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14 August 2000
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Subcommission on the Promotion
and Protection of Human Rights
52nd session
14 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights carried on this afternoon with its annual review of the rights of minorities, hearing a presentation on the situation of the Roma which contended that they were subject to pervasive racism, violence, and social and economic problems.
Subcommission Expert Yueng Kam Yeung Sik Yuen, author of a working paper on the topic, said many mainstream populations were quick to pick on the few employed Roma as scapegoats in the competition for jobs, while the press was guilty of stereotyping the Roma as having a predisposition for committing crimes. There was a need for tougher anti-racism laws and for the prosecution and punishment of those who attacked or discriminated against the Roma, including police who did so, he said.
Also this afternoon, Subcommission Experts Erica-Irene Daes and Asbjorn Eide presented a working paper on the distinctions between minorities and indigenous peoples. Mr. Eide said, among other things, that minority rights were aimed at protecting the rights of individuals within a process of integration; minority members were seen as participating within the common domain of society as a whole, whereas indigenous rights were aimed more at promoting and protecting the separateness of certain peoples. Mrs. Daes said, among other things, that indigenous groups were characterized by "aboriginality", geographical concentration, and internal self-determination -- the right to govern themselves without external Government interference, although generally remaining geographically within the territory of a recognized country. She and Mr. Eide added that the sensitive topic of "self-determination" perhaps had to be better and more accurately defined.
A number of non-governmental organizations (NGOs) charged during the meeting that minorities were suffering human-rights abuses in various countries and regions.
Speaking over the course of the afternoon were Mr. Sik Yuen, Mrs. Daes, Mr. Eide, and Subcommission Experts or Alternate Members Louis Joinet, Barbara Frey, Fan Guoxiang, Vladimir Kartashkin, Stanislav Ogurtsov, Asbjorn Eide, Manuel Rodriguez Cuadros, and Francoise Jane Hampson.
Representatives of the following NGOs delivered statements: the International Human Rights Association of American Minorities, North-South XXI, the International Council of Jewish Women, Caucasians United for Reparations and Emancipation, the Himalayan Research and Cultural Foundation, the European Union of Public Relations, Interfaith International, the Transnational Radical Party, the International Institute for Non-Aligned Studies, and Franciscans International.
The Subcommission adjourned its afternoon session at 6 p.m. and began an evening session scheduled to adjourn at 9 p.m.
Statements
YEUNG KAN YEUNG SIK YEUN, Subcommission Expert, presented his working paper on the human rights situation of the Roma with a view to enable the Subcommission to take a decision on the feasibility of a study on the subject. The Roma were victims of every known human rights abuse, the first was racism and violence and the second concerned social and economic problems. The first appeared as a result of the fall of communism and the subsequent impacts. Much could be explained from the unemployment rates in the former Communist bloc. Many of the mainstream populations were quick to pick on the few employed Roma as scape goats in the competition for jobs. The press was also guilty of stereotyping the Roma as having a predisposition for committing crimes. There was a need for tougher racist laws, and a prosecution and punishment thereof. The problems of the Roma had to be resolved and it had to be ensured that States lived up to their duties and promoted human rights. There was a duty to provide effective remedies. States had to compensate victims of human rights abuses in which States were involved. States also had to provide financial and medical assistance to the victims of human rights violations by others. States may have an even wider duty under the latter circumstance.
The problems in the social and economic areas were seen in the poor housing, which often amounted to ghettoisation, and the low levels of school attendance, the lack of a political role. The massive inequalities which stood in the way of the Roma to achieve their social and economic rights had to be eradicated. In the sectors of education and employment, affirmative action programmes were required. Communication lines had to be built to link the Roma with the mainstream community, and trust based on mutual respect needed to be established with the help and support of the State.
A recent development had been opposition to the meeting of several thousands of Roma in France. The local traders were attempting to stop this event. On the other hand, the Czech Republic had taken steps to open more schools for Roma children in order to improve their chances to join mainstream Czech schools. Success stories were not frequent. It was encouraging to see that in South America, the Roma had had a relative success in the participation in civil society. The successful adaptation of the Roma in South America required in-depth study.
LOUIS JOINET, Subcommission Expert, said Mr. Sik Yuen had taken the first steps towards study of a difficult subject -- one of the most delicate taken up by the Subcommission in 20 years. The Roma were spread through many countries in the world -- they were even in Latin America. Since they were in so many countries and were victims of varying degrees of intolerance, people always tried to shift the blame on anyone else. It was high time the Subcommission began to talk about the rights of the Roma. The most difficult challenge would be the recommendations and how to implement them.
BARBARA FREY, Subcommission Alternate Member, said there was on-going work by the Committee on the Elimination of Racial Discrimination on the problems of the Roma. There had been widespread discrimination and violence against the Romany communities, especially in Central and Eastern Europe. Too many countries were refusing to provide adequate protection to the Roma in these cases, failing in their obligation to investigate and bring perpetrators to justice. Discrimination was most notable in the areas of education, housing and employment. Few school-aged Roma children attended school in any Central or Eastern European countries and those who did were often segregated into special schools for intellectually deficient students. Illiteracy among Roma reached 80 to 90 percent in some countries. De facto segregation was also prominent in housing and employment. Discrimination was further compounded by the lack of reliable data regarding their social and economic situations in many countries. Ms. Frey encouraged the Subcommission to authorize Mr. Sik Yuen to prepare a comprehensive study on the human rights problems and protections of the Roma. Governments had to adopt appropriate legislation, prosecute ethnically motivated crimes and provide mandatory training of police and prosecutors to develop the skills and the political will necessary for adequate investigations. There were no simple preventive solutions to the widespread discrimination and violence facing the Roma throughout Europe. Only through concerted efforts by governments, non-governmental organizations and Romany leaders could the problem be addressed.
