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MRG_18899:MRG_18899 2/3/07 10:38 Page 75

Asia and Pacific Joshua Castellino and Emma Eastwood MRG_18899:MRG_18899 2/3/07 10:38 Page 76

Pacific Over the last two years, the replacement of the A high proportion of indigenous peoples characterizes elected Aboriginal and Torres Strait Islander the populations of the Pacific states and, in 2006, Commission by the government-appointed National differing trends for minorities were observed in the Indigenous Council has denied Aboriginal nations . The Maori in New Zealand, who form a (2.4 per cent of the population) effective political minority within their state, are seeing increased participation. Meanwhile, mining and other protection, yet ethnic Aborigines and Torres Strait extractive industries see ever-increasing commercial Islanders in Australia remain vulnerable, with only a values in Aboriginal homelands. The Aboriginal and few notable land rights victories. The issue of new Torres Strait Islander Act of 2005 (with migrants is gradually assuming centre-stage in the amendments) that came into force in October 2006 region, with Asian migration to Australia and New needs to be monitored closely in this regard. Zealand and migration of Pacific Islander populations Despite the landmark 1992 Mabo decision to other states in the region on the increase. concerning land rights, Australia seemed for a long time to be making little progress in terms of the Australia recognition of native title. However, in October Australia is undergoing a troubled period in its 2006, the Perth High Court ruled in favour of the relations with minorities and indigenous peoples. The Noongar people’s claim, accepting a native title claim government appears to be placing a stronger emphasis over urban land in the . Political parties have on ‘Australian-ness’, emphasizing a ‘white’ rather than expressed consternation over the result of the case, a composite national identity. This reaction, against a and the government has announced that it is backdrop of growing immigration of Asian/Muslim preparing to file an appeal. In December 2006, an populations (currently close to 8 per cent of the agreement was struck between the Githabul people population), is raising tensions in such as and the New South Wales state government to share Sydney, as manifested in the violence on Cronulla ownership of World Heritage-listed rainforests Beach in December 2005. Following the same trend, covering 6,000 sq km. The resolution of the land Pauline Hanson, former leader of the One Nation rights issue remains the key to reconciliation between Party, announced plans in December 2006 to make a Australian settlers and Australia’s indigenous peoples. come-back in the federal elections of 2007 on an anti- Aboriginal life expectancy remains 20 years lower immigration platform; she has accused black African than that of other Australians, some Aboriginal immigrants of bringing HIV/Aids to Australia. languages are disappearing, and the nations face an

Australian male death rates, assault, by indigenous status and age, 1999–2003 (a) Data for Queensland, South Australia, Western Australia and the Northern combined. Deaths are based on year of occurrence of death for 1999–2002 and year of registration of death for 2003. (b) Per 100,000 population. INDIGENOUS Source: AIHW, Australian Institute of Health and Welfare National Mortality Database. NON-INDIGENOUS

40

30

20

10

0 0–24 25–34 35–44 45–54 55–64 65 OR OVER

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array of other social problems. In December 2006, while Asian immigrants account for another 8 per following a court ruling that there was not enough cent. The issues attendant on reconciliation between evidence to prosecute police involved in the death of the white settlers and the Maori population are being an Aboriginal man in custody, indigenous leaders examined by the Waitangi Tribunal, which was complained that ‘Aboriginal lives can be taken with created by the New Zealand government in 1975. no consequences.’ Like other Truth and Reconciliation processes, the Australia’s ‘Pacific solution’ anti-refugee policy has findings of the Tribunal are not legally binding; seen it re-interpret its territorial dimensions to avoid however, they are respected by society and inform a responsibilities over intakes of refugees by establishing basis for rapprochement. Progress before the Tribunal, a ‘clearing house’ on the island state of Nauru to keep although slow, has remained positive in 2006. While refugees away from the Australian mainland. the fundamental issue of land return or The Tasmanian government’s apology in 2006 for compensation is at the forefront (with a its role in the Stolen Generations scheme (where Governmental Fiscal Envelope of NZ $1,000 million Aboriginal children of mixed descent were taken or US $687 million), most land claims remain from their families and settled with white families outstanding, with Maori owning only 5 per cent of between approximately 1900 and 1969) goes against the ’s land. Away from the land rights issues, this trend. The apology, announced alongside a Maori continue to face lower life expectancy and compensation package of AU $4 million (US $3.12 higher rates of unemployment, though the direction million), provides a model for other states, although of the statistics would indicate the situation is thus far they have been reluctant to acknowledge improving. their responsibility for the policies of eugenics that Pacific Islanders have not benefited from have been perpetrated against the Aboriginal nations government schemes aimed at the Maori and are for more than a century. disproportionately represented in unemployment statistics. They also form a higher proportion of the New Zealand urban poor. The popularity of the racist New Zealand Although similar in many respects to Australia, New First party, at its zenith in 1996, appears to have Zealand handles indigenous and minority rights waned (it won 5.72 per cent of support, garnering issues in a different way. The Maori account for close seven seats in Parliament in the 2005 elections). to 15 per cent of the total population of the state, a However, hostility has been reported towards Asian, further 6.5 per cent consists of Pacific Islanders, and particularly Muslim immigrants, with vandalism

