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PUCL Bulletin, July 2001 A debate on caste and race
People
attach great importance to their names and their correct spelling and
pronunciation. The right to given name is recognised as a human right
by Article 18 of the American Convention on Human Rights of 1969 (ACHR). The Commission
for racial equality is examining the matter following concerns that the
name game has racial implications. However, there can be no objection
to a person voluntarily changing a name to avoid embarrassment. This happened
when a Parsi person whose surname was Screwalla promptly altered to it
Spencer because he could not face the daily barrage of quips and questions
from his colleagues: "Had a good screw? Good luck, screw" and
the various pungent variations on the theme. High-sounding,
like adherence to the rule of law, a free press, an independent judiciary,
etc., have been formulated for determining the level of civilization of
a country. A pragmatic test would be the state of toilets in public buildings,
which generally have an unbearable stench in our country. It is heartening
that the Archaeological Survey of India has signed an agreement with a
non- governmental organisation, Sulabh International, at Safdarjung's
Tomb in Delhi to provide sanitation facilities at 34 World Heritage sites
in India. Shabana Azmi, a Rajya Sabha MP who inaugurated the first of
these toilets at the Safdarjung Tomb, was so impressed by the toilet there
that she requested that all of those present see it before leaving. Toilets have fascination for some people. A Hong Kong Chinese man Lam Sai-wing, who runs a jewellery store, has a unique toilet in his shop. It has two 24 carat gold commodes and toilet bowls, paper holders, mirror frames, wall mounted chandlers, wall titles, and doors that are all made of solid gold. People have to spend at least HK$1, 000 (US$ 128) on jewellery for the privilege of using the toilet. The
irony is that Lam's inspiration for the toilet sparing from his interpretation
of Lenin's purported statement that he wanted to make gold toilets for
the public after the triumph of socialist ideology. None of these capitalist
obscene toilet opulence for socialist India though. We will rest content,
which clean functioning toilets. Is this utopian fancy?
Caste
Away In "Racism,
Name Changing and Toilets" (March 4), Attorney General Soli Sorabji
joined the ranks of Indian government officials to argue that caste is
not race, that the inclusion of caste based discrimination in the UN sponsored
World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance (WCAR) would "dilute" the conference theme
and that caste based abuses are an internal, not international, concern.
The conference is to take place in South Africa in September.
The
Dirtiest Engagement of Indian Diplomacy: Operation Toilet
A video
production entitled Less than Human has depicted the way Brahmanism has
condemned vast sections of Untouchables to just collecting shit pit. The
attorney general is basically saying, "That is how it's going to
be in the future also." To prevent the Untouchables from walking
out of their toilets is what the Brahmins and their spokespeople are struggling
for at this conference and in other forums. A world where caste will ne
annihilated is seen by them as a Utopia for these discriminated masses
and as a smelly place for themselves. Caste
vs. Race Letter
to India's Attorney General
II Racial
Discrimination as a Grave Violation of Human Rights I am
deeply grateful to the UN Information Centre for inviting me to speak
at this meeting, which has been organised in the context of the World
Conference against Racism. Racial Discrimination. Xenophobia and Related
intolerance. It is a Conference in which I am deeply interested. Both
in my capacity as Regional Advisor for the Asia-Pacific region of the
High Commissioner for Human Rights and also as a Human rights activist
which has contributed in some measure to the development of human rights
jurisprudence in India and who is engaged in the promotion and protection
of human rights throughout the world. The Third
World Conference is going to be held in Durban, South Africa from 31st
August to 7th September of this year. The convening of the world Conference
has been preceded by 50 years of activity by the United Nations in its
efforts to eradicate all racism and racial discrimination. It would be
worthwhile to refer briefly to the efforts made by the United Narions
in this connection during the last over 50 years. When
the International community adopted the United Nations Charter in 1945,
it accepted the obligation to pursue the realization of human rights and
fundamental freedoms for all, without distinction as to race, sex, language,
or religion. In December 1948 the United Nations General Assembly adopted
the Universal Declaration on Human Rights, which declares in Article 1
that "all human beings are born free and equal in dignity and rights". On 20
November 1963, the General Assembly adopted the UN Declaration on the
Elimination of All Forms of Racial Discrimination. It was that might be
called a "soft" international human rights instrument.. In its
preamble, the declaration recognised that, in spite of progress, discrimination
based on race, colour or ethnic origin continued to give cause for serious
concern. On 21
December 1965, the General Assembly adopted the International Convention
on the Elimination of All Forms of Racial Discrimination. The Convention,