FAN GUOXIANG, Subcommission Expert, said the working group on minorities had made important progress through its positive and prudent guidelines which kept a balance, addressing the problems of minorities but within a context of national unity. The document by Mr. Eide and Mrs. Daes made useful distinctions between indigenous peoples and minorities, and Mr. Sik Yuen had provided a valuable service on behalf of the human rights of the Roma. Mr. Sik Yuen should be authorized to carry out a full study on the Roma.
Certain countries in the Americas and Europe had objected to article 4 of the Convention on the Elimination of all Forms of Racial Discrimination, saying the clause could interfere with free-speech rights. But the Committee on the Elimination of Racial Discrimination contended that freedom of speech and association could rightly be subject to some limitations. There were serious rights of minorities that had to be protected; most States were multi-ethnic, and many ethnic conflicts were now occurring, and if ethnic or religious groups started claiming statehood, it would be a huge problem. The solution was to protect minorities and to provide them with all human rights within national boundaries, but meanwhile to protect State integrity and authority.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, stressed the importance of the working paper on the problems relating to the human rights situation of the Roma. A veritable range of subjects were investigated such as the different forms of discrimination suffered by the Roma as well as the socio-economic problems flowing from the discrimination. As all were aware, the problems of the Roma were being examined by a number of regional United Nations bodies, such as the Council of Europe and the Organization for Security and Cooperation in Europe. Each of these organizations was dealing with the problems of the Roma, in particular the Committee on the Elimination of Racial Discrimination. These issues were also highlighted by a series of other bodies.
Mr. Kartashkin supported Ms. Frey's suggestion that Mr. Sik Yuen should continue his work as a Special Rapporteur on the subject. It was suggested that more attention be paid to the defence of the Roma people within regional organizations. Specifically, one did not know whether the Roma's problems had been examined by the European Tribunal, or other committees which should spend more of their time on this problem.
STANISLAV OGURTSOV, Subcommission Expert, said the working paper on the Roma was well organized and cogent and made valuable recommendations. The problem was current and it was indispensable for the Subcommission to attack it. The current situation of the Roma was totally unacceptable -- a whole people was being subject to violence and discrimination, and their rights simply ignored, by countries across Europe. The reappearance of fascist and extreme rightist groups was cause for further concern, since the extermination of Roma during World War II had been as great in offense and consequence as the Holocaust. Their situation today continued to deteriorate. Mr. Sik Yuen should be able to continue his study, and to develop useful contacts with European regional and human-rights organizations.
ASBJORN EIDE, Subcommission Expert, underlined the significance of the issue of the human rights situation of the Roma people. Mechanisms of remedies and law enforcement should be highlighted in further studies on the topic. One specific case of concern was Kosovo, where one negative consequence had been the substantial expulsion of the Roma. This was particularly worrying as there was considerable international presence in Kosovo. Mr. Sik Yeun was encouraged to continue the excellent work.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said the report offered a comprehensive view and made an effort to pinpoint effective courses of action and even forms of compensation for Roma. It was essential to take positive measures to resolve problems affecting the Roma in the areas of unemployment and housing, but the most essential thing was to make sure they were given equal treatment before the law. Mr. Sik Yuen should be given a mandate to produce an in-depth report on the Roma.
MARILYN PRESTON KULLINGHAM, of the International Human Rights Association of American Minorities, said that District of Colombia residents in the United States lacked self-determination in that their rights to the equal protection of the laws were violated because the United States Congress held the power of exclusive legislation over the District of Columbia and held identical power over thousands of people across the United States. The District of Columbia residents had the right to equal protection of the laws. The organization also highlighted the problem of discrimination against indigenous populations of the Americas and the indigenous nations of Alaska. The discrimination was ongoing and well documented in spite of great strides achieved through the work of the United Nations. Indigenous peoples were denied adequate means to make a living in their traditional ways, suffering serious health problems. Disproportionate incarceration was also rampant throughout indigenous America.
The Association recommended that the organizational structure of the United Nations be streamlined and made more responsive and efficient in order to address human rights abuses and that the procedures of the Subcommission with its panel of experts not be changed until there had been serious consideration of the alternatives. The Subcommission was urged to examine the discriminating situation in Alaska facing the Kuiu Kwaan peoples.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, said the working group on minorities had made great progress in the three sessions he had attended; it had shifted from studying theoretical and thematic matters to practical issues related to the implementation of the declaration on the rights of minorities. At the seventh session of the working group, a significant portion of time would be devoted to studying specific ways of resolving the problems of minorities, including review of case situations and the conducting of dialogue with Governments on specific situations. Governments and minorities would be sounded out on the possibility of drawing up a draft convention on the rights of minorities. Attention also would be given to coming up with a definition of "minority" -- an issue yet to be settled at the international level. He thought it would possible to agree on a definition.
JANE FRANCOISE HAMPSON, Subcommission Expert, said that the working paper on minorities stated that minorities did not have the rights to a collective self-determination statement. It was suggested that this statement be qualified as when minorities were denied public life, there might be some form of collective right. If they were denied the right to vote, an exception might arise. Furthermore, the beneficiaries of the right raised the question of group and collective rights. It was also important to clarify who determined membership and non-membership of the group. The distinction between indigenous peoples and minorities was useful, particularly in theory even though approaches in practice would sometimes be similar. Minorities also needed to be able to protect their own culture and language.
