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Minority Rights
The first regional dialogue on minority rights
participated by human rights activists, representatives of minority
communities, and human rights intellectuals, was held in 1998. It
focused on the state of the minorities in the region on the basis of a
country-wise survey, brought out certain commonalities in the situation,
discussed the problematic of defining minorities, and put out certain
recommendations. The proceedings were published in form of a volume,
Shrinking Space (1999), ed. Sumanta Banerjee, and available with Manohar
Publishers, Delhi.
The second regional dialogue, held in April 2000, aimed
at setting out concrete tasks on the basis of the first dialogue. It
took into account the fact that in protection of minority rights the
primary concerns were democratization of society, ensuring
political-social space for the minorities, arresting the phenomenon of
the creation of new minorities by majoritarian states in this region,
and addressing the task of setting up regional standards. The dialogue
further noted, that these concerns embodied issues that were particular
and global, moral-ethical and practical, country-specific and regional,
political-economic and cultural, and finally issues of rights and
justice. The dialogue was of the view that minority rights must be seen
in the context of human rights as a whole while allowing for both
distinctions and convergence of the two. These rights have to be seen in
the context of democracy, and particularly good governance from a
functioning democratic state. In other words, minority rights are
meaningless in the absence of democracy. An adequate understanding of
minority rights can grow from a rigorous examination of the trends
towards majoritarianism in South Asia, and possible ways to reverse
them, and that minority rights must also examine and grow from demands
for broad social justice. Existing notions of human rights and
fundamental minority rights must inform the exercise of setting
standards, though not exclusively. Thus, while the entire exercise of
community and group rights is significant, these are not permits for any
community or the state to take away individual rights. The Bangalore
dialogue reached consensus on the paramount significance of instituting
reconciliation mechanisms in ensuring a tolerant and plural society, and
realized that one of the effective ways of democratic activism in
ensuring minority protection was moving towards citizens' organs that
work for reconciliation. Finally, in the context of South Asia, the work
of SAFHR leads to the realization of the need to examine the
effectiveness or otherwise of the existing forms of autonomy which
pervade the notion of minority rights. The task is therefore to explore
the possible forms of cultural, political, economic, and territorial
autonomy, and find out if these can be simultaneously pursued, and if
they are complementary or case/country specific.
On the basis of the understanding mentioned above, the
dialogue recommended that SAFHR should take the lead in examining
existing forms of minority rights in the region, prepare an
institutional profile of these forms, also examine existing autonomy
provisions in various democratic polities, and other international legal
and public arrangements and declarations, so that based on both
country-specific and a broad review, SAFHR can suggest certain regional
standards on minority rights in South Asia. The focus is to be on
provisions of autonomy.
Thus SAFHR will undertake the task of preparing and
recommending certain regional standards of autonomy towards minority
protection. The work will have two components - research and publication
of the report and recommendation. The research will take about one year
and the report will be discussed thoroughly by human rights activists
and then published in 2002 for recommendation to several legal,
political, human rights, governmental, intergovernmental regional
bodies. The research will take note of the following:
1) Minority rights must be seen in the context of human rights as a
whole, and there are distinctions as well as points of convergence.
2) Minority rights must also be seen in the context of democracy, and
particularly good governance from a functioning democratic state. That
is, minority rights are meaningless in the absence of democracy.
3) Minority rights must also examine and grow from demands for broad
social justice.
4) Understanding of minority rights can grow from a rigorous examination
of the trends towards majoritarianism in South Asia, and possible ways
to reverse them.
5) Existing notions of human rights and fundamental rights must inform
the exercise of setting standards, though not exclusively.
6) While recognition of community and group rights is essential, these
cannot be allowed to take away individual rights.
7) The existing forms of autonomy that pervade the notion of minority
rights have to be examined. The possible forms of cultural, political,
economic, and territorial autonomy are to be investigated. Similarly it
has to be probed, if these forms are to be simultaneously pursued, if
they are complementary or case/country specific.
8) The significance of instituting reconciliation mechanisms in ensuring
tolerance and civility is paramount. In this perspective the dialogue on
minority rights has to see how citizens' organs can work towards
reconciliation.
9) Finally, it has to be remembered that the paramount principle is
human rights and we recognize no deviation from that.
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