which is a legally binding instrument, entered into force on 4 January
1969 and now has 155 State parties. It defines racial discrimination as
any distinction, exclusion, restriction or preference based on race, colour,
descent, or national or ethnic origin which has the purpose or effect
of nullifying or impairing the recognition, enjoyment for exercise…
of human rights and fundamental freedoms…." States parties agree
to condemn racism and to undertake measures to eliminate it in all its
forms. The Convention also established the Committee on the Elimination
of Racial Discrimination, the first such human rights treaty monitoring
body. It overseas implementation of the Convention by reviewing reports
of the States parties to the Convention. On 2
November 1972, the General Assembly designated the ten-year period beginning
on 10 December 1973 as the Decade for Action to Combat Racism and Racial
Discrimination. The programme decade was structured around a worldwide
education campaign and measures to be taken to implement United Nations
instruments promoting the elimination of racial discrimination. Its goals
were to promote human rights and fundamental freedoms for all, without
distinction of any kind on grounds of race, colour, descent or national
or ethnic origin, by eradicating racial prejudice, racism and racial discrimination;
to prevent the continuation of expansion of racist policies, to discourage
the strengthening of racist regimes, to "isolate and dispel the fallacious
and mythical beliefs, policies and practices that contribute to racism
and racial discrimination: and to put an end to racist regimes." The First
World War Conference to Combat Racism and Racial discrimination was held
in Geneva in 1978 at the midpoint of the First Decade. It adopted a declaration
and a programme of Action reaffirming the inherent falsity to racism and
the threat it posed to friendly relations among people. It specifically
condemned apartheid, branding it as the extreme form of institutionalised
racism and a crime against humanity. This
was followed by the Second World conference to Combat Racism and Racial
Discrimination held in Geneva in August 1983. It reviewed and assessed
the activities undertaken during the Decade and formulated specific measures
to ensure implementation of UN instruments to eliminate racism, racial
discrimination, and apartheid. It took various decisions for combating
racism and racial discrimination but it was found that despite the Declarations
made at the first and Second World Conferences and the efforts of the
International community, the principal objectives had not been attained
and that millions of human beings continued to be the victims of varied
forms of racism and racial discrimination. The General Assembly, therefore,
proclaimed the Second Decade for Action to Combat Racism and Racial Discrimination.
But, as the subsequent events showed, the efforts of the international
community to eliminate racism and racial discrimination did not succeed
in achieving a racism free society. As I
shall presently show, racism, racial discrimination and Xenophobia and
related intolerance still continue to bedevil humanity throughout the
world. There is indeed no country, which is free from racism or racist
tendencies. The scourge of racial discrimination is not confined or concentrated
in any one part of the world but it is to be found in all parts of the
world. Aided by the process of globalization, the contemporary international
system is now characterised by economic centers of power within nations,
in countries around the world. These industrialised centers attract trafficking
of women, cheap labour, and illegal migrants. Individuals within these
groups suffer not only exploitation but also become the victims of racist
and Xenophobic resentment by nationals, long-term residents and those
who have benefited from past privileges in the economy. These conditions
exist in several parts of the world, including some of the developed countries.
The office of the high Commissioner had organised a meeting of experts
in Bangkok during 5 to 7 September 2000 to consider the situation in regarding
the trafficking in women and children and migrant workers and the discussions
by the experts showed that racism and Xenophobia was rampant in regard
to these victims of violations of human rights. In addition to these economic
realities, complex cultural and political situations gave rise to the
worst forms of racial discrimination such as the racist coup in Fiji,
the Chinese occupation of Tibet, increasing violence against Jews in Russia,
mass rapes of Chinese women in Indonesia during the 1998 riots, systematic
and severe discrimination against the Roma in Europe and police abuses
against African-American males in the US on a continuing basis. Efforts
to address these and similar others should form the agenda of the Third
World Conference. This
was emphasized by Mrs. Mary Robinson, United Nations High Commissioner
for Human Rights in the following statement made by her on 24 March 1999:
"As we see all around us, racism and racial discrimination continue
unabated. Although we refer to our world as a global village, it is a
world sadly lacking in the sense of closeness towards neighbour and community,
which the word village implies. In each region, and within all countries,
there are problems stemming from either a lack of respect for, or lack
of acceptance of, the inherent dignity and equality of all human beings.
