Moreover rights”emerging has norm further enhanced “indigenous the of culturalsurvival of whenexplored aimingprotectionfor ensurebroader small to Likewise, thegroups. ethnic interesting an is and also religiousminorities, and groups participation within the bounds of the state. This is particularly important to the smaller ethnic for group’s potential political group affectsthat of the population ethnic numerical an that protection for similar issues to smaller ethnic groups. and regulationpopulation neglectsoffer legislation.to the However,this simultaneously same ofinterests larger groups,regards morepowerfulethnic and with to their t others are provincially administrated. Areas and Northern Areas

been consistently uphel consistently been determination:self it suffices to cite the caseof St. Helena… with 4000about whose people right to determination self has

Henkin quotedHenkin in Dixon, & M. “CasesMcCorquodale, R. and onMaterials International Law”. New York: Oxford Id. ofConstitution RepublicIslamic ofPakistan (1973): Chp.3, part 4, p.44. he consistent prac consistent he

The significance of ofThe significance the groups strength ethnic numerical religiousminorities and tice of the shows United Nations isthere that no minimum for figure population qualify to for the right to 13 d.’

11 . Some of. Some thesetribal areas are federally administrated while

12

This regulation is a step forward in protecting the 3

, the and presence minority rights of religious

correlation, which be should further, erritory, recourses,erritory, nternational nternational

is is CEU eTD Collection http://www.jstor.org/stable/2803356 22,No.4.Royal AnthropologicalSeries,Vol. Institute of Great Britain,1987, 14 sufficient legal basis for theapplication of thecultural self status the of secondlywhether law, international human rights afforded a special status for protection within the legal framework of the Pakistani state and their “threatened wouldbe case which ofin culture” rights, indigenous the rubric under fall This two phenomenonKalasha raises considerations:whetherbreached. important the pe the succession of Chitral toPakistan, affirm aprotective ethnic territorial status that has been lack of protective interve non- to territory of their to conversion Islam loss and controversial with culture religion and language, environment. belief system andpractice its inPakistan, within theKalash’s specific geographic location and stitutionalcon provisions and theinstitutional safeguards are adequate to protect the Kalasha temple people a and embedded pastoral the and in landscape ideology are and limitednot centred or around a for theKalasha ina and polytheistic nature of beliefs and customs. is constructedon cultural, is it and legal threefold; regional, a both national research, of this religious traditions, their customary way of life and overall cultural heritage. The focal point prosperit enhanced administrativeas autonomy.

See See Peter Parkes Livestock (1987), Symbolism and Pastoral Among ideology the HinduKafirs of the Man,New Kush, Kalasha settlers. These issues relate toexisting legislation the at national level and a The mainThe issues pertaining totheKalasha people the are loss of their ethnic identity, A distinct area of concern for the cultural survival of the Kalasha people is their plural The aim research ofthis toidentify is theissues affect that thesurvival and the y of the Kalasha people, which mainly involves the maintenance of their linguistic, the of maintenance mainly which their involves y of people, Kalasha the - centred religious hierarchy. sense that spatial ritual practice, rites and ceremonial cyclesare ntion. The conditions culturalsurvival,ntion. ofhistorical Kalasha to prior , Accessed: 20/09/2009Accessed:

4

Religion and and are synonymousculture Religion entities 14

Therefore, necessary is it toevaluate if the

pp. 637-660. - determination principle expressed

indigenous people serve as as people serve indigenous

ople

CEU eTD Collection establishing precedent of customary law. valleys protected status of Valleys theKalasha thus verifying a claim of continuity argument be strengthened will by adetailed historical overview of theexistenceofaKalasha relevant provisions of customary international law and human rights treaty law. The latter invoking the as well status, ethnic incorporating and Pakistan in of rights group context constructed by challenging the protectionlimited bystate the envisioned furthering law, national ofc Pakistani a incorporation of the rightscollective ofKalasha the people, in addition to the individual rights restitution of traditional properties. As a result the analysis will attempt to justify the sa an for introduces additionalimpetus parameter legislative recognitionand protection;autonomy participation,legal political the cultural and international axis as abasisfor argumentation. The legal aspect primarily refers to

itizen, in in status claimitizen, the recognition.This formbe ofwill indigenous

5

feguarding the indigenous lands and the landsthe indigenous and feguarding the CEU eTD Collection Aristotle University, Thessaloniki, November 2008. Kalasha Valleys: Mumuret (Bum numbermore language,religionculture today, and lineage, nothaninthree 4000people the Chitral District of the North 18 17 16 15 we insultconnection will perish’ritual nature, letus the nature Kalashasum andmountain spirits for protectingcontinued our existence,if we impure the cheese w to affirmthatofferings we for thankful the are foodtrees givefor us and the the and fields milk dance, anddreams.trance, must [Kalasha] keep We the connection rituals and through mountain spirits the other, other’seach some language happened…and then the thing contact weeach lost with mantheoccasion thousand tale with On such the one through passedfireside storytelling. and around recollected people is Kalasha ofthe Pakistan, Republic K newly Islamic the formed to wasattached Kingdom Chitral the of 1947,when Since pour. which open onto the small administrative town of Chitral, some 20 kilometres to the south, between thevinceand channels pro Afghanistan which ofthrough torrents Chitral, of waters centuries,backundeterminable an ,TheseHomeland to for ranging lands three era. include of the in wilderness t meters elevationan of 2800 KalashaThe thelastare survivingnon

Personal Personal communication with Khazi Khosh Summer Nawaz, 2006 Kalasha word for Shaman JeanLoude, -Yves and Lièvre, Viviane. 1984. How are many we, Khan, Talim The Kalasha laid claim tothese three Valleys as their Aboriginal and Ancestral In theIn natural amphitheatre of the Hindu Kush Mountains historical memorythe of the ‘In the golden age, divine beings, spirits, men, animals and plants could understand goldenandplants spirits, men, the animals beings, divine ‘In age, e take from animals and the abundance and labour we must share with all with weshare must andlabour abundance from andthe take animals e C HAPTER HAPTER

International Conference onInternational Language documentation & Tradition, alasha have been citizens of Pakistan.

- and the onlyanimals spoke to selected people dehars West Frontier Province. The Kalasha who maintain ancient racial 1:

I borate), Rukmu (Rumbur), and Biriw (Birir). NTRODUCTION TO NTRODUCTION Kalash Solstice s, Khosh Nawaz, the ‘bringer of happiness’ s, ‘bringer Khoshofrecalledthat; Nawaz, the happiness’ - Islamic of inhabitants ancient North at living Pakistan,

6

. Lok Versa Islamabad, p.6. he Hindu Kush range in the South the in Kush range Hindu he

K ALASHA 18

16

P

EOPLE

15

17

- West of through through

CEU eTD Collection Ireland, p. 7. 21. 22 21 20 19 thatonits said and mighty theofworld’ as “rooftop the the HinduKush peaks considered the tutor of Alexander the Great, in line with Gree of hisgeneral, Seleucus Nicator. Kalasha are not directly descendants ofAlexander theGreat’s armies but rather descendents Tsyam revisited: paper a her in study of Kal Trial Gail Kazi Khosh Nawaz reconstitutes memory;this history bears the marks of admixture with soldiers of Alexander the Great. T 1.1 stoutest warriors warriors thein neighbourhood.”stoutest encampment. Th passedGreat following into Chitral Kunar the AlexanderIndia Entered Also, Shalac and Selecus phonetically are similar.much work,The A By Route earlier Which link. indicatesa languageswhich means‘King’ Persian languageand the in Kalasha ‘Shah’ the identifiable with above told by oral history, KhoshShalac Nawaz,Shah. as The term re

he Kalasha people have Kalashahe people nowritten aboutancestors and records their but oralorigins their Frederic Pincott(1884),Frederic The Routeby which Alexander Indi Entered riverMain ofChitral that enters Afghanistan in at Birkot Valley, boarderArandu HindKushin Proceedings of the Second Intern Nawaz quoted in Michael Wood, In the Footsteps Alexander of the Great -

conquer and resettle inthe area after Alexander’s death. The general Selecus Nicator is andOrigins Ancestors valleys and took local women, and here they stayed. stayed. they here and women, local took and valleys these to came he men, and officers his of some With shah. Shalac called general was leader h to wis goback with him not but preferreddid men his stayhere. to of some Their Greece, greatman, brave and dauntless and generous to his followers. When he left to goback to a was and world, the conquered He Great. the Alexander call people British you whom one Long long ago, before Horned TheTwo the India. days ofto Islam, came eAazem Sikandar The invasion of Asia by Alexander the Great is the dated back Great ofto The invasion byAlexander Asia 334 -

is workis states, “struggle here was particularly severe, for thepeople were

ational Hinduational Kush Conference, Cultural Tsyam Revisited (1884) by Frederic Pincott, Alexanderthe byis Pincott, of opinion(1884) that Frederic the

20

The general, according according The general, 309to returned around Gail, BC to 22

7

21

k geographical understanding of that timek geographicalunderstanding of that , Journala, of the Royal Asiatic Societyof Great Britain River and makingRiver describes the of an 19 , BBCBooks, p. 8.

asha origins : : study a of Kalashaorigins, p.

has proposedhas thatthe

324 B.C. Aristotle, 324 B.C. Aristotle, CEU eTD Collection 26 25 24 23 notions have been ofoutdated largely a racethat olive hairand byside.” existed black skin, side with tall men, with fair hair or light brown hair, and often with pale blue eyes, and shorter types Kafirstan observationsmakes about similar the physica types.” AlpineKalasha, amongAustraloid and the also occur but types uninfluenced byhigher…anthropologicallyreligions they vary much, moreor less ‘Nordic’ only- the Indo are According him features. to physical “Kafirs the ofHinduKush are tribestheyAryan the as theoryaboutanother theof origins the Kalasha on based the archaic language,religion and Culture Macedonian origins. implausible. The reinvasion of the Area by General Selecus Nicator reinforces the claim of the creating distinct a thecentury existence, third as in early compeletl group BC not is passes are closed. The possibility of Macedonian heritage,mixed with nativelocal women giv timeinvasions that, aten this snow the still ofcoveredwith Hindu Kush is year, and inaccessibly harsh terrain in the world - seen. Alexander stood onthe slopes t in peaks it would be possible to see the ends of the Earth. human classification developedbyhuman classification 19

Lt. Col. M. Afzal Khan,,Kafirstan Printed Chitral Corporation and ofFrontier Ltd, p. 67. Morgenstierne,J. The Kafirs of ProceedingsHindu Kush, ofSocieties, School of Studies, 3. oriental p. Ibid. Michael Wood, 24

Alexander’s desire to see the end of the world - the ofworld desireend see the to Alexander’s The terms Australoid Professor J. MorgenstierneResearch Human forin Comparative from Institute the

(1924- . He states how was“struck he onmore one than on occasion finding village a where In the Footsteps Alexanderof the Great 1929) was the pioneering researcher of to the provide pioneering HinduKush region researcher wasthe 1929)

Europeans who have preserved anEuropeans whopreserved illiterate have paganism,relatively

27 , Caucasoid, and to, Caucasoid, Negroid Mongoloidbelong system of he of 327spring B.C end the of world was nowhere been to th

century anthropologists and physiologists and relate to and to relate physiologists and anthropologistscentury

certainly would have taken timecertainly taken wouldhave for new plan to , BCCBooks, p.170. 8 l traits of the Kalasha in his book his in Kalasha the of traits l

bandoned. From the research on the onthe origins Frombandoned. research the 26

23 along with his soldiers over the most over the soldiers along his with

According to Michael Wood, when when Wood, Michael to According

25

Lt. Col. Khan also Col.Khan Lt.

Chitral and y CEU eTD Collection ‘Nai Tarikhi boarders, of extendingout its central to Asia. 33 32 31 30 29 28 27 per l’Africa Oriente,Romeel’ conductedextensive has research onpre haveHindu Kush area to converted Islam to the people in in originatefromtheThe Rais were first 1320 AD.and Kalasha Turkestan ndingsurrou the arrival of Islam presents a gap of five centuries until Rais invaders conquered defeated a Kinglocal called BahmanKohistani”. Islam originated in Saudi Arabia in the 7 Kalasha of the and Enslavement TheIslamization 1.2 a Judaic God. thein Hindu Kushdnot an Hindus to the in Indian subcontinent who are also non- Prophetand Muhammad.term for Howeverthe typicallydesignated is the pre arrival of Islam intheregion, as Kafir anis Arabic term which means non region. Similarly the term “kafir” which means heathen or Pagan, came into usage after the geneticHindu Kush with contributionsand fromthen invaders Macedonian Aryans in the of Kalash, which was mentioned above, it appears that the Kalasha are aboriginals to the aroundoccurred 14 as possible” earlier advent of Islam into Chitral in order to “legitimatmuch as by anticipating rule Kator e Hindu Kush claims authors thatthe ofTarikhi ‘Nai

See Fazil Beg, Hambley1970: 60-69quoted in See See ibid. ibid.

supra notsupra 4, p .33. surpa New Oxford 2009. American Dictionary

note p.8, 154. uction to historyIntroduction to andnations of Chitral - 32 i 28 - . The earliest Islamic. Theearliest moved invaders north and Islamisation the of Chitral Chitral’, “Islam was brought to Chitral in 7

th

Century AD if not earlier. Gates of Persitan, Persitan, of Gates

Cacopardo, p. 32. th

, Rebul Printer Peshawar, p.34.1996, century within and folds grew the of it century a 31 9 29 33 . Prof. Cacopardo member. Prof. of Cacopardo Istituto

According to Muslimrulers’historiography,

- 30 i -

Chitral’ were intentionally tracing the However, the chronologyof events th

century AD century Arab by an army that -

Islamic peoples of the - believerAllah in - Islamic tribes believers of believers of

Italiano Italiano

CEU eTD Collection Vol. 13,Vol. No. 2, pg.130-133. 38 37 36 35 34 wasarea namedNuristan, “land of the enlightened” provided to Abdur Rehman bythe AfterBritish. the ethnic ofcleansing pre homeland, a the stood nochance entryinto foreign toconverted Islam. Kafirs invade the “infidel country” of ‘Kafirstan’. that opportunityBritish an for the created ruthless Afghan declare Kingto a “holy andwar” Durand wasborder the Rehman line agreement the It signed Kabul. this agreementwith in from byhis rival, Afghaninvasion the King Afghanistan Abdur Rehman. I case of a Russian advance to the Indian subcontinent allegiance guaranteed and theEmpire his ofaccepted suzerainty ofBritish in thisruler the selling their own subjects into slavery”. into theirselling own subjects ofintroduction Islamism into Central been Asia, on singularlycarrying the practice horrid of from the report on Gilgit and Chitral: histories of period this have called theKator Rulers Human farmers the Kalasha from proselytizing raids yet concurrently sold them into slavery. Military enceindepend to the Muslim ruler of Chitral and had becomehis subjects. The rulers protected in the Hindu Kush territory. The primary reason is that they had long lost their political terrain. stands and Afghanistan as stra

‘Nur’ means light in Persian and Arabic Languages. See Ibid. Ibid. Munphool M. Moonshee, Moonshee, M. Munphool

supra

” in their independent Kafirstan territory were massacred, made slaves and forcefully

The British arrived in Chitral in 1885 and signed a treaty with the current ruler The Kalasha were theonly Pre-

note 5 pg. 66-68. 36

On Gilgit and On Gilgit

Kafirstan, known for its fearless warrior tribes that had prevented

onghold of the Taliban due to its difficult inaccessibleand Chitral , Proceedings , Islamic tribe to have survived immediate extermination “The “The professingrulers, Sunniism, ever since have

38

It wasIt estimated t 10 35 The pre

of the Royal Geographical Society ofof the London, 1868- 1869, 37 gainst the modern theoftime gainst weaponry the . Today Nuristan province a today. TodayNuristan is of - Islamic B 34 . The mehtar, however, feared an hat 500 slaves were exported exported were 500slaves hat ashgal tribes named “ Red

as this excerptas this - Islamictribes, the n 1893 Abdurn 1893

shows

that that the the CEU eTD Collection 1870), Vol.(1869-1870), 2, No. 1, 42 41 40 39 categories: loss of cultu rights their mainaffecting and be peoplein thatcan ancient survivalan grouped two as The situation of theKalasha people in Pakistan is precarious with multifaceted issues THE KALASHA OF VULNERABILITIES AND THE TO THREATS 1.3 North WestFrontier Province. when the principality of Chitral was fully incorporated into Pakistan andmade a district of the instate. government the wasposted sameof 1949,the suzeraintywith In fi degree Chitral. the requested accession to the state of Pakistan, which was initially conceived so as to maintain British also introduced theabolition of theslavetrade. subject his strengthenedtheofover and British position control the his Mehtar Kala were considered physically attractive humanbeings. is It perceived thewomen that of The werenon- and docile consideredbe traits. Kalasha to demand factors to due conscience while allowing them tobe traded as slaves. Secondly, the Kalasha were inhigh differentiated from the majority and the ruler viewed them as outsiders, maintaining a clear slavethis trade for several reasons. were theirthey easily Firstly origin, to due pagan Kalasha were favourites in this slave trade for several reasons. The Kalasha were favourites in from tomaking Badakshan,annually the Chitral slave trade aprincipal itemofrevenue.

