rights of minorities
A guide for human rights activists and civil society organizations
The perception of minority towards Somaliland.The minority tribes have played a vital role in Somalia.
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African nations are seeking to suspend the work of the first UN independent expert charged with investigating violence and discrimination based on sexual orientation and gender identity.
Botswana’s ambassador to the UN, Charles Ntwaagae, said on Friday that African nations want the general assembly to delay consideration of a Human Rights Council resolution adopted on 30 June that authorised the appointment of an expert to monitor LGBT rights to discuss “the legality of the creation of this mandate”.
The assembly is expected to vote on the African resolution on Tuesday.
The Human Rights Council resolution establishing the LGBT expert was adopted by a vote of 23-18 with six abstentions, reflecting the deep divisions internationally on gay rights.
The UN has worked to improve the rights of the LGBT community in recent years but has repeatedly run into opposition from some member states, especially from countries in the Middle East and Africa as well as China and Russia. According to a UN human rights report last year, at least 76 countries retain laws used to criminalise and harass people on the basis of their sexual orientation and gender identity or expression, including laws criminalising consensual same-sex relationships among adults.
Ntwaagae said African nations “are alarmed” that the Human Rights Council is delving into national matters and attempting to focus on people “on the grounds of their sexual interests and behaviours, while ignoring that intolerance and discrimination regrettably exist in various parts of the world, be it on the basis of colour, race, sex or religion, to mention only a few”.
African nations are also concerned that sexual orientation and gender identity are being given attention “to the detriment of issues of paramount importance such as the right to development and the racism agenda”, he said.
Ntwaagae said African countries want to stress that sexual orientation and gender identity “are not and should not be linked to existing international human rights instruments”.
Muntarbhorn, a law professor who has been on the council’s Commission of Inquiry on Syria and previously served as UN special investigator on North Korea and on child prostitution and child pornography, was given a wide mandate by the Human Rights Council for three years.
It includes looking at ways to overcome violence and discrimination against people on the basis of sexual orientation or gender identity, addressing the root causes, and working with states to protect lesbian, gay, bisexual and transgender people.
The US deputy ambassador, Sarah Mendelson, expressed concern at the African resolution, telling the assembly that the Human Rights Council has approved numerous resolutions on people experiencing violence and discrimination, including those belonging to minority groups.
Mendelson said the African measure would have the general assembly reopen a Human Rights Council mandate for the first time and could undermine the council’s ability to function.
She urged the assembly to support an amendment expected to be introduced by Latin American and Caribbean nations that would remove the African call to delay the Human Rights Council resolution and suspend Muntarbhorn.
Francesca Cardona, speaking on behalf of the European Union, stressed that countries must “protect the human rights of all individuals without distinction of any kind”.
She said any attempt to call into question the legitimacy of the council resolution establishing the independent expert to protect against violence and discrimination based on sexual orientation and gender identity “has no legal foundation”.
LGBT rights programme manager at the International Service of Human Rights (ISHR), Pooja Patel, said: “This move is harmful to non-violence and anti-discrimination efforts in relation to lesbian, gay, bisexual and trans people around the world. It will also entrench an ugly precedent whereby the [social, humanitarian and cultural] committee could effectively reverse any decision by the Human Rights Council, completely undermining its integrity and independence.”
The co-director of ISHR’s New York office, Eleanor Openshaw, said there were no grounds on which to question the legality of the expert’s mandate. “The legal validity of this expert position is rooted in principles of non-discrimination and universality of human rights as enshrined in the Universal Declaration on Human Rights. It is very much in line with the council’s responsibility and obligation, as articulated in its founding documents, to promote the universal protection of all human rights and fundamental freedoms for all.”
Story & image from: the guardian.com
Yet another minority rights day passed on December 18 and minorities still continue to suffer from discrimination and exclusion. They are even subjected to genocidal attacks in this modern age. TheState of the World’s Minorities and Indigenous Peoples– 2016 published by the Minority Rights Group International, a London based international human rights organization asserts that “the unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat”. They continue to face barriers in the enjoyment of their cultural right and freedoms. Tragically their ability to maintain distinct identity continues to wane throughout the world. They are among the most disadvantaged, marginalised and vulnerable groups in the society in almost all parts of the world.
