12 August 2003
Thank you Madame President,
We would like to draw attention to a particular incidence of religious hatred and communal violence that illustrates how serious problems of discrimination can become. The incident is the killing of over 2,000 Muslims and the destruction of over 100,000 Muslim homes in the state of Gujarat, India in a single, organized campaign of violence waged against the Muslim population in February-March 2002. We are bringing your attention to this issue because of the ongoing failure of the government to protect effectively the rights of its Muslim minority and the role of extreme Hindu nationalist ideology in promoting the violence.
The incident was reportedly sparked by the alleged, brutal torching of a train by Muslims containing Hindu activists, killing 58. Minnesota Advocates abhors violence in all forms, including this type of intentional taking of lives.
The retaliatory attacks on the Muslim community in Gujarat was one of the deadliest human rights events since the anti-Sikh riots in Delhi in November 1984, where over 2,000 Sikhs were brutally killed. Minnesota Advocates has been closely following the situation in Gujarat at the behest of the local Indian Diaspora community. We have sponsored community forums to bring attention to the communal violence in Gujarat.
What occurred in Gurjarat was not merely communal rioting; we believe it qualifies as a crime against humanity, and we do not level that charge lightly. A crime against humanity includes, according to the Rome Statute, any acts of murder, torture, or persecution “when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”
Judge for yourself. Credible internal and external investigations concluded that Hindu nationalist groups operated with the cooperation of the state government and targeted the violence at Muslims. Senior ministers of the local political party met in secret after the torching of the Hindu train. A plan was created and disseminated to the top 50 political leaders in the state and the local police. In many cases, members of the local police participated in the violence, killing Muslims who tried to block the mob’s advance.
The Indian National Human Rights Commission found the violence in Gujarat “resulted in the violation of the fundamental rights to life, liberty, equality and dignity of citizens of India . . .” and that there was clear evidence of government complicity during the riots as well as a “widespread lack of faith in the integrity of the investigating process.”
The government complicity is part of a pattern of discrimination and violence promoted by the extreme Hindu nationalist ideology. Recalling the Godhra train massacre and rhetoric that depicted Muslims as terrorists intent on destroying the Hindu community, the party gained the most seats in areas affected by the communal violence. Human Rights Watch noted that some political leaders declared "the strategy used in Gujarat would be repeated all over India." Human Rights Watch found in states that go to polls later this year, members of the Hindu nationalist ideology are currently busy distributing weapons similar to those used in Gujarat, as well as literature depicting Muslims as terrorists.
We refer you to both of Human Rights Watch’s well-documented reports, the April 2002 report entitled “We Have No Orders to Save You” and its July 2003 report entitled “Compounding Injustice.”
In a recent example known as the “Best Bakery case,” 14 Muslims were burned to death after seeking refuge in the Best Bakery. The National Human Rights Commission recommended prosecuting the 21 perpetrators identified. Last month, those 21 persons were acquitted of all charges. Witnesses retracted their statements after receiving death threats and other retaliatory threats. In late July, the National Human Rights Commission filed a motion to the Supreme Court of India seeking to retry the Best Bakery case outside the state because of the damage to the credibility of the criminal justice system and the negation of the human rights of the victims. In response, last week on August 7, the government of Gujarat filed an appeal to the Supreme Court in response to the National Human Rights Commission call to retry the case.
In addition, to date no Hindus have been charged under India’s Prevention of Terrorism Act (POTA) for violence against Muslims. The Act has been used to charge over one hundred Muslims in connection with the Gujarat riots, with no Hindus being charged, even though the vast majority of all deaths, injuries and destruction of housing was suffered in Gujarat by Muslims not Hindus.
We are concerned that the systematic violence and discrimination against Muslims is an early warning sign of a future human rights disaster in India. We, therefore, urge the Indian Government and the State Government of Gujarat to implement the recommendations of the Indian National Human Rights Commission, including that the Central Bureau of Investigation (CBI) take over the investigation of cases, that special courts be established in Gujarat to try these cases, that the Best Bakery case be retried outside Gujarat, that all places of worship destroyed in this violence be repaired quickly, that adequate compensation be provided to victims, and that police reform be implemented immediately to help preserve the integrity of the investigating process.
In conclusion, Madame President, we wish to emphasize that India is a great country, the world’s largest democracy, with a history of commitment to human rights, civil society and the rule of law. We call on the Government to take special action in this case and to follow the National Human Rights Commission’s recommendations. And we urge the Sub-commission to study this and other cases in their analysis of problems of discrimination.
Thank you Madame President.