On Mr. Sik Yeun's paper, attention should be given to work on the issue on the regional level. The importance of preventing hate speech and racially motivated attacks and the effective investigation, punishment and prosecution of those guilty, was emphasized. The European Court of Human Rights had started to prosecute human rights violations against the Roma. This was an important element and it was appropriate to place on record the important work of Bulgarian lawyers who had taken cases to the European Court of Human Rights.
LYNA AL TABAL, of North-South XXI, said after Israel had taken the Palestinian territories, expelling thousands of Palestinians, it had occupied the eastern part of Jerusalem. Then Israelis began applying discriminatory laws in Jerusalem and the occupied regions, claiming this was necessary for security reasons. More Palestinians left. Housing was built for Israelis in Jerusalem, while Arabs lost housing; currently some 75 per cent of Arabs in Jerusalem lived in poverty; Arabs were treated in Jerusalem as if they were foreigners -- they had to have permits which could be revoked at any moment. Israelis refused to allow hundreds of Arabs to live in Jerusalem at all. It was difficult for Arabs to participate in elections.
This policy was aimed at the Judaization of Jerusalem, and it was beginning to work, especially as Israel refused to implement various UN resolutions aimed at restoring Palestinians' rights. Many Palestinians had been held in detention for years without adjudication of their cases. The Subcommission should enquire after Palestinians in Israeli prisons and call for their release.
MYRIAM DIWAN, of the International Council of Jewish Women, said the protection of minorities touched upon the definition of the human being. New technologies and globalization had resulted in the decreased importance of the State and the inadequate protection by the States of national minorities. States were supposed to protect all minorities on their respective territories. The identity of a human being was determined by the environment one had been brought up in and no persons belonging to a minority should suffer in any way, or have sanctions imposed upon them because of their identity. A person had a need to be recognized and to belong to a group, yet it was important to realize that cultures were not fixed in time but were dynamic. People evolved and were assimilated to the cultures they were living in and experiencing. Education would allow the proper integration of minorities. One had to be careful to avoid the trap in the fine line between assimilation and the denial of ethnic or national identity.
ASBJORN EIDE, Subcommission Expert, introducing a working paper (E/CN.4/Sub./2000/10) on the distinction between the rights of persons belonging to minorities, on the one hand, and of indigenous peoples, on the other, said there had seemed to be a great need lately to make the distinction clear. In his part of the paper, he argued that under contemporary international law, there were certain specific rights aimed at national, ethnic, religious, or linguistic minorities, and a different category aimed at indigenous peoples which might soon expand with adoption of a declaration on the rights of such peoples. The main thrust in the distinction of rights of minorities was that they were formulated as "rights of persons belonging to. . ." The State had an obligation to protect the existence and the identity of the group as a whole, but the rights were formulated with a focus on the individual.
On the other hand, provisions related to indigenous peoples were formulated largely as collective rights -- with focus on groups. Minority rights were aimed at protecting the rights of individuals within a process of integration -- they were seen as participating within the common domain of society as a whole. Indigenous rights were aimed at promoting and protecting the separateness of such peoples; the assumption seemed to be that indigenous people participated less in the common domain. That appeared to date from their long connection to traditional lands and their dominion over those lands. Still, the final distinction between these two categories was often debateable. Perhaps the Subcommission should look a little more at whether the distinction could be modified, and it was probably good not to be too rigid. When and where the right to self-determination applied, however, was a very slippery and sensitive matter in the international arena.
ERICA-IRENE DAES, Subcommission Expert, said the second paper dealt mainly with the characteristics of the indigenous peoples and the minorities. The following factors had been accepted as characteristic of the two, amongst others, numerical inferiority, cultural and linguistic restrictions, and aboriginality. The aboriginality was of use as a distinguishing characteristic of indigenous peoples and minorities. The principal legal distinction was with respect to self-determination. The Subcommission should deal with the concept of self-determination in a more systematic manner. An update, analysis and study under contemporary conditions was suggested. The right to govern oneself was enjoyed by some peoples but as yet only indigenous people enjoyed limited self-government. Many aspects of these characteristics needed to be studied in detail.
YEUNG KAM YEUNG SIK YUEN, Subcommission Expert, said the joint paper on the distinction between minorities and indigenous peoples said the issue was a matter of relative integration and autonomy, with minorities more integrated and indigenous peoples more autonomous. But it seemed to him that there was no rigid compartment, especially between categories of rights that focused on individuals rather than groups, and vice versa. Mainstream populations often perceived that protecting the human rights of minorities might amount to giving away or selling off their own rights -- a wrong perception. There was the feeling that giving minorities extensive rights was a way of letting in a Trojan horse; that more and more would be claimed by these groups. It had to be made clear that there was no competition in human rights between minority and majority rights.
He was grateful for the Subcommittee's remarks relating to his working paper on the Roma, and, if authorized to carry out a full study, he would take their comments into account.
SILIS MUHAMMAD, of the Caucasians United Reparations and Emancipation, supported the proposed regional seminar for the Americas to be held in order to examine the issues of African-Americans. The United States had the United Nations under the belief that African-Americans were not an ethnic minority. The UN definition was in need of expansion to include African-Americans. They did not have their 'mother tongue', culture nor religion, thus no identity due to the lingering effects of the plantation slavery. They wished to be reinstated as people and had brought their prayer to the working group on minorities, as it had been entrusted with the task of promoting and protecting rights of minorities. They supported that 'race' was a constituent element of the definition of a minority.
