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Minority-Rights Perspective:
As well as the regular weekly column, there is this week also a special report by Cathal Doyle on the 71st Session of the CERD Committee. Re-Examining Pragmatism: The Continuing Challenge of Telling the Truth and Gaining Justice in South AfricaThe 11th of February 1990 was a red letter day in the international community. Several thousands had gathered to watch Nelson Mandela walk to his freedom: one that had been earned after 27 years in prison. Millions more witnessed the momentous occasion on television sets and on the radio all over the globe. It was a time for optimism and held out the promise that the distasteful apartheid regime of South Africa would finally give way to a society where the dignity and worth of every individual would be respected: and where the Black population, treated as third class citizens in their own land, would gain equal rights. Reflecting on that day Mandela was to say in his famous autobiography The Long Walk to Freedom: At first, I could not really make out what was going on in front of us, but when I was within one hundred fifty feet or so, I saw a tremendous commotion and a great crowd of people: hundreds of photographers and television cameras and newspeople as well as several thousand well-wishers ... But this proved to be only the beginning; I realized we had not thoroughly prepared for all that was about to happen. ... When I was among the crowd I raised my right fist and there was a roar. I had not been able to do that for twenty-seven years and it gave me a surge of strength and joy ... As I finally walked through those gates to enter a car on the other side, I felt even at the age of seventy-one that my life was beginning anew. The emergence of the Rainbow Nation of the new South Africa has been well documented in recent history. What stunned the world was the manner in which, led politically by Nelson Mandela and spiritually by Bishop Desmond Tutu, the society began to move towards transition: keeping in mind the need to heal old wounds while recognising the thrust of the daggers that had rendered them. The Truth and Reconciliation process gave the opportunity for past wrongs to be confessed to, admitting the great wrong in them, in return for forgiveness and freedom from subsequent prosecution. The process was fractious, emotional and very intrusive: captured well in the film Red Dust. Yet what it did was to allow society to move on from the terrible years of darkness that had been inflicted on the vast majority of the population. This week there is a real risk that this process may unravel. Former Police Minister Adriaan Vlok and four of his former colleagues and "securocrats" faced charges concerning their attempt to kill black activist Frank Chicane in 1989. All five had received suspended sentences for admitting their role in the attempted murder. Many fear that their prosecution now could compromise the fruits of the Truth and Reconciliation process that captured the imagination of the world community and that created a model that was adopted in many other troubled parts of the world. For many of the victims the heinous crimes committed during apartheid need punishment. To "forgive" them was akin to letting murderers go free. Yet there was pragmatism as well as great ideology behind the decision. The decolonisation process in southern Africa was very different from similar processes elsewhere. For a start there was a significant White population in countries such as Namibia, Zimbabwe and South Africa who effectively held all the wealth. A failure to accommodate them would risk plunging society into the crisis that Zimbabwe is facing right now under Mugabe. A failure to create an ambience of security for the White population could have witnessed the kind of exodus experienced by Angola and Mozambique when the Portuguese left: taking with them as much as they could extract, and leaving the fledgling economies in a struggle from which they are yet to emerge. The beauty of the Truth and Reconciliation process in South Africa was not only its magnanimous nature: so aptly directed by the charisma of leaders such as Mandela and Tutu. It was also the sheer pragmatism of ensuring that the White population felt they had a stake in the emerging State: enough not to divest it of its resources and flee. Yet while the last twelve years have seen remarkable stability and a vibrant democracy, governmental policies have been unable to make a significant dent in overcoming the enormous challenges of society: poverty, HIV/AIDS, rape and violence. The result is that anger is seething among many sections of the population and ethnic division and rancour is growing. The clamour is growing for prosecutions of apartheid era crimes. But these are not restricted only to the members of the former regime: the ANC itself and other African groups are coming under scrutiny for the killings they commissioned in what they believed was their independence struggle. It seems like South Africa stands on a precipice: the government has to deliver real results to the vast impoverished populations, and has to continue to look to the future. Facing this future without the economic strength of its White population will make the process even slower. At the same time the impoverished are finding it difficult to understand how the enormous differences in their lifestyle and that of their former political masters is allowed to continue. The spectre of failure is starkly visible across the border in Zimbabwe. Mugabe's land redistribution scheme has plunged that country into an economic crisis that sees no sign of abating. The political repression and wide scale human rights abuses of the regime have also ensured that the country continues to go backward instead of addressing the difficult challenges on the road to recovery. So what will it be for South Africa: continued pragmatism with compromises along the way, or an outpouring of anger and nationalist sentiment? When Mandela talked of not being prepared, he was referring to the surprise of the huge crowds that greeted him. None of what is happening will surprise any South African, but the question is how is this new challenge to be overcome? August 20th, 2007 |
