Beruflich Dokumente
Kultur Dokumente
World’s Minorities
minority
rights
group
Peoples 2012
Events of 2011
Focus on
land rights
and natural
resources
State of
theWorld’s
Minorities
and Indigenous
Peoples 20121
Events of 2011
Front cover: Young Dinka men at a cattle camp Inside front cover: Indigenous miners working in
near Tali village in South Sudan’s Central Equatoria the Potosí mines of Bolivia. Samer Muscati. Inside
state. For decades, Dinka constituted a minority in back cover: An Adivasi woman fetches water from a
the Republic of Sudan. In July 2011, South Sudan lake that was formed when villages were flooded by
declared independence from the north after enduring the Machkund Dam in Odisha State, India. Stuart
Africa’s longest running civil war. The country’s Freedman/Panos.
future now depends on whether the government can
balance the interests of its myriad ethnic groups.
Sven Torfinn/Panos.
State of
theWorld’s
Minorities
and Indigenous
Peoples 20121
Events of 2011
Edited by Beth Walker
Minority Rights Group International
Introduction
6 Foreword
Vital Bambanze, Chair of the UN
Expert Mechanism on the Rights of
Indigenous Peoples
88 Americas
Maurice Bryan
172 Europe
Katalin Halász
Part 3 Reference
211 Peoples under Threat 2012
237 Contributors
239 Acknowledgements
Foreword –
development with
identity
Vital Bambanze, Chair of the
UN Expert Mechanism on the
Rights of Indigenous Peoples
6 Foreword State of the World’s Minorities
2009
O
ne of the overriding threats facing indigenous peoples’ rights to cultural life and
minorities and indigenous peoples in to effective participation in decision-making
every region of the world is the risk of that will affect them or the regions where they
being driven from their land and natural live. Indigenous peoples’ rights have been
resources, which are vital for their livelihoods, strengthened further by the elaboration of
their culture and often their identity as a people. the right to free, prior and informed consent.
Many communities have been closely tied to But there is as yet no similar right expressly
their territory for centuries. Yet once their land granted to minorities, who consequently remain
is targeted for development – mining, oil and particularly vulnerable to exploitation.
gas, dams, agribusiness, tourism or conservation The Expert Mechanism has drawn heavily
– they are deftly and often violently evicted with on these standards in its efforts to ensure that
little or no compensation. indigenous peoples benefit from and are involved
While today’s threats to indigenous peoples and in decisions about the development of their
minorities are not new, their scale and severity land and natural resources. International and
have reached new proportions. Unprecedented domestic standards have moved forward over
demand for the world’s remaining resources, the past years, but implementation of these
combined with new technologies to extract standards remains an elusive goal. Even when
previously inaccessible resources in the remotest indigenous peoples’ claims of violations of their
regions, are putting even the most isolated rights have been upheld by domestic or regional
minorities and indigenous peoples under tribunals, governments continue to be reluctant
increasing threat from governments and private to implement these decisions.
companies wanting to profit from the resources Speaking to indigenous communities and
found on or under their lands. experts, I see the plight of my own community,
From 2011 to 2012, I chaired the UN the Batwa of the Great Lakes region in
Expert Mechanism on the Rights of Indigenous Central Africa, reflected in the struggles facing
Peoples, a body formed to advise the UN communities around the world. This MRG
Human Rights Council on the rights of volume shows how Endorois and Ogiek in
indigenous peoples. The right to traditional Kenya, hill tribes in northern Thailand, San in
land and natural resources has been a focal point Botswana and many more are locked in ongoing
of our work. Our current study on language disputes with governments and private companies
and cultural rights has shown that cultural life to secure their rights to their ancestral lands and
is inseparable from economic and social life; access to natural resources. Similarly, Bedouin in
it is interdependent with other human rights the Middle East and Uighurs in China’s Xinjiang
protections. Cultural life also encompasses province struggle to maintain their cultural
traditional livelihoods which are commonly integrity against their respective governments’
under threat from natural resource development. desire to put national development first.
Dominant national development paradigms This report provides a comprehensive and
tend to override alternative conceptions of much-needed overview of marginalized groups
development that may be held by minorities – both those who have been adversely affected
or indigenous peoples. Natural resource by natural resource exploitation and those who
development that affects these groups should be have fought to benefit from these resources –
pursued in accordance with their own cultural and adds to a series of efforts to establish firm
understanding of development and in a way that recommendations for reform of natural resource
does not erode cultural or religious identity. development.
The very existence of the Expert Mechanism I belong to the Batwa community in Burundi.
is an indication of the increasing recognition Batwa are some of the original inhabitants of the
that indigenous peoples and minorities are equatorial forests of the Great Lakes Region of
awarded under international human rights Central Africa. Traditionally hunter-gatherers, in
treaties and law. International treaties and Burundi, Batwa have never owned land. Over the
UN declarations recognize minorities’ and past decades, we have seen our forests dwindle
Conclusion
Indigenous peoples and minorities are getting few
of the benefits and more of the harms from the
myriad of natural resources development projects
currently being pursued. The lands and territories
they have long occupied and the resources they
have long relied upon are under increasing threat
from powerful state and corporate forces. The
negative effect of harmful and unwanted natural
resource development on these communities is
striking and constitutes a clear violation of their
human rights. In some cases, it is now a threat to
their very existence.
Many communities are successfully fighting
back against unwanted or harmful natural
resource development and also contributing
towards management of such resources. In
Canada, for example, the Environmental
Stewardship Unit of the Assembly of First
Nations is working with several government
ministries and commercial entities to ensure a
central role for indigenous peoples in sustainable
and indigenous communities to elaborate, moni- natural resource development. Meanwhile, others
tor and implement natural resource development do not have adequate access to information, legal
programmes that are consistent with their human assistance, knowledge of commercial natural
rights and view of development. This is not only resource development processes or funding in
about technical capacity to critically evaluate and order to defend their rights.
design good natural resource development but Ethnic, religious and linguistic minorities
also to assert alternative development strategies have so far not garnered the recognition of their
that might challenge dominant paradigms that rights and concerns that has been achieved by
have contributed to so many harmful outcomes. indigenous peoples. The gap in protection could
Support can range from technical and financial make these groups even more vulnerable to
assistance, including from international organiza- harmful natural resource development in future.
tions, inter-community solidarity and advisory The development of natural resources need
services, scholarships and training for community not be harmful or unjust. The future of natural
members on relevant standards and technical resource development is our common future,
knowledge. The Indigenous Peoples Resource and minorities and indigenous peoples have a
Management Program at the University of Sas- right not only to benefit in this, but also to help
katchewan in Canada is one model curriculum. determine its path. This is their right to self-
Undertaking such management roles can also be determination. p
Addressing
Second, the term ‘indigenous peoples’ is
used here in its broadest sense so that, as in the
historical injustices
approach adopted by the African Commission on
Human and Peoples’ Rights (ACHPR), it is not
in New Zealand
limited to a ‘narrow/aboriginal/pre-Colombian
understanding of indigenous peoples’. Equally,
following the approach of the Inter-American
Court of Human Rights (IACtHR), one might
refer to indigenous and tribal communities The Maori, the original inhabitants of New
so that, for example, descendants of African Zealand or Aotearoa, make up roughly 15
slaves forcibly brought to South America with per cent of New Zealand’s population of just
European colonizers, and who continue to form a over 4 million. Relations between Maori and
distinct social, cultural and economic group with the government are based on the Treaty of
a special relationship with their territory, benefit Waitangi, signed in 1840 between the British
from these standards as well. Crown and a number of Maori tribes or iwi,
Nonetheless, the focus on indigenous and and considered as one of New Zealand’s
tribal peoples is not to deny that there is a founding instruments. Under the Treaty, the
legitimate debate to be had as to whether some Maori were to retain possession of their lands
of the recently adopted standards in relation to and resources. In line with this, indigenous
their property rights, modified or not, should not or native title was recognized under the
equally apply to others whose relationship with common law of New Zealand as early as
the land is not necessarily an issue of identity and 1847 (R v. Symonds) and through legislation
cultural survival yet who similarly find themselves in the Native Rights Act 1865. However,
paying a heavy price for others’ development. For such early recognition of native title did not
example, in Cambodia, where more than half of last and subsequent actions by successive
the country’s arable landmass has been granted governments resulted in the individualization
as concessions to private companies for agro- of Maori land and its subsequent sale, such
industrial and mining projects, indiscriminately that most land in New Zealand had already
affecting both minority communities, such as passed out of Maori ownership by 1900 in
Cham Muslims, and indigenous peoples, it acts which are now widely recognized as
can be difficult to see why non-indigenous and being in breach of the Treaty.
non-tribal communities should not be entitled For Maoris with their concept of
under human rights law to have a greater role in turangawaewae (‘a place to stand’), indicating
participating in decisions directly affecting them the close connection between land and tribal
and their livelihoods. To the extent that much of and personal identity, such dispossession was
the emerging protection for indigenous peoples not simply about alienation of their land
has been carved out of what was previously but a loss of self-governance and of cultural
viewed as an individual right to property, there identity which continues to be reflected in
is the potential for human rights standards to the inequalities experienced by Maori in
continue to evolve so as to provide protection to comparison with non-Maori across a broad
other groups and collectives. range of social indicators.
Finally, by way of introduction, this chapter Beginning in 1975, with the establishment
refers to indigenous peoples collectively and does of the Waitangi Tribunal to hear claims
not provide a particular gender focus. This is brought by Maori against the government
primarily because the human rights standards, for breaches of the Treaty, notable steps
legislation and case law being examined do not, on have been taken to address these historical
the whole, touch upon the double discrimination
The Maya of
to certain accompanying rights. For example,
the constitutions of Bolivia and Ecuador provide
the Toledo
for their being plurinational states; Colombia’s
1993 law recognizes collective rights to territory
district in Belize
and its 1998 decree provides for prior consent in
respect of the exploitation of natural resources
on the lands of indigenous peoples and Afro-
Colombian communities; and Peru’s 2011
legislation on prior consultation with indigenous The Toledo district in southern Belize is
peoples. The judiciaries in these countries have home to approximately 14,000 Mopan- and
also, to varying degrees, been active. Indeed, Q’eqchi’-speaking Maya people, descendants
Colombia’s Constitutional Court is described of Maya subgroups that inhabited the territory
as having established ‘a world-class model of at least as far back as the seventeenth and
jurisprudence’ in the protection of the rights eighteenth centuries when Europeans arrived.
of indigenous peoples and the Afro-Colombian In 1998, following the granting of a number
community; a decision in May 2011 declared of oil and logging concessions on their
legislation reforming the country’s mining code traditional lands without their involvement,
as unconstitutional due to the lack of prior and a failure to obtain any timely remedy
consultation with indigenous peoples. Another from the local courts, a petition was lodged on
example of judicial activism in the region is behalf of the Maya with the Inter-American
provided by the Supreme Court of Belize (see Commission on Human Rights (IACHR)
case study). alleging a violation of the right to property
There has also been considerable activity and the right to non-discrimination under the
with regard to the recognition and protection American Declaration on Human Rights.
of indigenous peoples’ rights at the inter- In a decision of 2004, the IACHR upheld
governmental level under the auspices of the the communities’ complaint finding that
Organization of American States (OAS). In Belize had failed ‘to provide [the Maya] with
1989, the General Assembly of the OAS asked the protections necessary to exercise their
the Inter-American Commission on Human right to property fully and equally with other
Rights (IACHR) to prepare a legal instrument members of the Belizean population’. The
on the rights of indigenous populations. While Commission went on to recommend that
admittedly the declaration remains in draft Belize, inter alia: (i) adopt legislative and
form some 15 years after its inception, no other administrative measures, in fully informed
region is even beginning to attempt to engage
in a similar process. Shortly after the first steps
towards a regional instrument on indigenous rights to their ancestral territories and related
peoples’ rights were taken, the IACHR natural resources coming from these two bodies
established in 1990 the Office of the Rapporteur is reflective, on the one hand, of the preparedness
on the rights of indigenous peoples. in the region to at least recognize the existence
Perhaps though the most significant of indigenous peoples and the justiciability of
developments in the region, including in their the issues facing them. But, on the other hand, it
potential to impact beyond the region itself, is reflective of states’ failure to offer meaningful
have been the decisions of the IACHR and the protection at the local level, even where their
IACtHR in respect of petitions brought before domestic laws make provision for the same.
them by or on behalf of indigenous communities. The first case in which the IACtHR
The extent of the jurisprudence on indigenous adjudicated upon indigenous peoples’ collective
peoples’ rights and specifically their collective right to property illustrates this dichotomy.
In Mayagna (Sumo) Awas Tingni Community what it itself described as ‘an evolutionary
v. Nicaragua (2001), the Awas Tingni interpretation’, found that Article 21, until that
community (one of numerous Mayagna or point regarded as protecting a classic, individual
Sumo communities inhabiting the isolated private right to property, protected the right to
Atlantic Coast region of Nicaragua) challenged property ‘in a sense which includes … the rights
Nicaragua’s failure to demarcate their communal of members of the indigenous communities
lands and the granting of a timber concession within the framework of communal property’.
in an area which potentially belonged to the This was a ground-breaking development. Yet,
community without consulting them. Despite the the reason why the Awas Tigni community had
fact the American Convention on Human Rights to take their case to the regional level was not
made no express reference to indigenous peoples because Nicaragua’s Constitution and legislation
nor to communal property, the Court, through made no provision for indigenous peoples
The Framework establishes three key pillars: Principle four: the elimination of all forms
states’ duty to protect against human rights abuses of forced and compulsory labour;
by third parties, including business; corporate Principle five: the effective abolition of
responsibility to respect human rights; and child labour; and
access for victims to effective remedy. Under the Principle six: the elimination of
Framework, companies must avoid infringing discrimination in respect of employment
upon human rights and address the adverse and occupation. p
impacts of their operations. And this refers to all
ALGERIA LIBYA
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Africa
Rahnuma Hassan, Paige Jennings,
Mohamed Matovu, Ukoha Ukiwo
East and
including minorities and indigenous peoples, are
hit hardest when natural disasters strike, yet their
plight goes largely unnoticed by governments, aid
Horn of
agencies and the media.
Pastoralists and agro-pastoralists were those
worst affected by the drought. Reports from
Africa
MRG’s partners in the region showed that
pastoralists, who earn their livelihoods by
herding livestock, had been devastated by the
drought. Jane Meriwas, an activist working
Mohamed Matovu with the Samburu Women’s Network, a Maasai
community-based organization in Kenya, told
T
he year 2011 was a difficult one for MRG that pastoralist communities in Samburu,
the East and Horn of Africa. The Isiolo and Laikipia counties were hit hardest:
region had to contend with a host of ‘Many pastoralists lost income due to high death
challenges, including prolonged drought – which of cattle. In order not to lose out, many sold off
wreaked havoc – and the knock-on effects of their herds, which were fetching them less than the
the global economic downturn. Amid growing normal market price because most cattle looked
pressure on scarce resources, minority and sickly due to lack of water and pasture,’ she said.
indigenous groups across the region continued to In some regions, pastoralist and other children
struggle to gain control of and access to the land had to relocate with their families to escape the
and natural resources they depend upon for their drought. In drought-hit areas in Ethiopia, Kenya
livelihoods and culture. and Uganda, schools were abandoned and closed.
