1. Call for repeal of Internal Security Act in Malaysia and for the unconditional release of political detainees;
2. Condemnation of arrest of 1200 political activists in Pakistan;
3. Deploring the harassment of Naser Mohammed, participant at the Asia-Pacific NGO meeting;
4. Condemning the refusal of visas to 2 women from Afghanistan who wanted to attend the AP NGO meeting; (not available now)
5. Call for restoration of democracy in Burma;
6. Resolution on Migrant Workers' Rights;
7. Condemnation of denial of accreditation to 3 NGOs to the World Conference against Racism;
8. Call for Justice for Govinda, presently under death sentence in Japan;
9. Protest against 'One Nation, One People' policy in Bhutan
10. Call to World Conference against Racism to address caste-based discrimination;

Resolution on the ISA (Internal Security Act)

On the eve of Asia Pacific NGO Networking Meeting of the WCAR, the Malaysian Government had arrested yet another political leader and activists under the Internal Security Act (ISA). They are:

1. Tian Chua, Parti Keadilan Nasional, Vice-President;
2. Mohamad Ezam Mohd. Nor, Keadilan Youth President;
3. N. Gobala Krishnan, Keadilan Youth Secretary General
4. Saari Sungib, 'People's Memorandum' organising committee Chairperson;
5. Hishamuddin Rais, media columnist and social activist;
6. Raja Petra Kamaruddin, the international Free Anwar Campaign director;
7. Abdul Ghani Harun, Keadilan Youth central committee member;
8. Haji Saari Sungib, Organising Chairperson of the April 14th People Memorandum Rally;
9. Dr. Badrul Amin Baharom, National Youth Exco of National Justice Party;
10. Lokman Nor Adam, Executive Secretary of Youth Wing, National Justice Party;
11. Syed Mokhtar A-Hadad, Shia Muslim;
12. Syed Hassan Alattas, Shia Muslim;
13. Mustapha Sahar, Shia Muslim;
14. Norman Batcha, Shia Muslim;
15. Zainal Talib, Shia Muslim;
16. Ahmadi Asab, Shia Muslim;

The ISA is a law which provides for arbitrary and indefinite detention without trial. It is also used to suppress alternative politics in Malaysia that promotes greater ethnic and racial unity. There is genuine concern among the Malaysians that the misapplication of affirmative action programmes has led to the usurpation of the interests of the majority by an elite which manipulates communal sentiments for its own survival. This has resulted in the oppression of the people's struggles for genuine multi-racial unity. Champions of multi-racial politics are among those who have been detained under the ISA. Our future in this country will not undergo significant changes unless multi-racial voices are heard without fear of the oppressive ISA hanging over us.

We, the Asian Pacific NGOs in Kathmandu urge the Malaysian Government for the immediate unconditional release of all detained under the ISA.

We condemn the arbitrary detention and harassment of the detained in the custody of the law enforcement agencies and in the detention camps of Malaysia and urge the Government of Malaysia to respect their human rights and dignity.

We also urge the Government of Malaysia to repeal all national security laws and ensure the security of the people.

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Condemnation of arrest of 1200 political activists in Pakistan

We the participants at the Asia-Pacific NGO Coordinating meeting being held in Kathmandu, Nepal, from April 26 to 29, 2001, in preparation for the UN World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa in September 2001, condemn the Pakistani military government for the political crackdown and pre-emptive arrest of more than 1200 Pakistani political activists on April 27, 2001 in an attempt to prevent their participation in the May Day rally which commemorates the democratic struggle of the working class. We call for the release of these political detainees and for the restoration of democracy, peace and justice in Pakistan.

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Deploring the harassment of Naser Mohammed, participant at the Asia-Pacific NGO meeting

We the participants at the Asia-Pacific NGO Coordinating meeting being held in Kathmandu, Nepal, from April 26 to 29, 2001, in preparation for the UN World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa in September 2001, deplore the actions of His Majesty's Government of Nepal in harassing Naser Mohamed, representative of the Arab Solidarity Front at the above meeting. Since his arrival from Geneva, despite his traveling on an internationally recognised travel document, the authorities have taken possession of his travel papers and forced Mr. Mohammed to run from pillar to post in order to get these documents back.

