Further Memorandum submitted by Christian
Solidarity Worldwide
INDIA
Summary:
— The abuses faced by Dalits in India
could be considered not only under the theme of minorities (as
in the report), but also under those of racism and contemporary
forms of slavery.
— The observance of the caste system
is not illegal, though laws exist to address specific abuses associated
with the caste system.
— The implementation of these laws
is very weak, and Dalits continue to suffer caste-based violence
and labour exploitation. Such abuses are commonly perpetrated
with impunity.
— Religious intolerance is widespread
in India, including religiously-motivated violence against Christians,
usually committed with impunity. The communal violence (principally
against Christians) in the Kandhamal district of Orissa in December
2007 was particularly concerning.
— Legislative restrictions on religious
freedom include state-level "anti-conversion laws" in
seven states, and the religious conditionality attached to Scheduled
Caste status.
— The current framework for discussing
human rights abuses with the Indian government is ad hoc, and
CSW recommends that the UK government makes representations to
the Indian government on several specific issues.
India is not listed as one of the FCO's major
countries of concern, although specific reference is made of the
Dalit community on pp. 94-95 of the report, which outlines DFID-
and UNICEF-led initiatives to tackle social exclusion experienced
by Dalits in India. The report closely links human rights with
democracy, but widespread human rights abuses continue to occur
in India, as the world's most populous democracy, which CSW wishes
to draw to the attention of the Committee.
CSW welcomes the reference to the social exclusion
of Dalits in the report. Dalits are typically the worst victims
of almost all human rights abuses in India. The abuses faced by
Dalits are relevant not only to the theme of minorities, where
it appears in the FCO report, but also to those of contemporary
forms of slavery and racism. The relationship between Dalits and
contemporary forms of slavery was recognised by FCO Minister Ian
McCartney, who said on 30 March 2007, "Caste discrimination
condemns millions world-wide to a life of servitude. Despite legislative
advances rendering the practice illegal, caste discrimination
remains a tragic day to day reality, particularly in South Asia.
Individuals and communities are segregated from society, a situation
all too often enforced by violence. Those of low caste are frequently
restricted to employment considered demeaning or polluting, typically
in sanitation, and receive very low remuneration. Impoverished,
exploited, denied access to education and healthcare, politically
and socially disenfranchised, victims of caste discrimination
are often also victims of other forms of slavery such as bonded
labour". The UN Committee for the Elimination of Racial Discrimination
(CERD) has reaffirmed that "discrimination based on the ground
of caste is fully covered by article 1 of the Convention"
(CERD/C/IND/CO/19, paragraph 8) and issued a detailed set of recommendations
to India on the issue of caste-based discrimination.
Contrary to popular misunderstanding, the caste
system and the observance thereof are not unconstitutional or
illegal in India. However, Indian law contains detailed provisions
to prohibit or abolish numerous manifestations of the caste system,
including discrimination, exploitation and associated degrading
forms of labour. Article 15 of the Indian constitution prohibits
discrimination on the basis of caste. Article 17 of the constitution
abolishes "untouchability", a specific symptom of the
caste system. The Protection of Civil Rights Act, 1955, prescribes
detailed punitive provisions for the practice of untouchability.
In addition, numerous laws exist to abolish various additional
symptoms of the caste system, including the most degrading forms
of labour associated with Dalits, as the lowest group in the caste
hierarchy. The issue of caste-based violence against Dalits is
addressed in the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989, which prescribes measures for dealing
with the particular forms of violence, humiliation and discrimination
faced by Dalits and tribals.
However, the implementation of existing laws
continues to be extremely weak, and Dalits continue to face widespread
abuses. Demands by Dalits to exercise their legally-protected
rights are commonly met with violence: the most recently-published
government statistics showed that over 27,000 crimes against Dalits
were registered in 2006, including 1,217 rapes and 673 murders.
8,581 cases against Dalits were registered under the Prevention
of Atrocities Act. However, these statistics are unlikely to represent
the true extent of caste-related violence against Dalits: they
commonly face discrimination in police stations, and pressure
from more powerful members of "higher" castes not to
attempt to seek justice. Whereas the report asserts that "criminal
justice is an essential mechanism for regulating society"
(p. 89), impunity is a consistent problem for Dalit victims of
violence in India.
Labour exploitation is widespread in India,
and a caste-based analysis reveals that it disproportionately
affects Dalits and members of "low" castes. Dalits are
the worst victims of bonded labour; despite being banned under
the Bonded Labour System (Abolition) Act, 1976, conviction rates
have been low and rehabilitation programmes only partially successful,
and it is widely estimated that millions of Dalits continue to
be engaged in bonded labour. The "devadasi" system provides
a vehicle for institutionalised prostitution within temples, with
Dalit women and minors dedicated to the temple god and subsequently
serving as concubines to the priests and prostitutes for temple
users. Occupations based on descent are still common in many areas,
including at their worst the dehumanising practice of manual scavenging,
a euphemism for cleaning human excrement with the hands. This
is a task performed only by certain sub-castes of the Dalits,
and attracts ostracism and humiliation. Although banned under
"The Employment of Manual Scavengers and Construction of
Dry Latrines (Prohibition) Act, 1993", it is thought at least
700,000 people are engaged in this occupation, often while employed
as government sanitation workers.