Previous Perspectives:
20-08-2007, Special Report: "CERD 71st Session. 30th July to 17th August" 13-08-2007, S. America: "The Frontline of the Battle against Climate Change: Listening to the Voices of Indigenous Amazonians" 23-07-2007, Special Report: "Eliminating Racial Discrimination: A Cry in the Wilderness?" 16-07-2007, Africa: "An Inconvenient Untruth: The Kikuyu in Kenya as Notorious Contributors to Global Warming?" 09-07-2007, Africa: "Putting Prejudice Aside: Can China's Involvement in Africa be a Positive Force?" 02-07-2007, Europe: "Treaty Making at the European Union: Forging a Common Future or Framing Greater Dissonance?" Archive: View |
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Campaign/Press Release:
Cathal Doyle, on behalf of the Irish Centre for Human Rights, was recently involved in writing a submission to the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD) relating to the mining on the Subanon peoples' lands in the Philippines. United Nations committee sets deadlines for Philippine Government to address accusations of violations of Indigenous Peoples' rightsFollowing its 71st session this August the United Nations Committee on the Elimination of all forms of Racial Discrimination (CERD) has invoked its Early Warning and Urgent Action Procedure imposing deadlines on the Government of the Philippines to respond to accusations regarding its failure to uphold, protect and respect the rights of the Subanon and other Indigenous Peoples in the context of mining operations on their lands. The concerns centred on complaints of serious violations of the Subanon peoples' rights at the mining operations of the biggest primary producer of gold in the Philippines a Canadian company, TVI Pacific.In its strongly worded letter to the Government of the Philippines, CERD called on the Government to provide information on the measures taken to protect the members of the Subanon community and to address their complaints. The committee noted with concern the allegations 'according to which members of the Subanon community are exposed to acts of violence and attacks on their property, sacred sites and institutions, and regarding the existence of a pattern of escalating racial hatred and violence against the Subanon community' and expressed particular concern regarding 'information that paramilitary forces deployed by TVI Pacific, are accused of human rights violations and that mining activities on Mount Canatuan continue and are being expanded'. The granting of the mining concession to TVI Pacific 'without the prior consent of the Subanon community, or its duly authorized representatives, in violation of the Indigenous Peoples Rights Act)' was another serious issue identified by the committee. It requested information as to how a body alleged to have 'no status in indigenous structure and not deemed representative by the Subanon' was 'granted representative status for the Subanon community' thereby enabling it to conclude 'an agreement with a Canadian mining company (TVI Pacific) in order to authorize mining activities on Mount Canatuan, a sacred site of the Subanon'. Expressing its concern regarding the implementation of Indigenous Peoples Rights Act, CERD requested that the Government provide a detailed response to 'the information according to which amendments ...to the 1998 Implementing Rules and Regulations impose restrictions in relation to the time-frame and process required to obtain the free and prior informed consent ...of indigenous communities which are not in conformity with the customs, laws and traditional practices of these communities'. Subanon traditional leaders Timuay Fernando Mudai and Timuay Jose Anoy explained to the committee "Mt. Canatuan is sacred to us... but the Canadian mining company made it a dumpsite for its toxic wastes. What is our sin against the Canadians? We did not go to Canada and desecrate their place, but the Canadians came here and destroyed our sacred mountain...we are not anti-government or anti-development as some people claim. We believe in a development path determined by the Subanon themselves, one that follows our core principles of being pro-life, pro-people, pro-environment and pro-God. We have seen what has happened at Canatuan and this mining project goes against all of these principles. To defend our future we have no choice but to oppose this abusive project and its planned expansion." A deadline of 'no later than 31 December 2007' was set by the committee for the Government to provide its response to the issues raised. In the absence of a response by this deadline CERD will consider adopting a decision under its Early Warning and Urgent Action Procedure. The committee also reminded the Philippines that its full country report was overdue since 1998. It requested the government to report before its 73rd session on the 30 June 2008 and instructed it that failure to do so would result in concluding observations being adopted 'in light of information received from other sources, including NGOs'. The committee's demands follow a detailed submission presented by a consortium of indigenous Subanon organisations and NGOs which catalogued the government's discriminatory policies and actions against the Subanon, and other Indigenous Peoples, in relation to its promotion of large-scale mining on ancestral lands.
The full text of the letter issued by CERD under its Early Warning and Urgent Action procedures to the Government of the Philippines is available at
The submission presented to CERD by Apo Manglang Glupa' Pusaka, Gukom of the Seven Rivers, Pigsalabukan Bangsa Subanon (PBS), Friends of the Earth Philippines Legal Rights Centre LRC-KSK, Tebtebba Foundation, Indigenous Peoples Links (PIPLinks) and the Irish Centre for Human Rights (ICHR) is available at Numerous reports have been produced documenting the issues faced by the Subanon at Mount Canatuan and other indigenous peoples of the Philippines in the context of mining operations on their ancestral lands. These include among others:
21 September 07
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