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97.
In Indonesia, the ethnic-Chinese Indonesian minority, made up largely of Christians, was
the victim, during the riots of 1998, of a wave of violence, vandalism, looting, arson and even
many killings (see E/CN.4/1999/15, para. 113 ff.).
98.
In Australia, it is reported that Aboriginal minorities and Australians of Asian origin are
sometimes subjected to discrimination concerning, in particular, the criminal justice system,
cruel, inhuman and degrading treatment and assault causing bodily harm (see E/CN.4/1997/71,
para. 47 ff.).
99.
The violation suffered by the Lake Lubicon Indian minority in the Lubicon v. Canada
case can be classed among the cases of aggravated violation of the rights of an ethnic and
religious minority under article 27 of the International Covenant on Civil and Political Rights.110
In this case, the Human Rights Committee recognized that the expropriation of land belonging to
the indigenous community by the Canadian authorities for commercial purposes violated the
right of those persons to enjoy their own culture. The Committee seems to put a broad
interpretation on this term, as it states that “economic and social activities … are part of the
culture of the community” in question.111 The community also claims that the expropriation is
liable to rob the members of the Band of the physical realm to which their religion attaches, in
violation of article 18, paragraph 1 of the Covenant.112 Although the Committee did not give a
precise answer to this claim, it is reasonable to assume that the way of life and culture of the
Lake Lubicon Band cannot - as it rightly claims - be separated from its right to practise its own
religion.
100. In the United States of America, Native Americans are exposed to discrimination that
affects them as a group differing from the majority in both ethnic and religious terms. Indeed,
“the Native Americans are without any doubt the community facing the most problematical
situation, one inherited from a past of denial of their religious identity” (see
E/CN.4/1999/58/Add.1, para. 53). This discrimination provides a perfect example of aggravated
discrimination, which has taken several forms, some of which no longer apply, such as
restrictions on religious ceremonies (dropped when the Indian Reorganization Act was adopted
in 1978) (ibid., para. 55), although others still persist. Examples are the problem of respect for
the religious rights of Native Americans in federal and local correction facilities and the problem
of the sacred nature of certain territories and sites (ibid., para. 60). The latter is an example of a
real clash of concepts, as it stems from the failure of legislators working within a Western legal
system to comprehend Native American values and traditions. Native Americans are in fact
being asked to “prove their religion”, and in particular the religious significance of sites, most of
which are situated on land that does not belong to them. However, this demand conflicts with
this minority’s beliefs, because a Native American site is by definition secret and to reveal its
location to non-Native Americans would, for them, be tantamount to interference in matters of
religion (ibid., paras. 59-60 and 68). This conflict over legislation also arises with regard to
Native American religious practices that require the use of protected animals (eagles’ feathers) or
hallucinogenic plants that are banned under United States legislation. The adoption of neutral
legislation is therefore unlikely to protect this ethnic and religious community, whose religious
practices are different from those of the majority or of other minorities.113