Restrictions on freedom of religion, including
religiously-motivated violence, which is usually committed with
impunity, is a consistent problem in India. CSW documented a large
number of violent reprisals against Christians in 2007, often
accompanied by unsubstantiated accusations against the victims
of "forcibly converting" others. The highest number
of individual attacks took place in Karnataka state. However,
the most concerning event as regard religious intolerance took
place during the last week of 2007, when widespread communal violence
broke out in the Kandhamal district of Orissa, resulting in the
destruction of approximately 730 houses and 95 churches and Christian
institutions, and a small number of deaths. Although some Hindu
properties were among those destroyed in the violence, the government's
National Commission for Minorities reported that "there is
no doubt that the Christian community and its places of worship
were the principal target of attack".
Legislation imposing restrictive regulations
on religious conversions, known dysphemistically as "anti-conversion
laws" are in force in Orissa, Madhya Pradesh, Chhattisgarh
and Himachal Pradesh, and have been passed but not implemented
in Arunachal Pradesh, Gujarat and Rajasthan. These laws, whose
necessity is highly questionable, reflect and contribute towards
social antagonism towards religious conversions. CSW heard testimony
from Christians in Himachal Pradesh state in October 2007, including
several claims that the passage of the "anti-conversion"
law in the state emboldened extremist Hindu nationalist groups
to target Christian activities through threats and physical violence.
The incidence of violence against Christians has begun to rise
significantly in Himachal Pradesh following the introduction of
an anti-conversion law. CSW also heard testimony from Christians
in Gujarat in October 2007, to the effect that although the law
has not been implemented, its existence on the statute books is
a source of intimidation for Christians and would-be converts
unaware of the nuances of the procedure by which the legislation
is introduced. There is little public awareness that the law is
not enforceable.
Under current legislation, Dalit converts to
Christianity and Islam lose their status as Scheduled Castes,
and with it their eligibility for the government's reservation
system, despite recommendations made by several commissions that
the religious conditionality attached to the designation of Scheduled
Castes should be removed. In many Dalit communities and slum areas,
Dalit converts to Christianity live in conditions virtually indistinguishable
from Dalits within the Hindu and Buddhist religions, yet they
are ineligible for reservations. The current configuration generates
socio-economic penalties for Dalits embracing Christianity and
Islam.
CSW considers that compelling reasons exist
for substantive engagement with the Indian government about human
rights issues. At present, a central mechanism for this is the
ad hoc EU-India human rights dialogue, led by the EU Presidency,
and other ad hoc exercises, such as the EU-India Experts' Seminar
on Minorities, highlighted on p. 94 of the report. However, this
engagement is informal and does not necessarily provide a sufficient
framework for regularly raising human rights concerns.
CSW recommends that the UK government should
urge the Indian government to fully engage with the recommendations
given by the UN Committee for the Elimination of Racial Discrimination
in CERD/C/IND/CO/19. CSW further requests that the UK government
make representations to the Indian government as follows: to take
measures to address impunity, with particular reference to violence
or exploitation perpetrated against the Dalit community or religious
minorities; to implement measures to guarantee the independence
of the police force and judiciary; to ensure that transparent
and accountable commissions mandated to protect the rights of
Dalits (Scheduled Castes), tribals (Scheduled Tribes) and religious
minorities are operational in every state; to enforce laws prohibiting
bonded labour and exploitative forms of labour such as manual
scavenging; to condemn and take steps towards the repeal of "anti-conversion
laws" in Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal
Pradesh, Madhya Pradesh, Orissa and Rajasthan; and to adopt and
implement the recommendations of the Justice Ranganath Mishra
Commission for Religious and Linguistic Minorities, specifically
that eligibility for membership of the Scheduled Castes should
not be linked to religious status.
LAOS
Laos is not listed as one of the FCO's major
countries of concern, and the report involves only discussion
of Laos, in connection with Hmong refugees fleeing to Thailand,
on p. 115. Although the UK does not have an embassy in Laos, it
is nevertheless concerning that no specific mention is given of
consistent human rights violations and the major weaknesses in
the rule of law in Laos.
Serious infringements of religious freedom persist
in Laos, to some extent facilitated by a poorly-developed legislative
framework. There has been evidence of increased awareness in Laos
of the need for progress in the area of religious freedom, particularly
since hosting the Association of South East Asian Nations (ASEAN)
summit in 2004. However, there also remains among some Party officials
a deeply-ingrained antagonism to religious affiliation, and the
persecution and harassment of Christians continues to be reported.
The only legitimate framework for Protestant Christianity is the
Lao Evangelical Church, and unregistered churches are particularly
susceptible to harassment and arbitrary mistreatment.
In several provinces, attacks on Christian property
and the forcible relocation of Christian communities by Party
officials has been reported. Forcible renunciations of faith also
continue to be reported.
CSW recommends that the UK government should
monitor infringements of religious freedom in Laos, and make representations
to the government of Laos as follows: to clearly articulate that
members of any religious group are free to practise their faith
according to their conscience, without the constraint of belonging
to a specified religious group; to establish means for the enforcement
of provisions for religious freedom at the level of local authorities;
to continue to train local authorities with respect to the provisions
for religious freedom, in order to ensure its full and proper
implementation; to guarantee the constitutional protections for
religious groups; to fulfil Laos' obligations under international
law; and to bring Laos into conformity with international standards
on religious freedom.
April 2008
|