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Call for restoration of democracy in Burma

We the participants at the Asia-Pacific NGO Coordinating meeting being held in Kathmandu, Nepal, from April 26 to 29, 2001, in preparation for the UN World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban, South Africa in September 2001, demand that the State Peace and Development Council in Burma call an immediate halt to state violence and engage in meaningful tripartite dialogue to bring about peace and a restoration of democracy in Burma.

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Resolution on Migrant Workers' Rights

We, the Asia Pacific NGOs in Kathmandu urge the governments of Nepal, Indonesia Bangladesh, India and Thailand to immediately ratify the United Nations Convention on the Protection of All Migrant Workers and Members of Their Families as it particularly affords protection for the rights of their people as migrant workers. The Convention is currently ratified by 16 countries and requires four further ratifications before it can come into force.

The five countries, that have vested interests as sending countries, must recognize that migrant workers play a critical role in the national economy.

The Convention is a reiteration of the basic rights that are enshrined in the Universal Declaration of Human Rights. It is a critical tool for combating racial discrimination against migrant workers.

Migrant workers are frequently treated as second class citizens in their countries of destination. Racist and discriminatory laws and policies of sending and receiving countries result in the exploitation of migrant workers - both documented and undocumented. Migrants are discriminated in terms of wages, job security, working conditions, their right to unionise and access to labour and social welfare services. They are also subjected to physical and sexual abuse and do not enjoy equality of treatment, nor access to the law. Their work opportunities are largely limited to low-status jobs, where their right to work, mobility, health, reproductive rights, acquire, change or retain their nationality and other basic rights are violated. These circumstances result in the migrant and his/her family to being more vulnerable to racial, gender, class, caste-based and religious discrimination and exploitation.

We, therefore, strongly urge the above five governments to ratify the UN Migrants' Convention that will help to establish a social and legal system that provides migrant workers the dignity, rights and entitlements that are due to them.

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Condemnation of denial of accreditation to 3 NGOs to the World Conference against Racism

Petition of the WCAR Asia-Pacific NGO Networking Meeting to the WCAR
Preparatory Committee
Kathmandu, Nepal, April 27-29, 2001

The Non-Governmental Organizations (NGO) attending the Asia-Pacific Network Meeting in Kathmandu, Nepal, in connection with the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, declare our support to three NGOs working on Asia whose requests for accreditation to the Conference have been blocked.

Human Rights in China, the International Campaign for Tibet and the Tibetan Centre for Human Rights and Democracy each filed application for participation in the World Conference Against Racism in accordance with established procedures for NGOs not in consultative status. The Conference Secretariat subsequently accepted their applications. However, when the applications were circulated to member states, the Government of China opposed them. The Bureau decided to submit the question of the accreditation of these NGOs to the Preparatory Committee which will meet for its second session from 21 May-5 June 2001.

We believe that the review of these applications by the Bureau of the Conference did not meet expected standards of objectivity. This is evidenced by the comments of the Chinese Government, which contended that these organization were "engaged in subversive activities against China" or in "activities of splitting China." The Chinese Government has failed to present any evidence to sustain this allegation.

An of these NGOs enjoy a reputation of seriousness and professionalism within the international NGO community. We strongly believe that all their activities are in accordance with the fundamental human rights principles put forward by the United Nations, including in the UN Charter and the Universal Declaration on Human Rights. Their work has made an invaluable contribution to a better understanding of the human rights situation in the People's Republic of China and Tibet, including the situations leading to various forms of racism, xenophobia and related intolerance. From a procedural standpoint as well as from a substantive aspect, their application are strong ones. Therefore, we believe that Human Rights in China, International Campaign for Tibet and the Tibetan Centre for Human Rights and Democracy should be granted accreditation.

As a matter of principle, objective consideration should be given to every application before any decision is made. Accordingly, we request that the Second Preparatory Committee invite representatives of these three NGOs to present their organizations and their work, as a way to reply to the Chinese Government's unsubstantiated allegations. We urge all governments to consider their applications on their merits, and to vote in favor of granting them accreditation to the World Conference Against Racism.