Australian female death rates, assault, by indigenous status and age, 1999–2003 (a) Data for Queensland, South Australia, Western Australia and the Northern Territory combined. Deaths are based on year of occurrence of death for 1999–2002 and year of registration of death for 2003. (b) Per 100,000 population. INDIGENOUS Source: AIHW, Australian Institute of Health and Welfare National Mortality Database. NON-INDIGENOUS

40

30

20

10

0 0–24 25–34 35–44 45–54 55–64 65 OR OVER

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Left: The Naxi, an ethnic minority numbering Japan and Mongolia have traditionally considered 280,000 people in ’s and themselves to be ethnically homogeneous, resulting , practise the ancient shamanistic religion in either a lack of implementation or neglect of of Dongba. This Dongba text is written in the last minority issues. Important exceptions to this rule in living hieroglyphic language in the world. 2006 were the election of a Japanese parliamentary Dermot Tatlow/Panos Pictures representative from the caste-based Okinawa community, and the provision of native-language of mosques in the aftermath of the 7 July 2005 education for ethnic Kazakh children in Mongolia. bombings in London. In 2006, there were police calls for Muslim women wearing the burqa to be banned People’s Republic of China from driving – a move that sparked a public debate The definition of ethnic minorities/nationalities in on issues of national identity and tolerance. the People’s Republic of China has been conceived by the state and does not truly reflect the self- Fiji identification of such ethnic minorities or the reality The year 2006 proved to be an eventful one for of ethnic diversity within China’s boundaries. Mínzú minority rights protection in Fiji. Despite the Fijian (the Chinese term that signifies non-Han Labour Party, representing the large Indian minority ‘undistinguished ethnic groups’, numbering more (45 per cent), taking its place in a power-sharing than 730,000 people) have not been recognized system with the ethnic Fijian Soqosoqo Duavata ni among or classified within the state’s official 56 Lewenivanua party, a military coup ousted the ethnic minorities (these comprise the majority Han government on 5 December. The takeover – Fiji’s grouping and 55 minority nationalities). fourth in two decades – was the culmination of a long The Minzú also do not include ethnicities that impasse between coup leader Commodore Frank have been classified by the state authorities as Bainimarama and Prime Minister Laisenia Qarase over belonging to existing minorities and hence denied attempts to offer pardons to conspirators in the 2000 their legal rights to public participation. For coup and to grant lucrative coastal land ownership to example, the are officially classified as Naxi, indigenous Fijians. Commodore Bainimarama, and the Chuanqing are classified as , himself an indigenous Fijian, said the bills were unfair but they reject these classifications as they view to the island’s ethnic Indian minority. At the time of themselves as separate ethnic minorities. writing, the island was enjoying a relative calm and Some groups are still actively fighting for the interim government was taking shape, with eight recognition as minorities. In the 1964 census, there ministers being sworn in to work under Bainimarama were 183 nationalities registered, among which the who has been declared Prime Minister. government recognized only 54. However, census numbers are somewhat suspect due to the re- East Asia registration of significant numbers of Han people as Although many states vary in terms of their members of minority nationalities in order to gain political structure and ideology, the need for personal benefits, such as exemption from the family specific minority rights standards is considered of planning policy of ‘one family one child’ or the low importance in East Asia or not accepted. China right to cremate their dead. is a notable exception, however, enjoying a The recognized ethnic minorities have Constitution that enshrines minority rights and considerable autonomy with regard to their way of allows for ethnic autonomy in some of its . life and this has resulted in complicated forms of Nevertheless, the state’s system of categorizing autonomy for six provinces (among them Inner minorities is fraught with difficulties and, in reality, Mongolia, and Xinjiang), but also in the ethnic minorities suffer discrimination in all walks creation of autonomous cities, and of life. China’s relentless economic development where minority nationalities are appears to be overshadowing protection of rural territorially concentrated. In practice, the system ethnic communities, with forced migration from remains subject to the political control of the areas such as Inner Mongolia to urban centres Communist Party. For instance, the Constitution being increasingly commonplace. stipulates that the leaders of an ‘autonomous area’,

