Statement by Dr. Jasdev Singh Rai, London, U.K. Presented to the United Nations Economic and social Council, Sub Commission on Prevention of discrimination and protection of minorities Mdm Chairperson thank you for this opportunity to speak. Liberationist heartened by improvements encouraged by the Sub commission in economic, social and cultural rights of people. However some states and peoples have unique problems, the historic issues and insecure status of some people has rendered them unable to determine their housing, education, and economic needs or realization of economic, social and cultural rights.
For instance the Punjabis are self-reliant and enterprising. But India imposed a command economy since 1947, In Punjab; only agriculture was allowed to develop resulting in 93% of arable land fewer than 175% saturation growth with dire consequences for future agriculture. Investment in other industry was controlled.
This created unemployment. People eager to diversify investment or find jobs had to leave Punjab. It affects their cultural cohesion. Unemployment has forced Sikh migrants to the west.
Imposed power interferes with economic prospects; Precipitated economic migrations and unemployment create social problems in housing, health, education and family. The Sub Commission could review current and prospective migrations due to such policies. For example, against Riparian law, and ICCPR art. 1 (2) India has forced diversion of Punjab’s river waters to other stales above the dispensable limit. Water levels are depleting. Agriculture will suffer within a decade and will lead to more migration.
The special Rapporteurs concluded that population transfer is unlawful. Under a 1900 Regulation, transfer of land to people outside CHIT is prohibited, Already construction of Kaptai dam flooded 40% of arable land displacing over 100,000 Jumma people. Between 197885, over 400,000 Bengalis settlers were transferred to CHT. Now military counterinsurgency programs have created poverty forcing people to sell land at low prices, contributing to further settlements. We invite the special Rapporteur, Mr. Awn Shawket Al Khasawneh to include the case of Jumma people of CHT.
Political insecurity most affects cultural rights. The Kurds are an example, Dispersed and suppressed as minorities in four states they are deprived of linguistic and cultural development. Such division has also introduced social and economic problems.
The Sikhs are another example. Sikhism advocates pluralism of religion, ideas, and equality of all human beings without prejudice. It encourages democratic consensus, The Sikhs eagerly endorse U.N. Human Rights conventions and modem democracies. Yet a Government has tried labeling Sikhs fanatics, militants and fundamentalists particularly those seeking ICCPR article 1 or are human rights activists. This influences views on Sikhs.
‘A comment on a Sikh lawyer’s application in a U.S.A. academic human rights institution was, “I hope we don’t train a fanatic.”
The Kurds face similar prejudice being promoted. This form of maligning precipitates cultural compromises to escape the tag.
Sometimes collective cultural rights need international solutions, ‘The Sikhs have such an issue. The Sikh philosophy inspires a continuous change in the cultural and political outlook of the Sikhs based on certain principles. They are interpreted at the Akal Takhat which was established in 1602 in the Golden Temple complex as a temporal sovereign institution. The Vatican is the nearest example of such status.
The sovereignty of this sovereignty continues to undermine the cultural autonomy of the Sikhs, and exposes their cultural institutions to political interference worldwide. It is unfair to blame a single country. It is essentially a cultural right that is an international issue needing international solutions.
Suppression of people with their own culture, language, social system and national conscience affects their collective rights.
For instance the Palestinians national right is recognized at the U.N. but they are suffering extreme difficulties. When they cultural rights.
Generally. Realization of economic, social and cultural rights of a betrayed or diasporie national, conscience are not add din context by current U.N. debates. And instruments at any level.
For instance in South Asia, Sikhs had special agreements for constitutional veto and auto before joining the Indian Union but were then betrayed. The issue isn’t whether Sikhs are doing well in India or are treated equally. Until worldwide Sikh national conscience finds some form, their economic, social and cultural re realization will continue to be undermined in many countries by the perpetual conflict they find themselves in.
Such people are neither strictly minority nor yet a state and new status, The Sub Commission might like to ponder over this for a realistic appraisal of their economic, social and cultural nights. They aren’t internal matters, of single states.
The best example is the Jews, for centuries they suffered as parsed minorities. It was not until an international solution was founded by the U.N. that economic, social and culture rights had any meaning for them. They are a happier people now. The Sub Commission could make few more people happy by adding a new status for discussions, perhaps dispersed minorities?
Article extracted from this publication >> September 16, 1994
