Sub-Commission for the protection and promotion of human rights
7-25 August 2006
Item 5 of the agenda - Prevention of discriminations
Oral Statement
Mr President,
FIDH wishes to draw your attention on three situations of discrimination, which are of particular concern to our organisation. We hope that the Sub-Commission or any other expert body which might replace it will use this information for reflection and action towards a better protection of rights holders throughout the world, particularly those victims of discrimination.
In Russia, FIDH and Memorial of Saint Petersburg continue to be preoccupied by the dramatic situation of the Roma communities. Several reports issued in the past years by FIDH and Memorial of Saint Petersburg’s Centre for the Social and Legal Protection of Roma in Northwest Russia show blatant discrimination of the Roma, which adds to the systematic violations of their economic, social and cultural rights and racist acts violence (including murder).
In 2006, cases of racist and xenophobic violence have increased. Despite the recommendations issued by Intergouvernemental and non-gouvernemental organisations, most of these cases remain unpunished.
Acts of harassment, extortion and brutality by the police continue, and in some regions said acts take a more and more systematic character. However, the authorities use the economic climate in the country to deny that discrimination against these groups is a genuine concern and refuse to adopt the necessary protection and prevention measures that would promote equality. No Action Plan or any kind of measures have been taken to promote and protect the rights of Roma communities, contrary to what has been recently done in the European Union context.
Moreover, in some parts of Northwest Russia, local politicians use anti-Roma sentiments as a catalyst in their election campaign. They presented a plan for "cleaning" their city from "gypsies" as the biggest promise to be fulfilled after winning the elections. In their propaganda, disclosed in mass media, these politicians openly accuse the entire local Roma population of earning a living on drug trade.
FIDH and Memorial of Saint Petersburg urge the Sub-Commission to work closely on the complex issue of the Roma minority in Russia in the framework of its Working Group on Minorities and in the course of the plenary.
Our organisations also ask the Sub-Commission to attract the attention of the competent authorities of the United Nations on these issues in order to request the Russian Government to stop discrimination practices towards Roma in general, and within local administrations and law enforcement bodies in particular. A special anti-discrimination law should be also prepared in order to fight effectively any type of discrimination, in particular in access to employment, healthcare, and all federal services. And, finally, a special Action plan on Roma should be adopted at the Russian federal level in order to prevent and fight discrimination faced by the Roma community in its everyday life. Such national action plan could be worked through gaining on the positive experience and support of the OSCE, the Council of Europe and the European Union in Roma related initiatives.
In Chile, though the Government announced the end of the transitional period, the rights of the Mapuche people, in Southern Chile, are still infringed upon. The social conflict opposing the Chilean Government to the Mapuche arose from claims related to land dispossession, pollution to the environment and the economic and cultural weakening of the Mapuche. In spite of efforts undertaken in terms of public policies, the Mapuche remain on the margin of transition.
Up to now, the Chilean Government has been responding to the social conflict with the Mapuche through systematic interference of police forces into the everyday life of communities, and through the launch of criminal prosecution against Mapuche people involved in violent acts committed in the context of social protest. An incalculable number of criminal cases have been brought against the Mapuche and with an ever more radicalized conflict over the years, the Mapuche were subject to special legal frameworks like the State Security Law or Anti-Terrorism Law (Law 18.314), which significantly restrict the guarantees and rights of the accused and leads to exceptionally long sentences of imprisonment. Traditional leaders and Mapuche activists have been sentenced to long terms of prison following threat or harm to property, acts which are normally linked to indigenous land claims. The counter terrorism Chilean legislation contains an excessively broad definition of the term « terrorist act » and leads to serious abuses. The claims of the Mapuche people must be considered as legitimate human rights claims, highlighting deficiencies in the legal and institutional framework existing in Chile today, like those related to the duty to provide reparation and restitution.
Following the end of the transition in 2005, indigenous peoples are still marginalised and fail to benefit from the significant progresses enjoyed by the all of the Chilean population. In June 2006, the Constitutional Commission of the Senate approved a draft reform of the counter-terrorism law initiated by the Government. This draft provides that only acts affecting the life, freedom or health of persons could be qualified as « terrorist acts ». Finally FIDH is concerned that human rights defenders linked to the Mapuche social protest are increasingly pressured and harassed by Chilean institutions.
In Botswana, FIDH and its partner organisation in Botswana, DITSHWANELO (Botswana Centre for Human rights) would like to express their concerns about the discrimination against indigenous peoples, illegal and prohibited immigrants, as well as refugees in Botswana.
First of all, our organisations are concerned that the constitutional definition of discrimination does not explicitly prohibit discrimination based on descent, national or ethnic origin and indirect discrimination.
The legislation and criminal justice system in Botswana do not ensure a full access to justice to the most disadvantaged groups including poor people and minorities. For example, there is no adequate legal aid and interpretation services and most legal services are located in urban areas.
Since 1997, discriminatory policies have been issued by the government to forcibly relocate the indigenous peoples of Botswana, the Basarwa/San, and notably those living in the Central Kalahari Game Reserve.
Several cases of police mistreatment of Zimbabweans including threats, beatings and verbal abuse have been reported by DITSHWANELO. More generally, there is a growing hostility towards illegal immigrants from Zimbabwe, who are being held responsible for the increasing rate of crime in Botswana.
Our organisations would also like to stress the existence of several discriminatory provisions contained in the refugee legislation in Botswana. For example, asylum seekers are automatically kept in detention until determination of their status, which might last up to 3 or 4 years in certain cases, in violation of the UN 1951 refugee Convention ratified by Botswana and Section 6 (b) of the Botswana Refugee Act which provides for their status to be determined within 28 days.
Our organisations therefore ask the Working Groups on minorities and indigenous populations to take these information into account in their work and to recommend all necessary measures to put an end to these discriminations. Detailed information may be found in the Ditshwanelo’s shadow report to the UN Committee for the Elimination of Racial Discrimination.
Thank you Mr President.