Discriminating against NGOs solely because they monitor and document the human rights situation of one particular member state sharply contradicts the spirit of the upcoming Conference. If all member states opposed NGOs that examine their own human rights situations and make constructive proposals on how abuses can be redressed, few NGOs indeed would attend the Conference. As a result, the extensive human rights violations occurring worldwide, including various forms of discriminatory practices, would fail to be addressed.

We call on all concerned to this issue your utmost attention.

Note on the three NGOs:

Human Rights in China - Human Rights in China is headquartered in the United States, with an office in the Hong Kong Special Administrative Region of China and a representative in France. Established in 1989 by Chinese scholars, it aims at monitoring and promoting human rights in the People's Republic of China. Its activities are strictly based on the rights enshrined in the International Bill of Human Rights and in the Vienna Declaration. Its research and education projects are targeted at promoting and protecting universally guaranteed human rights. HRIC conducts systematic research and analysis of social and economic conditions in China with a human rights perspective, focusing on groups that suffer discrimination and have been negatively affected by economic reform, including women and migrants.

International Campaign for Tibet - Established in 1988, the International Campaign for Tibet (ICT) monitors and promotes internationally recognized human rights and democratic freedoms in Tibet. ICT is a 501 (c) (3) non-profit, tax-exempt organization incorporated in Washington, DC.

Tibetan Centre for Human Rights and Democracy (TCHRD) - Tibetan Centre for Human Rights and Democracy is the first Tibetan non-governmental organization to be formed with the mission "to highlight the human rights situation in Tibet and to promote principles of democracy in Tibetan community". TCHRD is independent of the Tibetan Government in Exile, and is based in Dharamsala, India. It is funded by donations from individual supporters and foundations around the world. It was founded in January 1996 and was registered as an NGO on 4 May 1996. In addition. a branch office has been set up in Kathmandu, Nepal. TCHRD objectives are to protect and promote human rights of Tibetan people and to build a society based on the principles of human rights and democracy. TCHRD organizes various education programs like workshops and seminars in an effort to empower the Tibetan Community to play an important participatory and vigilant role in a democratic future Tibet.

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Resolution to Support the Campaign for Justice for Govinda

Govinda Prasad Mainali is a Nepalese migrant worker in Japan. He was arrested in March 1997 for murder charges and acquitted by the Tokyo District Court in April 2000. He should have been released immediately by the prosecutors requested the Tokyo high Court to keep him in detention as they appealed the acquittal. In December 2000, the Tokyo High Court reversed the District Court decision and sentenced Mr. Mainali to life imprisonment.

Whereas Japanese authorities violated the guidelines and procedures as stipulated in the Japanese Criminal Procedure Code in the conduct of the investigation leading up to the conviction by the High Court in terms of presenting evidence and witnesses, prolonged and continued detention without just causes;

Whereas Mr. Mainali was denied the full exercise of his right to counsel when the Court denied his right to present counter-evidence to prove his innocence;

Whereas the Immigration Bureau acted in connivance with the High Court by delaying the deport ion of Mr. Mainali after his initial acquittal;

Whereas the Tokyo Police, Prosecutor, the Court and the Immigration Bureau took advantage of Mr. Mainali's vulnerable situation as an undocumented overstaying migrant worker to deny him full access to legal and judicial redress in Japan;

Whereas the trial and outcome of Mr. Mainali's case reflects the discrimination against migrant workers in simple labor work in Japan who, despite their valuable contributions to the economy, are denied the recognition and visa to stay in the country. Asian migrant workers, particularly undocumented ones, are perceived as a threat to social order, used as scapegoats for increasing social problems;

Whereas a grave miscarriage of justice has been committed against Mr. Mainali;

Therefore, be it hereby resolved that this forum extends its full support to the campaign of the Justice for Govinda - Innocence Advocacy Group in Japan to demand from the Supreme Court a fair trial and acquit Mr. Mainali.

Be it hereby resolved as well that this concern be brought to the attention of the Japanese government for immediate and just resolution.

