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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS

E-Newsletter
Vol.2 No.3
January 17, 2000


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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net

Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.

Dear friends,

We like to draw your attention to the unhealthy developments taking place in Malaysia where sedition charges are framed for the statements made in court while defending a client, and in the State of Gujarat notorious for its attacks on minorities, a Bill to stifle the rights of the muslims and the christians is being debated. The chilling indifference to the daily carnage articulates the profound trauma lived by the Sri Lankans is the observation made by Basil Fernando.

Please take note of our new e-mail address: rghr@ahrchk.org

1) STATEMENT ON THE CRIMINAL CHARGES AGINST KARPAL SING - AHRC
2) THE RIGHTS OF MINORITIES, CHRISTIAN AND MUSLIM IN GUJARAT - All India Christian Association.
3) IMAGES OF ANARCHY
4) ANNOUNCEMENTS

1) STATEMENT ON THE CRIMINAL CHARGES AGINST KARPAL SING - AHRC

Asian Human Rights Commission on the Criminal Charges Against Karpal Singh, A Malaysian Lawyer, For the Comments Made in Court.

(Asian Human Rights Commission already issued an appeal on 13 January 2000 regarding the arrests taking place in Malaysia during the week. This special statement is regarding Mr. Karpal Singh, a Malaysian lawyer, arrested for comments made in court)
The filing of charges of sedition against a lawyer for the comments made in court while defending a client constitute a barbarous attack on the legal profession and the due process of law. It is the duty of the civilized humankind to immediately condemn this act of barbarity in the severest manner and to call for the immediate withdrawal of charges with due apologies.

By definition an attorney is a representative of his/her client. All statements made by a lawyer in courtroom arise from this relationship. To make a lawyer responsible for the statements which he/she makes on behalf of his/her client is an attack on the very legal profession itself. The client of Mr. Karpal Singh is not charged with sedition. How is the representative charged while the principal is not charged? Attacking the messengers and the representatives have been considered an uncivilized practice in all civilizations. This act by the Malaysian government makes a mockery of legal profession and adequate response to this mockery is very essential.

We call upon the Malaysian Bar Association, the Law Asia, International Bar Association (IBA), International Commission of Jurists (ICJ) and all the bar associations in the world to take up this issue and to develop an appropriate and a comprehensive response. To delay a response will be to compromise with a gross act of barbarism.

Background Information

It is reported that several arrests have taken place in Malaysia, which the human rights activists and observers describe as a crack down on opposition. The most significant among them is the arrest of Karpal Singh who heads the legal team defending the former deputy Prime-Minister Anwar Ibrahim. He is charged with sedition for a remark made in the course of defense to the effect that people in high places are involved in the alleged poisoning of Anwar in prison. This is the first occasion that sedition charges have been framed on the basis of the remarks made by a lawyer in the course of defending a client.

The charge is likely to have a chilling effect on the legal profession, causing further loss of confidence in the legal process and confirming the authoritarian nature of the regime in power in Malaysia.

2) THE RIGHTS OF THE MINORITIES, CHRISTIAN AND MUSLIM IN GUJARAT

The submission made by the All India Christian Association to the Secretary of the Gujarat Legislative Assembly is reproduced here for your information and necessary action.

To 
The Secretary,
Gujarat Legislative Assembly Secretariat,
Vidhana Sabha, Gandhi Nagar - 382010

Dear Sir,

Sub: GUJARAT FREEDOM OF RELIGIONS BILL

1999 - GUJARAT BILL NO.21 OF 1999

We are shocked to hear that you propose to pass the Gujarat Freedom of Religion Bill with said objective to provide for prohibition of conversion from one religion to another by use of force or allurement or by fraudulent means.

It is a fact that Gujarat is foremost in India in persecuting those of minority faiths specially the Christians. It is the State where fundamentalist Hate Groups who cannot tolerate other religions, flourish. We have already made representation to the Chief Minister against burning of Christian Churches in Dec.98 and subsequently the violence in Dahod in the Freelandganj area. The basic function of the State is to maintain Law and Order and Gujarat is one State where protection is not provided to Christian and Muslims when attacked by the Hate Groups. Instead of taking action on those who indulge in violence, the Police there harass and arrest the victims thereby violating the Fundamental Rights of minority citizens, enshrined in our Constitution and Human Rights declared by the United Nations. We had complained on the dereliction of primary duties of the Police but no disciplinary action has been taken on the Police responsible.

Against this background, we are very concerned on the Bill proposed as its objective seems to legalise harassment and violence committed by police on Christians. This will turn the Law enforcing Police into a Lawless Police force. What is required is a false complaint to foster a case against innocent minorities. This should be condemned by all freedom loving citizens and we request you to withdraw the Bill immediately.

Our Constitution guarantees Right to Religion to all persons. Subject to public order, morality and health and to other provisions, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. Use of force or allurement or fraud is prohibited, As such there is no need for another enactment to prevent the misuse of freedom of religion. But on the plea that there is a possibility of misuse of freedom, none has the right to take away the freedom. Every person has the right to choose his own religion. Propagating a religion is a basic right and that would not result in conversion or change in religion. Somebody has to embrace another faith for a change in religion and every person has the right to embrace any faith. As such any curb on such right is unconstitutional.

As the people of Gujarat would not like their State to indulge in hateful inhuman activities, we request you to advise the Government of Gujarat to withdraw the Bill.

14 January 2000

3) IMAGES OF ANARCHY

Christmas in a traumatized nation

TV stations in Sri Lanka show pictures that are worse than nightmares. The famous horror stories appear nothing in comparison to what at times is shown over the television. The heads severed from bodies lying like a piece of sculpture or the horrible sights of the dismembered bodies or the completely disfigured faces are repeatedly shown. Even the children watch these horrible images. It will not be surprising that in future, the images of heads literally rolling down from the roof tops or being collected by the soldiers are shown in the TV.

The bodies of civilians killed in accidents or the blood stained bodies waiting to be collected and taken to mortuaries have become a familiar sight. Close up of the carnage following bomb blasts are sometimes re-cast, like the incident at the presidential election at which many were killed and one of the eyes of the President of the country was permanently damaged. The gruesome images of the rich well known lawyer, who in recent times became a supporter of the LTTE, slain with gun shot injuries is shown with his neck strewn with blood and kept for inquest proceedings.

Except for the occasional curfew which stops all movement, every one goes about treating everything as normal. Nothing shows the abnormal state of mind of the Sri Lankan people, than this seeming indifference to great tragedies happening around them.

Still the greater horror which is widespread and which is not shown in the TV is in the North and North East, where a brutal war has become a part of life and where the military personnel, particularly the young and the LTTE combatants die daily in big numbers.

Still the Radio airs soft love songs and TV shows western dances. Hindi romantic films with Sinhala sub-titles are played all the time. None laments the daily carnage. Conversations are chillingly normal.

This can happen only in a traumatized nation; though no one admits the trauma.

4) ANNOUNCEMENTS:

AHRC will conduct a regional seminar for the Religious on UN Convention on Torture, in India from 20 to 26 in February, A consultation on Child Rights in Manila from 1 to 5 February UN Committee on the Rights of the Child will meet in Geneva from 10 to 28 January.

You may obtain past copies of this E-Newsletter and other related material from RGHR. Those who wish to write articles or letters may contact RGHR c/o AHRC at the address given below.

SOME OF THESE DOCUMENTS WILL APPEAR IN PRINT FORM IN Human Rights SOLIDARITY - A MONTHLY PUBLICATION OF THE ASIAN HUMAN RIGHTS COMMISSION