Murtaza 1982, quoted in in 1982, quoted Murtaza Cacopardo, See Relations between Gilgit, Chitral,andKashmir Gilgit, Relations between Munphool Pundit, sha had fair skin and green supra note 8, p.154 8, note supra Under theBritish rule the authority of became Mehtar more despotic then everbefore; Gates of Peristan Gates of

Gates of Persitan of Gates p. 3 p.

, p.55. associated with their race, in relation to their disposition and dispositionand physical their relationto race,in theirwith associated ral identity andof territory. ethnic loss 7.

42

- blue eyes and that their men were built strong and muscular. strongand menbuilt their were blue that and eyes

,Cacopardo p.64. ,Cacopardo 41 The forced labour system was only abolished in 1969, laboursystemThe forced in abolished 1969, wasonly 11

, The Journal of the Ethnological Society of London Society Ethnological ofthe Journal 40 violent and thesame at time they rst political agent of the Pakistani

In November 1947theIn Mehtar

s. However,thes. 39

The The CEU eTD Collection 46 45 44 43 slave serfdom. have exposed Kalasha themselves to servitude, discrimination, indignity, taxation and with distinct religionmaintain their the to Kalasha order In religion,culture. languageand ancient 4000 whothem only consider people are subjugation14 time in the toestimated 50,000at their be of resisting since they were invaded in the15 Religious conversion is the foremost threat to cultural iden the Kalasha people’s lives, existence and identity, setting them apart asdifferent people. Islam is the greatest threat of all time in the history of the Kalash. Religion is fundamental to human languageand of conversion culture, Kalasha Thereligious the le development. peop to The Kalasha people face serious obstacles inthe full enjoyment and practice of religion, their Identity Cultural Lossof 1.3.1 apostate.” being youkilled be or byMuslims for back will sense,convert Kalasha youcanto never cultural in the rest of their life. Kalasha conversion toIslam,described by aKalasha man, is,“being dead from non Kalash their member a of the dislocate and dismember disengage, meant discontinue, is to Kafir Kalash culture, languageidentity, humanThe and rights. conversion Islamof to the individual an of has onthe butrepercussion K serious it sense shift spiritual in religious citizens people as Kalasha of Thereligiousconversion Pakistan. Islamto merely a not is discri when was terminated wasChitral to incorporated fully in Pakistan 1969 people of Kalasha the unrewardedlabour and colonistsregion.Forced appeared the in British

See See See Investigation Summer Personal Nawaz, Khosh Kazi Imran Bazik,

supra notesupra 8, p.154 notesupra 7, p. 204. mination on the basis of religion and race has continued even after the recognition of the has ofthe continuedmination recognitionof religionrace after and basis even the onthe Kala 44 46

sh of Kafirstan sh of As aforementioned, the slave trade was abolished in 19

- Muslim culture Pagan and from all , unpublished, p. 78.

,2008. selves to be Kalasha, interms of adherence to their th

12 century. The population of Kalasha ethnic was

of the culture’s manifestationsof culture’s for the th tity that the Kalasha have been

Century AD. Century th

43 century whencentury the alasha ethnicity,

Currently, there there Currently, 45 . However,

CEU eTD Collection Islam. partnerlife community,freedom a from Kalasha the they enjoyed c before that 48 47 neve unknown;they are often the in city whereabouts Their society. or community Kalasha members of the be nolongerallowed to are they valleys wed the outside misperception ofKalasha women’smorality. Once theKalasha women convertedare and are normsmay societal thecompared i in valley, Muslim to travel and speak region. The equalitarian nature of the Kalasha culture, where Kalasha women free are to the to cities, menseeking women, from go to causes surrounding kind publicity This of well. the area.Currently, travel literature popularizes and emphasizes these physical attributes to their fair skin, green and blue eyes, which are rare and distinct physical characteristics in converted Kalasha men. cities in Pakistan due to their comparatively wealthier status than local Muslims and informed from their womenoftensuitors often without Theconverted to are given consent. often without their informed they .Also, a consent. relating to important ofaspects lives their and theymostly are wed outside theand valleys, traditional Islamic way.Converted Kalasha women alsolose freedom their todecide on issues convert dowoman otherwise Islam,only ordertoto but in so marrywouldn’t erted conv a a in toconverts Islam This well. as leadscondition to the conversion of Kalasha men who scarf and chador to cover themselves. forced to abandon their traditional dress for Muslim women’s attire, the Qameez Shalwar Kalasha family houses in theKalash villages in order to live with Muslimfamilies. They are particular. Kalash women, after converting to Islam, are required to leave their immediate

Our women are free MaggiWynn are (2001), women Our Dr.Naveed, The attributes of The attributes The conver 48 A man Kalasha can only marry aKalasha woman converts that to Islam if he quoted in in the paradise lost paradise Kalash-the sion toIslam affects theKalasha society aswhole, and Kalash women in

the beauty of Kalash Kafir women oftenconsidered is desirable due

, The ofUniversity Michigan Press, pp. 44-73. , note supra 7, p .114. 47

Due toIslamic religious women rule can’t choose a 13

re mostlyre wed outside valleys, the and

r return.r Many cases onverting to mpose a as ,

CEU eTD Collection 49 were into coerced conversion Islam.villagers to many man and confiscated the bodyofwas rites.thisattack, dead Kalasha a During funeral of being of part Pakistan aKalash with Islamic values and culture, threaten and harass the Kalasha people. Even after the advent liveare alldirectlylinke they which Free independent Wynn waywomen, ofmagi bookabout thinking. Kalasha her in toconverted IslamKalasha culture but standsin oppos rigid people be resistedconversionif peopleIslam.the have to easier wouldperhaps Kalasha It on youngimpre customs given lectures and on hellfire and paradise. that the Kalasha religion and culture is inferior to Islam. They are ridiculed for their Kalasha of Islamic proselytizaion state at schools vulnerable position they can easily be exploited. The children of theKalasha are also victims communities are and unfamiliar with the society of outside Kalasha valley. the In a such themoften places ar vulnerable a position, they in as andto Kalasha women abuse religious conversion prostitution.Islam Thus,the ofinto the have surfaced which claim converted that women have been taken to cities and have been led ancestral effigies are mutilated and many cultural symbols indigenous and crafts are ravaged. funeralrituals and cycles, are rites scorned, intimidated The interrupted. and to thedead person through song, speeches and dance. The Kalasha festivities, ceremonial f held

Alauddin, Alauddin, explains that the “fact they feel physically emotionallyand invested in the landscape in or the deceased person and many Kalasha gather for up to two days to pay their tributes their forpay up to twodays gather to personmany and Kalasha deceased the or Zealous mullahs and missionary Muslims, who find the Kalasha culture incompatible Kalasha culture the mullahsMuslims, missionary and find Zealous who Despite experiencing harsh and inhuman onthe basisof religion,core, at treatment the Kalash paradise-the lost ssionable minds. , p., 228.

a village was attacked inan attempt toput an end toKalasha

d tothe idea that Kalasha women free”. are where teachers, who invariably are Muslims, teach 14

51

In these rites of passage averitable feast is 49 This can have agreat detrimental effect ition toIslam asafree culture and e nolongeracceptede their in Our Women Are 50

altars and

CEU eTD Collection increased to30 Kalasha territory has increased to 42 and the number of missionary mosque schools has todifferent Muslimthe faith culture.and In the same time the number of mosquesin the make changes in their laws, customs and 53 52 51 50 negligence, language Kalasha literacy due the but, state and to ofKalasha documentation the Linguists fromAmerica and Australia initiated the work on the p of bycompilation dictionary Kalasha savelanguage fromKalasha to the extinction linguists onlylanguage. It local is within 15 in - media to y an oruse adopted newspapersand language, Kalasha to promoteinstitutions the educational documentation. and are fornostate languagepreservation There support no such culture, state supp right to preserve the same, in order for oral culture to exercise this right or preserve their sectionsthat of communities possessing adistinct ‘language, script orculture’ shall have the young Muslimat A to society age. assimilation children Kalasha are taughtin Urduas national language, which leadingis theirto the valleys, the schoolsin within the language.Moreover, Kalasha from the discouraged using of this to extinctiondue identity onceshift; as individualsare converted to Islam they are Kalasha, onethe it is as of founding elements, the identity. ethnic defining in It is serious risk language of Kalasha animism therefore is sacred. The issue of language veryis important for deeply Kalashathe languageis and Kalasha ritual the traditions Furthermore, rooted in culture and respect for their beliefs. ValleysKalasha is Kalashaaffecting humanby denying rights, the recognitionof the Kalash The Kalasha forced are toabandonmany ceremonies,

Constitution ofConstitution Pakistan: Art28. Alauddin, Imran Kabir,The Kalashof Kafirstan Unpublished, p., 56. supraSee note Kalash the Paradise lost

46, p.79.46, 52 . The persistence and persuasive natur ort is required to effectively exercise this right.

, p., 230.

20 years that serious 20 yearsthatserious efforts been have made byforeign

cultural performances, as they are disturbing and

15 lthough the constitution of Pakistan concedes Pakistan the of constitution lthough

e of by preaching Muslims the the in to change their calendar system and 53

However, there has been been has there However, reservation andreservation 54 .

CEU eTD Collection the officialthe ofuse English. with Urdualong language Thestate is Pakistan of toconstitution Pakistan. according the in Pakistan. There is no official recognition accorded to ethnic and linguistic minorities Issues relating to the use of official State language over et 56 55 54 non- of culture. death times.old of Loss languageis strong indicator of a culturalloss; death of languageentails awayworld, provided from “fireside” space previously that had of the the forstories sharing this is simply enough not more any you since their are graduallyng ones into drawn outerthe leading characters inthe Kalasha community becoming are increasingly concerned, saying usually transfer indigenous knowledge to the people during festivals and special events. Yet the lastare of people who the legendsand knowrituals the the “the wa Islamic Kalasha whoonly it dailybasis. speak 10,000Non and as - high (Islamized According tomakers the of Dictionary theKalasha theKalashamondr speakers could be theofreduces speakers common a language and its transference to generations. future associate i useage of Kalashamondr among theconverted Kalasha is very low aslocal Muslims in region. It largely remains oral an language and is mainly spoken byun HinduKush spoken languages the ancient in ofe one the is languag ofKalashamondr Kalasha maintenance. forThe sameand its educationdocumentation the in and consideration given minoritylanguageKalashamondr not like ethnic languagesis small but distinct preserve

Trial Cooper, & KalashaDictionary, p.12. ofConstitution 1973,Art 251. Pakistan See , inclusion of Kalasha language in Kalasha Schools, the efforts have been hampered. Kalasha Dictionary, Compiled by Trail and Cooper t tot pre a

- Islamic past that is viewed as something to exterminate. This dramatically 55

The con

Islamic Kalasha included) than than theIslamicincluded) current 4000 non- Kalasha stitution of Pakistan provides a right to its people to , SIL, & National Institute of Pakistan Studies, 1999. 16 56 The elders, guardians of the Kalasha tradition, ofKalasha guardians the The elders,

hnic languages beenhave a problem y they really are”.They - Islamic Kalasha. The

as as

CEU eTD Collection forest. and over been land have Kalasha people some cases .In violence physical threatened with Kalasha mortgagees in many casesrefuse tosell the trees back to the Kalasha, w of Pakistan extended loans to the Kalasha to redeem their walnut trees. However the non obtained thesethat trees were appropriated from theKalash on unacceptable prices.Walnut trees were grapevines in theKalasha Valleys were mortgaged toMuslims settlers. The data also reveals the district administration of C 59 58 57 constructions about the Kalasha have attracted many curious westerners aswell missionary forge to as excuse an dressculture veiling derogatory banaland form non oftheir associating entertainment, their existence as a living museum turning their religious festivals and rituals into a economic human and development. Kalashathe through abusivemeans exploitation. and trees and agricultural lands. Large portions of these resources have been appropriated from prime subsistence resources of theKalasha inc whichbase, vulnerableis to the greater economic political and power of society. broader The The survival ofKalasha culture the heavily is upon protectiondependent the of their land 1.3.2 Loss ofEthnic Territory visit’- documentary films Kalasha onhave the been portraying them assome‘mysterious to race startedtourism industry early as travelas 1970.Numerous journals magazines, photo and November 29, 2009.

ibid. supraSee 8, p. 156. Government of NWFP

The Kalasha people face degreeofThe Kalashafor people high social, a marginalization opportunities in

58 as one might visit a zoo or nature reserve.

for a pair of shoes, tea, sugar, a shirt or a hat in 20- in or sugar,shirt hat a for oftea, shoes, pair a

, - Festival (2009),Kalash

hitral 1000 trees 1985,morethan morein walnut and 100hitral than

The exploitation ofThe exploitation the Kalas

at from from at

17 stories about sexual liberation. These negative These sexualliberation. about stories http://nwfp.gov.pk/Events/index. lude communal pastures, oak forests, walnut pastures,lude forests, oak walnut communal

59

Th 57 ere haveere been continued remarks on According to a According survey conducted by 40 years period. The government period.Thegovernment 40 years - Muslim non and identity ha ha culture byPakistan’s php

Retrieved Retrieved hich were - - CEU eTD Collection

63 62 61 60 and enjoy their culture despite the overwhelming all interferenceenabl that sites are rampaged by tourists who destroy or steal traditional objects, effigies nature are falsely labelled and “marketed” as entertainment Sacred feasts. sites and graveyards mullahs purifyto the Kalasha with the light of Islam. derive.” intoraids the valleys, fromwhose forced conversions themajority ofKalasha Muslim protective authority ofChitral authorit Knowledge,Enclaved paper, in his 1969.In Chitral theof arrangementKingdom annexed this it uphold after not did access of Muslimmissionaries settlers and was restricted. T Chitral; this status allowed the Kalasha people to be left alone in their valleys, while the ofstatus the Kalasha Valleys, which were once under the protection of theKingdom of not of ceremonies, homesand Kalashato their generally. the mention privacy in villages the cores of daily dignity observance and privacy and alike.violates their children It women and photographic pointing ofcameras presence The constant tourists thoughtless men disturbs November 20,2009. development among the Kalasha of Pakistan, http://www.mtnforum.org/resources/library/park99a.htm