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We the participants of the Asia Pacific Networking Meeting held in Kathmandu between April 27-29, 2001 aware that the Royal Government of Bhutan

i. Implementing various racially discriminatory policies has rendered more than one sixth of its population as refugees;

ii. Implementing its racist "One Nation One People's Policy" of 1990 has infringed upon the cultural expression of the Nepali speaking Lhotsampa population in the south

iii. Through its census policy of 1988 has revoked the right to citizenship of tens of thousands of southern Bhutanese citizens and forced them out of the country and who now live as refugees in the UNHCR camps in Nepal and outside the refugee camps in Nepal and India;

iv. Has suppressed the religious freedom and other forms of discrimination against the Sarchhops or the eastern Bhutanese people;

v. Has been implementing its scheme of resettlement of northern Bhutanese people on lands belonging to the refugees and that it deprives these people, upon repatriation, the right to restitution of their ancestral/original landed and other property;

vi. Has been holding bilateral negotiations with His Majesty's Government of Nepal and undertaking the joint verification of Bhutanese refugees but which remains far less effective than anticipated and does not address the very fundamental issues of racial discrimination which made them refugees in the first place;

vii. Continues the practice of racial discrimination in employment, provision of social welfare facilities like education and health and on religious freedom;

viii. Has suppressed people's struggle against racist and undemocratic system;

Urges the Royal Government of Bhutan:

1. to stop the implementation of its "One Nation One People Policy" and allow freedom to various ethnic groups to practice their own religion, culture and language and tradition,

2. to modify its retroactive and racially discriminative 1985 Citizenship Act such that no Bhutanese citizens who were legal Bhutanese citizens prior to its implementation are not deprived of their right to citizenship,

3. to stop religious and other discriminatory practices against the Sarchhops and other minorities in its territory,

4. to forthwith stop resettlement of northern Bhutanese people on lands belonging to refugees and relocate the new settlers,

5. to intensify the process of verification and facilitate an early repatriation of all the Bhutanese refugees to their original homes and hearth,

6. stop discriminatory practices in the form of forced retirement of Lhotsampa and Sarchhops civil servants, denial of opportunities to marginalised groups and restore social welfare facilities like education, health etc.,

7. Release all political prisoners who are being incarcerated for having opposed the racist policies.

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To
Dr. Kofi Annan
Secretary General
United Nations

Ms. Mary Robinson
High Commissioner for Human Rights
Geneva

Sub: To address Caste-based Discrimination in the UN World Conference Against Racism.

Dear Sir/Madam,

The Asia Pacific NGO Network and the International Dalit Solidarity Network along with various Human Rights NGOs in Bangladesh, India, Japan, Nepal, Pakistan and Sri Lanka have been addressing the issue of caste-based discrimination against Dalits and Burakumin both within the respective nations. We have also made submissions at the various preparatory processes of the United Nations World Conference Against Racism.

Caste is descent-based and hereditary in nature, determined by one's birth into a particular caste. Caste and (descent-based discrimination affects nearly 240 million people in the Asia Pacific region, for example Dalits in India and Nepal and Burakamin in Japan, irrespective of the faith that they practice.

"Untouchability" (the subjugation and denial of the basic human rights of people labeled as "impure", a practice sanctified by religious tradition) is the most insidious manifestation of caste-based discrimination in the Asia-Pacific region, specifically in India, Sri Lanka, Bangladesh, Pakistan and Nepal. Caste-based discrimination de facto denies access to public services including water, education, health, land, employment, social services and other resources normally available to citizens of a country as a right. We assert that Untouchability is a Crime against Humanity.

The apartheid nature of caste discrimination manifests itself in the segregated housing settlements and cemeteries, access to common drinking water, restaurants, temples, tea stalls ('two-cup system'), restrictions on marriage and other insidious measures designed to prevent social interaction and mobility.

Any attempt to assert or struggle for these rights is met with extreme violence and heinous crimes such as burning of homes, destruction of the standing crops, striping and parading, social boycott, rape and murder. The perpetrators of these crimes invariably enjoy police patronage, while the victims are often met with false implication and followed by regular conviction.

