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Link to UNCHR
(E/CN.4/2001/NGO/71)
COMMISSION ON HUMAN RIGHTS
Fifty-seventh session
Item 11 (e) of the provisional agenda
CIVIL
AND POLITICAL RIGHTS
THE
QUESTION OF RELIGIOUS INTOLERANCE
Religious
Intolerance in Asia
1.
Freedom of religion is guaranteed by article 18 of the Universal
Declaration of Human Rights. Notwithstanding, the Asian Legal
Resource Centre concurs with the Special Rapporteur that "the
situation with regard to intolerance and discrimination based on
religion or belief is alarming" (A/55/280, paragraph 133).
In the last year, Asia has witnessed a marked increase in the
level of religious intolerance and overt forms of disrespect and
aggression.
2.
Violations of the right to religion and belief are closely
associated with violations of the economic, social and cultural
rights of minorities and marginalised communities. Unequal
distribution of wealth, unequal access to limited resources, loss
of identity, loss of authority among the traditional leadership
of many minority groups and other trends linked to globalisation
have all exacerbated intolerance and contributed to the growth of
extremism.
3.
Religious extremism in some parts of Asia is creating a climate
of suspicion, hatred, fear and violence. However, states have
failed to take remedial action by controlling extremists'
operations and prosecuting criminal activities, in spite of calls
that "states and the international community must condemn
[religious extremism] unequivocally and combat it relentlessly in
order to preserve the human right to peace" (A/55/280,
paragraph 136).
4.
In South Asia, India is experiencing the most frightening growth
in religious extremism. A case in point is the destruction of
three dozen churches in the Dangs by Hindutva Parivar since 1998.
Instead of dispelling the fears of religious minorities in the
Dangs, the Prime Minister visited the area and called for a
national debate on conversions, thereby deepening suspicion that
religious extremists are being supported by the state. Questions
over the role that the Government of India is playing in
restricting conversions have already been brought to the
attention of this Commission (A/55/280, paragraphs 28 and 29).
The government's claim that in the state of Orissa the
"Freedom of Religion Amendment Rules, 1999, does not require
a citizen wishing to convert to seek permission of the local
police and the district magistrate... only an intimation is
required by way of prior information to the district magistrate",
is most troublesome. It not only raises a fundamental question
regarding freedom of religious choice, but is also a clear case
of state intervention in limiting that freedom by imposition of
conditions. Irrespective of justifications, "It cannot be
the State's role to supervise, favour, impose or censure a
religion or belief; nor can any religion or spiritual community
supervise people's personal conscience" (paragraph 139).
5.
A closer examination of so-called religious tensions and
conflicts reveals a remarkably common pattern: hidden behind
veils of complexities and ambiguities, invariably there emerges
the indelible hand of agents or parties with vested interests in
provoking conflict. These range from efforts to destabilize the
existing political power structure, to seeking economic advantage
or simply finding scapegoats for economic and social ills. In
Indonesia, for example, the prevailing tension in Ambon and the
Moluccas cannot be comprehended without reference to the Suharto
regime's Transmigration Policy, which exacerbated the
struggle for limited resources on the islands; disputes over the
failing economy were transformed into blame laying between
religious parties. The violence that has engulfed the Moluccas
over the last year continues unabated to this day. Thousands of
lives have been lost, let alone the damage to property. Motivated
by political or ethnic interests, religious feelings there have
been fanned to create conflict between parties. The state has
failed lamentably to arrest the mounting violence and hatred on
either side of the religious divide. Accusations of law
enforcement authorities' complicity have not been
investigated. Religious tensions such as these are frequently
orchestrated by governments or outside agents in order to divert
the attention of the poor and marginalised from their economic
miseries.
6.
Another grave concern is the deliberate patronage of dominant
religion by political leadership. The governments of Burma and
Pakistan, for example, have incorporated religious symbolism and
patronage into their agendas. Religion then serves to justify
power, particularly when they lack the mandate to rule or their
influence is on the wane. In such circumstances, bestowal of
privileges on dignitaries of the majority religion; large
donations to institutions and religious groups that are towing
the government line; and lavish spending on religious places,
buildings and rites all serve to reinforce authoritarian control.
The autonomy of religious personnel and places is undermined.
Dominated by political circumstance, religious teachings and
practices are twisted and reinterpreted to support the vested
interests of those in positions of status. The majority religion
is made a tool to buttress rulers' control, rather than made
to promote justice, peace and understanding. Suppression of
minority groups' religious beliefs is tacitly permitted or
directly supported by the authorities, as clamor from the
majority, often provoked by extremist groups, is either acceded
to or tolerated to gain political mileage. The most tragic
outcome of this perverse political charade is that it fuels,
rather than appeases, the further development of belligerent
attitudes and actions among extremist factions, such as in the
formation of Laksa Jihad in Indonesia.
7.
Existing religious beliefs or tenets are also misused to justify
systematic denials of basic rights to a part of society. In South
Asia, particularly India and Nepal, the caste system continues to
deny fundamental rights to a large section of the population, in
conflict with true religious goals of justice and equality.
Discrimination against Dalits and other so-called "outcastes"
has generated a sense of apathy and personal worthlessness among
parts of the society. These states have not taken effective
action either to change the prevailing mindset or to implement
existing anti-discrimination legal provisions. Despite repeated
requests that Dalit Christian converts be given status and rights
equal to that granted by the Indian government to scheduled
castes and tribes, no action has yet been taken to this end.
8.
In Pakistan also there is evidence of discrimination against
religious minorities. Those worst affected are the Ahmadis, low
caste Hindus and Christians. During November 2000, five Ahmadis,
including two 15 year-old boys, were reportedly hacked to death
in Takht Hazara by a mob led by a local cleric. Two of the bodies
were thrown to the ground from the roof of their mosque.
Meanwhile, the state has completely failed to prevent the arrest
of innocent victims under the blasphemy law introduced in 1985.
The present political leadership, lacking a mandate from the
people, is obviously reluctant to take any decisive measures that
would hurt the feelings of the majority and is simply allowing
the rights of minorities to be eroded. In the political system,
religious preference is used as the basis for the present 'separate
electorate system', whereby Christians are compelled to vote
for four special Christian representatives. Every request to
overturn this law and allow minorities to vote for national
candidates has been rejected, further aggravating minority
feelings that they are treated as second-class citizens and are
discriminated against on the basis of religion.
9.
The Commission must take religious intolerance, particularly in
South Asia, as a matter of grave concern and urgency. Literally
millions of people suffer the terrible burden of religious
discrimination. The levels of violence both within and between
communities with different beliefs are intense. A truly explosive
situation exists that calls for the Commission's
consideration. These matters should also be addressed at the
World Conference Against Racism, Racial Discrimination,
Xenophobia and Related Intolerance later this year, with a view
to developing both short and long term plans towards their
resolution.
Posted on 2001-01-30
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