A/CONF.189/PC.1/7
page 23
1. Discrimination involving a majority and persons or groups
forming an ethnic or religious minority
85.
Let us make clear at the outset that the term “discrimination” is used here in a very broad
generic sense to include intolerance, abuses, restrictions and acts of violence. The first
hypothesis we consider consists of several sub-classifications, each of which is dependent on the
status and situation of the persons who are the victims of aggravated discrimination; but in all of
the cases the people are ethnically and religiously distinct from the majority of the population
(“majority” is understood here in the arithmetical sense of an absolute majority of the population,
hence other variations within this classification framework can be conceived: majority/dominant
minority; majority/numerically scattered minorities).
(a)
Discrimination involving a majority and one or more ethnic and religious minorities
86.
This is the simplest hypothesis: it concerns a large number of countries and religions. In
the paragraphs below, we shall briefly examine some countries by way of example.
87.
This hypothesis can be applied to India (see E/CN.4/1997/91/Add.1),95 where the
relations between Hindus and Muslims are reportedly tense and where Christians are
occasionally discriminated against (E/CN.4/1995/91, paras. 60-61). The actions of certain
extremist groups and ultranationalist (especially Hindu) parties against Muslim communities and
their places of worship are based on “the exploitation of religion to further a programme which is
in fact political” (E/CN.4/1997/91/Add.1, para. 90) in order to “gain political advantage among
the population” (ibid., para. 41). The particular situation of the Muslims in Kashmir rightly
attracted the attention of the Special Rapporteur, as a community seems to have become a
hostage in a political conflict primarily involving two States, India and Pakistan (ibid., paras. 49,
51 and 53). On the other side, owing to anti-Hindu extremism, the conflict appears to have
resulted in the expulsion of Hindus and their settlement in refugee camps (ibid., para. 27).
88.
Similarly, in Bangladesh, ethnic and religious minorities (mainly Christian, Hindu and
Buddhist minorities) are allegedly the victims of acts of intolerance and violence committed by
Muslim extremists and of a policy of discrimination with regard to employment in the public
sector (see E/CN.4/1995/91, para. 43).96
89.
In Sri Lanka, it is alleged that the Liberation Tigers of Tamil Eelam (LTTE) are
committing atrocities against the Muslims in the north of the country. Evangelical Christians are
apparently often subjected to manifestations of hostility, discrimination and sometimes to
violence by the local Buddhist clergy (see E/CN.4/1995/91, paras. 94-95).97
90.
The case of Mongolia is of interest. A law passed on 30 November 1993 is said to
contravene freedom of religion and the principle of non-discrimination. Foreign and even
national Christians have allegedly been subjected to many instances of discrimination (see
E/CN.4/1995/91, paras. 79-80).98
91.
In the Islamic Republic of Iran, the Jewish, Assyro-Chaldean and Armenian minorities who define themselves as specific religious and ethnic minorities - are allegedly the victims of
restrictions and discrimination in respect of access to the army and the judiciary and unequal