Walnut tress andWalnut Alpine seeds Pete Prestige Statues are stolen areand leased to Abbas Zaidi, r Parkes 2000, Their predicament adirect is consequence of theabsence of thecustomary protected 63

Yet, itwas their pre Ethnic Cleansing of the Kafirs in Pakistan the Kafirs in of Cleansing Ethnic

Enclaved knowledge :Indigent representation of environmental management and ed theKalasha topreserve their ancient language, practice their religion Professor Peter Parkes from the University of Kent argues: “With the

- existing right of Territorial and Cultural non- andexisting ofAutonomy Cultural Territorial and right p. Museums in Europe, in many cases destroyed. ies ineclipse,ies zealousmullahs organized proselytizing

5 . Retrieved from Retrieved . 18

, at at ,

www.gowanus.boo.com/Kafirs.htm - Islamic environment surrounding Islamicthem. environmentsurrounding 60

The Kalasha ceremonies of a religious he Islamic Republic of Pakistan

61 , Retrieved Retrieved ,

and fruit and

62

, . CEU eTD Collection 65 64 regime of argument.the tributary and Kalasharepressive equality under principle The incorporation in Pakistan, then this historical agreement may justify the same rights as a wereincorporated into Pakistan. of status the Kalasha should have not been ignored when the Kalasha as historic communitya thedifferentiated which Kalasha rights, were entitled thein former special kingdom. This Nevertheless, this historical agreement with the state persecution nonreligious and also - were missionaries and new settlers into the values. The Kafirs of Bashgal came asrefu ofonslaughts 1895. Kafirstan proper in The the asylumwho sought during of ofKafirs Bashgal, the only exception valleys, with and valleys their prohibited non- protected cultural autonomy under the suzerainty of the ruler of Chitral Prior to the secessio t Conditions of TheHistorical 1.4 two Kalash valleys in the 20 violationsgross of Kalasha people’s especially rights regardsin the conversionsto forced of Chitral,600years, in over who inposition succeeded the ofruler authority maintain their culture with this historical agreement for autonomy andnon to price heavy a paid However,the Kalasha Kafirstan proper. of Kafirs compared the to delineates in manythe nature ways of theautonomy helped that theKalasha Kafirs to survive, labour. The Kalasha existed in a semi su to valleysestablish that their own,order their had wouldremain tax pay they ontheir to

Cacopardo(2001), A.Qamar, bsistence, agricultural products and notin livestock bsistence, husbandry, could engage rewarded agricultural products and This historical agreement between theRuler ( Kalash the Vanishing Culture Gates of Peristan Gates n of Chitral to Pakistan, the Kalasha enjoyed an of Kalasha toenjoyed exclusive the degree Pakistan, n of Chitral , p, 45.

th , Jee Agha Printers, 1999, p.12.

century, ascentury, clear examples of this continuing subjugation.

If the former state of autonomy upon former state Ifwas retained the their he Kalasha Cultural Survival he Kalasha Cultural - slavery status for the Mehtar Islamic tribes. Kalasha settlers frommigrating intothe Kalasha

Ruler of Ruler Chitral prohibited the entryof Muslim 19

ruler also lays the the of- foundation alsogroup lays ruler

Mehtar) 64 . The Mehtar (King) Mehtar . The of Chitral and the Kalasha . 65

Depending upon theDepending - there have been interference. In

of Chitral Chitral of gees of

CEU eTD Collection means of power, or to renegotiate the terms of their association within Pakistan. right exercise their to of position a self in not were of “Aborigines Chitral” as TheKalasha labour. forced taxesand tosubjected tributary thatwhen the believed y became part of the nation state of Pakistan they would be not be they not wouldbe of ofnationstate Pakistan the y became part 20 - determination under international law with the

CEU eTD Collection ethnographic, linguistic, anthropological and works of the 20 has whichThe Kalashastrongfoothold, aboriginalfactor a appears more in 80 than Factor Aboriginal Kalasha 2.1 explored. a Pakistan, constitutionalhistorybrief the and rights of minorities and ethnic groups are also inKalasha of status the current the evaluate to order In of Peoples. Indigenous rubric the Kalasha This discusses culture. chapter indigenousness, and ifwhy they couldunder fall they 67 66 who were Bashgal Kalasha were an idolatrous slave tribe and a degenerate r Robertson Georgeclassifications. Sir Scott his Hindu in book Kafirs of Kush, writes that the the anthropologicbut early irrelevant not were thought aboutculture and themselves their held about people indigenous that study curiosity. Theviews and purpose of for the scientific existed civilizations way of culture primordial and religion, life. and habitantstheir(Kalashamondr), of aboriginal as with distinct own Chitral language w self their undermining of from alteration of their protected status and privileges under the princely state of Chitral. This consideration due without to their aboriginal rights. The Kalasha claim that they were immune The annexation of ChitraltoPakistan altered the customary status legal ofKalasha Valleys

Roberts SupraSee note p.8, 152. ere conductedmainly whothe byEuropeanere verify researchers people are that Kalasha In many In aborigines thatwere ways, on,

Kafirs HinduKush, of Original work published 1886, Oxford University Press, p. 23. C HAPTER HAPTER still independent and fierce fighters. fierce and independent still

2: - determination has a drastic impact on the surviva onthe impact drastic a determination has

T

al findings were unbalanced made and arbitrary cultural HE HE S

TATUS THE OF never contacted“discovered”before or never bymodern 21

K 67 ALASHA IN

ace in comparison with Kafirs of th

century. P AKISTAN

66

These researches

l ofKalashal

CEU eTD Collection American JournalAmerican of International law, Vol.92, many setbacks inthefield, especially for the purposes of International law. exhibits people has the of definition indigenous of coherent a absence the international law, of while Furthermore, the theorizing hasigenous rights ind importantseen developments in 70 69 68 Up until late the wasused termpeople’ the rights. seventies, ‘indigenous for The generic term people”did “indigenous not exist in past asthe an emblem collective of Rubric People Indigenous the Under Kalasha 2.2 indigenous peoples and communities: and peoples indigenous SpecialNations Rappor Peoples, and theAsia Indigenous Peoples Pact (AIPP) became internationally. active initiallywhich developed connections with the of pioneering World Council Indigenous peoples in Asia and Africa was facilitated. Th movement and organization the indigenous onwards of From organization. point this this in communities to come but together, also included and Asian indigenousAfrican communities focusing group a on people’sindigenous rights only not platform prov a ided for indigenous Europe andAustralia, Pacific Asia but not necessarily people the Asia.in Americas, the included These lands. home their the insettlers byEuropean colonized

Will Kymlicka,Will TheorizingReview: Indigenous UniversityRights, of Toronto Journal,Vol. 49,pp.281-293 Id. Benedict Kingsbury, Indigenous peoples in International law: A constructive approach Asianto the p4. controversy, ,The

c) b) a) present, of one or more of the following factors; continuation of maythe consist continuity historical The systems. and legal social institutions cultural their patterns, own with accordance in as peoples, existence continued the their as of theiridentity, basis ethnic and territories ancestral sectors of society and are determined to preserve, develop and transmit to future generatio non or them. territories, formparts They of atpresent in those prevailing now the societies of pre d) Indigenous communities, peoples and nations are those which, having continuity with pre

- colonial societies that developed their on te developed societies that colonial membership of international community, dress, means of livelihood, life in specific manifestation in or general, Culture them; leastof at of part or lands, ancestral of Occupation Common ancestry with original occupants of the lands; habitual and general or and normalhabitual general language). homef means at the in communication or of as only mother used the language, (weather as Language teur Jose R. Martinez

No.3 (July,No.3 1998), pp.414-457.

- 22 Cobo procured mostthe publicized definition of rritories, consider themselves distinct from other sectors sectors from themselves distinct consider other rritories,

e Pacific

(such as religion, living under a tribal living a tribal system, under as (such religion,

amily, or as the the amily, as main or preferred, -

Asia Council of People, Indigenous , for an external period reaching into the

- tongue, as the habitual the as tongue, - style, etc.); 68

The foundation of

people who were were who people 70

The United The United - invasion and 69 -

dominant ns their ns CEU eTD Collection 23 August 1994, E/CN.4/Sub.2/AC.4/AC.4/1994/4/Add.1 E/CN.4/Sub.2/1986/7/Add.41986, p.29, paras 378-80. 72 71 occupations from Macedonians Aryans, and dynasty)Muslim (Rais colonizers in the 14 and invasions subsequent ofHinduKush who antribe through the went is original Kalasha thedefinitionApplying above of people indigenous to the Kalasha, it becomesident ev that ais general consensus on “self Peopl on Indigenous generations. future their identity to ethnic culturaland and ontheir develop pass preserve, to determined dominant sector of society in their own ancestral territory. Despite alltheKalasha odds are Rukmu Mumuret and they are, today, outnumbered by Muslims, makes which non- thema historical continuity reaching into the present day.Within these three small valleys of Biriw, territories of the three Kalasha valleys have been their last abode lin own. The of their language and code dress system, animistbelief peculiar of ancient an and kept their ethnic identity a theyresistance Islam thisofthey to hardships endured 600years during period showedtheir fromdifferent they and high Muslims, paid forprice thischoice. theHowever despite their religion and culture in order to remain as They to and pay choose retain ofMuslimto tax, slavery. ruler “thangi” labour the authority Chitral and the Kalasha were left with two options: either convert to Islam or accept the TheCentury. ousted Rais Kalasha the from tribal sovereignty and their

Draft Universal of Declaration the Rights ofIndigenous Peoples: Art 8,12 Special Jose Rapporteur, R. Martinez There is no There universally definitionaccepted of people indigenous as the UN declaration The Kalasha people’s worldview is manifested intheir culture through the observance f) e)

Residence in certain parts of the country, or in certain regions of the world; Other relevant facts relevant Other

es fails rights to definition providea of Indigenous therepeople. Instead, 71

-Cobo,

s Kalasha. - identification” Study of problems of againstDiscrimination Indigenous populations

23 72 Kalasha enabling them toconsider themselves

as criterion a of fact indigenousness. In it was th

session ofWorking Group Indigenous Peoples, king Kalasha the people’s politicalauthority in

, UN Doc. UN Doc. th

CEU eTD Collection when assessing indigenousness: into that 4.20,followingtaken be account the suggests criteria which directive operational 75 74 73 decolonization is ofnecessary. India spreaddis wide and ofstatus the Kalasha not is recognized inPakistan. Inorder to evaluate the reasons for neglect how glacial melting is theaffecting peoplesof HinduKush. Nevertheless,the indigenous people indigenous and change climate for word”. submitted on UNHCR whichsite states, “Kalasha are indigenous in every sense of the status indigenous in for preservation WorldBank itself byawardinggrant a cultural the claimasfurtherlegal strengthenedThe Kalasha peoples’ is treated be by to people indigenous based attachment to their ancestral territory and resources, agro Kalasha fully above the The points outlined strong are applicableto in their to reference themselves.more A balanced approach to self by in draft indige the declarationrights first promoted right a of as indigenous Indigenous Indigenous Programme”(hereafterSurvival KISP) legal the their have as “Kalashidentity, they formedsuch construct organizations indigenous

http://www.unhcr.org/refworld/docid/49749cd22.html World Bank: Grants Facility for PeoplesIndigenous Secretariat Rural Community Development Program, Pakistan, p.5 The World Bank Ope e) d) c) b) a)

production aswell asthefact that theKalasha possess a distinct language of own. their Primarily subsistence Primarily Presence Presence of customary politsocial and Anindigenous language, often differentfrom thenational language; Self Close attachment to ances to attachment Close 75

The KalashaThe themselves know theyindigenthat are - identification and identification by others as members of a distinct cultural group 74 rational Manual: Sep 1999,People Indigenous . The Kalasha, have been asidentified by also an. TheKalasha, people indigenous reports crimination, overview an of the the modern during formation state Islamic - oriented production. oriented tral territories toand the natural resources thesein area;

73

ical institutions; and ical institutions;

and presented a case study of erosion soil and on 24 - identification is provided by the World by Bank isin identification provided the

76 . KISPparticipated has UN in meetings , OD4.20.

-

ous people and order in to legally pastoral subsistence, non

2004 based on their ontheir 2004 based

nous peoples peoples nous - cashed

CEU eTD Collection and Developmentand 2007, Policy, p.6 a regular NGO in Pakistan. work for Muslim championed campaign the political forhad Pakistan, liberal which views, be his can to traced who Britain Jinnah,lawyerin a educated Mr. academic their upon finishing studies. receivedto countries native returned their and all education had England Nehru their and in true for the main political leaders in the Indian sub 78 77 76 classes, each with their own social, political and religious interests became stakeholders in the for independence multi thein continuity, call perceived comprised linguistic ofsocial, backgrounds and diverse cultural beyond geographical subcontinent. Indian Muslimthe communities allMuslims idyllicof to echoed of new a land behind force political mobilization of the Muslimdriving communitie nationwas Indian impossible. one historical clashes champion different the identities his onIndia; of arguments based onthehe Muslims Thisdeparting pointwhich, wasthe forbenefits. him,to after joined the he Muslim league formingMuslims, despite large a minority in India,wouldnot have the same political ain British system, they acquired sense a of citizenship rights and numberlarge lawyers are trained in British schools and universities. As thesewere educated Britishby the colonists, resulted in production modernof - Theory Constitutional English and CommonLiberal were toareawhich introduced the Law, Identity of TheRole Religious Pakistan: of TheCreation 2.3

R.Ahmad 1997,VolRetrieved from 2,-421, pp.419 Ishtiaq Ahmed, KISP: Indigenous Kalash Survival Program was 1998created in ownby an initiative among the Kalash and is registered as The role of religion The roleof themovement religion in independence becan as viewed ofa Pakistan Religious Minorities Religious thein Union andEuropean : Historical Pakistan Comparisons, - between and Hindus Muslimsclaimed and thattheir existence together in Hindu unity.

78

His viewswere drastically alteredafter realization the that

www.jinnaharchive.com/docs/doc/1915/01151111.htm 25

- continent; leaders such Gandhi, as Jinnah ple socialple ofdifferent ways. All the educated classes, among whom a

under the law.

s in India. The ins India. promise

Institute forInstitute Security

77

This holds

CEU eTD Collection Parliament. south youngest lawyertoAsian ‘called be to the inBar’ England wellas th 82 81 80 79 order toform aseparate state. of majority ofa Mus with areas congregation a secure to strived he and fearedJinnah thatHindu would majority have undermined their socialeconomical and rights argued theory of this empire. Theproponents independence uponIndia’s from colonial the rule group India. Muslimssecond in largest the to theory being according the the risk ofran Hindu nationtheory’. “two the upon ofheavily Thefor ofperception separationrelies dominant Pakistan. demandcreation a MohammadAli Jinnah, for many utopia’ bylarge gy offar from founder was ideolo Muslims. This the Pakistan’s The political campaign for aseparate state transcended the theocratic message of a‘puritan hegemony History andReligious 2.4 Constitutional but nootheroption partition with the of India. departure left and them of ontheupontheir turmoil. Theburden responsibilityfell British configurations posed serious threats to law and order,security, and foreseeable political protests and march minorities Muslim Indiaintensifieddemandthroughout their carrying outfor Partition liberation of India from the British Colonial Empire came closer to materialization, the but forpowers territorial not determination wasonly atused the time justify the of to independence peoplesfrom colonial

Jinnah wasJinnah distinguishedlawyer politician and who studied at Lincolns Inn in London. He merited becominghimself in the Ibid. See See

supra notesupra at 74. P.7. notsupra 8,p.1

its rationale on the basis of irreconcilable The creation of Pakistan exceptional is in the sense that theprinciple of self www.jinnaharchieves.com

es, while while es, incidents of disobedience civil occurred.