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and most of its representatives to the People’s applauded. A China View (Xinhua news agency) Congress, must be members of the area’s main article in November 2006 reports that about 6 nationality. However, the Chinese Communist million children are attending more than 10,000 Party, which controls the government and holds all bilingual schools in China, using both Mandarin final decision-making powers, is exempt from these and ethnic languages, and more than 3,000 stipulations. According to available records, textbooks are compiled in 29 languages annually. appointments made in September 2006 to the Throughout 2006, the Chinese state continued Chinese Communist Party’s committee in Lhasa, investing to improve ethnic minorities TV which in effect runs Tibet’s capital, had a lower programming in minorities’ languages. Currently, in proportion of Tibetans than at any time in the last the autonomous areas of ethnic minorities, of 441 40 years. radio programmes, 105 are in ethnic minority China’s western regions are the most ethnically languages. In addition, of 489 TV programmes, 100 diverse, with 80 per cent of the country’s minorities are in ethnic minority languages. Moreover, the TV living in the area. However the Mínzú are mainly stations managed at or level in distributed in the border areas of the north-east, ethnic areas also use more than 10 ethnic minority north, north-west and south-west of China. Many languages or dialects, including but not limited to of these regions have significant natural resources, Dai, Kazakh, Kirghiz, Korean, Mongolian, Tibetan, including oil, gas, minerals and precious metals, Uyghur and Zhuang. and new regional development strategies are being Ethnic minorities find it increasingly difficult to specifically targeted there. Nevertheless, without compete for certain jobs; it is not uncommon to find accompanying decentralization of political power, signs at job fairs saying ‘ need not apply’. this strategy risks further exacerbating the already The huge boom in economic and industrial simmering ethno-regional tensions, as development development in itself threatens the cultures and rights for these groups are totally controlled by the languages of minorities. China’s famed Western central government. Development Strategy exemplifies this trend, its Since 11 September 2001, the Chinese government main aim being to extract oil and gas from resource- claims to be acting against global terrorism. However, rich rural areas for use in urban, coastal centres. activists say that this is a convenient excuse to crack Indirectly, however, Chinese Communist Party down on areas susceptible to ethnic tensions. This has leaders hope that the resulting influx of Han Chinese led to widespread arbitrary arrests, closure of places of settlers and state capital into the western regions will worship and the sentencing of hundreds of people to lead to assimilation in areas currently dominated by harsh prison terms or death after grossly unfair and the presence of minorities. Ultimately, it appears to often summary judicial processes. China’s 8.68 million be an internal colonization project. On a more Uyghurs, who are the largest Muslim ethnic group in positive note, the Chinese government partnered the country, have felt the brunt of these policies in with United Nations Development Programme 2006, particularly in Urumqi, the capital of the (UNDP) in 2006 to attempt to lift ethnic minority Xingiang Uighur Autonomous Region (XUAR). groups out of poverty through developing cultural- Uyghur observance of is severely curtailed on a based industries and tourism. routine basis; mosques are under government control, and students and civil servants are not allowed to Central Asia publicly engage in any religious activity other than While most of the Central Asian Republics are observing the Muslim ban on eating pork. multinational in composition, they vary from According to the population census in 2000, the Turkmenistan, described as 85 per cent Turkmen, illiteracy of ethnic minorities is 14.63 per cent, 60 Tajikistan and Uzbekistan – both 80 per cent Tajik per cent higher than the national average. As such, a and Uzbek respectively, to Kyrgyzstan and central government 2006 decision to allocate a Kazakhstan, where the majority is less dominant special fund of 10 million yuan (US $1.28 million) (around 60 per cent). Unlike some of the other former each year to foster the education level of minorities Soviet Republics in Europe, the relative homogeneity and improve school conditions for primary and of each of the states means that there is a reduced middle school students in minority areas is to be possibility of ethnic conflict. Religious persecution is