SULTAN SHAHIN, of the Himalayan Research and Cultural Foundation, said one obstacle to minority rights was the exploitation of minority grievances by rival States for settling their own scores or as a part of their strategic designs. In India, minorities of all descriptions with any real or imaginary grievance had access to virtually unlimited funds, arms and training from across the borders, if they were prepared to engage in subversive activities. About 30 per cent of the militants in Kashmir were of foreign origin. Such narco-terrorism was not conducive to the resolution of minority grievances. The chief obstacle to peace was the support extended to terrorism by India's unfriendly neighbours in the name of Jihad. Were Muslims around the world going to allow such a denigration and misinterpretation of Islam as that propounded under this senseless violence?
Those whom Mr. Eide described as "conflict entrepreneurs" could exploit religion by misinterpreting it, but on the other hand, "peace entrepreneurs" should be able to use religion in its right spirit to fight those nefarious designs. Multicultural and intercultural education was one way of doing this.
FIRDOUS SYED BABA, of the European Union of Public Relations, said that Constitutions in democratic systems reflected, among other things, the policy of the States towards the minorities existing in these societies. Therefore, while examining and reviewing the Constitutional and legal provisions in the context of their adherence to the standards of human rights and particularly for the prevention of discrimination and protection of minorities, one had to be vigilant that discrimination did not flow out of the constitutional provisions themselves. The Subcommission was urged to invite the attention of the Special Rapporteur to this problem and to consider appropriate measures. The report failed to consider conflict situations involving the external forces targeting specific minority groups such as the plight of the Kashmir minority Hindus. The Pakistani sponsored attacks grossly violated human rights and attempted to vivisect a common cultural identity.
CHARLES GRAVES, of Interfaith International, said Governments claimed that they paid attention to the problems of minorities, but in fact most of the violations of minority rights were continuing under these same Governments which, in international meetings, vaguely agreed to the general principle of the rights of minorities. Just last month, many Muslim Chinese had been executed because they were asking for basic rights of self-expression for their community; the lack of international response, even from the UN, would permit the continuation of such abuses. People in Chechnya wondered why the UN could help East Timor achieve independence but could not help the Chechen people even to the minimum point of saving their lives, security and human dignity. Was this only because certain Governments wished to please the Russian Federation?
Saudi Arabia regularly promised to improve the situation of the Shi'a, but the world was still waiting to see any real progress. In Pakistan, sectarian killings were endangering minorities and the present military Government, while promising to end these killings, had not done so. Such "double standards" on the part of Governments regarding public statements and actual treatment of minorities had to change to concrete action to help minorities.
PAOLO PIETROSANTI, of the Transnational Radical Party, said that the Roma nation was considered a minority even though the nation consisted of over 15 million individuals. Such a big group could hardly be considered a minority. An entire nation was represented in the UN system by merely one non-governmental organization, the International Romany Union (IRU). The Roma shared the same language, the same traditions as well as the same origin. There was no doubt there was a lack of representation of this people. Yet, the Roma did not want or seek to become a State which underlined one of the major issues at stake in the current international debate on the adequacy of the State system itself in a globalized world. The Roma identity could be a rich resource to the rest of the world as a viable path for future relations.
In Kosovo, the Roma were suffering from racism and discrimination more so than other groups belonging to other minorities due to the lack of coherent European policies toward the Roma people. The needs of the Roma people were identical to those of other people, in the search for democracy, rule of law and respect. When the European Union one day became a federal union, the term ' minority' itself would be antiquated. The international community had a high duty, and not just a moral one, to ensure the rule of law through adequate and updated institutions with effective jurisdiction that could address the current needs of each and every individual freely taking part in a global society.
HARISH GUPTA, of the International Institute for Non-Aligned Studies, said the forces of globalization were causing an opposite trend towards assertion of diversity, upsurge of identity, and the search for autonomy and dignity. Unfortunately, ethnic conflicts continued to cause deaths, suffering and misery around the world. One solution was in Government commitment to human rights with a special sensitivity to minority rights, but unfortunately States were not seriously complying with those rights. Many seemed to think that applying such rights would only cause more trouble.
What was required was to promote harmonious relations among different linguistic, cultural and religious groups through mutual respect. The Subcommission's working group on minorities was a good forum for such activity. Its experts were dispassionate and objective. The working group and the Subcommission should impress upon States the necessity of implementing minority rights effectively.
PHILIPPE LE BLANC, of Franciscan International, raised concerns about religious intolerance and discrimination on the basis of religion. Religious intolerance remained at the root of a number of conflicts and ongoing violence in the world. The current governmental authorities in Pakistan had promised to announce a restructuring of the election laws by August 14. The organization called upon the Government of Pakistan to seize the opportunity to demonstrate that the country was truly committed to democratic principles by ending the separate electoral system and re-introducing a joint electoral system. The former system discriminated on the basis of religion in denying religious minorities their right of universal adult franchise as one could only vote for candidates of one's own religion. The separate system silenced the expression of political views of the religious minorities in the country and negatively affected the social fabric of the country. In an unprecedented move, Pakistani civil society had come together to gain support for ending the separate electoral system. The governmental authorities were called up to respond positively to the demand of civil society. The Subcommission was urged to monitor the progress toward implementation of full democracy in Pakistan.
