Dear Editor
Jagmohan Sigh, Editor of World Sikh News has sent an open letter to Navaneethjam Pillai, UN High Commissioner for Human Rights. This is relevant to Sri Lanka also. The open letter speaks for itself. Please give attached letter publicity by reproducing it in your media.
Thank you
S.Makenthiran
Toronto, Canada:
Ms. Navanethem Pillay, a South-African born Indian origin jurist of Tamil descent took over as the fifth UN High Commissioner for Human Rights on 1 September for a period of four years. Jagmohan Singh writes an Open Letter to her submitting outline of an agenda for protection of human rights in India and Sri Lanka.
Mak S. Makenthiran, BA, FCCA
Chartered Certified Accountant
Mississauga, Ontario L5R 2P3
Canada.
e-mail: makenthiran@yahoo.com
--Forwarded Message Attachment--
because the truth needs to be told
Walk the Rights Talk
Jagmohan Singh
Ms. Navanethem Pillay, a South-African born Indian origin jurist of Tamil descent took over as the fifth UN High Commissioner for Human Rights on 1 September for a period of four years. Jagmohan Singh writes an Open Letter to her submitting outline of an agenda for protection of human rights in India and Sri Lanka.
Hon�ble Ms. Pillay:
I write to congratulate you on your appointment as the UN High Commissioner for Human Rights and to present a case for intervention in the human rights situation in India and Sri Lanka. Your opening remarks on your first day in office that �The High Commissioner should focus fearlessly on protecting the interests of victims all over the world, and that does involve speaking up against the violators as well. I come with my heart for the victims,� has increased my respect for you.
It is a matter of joy that despite attempts to block your appointment, the UN Secretary General -Ban Ki-moon was able to secure your position for the august body. It is further encouraging noting that the UN Secretary General has promised more resources and technical support to strengthen the Office of the UN High Commissioner for Human Rights.
Though the incumbent of such a high office has to be totally fair and impartial to the mandate, you will agree that it is natural that there is likelihood of more expectation by people with whom the person shares affinity of some kind. Understandably South Africans, Tamils and people from the Indian sub-continent are pleased at your appointment and have high expectations from you for protection of their civil and political rights.
One of your key contributions as a judge of the International Criminal Tribunal for Rwanda was in the area of rape as an institutionalized weapon of war and crime of genocide. The Indian army has been using rape as a weapon in the North-East and in Kashmir. The Sri Lanka army has been consistently using violent offences against women, including rape against the struggling Tamil Eelam fighters and the hapless Tamil population.
The European Union has reacted to your appointment by acknowledging the distinguished role played by you in combating impunity. This is another area of concern in India and Sri Lanka. In both the countries, police, paramilitary and armed forces enjoy full impunity from rule of law. Besides these arms of lawlessness, we also have the vigilantes to harass, maim, torture and kill with full state patronage.
One of the lessons that I have learnt over years of human rights and political activism is that there should be no haste in diplomacy and international relationship management. However, UN bodies have given the Indian sub-continent a raw deal. It is not only my assessment, but that of many human rights bodies in India that for the last many decades, UN bodies have ignored the less privileged, the minorities and ethnic nationalities in this region.
As you may know, last week, the Acting UN High Commissioner for Human Rights issued a concern about the recent violent protests in Indian-administered Kashmir.
The OHCHR called upon the Indian authorities and in particular security forces to �respect the right to freedom of assembly and expression, and comply with international human rights principles in controlling the demonstrators. The use of force should be proportionate to the threat posed and firearms must only be used in dispersing a violent assembly to protect individuals against an imminent threat of death or serious injury.�
In a strange development, with which I totally disagree, the OHCHR also said that �Leaders of the different protesting groups have a responsibility to ensure that demonstrations are peaceful and that the demonstrators are not carrying sticks, guns or other weapons and refrain from intimidation. Political actors are urged to take all necessary protection measures to avoid exposing people under 18, including young children, to violence and to manipulation for political ends.� This was a totally unnecessary pontification to the peoples� movement leaders already under attack from the Indian state.
