SUB-COMMISSION ADDRESSED BY CHAIRMAN OF COMMITTEE AGAINST RACIAL DISCRIMINATION; DESCENT BASED DISCRIMINATION DISCUSSED

Sub-Commission on the Promotion
and Protection of Human Rights
54th session
9 August 2002
Afternoon



Report on Administration of Justice Reviewed;
Debate Continues on Prevention of Discrimination



Ion Diaconu, Chairman of the Committee on the Elimination of Racial Discrimination (CERD), spoke this afternoon before the Sub-Commission on the Promotion and Protection of Human Rights, saying among other things that a greater investigation was needed of discrimination based on descent, and that it was a complex and delicate matter simply to arrive at a definition of such discrimination.
Mr. Diaconu said that while such discrimination often was confused with caste discrimination, it also included several other factors, and that the consequences could include violation of economic, social and cultural rights, and pronounced segregation. While it was essential to respect cultures and to stimulate their development, he said, cultures under which such discrimination occurred could not be excused for such offenses -- culture must not take precedence over human rights.
Patrick Thornberry, Member and Rapporteur of CERD, also spoke briefly, saying the Committee was considering drafting a general recommendation on descent-based discrimination.
Sub-Commission members discussed how efforts made to date on the subject could be augmented, and in what form, with several suggesting that cooperation between CERD and the Sub-Commission might be useful in carrying out further exploration of descent-based discrimination.
The Sub-Commission also reviewed a report of its sessional Working Group on the administration of justice. Iulia-Antoanella Motoc, Chairperson of the group, said in introducing the document that among the matters discussed had been the death penalty, the privatization of prisons, and discriminatory legislation relating to sexual offenses.
Later in the afternoon, debate continued under the Sub-Commission's agenda item on the prevention of discrimination. A series of non-governmental organizations (NGOs) addressed the matter, contending, among other things, that more efforts were needed to teach tolerance and harmony; that greater steps were needed to protect religious minorities; and that approaches to combatting violence against women should include attention to the special problems suffered by women of lower-caste groups.
Representatives spoke from the following NGOs: the International Organization for the Elimination of All Forms of Racial Discrimination; Liberation; Human Rights Watch; Fraternite Notre Dame; the International Association of Democratic Lawyers; the Transnational Radical Party; International Educational Development; the International Federation of Free Journalists; the International Institute for Non-Aligned Studies; the American Association of Jurists; the Asian Centre for Organization Research and Development; Dominicans for Justice and Peace; the World Union for Progressive Judaism; and the Himalayan Research and Cultural Foundation.
Subcommission Experts or Alternates Barbara Frey, Miguel Alfonso Martinez, Francoise Jane Hampson, Asbjorne Eide, Christy Ezim Mbonu, and El Hadji Guisse delivered statements.
The Sub-Commission will reconvene at 10 a.m. on Monday, 12 August, with the intention of concluding its debate on prevention of discrimination. A closed meeting will begin at 11:30 a.m.

Statements on the Prevention of Discrimination
ION DIACCONU, Chairperson of the Committee on the Elimination of Racial Discrimination, said he had always related to the work of the Sub-Commission. Yesterday, the Committee had opened a debate on discrimination based on descent and had heard from several Sub-Commission Experts. The Committee dealt with periodic reports and communications forwarded by States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, as well as thematic debates. Last year, the thematic discussion had covered discrimination against the Roma.
Descent was an important issue, and was often the cause of severe discrimination. It was a complex concept - it could not be confused with concepts such as race or colour. Descent was also often confused with the "caste system", however, descent included several more factors. One of the consequences of discrimination was inequality in terms of economic, social and cultural rights and ensuing segregation. States had therefore been called upon to take action against apartheid and segregation. It was essential to respect cultures and to stimulate their development. However, culture must not precede human rights. The majority of the Committee had spoken out for a balanced approach including deciding on a definition of "descent". It was a difficult phenomenon to define, however, and approaches needed to be holistic and inclusive. The bottom-line was that these were human groups which defined themselves according to origin, culture, traditions and language. These "descent" groups could not be confused with "ethnic" or "nation" -based groups.