Our world is witness to serious ethnic conflicts; to discrimination against
minorities, indigenous peoples and migrant workers; the accusation of
institutionalized racism in police forces; harsh immigration and asylum
policies; hate sites on the internet and youth groups promoting intolerance
and Xenophobia". The Third
World Conference is intended to awaken in human throughout the world sensitivity
against racism, racial discrimination, and Xenophobia and spur humanity
to action. We have long given lectures, speeches, and sermons condemning
racism and racial discrimination but precious little has been done despite
all our protestations. Today, we find still continuing discrimination
and exploitation of large numbers of people throughout North America,
South America, Western Europe, Africa, and Asia. There are manifestations
of neo-racism in Western Europe arising from the perception entertained
by the countries of Western Europe that they are being invaded by hoards
of immigrants from Asia and non-Christian countries in Eastern Europe
and the Middle East. There is also resurgence of anti-Semitism in some
parts of Western Europe. "In the majority of European countries"
according to a UN Report, "racist or xenophobic sentiments are share
by an increasingly large percentage of the population". The mass
media also sometimes adopts a racist approach in the guise of protecting
national identity by describing immigrants as criminals or destabilizing
influences. The immigrants are often described by the media as perpetrators
of violence, although in fact they are most often its victims and they
are banded as incapable of adapting to traditional national values. Even
more chilling are the racist video games, which are being distributed
in Austria, Germany and Sweden. These games, inter-alia, portray Turks
as dangerous non-Aryans who destroy society. The Internet also plays a
highly dangerous role in promoting racism and racial prejudices. The publication
of the Asia Pacific Human Rights Network sets the situation prevailing
in several countries of Asia and Africa where the societies are afflicted
by racism, race prejudices, and xenophobia. I will refer only to a few
of them for lack of time. About 3 million Burakus who are considered outcastes
by ethnic Japanese because of their traditional professions like butchering,
continue to face similar societal discrimination. There are a large number
of Koreans in Japan who have no right to hold public positions whether
it be a job in the government service or an elected post in a local municipality,
solely because of their Korean ethnic origin. Until 1993, approximately
700,000 Koreans who were born, brought up and educated in Japan were required
to give finger prints like criminals to the Japanese law enforcing authorities
until this was abolished as a result of the criticism made by the Human
Rights Committee. Similarly, the Chinese in Indonesia face is discrimination
in public life. There still continue curbs on the teaching of Chinese
in schools or its usage in the Public domain. The situation
of indigenous people across Asia is also alarming. The hill tribes of
Thailand such as Akahs, Lahus, Lisus and Karens are barred from participation
in the political process although their ancestors have been residing in
the territory of Thailand for more than 200 years. Only half of the estimated
500,000 to 600,000members of the hill tribes in Northern Thailand possess
official documentation that enlists them as citizens and gives them other
basic rights. They cannot even own land and they are not entitled to the
benefit of labour laws and consequently, they are vulnerable to exploitation. I have
given only a few instances where racism, racial prejudices, and xenophobia
still prevail in their most devastating forms in all parts of the world.
The Third World Conference is intended to be action oriented and positive
measures have to be adopted by all states, law enforcement agencies, NGOs,
Civil Society organisations, and other associations in order to eradicate
racism racial prejudice and Xenophobia from the minds of the people. What
is necessary is to change in the attitudes of men and women. They must
be made to realize that we are all part of one common humanity, whatever
be the race to which we belong, whatever be the colour of the our skin
and whatever be the religion we practice. A new culture what I call the
humanist culture, must be cultivated, and instilled in the minds of our
youth. This can be done only through education, not only education in
the schools and colleges but also education at home. Our school and college
curricula must be oriented against racism, Xenophobia, and five human
values, which are essential humanity and the imperative necessity of one
world community. The Great Master whom I follow has always said that there
are five human values which are essential if humanity is to live in peace
and harmony, free from all negative tendencies on race, colour descent
or national or ethnic origin and they are truth, righteousness, love,
peace and non violence. Let us
hope that the Third World Conference will be able to inspire and motivate
human beings around the world to practice these five virtues and bring
about a new world order. The Third
World Conference must lay down firm and strong foundation for respect
for equality and human dignity in the society. The Third World Conference
has the potential to be among the most significant gatherings at the start
of this century, as it can shape and embody the spirit of a new century
based on the shared conviction of the human race. It is bound to be landmark
in the new century, as it will provide an ideal opportunity to craft a
new vision for the fight against the racism for the future generations.
It must focus action oriented and practical steps to eradicate racism,
including measures of prevention, education and protection and the provision
for effective remedies. The evil of racism is a shame on humanity. Mere mechanisms of control and regulation cannot eliminate a complex phenomenon. It just cannot be wished away. It demands evolving a culture, which is responsive, sensitive, and reflective of human dignity and human justice. In other words, it must be a culture which demands elimination of all kinds of exploitation not only by the state but also by members of civil society. The members of civil society should use their social status to eradicate practices which are derogatory to human dignity. The goal of evolving human rights culture aimed at waging of war against racism has to be fought at many levels. Education is the most powerful means of influencing and bringing attitudinal change in people. Being a tool to spread awareness, information and knowledge amongst its recipients, education can play a crucial role in making us shed some of our prejudices and reform some of our attitudes and thereby eradicate the scourge of racism. -- Excerpted from: Proceedings of the Seminar organised by the UN Information Centre and Forum for Indian NGOs, Delhi |