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rife in all of the republics, however, both of Muslims regime’s policies were in any way at fault, while the who are considered ‘extremists’ and of minority faiths same abuses go unchecked in other provinces. such as Baptists and Hare Krishna devotees. State control of religious expression is extreme in Despite the establishment of modern Uzbekistan. In December 2006 Uzbekistan’s state constitutions replete with human rights standards Religious Affairs Committee and state-controlled and accession to several human rights treaties in the Spiritual Administration of Muslims (the Muftiate) post-Soviet era, the states have a low level of restricted the number of Uzbek Muslims making the compliance with international human rights Haj pilgrimage to 5,000. According to Forum 18, a standards, resulting in a lack of opportunities for Norwegian non-governmental organization (NGO) women, especially those from minority reporting on threats against the religious freedoms communities. In addition, the need for the resource- of all people, on 24 September, a Baptist church in rich states of the region to capitalize on their natural Tashkent was raided mid-way through a sermon and wealth has meant that development remains the top two church members subsequently fined, while on 1 priority, and this is being implemented through October, in the of Angren, nearly 50 members increased urbanization. of a registered Pentecostal church were taken to the In November 2006, Kazakhstan, Kyrgyzstan, police station after their Sunday service was raided. Tajikistan and Uzbekistan decided to launch an inter- Other religious minorities also face severe pressure. state dialogue and assist each other on issues of social Forum 18 also reports that a Hare Krishna devotee integration and national minority education. A first was taken to the Khorezm police department on 19 working group meeting is scheduled to take place August. Under pressure from her parents and early 2007 and will be monitored by the Organization officials from the law enforcement agencies, she for Security and Cooperation in Europe (OSCE) signed a document renouncing her religious beliefs. High Commissioner on National Minorities. Kyrgyzstan Uzbekistan In Kyrgyzstan, ethnic form the largest In May 2005, the government responded to an national minority and are concentrated mainly in armed uprising in Andijan, Uzbekistan, with the southern and western parts of the country, indiscriminate force, gunning down hundreds of especially the Ferghana Valley and the three mostly unarmed civilians. The protest started when a administrative provinces of Batken, Osh and Jalal- group of armed people freed 23 businessmen accused Abad. The Uzbek language does not have any of Islamic extremism and took officials hostage in official status and this has indirectly led to the local government buildings. Repercussions were felt continued under-representation of Uzbeks employed throughout the region as refugees fleeing the violence in government offices. Demonstrations calling for flooded into Kazakhstan, Kyrgyzstan and Russia, official status for the language, and for some kind of some of whom were forcibly repatriated in blatant proportional representation of Uzbeks in state contravention of the 1951 Refugee Convention. administration in the southern provinces, have been Despite European Union (EU) sanctions imposed held in 2006. A former governor of the Osh after the massacre, the crackdown on dissent among alleged that President Bakiyev removed minorities in Uzbekistan has continued. In May him from his position because of his Uzbek 2006, the UN Special Rapporteur on Torture ethnicity. In October 2006, the head of the Center documented reports of torture, disappearances and of Uzbek Culture in Osh was murdered and an harassment against Muslims who practise their faith investigation into his death remains unresolved. outside state controls. Many are labelled terrorists, The trend towards a ‘Kyrgyzstan for the Kyrgyz’ and have been convicted of religious extremism, yet has gathered pace in 2006. New language the government continues to create conditions in provisions require that candidates for elected office which popular support for radical Islam is likely to need to demonstrate proficiency in Kyrgyz, as do grow. In October 2006, President Karimov fired students wishing to enter or graduate from Andijan governor Saydullo Begaliyev, naming him university. State officials are to use primarily partially responsible for the Andijan massacre, but Kyrgyz, though Russian remains as a ‘language of generally Karimov continues to deny that his inter-ethnic communication’.

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In February 2006, clashes between Kyrgyz and purportedly to help create new farmland in the west Dungan youth in a about 70 km outside the of the country. However, observers note that virtually capital, Bishkek, were feared by some to be a all of the families are ethnic Tajiks, while their new symptom of growing resentment and nationalism. home is an area mainly populated by ethnic Uzbeks. The Dungans are Muslims of Chinese origin who Tajikistan has tried to encourage Russians and moved to central Asia in the 1870s to escape Ukrainians to remain in the country, as many of persecution at home and there are about 40,000 in them occupy technical and other skilled positions. the country today. For these reasons, schools teaching in Russian have been maintained and the is still in Kazakhstan widespread use in government and business. Tajik Although religious minorities have been generally legislation now permits dual citizenship but many free to operate in Kazakhstan, in July 2005 Russians in Tajikistan still appear to want to leave President Nazarbaev signed ‘amendments to laws because of the country’s poor economic conditions. relating to national security’ making it compulsory to register all religious communities and banning Turkmenistan the activities of all religious organizations that have Turkmenistan’s notorious president Saparmurat not been registered. Attempts in 2006 to confiscate Niyazov died at the end of December 2006, after Hare Krishna devotees’ property near Almaty could 21 years of authoritarian rule of the Central Asian be justified under the new amendment. republic. This country is one of the most despotic On the positive side, Kazakhstan ratified two of the region, with the tyrannical regime tolerating major human rights conventions in January 2006, no opposition or freedom of the media. The one- the International Covenant on Civil and Political party state was completely under the tight control Rights and the International Covenant on of President Niyazov, who not only declared Economic, Social and Cultural Rights. If himself ‘Turkmenbashi’ (the father of all Turkmen), implemented in domestic law, these could offer but was also made ‘president-for-life’ by the People’s greater human rights protection for minority groups. Council in 2003. His book on spirituality and By 2006, the number of ethnic Germans in morality – the Rukhnama (‘Book of the Soul’) – is Kazakhstan appears to have fallen to about 200,000. compulsory reading in schools and workplaces, and While traditionally concentrated in the Akmola, is intended to help displace the Koran as the Kostanai and North Kazakhstan areas, their primary Turkmen religious guide (Turkmenistan is remaining numbers now predominantly live in 90 per cent Muslim). central Karaganda, and in the north and the east of President Niyazov is reported to have called for Kazakhstan. The where Germans were the enhancement of the ‘purity’ of the Turkmen and mainly concentrated and the German language was for the removal of those who dilute Turkmenistan’s used most frequently have been taken over by ethnic ‘blood’. While verifiable statistics and data are hard Kazakhs as their former inhabitants have mostly to come by given that NGOs – both domestic and migrated en masse. international – cannot be based or operate in the country, anecdotal information and reports from Tajikistan observers confirm the continuing extensive exclusion The Tajiks are an Iranian people who speak a variety of minorities (Russians and Uzbeks) from most areas of Persian, an Indo-Aryan language. Most of them of employment and participation in public life. are Sunni Muslims and they make up about 80 per Senior officials must be able to trace their Turkmen cent of the population of Tajikistan, according to an ancestry for several generations and it is reported official 2000 census. The country is home to over 80 that members of ethnic minorities are excluded ethnic groups, most notably Kyrgyz, Russians, Tatars, from positions in the judicial system, law Ukrainians and Uzbeks. Tensions between Uzbeks enforcement and military organizations. and Tajiks increased further in November 2006 after Although the interim leader has pledged stability, a Tajik border guard shot and killed an Uzbek Turkmenistan, which has large gas reserves, now counterpart. At the close of 2006, the government faces an uncertain future with rival groups and began resettling about 1,000 volunteer families, outside powers scrambling for influence.