It was unfortunate that the Durban Conference had not had the time to deal with descent discrimination. The Committee, however, was dealing with the consequences of discrimination in the human rights framework. This morning, it had been pointed out that there was a need to create or strengthen existing legal framework. Economic development and the elimination of poverty were essential factors in the fight against discrimination based on descent. Several Committee members had suggested "affirmative action", and the strengthening of institutions including the education sector, law enforcement and the judiciary. Of course, as a Committee responsible for examining reports from States parties, requests would be sent to them to account for the existence of descent discrimination in their respective countries. The specific situation of each country must be considered. Economic and social indicators might be useful to assess whether discrimination based on descent was prevalent.
BARBARA FREY, Alternate Expert, said she would welcome the possibility of taking the work on affirmative action one step further by authorizing a member to do a further working paper on draft rules of principles of affirmative action. She also thought the Sub-Commission should continue its examination of discrimination based on work or descent -- it continued to be a major factor in the violation of human rights in many countries around the world and to affect the lives of an estimated 250 to 260 million people. Several other bodies had given attention to the issue, but she believed the Sub-Commission nonetheless had an important role to play. An extended working paper on the matter could explore the legal and conceptual parameters of such discrimination; and it could provide balance to the initial paper carried out on the topic by reviewing discriminatory practices in regions other than south Asia.
The caste system of South Asia had followed the flow of migration into North America, the Caribbean, and Europe, resulting in acts of discrimination in those regions as well. For example, a matrimonial service based in the United States openly advertised caste preferences; and in the United Kingdom emigrant Dalits often had to worship in different temples than members of other castes. Africa was another region that reportedly suffered from descent-based discrimination -- in Somalia, for example, lower-caste members were referred to as "Madibhans" and were considered impure, sinful and polluted. In northeast Kenya, the Watta were the lowest caste of the Burana people who worked as servants and carried out the most menial jobs; because of the stigma attached to them, they could not obtain education. There were also caste-based problems in Nigeria and Senegal.
The issue of caste-based discrimination deserved further study so that such violations could be better understood and addressed.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, said that yesterday he had been able to be present during part of CERD's thematic discussion on the matter of descent-based discrimination. He was far from an expert on the question of descent and had hoped to learn more about such an important issue. His first impression had been that he had re-lived the debates of the Sub-Commission. He had been carried back to a debate which involved not only the same ideas but also the same protagonists. Mr. Diaconu's statement had not made it clear what specific results were hoped for in such debates. He had believed that some specific recommendations would have been submitted and wanted a clarification as to what might be the results of the debate on descent. It was incumbent on the Sub-Commission to reach the greatest possible co-operation with United Nations instruments. However, in this case, he was concerned about duplication. In order to ensure this practical cooperation, it was necessary to continue the study of the matter. For the purposes of CERD's work, there was a need to generate the most fruitful and least redundant work. It would be of interest to know what the practical consequences of the thematic debate were.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, said discrimination based on descent could include caste, but could have other forms. Such discrimination was widespread. She hoped the Sub-Commission would pursue the work it had begun by looking at such discrimination outside the Asian subcontinent. Continuing study should also look into why remedies that had been attempted did not work. Without understanding this, it would be difficult to make progress. There was also a need for a conceptual analysis of when discrimination against certain groups amounted to racial discrimination. She wondered if CERD felt the best place for an overall analysis of descent-based discrimination would be CERD or the Sub-Commission. She was inclined to think the best forum was the Sub-Commission but would like to hear other opinions on the matter.