According to the World Food Programme, this
Regional drought was attributed to the depletion of supplies for
In 2011, parts of Ethiopia, Kenya, Somalia, special school feeding programmes in areas like
Sudan and Uganda suffered the worst drought in Karamoja in Uganda.
decades, according to the Famine Early Warning The UN Office for the Coordination of
Systems Network (FEWS). Poor rains contrib- Humanitarian Affairs (OCHA) made grim
uted to water and pasture shortages, dramatically predictions that the region would see an increase
reducing food production. The impact of the in conflicts over control of natural resources
drought was unprecedented because it happened as communities – particularly pastoralists –
in the midst of the global economic crisis, when compete for diminishing water, pasture and food
food and commodity prices were very high and resources. Already, early 2011 saw an increase in
governments were unprepared. Local communi- resource conflicts, with some resulting in deaths,
ties’ resilience was also weakened by previous in northern Turkana in Kenya, South Sudan,
years’ poor harvests and unpredictable weather south-western Ethiopia, and the Karamoja and
patterns. Governments and international aid agen- Teso regions of Uganda. Benjamin Omunga, a
cies were relatively slow to respond, despite clear Programme Officer with Urafiki, a community-
warning signs in late 2010. Across the region, based organization in Teso region in Uganda
more than 13 million people were still affected in said:
January 2012 and an estimated 50,000–100,000
people have died, according to a report by Oxfam ‘Due to food scarcity, the neighbouring
and Save the Children. Food insecurity intensified communities of Ngikarimojong (who are
in areas affected by conflict, particularly in Soma- pastoralists) have intensified cattle raids and thefts
lia where governance is weakest. In Kenya, where of their neighbouring Teso communities (who are
the drought affected well over 5 million people, agro-pastoralists, livestock herders who also make a
the government declared a national disaster. living out of growing food) putting a strain on the
As with most crises of this nature and as MRG improving relationship between the once-warring
research has repeatedly shown, vulnerable groups, minority communities.’
Forced
back to their old place.
There are different levels of violence in the
displacement
displacement process. The first level begins
at the regional state level, among the top
and ‘villagization’
regional government officials, experts and
civil society representatives who were vocal
in Ethiopia
against this villagization programme. Many
high government officials and experts in
the region were forced to flee the country
for opposing the programme or for just
The Ethiopian government has forcibly openly criticizing the programme. Some
relocated 70,000 indigenous people from are also imprisoned or indirectly targeted.
the fertile Gambella region to free up At the village level, since the displacement
land for commercial agriculture. Local programme is accompanied by the military,
activist Ojulu talked to Corinne Lennox those who resist moving face beating and
about some of the effects of this so-called torture from the hands of the military. I
‘villagization’ policy. heard from more than five people that there
One year after the villagization programme are about 100,000 armed forces in the region
even those farmers who tried to do farming at the moment, although I could not confirm
in the new places were not able to produce it. Since the programme was launched I heard
enough for the whole year since the area is about over ten people who were beaten to
not a good one for the kind of traditional death by the military while they were going
farming they practise. I heard that the out to cut grass and trees for construction,
government is planning to start the safety net and hunting. The movement of farmers has
(food for work) programme in the region. been strictly limited.
Therefore, the villagization programme has
made the people of Gambella food insecure, What has been the impact on women in
like other food insecure areas in the northern the region?
part of the country. Women are particularly impacted by this
Second, the villagization programme has displacement in many ways. Due to different
also increased the tensions between different kinds of conflicts in the region and the fact
communities who used to live in different that the government has been targeting the
locations far away from one another but men in the region, also because of HIV/
who are now brought together to share small AIDS, there are many women-headed
pieces of land for farming. Particularly in households in the villages of Gambella.
the western part of the region, where the Traditionally women are responsible for
Nuer (pastoralists) and the Anywa (farmers) fetching water, collecting firewood and
used to live in separate far-away villages, the household work. In the new places women
villagization programme has grouped these have travelled miles in some villages in order
ethnic groups in very close villages. This to get to a place where they could collect
is already increasing the tensions between firewood. Since those investors take the
these two groups. Since this programme was surrounding forest and the woods are cut
launched, over 15 individuals from both sides down, women have to now travel longer
(these are the only ones I have heard about, distances to get firewood. Since different
it could be more in other villages) have been communities are also brought to close
killed in separate incidents. Some villagers villages, different communities have to
Land injustice:
were placed in camps in Nyakatonzi.
After claims that excessive force was used,
Basongora in
the government eventually offered Basongora
evicted from the DRC alternative land
western Uganda
outside the park. However this settlement
was also problematic; the government
ordered the Basongora pastoralists to
share land in Rwaihingo with Bakonjo
The Basongora are a pastoralist community cultivators. Local politicians in Kasese
that lived and occupied land in Kasese dis- district have stirred up ethnic tensions
trict, north of the Maramagambo forest in over land allocation in the district to delay
western Uganda. any meaningful dialogue on resettlement.
The Basongora rely on cattle-herding Ethnic tensions have led to clashes
for their livelihoods. Under colonial rule, between pastoralists and cultivators, often
Basongora lost 90 per cent of their land culminating in the death of animals and the
between 1900 and 1955 to establish the destruction of property and lives. Today, the
Queen Elizabeth National Park. The Basongora community number about 11,000
Basongora were evicted, their animals according to the national census (40,000 and
destroyed and huts torched, and no 50,000 according to community estimates);
alternative settlement was provided, all in the the area they occupy is less than 2 per cent
name of wildlife protection. of their original land and they are living in
Post-independence governments have done deplorable conditions.
little to address the social injustice suffered In April 2012, Uganda’s President Yoweri
by the community. Instead, more Basongora Museveni warned the Uganda Wildlife
land has been parcelled out for government Authority against arbitrarily evicting people
development projects and military use, from national parks, urging them to instead
without community consultation. These convince communities of the benefits that
actions have reduced the Basongora to a conserving national parks and tourism can
vulnerable landless group. bring. ‘There is no conflict between animals
In 1986, when the current government and humans … We need to bring out the
took power, it promised to address historical linkages, compatibilities and the symbiosis
injustices and return land to thousands of between the parks and the people,’ he said.
people displaced by development projects. With a final draft of the national land
In the 1990s, the Ugandan government policy – containing important recognition of
recognized the Basongora as a minority the rights of pastoralists – soon to be tabled
that had to be protected and provided with before parliament, maybe the Basongora will
alternative land. finally see a peaceful and equitable end to
Yet in 1999, large numbers of the their predicament. p
Basongora community began to cross the
border to the Democratic Republic of Congo
(DRC) and settled in the Virunga National
Park. In 2006, the DRC authorities drove
the Basongora back into Uganda, where the
community tried to return to the Queen
Elizabeth National Park. Once again, the
Uganda Wildlife Authority tried to brutally
Southern
the China National Offshore Oil Company
(CNOOC), until the necessary national laws
were in place. But in February 2012 President
Africa
Museveni sidestepped parliament and signed a
new production-sharing agreement between the
government and Tullow Oil, which allowed the
sale to Total and CNOOC to go ahead, paving
the way for oil production by 2015 as well as an Rahnuma Hassan
estimated US$ 10 billion investment in a refinery Land rights and resource ownership are
and an oil export pipeline. In an address to controversial issues across the world. But given
parliament, President Museveni spoke about how the colonial legacy confronting countries in
Uganda stood to benefit, revealing details about Southern Africa, working towards equitable
such an agreement for the first time, but he failed resource distribution among ethnic groups
to mention how much revenue would go to the in the region is a particularly complex task.
local communities affected, some of whom are Already marginalized minority and indigenous
minorities and indigenous peoples. communities, such as San, who continue to
During 2011, there were increasing episodes practise traditional livelihoods and have close
of inter-community tensions, especially in Teso, ties to their land, are especially vulnerable to
Lango and Acholi regions in northern and discrimination and economic exploitation. In
eastern Uganda, fuelled by private companies’ South Africa and Zimbabwe, governments have
interest in communal land. In September, eight ignored the needs of at least some of these groups
clans claiming to own land in Abanga in Zombo in favour of redressing wider racial injustices
district northern Uganda accused a leading under former white rulers. Governments also
African manufacturing conglomerate, Mukwano grapple with pressures to use their resources
Group, of collaborating with the government for national development and from northern
and district leaders to take 1,285 hectares of countries and companies in an increasingly
community land to establish tea and pine competitive global economy, often choosing
plantations in 2008. However, Alykhan Karmali, economic gain over respecting the rights of
the Mukwano managing director, told the media minorities and indigenous peoples.
that the land title was given to Agricultural
Enterprise Limited in 1969, which was later Botswana
sold to the Mukwano Group. The clans claim In January 2011, the G/wi and G//ana
that Nebbi district officials did not consult with communities of the Basarwa indigenous group
them before selling their land to investors and finally won their right to access waterholes
demanded that the government intervene. inside the Central Kalahari Game Reserve
In October, US President Barack Obama (CKGR), where they have lived since its
announced that he was sending 100 combat- creation in 1961. The Appeals Court overruled
equipped troops to support Ugandan forces an August 2010 High Court judgment that
fighting the Lord’s Resistance Army (LRA). This prevented access to a water borehole on their
raised hopes of resolving security issues caused lands; the judgment was long overdue as the
by the rebels, who are accused of widespread community won the right to return to their
human rights abuses. The deployment followed lands in a landmark court ruling in 2006.
US legislation aimed at helping disarm the LRA The lack of access to water nearby has made
and bring its leader, Joseph Kony, to justice. it particularly hard for residents to survive. By
The LRA, said to have recruited children early 2012, only one water borehole had been
from minority and marginalized tribes from reopened by Gem Diamonds, the company now
Basarwa evicted
and housing census, stating that they did not
feel like citizens of the country. The protest was
over diamonds
motivated by official refusal to provide services
in the CKGR, including a polling station during
the 2009 elections. At the end of 2011, the
government announced that census results would
not be published until the autumn of 2012. While Botswana’s government has never
Recognition of minority languages continues officially admitted to forcibly relocating
to be a particular issue of contention between the G/wi and G//ana communities of the
the Botswanan government and minority and Basarwa indigenous group to make way for
indigenous rights organizations. Despite being diamond-mining operations in the Central
a multi-ethnic state, comprising 45 tribes, Kalahari Game Reserve (CKGR), critics have
Botswana’s laws and Constitution discriminate long suspected this to be the main motivation
in favour of those from the dominant Tswana- for the removals. When it became known in
speaking group. Reteng, a multicultural coalition late 2010 that Gem Diamonds would begin
group, continues to lobby the government mining operations in the CKGR, suspicions
about teaching minority languages in schools. seem to have been confirmed.
In February, the chairperson of Reteng, Doctor Basarwa were granted the rights to occupy
Ndana Ndana, said that a language policy that land within the CKGR, as a result of a court
recognizes all languages would be an important ruling in 2006, after years of attempted
first step, and that while the government argued
that there were insufficient funds to teach Below: A Basarwa boy in the Kalahari Desert,
minority languages in schools, this problem was Botswana, makes fire by rubbing sticks
not insurmountable. together. Dietmar Temps.
Minority rights groups also continued their
legal struggle for non-discriminatory access
for minority tribes to the House of Chiefs (an
influential body that advises parliament) in 2011.
Under the Constitution only the eight principal
Tswana-speaking tribes are admitted to the
House of Chiefs; there is no guarantee that the
chiefs of any of Botswana’s 37 non-Tswana tribes
will sit in the house. A 2001 High Court ruling
in a case brought by the Wayeyi tribe found that
the exclusion of the Wayeyi from the House was
discriminatory and unjustified. However, despite
the ruling, the government has failed to remedy
this discrimination. The case was lodged with the
African Commission on Human and Peoples’
Rights (ACHPR) by Reteng with support from
MRG, but the Commission declared the case
inadmissible in November, stating that domestic
remedies had not been exhausted. The decision is
currently pending approval by the African Union.
South Africa
South Africa is still grappling with its colonial
Africa
against civilians are still rife, fuelled in part by
competition for access to the country’s mineral
resources. These include diamonds, which are
extracted primarily by informal artisanal mining,
Paige Jennings and gold.
Incumbent President François Bozizé, who
Central African Republic took power in a 2003 coup, won a second
Since independence in 1960, the Central African five-year term in January, in the first round
Republic (CAR) has been afflicted by chronic of elections, which while largely peaceful
internal instability, exacerbated by the spillover were denounced as fraudulent by opposition
of conflicts from neighbouring Democratic candidates. President Bozizé is a member of
Republic of Congo (DRC), Chad, Sudan and the Gbaya ethnic group and has been accused,
nearby Uganda. as have previous leaders, of using the
In 2011, the government made some progress country’s mineral wealth to empower his own
towards peace. In June, it signed a ceasefire group’s elite.
agreement with the last remaining rebel group, The year saw several armed confrontations
the Convention of Patriots for Justice and Peace between the Union of Democratic Forces for
(CPJP), which operates in the north and is Unity (UFDR) militia, dominated by the Gula
reported to be made up primarily of members ethnic group, and the Convention of Patriots for
of the Runga ethnic group. Several thousand Justice (CPJP), which is predominately Runga, as
combatants from another armed group, the mentioned above.
Natural resources
The DRC is rich in minerals (see case study),
forest products and energy sources. Many of the
country’s indigenous Batwa or Bambuti peoples
depend in part on forest hunting and gathering,
and have seen their livelihoods threatened by
deforestation. The EU is the DRC’s largest
market for timber. To combat illegal logging,
the DRC is negotiating a Voluntary Partnership
Agreement under the EU FLEGT scheme. The
FLEGT framework includes a specific project to
ensure that civil society organizations, including
indigenous peoples’ organizations, are fully
aware of and encouraged to be involved in the
negotiation process. The DRC government
has also completed a Readiness Preparation
Plan under the UN-REDD (UN Collaborative
thousands were displaced. FARDC soldiers in the Programme on Reducing Emissions from
area were accused of violations, including against Deforestation and Forest Degradation in
the Mbororo, semi-nomadic Islamic pastoralists. Developing Countries) initiative, with several
pilot forestry projects under way.