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South Asia bodies. The government has established nearly 35 The legal systems of the of South Asia bodies for the protection of minorities at a national have administrative, legislative and judicial measures level, including the National Commission for for the protection of minority rights, and, in Scheduled Castes, other Backward Castes, general, government policies demonstrate a Minorities and Linguistic Minorities. Numerically willingness to tackle economic and social rights of large linguistic minorities with a distinctive history minorities. India, however, highlights the and regional identity, such as Gujaratis and importance of implementation of standards: while Maharashtrans, have been entitled to a state- the state has a plethora of minority rights standards, province within the Indian . minorities continue to be vulnerable. This Evidence of continued commitment to minority phenomenon is manifest in long-standing rights standards in India in 2006 included the creation secessionist conflicts in India, but also apparent in of a Ministry for Minority Affairs, the publishing of Sri Lanka, and, to a lesser extent, in Pakistan. The the Sachar Report on the Social, Economic and year 2006 saw the King of Nepal’s dictatorial rule Educational Status of the Muslim Community and the overturned by a movement of the masses and the Prime Minister’s 15-point programme for the welfare government struggling to come to terms with the of minorities. The government has also been demands of Maoist insurgents. The warring factions considering a Draft Plan for the Tribals, however finally signed a peace agreement in November 2006 activists have criticized both the contents of the draft and elections are promised for 2007. The re- and the lack of adequate opportunity for consultation building process in Afghanistan has struggled with leaders of Adivasi groups. against persistent violence. NATO troops appear While Dalits and Adivasis have begun to mobilize unable to restore order and face increasing attacks themselves politically, they remain on the fringes of from Taliban forces. Even though the new Indian society despite the affirmative action in their Constitution passed in 2005 under the leadership of favour. An attempt to raise ‘reservations’ in public Hamid Karzai promises the protection and institutions to 50 per cent in April 2006 has divided promotion of minority and women’s rights, these the country. Meanwhile, Dalits and Adivasis can only ever be put into action if peace and continue to languish at the bottom of social stability return to the country. Afghanistan and indicators tables, face rising levels of discrimination Pakistan have also been in the frontline of the US and are often subject to violence. In September, in a and coalition forces’ fight against international village in the Bhandara of Maharashtra, a terrorism, with particularly dangerous consequences Dalit woman and her three children were dragged in Pakistan, where swathes of villages in the out of their home by an upper-caste mob and northern areas have been bombed. murdered. The four were reportedly beaten with bicycle chains and sticks. The mother and daughter India were allegedly raped by the mob, many of whom India recognizes three types of minorities: religious, lived in the same village and were possibly their caste based and linguistic. According to the National neighbours. The murders remain unresolved and Minorities Commission, the designated minority Dalit organizations accuse state police of religions are Buddhists, Christians, Muslims, Sikhs mishandling the case. and Zoroastrians. The Indian Constitution Frustrations with the oppression of the Hindu caste designates Scheduled Castes (SCs or Dalits, system continues, and is visible in mass ceremonies of comprising 16 per cent of the population) and Dalit conversions to both Buddhism and Christianity Scheduled Tribes (STs or Adivasis, 8 per cent of the in 2006. However, if Dalits convert to Christianity population) for protection by enacting affirmative and are then discriminated against, they will have no action programmes that provide not only equal recourse to the protections and safeguards that exist protection in law but also ‘reservation’ of seats in the for Buddhist, Hindu and Sikh Dalits. Assembly and national Parliament. An Act of India’s 138 million Muslims (13.4 per cent) Parliament passed in 1973 allows women and SCs remain particularly vulnerable; 31 per cent of them and STs entitlement to ‘reservation’ jobs in fall below the poverty line, according to the Sachar government, educational institutions and elected report. The seeds of distrust against Muslims in

