A/63/161
recommendations. However, she regretted that the performance of various state
human rights commissions was uneven, as it depended very much on their
composition and the importance the different Governments attached to their
mandates.
18. The Special Rapporteur stressed that, even though India had a comprehensive
legal framework to protect minority and religious rights, its implementation was
proving difficult. She deplored the fact that law enforcement officials were often
reluctant to take any action against organized groups that perpetrated violence in the
name of religion or belief.
19. During her visit, she received numerous reports of attacks on religious
minorities and their places of worship as well as of discrimination against
disempowered sections of the Hindu community. In Uttar Pradesh, the Special
Rapporteur received concrete reports of violence and rape as a reaction to
intermarriages between members of different religions or castes. She also reported
widespread violence in the Kandhamal district of Orissa, targeting primarily
Christians in dalit and tribal communities. In Gujarat, more than 1,000 people were
massacred in 2002 3 and there are credible reports of inaction by the authorities and
alleged complicity by the state Government in those attacks. The Special Rapporteur
also deplored the increasing ghettoization and isolation of Muslims in many areas of
the country and expressed concern at the extended time frame of investigations in
cases involving past communal riots, violence and massacres.
20. She recalled that in her predecessor’s report (ibid., para. 46), he expressed the
fear that something in the nature of the 1992 Ayodhya incident would recur in the
event of political exploitation of a situation. She emphasized that there is today a
real risk that similar communal violence might happen again unless incitement to
religious hatred and political exploitation of communal tensions are effectively
prevented. Other issues of concern to the Special Rapporteur’s mandate include the
legal link between scheduled caste status and religious affiliation, the impact of
“anti-conversion laws” in several states, as well as the concerns voiced by Sikhs,
Buddhists, Jains and atheists.
C.
Other activities
21. The Special Rapporteur issued press releases jointly with other special
procedures mandate holders, expressing their concern at recent events and at the
human rights situation in Myanmar (28 September 2007), Kenya (4 January 2008)
and the Tibet Autonomous Region of China (10 April 2008). In another joint
statement with the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance and the Special Rapporteur for
the promotion and protection of the right to freedom of opinion and expression, she
condemned the distorted vision of Muslims in the online film “Fitna” and called for
dialogue and vigilance (28 March 2008).
22. Furthermore, the Special Rapporteur participated in the fifteenth annual
meeting of special procedures mandate holders and in several conferences or
meetings pertinent to her mandate. For example, the Special Rapporteur addressed
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3
8
Some sources estimate that more than 2,000 people were killed during the communal violence in
Gujarat in 2002.
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