Violence around parliamentary and As in other countries in the region, 2011 saw
presidential elections new agreements with international investors to
Flawed presidential elections in November significantly expand land under cultivation. One
2011 led to the re-inauguration of incumbent such deal, facilitated by the governor of Katanga
Joseph Kabila. Electoral violence, ranging from province in what he described as an effort to
widespread violations by state security forces increase food security and reduce the area’s
against opposition candidates and activists, to dependency on mining, opened up 14 million
violence between supporters of different political hectares of land to foreign development.
parties, began early in the year. It carried on
Mineral resources
While competition over the mines is obviously
not the root cause of conflict in the DRC –
in the DRC
complex issues of ethnic identity, regional rivalry,
economic interests, political power and access
to land all play a part – the trade has clearly
helped to sustain and perpetuate conflict. Armed
‘We no longer have to suffer this wealth men control some mines directly and also profit
as a curse’ by taxing transport of minerals through their
territory.
Over four days in July and August 2010, Following the Walikale findings, the DRC
rebel fighters cut off, encircled and attacked President Joseph Kabila attempted to impose
13 villages in the remote Walikale area of control by mandating the closure, without
North Kivu. At least 387 women, men and community consultation, of all artisanal
children were systematically subjected to production and trade in minerals and ordering
brutal rapes. According to local residents, the demilitarization of mining zones.
most of whom belong to the Nianga ethnic According to some reports, the measures were
group, the attacks were punishment for their not universally enforced throughout the vast
suspected pro-government sympathies. They and remote region, but were reported to have
told UN investigators that they believed rape seriously damaged the livelihoods of individual
was deliberately chosen as a weapon because miners and their families in areas where they
of the stigma traditionally attached to it in were. They were lifted in March 2011.
their culture. Official stakeholders in the mining
UN investigations revealed that the industry, including government officials and
attackers were from three different rebel representatives of artisanal miners, companies
groups that had joined forces so as to buying and trading minerals and concerned civil
force the government into negotiations by society groups, agreed a new code of conduct.
demonstrating their power to harm civilians. Critics pointed out that the code’s scope was
The groups were using the minerals trade in limited given that influential but unofficial actors
the resource-rich area to help finance their such as the army and other armed groups were
activities. Meanwhile, the army commanders not included.
responsible for protecting the villagers were Internationally, efforts focused on regulating
distracted from their duty by the same trade, trade. The Organisation for Economic
having ordered their units not to deploy to Co-operation and Development (OECD) issued
the new posting in Walikale because their old Due Diligence Guidance for Responsible Supply
one was in a more lucrative zone. Chains of Minerals from Conflict-Affected and
The findings caused the government and High-Risk Areas, endorsed by the International
its international partners to stop and take Conference of the Great Lakes Region in
stock of the role of minerals in sustaining December 2010. The UN Security Council
conflict in eastern DRC. The region, which is adopted a similar framework in its November
about the same area as the United Kingdom, resolution on DRC. The global mining industry
is rich in gold, as well as tantalum, tin and has also reportedly drawn up new internal rules
tungsten vital to the electronics industry. regarding ‘conflict minerals’.
Up to 90 per cent of its mining, according Due diligence principles became legally
to the United Nations Environmental binding under Section 1502 of the US Dodd-
Programme (UNEP), is ‘artisanal’, or small- Frank Wall Street Reform and Consumer
scale and informal. Roughly 2 million people, Protection Act, which came into effect in April
Africa
of the dominant political party in 1994 were
among those found guilty and sentenced during
2011. For the first time, in 2011 three cases
were transferred from the ICTR to Rwandan
jurisdiction. Ukoha Ukiwo
Mali
The fragility of Mali, one of Africa’s landlocked
countries, was exposed with the resumption of
CANADA
N O R T H
UNITED STATES
P A C I F I C
A T L A N T I C
O C E A N
CUBA
Hawaiian Islands (US) MEXICO
DOMINICAN REP.
HAITI
BELIZE Puerto Rico (US)
JAMAICA
GUATEMALA HONDURAS
EL SALVADOR NICARAGUA
COSTA RICA
VENEZUELA
PANAMA
GUYANA
Guyane (Fr.)
COLOMBIA
SURINAM
ECUADOR
PERU
BRAZIL
BOLIVIA
PARAGUAY
S O U T H
CHILE URUGUAY
P A C I F I C
ARGENTINA
Americas
Maurice Bryan
T
he resource-rich Americas region is populations tended to have only a limited effect.
socially and economically diverse, with In 2011, the consistent failure of most states
millions of indigenous and African in the Americas to comply with these norms
descendant populations as well as immigrants in good faith, often resulted in non-receipt of
of European, Asian-Pacific and Middle Eastern promised land titles, privatization of communal
ancestry. In 2011, the most disadvantaged and lands, forced removals and inadequate access to
vulnerable continued to be people of African and decision-making processes on the use of their
indigenous origin. This is due to the enduring territories, resources and the resulting revenues.
influence of cultural attitudes, economic policies A specific recurring factor, where large resource
and social patterns established during the earliest extraction and infrastructure projects are being
centuries of colonial expansion. These are still planned or implemented, was inadequate
reflected in contemporary issues such as disloca- compliance or complete circumvention of
tion from traditional lands for large-scale agricul- legally required free, prior and informed consent
ture and natural resource extraction. processes. Activists in countries such as Canada,
During 2011, the strong global competition Ecuador, Guatemala and Peru especially pointed
for diminishing primary resources – including by to the lack of standard national guidelines and
newly industrializing nations – contributed to an mandated procedures that can and ought to
increasing drive to exploit previously untouched be followed by national officials during such
lands, alternative energy sources and untapped consultation processes.
mineral deposits. Significantly, many of these are Added to this reality, indigenous and
located in the often remote areas traditionally African descendant communities in most
occupied by indigenous and African descendant Central and some South American states faced
communities. The result is that during 2011, constricted public investment, limited economic
indigenous peoples and African descendants in opportunities, poor access to social services,
most Central and South American countries high levels of public insecurity and the strong
continued to struggle against attempts to separate influence of organized criminal enterprises. All of
them from their ancestral lands, and in North these challenges were exaggerated by the generally
America fought against efforts to limit their right weak state presence in remote geographical zones,
to control the resources within their territories. as well as by fragile institutions, uneven justice
administration, politicized judicial systems,
Clearly seen but treated hard and continuing high levels of corruption and
In South American countries such as Bolivia, impunity – particularly in Central and South
Chile, Ecuador and Peru, indigenous peoples America. In Central American states especially,
who protested against government decisions to this was reflected in the ongoing militarization
use natural resources for revenue accumulation of civil society and the increasing use of private
were sometimes criminalized. Indigenous peoples paramilitary forces in the service of powerful
and rural African descendants who mobilized to special interest groups bent on the dispossession
defend their interests – in Argentina, Colombia of indigenous and African descendant
and Honduras – were often seen as ‘standing communal lands.
in the way of development’, resulting in their
being not only criminalized by the state but Partial to progress
also threatened, harassed, forcibly evicted and A key element in forcible land alienation during
sometimes even assassinated by non-state agents. 2011 was the continuing drive to expand large-
Constitutional allowances and international scale mono-crop bio-fuel plantations, as well
treaties such as the UN International Labour as the extensive region-wide efforts to increase
Organization Convention No. 169 (ILO 169) and hydrocarbon extraction, mining, and mega-
the UN Declaration on the Rights of Indigenous projects such as dams and highways through
Peoples (UNDRIP), and the Inter-American traditionally held lands. All of these had a direct
Court of Human Rights (IACtHR) standards and also indirect – mostly negative – impact on
developed to safeguard the rights of these indigenous and African descendant communities
Drowning out
Murder of Guarani leader
Large infrastructure projects in Brazil such as
indigenous protests
dam and highway construction have played a
major role in promoting expansion into the
in the Brazilian
Amazon since the 1970s, bringing deforestation
and land-grabbing conflicts, including the
Amazon
invasion of ancestral lands and massacres of
indigenous people.
According to Amnesty International, in early
November 2011 Nísio Gomes, a religious leader
and rights defender of the Guarani indigenous Belo Monte, which translates as ‘Beautiful
group in the south-western Brazilian state of Hill’, is located in the northern Pará state
Mato Grosso do Sul, was made to lie on the of Brazil. Ever since the federal government
ground by some 40 masked gunmen and then publicized its intention to construct a giant
executed in front of his son and community hydroelectric energy facility in the Amazo-
members. His body was taken and three children nian rainforests of Pará, a heated national
were abducted. It is the latest incident in the and international debate has arisen over the
decades-long land dispute between Guarani form, function and implications of the proj-
and local ranchers who – with impunity – ect – especially with respect to indigenous
employ hired gunmen in violent attacks against peoples and the overall environment. The
indigenous people attempting to reclaim ancestral Belo Monte hydroelectric dam project was
lands. The spiritual leader and up to 70 other first proposed back in 1987 by the Brazilian
Guarani had recently returned to their traditional power company Electrobras. Despite its mas-
lands after being evicted by cattle ranchers some sive size, it was intended to be just one unit
30 years ago. of a monumental six-dam Amazon mega-
Based on federal government estimates, there project; however the resulting outcry led to
are over 40,000 Guarani in Brazil. This makes the shelving of the other five plans. In 2005,
them the largest indigenous group in the country. the Belo Monte project was declared a prior-
However in 2011, their existence continued to ity by the administration of President Luiz
be threatened by the extensive patchwork of Inácio Lula da Silva. Dam construction was
cattle ranching, and soya and sugar cane bio- then fast-tracked by the Brazilian Congress
fuel plantations illegally established on their leading to increased overall momentum as
traditional lands. well as the related controversy.
Contention within the government
Uncontacted community itself led to the resignation in late 2009 of
In the Amazon state of Maranhão, Awá, one of two senior environmental agency officials.
the last nomadic hunter-gathering groups left in Brazil’s Federal Public Prosecutor’s Office
the Amazon, now face extinction according to also filed suit to stop the dam. It charged
Survival International. In the 1980s a railway was that the region’s indigenous peoples had not
built through Awá territory to extract massive been consulted as required by the Brazilian
iron ore deposits; loggers, settlers and cattle Constitution (Article 231) as well as by
ranchers soon followed. Survival International Brazil’s obligations under ILO 169 and other
estimates there are currently only about 350 international agreements.
surviving members, more than 100 of whom Upon taking office in 2009, Lula’s
have had no contact with the outside world.
Afro-Colombian
to enjoy a peaceable return.
women defend
Ancestral mining
According to Afro-Colombian activists, the
their heritage
difficulties with inclusion in Law 1448, plus the
lack of social investment in their communities,
as well as ongoing land dispossessions are all
occurring in a developmental environment that
privileges large-scale export-oriented resource ‘I’m really proud of mining, of course. In this
extraction and agro-industries. This is at the region most women are miners, because that’s
expense of traditional economies of self-sufficient how we earn a living to raise our kids. For me
small-scale farming and artisan mining which it’s really unfair, because there are people who
are still practised by rural Afro-Colombian come from other places to occupy our mines.
communities – and in which women play a key I mean, they want to come and take over ter-
role. ritories where there’s mining. The mines should
The Colombian government’s policy of ‘modern be just for people from here, we make our living
efficiency’ is not only encouraging expropriation from mining, and if they come and take the
of community lands for industrial mining. It is fruits of our labour away from us, then what
also specially targeting small-scale low-impact will happen to us? We’d have to leave here, but
community artisan miners with proposed new I think the only way we would leave is in our
legislation to make such practices illegal. coffins.’ Jazmín Mina, an Afro-Colombian
The Colombian Network Against Large-scale woman miner.
Transnational Mining estimates that nearly 40 Afro-Colombians have been carrying out
per cent of Colombian territory is now given small-scale, ancestral mining in the Cauca
as concessions for industrial mining projects by region of Colombia since the days when their
large UK, Canadian and US-based transnationals. emancipated enslaved ancestors settled here in
In 2011, the Afro-Colombian La Toma gold 1637 to mine the gold found in the hillsides.
mining community of northern Cauca – which Today the miners’ descendants continue to
was established in 1637 – continued to resist chip away at the red earth in search of small
land loss and the inroads of giant transnational
industrial gold mining companies such as Below: Jazmín Mina, an Afro-Colombian
AngloGold Ashanti, whose mining practices, miner. MRG/Morris Producciones.
they argue, can cause significant environmental
damage.
According to the PCN, as a result of their fight
to protect their land rights, for the past three years
the Community Council leaders of La Toma have
been facing death threats from local paramilitary
gangs. Nevertheless, in mid-2011, on the grounds
that the Afro-Colombian communities were not
informed or consulted about the impact of the
government’s plan of action on their territories,
Colombia’s Constitutional Court ruled against
the policy of trying to outlaw artisan mining in
favour of intensive industrial extraction. Local
community leaders remained doubtful, as such
big economic interests are at stake.
Guatemala’s
oil-related disaster on record, surpassing the
1989 Exxon Valdez oil tanker spill on the coast
agrofuel
of Alaska as well as the 2010 BP deepwater
rig explosion oil spill in the Gulf of Mexico.
plantations feed
However, in a further example of the long
uphill battle indigenous litigants can face against
land dispossession
powerful resource extraction companies, Chevron
challenged the fine, arguing that lawyers and
supporters of the indigenous groups conspired to
fabricate evidence.
Ever since the Spanish Crown granted colo-
Guatemala nial land titles for what were ancient tradi-
As in other countries in the region, resource tional Maya lands, indigenous communities
extraction also had an impact on indigenous in Guatemala have been involved in a con-
peoples and minorities in Guatemala during tinuous struggle for land rights.