ASBJORN EIDE, Sub-Commission Expert, said he had been present at the thematic discussion and had found it very interesting. As Mrs. Hampson had just said, the Sub-Commission had had an initial exploration of the issue, particularly in the Asian context. However, it was clear that it was, in fact, a much wider phenomenon. Why was it that in spite of the fact that almost no Government condoned such discrimination, it persisted? These were deep seated cultural practices. This made it difficult them eradicate, he said. A wider international dialogue on this topic was encouraged.
CHRISTY EZIM MBONU, Alternate Expert, said when there were misconceptions, it was better to clarify them immediately if possible. Ms. Frey had referred to supposed discrimination against the "Osu"; but such attitudes were old practices that had been abolished. These people were not discriminated against. They had ascended to the highest echelons of Government, among other things. Perhaps there were small problems here and there, but nothing systematic or major. Nigeria had some 250 ethnic groups; many people did not even know of this particular group; she happened to come from the region and could state that the supposed "problem" referred to was not a problem.
ION DIACONU, Chairperson of the Committee on the Elimination of Racial Discrimination, said that a recommendation would be addressed to States parties as well as United Nations bodies. The work of CERD was not redundant with the work of the Sub-Commission. CERD's concern was to put into practice its convention on the question and the concepts included within. CERD aimed to help and assist States in their treatment of discrimination based on descent. The conceptual analysis might be better dealt with by the Sub-Commission, however, the practical level was the main concern of CERD.

PATRICK THORNBERRY, Member and Rapporteur of the Committee on the Elimination of Racial Discrimination (CERD), said the Committee was practice-oriented; generally it focused on recommending to States to report on the incidence of affected population groups and the forms of discrimination against them along the lines of the Convention on the Elimination of All Forms of Racial Discrimination. The structure of any possible general recommendation on descent-based discrimination by CERD would probably reflect its general concerns and work. The Committee would welcome further work by the Sub-Commission; the initial report had fed into the work of CERD and had served to kick-start the debate on the matter. CERD was moving towards a general recommendation on descent-based discrimination that would focus on certain population groups; it would not exhaust the topic. There was a term in the Convention on the subject, and the Committee as a result had taken a fairly consistent line on implementation of the matter as mentioned in the Convention.
Of course, some Governments were making efforts -- enormous efforts -- to address descent-based discrimination. CERD certainly was aware of problems and responses in a number of States. He expected any recommendation coming from the Committee to focus quite strongly on education in order to foster tolerance and reduce discrimination.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, thanked both the Chair and the Rapporteur of CERD for their clarification. He was most satisfied and relieved to hear that the recommendations would be addressed to States. His wish for co-operation would be echoed by the Sub-Commission, he was sure.
IULIA-ANTOANELLA MOTOC, Sub-Commission Expert and Chairperson-Rapporteur of the sessional Working Group on the administration of justice, said the major themes explored by the Working Group had been issues relating to the deprivation of the right to life, with special reference to the death penalty; privatization of prisons; improvement and efficiency of judicial institutions; domestic implementation in practice of the obligation to provide domestic remedies; and transitional justice -- mechanisms of truth and reconciliation.
An interesting discussion had taken place on the question of the death penalty. A number of speakers had argued that the popularization of the death penalty was a threat to international human rights standards, and to how the judicial system could cope with heightened obligations to conduct trials in keeping with the very high standards that should apply in capital cases.
A substantial presentation had been made on the privatization of prisons in the Americas and in Europe. The discussion had expanded to one of the "purpose" of prisons, and it had been said that the purpose was not "economic".
Certain studies should be kept within the ambit of the working party, Ms. Motoc said; these included matters related to reconciling conflicts between domestic and international law. Several colleagues had given interesting examples of how international standards had been incorporated into domestic legal regimes. Impunity had been another interesting matter discussed, in connection with the diversity of truth-and-reconciliation systems. Transitional justice in Eastern Europe was compared with transitional justice in other regions. Discriminatory legislation relating to sexual offenses had been raised, and it had been decided to look into the matter in greater depth next year. Greater involvement of non-governmental organizations, and greater involvement of academia, had been called for in future Working Group sessions.