Despite the fact that some Governments have undertaken the Constitutional, Legislative and Policy initiatives, and also setting up of special high level standing Commissions to combat the discrimination based on caste and race, due to lack of Political and Administrative will and entrenched casteism, these efforts have been seriously inadequate to enable social and economic mobility of these oppressed communities.

Even though the States have enacted laws to protect the rights of these marginalized communities, it is the States themselves who often violate these laws.

Caste as a basis for the segregation and oppression of peoples in terms of their descent and occupation is a form of apartheid and a distinct form of racism affecting the victims equally irrespective of religion. Casteism pre-dates racism and is the Asian equivalent of the European concept of the Racism.

Caste-based practices - distinction, exclusion and restrictions on social and occupational mobility - lead to a negation of humanity and the inability to exercise all human rights.

In its Concluding Observations on the Government of India's 1996 State Report, CERD opposed the Indian Government's position, stating that though caste may not be equivalent to race, caste, nevertheless, fell within its purview under Article 1 of the Convention.

The Committee states that the term 'descent' mentioned in Article 1 of the Convention does not solely refer to race. The Committee affirms that the situation of the scheduled castes *1, and scheduled tribes falls within the scope of the Convention.

The CERD Committee also explicitly expressed its concern at the ineffectiveness of existing national legislations intended to prevent discrimination against the Scheduled Castes and Scheduled Tribes.

"It is noted that although Constitutional provisions and Legal texts exist to abolish untouchability and to protect the members of the Scheduled Castes and Tribes, and although social and educational policies have been adopted to improve the situation of members Scheduled Castes and Tribes and to protect them from abuses, widespread discrimination against them and the relative impunity of those who abuse them point to the limited effect of these measures. The Committee is particularly concerned at reports that people belonging to the scheduled castes and tribes are often prevented from using public wells or from entering cafes or restaurants and that their children are sometimes separated from other children in school, in violation of Article 5 (f) of the Convention."

The Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR) in 1997 also made similar observations regarding the situation of the Dalits (Scheduled Castes) and noted serious shortcomings in the performance of the Government to guarantee basic human rights to Dalits. *2

A similar observation is made by the CEDAW *3 Committee as well as the Special Rapportuer *4 against Racism, Racial discrimination, Xenophobia and other forms of intolerance.

Lastly, the 52nd United Nations Sub-Commission on Human Rights, given their concerns over caste-based discrimination, passed a unanimous resolution calling for a working paper on occupation- and descent-based discrimination *5.

In the preparatory process for the WCAR, the proceedings of the Bellagio consultation, the European NGO preparatory meeting, and the Asian and African expert meetings have all recommended that the problem of caste discrimination be addressed in the WCAR.

The Asia-Pacific NGO Declaration in Tehran has pressed for inclusion of caste-based discrimination in the agenda of the WCAR and in the Declaration and programme of Action.

We are very encouraged to observe concerns expressed in the WCAR Declaration and the Programme of Action, regarding the Roma community and the resolve to address their issues. However we are very much perturbed to find that no mention of the Caste discrimination or any programme to directly address their issues is attempted.

In light of the observations made by the various monitoring bodies (CERD, HRC, CEDAW and the SR on Racism) and taking note of the various declarations cited above, also in view of the commitment undertaken in the ensuing World Conference Against Racism to address the issues of the current victims of racism, we strongly seek support from your good offices to prevail upon the concerned States and the preparatory process for the WCAR to address the issue of Caste based discrimination in the agenda of the WCAR and to arrive at a time bound programme of action.

Thanking you for the support

On Behalf of the Asia/Pacific NGO Network for the UN WCAR

Note

*1 The word Scheduled Castes is synonymously used with the word Dalits.
*2 Consideration of Report by India to the Human Rights Committee, (CCPR/C/79/Add.81), August 4, 1997.
*3 [CEDAW/C/2000/CRP.3/Add, dt.31.4.2000]
*4 (E/CN.4/1998/79, paras. 53, 57-59)
*5 Resolution of the UN Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, 52nd Session, 9 August 2000 (E/CN/sub 2/2000/L 14)

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