2011. In late December 2011, the Inter- In mid-March 2011, hundreds of
American Commission on Human Rights Guatemalan army and police anti-riot
(IACHR) withdrew an earlier recommendation personnel using live ammunition and tear
to suspend operations at the controversial gas, evicted thousands of residents of 14
Goldcorp Marlin gold mine in the Guatemalan small Maya Q’eqchi’ villages located in the
province of San Marcos. municipality of Panzos, Alta Verapaz, in the
The facility, located near the border with fertile Polochic River Valley. According to
Mexico, has been the subject of an ongoing series the Guatemala Solidarity Project (GSP), the
of human rights-related complaints by indigenous affected Maya Q’eqchi’ – who were regarded
communities. In addition to the IACHR, the as ‘land invaders’ – were given an hour to
ILO’s Committee of Experts and the UN Special gather all their possessions and were not
Rapporteur on the rights of indigenous people allowed to salvage their crops, which were
had also recommended operation suspension close to harvest. Following the government
until local communities are adequately consulted. security crackdown, masked paramilitaries
Moreover, the Canadian mining company’s hired by a privately owned sugar cane
own human rights assessment had also advised company reportedly dismantled and burnt
the company to halt land acquisition and mine hundreds of homes and destroyed crops.
expansion pending community consultations. With nowhere to go, some 800 Maya
According to the NGO Mining Watch Q’eqchi’ families – including thousands of
Canada, just prior to the IACHR ruling reversal, children – were left to camp out in the rain
the Guatemalan government, in conjunction with no shelter or food; many on the sides
with a company-sponsored water committee, of roads. According to local leaders, the
released a hydro-geological study that apparently raids came just one day after a community
contradicted the perceptions of local Mam delegation had met with the big land-owners
Maya communities that the Marlin mine is in a government-negotiated meeting. The
contaminating their local water supply and impending eviction was never discussed.
should be closed. While this can be seen as another clash
Although the report’s lack of impartiality was in the long-running post-colonial struggle
questioned, it seemed enough to prompt the between the indigenous people of the area
IACHR to rescind its decision. In Guatemala, and settler families of European origin, there
environmental impact studies cited by the is now a bio-fuel element involved. At issue is
government are usually financed and contracted
Heavy repercussions
estimated bitumen reserves have been mined to
date. At the projected 2015 production rate of 3
for indigenous
million barrels of oil per day, experts expect the
Athabasca tar sands to keep producing oil for
communities
the next 170 years. This has caused indigenous
communities and environmentalists on both sides
of the Canada–US border to realize the extent
of the challenge that may lie ahead in efforts to
The Athabasca tar sands extraction programme safeguard their rights and continued existence.
in western Canada is the largest industrial proj- Currently, the tar sands produce about 1.5
ect on earth. However, indigenous communities million barrels of crude oil daily. The bulk (97
downstream from its multi-billion dollar opera- per cent) is exported to the US. This has made
tions have called it ‘a slow industrial genocide’. Canada the largest supplier of oil and refined
Currently, indigenous communities in Alberta products to the US, ahead of Saudi Arabia and
and throughout North America are battling Mexico. It has also led to increased interest in
to safeguard their lands, cultures, heritage and the tar sands project among US Native American
health against the hyper-project and its proposed activists and organizations.
transcontinental delivery pipelines. Extraction is costly and destructive. Large-
The tar sands are a mixture of sand, clay and scale strip mining removes the entire surface
heavy crude oil (bitumen) lying under 140,000 layer ecosystem, consisting of old-growth forests,
square km of ancient northland old-growth forest peat marsh and other habitat of importance to
and peat bogs in north-eastern Alberta, Canada. local fauna. This affects animals such as moose
Historically, the tar-like bitumen was used by the and caribou traditionally hunted by indigenous
indigenous Cree and Dene communities to water- communities. According to the Indigenous
proof their canoes. Today the extensive bitumen Environmental Network, the Beaver Lake Cree
deposits are regarded by experts as the second larg- First Nation has experienced a 74 per cent
est source of oil on the planet after Saudi Arabia. decline of the Cold Lake herd since 1998 and a
This has implications for several indigenous com- 71 per cent decline of the Athabasca River herd
munities in the area since the tar sands are located since 1996. Today, just 175–275 caribou remain.
within the traditional indigenous territorial bound- Tar sands extraction also burns huge amounts
aries of Treaty Eight (1899). Besides land tenure, of natural gas. Carcinogenic emissions are
the treaty guarantees local indigenous peoples the released into the air and enter the food chain in
cultural right to hunt fish and trap. an area where hunting and fishing have long been
Once a sparsely populated area of pristine traditional survival activities. The extraction also
northland forest, clean rivers and fish-filled deeply affects the strong cultural identification
lakes, over the past decade the Athabasca delta and spiritual connection which indigenous
– a UNESCO heritage site – has become a communities feel with the earth.
devastated and bare semi-desert of enormous
open-pit mines and huge contaminated tailings Processing
ponds that can be seen in views of the earth from There are issues related to processing as well.
space – not to mention also on the ground by Transforming the extracted bitumen into the
indigenous communities in their vicinity. synthetic crude oil piped to refineries in the US
Four huge oil sands mines are currently and Canada requires large-scale upgrade facilities
in operation and two more are in the initial that also use large amounts of water and energy,
JAPAN
KAZAKHSTAN NORTH
MONGOLIA KOREA
UZBEKISTAN
SOUTH
TURKMENISTAN KOREA
KYRGYZSTAN
TAJIKISTAN
P A C I F I C
Jammu and
AFGHANIS- Kashmir CHINA O C E A N
TAN
PAKISTAN TIBET
Taiwan
NEPAL BHUTAN
NEW ZEALAND
Asia and
Oceania
Nicole Girard, Irwin Loy,
Marusca Perazzi, Jacqui Zalcberg
Central
the country. However, this doctrine is opposed
by nationalist groups, who interpret it as an
attack on ethnic Kazakh identity, language and
Asia
culture.
Language policy is part of this debate. The
government has a long-term strategy to gradually
increase the use of Kazakh language at the expense
Matthew Naumann of Russian, the other official language, particularly
in public settings. While use of Kazakh is steadily
C
entral Asia was more peaceful in 2011, increasing in the public sector, Russian is still
with no repeats of the large-scale widely used by Russians, other ethnic minorities
violence that occurred in Kyrgyzstan and many urban Kazakhs. Ninety-four per cent
during the previous year. Nevertheless, minor- of the population speak Russian, while only 64
ity groups in the region continue to face various per cent speak Kazakh. In September, the Chair
forms of discrimination. In Kazakhstan, new of the Kazakhstan Association of Teachers at
laws have been introduced restricting the rights Russian-language Schools reportedly stated in
of religious minorities. Kyrgyzstan has seen a a roundtable discussion that now 56 per cent
continuation of harassment of ethnic Uzbeks in of schoolchildren study in Kazakh, 33 per cent
the south of the country, and pressure over land in Russian, and the rest in smaller minority
owned by minority ethnic groups. In Tajikistan, languages. In higher education, a slight majority
ethnic Uzbeks have also reportedly come under study in Kazakh and just under half use Russian.
increased pressure from the authorities, often for The number of students enrolled in university
alleged membership of banned Islamist groups. courses taught in Kazakh has quadrupled
Meanwhile, Chinese nationals in Tajikistan have since the early 1990s. However, in September,
reportedly been targeted by new legislation tight- discontent with the speed of language reform led
ening rules on marriage with foreigners, following to a group of intellectuals and opposition leaders
public disquiet over the alleged acquisition of writing an open letter to the President, the Prime
land by China in the country. In Turkmenistan Minister and parliamentary leaders, calling for
the ‘Turkmenization’ policy continues, with removal of Article 7 of the Constitution, which
school children now reportedly required to pro- guarantees that Russian can be used as well as
vide evidence of their ethnic origin for unclear Kazakh in official communications. President
reasons. Finally, in Uzbekistan the challenging Nazarbaev is reported to be categorically opposed
human rights situation continues to affect all eth- to such a change.
nic groups, while the increasing shortfalls in flow A snap election in April saw Nazarbaev
of the Amu Darya River disproportionately blight re-elected with 95.5 per cent of the vote. Two
the ethnic Karakalpak population, who live in its prominent opposition politicians did not take
delta area. part because they failed to pass the required
Kazakh language test. In elections for the
Kazakhstan Majilis, the lower house of parliament, held
President Nursultan Nazarbaev of Kazakhstan on 15 January 2012, about a quarter of the 98
has consistently voiced a desire for inter-ethnic candidates elected by party list appeared to be
accord and tolerance in the country. However, from Russian-speaking ethnic minorities (of
his government continues to tighten its control whom almost half were women). This represents
over religious minorities. Since October 2009, a substantial increase on the previous parliament.
President Nazarbaev has promoted a National A further eight out of the nine representatives
Unity Doctrine put together by the Assembly of appointed by the Assembly of the People of
the People of Kazakhstan – an umbrella body that Kazakhstan were from minority ethnic groups.
represents the interests of minority ethnic groups – Two Assembly-nominated deputies were women,
which stresses the consolidation of a Kazakhstani representing the Slavic and the Tatar-Bashkir
identity drawing on the multi-ethnic nature of communities.
ethnic conflict in
violence in southern Kyrgyzstan have also been
marred by physical attacks on lawyers and ethnic
Kyrgyzstan
Uzbek defendants. Police and other officials have
refused to intervene, and only one investigation
into these attacks has so far gone to court.
Meanwhile, the vast majority of the
crimes committed during the violence, Several violent incidents revived fears of
disproportionately those targeting ethnic ethnic conflict in December 2011. Such
Uzbeks, remain unsolved. Women who have disturbances in rural areas of Kyrgyzstan
been victims of gender-based violence and are caused by a complex range of factors,
often now face serious psychological and health including migratory pressure driven by
problems, feel unable to approach the authorities poverty, and perceived injustice caused by
for support because of their community’s historical disparities between ethnic groups.
conservative traditions, and the hostility of This case study seeks to shed light on these
the overwhelmingly ethnically Kyrgyz police. ongoing tensions.
Prolonged detention of Uzbek men, and When two brawls broke out between
increased outflow of migrant workers to Russia teenagers of Kyrgyz and north Caucasian
from already high levels have led to a rise in ethnicity in the northern Chuy Valley
female-headed households in the city. in December 2011 and January 2012,
Prominent government figures have alleged analysts feared these had the potential to
that support for militant Islamist groups has provoke wide-scale inter-ethnic conflict.
increased among ethnic Uzbeks. However, some There have been various sizeable minority
analysts see the reports as merely a pretext to farming communities that have had
justify further discrimination and persecution relatively good relations with local Kyrgyz
against the minority. neighbours in the Chuy Valley since the
Official approval of some houses that have 1930s. However, the lack of economic
been rebuilt in ethnic Uzbek areas of central viability in remote mountainous areas
Osh remains unclear, as the local government following independence, coupled with
continues to press for implementation of a master a rise in ethnic nationalism, has meant
plan which would see these areas replaced by that Kyrgyz internal migrants from
high-rise buildings. The more inclusive inter- impoverished areas have increasingly
ethnic policies of successive national governments begun to lay claim to such farmland.
have had little sway in recent years in Osh, where Meanwhile, both a parliamentary and a
Mayor Melis Myrzakmatov continues to play to his government commission were established
nationalist powerbase, musing on an independent in January 2012 to investigate clashes
police force for the city and building massive that broke out on 28 December between
monuments to Kyrgyz folk heroes. ethnic Kyrgyz and Tajik in the far south-
The trend of transition from Uzbek- to Kyrgyz- west of the country, which resulted in
language schooling is continuing for many children the looting of Tajik-owned shops and
in southern Kyrgyzstan. This is partly because of the burning of houses. This area has seen
concerns about the quality of Uzbek-language complex migratory patterns in recent years,
education, particularly given the acute shortage of with ethnic Kyrgyz moving away in large
modern textbooks in the language. There are also numbers to find work abroad or in the
few prospects for higher education in Uzbek, after capital, while ethnic Tajiks from across the
the two universities in Kyrgyzstan that taught in
its shores
become increasingly unviable since the 1950s,
when the Soviet Union developed a massive
system of dams, canals and water pumping
stations in Central Asia. Major rivers were
With the retreat of the Aral Sea, thousands diverted to irrigate cotton and other water-
of Karakalpaks have lost their livelihoods and intensive crops in arid areas and deserts. Irrigated
are being forced off their land. land expanded by 150 per cent in the Amu
The shrinking of the Aral Sea by 90 per Darya Basin (primarily in Uzbekistan and
cent and desertification of most of its terri- Turkmenistan) in this period. At this time, most
tory is one of the most visible environmen- ethnic Karakalpaks became farmers, producing
tal disasters in the world over the last fifty cotton, rice and other crops, primarily on
years. While improved water management collective farms.
has led to modest growth in the volume of Since independence, Uzbekistan has made some
Kazakhstan’s northern portion of the sea in efforts to move away from cotton monoculture.
recent years, there is little prospect of similar But the volume of water reaching the sea has
changes in the southern section, which is continued to shrink, as industrial and domestic
surrounded by the Autonomous Republic of use of water also increases. UNEP reports that
Karakalpakstan, a part of Uzbekistan. more than 50 per cent of Amu Darya irrigation
This environmental disaster has had serious water is lost due to lack of canal lining, excessive
economic, social and health consequences for filtration, evaporation and other reasons.
the ethnic Karakalpak population, which is The Aral Sea disaster has destroyed the region’s
native to the region immediately around the fishing industry. In addition, desertification
sea. A 2011 report by the United Nations is under way in much of the surrounding
Environment Programme (UNEP) on the agricultural land. Local climate change, especially
Amu Darya River shed further light on the falling rainfall, is also affecting farmers further
serious social, economic and health impacts afield. A local farmer told RFE/RL in July that the
of the Aral Sea crisis on the Karakalpak situation in the Amu Darya delta is worsening:
population. They have lost their traditional
livelihoods and are being forced to move ‘This is the third time during the last 10 years that
away from the sea to find work and healthier the flow of water has been this low in the Amu
environmental conditions. Darya,’ he said. ‘Things are only getting worse here,
The three largest ethnic groups in and because of this people are abandoning
Karakalpakstan by population size are the village.’
Uzbeks, Karakalpaks and Kazakhs. There
has been no census in Uzbekistan since In addition to the drop in water flow,
1989, but it is believed that the Karakalpak the quality of drinking water in the area is
population is about 500,000–700,000, of deteriorating because of the toxic residues of past
whom the vast majority grew up in this area. over-use of pesticides and defoliants. Exacerbated
Karakalpakstan is one of the two poorest by grossly inadequate levels of health care, this
regions of Uzbekistan, and the Karakalpak has led to rises in kidney, thyroid and liver
population suffers higher levels of poverty, diseases and anaemia caused by reduced iron
unemployment and sickness than their Uzbek absorption, as well as tuberculosis and cancer.
neighbours. Ethnic Karakalpaks, who are Resolution of the Aral Sea problem is
culturally close to Kazakhs, have lived in the complicated by interstate disputes over water use.
Asia
in to replace international troops, particularly in
rural areas. But in a September report, Human
Rights Watch (HRW) warned that such a civilian
defence force could ratchet up ethnic tensions
Irwin Loy if authorities fail to prevent ethnic or political
interest groups from commandeering the process.
The quest to develop natural resources was a A year after US officials announced the
burgeoning issue in many South Asian countries discovery of US$ 1 trillion worth of untapped
during 2011. Authorities face a dilemma when mineral deposits in the country, Afghanistan
pursuing such development: taking advantage made significant moves to profit from its
of natural resources can be a vehicle used to resources. In late December, authorities
pull populations out of poverty, yet in doing so announced they had inked a deal with China
the needs and livelihoods of local populations National Petroleum Corporation to explore for
are often ignored. Across the region, minorities oil in the northern Amu Darya Basin.
and indigenous peoples continued to experience In November, Afghanistan awarded contracts
ongoing conflict throughout the year, in many to Indian and Canadian companies to develop
cases related to land rights and unfettered natural the potentially lucrative Hajigak iron ore deposit
resource extraction. in Bamyan province, home to ethnic Hazara.