* *** *
and Protection of Human Rights
52nd session
14 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights carried on this afternoon with its annual review of the rights of minorities, hearing a presentation on the situation of the Roma which contended that they were subject to pervasive racism, violence, and social and economic problems.
Subcommission Expert Yueng Kam Yeung Sik Yuen, author of a working paper on the topic, said many mainstream populations were quick to pick on the few employed Roma as scapegoats in the competition for jobs, while the press was guilty of stereotyping the Roma as having a predisposition for committing crimes. There was a need for tougher anti-racism laws and for the prosecution and punishment of those who attacked or discriminated against the Roma, including police who did so, he said.
Also this afternoon, Subcommission Experts Erica-Irene Daes and Asbjorn Eide presented a working paper on the distinctions between minorities and indigenous peoples. Mr. Eide said, among other things, that minority rights were aimed at protecting the rights of individuals within a process of integration; minority members were seen as participating within the common domain of society as a whole, whereas indigenous rights were aimed more at promoting and protecting the separateness of certain peoples. Mrs. Daes said, among other things, that indigenous groups were characterized by "aboriginality", geographical concentration, and internal self-determination -- the right to govern themselves without external Government interference, although generally remaining geographically within the territory of a recognized country. She and Mr. Eide added that the sensitive topic of "self-determination" perhaps had to be better and more accurately defined.
A number of non-governmental organizations (NGOs) charged during the meeting that minorities were suffering human-rights abuses in various countries and regions.
Speaking over the course of the afternoon were Mr. Sik Yuen, Mrs. Daes, Mr. Eide, and Subcommission Experts or Alternate Members Louis Joinet, Barbara Frey, Fan Guoxiang, Vladimir Kartashkin, Stanislav Ogurtsov, Asbjorn Eide, Manuel Rodriguez Cuadros, and Francoise Jane Hampson.
Representatives of the following NGOs delivered statements: the International Human Rights Association of American Minorities, North-South XXI, the International Council of Jewish Women, Caucasians United for Reparations and Emancipation, the Himalayan Research and Cultural Foundation, the European Union of Public Relations, Interfaith International, the Transnational Radical Party, the International Institute for Non-Aligned Studies, and Franciscans International.
The Subcommission adjourned its afternoon session at 6 p.m. and began an evening session scheduled to adjourn at 9 p.m.
Statements
YEUNG KAN YEUNG SIK YEUN, Subcommission Expert, presented his working paper on the human rights situation of the Roma with a view to enable the Subcommission to take a decision on the feasibility of a study on the subject. The Roma were victims of every known human rights abuse, the first was racism and violence and the second concerned social and economic problems. The first appeared as a result of the fall of communism and the subsequent impacts. Much could be explained from the unemployment rates in the former Communist bloc. Many of the mainstream populations were quick to pick on the few employed Roma as scape goats in the competition for jobs. The press was also guilty of stereotyping the Roma as having a predisposition for committing crimes. There was a need for tougher racist laws, and a prosecution and punishment thereof. The problems of the Roma had to be resolved and it had to be ensured that States lived up to their duties and promoted human rights. There was a duty to provide effective remedies. States had to compensate victims of human rights abuses in which States were involved. States also had to provide financial and medical assistance to the victims of human rights violations by others. States may have an even wider duty under the latter circumstance.
The problems in the social and economic areas were seen in the poor housing, which often amounted to ghettoisation, and the low levels of school attendance, the lack of a political role. The massive inequalities which stood in the way of the Roma to achieve their social and economic rights had to be eradicated. In the sectors of education and employment, affirmative action programmes were required. Communication lines had to be built to link the Roma with the mainstream community, and trust based on mutual respect needed to be established with the help and support of the State.
A recent development had been opposition to the meeting of several thousands of Roma in France. The local traders were attempting to stop this event. On the other hand, the Czech Republic had taken steps to open more schools for Roma children in order to improve their chances to join mainstream Czech schools. Success stories were not frequent. It was encouraging to see that in South America, the Roma had had a relative success in the participation in civil society. The successful adaptation of the Roma in South America required in-depth study.
LOUIS JOINET, Subcommission Expert, said Mr. Sik Yuen had taken the first steps towards study of a difficult subject -- one of the most delicate taken up by the Subcommission in 20 years. The Roma were spread through many countries in the world -- they were even in Latin America. Since they were in so many countries and were victims of varying degrees of intolerance, people always tried to shift the blame on anyone else. It was high time the Subcommission began to talk about the rights of the Roma. The most difficult challenge would be the recommendations and how to implement them.
BARBARA FREY, Subcommission Alternate Member, said there was on-going work by the Committee on the Elimination of Racial Discrimination on the problems of the Roma. There had been widespread discrimination and violence against the Romany communities, especially in Central and Eastern Europe. Too many countries were refusing to provide adequate protection to the Roma in these cases, failing in their obligation to investigate and bring perpetrators to justice. Discrimination was most notable in the areas of education, housing and employment. Few school-aged Roma children attended school in any Central or Eastern European countries and those who did were often segregated into special schools for intellectually deficient students. Illiteracy among Roma reached 80 to 90 percent in some countries. De facto segregation was also prominent in housing and employment. Discrimination was further compounded by the lack of reliable data regarding their social and economic situations in many countries. Ms. Frey encouraged the Subcommission to authorize Mr. Sik Yuen to prepare a comprehensive study on the human rights problems and protections of the Roma. Governments had to adopt appropriate legislation, prosecute ethnically motivated crimes and provide mandatory training of police and prosecutors to develop the skills and the political will necessary for adequate investigations. There were no simple preventive solutions to the widespread discrimination and violence facing the Roma throughout Europe. Only through concerted efforts by governments, non-governmental organizations and Romany leaders could the problem be addressed.