79 82

T

his theory stressed the need foracceptance an mainof two nations a liberal strong and of believer constitutional democracy who

80

or or place minoritiesethnic to for independence. bid a As the 26

political, religious, cultural and social order. e firste Indian politician to securea seat in British 81

These twoopposingThese lim population, inlim population, - CEU eTD Collection sense because that is the personal faith of each individual, but in the political sense as citizens of the state.” course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not so in the reli equal citizens of one State. Now, I think we should keep that in front of us as our ideal and you will find that in prin fundamental this with starting are We ... State the of business the with www.Jinnaharchives.com 85 84 83 religion was deemed to be important to contain all differences with in pre Even the name of was thesate set to become the “Islamic republic of Pakistan”. While constitution Pakistan’sshifted orientation favouring Musli predominantwithin a the Theinclusion religion state. of state having role official the an in of religion the brought back prospect emphasis principles onIslamicand its identity with The for objective Pakistan. resolution constitution make Assemblythe to constituent entrusted the instead and M.A Jinnah, of Pakistan develop into a modern state without interference from religion in its functions. start off, asanon by giving equality, founded onthe ruleof was law, to protect its minorities on the basis ofprinciple the of equality over religion by minimizing its role to the individual level. His vision in a state awarded equality a central place as aprinciple of Jinnah citizenship. precedence gave to two The of worship in the State of Pakistan. You may belong to any religion or caste or creed – to the first Constituent Assembly on 11 the Pakistan of Muslim citizens. society, which, retainingtolerant while Muslim a wouldgive majoequal rights non rity, to its rejected the theory of Pan “

M.A. Jinnah, Constituent Assembly Jinnah, InauguratingM.A. Speech See See M.A M.A You free,are you are free to togo your tem Constitution of Pakistan Pakistan of 1973,Preamble Constitution Jinnah InterviewJinnah Mr.Doon with Reuters’ Campbell, Correspondent, New 21 Delhi, The lib - nation theory in India was rootedin religion differences, but itsactual application eral vision of Pakistani state was set 83

Jinnah, in hisJinnah, in capacity first generalas governor gave the following speech -

equal to itscitizens.He was right thatPakistan offact conscious the would secular state with Muslim majority but his vision for Pakistan was to - Islamism and envisioned Pakistan as aprogressive, democratic and

ples, and you are free to go to your mosques or to any other places

“objective resolution” 11 27 th

August Pakistan 1947,Karachi: Publications, pp.8-7.

- aside after the deathearly of thefounder th of 1947. August midentity rather thancitizenship. 85 ciple: that we are all citizens and and citizens all are we that ciple:

was passed in 1948 by the 1948bythe in was passed st

May 1947, Retrieved May from

that has nothingto do - dominant Muslim

gious gious

84

- CEU eTD Collection way of thinking. religious faiths bypromoting one andthinking forcing othersthe submitto to thismainstream onfaith. qualifications The majority religious free is precedent to group take other against domin make to ations orthodox institutions or religious allows religion can defining religious identities more elusive in terms of protecting their special rights. The state power of a minority with in it. These acts of creating minorities render the case of pre shows the that religious majority can exercise the power of defining astate religion and create withinsect the Muslimfaith asnon traditions are at the risk of being c disqualify non- constitution of 1973.Thenon- Muslims religious identities are apparent in the various constitutions leading to the current constitutional development ofidentity onIslamic and Theaccent Pakistan. of exclusion non- determination. created asuccessful movement theBangladeshi for people claiming their right toself on ban usethe of became the physicalonly entity that wasable to theof suppress rights minorities. ethnic The utilization. Thepolitical involvementofarmy become the state in politics as it prominent 86 multi- and cultural differences were suppressed and set aside. Religion as homogenizing force for th multi-

See at religion was an essential core of Islamic national identity and all other ethnic, linguistic , supra, note 8, p.at 8. ethnic, multi howeverlinguisticethnic the society Islam as the state religion and marker on national identity played a central role in the 86 conformist or newreligious disciplines from within;major the religious

The representation of Islamthe in nationbuilding utilized process the idea

“Bengali” language in East Pakistan (now Bangladesh) as an identification - lingual societies excludednon societies lingual

Muslimminority distinction empowers the state religion to lassified as religious minority. The declaration of Ahmadis - Muslim minority throughMuslim electedminority democratically office

and territorial rights were suppressed through its 28

- Muslims asonly mi norities in Pakistan. Pakistan. in norities - existing separate

- CEU eTD Collection which has splintered andcountry.” splintered has the which fragmented has intensifi led an identity to national 89 88 87 withpeople their ancient pagan beliefs do not sharethe same identity religious of rightsethnic not does apply to allethnic groups and majority evident of is small. thatthe ethnic Additionally,concept numerically it be to territories. which status, itoverautonomous acquired wasupheldthe after byPakistan jurisdiction tribal administrated tribal areas present an interesting co major groups ethnic that are the Sindhis,Pakhtuns. Punjabisand Baloch, The federally provincial new with arrangementfour provinces autonomy, created contain fourthe which government rethink to the of structure To Pakistan. achieve some of stability kind political came to illustrate that Pakistan was unable to exist as a monolithic Muslim entity, causing the has provenbe nation to fu tile. a define hegemony to religious the shown that has Pakistan formally East called country the majority religion of Islam. together is through held the nation peoples showsthat multi of character ethnic Pakistan’s The 2.5 restriction on new settleme language, culture and resources; in the caseof Sindhis the latter negotiatedis as ademand for thatof facedgroups fourare major bythe Theissues ethnic level. representation onnational autonomy throupoliticalgh provincial recognized groups and are ethnic large the Central Asia Central

See onCommittee the Elimination of Racial Discrimination Fiftieth CERD/C/304/Add.25 session: Ahmed Rashid, Ethnic Minorities in Pakistan: in Minorities Ethnic ,supra 8,,supra p. 112. In identifyingIn majority population, a onethnicityand are thebased Kalasha considered , by,, 2008, p. 36. 88

Still, there are inconsistencies relative to the inclusion of all ethnic groups; only

Descent Into Chaos: The United States and the Failure of Nation Building in Pakistan, Afghanistan, and and Afghanistan, Pakistan, in ofNation Building the Failure and United States The Chaos: Into Descent

nts in their province. province. their in nts

The experience of thesuccession of Bangladesh fromPakistan According to Ahmed to “ Rashid, According

Exclusion of the the Kalasha of Exclusion cation of ethnic, linguistic and regional nationalism, regional ofand cation linguistic ethnic, 29 89

in the same manner inPakistan. The Kalasha

87 - relation to their pre

The separation of Bangladesh as new Pakistan’s inability to forge a

23 April 1997,p.5,23 para April - exis ting rights andting rights

Islam, .16.

a CEU eTD Collection yet those in thetribal areas face imminent threats of physical termination. The efforts to general. in religions 91 90 that non- alloc seat number,the in very forsmall being province a minority in provided in constitution 106;the under Article “{w}here no independent seatis allocated ato minoritygrouprepresentation ofreligious Pakistan. explanation each in A noteworthy is Provincial government forthe areon competed ofthe bases strength numerical rather than t constitution of Pakistan for religious minorities. The seats allotted for religious minorities in The Kalasha people are alienated from political participation as it is defined in the 2.6 after Chitral came under theJurisdiction of Pakistan. Thepre and out cultures. Ali that: predominant urban Rehman pointed have oblite over well have populations donot which territory ethnic Valleys.defined as effect, Kalasha this In Kalasha into the religious iswhich a common of the feature other ethnic groups in Pakistan. This “otherness” classifies Constitution of Pakistan.

Constitution ofConstitution 1973:Pakistan (Ch.3), Tribal (Art Areas 246). supraSee note p.20.8,

Religious Minorities in Pakistan: Exclusion of the Kalasha of Exclusion Pakistan: in Minorities Religious - Muslims in the that province shall be deemed to include that minority.” deemed be shall that include to thatprovince the Muslims in the large generalized categorization challenges their decision rating rating Kalasha byplacing the character category indigenous a people’s themin with Discrimination due to r to Discrimination due and have remainedand an economically depressed community for centuries. from distinct Puktuns totally people who failsare but Kalash, mention to Province West Frontier group ofNorth “ Provincial with in the constitution of Pakistan may address the issue of rights of Pakhtuns who are main are of Pakhtunswho the ofrights address issue may ofPakistan constitution with the in Provincial - existing are rights areas mafor autonomyoftribal the - scale religious groups have advantage over small groups and mainstream less

91

minorities category minorities category themgroups all the with non- However, the Kalasha were excluded from similar the treatment

eligious affiliation can be assumed for all religiousminorities, 30

- making opportunities, as well ” 90

intained and enshrined in the in enshrined and intained

ated jointly to all other

92

Muslim urban Muslim urban This indicates ethnic ethnic he he

CEU eTD Collection 92 districts. and Swatvalley Sharialaw groupsimplement the adjoining to in Muslim religious Kalasha Valleys affiliated. are Particularly, this occurred when thegovernment allowed the resulted Islamicintroduce Law), (Sharia law would which have precedence over regional law, state significant componentsother of identity, ethnic and culture. language notion ofthe relig a is and and exploiters givingway a to negligence ethnocide insensitivity For forces. Pakistan, with weakening Uprootingor it the culture inHinduKush Mountains. the residence their cultural identity. The Kala people cannot Kalasha move another to location; it would imply complete a departure from groupsethnic which are urban and whosevery culture is not dependent upon the land, the homelandof year beenfor thousands has their that well a have people the as Kalasha where the country throughout deprives the Kalasha of political resources. The religious minorities in Pakistan spreadare indigenousscale community. The shift from minority ethnic an category religiousto minority them which Muslim culture, into hegemony theaffirmative and measures conducted designed are toassimilate and integrate representatives who not are aware of culture theKalasha and religion. Thereligious madefor themby are which affectedbydecisions, Theyare group. marginalized religious leve allow for specific representation quotas for Kalasha within not the does Pakistan Constitution of that becomes it apparent analysis above, the Through People Kalasha for the No Protection Observation: 2.7

Constitution ofConstitution 1973:Pakistan (Article 106). l and also at the federal level. In this way the Kalasha are politically the most

in discrimination of religiousminorities in North West Frontier Province to which ious minorityious is focused distinction solely onreligion does and not include sha andhasculture religion evolved through centuriesof prevents thecorrect assessment ofissuesfaced by thesmall

31

s. Unlike the other religious minorities and religiousminorities the other Unlike s.

legislative bodies Provincial at - defined small ethnic territory

93

-

CEU eTD Collection University Press,University 1991. pp. 3-4. 94 93 falls thatof state Pakistan argued the under their jurisdictions. Pakistan signed and ratified order, in successfully explicabilities interpretations and twoconventions, is having of these Kalasha people, the ICERD and ICCPR the are most relevant. Therefore, a close examination represent the of substantial the core hum contemporary capacity to the adherence of international law as a whole. ofenablingd autonomy,broader an a principle on the hence predominance of sovereignty internationalplatform.be a phenomenonas on the could This viewed de their jurisdiction. This is essentially the act of states negotiating issues of the domestic sphere bound preservewilfully to themselves the rights of the acts, the emergence of human law rights has come topresent aframework states where self interest in a strict sense and relying upon reciprocity as a means of commitment to such from conductedamongst were agreements them.Deviating binding that thatwouldrules govern the conduct of states based on primarily customary or practices above, fromAs states internationallaw, Henkin identified conception, established and its Case Kalasha of the Legal Setting 3.1

Henkin quotedHenkin in Dixon, & M. “CasesMcCorquodale, R. and onMaterials International Law”. New York: Oxford Jared Ferrie, Minorities as Risk in the North-West Frontier Province, Minority Rights G The State ofThe State hassignatory Pakistan a party been the to conventions that comehave to toa its obliga to interest persuade nation violate more important substantially important increment of interest in performing the obligation… it takes an extraordinary and mentions that,Henkin “A norm or obligation brings no guarantee of performance; it does add an C HAPTER HAPTER 3:

P ROSPECT OF OF ROSPECT I NDIGENOUS NDIGENOUS 32

ir natural citizens persons and within

an rights regime. the rights In casean of the C ULTURAL roup International, July2009, p. 5. tions. S

the norm of pursuing pursuing norm of the URVIVAL 94 - emphasis onthe

CEU eTD Collection http://www.universalhumanrightsindex.org/hrsearch/search.do?lang=en&accessType=country&countries=122&orderBy=cat 97 96 egory®ionCountry=country 95 achieved”been different racial groups and that they shall not be continued after the objectives for which they were taken have provided, however,tha enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal measures“Special taken thefor sole of securingpurpose adequate advancement of certain racial or 1.4: addresses the issueof remedies. crux of The thematter for theKalasha people lies in Article guaranteeing equal rights; Article 5 equal access envisions publicserviceto Article and 6 broader scope of CERD asawhole. Article 2.2 stresses the importance of protection for beshould identified. Article 26of ICCPR a is non- Pakistan, it is evident that theparticular clauses pertai an indisputable source in determining general treaty obligations. therefore giving it effect within Pakistan, boundby it is still provisionthe of Article 18, being attempt to define signature force entryinto to prior its andof treaty any thepurpose not defeat object to obligation 18of Article more so, merit. Even context of human rights law, a claim that it has risen to customary law status is not without existing has notthat it yet been bytheofratified state Pakistan. that Considering vast majority the of 1966 in CERD A State A is obliged to refrain from acts which would the defeat andobject purpose of a treaty (b) to clear treaty; not becomethe or to madea party its have intention until it approval, shall or (a) that such entry into force is not unduly delayed.

United Nation International Covenant on Civil Political on Rights and Covenant International 18: Article

it has signed the treaty or has e it has expressed its consent to be bound by the treaty, pending the entr Having argued that the provisions of both CERD and ICCPR bind the state of the state provisions arguedofthe Having that CERD ICCPR both and bind states participant are to the treaty and it universally is acknowledged assignificant Obligation not to defeat the object and purpose s HumanDocuments, Index, rights at; 97 .