Your predecessor, Ms. Louise Arbour had annoyed Islamic countries
and some western nations. It is my wish that you annoy at least India and Sri Lanka
Nonetheless, the Indian response was typical. �Stay out of India� screamed the Indian foreign office. To use the exact words, India said, "It does not need any advice on the protection and promotion of the human rights of her citizens. New Delhi regrets the statement. This is uncalled for and irresponsible.�
What it said further was even more bizarre, shocking and laughable. It said that �OHCHR should be aware that the state of Jammu and Kashmir has been a victim of terrorist violence for almost two decades and all through this period, the authorities have acted within the law and with restraint. In all their actions against terrorists, personnel of the security forces have sought to ensure that no innocent lives are lost.� This is not new, every time there is some admonition of India and its gross violation of rights, India steps up its offensive of being the largest democracy in the world.
When the world unquestionably listens to such nonsense, affected people become nothing but mute victims in India�s tirade against them. This is the point of my letter to you. The reprimand by the OHCHR was reported in a small section of the Indian media. It has had absolutely no impact on the struggle for rights and their protection. I believe that the OHCHR has a more effective role to play.
India and Sri Lanka are hypersensitive to their human records and resort to subterfuge, treachery, falsehood, suppress civil and political rights and drumbeat euphoria of being democratic countries to suppress human rights of ethnic nationalities and to commit inhuman torture and harassment.
I submit that your office needs to take up the following issues with these countries:
1. Since the last two decades, India has refused to grant official permission to the Special Rapporteur on Torture to visit India. Sri Lanka too has not granted permission to the Special Rapporteur.
2. Since the last two decades and more, India has refused to officially allow Amnesty International to visit Kashmir, Punjab and the North-east.
3. The National Human Rights Commission of India cannot take up cases against abuse of human rights by the para military and military personnel in India.
4. India has failed to ratify the Convention against Torture, which it signed in 1997.
5. The temporary powers given to the armed forces under the Armed Forces Special Powers Act in 1958 have not yet been withdrawn even after 50 years, particularly from the North East in India.
6. Illegal detention, custodial deaths and torture are normal occurrences after every violent incident, particularly against minorities including Muslims and Sikhs.
7. India and Sri Lanka have not signed the Optional Protocol to the International Covenant on Civil and Political Rights, denying its citizens the right to file individual complaints to the UN Human Rights Committee.
8. The Universal Periodic Review, in which India and Sri Lanka participated recently, would be meaningless if the Office of the High Commissioner for Human Rights and the UN Human Rights Committee do not ensure that India and Sri Lanka follow up on the promises made at the review.
9. As many as 10 States raised specific questions about the persistence of discrimination against 167 million Dalits in the areas of access to education, health, housing and property, freedom of religion and free choice of employment. India�s progress in this area needs to be constantly monitored and measured.
10. The recent attacks on Christians in Orissa and the blatant interference in the religious affairs of the Sikhs from time to time by quasi-government forces needs to be checked.
All this has been adequately documented and presented to various UN rights bodies by various individuals and organizations from time to time.
The UN Special Rapporteur on Freedom of Religion or Belief, Ms. Asma Jahangir after her two week visit to India, made interim remarks in March 2008. She referred to the planned attacks against Christians in the Kandhamal, Orissa. She has also mentioned in detail the anti-Muslim phenomenon in Gujarat. Her final report is due, but right-wing forces have torched 15 churches and killed many Christians.
It will be your honour to preside over the 60th anniversary of the Universal Declaration of Human Rights on 10 December this year. I wish you well and hope for a fuller implementation of the creed of �All Human Rights for all.�
Your predecessor, Ms. Louise Arbour had annoyed Islamic countries and some western nations by her outspoken statements. It is my wish that you annoy at least India and Sri Lanka. In their annoyance lies the deliverance of human rights of ethnic nationalities living in these regions.
Sincerely
Jagmohan Singh
Jagmohan Singh is a human rights activist and commentator based in Ludhiana. He may be contacted at jsbigideas@gmail.com
3 September 2008
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