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Left: A woman mourns her son, who was allegedly In July 2005, the Provincial Assembly of the beaten to death in a police raid on their Adivasi NWFP, led by the religious coalition MMA tribal village in Bokaro, Jharkhand State, India. (Mutahida Majlis-e-Amal), voted in favour of the Police targeted members of the Adivasi community Hasba Bill, which establishes a Muhtasib (a person following the robbery of a jewellery store. qualified to be a Federal Sharia Court judge) to Robert Wallis/Panos Pictures monitor observance of Islamic and Sharia ‘values’. The Supreme Court subsequently annulled the draft India go back at least to the battle for Indian law because it was ‘discriminatory’. However, in independence and partition. The perceived November 2006, the Provincial Assembly approved grievances have been nursed through the conflict in the bill with minor changes that they said took into Jammu and Kashmir, and more recently through the account the Supreme Court’s concerns. The bill has bomb-blasts on the Mumbai rail network on 11 July sparked protests by the APMA (All Pakistan 2006, which claimed over 200 lives. Police claimed Minorities Alliance), who, together with human that the Mumbai attacks bore the hallmarks of an rights organizations, are calling for its dissolution, Islamic militant group. The investigations continue. claiming it seeks to ‘Talibanize’ both the NWFP and India’s troubled north-east has also been marked the country as a whole. by ethnic tension. Although fragile, the ceasefire The Asia Human Rights Commission notes that between the Nationalist Socialist Council of it has become a common practice in Pakistan for Nagaland (NSCN) and the government remained in Muslim seminaries to encourage young men to place and the rebels’ cause was weakened by convert non-Muslim minorities to Islam. Young factional infighting. The NSCN believes that India Hindu girls are usually kidnapped for this purpose should create a unified Naga homeland by merging but, when arrested by the police, their Muslim male the Naga-inhabited areas of Manipur, Assam and kidnappers produce certificates and Arunachal Pradesh states into the state of Nagaland. evidence from Madrassas stating that the girls have Ever since talks between the United Liberation adopted Islam. Many of these girls are minors but Front of Assam and the government collapsed in the courts appear to overlook this fact and simply September 2006, the insurgents have targeted accept the certificates as legitimate. minority Hindi-speaking migrants, mostly from the In Baluchistan, the head of the Bugti tribe was northern state of Bihar, with bomb and grenade killed in an incident with the armed forces in attacks. Fifty-five migrant workers were killed August 2006 while hiding out in caves near his during the first days of 2007. village, Dera Bugti. Baluchistan is the most economically marginalized province in Pakistan Pakistan and he and his followers were demanding greater Pakistan has a large Muslim majority population compensation from the government for (96.58 per cent), the bulk of whom are Sunni. exploitation of the natural gas reserves present on There were simmering tensions between the their lands. This killing caused huge riots across majority Sunni and minority Shia Muslims. In Baluchistan and in other parts of the country, and February 2006 the violence came to the strategically highlighted the unequal relations between the important North West Frontier Province (NWFP) provinces and the centre. bordering Afghanistan. At least 31 people were The Hudood Ordinance, a set of laws enacted in killed and scores injured after a suicide bomber 1979, makes rape victims in Pakistan liable to attacked a congregation of Shia Muslims marking prosecution, and has led to thousands of women the Ashura festival in Hangu. In May 2006, at least being imprisoned for so-called ‘honour’ crimes. The 57 people were killed, amongst them the entire laws rendered most sexual assault victims unable to leadership of the Sunni Tehrik group, in the suicide seek redress through the criminal justice system, bombing of a congregation of Sunnis celebrating the deeming them guilty of illegal sex rather than Eid Milad festival in Karachi. According to Human victims of unlawful violence or abuse. The Hudood Rights Watch, at least 4,000 people, largely from the Ordinance has always provoked debate across the Shia community, have died as a result of sectarian country, with members of the MMA religious hostility since 1980. coalition opposing any changes as ‘un-Islamic’ and