But watchdog groups were quick to warn of the
Afghanistan dangers associated with resource development. A
The start of 2011 ushered in a political crisis local civil society organization, Integrity Watch
in Afghanistan, which saw President Hamid Afghanistan said: ‘In the peaks of opportunity,
Karzai locked in a stalemate with the country’s Hajigak Mine can be a source of revenue,
Independent Electoral Commission (IEC) over employment and development, or a curse if not
the results of the disputed 2010 parliamentary [dealt with] properly.’ Afghanistan is a candidate
elections, raising questions about his legitimacy. country for the Extractive Industries Transparency
Ultimately, in August Karzai announced that the Initiative (EITI), and its government has
final authority on election results indeed rested committed itself to EITI’s internationally
with the IEC. recognized transparency principles.
The year marked the start of significant troop Religious and ethnic tensions continued to
withdrawals of NATO forces from Afghanistan. simmer throughout 2011. There were reports
In June, United States President Barack Obama that children from Hindu and Sikh communities
ordered his country’s military to withdraw were forced to drop out of school because of
10,000 troops by the end of the year, with a bullying.
more significant pull-out to occur by mid-2012. In December, a suicide bomber killed at
Other NATO countries made similar plans. least 19 people at a funeral procession. The
But with the reduction of foreign troops, blast went off in Uzbek and Tajik-dominated
there are significant question marks over how Takhar province, where Taliban attacks had been
Afghan forces will perform on their own. Civilian relatively rare until recent years.
casualties in the country continued to soar. Also in December, at least 60 died and another
The UN Assistance Mission in Afghanistan 200 were injured when a suicide bomber struck
(UNAMA) documented 3,021 civilian deaths an important Shi’a shrine in Kabul, in an attack
in 2011, an increase of 8 per cent compared blamed on Pakistani militants. On the same day,
with 2010 and a 25 per cent increase from a bomb detonated near a Shi’a mosque in the
2009. Seventy-seven per cent of the deaths were northern city of Mazar-i-Sharif, killing four. The
attributed to anti-government forces, although attacks coincided with the major Shi’a festival of
critics noted that the tally appeared to exclude a Ashura.
A year of broken
as 25 attacks on places of worship. In one April
incident recorded by Odhikar, supporters linked
promises
to a parliamentarian with the ruling Awami
League party allegedly attacked a Hindu temple
and several homes in central Bangladesh. The
supporters then reportedly attacked local reporters
who had arrived to cover the violence. In ‘My grandfather used to tell me not to go in
February, the Asian Human Rights Commission there,’ the old man points to a wide expanse
said officials in Gazipur District disrupted an of grass where Bengali children are playing
annual convention of Ahmadiyya, even though football, ‘because of the tigers in the forest’.
prior permission had already been granted. He is a member of the Garo community; one
The NGO Bangladesh Minority Watch of Bangladesh’s estimated 46 indigenous or
(BDMW) also recorded several alarming instances Adivasi peoples. He is an activist fighting for
of violence against Hindus, in which girls and his people’s ancestral forests in Modhupur, in
women were targeted. In October, a 15-year-old north-central Bangladesh. And he is losing.
Hindu girl was gang raped and killed. In August, When the Awami League swept to power
BDMW said another Hindu girl was abducted in 2008, their election manifesto included
and then forcibly converted to Islam. unparalleled commitments to Adivasi com-
Bangladesh’s Rohingya refugees continued to munities of Bangladesh, both in the restive
face problems throughout the year. The NGO CHT region in the south-east and in the
Refugees International warned that the Rohingya, ‘plain-lands’. The League promised to imple-
an ethnic minority from neighbouring Arakan ment the 1997 Chittagong peace accord that
(or Rakhine) State in Burma, enjoy few rights brought the 30-year insurgency to an end,
in Bangladesh and are subject to abuse. It is and to secure the plain-lands Adivasis access
believed that more than 200,000 Rohingyas live to their forests and lands. But in 2011, when
in Bangladesh, though most of them are not Bangladesh passed amendments to the Consti-
officially recognized as refugees. The situation is tution that denied Adivasis their right to iden-
particularly troubling for women. The NGO says tity, these promises were severely undermined.
reports of sexual violence against unregistered Communities that live in the CHT and
refugees have increased over the last year. those that live in the plain-lands face distinct
The government has long viewed the Rohingya problems, according to recent research
as illegal migrants. Throughout 2011, Burma by Bangladeshi scholars. The CHT, still
made international headlines as it incrementally under military control, has seen enormous
allows greater freedoms for its citizens. Yet demographic changes over the past 60
Rohingya in Bangladesh remain wary of the years. Following a massive influx of Bengali
reforms and are unlikely to return there soon. settlers as part of a government-sponsored
Women from minority communities were also programme, today Adivasis are a minority
the subjects of deep concern throughout the year in their own land. Over the past 30 years,
in Bangladesh. During a February session, the UN collectively managed land in the CHT shrank
Committee on the Elimination of Discrimination from 76 per cent of the total to 26 per cent.
Against Women (CEDAW) expressed concern Adivasis have lost their land, through forced
about the prevalence of violence against women, eviction and expropriation, to Bengali settlers,
including rape and acid attacks. The CEDAW the forests department and the military.
Committee said minority women often suffer The plain-lands, while not subject to the
many forms of discrimination, yet Bangladesh same degree of military control, constitute
has only limited information or statistics about a far larger area, and indigenous groups are
disadvantaged women and girls.
conflict was at its lowest level in two decades. ‘This land is our
land’ – mining,
Yet violence continued to blight 2011. In May,
rebels killed and dismembered the bodies of
Adivasis
people. At the same time, government forces
also bear responsibility for deadly violence. In
March, security forces in Chhattisgarh state were
accused of killing three indigenous people in
a week of violence that saw almost 300 homes Numbering 85 million, India’s 600
burned, according to Amnesty International. Scheduled Tribes or Adivasis (‘original
Three women were sexually assaulted and 300 people’) are kaleidoscopically diverse and
homes were destroyed and looted. Amnesty make up nearly a quarter of the world’s
also deplored the killings of 25 Maoist suspects, indigenous peoples. Concentrated in an
including 10 indigenous people, in Odisha area of central and eastern India that
during the early part of the year. Police have stretches from Maharashtra to West Bengal,
claimed the suspects were armed combatants, many tribal groups share their homelands
though rights activists dispute this. with some of the most significant mineral
The government’s handling of the Maoist deposits in the world – resources which have
insurgency is critical to minority rights. While attracted increasing interest in recent years,
the rebels claim to represent some of India’s most precipitating mass displacement, worsening
marginalized, including Dalits and indigenous poverty and fuelling one of the world’s
people, it is often these communities that get longest-running conflicts.
caught up in the violence. A positive move came Adivasis are by far the most vulnerable
in 2011, when the Supreme Court declared that and marginalized socio-economic group in
the Chhattisgarh state authorities should disarm India; gaps in poverty, literacy and mortality
and disband the notorious Special Police Officers between tribal and non-tribal groups are
(SPOs), also known as ‘Salwa Judum’ or ‘Koya widening, despite the economic changes
Commandos’. The poorly trained militias are sweeping India. These challenges have been
alleged to have committed serious human rights compounded in recent years by the arrival of
violations. global mining giants, for whom governments
Across the north-east, including Assam have used the colonial Land Acquisition
and Meghalaya States, a worrying scarcity of Act of 1894 to forcibly displace millions
communal land in the area is one of the drivers from their ancestral lands. This deepening
of what has become a rarely reported ethnic poverty and alienation have fuelled the
conflict. According to a report by the Internal decades-old Maoist-Naxalite insurgency, with
Displacement Monitoring Centre and the the 100,000-strong militia consolidating
Norwegian Refugee Council, almost 50,000 its grip in areas of weak government, high
people were displaced during violent clashes malnutrition and mass displacement. The
between the Rabha and Garo peoples as the year government’s security response has in turn
began. Monitors say at least 76,000 remained brought an influx of personnel and weapons
homeless as of November 2011. into the region. With poor accountability
Dalits and indigenous people continue to suffer and an often blurred boundary between the
from the poorest health statistics in the country, counter-insurgency mandate and broader
caused by poor sanitation and inadequate access economic imperatives, civilian populations
to safe drinking water and health care facilities,
South
government report released last year found that
nearly one-third of families returning to the
Tamil north are headed by women. One Jaffna-
East Asia
based organization, the Center for Women and
Development, estimated there were now 40,000
widowed female-headed households in the area –
a figure that excludes women whose husbands are
missing or detained by the government. Nicole Girard
This has resulted in a precarious situation
for Tamil women. In a December briefing, the Across South East Asia, minorities and
International Crisis Group said there has been an indigenous peoples are struggling to protect
alarming increase in gender-based violence within their lands, livelihoods and way of life. In
the community. Women have been forced into Mindanao in the Philippines, Indonesia’s Papua,
prostitution or trafficked abroad. At the same and ethnic minority regions of Burma, control
conflict in Burma
in many of the projects, but Burma has also
signed agreements with Thailand, Bangladesh
and India. The dams are expected to bring
revenues of US$ 4 billion for the Burmese
‘The soldiers came to my house and said, government. But according to Sai Sai of the
“Starting now you cannot grow on the Burma Rivers Network, the dams will not
farms near the river,” and I asked him improve the lives of Burma’s ethnic nationals:
back: “Why?” He gave the reason that ‘These mega-dams are fuelling further conflict,
they will build the dam in that area. not benefiting the people of Burma,’ he said.
They confiscated the land from my farm,
it was about 18 acres.’ Loss of land, loss of life
The dams are proceeding without any proper
On 30 September 2011, President Thein consultation with ethnic minorities and
Sein announced an indefinite halt to indigenous peoples, and, for the indigenous
construction of the 6000-megawatt communities, without their free, prior and
Myitsone dam, on the Irrawaddy River informed consent. Compensation for their loss
in Kachin State, saying that public of land and livelihoods has been inadequate.
opposition to the Chinese-funded dam In Karenni State, power plant-related
was overwhelming. development and militarization of the area saw
Perhaps the game has changed since the 114 villages flooded; 12,000 people displaced;
military rulers stepped into their civilian an estimated 18,000 landmines planted; local
roles. But many remain sceptical. ‘We do communities subjected to forced labour,
not trust what the President has said about sexual violence and extra-judicial killings;
suspending the Myitsone dam,’ said a and prioritized water scheduling leading to
local affected by the dam, ‘we can see the crop destruction. Eighty per cent of the local
workers and dam construction machines population still has no access to electricity.
still at the site.’ For local communities, For years, the Burmese government has
the stakes are high. The dam will displace used anti-insurgency military operations to
around 15,000 people, mainly ethnic clear areas for dam projects. In 1996, for
Kachin who revere Myitsone as the example, fighting in central Shan State led
birthplace of their culture. to the displacement of nearly 60,000 people,
Currently, the Myitsone dam has only clearing the area for the Tasang dam on the
been halted until 2016, when Thein Salween River. Since 2005, some 25,000
Sein’s term in office ends. But even if it people in Karenni State have been forced by
is permanently shelved, it is only one of military offensives away from the Weigyi and
48 dams currently in various stages of Hatgyi dam sites. More recently, in the case
development in Burma. Twenty-five of of the Shweli dams in Karenni State, villagers
these are ‘mega-dams’, with a capacity were ordered off their land by the military
comparable to the Myitsone. and given a three-year ‘grace’ period, with
Most of the large dams are located in some small compensation. ‘The Government
ethnic minority areas and many are in said it will give half the worth of land and
conflict zones. The fighting that broke property as compensation, but I absolutely do
a 17-year ceasefire with the Kachin not believe that they will,’ one man from the
Independence Army (KIA) in June Molo village said.
Cambodia’s Kuy
(CPP) under Prime Minister Hun Sen has been
accused of interfering with the proceedings and
‘our forest’
to justice will be an important step for the
Cambodian judiciary to prove its effectiveness
in addressing a grave historical wrong. It could
also be significant for minorities, including the
ethnic Vietnamese and Cham Muslims, whose I am Mao Chanthoeun, a Kuy, from Chaom
persecution as part of the larger aims of the Svay Village near Prey Lang forest in
Khmer Rouge could in itself constitute genocide. Kampong Thom, Cambodia.
Civil society faced direct attacks, including new I was born here about 30 years ago. My
laws which were introduced or drafted during parents and grandparents were also born here.
2011, according to a report published by the We’ve always been dependent on Prey Lang,
Cambodia League for the Promotion and Defense which in Kuy means ‘our forest’.
of Human Rights (LICADO). These included When I was young, the forest was large and
an anti-corruption law, a draft trade union law, thick. Prey Lang gave us food, medicines, and
and a draft law on associations and NGOs. housing materials. We collected resin for sale.
Individuals working to defend the rights of Since resin trees can be tapped for generations,
indigenous peoples continued to be threatened by this was sustainable. We lived happily.
the Cambodian government in 2011, in particular In 2002, we learned that Cambodia’s
those combating land-grabbing by corrupt forests were being destroyed. Our forest was
officials. By the end of the year, Human Rights threatened. We fought back. With hundreds
Watch (HRW) estimated that at least 60 people of other Cambodians, we protested against
were imprisoned or awaiting trial for protesting logging concessions and they were suspended.
against forced evictions and land-grabbing. We had a time of peace. Our communities
The government continues to grant large agreed rules to preserve the forest. This
economic land concessions (ELCs) for hydro- became harder over the years. Poaching and
electric projects, mining and agricultural illegal logging took their toll.
plantations. Land concessions are granted, often In 2009, rubber companies came, first to
in an illegal way, over community land, and build roads and then make plantations. We
with no regard to national laws that require don’t know why they would grow rubber
public consultations and environmental impact here; the soil is not good. We think they
assessments, or laws that stipulate that state want to profit from logging.
concessions cannot be granted in forested areas. We began organizing our Network in 2007.
Prey Lang forest, home to Kuy indigenous The Prey Lang Community Network has
people, who depend upon it for their sustenance members in all four provinces straddled by the
and livelihoods, is a case in point. Peaceful forest. I’ve been a community representative
community and civil society efforts to protect for six years. We’ve petitioned the government
it have been curtailed by the authorities in a to protect Prey Lang, cancel agro-business and
conflict that escalated throughout the year. mining concessions, and rehabilitate cleared
Government officials have recognized this areas. We also want the government to recog-
large primeval forest as an important area for nize us as Prey Lang’s co-managers.
conservation, but according to the Prey Lang We conduct local patrols to try to stop
Network, a local activist group, more than illegal activities. We also went to the capital
40,000 hectares of the forest have been granted city to call on the country to help us. To get
for rubber plantations, while 27 exploration
The campaign
certification of land-ownership, often lacking in
the case of indigenous communities. A coalition
against
of Indonesian NGOs says the bill is a direct
threat to the rights of indigenous peoples and is
destructive palm
likely to increase conflict over land.