EL HADJI GUISSE, Sub-Commission Expert, said he was a member of the Working Group and had enjoyed the debate on the abolition of the death penalty even though the abolition of the death penalty was somewhat stagnant. In this context, he congratulated the Government of Turkey for abolishing the death penalty. Mr. Guisse also thanked Ms. Motoc for her excellent chairmanship.
ABDALLA SHARAFEDDIN, of the International Organization for the Elimination of All Forms of Racial Discrimination, said that following the vote of the Swiss people to join the United Nations, it was to be hoped that the UN would transfer its headquarters from New York to Geneva. Since the founding of the UN, American policy had shifted 180 degrees, as was evident in the racist and strange decisions and policies of the United States which had shocked everyone by their arrogance and deliberate ruthlessness, and which had affected many situations. The United States continued to stoop still lower, and to pull the whole world down with it.
It was sad to see the United States and Israel taking the same regrettable position of withdrawing from the World Conference against Racism. The withdrawal of the United States from the Quito Treaty had been another unfortunate act, and its freezing of the START Treaty was a major setback to the effort to control the nuclear-arms race. Worst of all was the refusal of the United States to support the International War Crimes Tribunal to try war criminals. Under the circumstances, how could the UN perform its duties and take balanced and impartial decisions if its headquarters and main offices were surrounded with all these pressures and obstacles?
MAGGIE BOWDEN, of Liberation, said the prevention of discrimination against minorities and the strengthening of national capacity for their protection had been on the agenda of the international community for nearly a century now. Sadly progress in this area was very slow and incremental at best. The situation of minorities was still of grave concern and minority groups of peoples throughout the world suffered the full range of human rights abuses and were often the victims of widespread violence and conflict. The Organization drew the attention of the Sub-Commission to the ample human rights abuses in the Moluccas; the safety of minority groups in Bangladesh; the situation of the Kurds in Turkey; the predicament of non-citizens in Japan; and socially and economically marginalised sections of society in India such as Dalits, adivasis or tribal people and religious minorities.
Relations between groups must be considered a great potential for pluralistic cohesion and harmony rather than factors which divided and alienated, leading to tensions and conflict. Tolerance, understanding and above all the respect of the rights of persons belonging to minorities were crucial in ensuring co-existence, harmony and peace both within the State and beyond. The international community had given strong evidence of the need to preserve the identity of minorities and to protect and promote their rights. Liberation urged the Sub-Commission to provide meaningful ways in which these rights could be realized and upheld.
LOUBNA FREIH, of Human Rights Watch, said caste-based discrimination often was hidden -- masked by overlapping conditions of poverty, landlessness, and illiteracy. Given its absence of distinguishing physical characteristics, many outsiders assumed that poverty and socio-economic disparities were the main cause of the problem. In effect, caste was a characteristic imposed on a person at birth, irrespective of faith. It was then used to justify a life-long system that limited members of the lower castes to engaging in the most menial and hazardous forms of work and trapped them in the lowest rank of society. Such patterns of exclusion and oppression were repeated and shared in caste systems throughout the world, and in many cases they co-existed with democratic structures. In countries such as Nigeria, Governments had enacted progressive legislation to combat abuses against lower-caste communities, but despite the formal protections of the law, discriminatory treatment remained endemic.
To eradicate it, it would be necessary to use every appropriate forum, and to press Governments to institute more meaningful reform. The Sub-Commission was urged to call for Governments to establish programmes and timetables. Further steps should be taken to protect lower-caste women which specifically addressed their situations. And issues of caste should be fully integrated into broader measures to end violence and discrimination against women.
MARIE SABINE LEGRAND, of the Fraternite Notre Dame, said that it was necessary to put all human rights into action. Human rights were sometimes abused when some groups were rejected by society. Today, there were several victims of religious, cultural and social discrimination. Women, the poor, and the youth were victims of discrimination. Sometimes discrimination existed as a result of the lack of education and poverty. Fraternite Notre Dame tended to the excluded through their soup-kitchen. However, discrimination was not only linked to poverty. Religious discrimination was also widespread. One could not discriminate against organizations just because they espoused religious values. Why, in countries where religious beliefs had been almost totally rejected, was there a tendency to want to prevent people from expressing their religious beliefs. Why insinuate or make fun of religious people, she asked.