FAN GUOXIANG, Subcommission Expert, said the working group on minorities had made important progress through its positive and prudent guidelines which kept a balance, addressing the problems of minorities but within a context of national unity. The document by Mr. Eide and Mrs. Daes made useful distinctions between indigenous peoples and minorities, and Mr. Sik Yuen had provided a valuable service on behalf of the human rights of the Roma. Mr. Sik Yuen should be authorized to carry out a full study on the Roma.
Certain countries in the Americas and Europe had objected to article 4 of the Convention on the Elimination of all Forms of Racial Discrimination, saying the clause could interfere with free-speech rights. But the Committee on the Elimination of Racial Discrimination contended that freedom of speech and association could rightly be subject to some limitations. There were serious rights of minorities that had to be protected; most States were multi-ethnic, and many ethnic conflicts were now occurring, and if ethnic or religious groups started claiming statehood, it would be a huge problem. The solution was to protect minorities and to provide them with all human rights within national boundaries, but meanwhile to protect State integrity and authority.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, stressed the importance of the working paper on the problems relating to the human rights situation of the Roma. A veritable range of subjects were investigated such as the different forms of discrimination suffered by the Roma as well as the socio-economic problems flowing from the discrimination. As all were aware, the problems of the Roma were being examined by a number of regional United Nations bodies, such as the Council of Europe and the Organization for Security and Cooperation in Europe. Each of these organizations was dealing with the problems of the Roma, in particular the Committee on the Elimination of Racial Discrimination. These issues were also highlighted by a series of other bodies.
Mr. Kartashkin supported Ms. Frey's suggestion that Mr. Sik Yuen should continue his work as a Special Rapporteur on the subject. It was suggested that more attention be paid to the defence of the Roma people within regional organizations. Specifically, one did not know whether the Roma's problems had been examined by the European Tribunal, or other committees which should spend more of their time on this problem.
STANISLAV OGURTSOV, Subcommission Expert, said the working paper on the Roma was well organized and cogent and made valuable recommendations. The problem was current and it was indispensable for the Subcommission to attack it. The current situation of the Roma was totally unacceptable -- a whole people was being subject to violence and discrimination, and their rights simply ignored, by countries across Europe. The reappearance of fascist and extreme rightist groups was cause for further concern, since the extermination of Roma during World War II had been as great in offense and consequence as the Holocaust. Their situation today continued to deteriorate. Mr. Sik Yuen should be able to continue his study, and to develop useful contacts with European regional and human-rights organizations.
ASBJORN EIDE, Subcommission Expert, underlined the significance of the issue of the human rights situation of the Roma people. Mechanisms of remedies and law enforcement should be highlighted in further studies on the topic. One specific case of concern was Kosovo, where one negative consequence had been the substantial expulsion of the Roma. This was particularly worrying as there was considerable international presence in Kosovo. Mr. Sik Yeun was encouraged to continue the excellent work.
MANUEL RODRIGUEZ CUADROS, Subcommission Expert, said the report offered a comprehensive view and made an effort to pinpoint effective courses of action and even forms of compensation for Roma. It was essential to take positive measures to resolve problems affecting the Roma in the areas of unemployment and housing, but the most essential thing was to make sure they were given equal treatment before the law. Mr. Sik Yuen should be given a mandate to produce an in-depth report on the Roma.
MARILYN PRESTON KULLINGHAM, of the International Human Rights Association of American Minorities, said that District of Colombia residents in the United States lacked self-determination in that their rights to the equal protection of the laws were violated because the United States Congress held the power of exclusive legislation over the District of Columbia and held identical power over thousands of people across the United States. The District of Columbia residents had the right to equal protection of the laws. The organization also highlighted the problem of discrimination against indigenous populations of the Americas and the indigenous nations of Alaska. The discrimination was ongoing and well documented in spite of great strides achieved through the work of the United Nations. Indigenous peoples were denied adequate means to make a living in their traditional ways, suffering serious health problems. Disproportionate incarceration was also rampant throughout indigenous America.
The Association recommended that the organizational structure of the United Nations be streamlined and made more responsive and efficient in order to address human rights abuses and that the procedures of the Subcommission with its panel of experts not be changed until there had been serious consideration of the alternatives. The Subcommission was urged to examine the discriminating situation in Alaska facing the Kuiu Kwaan peoples.
VLADIMIR KARTASHKIN, Alternate Subcommission Member, said the working group on minorities had made great progress in the three sessions he had attended; it had shifted from studying theoretical and thematic matters to practical issues related to the implementation of the declaration on the rights of minorities. At the seventh session of the working group, a significant portion of time would be devoted to studying specific ways of resolving the problems of minorities, including review of case situations and the conducting of dialogue with Governments on specific situations. Governments and minorities would be sounded out on the possibility of drawing up a draft convention on the rights of minorities. Attention also would be given to coming up with a definition of "minority" -- an issue yet to be settled at the international level. He thought it would possible to agree on a definition.
JANE FRANCOISE HAMPSON, Subcommission Expert, said that the working paper on minorities stated that minorities did not have the rights to a collective self-determination statement. It was suggested that this statement be qualified as when minorities were denied public life, there might be some form of collective right. If they were denied the right to vote, an exception might arise. Furthermore, the beneficiaries of the right raised the question of group and collective rights. It was also important to clarify who determined membership and non-membership of the group. The distinction between indigenous peoples and minorities was useful, particularly in theory even though approaches in practice would sometimes be similar. Minorities also needed to be able to protect their own culture and language.
