NHRC represented at World Conference Against Racism at Durban

Pursuant to the National Seminars and Public Consultations on Racism held by the National Human Rights Commission in Bangalore and in New Delhi in the month of August 2001, the Commission adopted the position that it should take at the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance and designated Dr. Justice K. Ramaswamy and Shri Virendra Dayal, to represent it in the gathering at Durban. The World Conference was scheduled to be held for 31 August – 7 September 2001, but was extended by a day.

Prior to the World Conference, Justice Ramaswamy and Shri Dayal attended a gathering of 47 National Institutions, which was held in Johannesburg on 27 – 28 August 2001.

While the full text of the Statement of the National Human Rights Commission can be seen at www.nhrc.nic.in (What’s new), an abstract of the Statement, as read out by Dr. Justice Ramaswamy, is given below:

ABSTRACT OF STATEMENT OF THE NATIONAL HUMAN RIGHTS COMMISSION AT THE WORLD CONFERENCE AGAINST RACISM IN DURBAN.

This World Conference Against Racism, Racial Discrimination, Xenophobia & Related Intolerance holds, in reality, a mirror to the soul of each of us.

Our comments therefore require a degree of introspection and honesty not always associated with the expression of views in such gatherings.

Mrs. Robinson has been right in observing:

“There has never been a UN Conference where there has been such a strong quest for the recognition of historical injustices”;

and in asserting:

“In different parts of the world, people are hurting because of problems of inequality or injustice and are pressing their case at this Conference.”

Indeed, no part of the world is exempt from such pain. India is no exception.

The National Human Rights Commission of India, for which I have the honour of speaking at this Conference, has therefore considered it its duty to listen attentively to those in our country who have been the victims of historical injustices, and who are hurting because of discrimination and inequality. I refer in particular to those who, under our Constitution, comprise the Scheduled Castes and Scheduled Tribes – the Dalits and Adivasis of India – with the protection of whose human rights our Commission is itself deeply involved. It was to hear their voices, and to benefit from an exchange of views with them, and with eminent jurists, academics and human rights activists, that our Commission organized two major consultations in August 2001, in Bangalore and Delhi respectively, as steps preparatory to the formulation of the views of our Commission for this Conference. The Commission has naturally also taken note of the discussions leading to the drafting of the document that has been submitted by the Preparatory Committee to this Conference, and in particular of the contents of the proposed paragraph on discrimination based on race and descent which had yet to be discussed by Member States prior to this Conference, and on which decisions will need to be taken by them. It has also carefully considered the Working Paper prepared in June 2001 by Mr. Rajendra Goonesekere for the Sub-Commission on the Promotion and Protection of Human Rights on the topic of discrimination based on work and descent.

With these introductory words, may I now outline the views of my Commission, as succinctly as possible, on certain of the issues before the Conference that are particularly germane to my country.

· There can be no doubt that in India – as everywhere else in the world – history and society have been scarred by discrimination and inequality.

· It was in recognition of this – and to end such injustice – that Part III of the Constitution of our Republic dealing with Fundamental Rights, contained powerful provisions to combat all forms of discrimination, including notably those forms which were based on race, caste or descent. These provisions of the Constitution are justiciable.

· It can with good reason be said that India has embarked on a programme of affirmative action which is, perhaps, without parallel in scale and dimension in human history. It is all the more remarkable for being undertaken in a country that has demonstrated, in the 54 years since its Independence, an unshakeable faith in the capacity of its people to effect fundamental social, economic and political change through the processes of democracy.

· The National Human Rights Commission of India believes it is essential that all Member States, including India respect the international human rights regime established under the auspices of the United Nations and observe the discipline of the treaties to which they are States Party. It is worth mentioning, in this connection, that Section 2(d) of the Protection of Human Rights Act, 1993 which establishes the National Human Rights Commission, defines “human rights” to mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants.

· In the light of this, the Commission is of the opinion that the exchange of views on human rights matters, whether at the national, regional or international level, can all contribute constructively to the promotion and protection of such rights and that this Conference provides a singular opportunity to the international community to deal openly and courageously with the vexed issues of discrimination and inequality as they exist all over the world, in all of their variety, including the forms of discrimination that persist in India and all other countries. In such a context, it is not so much the nomenclature of the form of discrimination that must engage our attention, but the fact of its persistence that must cause concern. Given this perception, the Commission is of the view that the debate on whether race and caste are co-terminus, or similar forms of discrimination, is not the essence of the matter. The Constitution of India in Article 15 expressly prohibits discrimination on either ground, and that Constitutional guarantee must be rigorously implemented. In this connection, the Commission believes deeply in the value of engaging Governments, non-governmental organizations, national institutions, and all concerned elements of civil society in the process of fighting discrimination, and urges that this process be conducted at all levels in a spirit that is genuinely interested in the furtherance of human rights, and not vitiated by self-righteousness or by political and other extraneous considerations.

· In furtherance of its statutory responsibilities, the Commission has thus accorded the highest priority to ending discrimination against Scheduled Castes and Scheduled Tribes and in seeking to eradicate, in particular, two pernicious practices which largely affect members of these communities: these relate to manual scavenging and bonded labour.

· The Commission has also taken up the issue of the rights of persons displaced by mega projects, specifically those affected by construction of large dams, many of whom are tribals.

· In the final analysis, the Commission believes that the promotion and protection of the human rights of the weakest sections of society are clearly related to their full and proper empowerment. That is why the Commission has urged the adoption and implementation of policies at the Central and State levels that will open the doors of opportunity to them: free and compulsory primary education upto the age of 14 years, as the Constitution requires; access to proper primary health care; freedom from malnutrition and maternal anaemia, and the re-allocation of resources to back such programmes in a manner that has true meaning. In addition, the Commission has continued to receive and redress numerous individual complaints that it has received daily from persons who are included among the Scheduled Castes and Scheduled Tribes; these have alleged acts of discrimination, “untouchability”, violence against the human person, atrocities of various kinds, and high-handedness by public servants and others.

· Economic upliftment and empowerment of Dalits is the most effective tool to combat casteism. More avenues must be opened for the economic betterment of the disadvantaged.

· The Commission is acutely aware that the journey to end discrimination, injustice and inequality will be long and often frustrating. But it is convinced that, in this mission, the Constitution of the Republic has shown the way. Legislative and affirmative action programmes are firmly in place, but unquestionably need to be far better implemented. The Commission is convinced that discrimination on any of the grounds contained in the Constitution of India, and these include race, caste and descent, constitute an unacceptable assault on the dignity and worth of the human person and an egregious violation of human rights. The Commission holds the view that the instruments of governance in our country, and the energetic and committed non-governmental sector that exists, can unitedly triumph over the historical injustices that have hurt the weakest sections of our country, particularly Dalits and Scheduled Tribes. This is above all a national responsibility and a moral imperative than can and must be honoured