The youth of today was brought up with few or no religious values. Religious people had become marginalised and discriminated against. It would be impossible to claim that religious people benefited from all their human rights. Even if Fraternite Notre Dame held their own religious beliefs there was a total respect for other peoples' or groups' religious convictions. All forms of segregation needed to be fought and replaced with acceptance, tolerance, and dialogue.
PELPINA SAHUREKA, of the International Association of Democratic Lawyers, said the Moluccan people of AlifUru descent were having their very existence threatened by Indonesian military forces and their jihad mercenaries. Repeated appeals to the United Nations and to the world community for help had gone unanswered. It also was necessary to report the forced Islamisation in 2001 of the indigenous people of the islands of Kasuy and Teor; they had undergone forced circumcision, female genital mutilation, forced marriages, kidnapping of boys, and deportation from their ancestral grounds. Although many international laws and covenants protected the rights and lives of indigenous peoples, in practice Moluccans had nowhere to turn for help or protection; their only option was to flee into the mountains and jungles.
Indonesian forces enjoyed impunity for their countless human rights violations and atrocities. The islanders of Ceram, Haruku and Saparua had been punished severely simply because they hoisted the Moluccan national flag on 25 April, the Moluccan national independence day. These war crimes and crimes against humanity must be looked into and stopped. The Sub-Commission should send an international investigation team or a fact-finding mission to the Moluccas.
MARINA SZIKORA, of the Transnational Radical Party, said since last summer the situation of the indigenous Montagnards in Viet Nam's Central Highlands had not changed. In fact, the authorities of Hanoi had sent an increasing number of troops and security forces into the central highlands. Cambodia and Viet Nam had deployed their troops and security forces to patrol and secure the border they shared. The organization feared that the lives of hundreds, if not thousands, of Montagnards trying to cross that border to escape a real persecution might have been put at risk of mistreatments if not death. There were reports that the Vietnamese authorities had arrested, tortured and imprisoned anyone suspected of carrying telephones in order to prevent them from sending the information out of the country. The organization was very concerned at the lack of access to the region, and was worried that the tacit approval by the international community of the seclusion of the Central Highlands by Cambodia and Viet Nam might send the wrong message to those Governments vis-a-vis the respect of indigenous and fundamental human rights.
The Transnational Radical Party urged the Sub-Commission to call on the Governments of Cambodia and Viet Nam to re-open their border in compliance with the 1951 Convention on Refugees, and to allow UNHCR personnel, independent human rights observers, humanitarian organizations as well as independent journalists to visit the Central Highlands in order to monitor and report transparently on the situation of the Montagnard people.
KAREN PARKER, of International Educational Development, said the Moluccan people, who were distinct in language, ethnicity and culture from the nearby Javanese, had decided in 1950 under the de-colonization plan established for the Netherlands East Indies, to "opt out", or decline to join the newly created Indonesia. But Javanese forces invaded, took over the islands, and assassinated Moluccan leaders and severely oppressed the Moluccan people. Matters had deteriorated further several years ago with the entry of the Laskar Jihad, which proclaimed itself fiercely against the largely Christian Molucca peoples. The jihad, believed to be trained and armed by Al Qaeda, attacked Christians and Christian property, hoping to have the island's Muslim people join them, although in fact many Muslims refused to do so. The campaign appeared to be really meant to suppress Moluccan aspirations for their own country.
In Sri Lanka, years of anti-Tamil measures had led to a protracted war, but there were now good prospects for a peace plan and political settlement. Major roads had been re-opened and the resulting freer flow of goods and people was helping to ease tensions. But difficulties continued, and there were calls by some of the most anti-Tamil Sinhala leaders in the south aimed at suppressing Tamil aspirations.