Indigenous communities struggling to
oil plantations
secure their right to land won a small victory
in September, as two articles of the 2004
Plantation Act were dropped after being declared
unconstitutional by the Constitutional Court for
discriminating against indigenous farmers. The The rapid expansion of palm oil
articles, which prohibited damaging plantation plantations in South East Asia is being
land or equipment, or preventing plantation driven by rising global demand for
business have been used to imprison and fine edible oils and bio-fuels. Thailand and
hundreds of people who have protested against the Philippines have a burgeoning palm
corporate grabs of ancestral lands, especially by oil industry, plantations have been
palm oil companies. established in Cambodia, and Vietnam is
However, in October, the Indonesian exploring the possibility of cashing in on
government curtailed the legitimate activities this crop.
of rights defenders by passing the long-debated Malaysia and Indonesia are the top
Intelligence Bill – giving law enforcement power producers of palm oil in the world, and
to spy on civilians to protect ‘national security’. in these countries the industry fuels land
Military documents exposed by HRW in 2011 dispossession and loss of livelihoods for
suggest that unlawful military spying on peaceful indigenous peoples. Global consumption
activists in Papua is commonplace. of processed palm oil more than doubled
In Papua, the government failed to make any over the last ten years, with demand
progress towards implementing the rights granted increasing mostly in China, India and
to the province under the Special Autonomy Eastern Europe. Large-scale production
Law of 2001. At least three people were killed in in Malaysia and Indonesia started in the
October by security forces during the Third Pap- late 1980s and rapid expansion between
uan People’s Congress, a peaceful gathering of 2007 and 2010 has devastated bio-diverse
indigenous Papuans demanding a referendum on rainforests, replacing them with mono-
independence from the Indonesian state. Security crop ‘green wastelands’.
forces have yet to be held accountable. Six indig- Millions of hectares of land have
enous Papuan men were charged with treason, been swallowed by these plantations:
adding to the approximately 40 existing Papuan an estimated 4.6. million hectares in
political prisoners, according to the AHRC. Malaysia, and 9.4 million in Indonesia.
Cases of torture, arbitrary detention and military Both countries intend to continue
operations continued to be reported during 2011 increasing the amount of land dedicated
in the provinces of Papua and West Papua. to palm oil. In Malaysia’s Sarawak state,
Indonesian military and special police forces the government plans to double the area
conducted massive counter-insurgency ‘sweeping’ devoted to palm oil while Indonesia plans
operations aimed at suspected Free Papua to double its palm oil production to 20
Organization (OPM) separatists in the central million hectares by 2020. This expansion
highland area of Panai, West Papua. The Jakarta will continue to be driven by large estates,
Post reported that at least 500 people had fled rather than independent smallholders.
from Dagouto village since raids in November.
Asia’s Commission
tightly controlled one-party state.
Vietnam officially recognizes 54 ethnic
on Human Rights
groups, among whom the majority ethnic Kinh
make up 86 per cent of the population. Ethnic
minority and indigenous groups have significant
populations in the northern highlands, central
highlands and the Mekong delta region – The establishment of the ASEAN Inter-
including Hmong, Khmer, Muong, Tay and governmental Commission on Human
Thai. In the central highlands, in Gia Lai and Rights (AICHR) on 23 October 2009
Dak Lak provinces in particular, about two dozen marked a momentous achievement for
indigenous groups collectively self-identify as human rights in the region. But there is no
Montagnards, many of whom are also Protestant explicit mention of the rights of indigenous
Christians. peoples and minorities in its mandate and
Vietnam’s central highlands are rich in natural civil society organizations continued to
resources, including bauxite. In September, a push to include these rights in the draft
Chinese-backed bauxite mine in Lam Dong ASEAN Declaration on Human Rights.
province began operations, despite unusually high The AICHR has been criticized for
levels of public criticism about environmental getting tied up in procedural issues, failing
consequences and Chinese involvement. Bauxite to consult with civil society and for being
is a mineral used to produce aluminum, and, unable to receive information officially
with the third largest reserve of bauxite in the from civil society groups about severe
world, the government has shown little regard human rights violations. There is also
for the concerns of central highland peoples, concern about the independence of the
including over potential contamination of water commissioners, inadequate resources and an
resources as well as adverse impact on crops. unclear protection mandate.
Land in Vietnam is state-owned – with There is no specific mechanism for the
individual land use rights – and can be protection and promotion of minority
re-appropriated for state interests. With or indigenous peoples’ rights within the
forests and mineral-rich lands in minority and AICHR. Civil society groups created an
indigenous areas, state land confiscation can Indigenous Peoples Task Force in order
have a devastating effect on these communities. to lobby and inform ASEAN and its
In her January 2011 report on her official visit relevant bodies, particularly to establish a
to Vietnam in 2010, the Independent Expert focal person for indigenous issues and to
on Minority Issues, Gay McDougall, noted establish an ASEAN Working Group on
the massive resettlement caused by the Son indigenous issues.
La hydropower plant, where 91,000 people The team drafting the Declaration on
belonging to ethnic minorities were relocated Human Rights was formed by the AICHR
by 2010 – the largest resettlement programme and was expected to present its first draft
in Vietnam’s history. Ten different groups have in January 2012. The drafting process has
been affected, the majority being ethnic Thai. been held largely behind closed doors and
The Vietnam Union of Science and Technology the terms of reference have not been made
Associations reported: ‘[R]elocation is breaking public. p
down existing social structures and community
relationships and creating trauma for minority
groups … Most are left without any agricultural
land.’
In May, seven land rights defenders, some of
East Asia
government. In July, police arrested three
Catholic activists as they returned from a
conference abroad. Twelve more religious
activists were arrested by the end of September,
the majority of whom were later charged with Marusca Perazzi
‘subversion’. In December, Nguyen Van Lia,
a 71-year-old who has raised international China
awareness about the situation faced by fellow- The year 2011 revealed unmistakable signs of
members of the Hoa Hao Buddhists, was ferment and frustration in Chinese society.
sentenced to five years in prison for distributing Unsettled by the pro-democracy Arab Spring
‘anti-government’ propaganda. uprisings and the country’s scheduled leadership
Vietnamese authorities continued to use transition in October 2012, the government
violence and intimidation in the central launched the largest crackdown on human
highlands and north-west provinces, especially rights lawyers, activists and critics in a decade.
against Protestant ethnic minorities and others This resulted in tightened internet censorship,
conducting ‘unsanctioned’ religious practices. persecution of high-profile critics, and an
Since the state restricts foreign media in these increasing number of forced disappearances and
areas, it is difficult to get a clear picture. HRW, arbitrary detentions.
however, reported that thousands of Hmong During 2011, the Chinese government
Christians began protesting in the north-west continued to limit religious practice to officially
province of Dien Bien at the end of April. approved religious institutions. There was a
This was met by a violent response from the continued crackdown on unregistered religious
military, with unconfirmed reports of numerous organizations, including underground Christian
deaths and injuries. According to the BBC, the groups. In April, the government pressured a
protesters demanded more religious freedom, Beijing landlord to evict the Shouwang ‘house
secure land rights and greater autonomy. church’ with 1,000 congregants from its location
Unrest over land rights and the struggle for in his restaurant. Consequently, services were
religious freedom in the central highlands during held outdoors attracting police attention and
the last decade has made the area a security resulting in the temporary detention of more
concern for the government. In a 2011 report, than 100 of its members. Thousands of Falun
HRW detailed how security forces have used Gong spiritual practitioners, members of a
violence, arbitrary arrest, imprisonment and group targeted by the authorities, continued to
torture, as well as forced public renunciations face intimidation, harassment and arrest. The
Mining Tibet
protest continued.
Further protests broke out when another
herder was killed by an oil truck in a similar
incident in October. This prompted the
government to tighten security and cut off Gold
internet and mobile-phone access to large parts of Tibetans call the Plateau of Tibet ‘the land
the region, according to the Southern Mongolian surrounded by mountains’. Among the massive
Human Rights Information Center (SMHRIC). mountain chains, a few peaks are especially
Mongolian herders continue to complain that sacred, attracting pilgrims from afar. In rugged
their traditional grazing lands have been ruined eastern Tibet, nowhere is as sacred as the hidden
by mining, that widespread desertification is land of Kawa Kharpo.
turning the grassland to dust, and that the The sacred Kawagebo mountain sits on
government has forcibly relocated them into the border between the Tibetan Autonomous
settled houses. Region and China’s Yunnan Province; its
eastern side is part of the Three Parallel Rivers
Tibetan autonomous areas area, a UNESCO World Heritage Site. In
The situation in the Tibet Autonomous Region, February 2011, a small gold-mining operation
and other Tibetan autonomous areas of Qinghai, started near the village of Abin, which is on
Sichuan, Gansu and Yunnan provinces grew the western side of Kawagebo, along the path
increasingly tense throughout 2011. Since the of an 800-year-old pilgrimage route that circles
brutal crackdown on protests that swept the the mountain, attracting tens of thousands of
plateau in 2008, Chinese security forces have Tibetans annually.
maintained a heavy presence. Large numbers In 2012, Tibetan villagers, acting out of
of Tibetans, including intellectuals, monks and reverence for the holy peak, attempted to stop
farmers, have been imprisoned, and monasteries, the operations of a Chinese mining company.
seen by the Chinese government as the focus of The response was threats and violence from
dissent, have been subject to intensified controls company representatives, then harassment and
and political pressure. Tibetans are increasingly arrests by local police. On two occasions, men
economically marginalized, as development has armed with wooden sticks with nails reportedly
brought an influx of majority Han Chinese into attacked villagers, injuring more than a dozen.
Tibetan regions; the newcomers dominate the job After efforts to negotiate with the local
market, and local businesses as well as culture. government failed, villagers pushed US$
During the second half of the year, there was 300,000 worth of mining equipment into the
a wave of self-immolations mainly involving Nu River. A leader of the group was arrested,
Buddhist monks and nuns across eastern Tibet. but later released when 100 villagers surrounded
In March, a monk from the Kirti monastery in the local police station where he was being held.
the Tibetan Ngaba region of Sichuan province A few months later, however, mining resumed
set fire to himself in protest against Chinese rule and tensions grew. Harassment, death threats
and the ongoing repression of Tibetan religious and attacks on villagers increased, and some
and cultural identity. In August, local authorities women and children fled to other villages to
imposed heavy prison sentences on three Tibetan escape the violence.
monks who had assisted him. Ten more Tibetan On 20 January 2012, a village leader who
monks and one nun had self-immolated by mid- had tried to confront the mining company was
November, all expressing their desperation in arrested by local police. Some 200 community
the face of ongoing repression. By March 2012, members surrounded the police station,
a reported 30 Tibetans had set themselves on resulting in violence and injuries on both sides,
fire in Tibetan areas of China to protest against
Oceania
girls, with rates of abuse and rape in the Pacific
among the highest in the world.
Fiji
Jacqui Zalcberg Fiji has suffered four coups and a military
mutiny since 1987, mainly as a result of
Oceania is made up of some of the most tension between the majority indigenous Fijian
ethnically diverse populations in the world. population and an economically powerful
While Oceania is not often associated with large- Indian minority. Over five years have passed
scale resource extraction, the region is gaining since the most recent 2006 coup d’état by
increasing attention for its natural resources. For Commodore Josaia Voreqe Bainimarama, who
the small island states of Oceania, the sea remains has since assumed the post of prime minister.
a key resource, and many of the subsistence During this time, Fiji’s military government has
needs of the peoples of the region, including been heavily criticized for its infringement of
food security and livelihoods, are underpinned rights to free speech, press, peaceful assembly,
by marine resources. The explosive growth of and association. However, Bainimarama lifted
Asian fish markets has put increasing pressure on martial law in January 2012 and indicated that
Pacific marine resources and is affecting people’s consultations on a new constitution would
livelihoods. This has been compounded by the begin shortly thereafter, with a promised return
impact of climate change, where higher sea to democratic elections within the next two
temperatures have led to loss of marine habitats years. He has stated that it was a priority to
which also impact on the fish and shellfish that end ethnic tensions, and to put an end to a
support many coastal communities in the region. system that classifies Fijians based on ethnicity.
Moreover, the rise of China as an economic Regulations introduced when martial law was
power coupled with the high global demand lifted raised fears that government critics could
for mineral resources has contributed to the still be silenced.
accelerated pace of exploitation of previously
untouched natural resources in the region. For Papua New Guinea
example, a Chinese corporation is building its With more than 800 indigenous tribes and
first large nickel mine in Papua New Guinea. languages, Papua New Guinea has the most
However, in many instances the economic diverse indigenous population in the world.
benefits of these large-scale extraction projects Papua New Guinea is also one of the poorest
have not properly benefited the indigenous countries not only in Oceania, but in the world.
peoples in whose lands, waters and territories The country faces some serious obstacles to
these resources are found. Typically, weak development, with some of the worst health and
Pacific island governments have allowed foreign education outcomes in the region, driven by high
A T L A N T I C FINLAND
O C E A N NORWAY
SWEDEN
RUSSIA
ESTONIA
LATVIA
IRELAND UNITED DENMARK
KINGDOM LITHUANIA
Kaliningrad
(Rus.)