95 . Concerning ICCPR, its legal effect somewhat is narrowed due to the fact t such measures do not, as a consequence, lead to the maintenance of separate rights for

- only legal effect. Since thestate of Pakistan has yet to ratify it, xchanged instruments constituting the treaty subject to treatyratification, the subject constituting instruments xchanged

Vienna Convention onthe LawTreaties Convention of Vienna

33

of a treaty prior to its entry into to force its prior entry treaty a of discrimination clause that falls under the ning to thecaseof theKalasha people y into force of the treaty

when:

recognizes an

and provided

ethnic groups groups ethnic

acceptance 96 , in an an , in CEU eTD Collection private, to manifestprivate, to hisreligion or belief worship, in observance, practice and teaching. or to adopt a religion orbelief of his choice,and free Art 18: shallEveryone have the right to freedom of thought, and conscience religion. This right shall include freedom hav to correspondence, unlawfulnor to onattacks hishonour and reputation. 99 98 its after of state properauthorities the bythe enforced be thatshould of violation a case Convention. other measures as may be necessary to give effect to the r necessary steps inaccordance to its constitutional processes… toadopt such legislative or legislation or othermeasures, each state party to the present covenant undertakes totake the already not eexisting providedfor byth ICCPR“where it isaddition, by the stipulated itself, 18. established17and and is asbyArticles thought consciencesuch, it as expression, them bot pre minoritydisregarding religious that requires immediate amendment. Furthermore, the narrow definition of the Kalasha as a nationalofKalasha violation parliamenta ofrights the representation in the constitutes in analyzed chaptersprevious of the thesis, of political adequate lack participation and linguistic minorities, are predominately applicable in the case of theKalasha. As it has been provisions of27which the ofcomplements Article rights religiousand addresses ethnic, that needs to be filled so that the conditions set in ICERD able to be fully realized. there bethough, could that argued well, ofmajoras it survival the groups maythis constitute not discriminating a act, since these provisions aim maintainthe to Kalasha the to smalldue ofthe size population their lackand of momentum. political While groups yet but not reached has ethnic within major Pakistan applicableonly the to currently is effect, provision rightsIn andaccessconvention. the available survival this equal to this in The Kalasha tobenefit are for the positive provisions of this article in order to secure cultural

International covenant on civil and political rights, Article 2.2 ICCPR, Art: No shall one be subjected to arbitrary or unlawful interference with his family, privacy, home or Furthermore, Furthermore, h the status ofseparate a ethnic status recognitionas h the group freedom adequate and of 99

Moreover, Moreover, paragraphunder 3of the same article it envisions for restitution in Article 24 of the ICCPR, relating to political participation in particular

- existing notions of distinct identity and culture, denies denies identityculture, and notionsofexisting distinct dom, either individually or in withcommunity others and publicin or 34

ights recognized…” by the

is alegislativeis gap

98

In In e

CEU eTD Collection does not threaten the territorial integrity of the state. Since there is no relevant treaty open for 103 102 withAccordance theof Charter the United Na 101 100 interpretationexclude an of political no tosovereignty by movements,is challenge national reason to separatist intended there right of self determination has b situations. Namibia East Timor and Palestine are examples of non upheld.” consistently tobeen determinationhas self whoseright 4000people about qualify for the right to self determination: itsuffices to cite the caseofHelena… St. with of showsthere nominimumpractice United Nations is the that to for population figure as colourcanwith right” or considered complying be the representing whole belonging the people to withoutthe distinction territory as to ra that government stating “a UNdeclaration only a in relevant involvement wasverified deve and their political andeconomic,cultural their pursue determine status social freely “{a}ll peoples have the of right self content has been identified. all colonialall situations hasthere been increasing acceptance of theright innon otherhand, On the clear capacity. “{w}hile it is that the diminishedlegal with not people, are of thepopulation a 4000 Kalasha,Therefore, with

Ibid., p.Ibid., 226. Dixon and McCorquodale, p. 220. onDeclaration Principles ofInternational Law concerning Friendly Relations and Cooperation amongst in States ICCPR Art2.3: PartyEach (c) (b) (a) lopment”. Theprincipleof people’s and determining status choice in political their

Even though the content of Article 1 has created considerable debate and as and 1viewed Even thoughcontent created is the debate ofhas considerable a Article The most important provision of the ICCPR is contained in its first article stating that To ensureTo that the competent authorities such shall enforce remedies granted. when remedy. State, toand possibilities develop dicial ofju oradministrative legislative or authorities, by any other competent provided authority for bythe systemlegal of the ensureTo that notwithstandingremedy, that the violation been has committed by persons acting in official; an ensureTo that any whose person or rights freedoms recognized herein as areviolated shall have an effective

any person remedyclaiming such haveshall the right thereto determined by judicial,competent

to to the present Covenant undertakes: 100

een internationallyeen acknowledged” tions AssemblyResolution General 2625. - s tatus - determination. By virtue of that right they freely - determination as indigenous status, insofar as it 35

right of self 101 . Furthermore, . Furthermore, consistent“{t}he

- 103 colonial territories where a - .

determinationapplies to

ce, creed - colonial 102

CEU eTD Collection 105 104 justifications or contained exceptions to conduct byappealing defend its rulebut recognized Activities in and against Nicaragua, “if acts state inaway primafacie incompatible with the recorded in the Interna isdeclaration expressed apology an as for non- practices there still is the space for recognition of customary law, especially if themode of representatives with official capacity, yet not limited by or so, be claiming to statements it byfrom state the official evident would be andperception of offrequent the by occurring them law.under required rule a being This presence ofopinio juris sive necessitates: namely whether the actions The most reliable way to establish the existence of custom anddistinguish itfrom habit is the pe applicability. obligations” l “concerning of state consideration unilateral that acts and declarations of and accredited an official representative adds enhanced an applicabilityofadaptation the instantrule customtaking into especially custom or law instant of acceptance of to international new ofUN,a rule the prestige amounts has beenwhether consensus, discussionto there considerable as internationalforums in the of binding effect legal ita have not per thatalthough se, does noted be itself, should peoples it manner.onindigenous declaration in Concerning transitional the a could derived be right the onindigenousvoting status on only and declaration a of ofrights peoples exist indigenous the

Ibid., pp.Ibid., 59. pp.Ibid., 31-32, 50-51. and rtinent to examine whether there is acase of customary law affecting its basic premises.

international context, 1ofserveas article foundation ICCPRa such uponwhich a could Finally, law, in theforFinally, anyevenit facts humanisweighing pertainingto case, rights 104 . Moreover, the fact that Pakistan was one of 30 the states thatvoted in favourof its

105 , even though it is though , even it concept a clarification onscopepending its and

egal orfactual situations,may theeffect have of creating legal tional Court of Justice’s decision of Military and Paramilitary

36

conformity conformity justified a or derogation. As it is

to only that. Even in cases of Evenin conflicting only cases to that. of a are state consistent, CEU eTD Collection 108 107 106 of aboriginals will and thetake to the Pakistan action government Kalasha calling declaring 1971. in Chitral Pakistan. Prime Mi suzeraintyto loose of check a wasin of autonomous Chitral the where status 23 years the1947 until accession full to it by officially in Chitral 1972, is there a periodofsignificant international law recognizes legal personality to other territorial entities. party; state proper a as have would effect it diminish the not colonial rule,should British independent further kingdomand Muslim rulers by Chitral being under the supervision of the semi trace the existence of protected status over aperiod of 600 years. The consideration of its from a former colonial rule to independent status. Vario time, even ininstances of Chitral’s accession to adifferent sovereign entity, or succession international law, it can be argued that this practice was consistent over a significant period of theIn case of Kalasha the valleys’ statusprotective being an instance of cus regional must larger be necessarily than two”. long theof practice on statesalocalcustom the basis which maynumber why see of established between be objected on behalf of India that no regal custom could be established between only two state custom theit local itis on of by formulated basis as of a passage claimright Portugal’s of to regard “{with} rule; regional custom is equally effective. In a 1960 casethe ICJ established by this stating: the determine binding not effect of ruledoes a customary a exercisingsuch recognizing or previous rule currently superseded is justified. On the contrary, the number of parties in ofonly the persistent a case objector thata new ruleapplies or that the adherence to a the significance of the attitude is to confirm rather than to weaken the rule” wit

See Ibid,. Ibid, pg31 hin the rule itself then whether or not the state’s conduct is in fact justifiableonthatbasis, fact in state’sconduct is the or the hin rule itselfthen not whether -

autonomous status, which occurred as a a of previously ofconquering as the result the occurred which status, autonomous supra notesupra 8, p. 154.

It is important to note that by the time Pakistan emerged as an independent state in

108 He known to have been first Primeminister to visit the Kalasha Valleys nister Bhutto terminated all special privileges pertaining to royalty of

107

37

us academic and historical sources

106 . Moreover, it is it . Moreover, s. It is difficult to iss. It difficult tomary

CEU eTD Collection 110 109 lack of Consequently, the restitution of walnut trees, were an implicit recognition for the necessity of protection. governments ofofferingrecent of such Pakistan, the tax as of cultur case the in as obligation, perceived an effectively condonesofcustom the it regional existence actions contrary, bythese the even international law though state the neither expressly nor tacitly consent to the rule” of be customary can rule arguestate boundbya a mentions that “many authorities indigenous andstatus, protectivethe measures to ensure culturalsurvival. As Charney reflected in thecategorization of Kalasha as aboriginals, setting aprecedent for claiming continuing the special protective status that applied before, thepresence o and specialeducation fund the for Even welfare. though did formallyBhutto not refer to protect them. defines culturalgenocide groupespecially “{d}eliberately inflictingas onthe conditio ofns creates legal obligation to state all parties toprevent any occurrence of genocide. Article 2. makes pertinent. it Th of that discrimination basis threatand religion ethnicity, facing and ofon the their extinction vulnerability of groups, indigenous who remain among mostpersecuted of the all minorities minoritiesof convention the are not explici Within text existence the of ofphysical the right legal individuals. enshrined fundamental the onThe Convention the Prevention Punishment and ofCrime the of Genocide 1948 3.2 ofcustomcustomary law. to regional existence international amounting for evidence the custom, previous convincing to is adherence rigorous accompanied byless

as quotedas Dixonin 34. McCorquodale, and p. supraSee note p.228.7, International International 109

One of thepositive measures that appeared as aresult was thefunding for Legal

e e validityconvention, acquired widespreadhaving to due ratification,

Framewor

objection to or condemnation of a protective status, though though status, protective a condemnation of or to objection

k on Indigenous Cultural Survival Cultural k onIndigenous 38 tly mentioned, yet, it is naturethe very of

al preservation. Finally, the actions of more of actions preservation. the al Finally, - free loans to theKalasha for the

f opinio juris is juris opinio f

110 . On c CEU eTD Collection

issue: 114 113 112 111 Protectionthe of Integration and Indigenous and TribalOther Semi and ncerning co the 1957convention is force in relevant Historically international instrument the same for cultural genocide.” genocide were indivisible. It would be against all reason to treat physical genocide as crime and not to do the was merely the means. Thus the ends and the means were closely linked together; cul by destroying its special characteristics…. cultural genocide represented the end, whereas physical genocide namely, the destruction of a national, racial or religious group as such, either by exterminating its members or biological, since the two crimes were complementary in so far as they had the same motive and the same object, mention explicitly which Assembly, General the of 96(1) resolution spiritof theand letter to be contrary would “{it} ratherrights than ofconvention this nature.” moregenocide “was dealt with appropriately with in the ambit of international law of human that cultural view wasrepresentatives the byseveral whoThe inclusionopposed held stated group”. Des 2) publications in the language of the group, 1) Prohibiting the use of the language in daily intercourse or in schools or the printing or circulations of religious belief of its members such as: religion or culture of a national, racial or religiousgroup the on grounds ofnational racial or originsor “In this convention genocide also means any deliberate act committed with the intent to destroy the language, R presented in the ad hoc committee following theview reflected inUN General Assembly calculatedphysicallife bring aboutdestruction to its wholepart” in or rightsthe and advantages enjoyed by otherelementsof population” becausethe they “are not notion the that Indigenous Peoples and tribal people are hindered “from from benefitingfully “indigenous peoples” as distinctand vulnerable groups needin of protection. It laid onstress Independent (hereafter Countries ILO Theconvention peoples” 107). to referred “tribal and esolution, on issueof2 elaborated the genocidein Convention: draft esolution, article cultural

Ibid., p.84.Ibid., Ibid.,p.62. (2000),J.Rehman The Weaknesses in the International Protection Minorities of Convention on the Prevention and Punishment of Crimethe ofGenocide (1948): Art 2.c.

troying or preventing the use of libraries, museums, schools, historical introductions and objects of the Furthermore, the connection between connection physical the Furthermore, culturalexistence the and of groups ed cultural genocide in its preamble. Cultural genocide could not be divorced from physical and 112

114

39 113

The Pakistani delegate commented onthe , Kluwer Law International, p.72.

tural genocideand physical - . TribalPopulations in 111

CEU eTD Collection 120 119 118 117 116 115 Art 27 of ICCPR stating that “[t]he terms used in article 27 indicate that the Committeehas universal meaning Rights commentedThe Human onthe of application and profess and practice their own religion or to use their own language.” shall not be denied the right, in community with other members of their group, to enjoy to thculture, eir own “ responsibility. communities the indigenous thatthey to extent andcapable desire, are of exercising,such 169 requires thetransference of responsibility inareas of development their course - for people Indigenous todecision involvedin be frameworkwithin the ofStates the in they which live”. economic andlife waysof own institutions, over control their to exercise (indigenous) peoples orientation of previous the standards. Theemended convention recognizes “the aspirations of new internationaladopt in Independent Peoples (hereafterCountries ILO need acknowledged which the “to 169), withILO itsreformulation 107lead to 1989Convention concerning the and Indigenous Tribal com national integratedthe yet into common and in group protecteda culture, be are whoa those to a to who share belong InternationalCovena the people. traditionalindigenous institutions placethroughof the take In those states in which ethnic, religious or linguistic minorities exist, persons belonging to such to minorities such belonging exist, persons minorities linguistic or religious ethnic, which in thosestates In

International Covenant ofPolitical Civiland Rights ILO 169: Arts. 25(1),22(3), 27(2) and (3) ILO 169: Arts. 6(1)(a), 8(2) and 12 ILO 169: Arts. 6 (1)(b), 7(1), 15(1) 17(2) & ILO 169(1987): Preamble ILO 107(1957): P In context of context In language culturaland as would the rights, to they people,apply indigenous development and to maintain and develop their identities, identities, developand maintainand their languages to and religions, development 119 reamble

nt of Political and Civil Rights Article 27 states: standards on the subject with a view to removing the assimilation 117

and sets the the activities andtorequirement sets other and of consultation

munity”.

40 115

Yet, criticismYet, on theassimilative nature of making processes so that they m 116 120

In In addition it emphasizes the need such as health and education education such and health to as

118

Most importantly, ILOMost

person designed person ay chart the chart ay CEU eTD Collection andsustained intervention by States. only formal, equality of persons belonging to minority groups. The implementation of these rights calls for active 0442c12574530063ebac/81CC8AE9FAD29C75C125664B0 http://sim.law.uu.nl/SIM/CaseLaw/CCPRcase.nsf/84e20b5c5052 OpinionAdvisory Schools No.64, Minority in Albania, 1935 P.C.I.J. (ser.A/B) at 9 126 125 http://www2.uakron.edu/low/Nicaragua.doc 124 http://www1.american.edu/ted/ice/yanomami.htm 123 02C549B?Opendocument 10/05/90.Canada. CCPR/C/38/D/167/1984. 122 121 rights the of exercise effective the established…Only were intuitions cultural adequate unless theoretical purely be obviously adaptation of the educational system of the country. The right accorded to members of minorities would quite “It is hard to imagine how the culture and language of a group can be conserved without, for example, a special preserving their cultural traditions: in measures minority groups positive toassist to take implynecessarily obligation an ofdiscrimination minorities, has protection and taken t by appointed UN- the Capotori, Sub Francesco Rapporteur peculiarities, traditions their and their national characteristics.” “ensure for theminority element suitable meansfor thepres Canada “cultural integrity”, as in the case of Ominayak, Chief of theLake Lubicon Band of ofconcept interpretation the throughbroad a land resources and over rights peoples articleestablishes lawThe Case under toindigenous 27relative peoples emerging indigenous positive legal measures of protection and measures to ensure the effective participation…” fishing or hunting and the right to live in reserve protected by law. The enjoyment of those rights may require resources, especially in the case of indigenous peoples. That right may include such traditional activities as way of a particular including forms, many itself in manifests “{c}ulture language” a /or and religion Law internationalHumanminorities new beinga conceptin ofnot Rights well and ethnic is and Culturaland Rights in p.94Europe, quoted in Perry Keller: Re ConcerningCase the MiskituIndians Nicaragua, of Conflict Humanand in Rights the Amazon: The Yanomami, Retrievedat CommentGeneral No, 23(50) 15 H . Canada. 10/05/90. Communication No. 167/1984. No. Communication 10/05/90. Canada Canada. v. . Band Lake Lubicon Chief ofthe Ominayak, Bernard 125 Moreover, the fact that positive assistance and measures essen are . In 1935. In International the courtof Justice instructed Albanian government the to 122 , the Yanomami , the

Varady,T. Law and Ethnici set forth in Article 27 (of the ICCPR) can guarantee observance of the principal of the real, and not -thinking Ethnic Culturaland Rights in p.95Europe,

case 121 uman Rights Journal Law (1994) at 234quoted in Keller: Perry Re

and elaborated onGeneralComment in elaborated itsscope 23: and 123 ty, Course Material, AcademicYear ofLegal 2007 Studies -2008,

A passive attitude on the part of the latter would render such rights A/45/40 Vol. II(1990) IX Annex sect. A (pp. 1-30) the one concerning the Miskitu of Indians the the and concerning one Nicaragua

International Court Justice of 41

he position that ethnic minority rights

, commission on prevention of onprevention commission June 27, 1986General List No. 70 at

life associated with land with of use life associated 126 ervation of their racial

Likewise, theSpecial

tial for the survival

- thinking Ethnic

.