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all other parties and NGOs calling for a full repeal. and instability, Nepal’s minorities claim that the In a small but important victory for women’s rights, peace agreement was drawn up without sufficient the National Assembly finally passed the November minority input and fear that the new constitution in 2006 Women’s Protection Bill, an amendment to 2007 will not bring them real change. the Hudood Ordinance. Although it still leaves Careful reading of the agreement shows that it many other discriminatory provisions in place, this does not propose to alter electoral systems enshrined amendment permits rape victims to file charges in the much-criticized 1990 Constitution. Nepal’s under the criminal law instead of the previous janajatis (which include the 59 member religious law (which required four male witnesses to organizations of the Nepal Federation of Ethnic and guarantee proof of rape). Indigenous Nationalities and the Indigenous Peace Commission) feel that the current system of Sri Lanka constituencies and representation has always ignored While in several of the states in this region there is their aspirations and as a result have little faith in simmering discontent and elements of ethnic the approaching June 2007 elections. tension, in Sri Lanka this has taken the shape of a Being overwhelmingly Hindu (80.6 per cent), full-scale civil war that has divided the island. The notions of caste within Nepalese society are deep-rooted state’s largest ethnic groups, the Sinhala (74 per and discrimination against the 2.8 million Dalits or cent) dominate state institutions and the army. ‘untouchables’ (13 per cent of the total population) Meanwhile the Liberation Tigers of Tamil Eelam remains rife. The peace agreement promises: (LTTE, drawn from the minority Tamil community – 13 per cent) have resorted to guerrilla warfare and ‘to address the problems related to women, Dalit, have clashed with the Sri Lankan security forces in a indigenous people, Janajatis, Madheshi, oppressed, decades-long armed confrontation. neglected, minorities and the backward by ending The hope of the peace process yielding dividends discrimination based on class, caste, language, sex, was shattered in 2006 when the island was plunged culture, religion, and region and to restructure the back into a war reminiscent of the 1990s. Peace talks state on the basis of inclusiveness, democracy and in Geneva in October 2006 were a failure, despite progression by ending the present centralized and both sides claiming to adhere to the 2002 ceasefire. unitary structure of the state.’ Nearly 3,000 people have been reported killed in the fighting in 2006, with 216,000 displaced. However Dalit organizations point out that, even In the context of this conflict, the 2 million- though caste discrimination was outlawed in the 1963 strong minority Muslim population is often ignored. and 1990 Constitutions, the legal provisions were In September 2006, civilians in Muttur in eastern never implemented. They argue that implementation Sri Lanka, a town with a large Muslim population, of these promises would involve major structural were caught in the crossfire as air force planes changes and, up to now, they have seen no will by the bombed LTTE targets, forcing residents to flee and entrenched political elite to relinquish their power. Yet seek shelter in overcrowded camps with poor another obstacle in the way of change is that sanitation. (See pp.18–24) enforcement of any new laws would mainly fall on the shoulders of the civilian police force who are Nepal traditionally unsympathetic to Dalit issues. In Nepal, after months of negotiations following the April 2006 mass movement that overturned King Bangladesh Gyanendra’s direct rule, a peace agreement was Bangladesh is the world’s third most populous signed on 21 November 2006 between Maoist Muslim nation and 2006 saw a growing campaign insurgents and the government. The agreement ends against religious minorities. The Ahmadiyya a 10-year civil war and charts a course towards June community, a revivalist movement within Islam 2007 elections for a Constituent Assembly following originating in the Punjab in India and rejected by the formation of an interim government that most mainstream Muslim sects, has continued to includes the Maoists. Although all members of suffer in 2006. In June, 22 Ahmadi families living in society have welcomed a cessation to the violence Dhaka were publicly threatened with death by