On Mr. Sik Yeun's paper, attention should be given to work on the issue on the regional level. The importance of preventing hate speech and racially motivated attacks and the effective investigation, punishment and prosecution of those guilty, was emphasized. The European Court of Human Rights had started to prosecute human rights violations against the Roma. This was an important element and it was appropriate to place on record the important work of Bulgarian lawyers who had taken cases to the European Court of Human Rights.
LYNA AL TABAL, of North-South XXI, said after Israel had taken the Palestinian territories, expelling thousands of Palestinians, it had occupied the eastern part of Jerusalem. Then Israelis began applying discriminatory laws in Jerusalem and the occupied regions, claiming this was necessary for security reasons. More Palestinians left. Housing was built for Israelis in Jerusalem, while Arabs lost housing; currently some 75 per cent of Arabs in Jerusalem lived in poverty; Arabs were treated in Jerusalem as if they were foreigners -- they had to have permits which could be revoked at any moment. Israelis refused to allow hundreds of Arabs to live in Jerusalem at all. It was difficult for Arabs to participate in elections.
This policy was aimed at the Judaization of Jerusalem, and it was beginning to work, especially as Israel refused to implement various UN resolutions aimed at restoring Palestinians' rights. Many Palestinians had been held in detention for years without adjudication of their cases. The Subcommission should enquire after Palestinians in Israeli prisons and call for their release.
MYRIAM DIWAN, of the International Council of Jewish Women, said the protection of minorities touched upon the definition of the human being. New technologies and globalization had resulted in the decreased importance of the State and the inadequate protection by the States of national minorities. States were supposed to protect all minorities on their respective territories. The identity of a human being was determined by the environment one had been brought up in and no persons belonging to a minority should suffer in any way, or have sanctions imposed upon them because of their identity. A person had a need to be recognized and to belong to a group, yet it was important to realize that cultures were not fixed in time but were dynamic. People evolved and were assimilated to the cultures they were living in and experiencing. Education would allow the proper integration of minorities. One had to be careful to avoid the trap in the fine line between assimilation and the denial of ethnic or national identity.
ASBJORN EIDE, Subcommission Expert, introducing a working paper (E/CN.4/Sub./2000/10) on the distinction between the rights of persons belonging to minorities, on the one hand, and of indigenous peoples, on the other, said there had seemed to be a great need lately to make the distinction clear. In his part of the paper, he argued that under contemporary international law, there were certain specific rights aimed at national, ethnic, religious, or linguistic minorities, and a different category aimed at indigenous peoples which might soon expand with adoption of a declaration on the rights of such peoples. The main thrust in the distinction of rights of minorities was that they were formulated as "rights of persons belonging to. . ." The State had an obligation to protect the existence and the identity of the group as a whole, but the rights were formulated with a focus on the individual.
On the other hand, provisions related to indigenous peoples were formulated largely as collective rights -- with focus on groups. Minority rights were aimed at protecting the rights of individuals within a process of integration -- they were seen as participating within the common domain of society as a whole. Indigenous rights were aimed at promoting and protecting the separateness of such peoples; the assumption seemed to be that indigenous people participated less in the common domain. That appeared to date from their long connection to traditional lands and their dominion over those lands. Still, the final distinction between these two categories was often debateable. Perhaps the Subcommission should look a little more at whether the distinction could be modified, and it was probably good not to be too rigid. When and where the right to self-determination applied, however, was a very slippery and sensitive matter in the international arena.
ERICA-IRENE DAES, Subcommission Expert, said the second paper dealt mainly with the characteristics of the indigenous peoples and the minorities. The following factors had been accepted as characteristic of the two, amongst others, numerical inferiority, cultural and linguistic restrictions, and aboriginality. The aboriginality was of use as a distinguishing characteristic of indigenous peoples and minorities. The principal legal distinction was with respect to self-determination. The Subcommission should deal with the concept of self-determination in a more systematic manner. An update, analysis and study under contemporary conditions was suggested. The right to govern oneself was enjoyed by some peoples but as yet only indigenous people enjoyed limited self-government. Many aspects of these characteristics needed to be studied in detail.
YEUNG KAM YEUNG SIK YUEN, Subcommission Expert, said the joint paper on the distinction between minorities and indigenous peoples said the issue was a matter of relative integration and autonomy, with minorities more integrated and indigenous peoples more autonomous. But it seemed to him that there was no rigid compartment, especially between categories of rights that focused on individuals rather than groups, and vice versa. Mainstream populations often perceived that protecting the human rights of minorities might amount to giving away or selling off their own rights -- a wrong perception. There was the feeling that giving minorities extensive rights was a way of letting in a Trojan horse; that more and more would be claimed by these groups. It had to be made clear that there was no competition in human rights between minority and majority rights.
He was grateful for the Subcommittee's remarks relating to his working paper on the Roma, and, if authorized to carry out a full study, he would take their comments into account.
SILIS MUHAMMAD, of the Caucasians United Reparations and Emancipation, supported the proposed regional seminar for the Americas to be held in order to examine the issues of African-Americans. The United States had the United Nations under the belief that African-Americans were not an ethnic minority. The UN definition was in need of expansion to include African-Americans. They did not have their 'mother tongue', culture nor religion, thus no identity due to the lingering effects of the plantation slavery. They wished to be reinstated as people and had brought their prayer to the working group on minorities, as it had been entrusted with the task of promoting and protecting rights of minorities. They supported that 'race' was a constituent element of the definition of a minority.