124 v.

CEU eTD Collection them their land and stresses that their land, land rights and natural recourses should not be taken away from culture, including their own language, and also recognizes the special relationship of indigenous peoples to or Ethnic, Religious Linguistic Minorities and A/RES/47 paras 213,217, 242 and

of people. of Themandate fundamental humanand situation rights freedoms of indigenous MechanismExpert onthe Rights of Peoples Indigenous and Speci the of Permanentprotection rights: the peoples’ indigenous Forum Issues, the onIndigenous system. Three separate mechanisms have been established toadvance thepromotion and 130 http://www.unep.org/Documents.Multili 129 URL_ID=4793&URL_DO=DO_TOPIC&URL_SECTION=201.html 128 127 partofUNDRIP; it is the normativeframeworkthe incorporating whole Unitedis the Nations Declaration onRights of Peoples Indigenous referred,hereafter as recognitionof developmentthe in Finally, most outstanding rights the of peoples Indigenous “The Conference endorses the right of indigenous peoples to maintain their United Nations General Assembly. specific, article In 21 reads as: Combat DiscriminationGeneva Racism in 1978and in Racial held and approved bythe presented bytheUni attending 123nations the action program and indeclaration the grew of stronger peoples legitimate demands indigenous of for and need habitat. people the protection of their allr on Diversity Biological Convention the Principlesand 1992Forest the instruments as such the 1992 RioDeclarationon Development, and Environment Agenda21, waysof life. tribal andprotectionof the their encouraged peoples UNESCO’s Man and the Biosphere program legitimated the conservation role of tribal addition,In TheUN biosphere Reserve Program, proposed 1971 originally in as partof inoperative’ The ConventionThe on BiologicalDiversity www.cbd.int/doc/publications/cbd

quoted in Victims ofProgress H. J. Bodley, (2008). DeclarationRio onEnvironment Development and at UNESCO’s and Man the Biosphere program http://portal.unesco.org/science/en/ev.php UnitedCapotori: General Nations Assembly Resolution Declarationand on the Rights ofPersons N Belonging to ”. 130

127 .

ngual/Default.asp?documentid=78&articleid=1163 Victims o Victims 42 f progress. f progress.

129

Still, the international response to the (10 -ts -10.pdf ted Nations World Conference to to WorldConference ted Nations th

ed.). Lanham, MD: AltaMira Press, p. 168.

traditionalstructure ofeconomy and

128 -

Additional international al on Rapporteur the

UN Human Rights UN Human efer to indigenous to efer ational ational

CEU eTD Collection normative force. of of thebeing the peoples world indigenous The normativeframework ofminimum for UNDRIPsurvival sets standards 138 137 136 135 134 133 132 131 has been substantial engagement with the Declaration” substantively fair and improves the coherence and determinacy of indigenous peoples’ rights; and, finally, there it is p senses: of three a result isin legitimate Declaration “The ofAssembly. Charter, itthe hasNations as adoptedresolution General bya been territories consider the UNDRIPto be a non means autonomoustheir forfunctions. financing self In exercising the right of self of their cultural traditions and customs are enshrined in article 11 of UNDRIP. or identity. origin indigenous result a of as rights,their particular exercise in of the oftheir in discrimination from kind any individuals free are and allequal to peoples andother and haveindividuals the right free be to functionalwithin Council. frameworkPeoples ofHuman the the Rights worke of to onth Rights Indigenous togethermakepeoples to Declaration indigenous UN the and member Mechanismunprecedented states Expert for UN provides opportunities equitable compensation. evengoes fu Rights Declaration on Indigenous inflictedUN uponthem,the harms injuries and cultural

Charters,Claire The2009: Indigenous world Ibdi, art 28 Ibid, art 4 Ibid. Art11 2 Art UNDRIP: United Nations on Declaration ofIndigenousRights People:art 43 The Indigenous Copenhagen,world 2009: IWGIA 15. p. The Indigenous world - governmentmattersin re On the other hand, those states who deny the existence of indigenous people in their in of people indigenous existence who the thosedeny otherhand, states On the

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- 133

determination, indigenous people have the right to autonomy or autonomy to or the people have right determination, indigenous lating totheir internal and local affairs, as well as ways and

igenous peoples The ind safeguard maintenanceigenous to and right rights for indigenous people through restitution andrestitution for through people indigenous rights

132 43 138 . Article 2 affirms that

. 135

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genous peoplesandgenous , dignity , dignity well and eby denying it denyingeby it 134

- CEU eTD Collection Abbas Zaidi, life. There rareare detailed reports on theethnoci parties tothe Kalasha Valleys, which endangered theKalasha religion, and culture way of Muslims in Pakistan. The Afghanistan dauntingreligion by prescribing becamelaws that ofnon- discrimination source for the Islamist nationalism throughmilitary aid in the Afghanistan 139 of events: the for the cleansingfactor ethnic of non- Islamic tribes at the end of 20 modern nati to supporttheend genocideofevidence the century. oflast “Kafirs Kush”at the The of Hindu forcedthrough conversions to Islam byfundamentalist groups. There is historicalsubstantial non- vulnerable and that, the emergence of terrorism in the region with religious extremism shows that minorities statenotthe is actively showing of intent ethnic ofKalashacleansing the Having People. said alone. or Conventiongroup TheGenocide notis directlyapplicable to theKalasha because into effect as a binding multilateral legal document for protection of the physical existence in order In to promote the arguments for communal protection Genocidethe Convention comes 3.3

Pakistan ‘s majorPakistan English newspaper Genocide Convention: Relevance to Convention: Genocide seized nearly 70 percent ofpercent 70 nearly seized hard to discover. The Afghan a large cultivated piece of their land in Bumborate and built a mosque. What happened after that is not seminaries where, in addition to learning Koranthe learning to addition in where, seminaries Pakistan. The Kafirs Coincidentally, that year saw Kalashnikovs and heroin begin to penetrate of every cranny and nook During theDuring every Muslim and every Muslim and non and nook every corner of Pakistan. As a result, countless Tablighi “General Zia called upon the nation to go one step further than the Government in bringing Islam to on state of Pakistan ofon state cannotheld Pakistan be ethnic responsiblefor the cleansing of non-

assistant editor for “ 1980s, the Pakistani State, the1980s, Pakistani under the militaryZia ruler Ul Islamica groups

got the first taste of things to come when some to come when some things theof got taste first - Muslim Pakistani preaching the the preaching Pakistani Muslim

th

century sinceitcentury exist not did 1895.However in the religious Kafir refugees and the Pathan The Nation”

Islamic peoples is relevant to the presen re at theethnocide of aexterminationor at physical re risk land during the period 1981 to 1995. They built mosques and - Soviet brought war refugees and proselytizingzealous 44 139 Ethnocide

, gives asomewhat sensational commentary de of Kalasha people during thistime. people ofduring de Kalasha by rote only, students learn the arts of war, Tablighi

- - Deobandi Soviet war and made of role the

parties (now known as the Taliban

Tablighi (proselytizing) parties confronted confronted parties (proselytizing) Wahabi Wahabi

zealots illegally occupied occupied illegally zealots t situation.t version of Islam. of version - Haq, promoted - ) CEU eTD Collection targeted…” Churches have been destroyed, intruders burned Bi imposed in other towns and on other communities as well….Christians have suffered under Taliban rule Federally administrated tribal Area….in the process, the Taliban destroyed 11 Sikh homes… the Taliban insurgency is in question. According to a a to According question. in is insurgency Taliban of much islife situation very culture present under prospect their and affectedbythe when the harassment and threats received by the Kalash. Therefore, the survival of theKalasha people 142 141 140 offences include such to Convention scope ofGenocide the the byexpanding minority groups have vulnerable ethnic protect groups itsterritoryin and the prevent occurrence of genocide.There Bearing in mind human its minorityand rights obligations, rights sometimes minorities, religious targeted have Taliban “The is still being held by the Taliban). This incident has further intensified the frontiersunprotected mountain by the Taliban. was Valleys Afghanistanprojects abducted from Kalasha takenthrough and into the the working from 2009,a cultural protection Volunteer September Greek onKalasha In Pakistan. in war the remotemountain frontiers of Afghanistan Pakistan,and which receive no credible takingare place inthereg the border areas. This fear based is on thehistorical experiences and the current events that well and ongoing onterror rel the war with Currently, VolunteerGreek Kidnapped in Athanasius Pakistan, www.grvol.blogspot.com Lerounis, Jared Ferrie:Pakistan, Minorities Risk at in Ethn Zaidi: Abbas

HRCP said that the Taliban demanded jizya from Sikhs living in Bara, a town in the Khyber Agency of the -

established fear of physical extermination on religious grounds by extremist groups in groups byextremist exterminationonreligiousgrounds establishedphysical of fear been considerable developments in international law to protect individuals as well as means of livelihood was irreparably destroyed” vegetation grew sparse, the jihad Afghanistan the of The fruit first elsewhere. "infidels" wellagainst Pakistan as within minorities non and Muslim against and inKashmir India against used thatare techniques 142

for the for the ic Cleansingic of the Kafirs Pakistan,in http://www.gowanusbook.com/kafirs.htm Kafirs

was the decimation of the Kalash the Kalash of decimation the was ion. It is also an undeniable fact that the Kalasha live in the locus of the in locus Kalasha alsolive thatthe is fact undeniable an It ion.

Kafirs'

the North-West

cattle met the same fate as their forests, and the traditional Kafir the and forests, traditional samefate their as the cattle met 45 bles as well as the altar…Individuals have also been , Minority, Rights Group International, p. 141 140

.

(At the time of writing the Greek Volunteer

recent Minority Rights Group report; imposing jizya, atax on non- igious extremist acts, theKalasha have a forests and wildlife by the Afghan refugees. As the As refugees. Afghan the by wildlife forests and

Pakistan is required to Muslims. Ms. Hilali of of Ms.Hilali Muslims.

5

- 43 Muslim religious Muslim

intimidation, Jizya hasbeen

CEU eTD Collection 143 outsi groups regionalits political interests, which has been expressed infavour of oppressed Muslim Furthermore, the position of Pakistan in regards to the right of self plenary meetings Pakistan’s representative Begum Ik the in adaptationIn interest ofgenocideconvention. it keen therefore showeda the had well Pakistan convention. genoc exclusion inattempted of the voiced cultural disappointment differences. Pakistan’s officialcan judged be onthe genocide understanding of cultural shows that it arises from thecleavage of religious, ethnic, linguistic and radical cultural as forced displacement and demographic changes. oppression ofWest Pakistan’s majority rule. Bangladeshi people today maintain the view that departure of brought the current and resistance byIndia intervention suppress the right of self platform commonreligiousidentity to g a Usin were ofdenied. withPakistan, rest religion current ofPakistan, East Theexample perspective. in religious identity of question the puts which international stageshows the double andstandards contradiction Pakistan a championingand the of right self a Northern areas. Concerning theconflict areas of Kashmirand Palestine where the Muslims of the people Baloch,and such the Pakhtuns as itsborders, groups within Muslim ethnic re thetaken groups,a oppressed hasre Pakistan hypocritically - pro

Javed: - end was the destruction of individuality.’ of peoples was the destruction end separate cultural life was intolerable to them. In other words physical genocide was only the means a with endowed a community of the existence because crime that committed extermination mass of crime of those guilty the Moreover, annihilation. as completely physical as itsindividuality destroy characteristics but by its spiritual heritage. To deprive a human group of its separate culture could thus It must be realized that very often a people did not differ from its neighbours by its racial the weakness the in protectioninternational minorities of day Bangladesh, shows that the rights of Bangladeshi people, despite sharing the same the sharing despite of people, Bangladeshi rights day the Bangladesh, showsthat de its borders. Essentially, it has opposed the self has the opposed it Essentially, borders. its de - determination was able tonot ground hold for long; military

- established fears for the cultural genocide India fearsin established cultural of for the Muslims - determination of their people. This position onthe 46

144 . p. 58.