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members of the Islamist group International Khatme Thailand Nabuwat, an organization dedicated to safeguarding The military coup in Thailand on 19 September the sanctity of the finality of the Prophet 2006, was orchestrated by Thai Army Commander Mohammed. According to Amnesty International, General Boonyaratglin during the brief absence of by targeting the Ahmadiyya community Khatme Prime Minister Thaksin Shinawatra. In October Nabuwat is attempting to force the government to 2006, a new prime minister, Suayud Chulanont, yield to their political demands for the introduction and a new cabinet were installed – but the of more stringent Islamic law. They also hope to abrogation of the Constitution and the imposition obtain mass support from poor and disenfranchised of martial law has made it difficult to gauge the sections of society, whom they feel they could precise levels of support for this new arrangement. influence by appealing to their religious beliefs. The forging of a strong Thai nationality has always The tribal people of the Chittagong Hill Tracts been given prominence over that of the ethnic Lao, (CHT) have for a long time been the targets of who are numerically superior in Thailand. Other massacres and torture, notably during the years of minorities, such as the Chinese, Indians, Khmer, armed conflict (mid-1970s to 1997). The signing of Malays and Mon have been forced to adopt ‘Thai’ the peace accord between the government of national identities in the name of building a unified Bangladesh and tribal representatives in December state. This is most exemplified by the continuing 1997 appeared to provide assurances that their rights armed violence in the Muslim Malay-majority would be respected. However, nine years later, the southernmost provinces (Kala, Narathiwat and government has failed to implement fully some of the Pattani) where an estimated 1,750 people have died most crucial provisions of the accord. These include since January 2004. The origins of the violence lie in the rehabilitation of all returned refugees and historical grievances stemming from discrimination internally displaced families, settlement of land and neglect of the local ethnic Malay Muslims, and confiscated from the tribal people during the conflict, attempts at forced assimilation by successive withdrawal of non-permanent army camps from the governments in Bangkok (dominated by Thailand’s CHT and transfer of power within the provisions of Buddhist majority – 94.6 per cent). Islamic militants the peace accord to the local CHT administration. have been fighting for the restoration of an The country is due to hold elections in 2007 – but independent Muslim sultanate in the region. the poll has already been postponed from the original A National Reconciliation Commission was date of 22 January. The run-up to the elections has appointed in 2005 to consult with southern already been marked by violence. NGOs warned that community and religious leaders about how best to the rights of minorities to participate without fear address their grievances. In June 2006 they presented and intimidation must be a priority. the government with a blueprint for policies to address the underlying cultural and economic Southeast Asia grievances driving the insurgency, which was largely Populations in Southeast Asia are characterized by ignored. However, the new post-coup government large-scale migrations from China and India, in has signalled a willingness to talk to the Islamic conjunction with dominant regional groups such as rebels and the people of the south are generally Malays and Indonesians (arguably both composite optimistic that their situation will now improve. identities themselves), as well as a host of indigenous tribes and hill peoples. Islamic extremism has had a Indonesia strong influence throughout the region in 2006, The last two years have seen a dramatic turnaround manifest in government crackdowns against militants in the fortunes of Indonesia, the most populous in Muslim minority states or the installation of Muslim-majority nation in the world. The country’s Sharia-inspired local laws in Muslim-dominated first-ever direct presidential election, won by Susilo states such as Indonesia. Despite constitutional Bambang Yudhoyono in 2004 on a platform of protections in both the Philippines and Malaysia, reform and dismantling of the authoritarian state, has indigenous peoples have seen usurpation of their been followed by sustained progress on human rights. lands for commercial purposes continue to impact Democratic elections have been held at various levels their struggle for greater land rights. and have served to dampen the ethnic tension that

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characterized the state for much of the 1990s. With largest of its kind since 1997 and is resulting in a policies of decentralization accompanied by devolved humanitarian disaster on a grand scale, with the tens decision-making being offered (as manifest in the of thousands of the displaced falling victim to August 2005 peace agreement in Aceh), entrenched water-borne diseases fuelled by Cyclone Mala. The conflict appears to be ending. systematic abuses are not restricted to the Karen, Despite the Indonesian government’s compliance with ongoing conflicts against other ethnic minority with the Bush administration’s counter-terrorism rebel groups being waged, on the government side, alliance, illustrated by the welcoming of President through an array of extra-judicial executions, rapes, Bush by President Yudhoyono in November 2006, the use of torture and forced relocations of entire the visit was met with mass protest rallies across the villages. Human Rights Watch estimates that, since country. There has been a revival in the the start of 2006, 232 villages have been destroyed representation of groups who have tried to bring in in Burma as part of the army’s campaign against Islamic legislation in Indonesia: they have succeeded ethnic insurgents, and 82,000 people have been in garnering election victories through criticism of forced to flee as a direct result of armed conflict. p the corruption that still persists at every level of Indonesian society. The rise of religious intolerance as manifest in attacks against Ahmadiyya mosques and Christian churches in Java and North Sumatra is indicative of the continued threat of Islamist extremists, and has already resulted in the installation of Sharia-inspired local laws in Aceh, Java, Sulawesi and Sumatra. Christian–Muslim tensions were particularly apparent in Sulawesi, where three Catholics, sentenced to death for their alleged role in the death of Muslims during religious riots, were executed in September 2006. Fearing outbreaks of violence, the Indonesian government deployed thousands of troops to protect Christian sites during the December 2006 Christmas celebrations. In a radical shift from centuries of policies that favoured indigenous groups against Indonesia’s Arabs, Chinese and Indians, the government passed a new citizenship law in 2006 in which ‘indigenous’ was redefined to include the ethnic Chinese population.

Burma The November 2006 report of the UN Special Rapporteur for Burma highlights the deterioration in the rights, security and livelihoods of Burma’s 54 million people. The repression of the ruling military junta against its population is most evident in attacks against minorities such as the Karen Hill Tribes. More than 10,000 Karen were displaced in a military attack by the junta in November 2006, with the prospects of them fleeing into Thailand to claim asylum being hindered by the presence of a large number of landmines on the Burmese side of the border. This latest attack by the military is the

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