ALGIS TOMAS GENIVSAS, of the International Federation of Free Journalists, said courage was needed by representatives of non-governmental organizations, journalists, and governments at the Sub-Commission to stand up for these voiceless people who could not speak for themselves. Many of these people were victims of populations transfers, and continued to suffer the consequences of this practice which had already been the subject of an in-depth study of the Sub-Commission. In dozens of countries around the world, journalists, editors and publishers were murdered, assaulted, detained and harassed simply for telling the truth. Their publications were censored, fined, suspended and closed down for daring to voice opinions contrary to those of their governments.
The Federation also drew the attention of the Sub-Commission to the UNESCO Universal Declaration on Cultural Diversity as a means of preventing discrimination against minorities. For example the Baltic nations had been subjected to many human rights violations whilst under foreign occupation, yet these multi-ethnic nations had always favoured cultural heritage in all its forms, cooperation and good neighbourly relations with all their neighbours. In contrast, the Lithuanian minority living in the Kaliningrad enclave of the Russian Federation sandwhiched between Lithuania and Poland, was unable to find one school that provided education in their mother tongue. In conclusion, the Federation urged the Sub-Commission to pay particular attention to the painful issues of discrimination against minorities. Even when occupations ceased or seemed to slacken, these endangered peoples must be guaranteed the attention of the international community as a safeguard for their survival.
NIROPMA JAIMIAI, of the International Institute for Non-Aligned Studies, said an effort was needed to chart out principles for a strategy to continue the fight against racism; the failure to complete such an exercise by the World Conference against Racism only reflected the underlying stress in world society that led to these long-standing evils. Racism must be defined as a social value rooted in severe misperceptions about the physical and cultural qualities of given groups. It was found in many societies and countries. The modern State needed to intervene firmly in cases of racism to maintain peace between communities.
When racism became aligned to distinctions of majority and minority and to differences in religions, there was the danger of aggressive and even violent communal politics. Great tragedies could result, such as the events between the Israelis and the Palestinians, between extremist Hindus and Muslims, and between Turks and Kurds. Such "communalism" could only be fought by expanding and deepening democratic politics and secularism and by fostering gender equality, economic parity and political pluralism.
JAIRO SANCHEZ, of the American Association of Jurists, said that the Mapuche-Tehuelche, an indigenous people, had lived freely in an area where they exercised sovereignty, until the armies of Argentina and Chile had attacked them and began the systematic exploitation of their land and their human rights. They re-settled the indigenous people and exploited their lands as as if they were part of the international market. Until today, none of the national legal forums had permitted these people to have access to their ancestoral lands. The Mapuche-Tehuelche had been exploited and their precarious situation had led to them having a subordinate position of power.
Indigenous people tried to resist as transnational bankers, landowners and Government officials continued to exploit their lands. Any law recognized the right of indigenous people to hold land, yet this law had been disrespected and ignored with total impunity, particularly on the part of American transnational corporations. It was indispensible that the indigenous people were given the opportunity to exercise their rights. Yet they continued to be exploited - their cultural identity had turned them into items for sale as folklore. Convention 169 of ILO on the rights of indigenous people needed to be adhered to. Unfortunately, it had been ratified only by a few States. The Sub-Commission must contribute to overcoming the hypocrisy of some States with regard to indigenous rights.
M. KORETH, of the Asian Centre for Organization Research and Development, said minorities had long been exploited and discriminated against, and many had simply been eradicated over the centuries. In law and jurisprudence, even if dispossession of a minority culture -- which could be as important to its members as food and water -- was not sufficiently sanctioned and punished, at least dispossession of land was now recognized as a serious offense. The minimum legal remedies were compensation, restoration and reparation or penalties.