143 ramullah said:

Observation of genocide in th in of genocide Observation active position in advocating

- - - determination is based on based determination is determination of day Bangladesh from Bangladesh day the ide from the Genocideide from the pplies in principle,

various various e field e field , the the , CEU eTD Collection forms ofcultural and political autonomy. to Theright self as aconcept covers a full spectrum ofpossibilities ranging fromfull statehood to limited discrimination clauses are firmly entre EuropeanCentral Minority University, Protection 2007/2008 Corpse 147 CEU, p.7 146 145 144 for the recognitionby reluctance their determination, hence the sovereign state. nation rule.majority In 1971the successfulseparation of Bengalis from as Pakistan an independent undivided India, the Muslimsof under that theythe wouldsuffer tyranny argued Hindu a Collective rights were theat core of thePakist collective rights formsthe very base for inviolability of religious and cultural identities. groups. principal of equal rights. discrimination. Collective rights are questioned and criticized in comparison with the standprincipals to they opposition ofliberal in equality, individuali The notion of collective orgroup rights in liberal and secular democracies challengedis as 3.4 s of arethere still otherethnic groups in been thathave Pakistan ofconsistently their denied rights attained throughthey fromto right independence self the Pakistan based” See Eric Heinze: The construction and contingency of the minority concept, p .155 Tibor Varady: Majorities, law,Minorities, and Ethnicity: Reflec See supra note 8, p. 8. elf COLLECTIVE

supra note p.108, 84. - - 147

state shows that collectiv determination, including the Kalasha. the determination, including

The principle of physical existence, theright toself developingIn with nations non-

as they create obligations upon states such theygroups towards as create obligations upon states

RIGHTS: RELEVENCE TO THE KALASHA THE TO RELEVENCE RIGHTS:

146

It is often argued that they are “particularistic and identity e rights are very much connected withright are very the e muchof self rights connected nched notionsin international law. Self secular democracies such as Pakistan, the relevance of

47

an’s creation. As they were a minority in tions ofthe Yugoslav Academiccase, Year 2007-2008 - determination governs the right of

- determination. - determination, and non determination, and

or membersor such of sm, non- and -

determination 145

However, However, - -

CEU eTD Collection 1989 HARVARD INDIAN LAW SYMPOSIUM 191, 204. 204. 191, SYMPOSIUM LAW INDIAN HARVARD 1989 Kalasha Kalasha and ongoing conversions forced ofs conversion the base onthe Thehistorical of religiousvery it. the to discrimination unable group toprofess a The Kalashapractice as are freely and religion and their culture due 150 149 148 fundamentallyare different from Islam professed and it’s inKalasha polytheistic beliefs, Muslimexterminated to morality. due Thecreation myths indigenous and discrimination. of Many of ancient practices the traditions ofKalasha have the had be to their territories in the fe in 2described chapter of thisthesis, dominatemajor groups ethnic Pakistan’s population with The theory of collective rights is compatible with the general political context of Pakistan. As integrity.” significant part extends from a generally applicable human rights norm of cultural law new bodyofindigenous concerning “{t}he international their cultural integrity and with respect to their natural recourses. Anaya has argued that, evoked27of peopleindicates that indigenous have Article ICCPRfor rights ongroup law group as r rights well collectivism.is combinationofa based It individual twoopposing strainsthe universalistic of egalitarianism individual, - differential, and identity control external threats which are detrimental to their survival as a group. to position toa in be order the in in modernstate chooserole to their right their society, det to peoples

Ibid., S. James Anaya, The Rights of Indigenous See

supra notesupra 8.

remedies. states to act affirma act to states individuals who have been persecuted as a group should be acknowledged as from coercing assimilation or abandonment of cultural practices. The ultimate contention is that …{it} cover[s]all aspects of indigenous [the] U The 148

niversal declaration and the indigenous and tribal peoples convention represent ermine what kind ofermine kind what relationship they maintaindominant wouldliketo the with

. 79 p. 149

deration consisting ofderation four Provinces, areas Tribal Northern and areas. tively to protect the cultural matrix of matrix of cultural the protect to tively

People 150

s andInternational Law in Historical and Contemporary Perspective to Islam verify this claim of religious and cultural

48

group's survival as a distinct culture . . . [and requires]

indigenous

peoples intersects with and in

groups and not simply to refrain refrain to simply not and groups

a group in any public public any in group a history of Kalasha ights. The case ights. The ,

CEU eTD Collection indispensi individual entitlementsthrough and A rights. collective approach,therefore, rights is two core threats indentified asa loss of ethnic identity and territory cannot be remedied perpetrators ofKalasha cult the levels that onvarious operating been has of culture Kalasha appropriation the the and ethno through of culture exploitation their and existence as ancientpeople has increased due to assim own culture is ridiculed, insulted and destroyed. Thepressure to abandon the continuity of cultural traits. The Kalasha are expected to respect the norms of dominant society while their culture by dispossession of their natural recourses, vital to maintain distinc by theunrestricted arrival of Muslim settlers. This consuming is theadherents of pagan ritual rites in scared sites in their ethnic territory. ceremonial cycles and customs. Kalasha The honour different mountain sprits and observe proselytize non proselytize the in particularly relevant one, according to which Islamic people were not allowed to settle and historical territory. In this regardthe“protected status o International law to follow through the customary practices that were established in its principles bound that the is own general under right) govern its kingdom(previously a in state underrule,i British successor to a undividedIndia an being of Pakistan, Islam. to Thestate identity through conversions of cultural loss secondly,the and indigenous issues.core Fir threats vulnerabilities,describedThe multifaceted and 1,can as in groupedtwo be Chapter in 3.5 Land Restitution & Cultural Protection: Prerequisite for Kalasha Survival forKalasha Prerequisite Protection: & Cultural Land Restitution After the accession of Chitral to Pakistan’s “protected area,” the Kalasha were swamped ble salvation ofvanishing forPeople’s the the culture. Kalasha stly, the rapidloss ofrecourses natural Nonto - - Islamic Kalasha area. As aresult of customary this practice of ural ethnocide cannot be identified within as a single entity. The 49 - tourism.Theassimilation policies in education

ilation policies of national integration Kalasha people is a major issue f Kalasha Valleys” being a

ncluding Chitral t religion and

CEU eTD Collection Retri 151 minorities and protection of sites of religious or cultural significance for such minorities. forms “securingof sustainability continuationand and; traditional economy of of indigenous restore and to the in titles andnative protect ofth interests persons lands indigenous eir …” as an effective application of article 27 of ICCPR stating that “necessary steps should be taken has g predominantsolutions. autonomy, the as emerge cultural of groundsinform andrestoration and “protectedstatus” the of on racial religious the enclave; restitution of traditionalstrengthening properties, the non- of Pakistan to decide through which affirmative actions it will redeem this imperilled cultural indispensare ible for their cultural survival as indigenous people. Itfalls under the discretion and fromforce are which taken through trees pastures, and lands, for their claim restitution cultural and economic The integrity. issueat hand, hence, is whether the Kalasha could still meansofceandundermines their severely subsisten compromises their physical, spiritual, this protective status has led to violations of the Kalasha people’s human rights as it Kalasha people are taken over indiscriminately. Pakistan’s failureprotect to andrecognize protection of valleys the no longer being recogniz transferred or expropriated third to parties, unless this wasdone goodfaith in and otherwise lost possession of their traditio leave haveto forced have they been or where even maintaintheir rights property peoples Paraguay

General CommentGeneral No.23 : The ofminoritiesrights (Art.27) : 08/04/94.CCPR/C/21/Rev.1/Add.5, 7.para ved at http://www.unhchr.ch at ved ained momentum internationally. The Rights Human Committee has addressed issuethis A motionA for restitution of traditional lands resourcesand of the peoples indigenous Moreover, in thecase of Indigenous Sawhoyamaxa , the Inter - American court

explained that its jurisprudence holds that indigenousholds its jurisprudence that explained nal lands, nal lands includinghave their where been 50

ed, ed, the lands, trees pastures and of the

Community of the Enxet People v. discr imination parameter

151

CEU eTD Collection Indigenous CommunityIndigenous v. Paraguay: http://www.ggp.up.ac.za/human_rights_access_to_medicines/additional/2009/inter%20american%20legal%20materials/Saw ofJudgement March 29,Retrieved from 2006. 156 U.NDoc.E/CN.4/Sub.2/384/Rev.1, No.E.78.XIV.1 Sales (1979) 155 154 153 hoyamaxa 152 In thecase of Indi Conventions: both MinoritiesCommission has onDiscriminationAgainst of human interrelatedness and rights Economic, customary rule of international law. Convention affirms; ruleset a forth in treatya may binding upon become a third asstate a ICCPR Article 27, which constitutes customary international Aslaw. Article 38 of the Vienna which implies that State party is required to take steps in accordance with the interpretation of existence ofrigh the the meanstitlepre is a not it that Court, consensually. the According to that:

See Francesco Capotorti: Study on the rights ofpersons belongingto ethnic, religious linguisticand minorities at 1,U.N. International Covenant on Social,Economic, and RightsCultural 1,art. Dec.16, 1966, 993 U.N.T.S. 3 Vienna Convention on the Law of Treaties, May 115523,1969,art.34, 331,341. U.N.T.S. -AmericanInter ofHumanCourt (2006). Rights.

supra notesupra 148, quoted in case of them.” way as they are in the case of the provisions on cultural rights under the Covenant guaranteeing of culture, the States are under a duty to adopt specific measures to implement Article 27 in the same Covenant onEconomic, Social and Cultural Rights . . .It is, accordingly, clear t with the right to education and the right to take part in cultural life, which are provided for in under the members of their group seems to be involved not merely with freedom of expression but rather more minorities of members of right the rights; the community itself..” itself..” community the recogn are lands, there from, such as the appointment of their own leaders and the right to lay claim to their traditional Their political, social, economic, cultural, and religious organization systems, and the rights stemming rights; the same rights they have enjoyed historically and not since their esta entities. legal blishment as “ “ (ICCPR), Rights Political and onCivil InternationalCovenant the has signed Pakistan IndigenousCommunityv.ParaguayIACtHR2006.pdf Recognition of legal personality allows indigenous communities to enforce their previously existing Among the rights referred to in Article 27, at least one goes beyond the range of civil and political Social, and CulturalRights (ICESCR) 155

genous Community Yakye Axa Yakye v.Paraguay Community genous ized, not to the legal entity which has to be registered to fulfil a legal formality, but to but formality, legal fulfil a to be registered to has which entity legal the to not ized, t to restitution to t of lands. indigenous 156 Judgement 29, March of 2006.

-American CourtInter of Human Rights. (2006). t Caseof 153 , Francesco Capotorti, the Special Rapporteur , the theto Sub Rapporteur - Capotorti, Special Francesco

Case of of Case the Sawhoyamaxa Indigenous Community v. Paraguay: Pakistan has also ratified the International Covenant on

to enjoy their own culture in community with the other other the with community in culture own their enjoy to 51

154

; given the principle

elaborated on ofthe cultur link 152

the Inter-

- requisite that conditions thatconditions requisite American Court stated he Sawhoyamaxa hat, at least in the field field the in least at hat, of interdependence

e in in e CEU eTD Collection 160 159 158 157 questionstatement avoided the above of discrimina special reference toKalasha girls forced conversion. minorities.” the protection under Convention thatwould minorities excludes ethnic, linguistic or racial groups living 9,“ authority of the article under 1199 the of customary justice they faced have it are Kalasha people claimpreviouslyIf the to rights contest infringement their existing and the and was uniqueGreat, their culture threatened bymodernization and tourism.” They were believed to be descendants of the minority of about only 3,000 people who lived in the rem tolerant attitude, the delegation of Pakistan referred to the Kalasha as “an ethnic .” ofConvention implementation the and minorities a broadeneffort itsscope to clarify and itsintent. It has whilethe ofconvention Recommendations oversees implementation an the in General issuing status. indigenous Elimination of All Forms of Racial Discrimination could be referenced to encompass the purpose, For occur. this the implementation of the

Committee onCommittee the Elimination of Racial paraIbid., 2. Ibid., onCommittee the Elimination of Racial Discrimination Fiftieth CERD/C/304/Add.25 session: 23 April 1997 religious groups, communities and minorities in order properly in able be to to minorities communities and religious groups, In an effort an forIn negateallegations to religious flexible a present persecutionand and

th

meeting, the committee responded to the periodic reports of toperiodic reports committee the meeting,responded the Pakistan, submitted

158 nd racial groupsnd racial requiring “precise variousinformation onthe linguistic ethnic,

The committee

The CERD c The

has questioned of the insituation and Pakistan minorities in ommittee isommittee the human rights instrument thatestablishes and

Discrimination Fiftieth CERD/C/304/Add.25 session: that the policy of the State party to to thatrecognize policyofState party the 157

In its 50 is evident that recognition of indigenous status should 52

th Greek soldiers in the army ofAlexander the

session derive from their official recognition as 159 tion based on religion but it revealstion vital based it onreligion but

, asit is summarized inthere ote International Convention onthe

pressed for pressed the ofidentification in the country the in from specific any

mountainous regionof Chitral.

23 April 1997 23 April

only religiousonly

and religious

cords of 160 verify verify

The The

CEU eTD Collection at 163 orracial ethnic group (Art.1, par. par.1 & 4). 22/08/90.UN Doc. A/45/18. 162 161 opportunities to preserve the unique culture.” people economically and socially up to religion, and conflicts over land, property, and natural resources illiteracy, rapid conversion to the religion of the general population, suppression of traditions by the dominant “ World 2004 by Bank in that: issuing concerned.” individual shall, if no justification exists to the contrary, based be uponself anpeople as indigenous whilepeople the committee is “of the opinion thatsuch identification culturalautonomy.and thereforedifficult” in contradiction is intermingled and integrated in Pakistan and ethnic compositionto linguistic that “ Islam and deprived of their means of existence. Ther donotthey mixintermingle or other ethnic with populationsproselytized unlessthey to are maintain their distinct racial traits as well as their distinct language, culture and beliefs, as way of life. Theapproximate Islam of population to 4000 people who did ert conv not who lost their Indigenous Kalasha cultural Identity, racial traits, language, and beliefs and who were forcibly converted to Islam orbecame Muslims over theyears are the only ones women, verifies which that the Kalasha have a historical continuity in the place. The Kalas ha descendants of Greek soldiers, then the soldiers must have married local indigenous Kalasha their possible origins, from which itis implied that if the Kalasha are believed to be officially admitted that Kalasha were an ethnic as well as religious minority. Pakistan refers to information related to Kalasha people’s cultural survival. It is also the first time that Pakistan Preservation of Intangible H www.worldbank.org/indigenous

World Bank: Grants Facility for PeoplesIndigenous Secretariat Rural Community Development Program, Pakistan, p .5. paraIbid., 10. Committee onCommittee the Elimination of General Racial Discrimination, Recommendation 08: No. Identification with a particular The recognition of Kalasha people as indigenous can be supported by the grant awarded grant bythe supported be can as indigenous people of Kalasha The recognition

162 161

. eritage of Kalash … to address the problems of the Kalash People, including

no reference to the rights and situation of Kalasha situation and Pakistan rights makes the to noreference

par to that of the Muslim population in the area; providing

163 with the essence of essence previous their the statementwith onorigins

and and racialthat any or was identification ethnic 53

racial efore, theefore, ofreply insistence in Pakistan

and linguistic groups linguistic and were deeply … {Whose} objectives include bringing the - identification by the CEU eTD Collection and nature ofprocessconsequences the and with an provided opportunityeffective to minimum allof the that members ofCommunity the are fully accurately and informed of the nor effective participati community 14years the title extinguishment neitherafter proceedingsconstituted prior began CommissionRights. onHuman of informed prior has also consent been delineated inthe casel found the in new ILO Convention No. 169,which not is byratified Pakistan. could also be that peoples,affirming numberof a of standards rights indigenous the with 165 164 interests are taken without their informed consent’. State ‘thaturges parties nodecisions directly and [indigenous rights relating to peoples] survival in their environment. is which consent” another issue of relevance particular for indigenous peoplescultural life. the Kalasha as aprimitive race of European stalk wh and wide spread racial discrimination exists due to ethno modernization tourism” and The acknowledgement from delegate Pakistan’s the that, “ Retrieved at andlands territories. by thesubstituted right to just, promptair and Such compensation. compensation farshould as as take possible the form of landsreturn those territories. and thisOnly when is forfactual reasons possible,th not right e restitutionto should be territories and traditionally owned orotherwise inhabited orused theirwithout free and informed consent, taketo steps to develop, control use and their communal territories and lands, resources and, whe The Committee5. especially calls uponStates parties to recognize protectand the rights ofindigenous own, peoples to

Genera note 153. See,supra

The delegate did not specify if the modernization tourismand “free prior are informed In In I n relation to the right to consent, the CERD refers to Recommendation No. 23, which which RecommendationNo. theto 23, toCERD refers consent, toright the n relation l Recommendation No.l 23: Indigenous Peoples. 18/08/97 Mary and Dann Carrie http://www.converge.org.nz/pma/CERD

on. To have a process of consent that is fully informed ‘requires at a informed fully is of‘requires that process a on. Toconsent have 164

provides another another provides v. USAv. -GR23.pdf , the Commission noted that convening meetings with 54

opportunity to explain that the thatthe opportunity explain entrenchedto

165 ich denies Kalasha the right to dignified

This recommendation dealspreciselyThis - tourismthat thrives on marketing unique cu re they have been of deprived their lands aw ofInter the lture was threatened by The requirement - American