BELARUS
NETHERLANDS
GERMANY POLAND
BELGIUM
LUXEMBOURG
SLOVAKIA
FRANCE LIECH. AUSTRIA MOLDOVA
SWITZERLAND
HUNGARY
SLOVENIA
ROMANIA
CROATIA
BOSNIA GEORGIA
ANDORRA SAN MARINO SERBIA
PORTUGAL AND HERZE. B L A C K S E A
MONACO MONTENEGRO AZERBAIJAN
CYPRUS
Europe
Katalin Halász
T
he year 2011 marked the tenth anniver- Right: Migrants from Libya, being transported
sary of the 11 September 2001 attacks to Lampedusa, Italy. These people were among
on the United States. These al-Qaeda almost 500 people rescued from a skiff in the
attacks and subsequent incidents in European Mediterranean Sea. UNHCR/F. Noy
cities, with bombings in Madrid in 2004 and
London in 2005, fuelled fears that immigrants from wearing the garment. These measures not
and ethnic, religious and linguistic minori- only stigmatize minority women but also risk
ties could present a security threat in Europe. effectively excluding them from access to essential
European policy-makers responded by tightening social services.
immigration laws and imposing stricter controls An event shook the continent on 22 July,
over newcomers. New or strengthened when two attacks – in the Norwegian capital
anti-terrorism laws have had profound implica- of Oslo and on the nearby tiny island of Utøya
tions for migrant and minority communities. – claimed the lives of 77 people. As it emerged
The events of September 2001 also served that the perpetrator of the gruesome massacre,
to compound existing Islamophobia. Right- Anders Behring Breivik, had links to extreme
wing commentators have ramped up fears in right-wing groups, the European Union’s
recent years, amid growing economic and social (EU’s) Fundamental Rights Agency (FRA) and
problems caused by the global recession. The EU politicians warned against xenophobia and
European Network Against Racism (ENAR) and growing intolerance in Europe.
other human rights groups used the anniversary The far right continues to grow across Europe,
to appeal to European countries to move away espousing an ideology that openly embraces hard-
from the politics of fear and acknowledge line nationalist, anti-immigrant and xenophobic
human rights abuses committed during the rhetoric. In some EU countries – such as
so-called ‘global war on terror’. In May, Council Sweden, Finland, Hungary and the Netherlands
of Europe Commissioner for Human Rights – far-right parties have experienced sudden
Thomas Hammarberg voiced his concern that the electoral successes in recent years. However, in
official responses to the attacks have undermined other countries, such as France, Italy, Austria,
human rights in Europe, while at the same time Denmark and Switzerland, where they are an
he called for respect to be paid to those who established part of the political architecture, far-
lost their families and friends. Islamophobia right parties have experienced varying degrees of
continues to rise. According to figures released by electoral support in 2011.
the French Interior Ministry, 115 cases of attacks In France, Marine Le Pen, the daughter of
and harassment against Muslims were reported to Jean-Marie Le Pen took control of the 38-year-
police in France in the first nine months of 2011; old National Front party in January 2011 and
the Muslim umbrella group, Conseil Français recorded increased support in the first round of
du Culte Musulman (CFCM) commented that the 2012 presidential election. Swiss and Danish
the figure was probably a gross underestimate far-right parties lost ground in the 2011 national
since many cases go unreported. CFCM feared elections, showing a positive shift away from their
that these figures will increase ahead of the 2012 decades-long influence on mainstream politics.
general election, as the main political parties But in Germany and in the Czech Republic,
remain divided in an ongoing national debate extremists and neo-Nazi groups took to the
on secularism and the place of Islam in French streets. In May 2011 around 150 neo-Nazis
society. tried to march through the mainly alternative
In April 2011, France became the first country district of Kreuzberg in Berlin. Participants in
in Europe to ban wearing a full-face veil, the march chanted ‘Wahrheit macht frei’ (‘The
burqa or niqab, in public, which some Muslim truth makes one free’) – a slogan resembling the
women regard as a religious duty. In July, a law one at the gates to several Nazi concentration
banning the full-face veil also came into force in camps, such as Auschwitz and Dachau, ‘Arbeit
Belgium; and in February the central German macht frei’ (‘Work makes one free’). In Dresden
state of Hesse forbade public sector employees 17,500 protested against the annual neo-Nazi
Corporate abuse
representatives of the Roma community, local
politicians and police authorities. He said that
Baku–Tbilisi–
Forced sterilization of Roma women remains
an unresolved issue in some countries. Roma
Sami rights to
and social insurance payments.
The legal requirements for acquiring Greek
culture and
citizenship have changed to allow second-
generation migrants who were born in the country
natural resources
or have studied in Greece for six years to apply
for Greek citizenship. Further legislative changes
have made it easier for long-term residents
to vote and stand in local elections. Another
initiative established local integration councils In January 2011, James Anaya, the UN Spe-
that act as consultative bodies for migrants. As cial Rapporteur on the rights of indigenous
the Greece Section of ENAR has commented, peoples, issued his report on the human
these developments were positively received by rights situation of the Sami indigenous peo-
civil society and migrant communities, but there ple living in the Sápmi region of Norway,
is still concern over whether these reforms will be Sweden, Finland and Russia. A semi-nomadic
implemented effectively. people, who rely on reindeer herding, hunt-
Social tensions increased between the ing, gathering and fishing, the Sami are
majority population and minority and migrant united by a common identity and linguistic
communities throughout 2011, according to and cultural bonds.
ENAR-Greece and HRW. The number of racist Reviewing the situation of Sami in the
incidents and hate crimes against minorities Nordic countries, the Special Rapporteur
and migrants has increased with the rise in the concluded that they do not have to deal with
number of migrants and asylum-seekers over past many of the socio-economic concerns that
decades. The economic crisis has exacerbated commonly face indigenous peoples throughout
already existing xenophobia, Islamophobia and the world, such as serious health problems,
anti-Semitism in Greece. Local media often extreme poverty or hunger. In particular, the
associate migrants – and especially Muslims of governments of Norway, Sweden and Finland
different ethnic backgrounds – with crime and each pay a relatively high level of attention to
criminality, ENAR-Greece pointed out. Far-right indigenous issues, at least in comparison to
groups, such as Golden Dawn, with xenophobic, other countries. However, more remains to be
nationalist and anti-immigrant agendas are done to ensure that Sami people can pursue
gaining popularity. their right to self-determination and their right
On 6 December 2011, the government to natural resources.
proposed a draft measure to tighten Greek laws The Sami population is estimated to be
on speech that incites hatred, discrimination or between 70,000 and 100,000 in northern
violence, in line with EU rules on hate speech. Europe, with about 2,000 living in the
In the same month, HRW issued a report on Russian Kola Peninsula. Of the three Nordic
increased racist violence in Greece, welcoming countries, Finland hosts the smallest Sami
the trial of three people who assaulted an Afghan population of about 9,000. The first elected
asylum seeker in Athens in September 2011. Sami body within any of the Nordic states
This was the first trial of its kind since 1999, was the Sami Delegation (Sámi Parlamenta)
even though racist violence in the capital has in Finland, established in 1972, and now
increased in recent years, reaching alarming replaced by the Finnish Sami Parliament
proportions in 2011. As HRW stated, this case (Sámediggi). There are now Sami parliaments
is just the tip of the iceberg in the crisis-torn in all three Nordic countries, with varying
country, where the police and state authorities degrees of authority, as well as the regional
remain tardy and ineffective in responding Sami Parliamentary Council.
properly to racist violence.
ISRAEL/OT/
Palestinian Authority
EGYPT JORDAN
IRAQ
KUWAIT
IRAN
QATAR
U.A.E .
OMAN
YEMEN
A R A B I A N
S E A
Middle
East and
North
Africa
Doreen Khoury
V
ery few seasoned observers of the Right: A crowd of Coptic women leaving a
Middle East and North Africa could church service in Egypt during a Coptic Moulid
have predicted the wave of uprisings of Mari Girgis, a religious festival celebrating the
that spread throughout the region in 2011. life of Saint George. James Morris/Panos.
The self-immolation of Tunisian street vendor
Mohamad Bouazzizi on 17 December 2010, the of 2011 had entered its ninth month, was,
event which triggered the Arab Spring, was a according to some observers, in danger of
desperate cry for dignity in a repressive state and erupting into a sectarian civil war between the
symbolized the plight of many citizens in the regime, led by the Alawite Assad family, and the
region. Young people in particular, who led the Sunni-led opposition.
revolutions, felt disenfranchised and disconnected The situation of minorities in other Arab
from the decades-old obsolete state ideologies countries did not improve in 2011. In Saudi
which had failed abysmally to provide employ- Arabia, persecution of the Shi’a minority
ment, social mobility and prosperity. escalated, as the kingdom feared that shockwaves
Future prospects for minorities in the region from demonstrations in Bahrain would spill over
became a much discussed topic, especially onto its own soil. Iran’s numerous minorities,
following the tragic outcome of the Maspero despite inhabiting regions rich with natural
demonstrations in Cairo on 9 October 2011, resources, continued to experience high rates of
during which Coptic Christians, who were unemployment, poverty and health problems
protesting against the destruction of a church in because of weak infrastructure and poor
Aswan, were attacked by the Egyptian army, with government investment in their regions.
up to 27 protesters killed. Maspero symbolized Across the region, minorities have suffered
the current predicament of minorities after the from the confiscation of their land and property,
Arab Spring: will the prejudices and identities of and the degradation of their surrounding
the old order continue to dominate or will public environment due to development projects,
space open to allow minorities to express their irresponsible agricultural methods as well as a
culture and enjoy full political participation? general lack of government response to climate
As 2011 drew to a close, the prospects did not change. Minorities whose livelihoods have been
look particularly promising. In Egypt, Coptic negatively affected by these problems have
Christians continued to suffer violent attacks on received little or no help from their governments,
their property and churches by Islamists while the as this chapter will show.
Supreme Council of the Armed Forces (SCAF) The Arab Spring is an ongoing process, where
that replaced ousted President Hosni Mubarak the relationship between citizens and the state is
repeatedly failed to hold perpetrators to justice. still being redrawn and negotiated. While the old
The victory of the Muslim Brotherhood in the Arab nationalism may be waning, more inclusive
Egyptian elections has also caused concerns national identities in the region – one more
that non-Sunni minorities will face further accommodating to minorities and not defined by
discrimination and repression of their religious a dominant religion, ethnicity or language – has
and cultural rights. yet to form. The full political, social and cultural
In Libya, the effect on minorities of the six- integration of minorities in Arab countries will
month conflict by the Libyan rebels to unseat be a major litmus test of the success of the Arab
Muammar Gaddafi has been mixed. While Spring.
Libya’s Amazigh minority, also known as Berbers,
liberated their lands from Gaddafi’s hold and are Egypt
enjoying freer cultural and linguistic expression, The Egyptian revolution began on 25 January
sub-Saharan Africans and Libyan Tawerghans 2011 when protests erupted throughout Egypt,
have suffered severe discrimination and violence focusing on the symbolic Tahrir Square in Cairo,
at the hands of the former rebels and many and eventually led to the resignation of President
continue to be detained. Hosni Mubarak after 20 years of authoritarian
The Syrian revolution, which by the end rule. And at the end of 2011, the revolution was
a river: government
Thousands of Azeris in the cities of Tabriz and
Urmia depend on the lake for their livelihoods,
neglect in Iran
especially for ecotourism, irrigation and salt pro-
duction. The shrinking of the lake has already
affected tourism and regional investment has
dropped significantly. Proposals made by the Irani-
Azeris, Lake Urmia an government to save the lake have been dismissed
Azeris in Iran have joined together to protest by activists and experts as short-term measures. For
against dam construction on Lake Urmia’s example, rather than launching a cloud-seeding
tributaries that is destroying the region’s programme to increase rainfall and supply the lake
ecological and economic resources. with remote sources of water as the government
Lake Urmia, a UNESCO Biosphere Reserve, proposes, activists argue that releasing the water
is situated between the East and West Azerbai- held behind dams would be far more effective in
jan provinces and is one of the largest salt lakes the long run. But for years, the Iranian government
in the world. But over the past 15 years it has has chosen to ignore the problem and shirk respon-
shrunk by 60 per cent due to the construction sibility, instead blaming global warming.
of 36 dams on the lake’s tributaries, prolonged
drought, and the construction of a major Ahwazi Arabs and the Karoun River
highway bisecting the lake to connect the cities In 2011, the World Health Organization declared
of Urmia and Tabriz. The region now faces a that Ahwaz City, the capital of the Khuzestan
growing ecological disaster, with serious nega- governorate, was the most polluted city in the
tive consequences on Azeri communities whose world, with high asthma levels among children and
livelihoods depend upon the lake. teenagers due to industrial waste and emissions.
In April 2011, Azeris gathered to protest in Industrial pollution has damaged the natural
Urmia and Tabriz, calling on the government environment, and marshland biodiversity is so
to save the lake. According to Amnesty seriously threatened that migratory birds have
International, 70 people were arrested in
Tabriz and 20 in Urmia for protesting illegally.
During the summer, Azeri activists escalated
their protests after the Iranian government
dropped plans aimed at reviving the lake. On
24 August, 30 Azeris were arrested at a private
gathering, and on 27 August, thousands of
protesters in Urmia clashed with riot police,
resulting in 300 arrests, according to HRW.
Police shot tear gas at protesters and beat them
with batons. At another environmental rally
in early September, security forces resorted yet
again to violence and arrested 60 people.
As the lake recedes, its salt content is
gradually dispersed into the local environment,
causing increased soil salinity in surrounding
farmland. Experts estimate that if the lake Above: An Azeri man in Kandovan, Iran, near
dries up completely, the surrounding cities will Lake Urmia. Piotr Bystranowski.
Threat 2012
that have already been achieved by the Arab
uprisings, but it does underscore the fact that, for
civilian populations in general and minorities in
Mark Lattimer particular, the transition to democracy is bloody
and its outcome uncertain.
Introduction
The association between autocracy and political Rising threats in the Arab world
violence is so strong it can blind us to the and beyond
dangers of democratization. As democratic This is the seventh successive year that the
advances are made, we assume that populations Peoples under Threat index has been published to
will be safer. In fact, transitions to democracy highlight those countries around the world where
are rarely smooth. In addition to the general the risk of mass killing is greatest. Peoples under
risk of increased violence that comes from Threat is created by compiling authoritative
periods of political instability, there is the data on the known antecedents to genocide
obvious fact that autocratic forces rarely or mass political killing. While the individual
relinquish their hold on power without a fight. indicators describe the current situation – what
But the dangers can come from democratic is happening – the index as a whole seeks to
forces too: as political space opens up, popular predict what may happen. As an early warning
prejudices draw oxygen and populist politicians tool, it has been widely used by UN officials
or militia leaders often seek to exacerbate ethnic and other human rights and conflict prevention
or sectarian grievances for their own gain. practitioners. Almost all the significant episodes
Minorities can find themselves scapegoated or a of civilian killing that occurred over the last year
target for the anger felt towards the old regime. took place in countries which were near the top
This conjunction of factors was tragically of, or major risers in, last year’s Peoples under
apparent during the demise of Communist rule Threat table.
in Europe (as it was at its birth). Today, it is This year, states in the Middle East and North
increasingly evident in the events unfolding in Africa feature prominently in the major risers (see
the Middle East and North Africa. below). Among the Arab countries, Syria, Libya,
If 2011 will be remembered as the year of the Yemen and Egypt have all risen significantly in
Arab Spring, then 2012 may well become the the table (the first three following rises last year
year the revolutions soured. In Syria, a military as well).
backlash has cost over 9,000 lives so far. The In Syria, the government accepted a joint
great majority have been civilian victims of UN-Arab League proposal in March 2012 to
government forces, but there are also reports of end the violence, but killings have continued and
opposition militias attacking Shi’a families. In in April the UN Security Council authorized a
Libya, where some 15,000–20,000 people were UN military observer mission. The fact that the
reportedly killed in the war to overthrow the government is dominated by Alawites, an off-
Gaddafi government, the country has seen the shoot of Shi’ism, places Alawite and other Shi’a
mass forced displacement of black Libyans and communities at risk if the conflict intensifies or if
sub-Saharan migrant workers, and a widespread the government falls. Assyrian Christians are also
pattern of arbitrary detention, torture and extra- deeply concerned about the possibility of attacks
judicial execution targeted at individuals or whole from Sunni militants.
communities because of their colour. In Egypt, In Libya, former rebels still hold up to 6,000
the rise of Salafist parties since the fall of President people arrested during or after the armed conflict.