SULTAN SHAHIN, of the Himalayan Research and Cultural Foundation, said one obstacle to minority rights was the exploitation of minority grievances by rival States for settling their own scores or as a part of their strategic designs. In India, minorities of all descriptions with any real or imaginary grievance had access to virtually unlimited funds, arms and training from across the borders, if they were prepared to engage in subversive activities. About 30 per cent of the militants in Kashmir were of foreign origin. Such narco-terrorism was not conducive to the resolution of minority grievances. The chief obstacle to peace was the support extended to terrorism by India's unfriendly neighbours in the name of Jihad. Were Muslims around the world going to allow such a denigration and misinterpretation of Islam as that propounded under this senseless violence?
Those whom Mr. Eide described as "conflict entrepreneurs" could exploit religion by misinterpreting it, but on the other hand, "peace entrepreneurs" should be able to use religion in its right spirit to fight those nefarious designs. Multicultural and intercultural education was one way of doing this.
FIRDOUS SYED BABA, of the European Union of Public Relations, said that Constitutions in democratic systems reflected, among other things, the policy of the States towards the minorities existing in these societies. Therefore, while examining and reviewing the Constitutional and legal provisions in the context of their adherence to the standards of human rights and particularly for the prevention of discrimination and protection of minorities, one had to be vigilant that discrimination did not flow out of the constitutional provisions themselves. The Subcommission was urged to invite the attention of the Special Rapporteur to this problem and to consider appropriate measures. The report failed to consider conflict situations involving the external forces targeting specific minority groups such as the plight of the Kashmir minority Hindus. The Pakistani sponsored attacks grossly violated human rights and attempted to vivisect a common cultural identity.
CHARLES GRAVES, of Interfaith International, said Governments claimed that they paid attention to the problems of minorities, but in fact most of the violations of minority rights were continuing under these same Governments which, in international meetings, vaguely agreed to the general principle of the rights of minorities. Just last month, many Muslim Chinese had been executed because they were asking for basic rights of self-expression for their community; the lack of international response, even from the UN, would permit the continuation of such abuses. People in Chechnya wondered why the UN could help East Timor achieve independence but could not help the Chechen people even to the minimum point of saving their lives, security and human dignity. Was this only because certain Governments wished to please the Russian Federation?
Saudi Arabia regularly promised to improve the situation of the Shi'a, but the world was still waiting to see any real progress. In Pakistan, sectarian killings were endangering minorities and the present military Government, while promising to end these killings, had not done so. Such "double standards" on the part of Governments regarding public statements and actual treatment of minorities had to change to concrete action to help minorities.
PAOLO PIETROSANTI, of the Transnational Radical Party, said that the Roma nation was considered a minority even though the nation consisted of over 15 million individuals. Such a big group could hardly be considered a minority. An entire nation was represented in the UN system by merely one non-governmental organization, the International Romany Union (IRU). The Roma shared the same language, the same traditions as well as the same origin. There was no doubt there was a lack of representation of this people. Yet, the Roma did not want or seek to become a State which underlined one of the major issues at stake in the current international debate on the adequacy of the State system itself in a globalized world. The Roma identity could be a rich resource to the rest of the world as a viable path for future relations.
In Kosovo, the Roma were suffering from racism and discrimination more so than other groups belonging to other minorities due to the lack of coherent European policies toward the Roma people. The needs of the Roma people were identical to those of other people, in the search for democracy, rule of law and respect. When the European Union one day became a federal union, the term ' minority' itself would be antiquated. The international community had a high duty, and not just a moral one, to ensure the rule of law through adequate and updated institutions with effective jurisdiction that could address the current needs of each and every individual freely taking part in a global society.
HARISH GUPTA, of the International Institute for Non-Aligned Studies, said the forces of globalization were causing an opposite trend towards assertion of diversity, upsurge of identity, and the search for autonomy and dignity. Unfortunately, ethnic conflicts continued to cause deaths, suffering and misery around the world. One solution was in Government commitment to human rights with a special sensitivity to minority rights, but unfortunately States were not seriously complying with those rights. Many seemed to think that applying such rights would only cause more trouble.
What was required was to promote harmonious relations among different linguistic, cultural and religious groups through mutual respect. The Subcommission's working group on minorities was a good forum for such activity. Its experts were dispassionate and objective. The working group and the Subcommission should impress upon States the necessity of implementing minority rights effectively.
PHILIPPE LE BLANC, of Franciscan International, raised concerns about religious intolerance and discrimination on the basis of religion. Religious intolerance remained at the root of a number of conflicts and ongoing violence in the world. The current governmental authorities in Pakistan had promised to announce a restructuring of the election laws by August 14. The organization called upon the Government of Pakistan to seize the opportunity to demonstrate that the country was truly committed to democratic principles by ending the separate electoral system and re-introducing a joint electoral system. The former system discriminated on the basis of religion in denying religious minorities their right of universal adult franchise as one could only vote for candidates of one's own religion. The separate system silenced the expression of political views of the religious minorities in the country and negatively affected the social fabric of the country. In an unprecedented move, Pakistani civil society had come together to gain support for ending the separate electoral system. The governmental authorities were called up to respond positively to the demand of civil society. The Subcommission was urged to monitor the progress toward implementation of full democracy in Pakistan.
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