The continued infringement of the rights of minorities in South Asia is a matter of particular concern. The neglect and indifference of the most states towards their minorities is common to most states of the region. Despite constitutional guarantee of life and security to all there is a significant surge in violence against minorities in the sub-continent by both state and private actors as highlighted by the South Asia Collective in its first South Asia State of Minorities Report 2016. The Minority Rights Group in its annual Peoples under Threat Index of 2016 also lists two South Asian countries – Afghanistan and Pakistan – where minorities have serious threat, and Sri Lanka as posing a middle level threat.
There has been considerable rise in the violence against religious minorities in India since 2014 as reported by the national Crimes Records Bureau. A recent civil society report ‘365 Days – Democracy and Secularism Under the Modi Regime’ by ANHAD has documented about 600 cases of violence targeting Muslims and Christians. The violence against Muslims in the name of cow protection by vigilantes finds special mention in the annual report of the US State Department on International Religious Freedom. Expressing serious concerns over these incidents 34 US Congressmen even wrote to the Prime Minister asking immediate steps to curb such violence and bring the perpetrators to justice.
The protection of minority rights is long recognised not as a mere moral imperative rather a human rights obligation, a hallmark of a democracy, an effective instrument to prevent tensions and conflicts and also equally valuable in building politically and socially stable societies. The protection of minorities has been one of the oldest concerns of international law beginning almost a century earlier with the adoption of numerous peace treaties between 1919 and 1924 placing minority protection under the domain of the League of Nations and gradually developed under the United Nations with insertion of a provision in the 1966 International Covenant on Civil and Political Rights and finally adoption of the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities on 18 December 1992. At regional level especially in Europe the adoption of 1994 Framework Convention for the Protection of National Minorities is of seminal importance in the evolution of the international protection of minority rights.
This process of recognizing the rights of minorities also generated significant developments at the national level with incorporation of a number of safeguards aimed at protecting minorities in the constitutions of various countries across the world. The issue of the protection of minorities also figured prominently at the time of the drafting of the constitution of India. The framers of our constitution tried their best to assuage the fear which had gripped the minorities following partition by declaring India a secular state and providing them with special constitutional safeguards to instill a sense of confidence and security in them. The Objective Resolution moved by Jawaharlal Nehru on December 13, 1946 highlighting the aims and philosophy of the constitution clearly stated that “adequate safeguards shall be provided for minorities”. While moving the resolution setting up the Advisory Committee Govind Ballabh Pant stated that “A satisfactory solution of the question pertaining to minorities will ensure the health, vitality and strength of free state of India”. He emphatically said that “Unless the minorities are fully satisfied, we cannot make progress; we cannot even make peace in an undisturbed manner.”
Notwithstanding Jawaharlal Nehru’s apt advice way back in 1930 that “there can be no stable equilibrium in any country so long as an attempt is made to crush a minority or force it to conform to the ways of the majority” minorities continue to face tremendous challenges in maintaining their distinct identity. Though most states guarantee religious freedom to their citizens and minorities, the overall trend in the sub-continent is that of intolerance towards minority identity, culture and religion. The new socio-political climate in India especially after coming into power of the BJP led NDA Government seems to be quite inimical to the interests of the religious minorities. What worries them the most is the idea of “majoritarian nationalism” being propagated by the Hindutva brigade and onslaught on our liberal plural values and cultural ethos? The appalling silence of the Prime Minister and his failure to chastise the brigade he commands which is continuously indulged in fanning the flames of animosity and hate against minorities, is also disturbing.
The famous English historian Lord Acton once aptly remarked that “The most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities”. Mahatma Gandhi was of the view that the claim of a country to civilization depends upon the treatment it extends to the minorities. Do most of our countries qualify the test laid down by Lord Acton or Mahatma Gandhi?