But impunity continued for such offenses around the world, and there were great difficulties in rectifying major past crimes. The established arguments were that "heirs" could not pay for what their "forefathers" did, and that many States had dispossessed native minorities in the past, everyone was doing it, rectifying all those wrongs was impossible, and so no one should be held accountable. The Sub-Commission needed to address these burning issues, which continued to have effects on many minority groups. The principle of "persecutor pays" needed to be established, and relevant law and jurisprudence developed to back up the concept.
PHILIPPE LEBLANC, of Dominicans for Justice and Peace, speaking on behalf of Franciscans International, said in some countries, religious discrimination was found inscribed in laws and imbedded in societal structures. This form of religious intolerance was one of the root causes of a number of conflicts and ongoing violence in the world. Furthermore, it was often a major motivation for attacks by extremists against the minority religion in a region. The absence of political will on the part of some governments to end this discrimination and the lack of prosecution in cases further encouraged groups to victimize individuals and organizations. One example of this discrimination was found in the Pakistani legislation that promoted a culture of intolerance, division and extremism, he said and highlighted the massacre of Christians in Bahawalpur, killings in Islamabad, killings in a Christian school, and the Blasphemy Laws 295 B and 295 C of the Pakistani Penal Code.
The Government of Pakistan was called upon to repeal all discriminatory laws, including the Blasphemy Law; ratify the human rights treaties that it had not yet ratified; invite the Special Rapporteur on freedom of religion to visit Pakistan; and to take even stronger measures to protect the lives, property and respect and honor of minorities.
DAVID LITTMAN, of the World Union for Progressive Judaism, said the World Conference against Racism had been hijacked by dictatorial regimes and a caucus of demagogic NGOs; all attempts to cover up what had happened would not fool future historians. The truth was powerful and would prevail.
The forgotten Jewish refugees from -- and remnant minorities in -- Arab countries merited attention. A written statement giving facts and figures and other substantive information concerning Jews from ten Arab countries, now reduced to remnant communities of under 5,000 persons in all, would be distributed so that all could read it. The dire hardships endured by a great majority of the Jewish refugees from Arab countries had never been considered by the United Nations, nor had the loss of their inestimable property and heritage dating back 3,000 years. The time had come for this great injustice to be examined by the UN and in the context of a just, global solution to the ongoing Middle East tragedy, including all the refugees, both the Arabs from mandated Palestine and the more numerous Jews from Arab countries. There had been millions and millions of refugees during the 20th century, and it was hard to know where one showed concern and applied the "rules"; but it was instructive that only one group of refugees still remained under UN tutelage after three generations: the Palestinian Arabs. This matter was worthy of study by an independent researcher.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, responded to the statement just made by Mr. Littman. Colleagues were well aware that Mr. Alfonso respected the expression of freedom in the room, however the language just heard was extremely insulting, particularly to those having attended the Durban conference. Mr. Littman took the liberty of using this insulting language on behalf of millions of Jews in the world. He surely did not represent Mr. Alfonso Martinez's wife, who was Jewish. On whose behalf was he really speaking? As Sub-Commission Experts had the right to interupt statements, Mr. Alfonso Martinez would reserve the right to do so in the future.
SAYEED MAQBOOL KAZMI, of the Himalayan Research and Cultural Foundation, said the observations of the Working Group on minorities were relevant to the situation in South Asia, where religion was being used to stoke conflict in neighbouring States. The Chairman of the group had rightly drawn attention to the tactics of "conflict entrepreneurs" who exploited differences for their own political ends. States practicing religious and ethnic exclusivity should be discouraged from doing so.
While India's Constitution did much to protect minorities, and minorities there were fully involved in national life, there was an exceptional, and bad, situation in Jammu and Kashmir, where he lived as a practicing Muslim. On 13 July, Islamist terrorists had massacred 38 innocent persons belonging to the minority Hindu community; earlier, on May 14, terrorists had mercilessly killed 34 Hindus near Jammu. These terrorist groups were sponsored by hostile external forces. The Working Group on minorities should take into account the activities of such extremist and terrorist groups.



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