Mubarak and attacks on churches have prompted Detained without charge or trial, up to half are
thousands of Copts to leave the country. believed to be sub-Saharan migrants or black
The 2012 release of the Peoples under Threat Libyans. Human rights groups report that over
index shows that the risk level has also increased a dozen have been tortured to death. Systematic
20.00
20.00
15.00
15.00
PUT
PUT
10.00
10.00
5.00
5.00
0.00
0.00
0
0 0.1
0.1 0.2
0.2 0.3
0.3 0.4
0.4 0.5
0.5 0.6
0.6 0.7
0.7 0.8
0.8 0.9
0.9
HDI
HDI
10.00
10.00
PUT
PUT
5.00
5.00
0.00
0.00
0
0 0.1
0.1 0.2
0.2 0.3
0.3 0.4
0.4 0.5
0.5 0.6
0.6 0.7
0.7 0.8
0.8 0.9
0.9 1
1
-5.00
-5.00
-10.00
-10.00
HDI
HDI
under Threat is specifically designed to gauge the of the graph; i.e. in relation to those countries
risk of egregious events, its explanatory power at with very high rates of human development. The
the lower end of the spectrum is limited.) Where correlation between high human development
PUT is plotted against HDI for this much larger and a low risk on the PUT table only becomes
group of countries, a clearer negative correlation really pronounced in the upper HDI quartile. If
does emerge, with the level of risk falling as the guarantee of safety from arbitrary killing is, in
human development increases. It is notable, legal and moral terms, a human right, in today’s
however, that the strength of the relationship is world it is also a luxury.
heavily influenced by what happens at the right Additional research by Daniel Openshaw
How is Peoples under Threat calculated? killing had been undertaken since the 1970s,
including by Helen Fein and Ted Robert Gurr,
Since the genocide in Rwanda in 1994, our but it was not until the 1990s that researchers
ability to identify those situations most likely to such as Rudolf Rummel and Matthew Krain
lead to genocide or mass killing has improved. pioneered quantitative longtitudinal analysis
A number of comparative studies of the factors of a wide range of such factors, enabling the
preceding historic episodes of political mass testing of different causal hypotheses. Rummel,
Table 1 A. Self-
determination
conflicts
B. Major
armed conflict
C. Prior genocide/politicide
Table 1 A. Self-
determination
conflicts
B. Major
armed conflict
C. Prior genocide/politicide
Djibouti Afars 3 0 0
Azerbaijan Armenians 4 0 0
Table 1 A. Self-
determination
conflicts
B. Major
armed conflict
C. Prior genocide/politicide
Cameroon ‘Westerners’ 2 0 0
Belarus Poles 0 0 0
Endowment for International Peace, 2011. Indicators were rebased as necessary to give an equal
p Democracy/Governance Indicators: Annual weighting to the five categories above, with the
Governance Indicators, World Bank, 2011. exception of the prior geno-/politicide indicator.
p OECD country risk classification: Organization As a dichotomous variable this received a lesser
for Economic Cooperation and Development, weighting to avoid too great a distortion to the final
‘Country Risk Classifications of the Participants ranking. Resulting values were then summed.
to the Arrangement on Officially Supported
Export Credits’, January 2012. Where no The full formula is:
classification is given, a value of 8 was accorded. (A/2) + (Bx1.25) + (Cx2) + (D+E+F)/6 + (G+H+I)
/-1 + (Jx0.625)
Data for South Sudan and for Kosovo include some
indicators relating to Sudan and Serbia respectively.
Status of Africa
ratification Algeria
Angola
p pu p1
p1
p
p
of major Benin p p1 p
international Botswana p p
instruments Burundi
Cameroon
p p
p
p
p1
p
p
relevant to Cape Verde p p1 p
indigenous Chad p p1 p
rights
Comoros p p P P
Congo p p1 p
as of 1 February 2012 Côte d’Ivoire p p p1 p
Eritrea p p p
pu Ratification of
Ethiopia p p p p
ICERD and Declaration
Gabon p p p p
on Article 14.
Gambia p p p1 p
pU Ratification of
ICERD and Signature of Ghana p p p1 p
Declaration on Article 14. Guinea p p p1 p
p1 Ratification of Guinea Bissau p p! p
ICCPR and Optional
Kenya p p p
Protocol.
Lesotho p p p1 p
p! Ratification of
Liberia p p p! p
ICCPR and Signature of
Optional Protocol. Libyan Arab Jamahiriya p p p1 p
Mali p p p1 p
Mauritania p p p
Mauritius p p1 p
Morocco p pu p p
Mozambique p p p
Namibia p p p1 p
Niger p p1 p
p p p p P p p
p p p P p p
p p p P p p p
p p p p p p
p p p p p p p
p p p p p p
p p p P P p p
p p p p p p p
p p p p p p P
p p p p p p
p p p P p p p
p p p P p p p
p p p P p p
p p p p p P
p p p p p P
p p p p P p p
p p p p p
p p p P p p
p p p p p
p p p P p p p
p p p p p p
p p p p p p p
p p p p p p p
p p p P P p p
p p p p p p
p p p p p p p
p p p P p p p
p p p p p p
p p p p p p
p p p p p p
p p p p p p p
p p p p p p
p p p p p p
p p p p P
p p p P p p
p p p p p p
p p p p p p p
Status of Nigeria p p p p
ratification Rwanda
international Senegal p pu p1 p
Somalia
p
p
p
p1
p
p
relevant to South Africa p pu p1 P
indigenous Swaziland p p p
rights
Togo p p p1 p
Tunisia p p p1 p
as of 1 February 2012 Uganda p p p1 p
pu Ratification of
ICERD and Declaration
on Article 14.
pU Ratification of
ICERD and Signature of
Americas
Declaration on Article 14.
Antigua and Barbuda p p
p1 Ratification of
ICCPR and Optional Argentina p pu p1 p
Protocol. Bahamas p p p p
p! Ratification of Barbados p p p1 p
ICCPR and Signature of Belize p p p P
Optional Protocol.
Bolivia p pu p1 p
P! Signature of ICCPR
Brazil p pu p1 p
and Optional Protocol.
Canada p p p1 p
Chile p pu p1 p
Colombia p p p1 p
Costa Rica p pu p1 p
Cuba p p P P
Dominica p p
p p p p p p p
p p p p p p
p P
p p p P P p P
p p p p p p p
p p p p p p p
p p p P p p p
P p p P
p p p p p p
p p P p p
p p p p P
p p p P p p
p p p p p P
p p p p p p p
p p p p p p
p p p p p p
p p p P p p
American Additional
Convention on Protocol to
Human Rights the American
1969 Convention on
Human Rights
in the area of
Economic, Social
and Cultural
Rights 1988
p p p p
p p p p p p p p
p p p P
p p p p p
p p p p p
p p p p p p p p
p p p p p p p
p p p p
p p p p p p p P
p p p p p p p p
p p p p p p p
p p p
p p p p p p
ratification Ecuador
El Salvador
p
p
pu
p
p1
p1
p
p
of major Grenada P p p
international Guatemala p p p1 p
instruments Haiti
Honduras
p
p
p
p
p
p1 p
relevant to Jamaica p p p1 p
indigenous Nicaragua p p p1 p
rights
Panama p p p1 p
Paraguay p p p1 p
as of 1 February 2012 Peru p pu p1 p
India p p p p
Indonesia p p p
Japan p p p
Kazakhstan p pu p1 p
Kyrgyzstan p p p1 p
p p p p p P
p p p p p p p p
p p p p p p
p p p p p
p p p p p p p
p p p p p
p p p P p P
p p p p p p p p
p p p p P p
p p p p p p p p
p p p p p p p
p p p p p p
p p p p p p p p
p p p p p p p p
p p p p
p p p p
p p p p p
p p p p p
p p p p p
P P P P
p p p p p p p
p p p p P p p P
p p p p
p p p p p
p p
p p
p p p P p
p p p
p p
p p p
p p p P
p p p
p p p
p p p p P
p p p
Status of Malaysia p
ratification Maldives
Mongolia
p
p
p
p
p1
p1
p
p
of major Myanmar p
international Nepal p p p1 p
instruments Philippines
Republic of Korea
p
p
p
pu
p1
p1
p
p
relevant to Singapore p
indigenous Tajikistan p p1 p
rights
Thailand p p p
Timor Leste p p p
as of 1 February 2012 Turkmenistan p p1 p
pu Ratification of
ICERD and Declaration Europe
on Article 14.
Albania p p p1 p
pU Ratification of
Andorra p pu p1
ICERD and Signature of
Declaration on Article 14. Armenia p p p1 p
p1 Ratification of Austria p pu p1 p
ICCPR and Optional Azerbaijan p pu p1 p
Protocol.
Belarus p p p1 p
p! Ratification of
Belgium p pu p1 p
ICCPR and Signature of
Bosnia and Herzegovina p p p1 p
Optional Protocol.
Bulgaria p pu p1 p
P! Signature of ICCPR
and Optional Protocol. Croatia p p p1 p
Cyprus p pu p1 p
Czech Republic p pu p1 p
Denmark p pu p1 p
Estonia p pu p1 p
Finland p pu p1 p
France p pu p1 p
Georgia p pu p1 p
p p
p p p
p p p p
p p
p p p p
p p p
p p p p p
p p p p
p p
p p p p
p p p p p
p p P
p p p p
p p p
p p p P
p p p
European Framework
Charter for Convention for
Regional or the Protection
Minority of National
Languages Minorities
1992 1995
p p p p p p
p p p
p p p P p p
p p p p p p
p p p p P p
p p p
p p p p P
p p p p p p p
p p p p p
p p p p p p
p p p p p p
p p p p p p
p p p p p p p
p p p p p
p p p p p p
p p p p P
p p p p p
Status of Germany p pu p1 p
ratification Greece
Holy See
p p
p
p1 p
of major Hungary p pu p1 p
international Iceland p pu p1 p
instruments Italy
Latvia
p
p
pu
p
p1
p1
p
p
relevant to Liechtenstein p pu p p
indigenous Luxembourg p pu p1 p
rights
Malta pu p1 p
Monaco p pu p p
as of 1 February 2012 Montenegro p p p1 p
Republic of Moldova p p p1 p
pu Ratification of
Romania p pu p1 p
ICERD and Declaration
Russian Federation p pu p1 p
on Article 14.
San Marino p p1 p
pU Ratification of
ICERD and Signature of Serbia p p p1 p
Declaration on Article 14. Slovakia p p p1 p
p1 Ratification of Slovenia p p p1 p
ICCPR and Optional
Spain p pu p1 p
Protocol.
Sweden p pu p1 p
p! Ratification of
Switzerland p pu p p
ICCPR and Signature of
Optional Protocol. The former Yugoslav Republic p p p1 p
of Macedonia
P! Signature of ICCPR
Turkey p p p! p
and Optional Protocol.
Ukraine p pu p1 p
Middle East
Bahrain p p p p
p p p p p p
p p p p P
p p p p p p
p p p p P P
p p p p p
p p p p P p
p p p p p
p p p p p
p p p p p
p p p p p P
p p p p P p
p p P
p p p P p p p
p p p p p p p
p p p p p p p
p p p p p p
p p p p p
p p p p P p
p p p p p p
p p p P P p
p p p p p
p p p P p p p
p p p p p p
p p p p p p
p p p p p p p
p p p p p p
p p p p p p
p p p p P p
p p p p
p p p P p p
p p p p p p
p p p P
p p P
Status of Iraq p p p p
ratification Israel
Jordan
p
p
p
p
p
p
p
p
of major Kuwait p p p p
international Lebanon p p p p
instruments Qatar
Saudi Arabia p
p
p
relevant to Syrian Arab Republic p p p p
indigenous Yemen p p p p
rights
as of 1 February 2012 Oceania
Marshall Islands
pu Ratification of
Micronesia (Federated States of)
ICERD and Declaration
on Article 14. Nauru P P!
Number of states parties 141 (1 sig) 175 (45 Art 14) 167 (115 op) 160 (6 sig)
p p p
p p p P
p p p p
p p p P
p p p
p p P
p p p
p p p
p p p p P
p p p P
p p p P
p p p p
p p p
p p p p p
p p p
p p p
p p
p p
p p p p
p P
p p p
p p p p
p p P
p p
p p p p
http://www.achpr.org/ http://www.acerwc.org/ratifications/
http://www.oas.org/juridico/english/Sigs/b32.html http://www.iccnow.org/documents/signatory_chart_
http://www.cidh.oas.org/ Nov_2011_EN.pdf
http://conventions.coe.int/ http://www.oas.org/juridico/english/sigs/b-32.html
http://www.ilo.org/ilolex/english/convdisp1.htm http://www.oas.org/juridico/english/sigs/a-52.html
http://www.ilo.org/ilolex/english/convdisp1.htm http://conventions.coe.int/Treaty/Commun/ChercheSig.
asp?NT=148&CM=8&DF=&CL=ENG
http://www.iccnow.org/documents/
RATIFICATIONSbyRegion_December2011_eng.pdf
minorities?
Social and Cultural Rights
IDP – internally displaced person
ILO – International Labour Organization
Minorities of concern to MRG are disadvantaged IOM – International Organization for Migration
ethnic, national, religious, linguistic or cultural LGBT – lesbian, gay, bisexual and transgender
groups who are smaller in number than the rest MDGs – Millennium Development Goals
of the population and who may wish to maintain NGO – non-governmental organization
and develop their identity. MRG also works with OAS – Organization of American States
indigenous peoples. OCHA – UN Office for the Coordination of
Humanitarian Affairs
Other groups who may suffer discrimination are of OECD – Organisation for Economic Co-operation
concern to MRG, which condemns discrimination and Development
on any ground. However, the specific mission OHCHR – Office of the High Commissioner on
of MRG is to secure the rights of minorities and Human Rights
indigenous peoples around the world and to improve OSCE – Organization for Security and
cooperation between communities. Cooperation in Europe
UDHR – Universal Declaration on Human Rights
UN – United Nations
Selected
UNDM – UN Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and
abbreviations
Linguistic Minorities
UNDP – UN Development Programme
UNDRIP – UN Declaration on the Rights of
ACHPR – African Commission on Human and Indigenous Peoples
Peoples’ Rights UNIFEM – UN Development Fund for Women
AHRC – Asian Human Rights Commission UNRWA – UN Relief and Works Agency
AU – African Union UNHCR – UN High Commissioner for Refugees
CEDAW – Committee on the Elimination of All UPR – Universal Periodic Review
forms of Discrimination Against Women USCIRF – US Commission on International
CERD – UN Committee on the Elimination of Religious Freedom
Racial Discrimination
CRC – UN Convention on the Rights of the Child
ECHR – European Convention on Human Rights
ECtHR – European Court of Human Rights
EHRC – European Human Rights Commission
EU – European Union
FCNM – Council of Europe Framework
Convention for the Protection of National
Minorities
FGM – female genital mutilation
FRA – European Union Agency for
Fundamental Rights
HRW – Human Rights Watch
IACtHR – Inter-American Court of Human Rights
ICC – International Criminal Court
ICCPR – International Covenant on Civil and
Political Rights
ICERD – International Convention on the
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