CEU eTD Collection without harmingwithout interests”. exploiter’s the community. sufferedthat Theypossibly from grou illusion an weaker back, when came it totaking adverse steps against the aggressive members of themajority 169 168 167 166 disturbance, divergence, even disintegration, and usually to dangerous dependency” “ Lost TheParadise bookKalash, his exchange resource foreign a of the country unique primarily foreigners the curious takingintoas consideration to open Kalasha people is touri this of people. over control thediscrimination Nothaving economicalbenefits direct ofKalasha the led thepropaganda has to exploitation of territoryalso indigenous resourcesto and but racial Kalash The tourism inKalasha valleys was introduced bytourism state agencies stereotyped that the The above participat collectives’. as or individually e and leadsto interference active with people’s religion and culture States that are required to cultural indigenous enclave, disturbing the and structure function of small indigenous enclave rism tou their to due traditional related way ofcontinue business life, encroaching on their consentofprior the Kalasha people. This phenomenon limits capacity their engageto and direct involvement evident is as a of non case people asatourist commodity and their representation asa“primitive race”. Th

Rossel, 1988:13 p.130. Rossel, , quoted in Progress John of Victims H.Bodley, Ibid., supraSee, note p.283.7. Mary Carrieand Dann v. United Case States, 11.140, Report 113/01, No. Inter- e economic, technical and cultural marginalization of tourism exposes cultural minorities to discontinuity, discontinuity, to minorities exposes cultural tourism of marginalization and cultural technical economic, e The activity of cultural appropriation by the Pakistani touris The direct injury and cultural harm comesfrom cultural the appropriation of the Kalasha

Kafirs - mentioned standards are obligations imposed upon states under international law. under internationallaw. arestates imposed upon mentioned obligations standards sm, theKalasha merely reflect a picture of a“primitive human zoo”; azoo which , a mysterious, a primiti

ve pagan pagan ve intribe the activeHindu Kush. This tourist in which he says:“The echelons of higher Govt.sulked 166 168 167

55 . This exploitation byAla . This summarized - participation, discrimination with no free and

Am. (2001) C.H.R. m cooperation agency’sm cooperation . 169 ps could be could ps protected

As Rossel states, uddin in

CEU eTD Collection photographed. them chasingKalashapinching them women,forcing and tourists dark, be the to in performances that require drastic measures to stop the waves of disrespectful Pakistani The ceremonies sum ofKalasha. dancing oflife the spring, tourism industry is responsible for the influx of alien disturbances in the cultural and religious opportunities exploitedentertainment be bytheTheto state. external interference of thestate ritual, ancestral history with deep spiritual meaning for Kalasha and are not touris brochures andmedia exposure. These traditional ceremonies performances are ofidentity, 172 171 170 life. cultural of otherfield any public economic, or social, exer enjoyment recognition, or the impairing or nullifying effect of or purpose the has which nationalethnic based or onrace,descent, restrictionor originexclusion, preference colour, of Art.1 the CERD, defiwhich discrimination ofKalasha the people and their waysancient of being. isThis in violation to andinsulting contemptuous, which fest ofobligation non- refrain from under Art 27 article in ofminorities protected that identity is be and of ICCPR,exemplifying to culture and religion. ensureculturalsurvivalto are in accordance thewith principle of non-

CERD: art.1 CERD: Arabic word for non-believer in Holy Allah and chiefly Prophet forNonused -Islamic people of Hindu Kush. Yv Jean ivals ofmerry cise, on equal an footing, of human rights fundamental and the freedoms in political, One significant example of violation theportrayal is of Kalasha religious ceremonies as Furthermore, the Kalasha people view term Kalasha people the the Furthermore, “Kafir” es Loude, quoted in lost”Paradise “Kalasha

170

interference with peoplesculture, indigenous languageinterference religion. and - making, dancing with plenty of wine: of primitive people in tourist plentyofpeople making, dancing with wine: primitive

The cultural and spiritual dimensions ofexistence are fundamental as set

This right, right, This in prospect the of culturalsurvival, creates an 27 ICCPR. of

nes the term “racial discrimination” shall mean any distinction, incites deeplyincites held religioushatred connotesracial and

Alauddin 1992, pAlauddin 274. 56

172

The minimum standards inThe minimumstandards order merwinter solstices and are 171 as derogatory, theof use derogatory, it as inte rference with

t

CEU eTD Collection profess and practice their religion and develop their cultures” objectives states that “… adequate provisions shall be made for theminorities freely to discrimination. 174 173 the British (sections 295 of addition, code codified In by withoutthe originally discrimination. penal Pakistan religions religion unde preserving baselegal for the collective rights ofKalasha people. the Since the isstate focusing on constitution people or individually groups in require circumstances,whichenabling sets a The reference to “individual and colle may be enabled to understand the meaning of life according to the Holy Quran and Sunnah. accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they to orde collectively, and individually Pakistan, of Muslims to enable the shall betaken Steps states of constitution that; the regarding minorities was to provide them with a their own cultural autonomy. The article 31 as well could be argued that Islamic principals of justice by applied the Ottoman Empire morality (Art 20). The preamble ofPakistan also asserts “Islamic principals of Justice”. This Thereligious institution. exercise of rights such is, however, tosubject order law, public and man and ownage its thereof establish to sect a or denomination allowsreligious a It religion. his freedom and to propagate right practiceand thought profess, the of to has constitutional f treatment non- and ways diverse to of security being. for itspromotionconditions encouraged See See Rehman: Rehman: The contemporary regime of human rights is based on the principle of equality of of principleof onthe equality is based regime rights human The contemporary of Constitution ofPakistan, Preamble Weaknesses in theWeaknesses in protection of minorities ramework of Pakistan contains a prohibition clause in relation to non The Preamble of the Constitution of Pakistan, outlining its fundamental outlining its of Pakistan, Constitution The Preamble of the discrimination on basis ofdiscrimination religion and onbasis accordance,race. In the and legal - r the argument of equality itis expected to be applicable to all 295), deals295), religious with protection; the remaining sections were

p.78 ctively” is proof thataccording to the Pakistani 173

57 thus the

state sh , 174 ould provideould recognition and

including that every citizen 175

r their lives in in theirlives r -

CEU eTD Collection 176 175 byan GeneralZiaadded amendment military1980’s.during rulein It states that: www.punjabpolice.gov.pk UN of declaration precedent for adopting new standards of cultural protection prescribed and detailed the in the affirmative action for redeeming theKalasha Walnut trees have been taken. This sets a control. preservation religious culturaland of values, institutions and forms of traditional social religions within the framework of states they live. maintain economicidentities, and develop and their languages life development, to of to e aspiration peoples indigenous ofremain arehumble abode to who retreat they people. as r inferio statein of being affairs. The Valleys belong toKalasha; its land their is home, a fearful life hearing slurs and derogatory remarks to about their race, religion and Culture, toaccorded The other religioussects. endured Kalasha have and centuries of undignified valuerequir ofintrinsic religion ofresult the religious hegemony has taken precedent that over other religions. the Yet, All these offenses are applied only for theprotection of the Muslim Faith in Pakistan as a (8) (7) (6) (5) (4) (3) (2) (1)

Pakistan Penal Code Pakistan ofConstitution 1973, Pakistan Art 31.

imprisonment for life. Punishment two years. Section 298 B. Misuse of epithets or titles o B. epithets 298 of or Misuse Section Section 298A.Using derogatory remarks about holy personages: Punishment Section 297.Tresspassing or indignity upon burial places: Punishment Section 296 Section 295 C. Use derogatory remarks with the respect to the Holy Prophet: Punishment Section 295B. Defiling the Holy Quran: Punishment 295 rageacts out reli that 295 Deliberate/malicious insultany of class: to with intent the of religion places worship defiling or 295. Injuring Section The ILO 169 convention onIndigenous Peoples, adopted in 1991,has recognized the 178

Pakistan had had Pakistan the ratified outdated ILO 107 convention there and is evidence that . Disturbing religious assembly: Punishment

Indigenous peoples rights. Pakistan has signedalso conventionthe on

es the same treatmentrespect and accorded toIslam tobe xercise the control over their own institutions, overown their institutions, way of the control xercise f holy people: Punishment 58 gious feelings of the others: punishment ten years.

-

Imprisonment for life for Imprisonment - one year one 177

Article 4 further stresses for - - one year one

three years

- 3 years 3

176

- death or

CEU eTD Collection WHC.08/01 January 2008, atWHC.08/01 January www.unesco.org 179 178 177 anis indispensible and irreplaceable player in the orchestra ofhumanity’ hum of symphony the in sound to tone unique a has nation ‘Each and duty of the individual state to protect it. becomes transcend ofand reflect the it lifevariety ways.Hence beauty a obligation in the common he of human our loss a it’s decay and death threatened with is way. own transform and their sustainable Ifculture a evolve in overchange time for thatthey but requires their of own pace sense soand to security, as instruments provides with an efficient strategy to protect th opportunity manage to own their and land recourses. Adoptingforest thesenew legal siteheritage wouldenablethe cultural sovereignty of the indigenous population the and and in vulnerable disposedgroups their territory. Kal Mapping the it. currentlyare ethno 6 sites cultural heritage protection through siteswhich heritageworld sites can preserved.be There

Operational Guidelines for the Implementation of the worldHeritage Convention ILO 169:Art 4 ILO 169: Art 1 179

It allIt comes to the will of and states whether theywilling are toprotect the most

- heritage sites of aboriginal culture, which have benefitted from benefitted culture, have ofwhich aboriginal heritage sites

ritage and diversity, which is bound to manifest, is which boundto diversity, and ritage 59

reatened cultures. Cultures may

an culture; each nation each nation culture; an asha Valleys as ethno 180

-

CEU eTD Collection emblem, astheir threats and issues are homologous, their disadvantages require same have gathered people are protected. Indigenous groups vulnerable and small which and of religiongrounds race wasdiscredited long bythe ago human regime rights under a to contain justified be cannot hegemony and supremacy race.Religious and onreligion based movedaccommodate has onto International law discarding differences, discriminationwhile andcontinue down pass own their wayphilosophy and of tolife their generations.younger Attempts tohomogenise them force with and assimilate them, disablestheir capacity to cultural existence and curtails their capability to survive as a distinct group of people. The status of theKalasha inPakist allat taxes, nor are they sold in slavery but the threat to their cultural survival-- harsh treatment, slavery, subsistence taxes and unrewarded labour. Today, theKalasha pay no suchdisturbances outside as andto unprotected vulnerable theyleft were showsthat survival domination attempts.foreign Great, Musli expansionist regimes thattrespassed upon their territory from Alexander hordes Aryan to the the andinvaders marks memory keep. of to faithful Their all which are bears they nature, Whichthousand expandedyears Kalash, over of existencecourtship continuous and with beenalready homeland to of group people living throughoutthere time. Suchis theof history foundedand new empires. Sadly, in many new a territory wasnot cases nulliusterra had and numbers, in grew and nourished expanded their they where onearth, to some peopleplace indigenous been all historyhave the ofIn humanity

nd subjugate indigenousnd subjugate people and particular their ways of being. Discrimination onthe -- continues. m ruler and the British Empire while today they witness the war on terror and Though Research on the historicalThough Researchonthe conditions of their cultural an is reduced to a religious minority, which insults their Conclusion 60

influence over others, where they travelled indeed their survival survival their indeed under one

CEU eTD Collection 180 can rights Kalasha be with group their a realized. ofThe distinction Kalasha body- their the past references made tocultures. Their connection to place analogous is tothe sense of subject.on the Untilperspective the 20 linguisticethnographical, anthropological and offer relyuponwhich greaterto a studies many are There human in populations. factor whichindigenous the prescribes exists the to apply they as rights collective and rights arrangement, should which be to accorded bythe Kalasha implementing peoples indigenous Chitral, which has affirmed these rights, raising arguments for the restoration of this extensive research on the pre- incorporating firstpeople, This thesis has tried to answer few on questions the cultural aspect of survival for the Kalasha threats to their culture and very existen Pakistan has admitted that theKalasha areligious are and ethnic minority and suffering are Kalasha peoplethat the has expanded. for voicing theirbeen The have concerns ofstate representation, self framework responsibilityto and report. own their grass Moreover, through roots thelonger; cobwebof humantreaties rights state entangles each through its extensive special ofpeopletheir status and theofDenial rights indigenous manners. legal in repatriated be themcan belongs to remedies rightfully what substantive and survival mechanisms culture their fromand providedoverview It ofhas ethnocide. cultural threatenin capacity under International law toexercise their cultural self

I.L Claude Jr., minorities: AnNational International Problem Cambridge, Mass.: University Press, 1955,Harvard pg 85 g circumstances inPakistan thethesis has argued for protection of Kalasha people parts and and parts it should allowed,very be least, the to at continue. - identification, and with the aid of international organizations, space the - hand experience of the issues and threats that they face. Through

people fromminorities religious absolutely is necessary so that existing of non- rights ce. th

century indigenous cultures had been considered as

61 ir case.ir It is also obvious that a contradiction

population ofpopulation undiminishedlegal 4000have interfe rence in the former Kingdom of the rence in former Kingdom of

cannot over be - determination

- looked any . Under

CEU eTD Collection for of peopletheirPakistan protection and culturalheritage. Kalasha canfill to standardsincorporated and protective that effectively the be legislat 62

ive gap in ive in gap CEU eTD Collection Retrieved October 6, 2009, October 6,2009, Retrieved HumanSystem. International Rights Evolving Buergenthal, T. The - Festival Kalash ofGovernment NWFP. (2009). E. Cirkovic, Hussain, M. PoliticalCheema. & K. Nuri, M. (Eds).I., H., (2008). Mahmud, P. Role of Charters, Study rights F. (1979). onthe ofreligiousand Capotorti, ethnic, personsbelongingto F. Nationsand General AssemblyRightsCapotori, United of Declarationonthe Resolution Cacopardo, Cacopardo,A. & A. M. GatesS. (2001). of Peristan (1992).,paradiselost Kalash:Alauddin. the B Fo Ferrie, J. Pakistan, Minorities at Risk in the North S. M. Durrani, minorities: L. I. An (1955). Claude, National International Problem, Jr. MA: Cambridge, Victims H. J. Bodley, (2008). ofprogress. (10 The Imran. Bazik, (2007). of .Unpublishe Kalash Kafiristan of Journal American InternationalLaw, pp.783- 2006), Vol.100,No. 4(Oct., IndianLaw- American Review.(2006 peoplesandethnic Indigenous S.Rehman,01). Pakistan: S.minorities Ali, & (20 of J. IBLIOGRAPHY reman, J. (2007). Theof Telegraph Kalash, (2007). Magazine.Titans reman, 28/07/2007 J. from http://www.jstor.orgfrom October 6,2009,October from http://www.jstor.org/stable/20070792 Retrieved November 2009,fromRetrieved 29, Research Institute. Nacka &Islamabad: Institute of Security and Development Islamabad Policy & Policy DevelopmentIslamabad,and 29- in (ISDP) Policy October Organized by Islamabad Policy Research Institute (IPRI) and the Institute of Security Religious Communities in Pakis IWGIA.p. Copenhagen: world 17 quotedTheindigenous in Peoples, No.E.78.XIV.1 at 1,U.N. minorities linguistic U.N Sales Doc.E/CN.4/Sub.2/384/Rev.1, 213,217,A/RES/47 242 paras and Et or BelongingNational to Persons l'Africa e l'Oriente. age=1 http: Harvard University Press. of Law.College and 375- LawPeoples Indigenous International 31(2) No. 84. series, CurzonMongraph Richmond,Press. Surrey: andlegal Consituitional perspectives C. (2009). www.telegraph.co.uk/arts/main.jhtml?xml=arts/2007/07/28/smpakistan28.xml&p Self

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