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United Nations Office of the High Commissioner
for Human Rights Roundtable Discussion

Fighting Everyday Racism
Geneva 21 March 2006

Nimalka Fernando, President, IMADR

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May I first thank the UN Anti Racism Unit and you Madam Chairperson for giving IMADR and myself an opportunity to share our experiences and insights arising out of our engagements with the grass roots communities facing day-to-day racism, discrimination, violence and intolerance. Unfortunately the world is seeped in racism and religious intolerance and lives of the minority communities their very existence is threatened. In today's world the other than me and my community is an alien and object to be dealt with and annihilated some how. The global economic and political order creates and generates vulnerabilities and marginalisation of people in an unbelievable proportion. Today human lives are threatened by poverty on one hand and the `thirst for fuel' of Mr. Bush. Racism is the political ideology that moves wars and grabbing of resources from our countries that exposes our communities to experiences of racism and exclusion.

Our work has become challenging but difficult in the post 9/11 era in the wake of all dissident activities are viewed as work of terrorists and insurgents. Democratic rights activities are smashed up under the slogan of crushing terrorists.

Racism based on ethnic origin in Sri Lanka

In Sri Lanka today the Sinhala extremist forces inside the government have embarked on a campaign to spread hate speeches against the Tamil leadership fighting for self-rule and democratic rights for several decades. Sri Lanka is a classic example of a failed nation state. A country that could not handle its post colonial politics to secure a multi racist-multi cultural and multi religious political ethos and power sharing. We have been engaged in ethnic conflict resulting in a war dragging on for more than 2 decades. Thousands of lives have been lost and disappeared. The largest lose faced by the Tamil community and millions are displaced both within and outside the country. The war thrives on to annihilate a community. Despite the signing of the MOU for ceasefire the war looms larger every day.

In the wake of the new President coming into power violence erupted in the North and East killing hundreds of people. Most of those killed were unarmed civilians. Political assassinations have not been investigated by the government. The LTTE too has denied reports of violations by them. The paramilitary units operating in the East supported by the government are engaged violence and killing. In the month of December the Police launched a `strangers by night operation' apparently to search for drug peddlers and the under world. But most of those arrested and detained were Tamils and they were released only after several days after making a dossier with finger printing. They were treated with disrespect and many have filed petitions for the violation of fundamental rights while in Police custody. The pattern of arrest has an ethnic biased. 2 Tamil journalists who gave publicity to the atrocities of the armed forces have been killed during the past years.

The situation after tsunami in a post conflict Sri Lanka has further exacerbated the discrimination of the Muslim and Tamil communities. The relief and rehabilitation activities in the South received much attention while the North and East received only the trickle. The Presidents constituency has 500 houses constructed more than the required after tsunami while in the North and East hundreds are still living in temporary shelters. The government relief packages are given from time to time as election gimmicks of the regime. I must say with a sense of responsibility that even the UN system has not documented the stories of the deprived in Sri Lanka. We always hear rosy pictures of the post tsunami rebuilding from the UN and when Mr. Bill Clinton visits us to review the progress. Action aid has produced a document discussing the human rights issues of the tsunami affected and I call upon all those present here to refer to their website. IMADR convened a People's Tribunal in August 2005 where 350 tsunami affected persons participated. We have forwarded the communique to the relevant authorities.

The Muslim community living in Sri Lanka faces dual discrimination. On one hand the government's failure to address their issues and on the other hand the conflicts and tensions they face with the Tamil community in the East. Many Muslim people have died last year in the East and no proper investigation has been carried out. The Muslim people who were forced by the LTTE to leave the North 10 years ago are still living as IDPs and their future in unknown. As IDPs they face ill treatment and discrimination from all communities where ever they reside now.

Tamil people living in Sri Lanka continue to face discrimination with regards to the use of their language. Even though according to the Official Language policy Tamil persons are entitled to use their language the government has failed to implement the provisions. Tamil persons arrested are compelled to sign confessions written in Sinhala or forced to sign all kinds of documents in a language they are not familiar with. There are no officers proficient in Tamil language in the Police Stations in the government-controlled areas in the North and East. Further more the post offices are not equipped to send telegrams and messages in Tamil. This is a severe problem in the Plantation Areas where most of the tea plantation workers reside.

Women face double or multiple discrimination. The Tamil women have continued to face violence during war. Though since the signing of the CFA the situation eased since last December with the heightening of activities of armed forces in the North and East reports of violence and harassment against women are reaching us. The GOSL has still failed to give a report or investigate the rape and death of a young girl Dharshini from Jaffna, Her body mutilated was found inside a well located near a naval base in the North.