The writer is a Professor of Political Science and teaches Human Rights at Aligarh Muslim University, Aligarh
Image & story from: countercurrents.org
Image from: lctmag.com
Article lifted from: thedailystar.net
Chinese are a minority in South Africa
Carrying placards in both Chinese and English‚ some of the marchers walked from the site of the murder and rape on St Frusquin Street to the police station.
The memorandum that was handed to the station commander called for the swift arrest of the criminals involved.
The community also announced a reward of R100000 for information that might lead to the arrest of the killers.
Speaking outside the police station‚ the chairman of the Chinese CPF‚ Ng Sui Hong‚ said that this year 17 Chinese had been murdered.
“The Chinese are investing billions in South Africa‚ if it carries on like this‚ it will destabilise the economy‚” said Hong.
In the last 10 years‚ 300 Chinese had lost their lives in Gauteng and the Western Cape‚ he added.
“But this crime is the needle that has broken the camel’s back‚” he said.
One of the marchers‚ Malvern resident Connie Welcome‚ said that over the last four months violent crime had increased in her suburb. There had been hijackings‚ house robberies and stabbings in the street.
Police have yet to make an arrest.
– TMG Digital/The Times
As mental illness remains shrouded in stigma, real questions remain about where South Africa is in the fight for better mental health .
In some corners of South Africa, those living with mental disorders are still tied to trees and denied food by the very people meant to protect them – their families.
Charlene Sunkel was 19 years old when she was first diagnosed with schizophrenia but says it took her nine years before she got the right medication. Before she found medication that worked for her, Sunkel said she suffered adverse side effects and was admitted to hospital. She says being admitted to hospital was a wake up call.
Now, Sunkel has devoted her life to advocating for people living with mental disorders. As the advocacy and development programme manager for the South Africa Federation for Mental Health, Sunkel recently conducted community workshops in the Northern Cape to educate patients and families.
Community health workers based at the Lehnoloholo Adams Clinic in Douglas, Northern Cape have said that many families in the rural areas in which they work continue to mistakenly believe mental illness is a curse.
In a small study conducted among about 80 people living with mental illness in the the North West, the international academic consortium Programme for Improving Mental Health Care (PRIME) found that patients reported being denied food, tied to trees and being forced to work without pay because of their mental illness by family and community members.
But families have a crucial role to play in supporting those living with mental health issues, cautions Sunkel who added that not only support but living a healthy lifestyle have helped her adhere to her daily treatment.
Sunkel is also part of the recently created Rural Mental Health Campaign, which released a reportin October detailing the challenges rural mental health patients face, including stigma.
“I feel ashamed of my diagnosis and the severity of it,” said a North West patient named Jill who asked not to be identified in the report. “People see mentally ill people as being mad and (as people who) should be locked away in an institution”.
According to Sunkel, stigma remains a leading barrier to care.
“Statistics indicates that 75 percent of people who experience symptoms of mental disorders do not access mental health care services,” she wrote in a commentary for the report. “This is not necessarily because services are not available… people avoid seeking help because they fear being stigmatised and being discriminated against.”
No one knows how many South Africans are living with a mental disorders but the county’s only nationally representative survey completed on 2004 on found that about 17 percent of those surveyed had experienced a mood, anxiety or substance use disorder in the previous year.
In 2013, South Africa adopted its first officially endorsed national policy for mental health. Attending the South African Federation for Mental Health’s recent workshop in Douglas, National Department of Health Deputy Director for Mental Health and Substance Abuse Dudu Shiba said she welcomed similar initiatives that not only empowered people living with mental illness but also educated people on the national policy.
However at a recent Johannesburg meeting of the Campaign, Sunkel noted that two years since the national policy was adopted, little is publicly known about what has been done to implement it in provinces around the country.
“There’s inconsistencies across provinces in how they are monitoring the implementation of the strategy,” said Garret Barnwell, a clinical psychologist with the campaign. “There’s still a lot to be done in regards to reporting and there’s not a lot of feedback to the public.”
The campaign has recommended not only better tracking of policy implementation but also the integration of mental health services at the primary health care level and within HIV services. – Health-e News.