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DIVERSITY
AND PLURALISM IN SOUTH ASIA: Protecting Minority Rights
and Elaborating the Regional Standards |
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THE
COLOMBO PRINCIPLES ON THE PROTECTION OF DIVERSITY IN
SOUTH ASIA
(drafted
by delegates of the Conference on Diversity and Pluralism
in South Asia, Colombo, November 2000) |
| DRAFT
FOR CIRCULATION AND COMMENT |
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- Respect
for diversity is an aspect of human rights. Respect
for ethnic, religious, linguistic, cultural, regional,
national, gender, and sexual identities, and the
multiple and hybrid configurations of these identities,
is an essential prerequisite of a democratic society.
- South Asia is one of the most diverse regions in
the world. All diverse communities including Minorities
and Nationalities have the right to exist and be
recognized. However, in South Asia, majoritarianism
continues to prevail in many forms. This contradicts
the fundamental principles of an "inclusive
democracy", the type of democracy that is necessary
for peace and justice in the region.
- All diverse communities have the right to enjoy
their own culture, to profess and practice their
own religion, and to use their own language, in
private and in public, freely and without interference
or any form of discrimination. All diverse communities
have the right to preserve customary laws and practices
including communal ownership of land so long as
these do not violate international human rights
standards. In pursuing these rights it must also
be recognised that community identities are historically
constructed and are constantly shifting. In protecting
the diversity of communities, nothing should be
done to prevent the voluntary movement and the voluntary
choices of individuals.
- No community or person shall be discriminated against
on grounds such as religion, language, race, nationality,
caste, gender, ethnicity, and sexual orientation.
- All diverse communities have a right to effective
political participation and self determination at
the national, regional, and local level, including
power-sharing arrangements where necessary.
- Development plans in the region should be formulated
and implemented only after "impact studies"
that examine how these policies will affect the
rights of minorities. Development plans should give
due recognition to environmental protection, existing
patterns of habitation and bio-diversity.
- Government
record keeping and bureaucratic procedures such
as the census should be structured to be sensitive
to the diversity in the population and the shifting
nature of contemporary communities. These procedures
should recognize that given the diversity in the
region, many South Asians have multiple identities.
Institutions
for the Protection of Diversity
- Institutions
to protect diverse communities are essential to
a democracy. Such institutions should be established
where they do not exist and strengthened where they
already exist.
- Institutions that protect diversity and rights must
be accessible to everyone. They should take into
account geographical and socio-economic constraints
and the procedures should be flexible so that vulnerable
groups can gain ready access to justice.
- Institutions to protect diversity and human rights
should be independent and autonomous, insulated
from political influence and dedicated to upholding
the rule of law.
- Institutions to protect diversity and human rights
should have effective measures for redress including
effective remedies that allow for enforcement, punitive
sanctions as well as the payment of compensation.
The impunity enjoyed by state officials in many
South Asian societies, despite violations of human
rights, must come to an end.
- The findings of these Institutions to protect diversity
and human rights should be transparent and the internal
workings should ensure due process and the principles
of natural justice.
- Appointments to these Institutions that protect
diversity and human rights should be representative
of all segments of the population and subject to
transparent review and confirmation procedures.
All members of these institutions should be recognized
for their fairness and impartiality.
- Among the institutions that are responsible for
diversity and human rights in the region are the
traditional judiciary, special tribunals, special
commissions, ombudsmen, units within government
ministries as well mechanisms for dispute resolution,
conciliation and mediation.
Civil
Society
- Civil
Society organizations such as people's organizations,
trade unions and non-governmental organizations
should act on the basis of an inherent respect for
diversity and the rights of minorities and recognize
that diversity and human rights are an essential
aspect of democracy.
- Civil society organizations should raise awareness
about the importance of respecting diversity through
campaigns, programmes and projects.
- Media organizations should be sensitive to diversity
within the country and the region and act with responsibility
in disseminating news and information so as not
to increase intolerance and prejudice.
- People's Commissions, People's Tribunals and Fact
Finding missions should be conducted by civil society
groups so as to highlight violations of human rights
and the existing obstacles to the full enjoyment
of equality.
- Civil society groups must fulfil obligations to
raise human rights issues even in complex and difficult
circumstances, including threats to national security
and violence by non-state actors.
Diversity
Within Communities.
- In respect of their own members, diverse communities
should respect diversity within and the human rights
and democratic rights of its individual members.
Religious communities in particular must be tolerant
of diversity of opinion and heterodox practices
within the community. Democratic traditions within
these communities should be encouraged and strengthened.
- Women's rights should be protected and all customary
and personal laws of diverse communities should
be in conformity with international norms as set
out by The Convention on the Elimination of Discrimination
Against Women.
- Caste is a pernicious social factor in South Asia.
Effective measures and sustained campaigns should
be undertaken to eliminate caste-based discrimination.
- Regional or national minorities that are territorially
placed must ensure that local minorities living
in the area fully enjoy human rights, democratic
rights and effective participation
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| Project Team |
| Principal Researcher/ Project Leader |
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| Researcher/ Investigator |
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| Published/ Unpublished Documents |
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