Racism - Migration and Trafficking

Economies of several Asian countries are dependent on the remittances of the women living outside their shores. Sri Lanka received Rs 12 billion in the year 2003, which is 56% of private remittances received. IMADR is involved in providing assistance to migrant workers within the framework of the Migrant Rights Convention and other HR frameworks. Of the 800,000 migrants living in the Gulf majority about 80% are women. All testimonies of returnee migrant workers have spoken of violence, sexual harassment and other discriminatory practices faced by them. ` I arrived in the house of my employer (later word is Master) in the night. I was shown to a room, there was no furniture only a carpet. The lady brought a pile of clothes and an iron. I was tired after my travel.

But thinking of my children and their welfare I knew that life was not going to be easy over here. I asked for water and was shown the toilet tap. I drank water from my hand. I was woken up by 5.00am and was asked to help in the kitchen. I was hungry but had to wait to receive a piece of bread with water till every body left the house. The lady locked up everything and I had to wait till she came back for lunch. Every day I received only the leftovers - bones fish or meat at times the small children taking pity on me would leave some left over from their food near the garbage bin for me to collect without showing their parents.

Due to social ostracisation these women do not speak openly about the violence faced. Many have committed suicide and some have returned back home with permanent injuries, dead bodies of migrant workers have been flown in with body parts missing. Women always speak of pressure on them by male colleagues in the house.

Migration is another form of slavery for Sri Lankan maids working in the gulf. Unless the governments decide to give adequate protection and has a political will address the violence and insecure conditions of these workers they will continue to be treated like slaves. The gulf countries have a responsibility to provide a secure environment for our workers. They benefit enormously from the cheap labour and it is unfortunate that this is not recognised by them. The practices we hear tantamount to racist behaviour towards the workers from our countries.

IMADR activities in the region also focus on descent and occupation based racism and discriminatory practices. The significant in this regard is the practice of untouchability in India and the continuing discrimination faced by the Buraku community in Japan. The atrocities committed against the Dalits of India is well documented. During tsunami it is reported that cleaners were brought from this community to dispose the dead bodies and they had to literally remove the decomposed bodies using their bear hands. The Dalits were prevented from receiving emergency assistance by those fisherman of the upper caste. Despite legal provisions available to protect the SC in India no action or investigation have been initiated by the Indian authorities related to such incidents.

Our work among the communities itself is a struggle to break the silence and challenge the impunity. At the local level while the communities receive human rights education and social awareness raising it has been an up hill battle to redress the grievances in court or receive justice from the authorities. As the Special Rapporteur on Racism commented last week from this very podium `it is not lack of education that makes people behave. It is a construct in the mind that is enmeshed in religious and cultural norms that we are superior that causes such practices' Even if history is taught the perception comes from the majority. As long as history is created by the majority racism and discrimination will continue.

Our activities cover the following areas at the national levels:

a. Monitoring of human rights violations
b. Convening of issue based public meetings for advocacy
c. Fact Finding Missions - Mission to Slovakia e.g.
d. Legal aid for victims
e. Campaign for land rights for Dalits
f. Supporting Dalit cultural Festivals
g. Peace advocacy in Sri Lanka
h. Campaign against the Judicial Order related to the Sayama Case in Japan
i. Post Tsunami rebuilding to be free of racist and discriminatory practices
j. Advocacy related to multiple discrimination of women - gender/ethnicity/class/caste/religion
k. Religious fundamentalism, Islamaphobia and its implication to increase racist behavior towards Muslims and Asians

Minorities and Nationalities all over the world are struggling for the just share in the world of work, society and governance. We need to move beyond the concepts of concessions and welfarism to equal treatment based on human rights. The thirst for oil of Mr. Bush must be overturned into a thirst for justice and fair play in the global economy by the American people. Racism must be condemned at all levels and fought against at all levels.

I would like to leave you with the following words of Mr. Romani Rose - quote from his speech made on 27th January 2006 at Strasbourg at the opening ceremony of the exhibition of The Holocaust against Sinti and Roma
"My wish and my hope is that the political authorities will grasp the opportunity presented by this exhibition to finally remove the stigma attached to strangers, that in their speeches and in their dealings they voice the fact that the Roma and Sinti are citizens of their respective countries of birth, in which they have been rooted for centuries. Only when European states recognise their national Roman and Sinti minority peoples as part of their own society will the vision of a European home become a reality."

Can we leave this place envisioning such a hope of a home for all those displaced, refugees and outcastes in our countries?