From
����������� 3,
Bindra Colony, Patiala, Punjab, India.
����������� Fax:
+175-5002488 E-mail: sikhnationorganization@gmail.com
To
Commission Team (1503
Procedure)
Support Service Branch,
Office of High Commissioner
for Human Rights
United Nations office at
Geneva
1211 Geneva 10,
Switzerland.
Fax: +41229179011,
E-mail: 1503hchr@unog.ch
Sub.:���
Unreasonable restrictions by Govt. of France, on Human Right of Personal
liberty on school going children, by enacting 'school scarf ban law' by which ,
" in schools, in Junior High School, and High Schools signs and dress,
that conspicuously show the religious affiliation of students, are forbidden
"
Hon'ble Chairman and members of the Commission
Team,
Most respectfully, Sikh Nation Organization,
acting in good faith, is pained to submit, under 1503 procedure,
this petition of Human Rights violations against Govt. of France, a
nation which is signatory to almost all UN Declarations on Human Rights, and
has given utmost importance to Human Rights to Man, in its Constitution,
describing these as, "Natural, Inalienable and Sacred", and yet has
broken UN Conventions on, Human Rights, Elimination of All Forms of Intolerance
and of Discrimination Based on Religion and Belief, and Elimination of
Discrimination against Women, and Children.
Unfortunately, derived by a strong feeling of
contempt against "growing Islamic Fundamentalism", Govt. of France,
failed to examine carefully, adverse effects of
its action, which are bound occur on world peace and amity in
multicultural international society.
In recent past, some terrorist organizations, by
their mindless and highly condemnable actions against humanity, like that on 11
Sept., 2001 in U.S.A., have sowed the seeds of mistrust. Any action, as that
of France Govt. will only provide required nourishment to the seeds, to grow
into trees and will only help to feed the cadres of fanatics.
French Govt. argument, that 'law is needed to
protect France's secular traditions and to ward off rising Islamic
Fundamentalism', is misconceived, because undoubtedly such actions are
always counter productive, and would only do more harm than good to the human
cause and world peace.
����������� French Law, will open a Pandora
box, starting an unending chain of such laws by other countries, thus seriously
damaging the very foundations of even the United Nations Organization.
The law, is a "bad
law", in the eyes of legal luminaries and all justice� loving citizens through out the world,
because;
It violates UN
Conventions on Human Rights.
The law, which was intended to 'ward off Islamic
Fundamentalism', as claimed by French Government, unjustfully imposes
unreasonable restrictions on all school going children, when the facts are,
that;
1. Vast majority of even
Islamic students do not support fundamental views
2. The students
professing other faiths than/slam, have nothing to do with the �Problem', and
would face unnecessary restrictions, where as the UN Declaration has clearly
laid down, that restrictions ever imposed, should be 'reasonable restrictions',
to the extent strictly required by the exigencies of the situation.
�3. The restriction should only be imposed, in
case of public emergency, when there is threat to State Security or Public order,
but in present case no such threat is there.
�4. The argument, of French Govt. that,
"the law is needed to protect secular traditions of France, and to ward
off Islamic Fundamentalism ", clearly indicates that the law, is not
without sense of racial discriminations, although French Govt. has tried to
provide the cover of secularism, by imposing restrictions on other religions as
well..
�5. Other Arguments, of France Govt. that the
law is required to maintain uniform
educational standards, in face of a� 'problem', where girl students, belonging to largest
Islamic and Jews populations, who wear head
scarves and veil, refuse to attend classes of human anatomy and sex education
with boys, clearly reveals that, the law is primarily intended to restrict
Human Right of Personal liberty of young women, and intends to discriminate
young women, against the spirit of UN Conventions.
6. UN Convention, clearly states that, "the
best interest of the child shall be the guiding principle of those responsible
for his education and guidance; that responsibility lies in the first place
with his parents". The Law, imposes restrictions on personal freedom of
tender aged children.
�7. The
Law, would restrict, not only a few fundamentalist students, but all
religious minded students, from their right to education in public schools of
France and is against UN Declaration of the Rights of the Child.
Therefore restrictions imposed are unreasonable and not
strictly according to the exigencies of the situation.
Students professing other faiths than
Islam. who have nothing to do with the problem. would face unnecessary
restrictions. The most adversely effected amongst the innocent sufferers are
Sikh children, because as per the edict of their
Guru, unshorn hair and head wear are the integral part of Sikh's body and soul,
so is �Kirpan' for a baptized Sikh, the Khalsa.
�
Founder of Khalsa, Guru
Gobind Singh, has clearly laid down in his commandment, that none of the five
Ks are optional, i.e. Kesha (unshorn hair) covered� by a turban,� Kangha
(comb), Kirpan (sword), Kara (iron bangle)�
Kashehra (shorts).
Dress and signs given by
Guru in Sikhism are not optional at all. A Sikh is no more a Sikh if he
compromises Sikh ethics and code of dress and signs given by the Guru. Therefore
a Sikh cannot be a Sikh at home if he or she is not a Sikh at school.
You will appreciate that
unless a brief introduction is given regarding Sikh Nation, it is very
difficult for anybody to understand the depth of commitment of Sikhs to their Faith
and Humanity.
�
Guru Gobind Singh, tenth
master of Sikhs, transformed the nature and peace loving selfless saintly
followers of Guru Nanak, the founder and the first Guru of Sikhs into self
sacrificing 'saint soldiers' to protect the whole Humanity as one 'Family of
GOD', and named them 'Khalsa', the pure, proclaiming them as 'Army of GOD'.
Therefore a true Sikh is duty bound and committed to the soul, to upkeep human
values and to protect these without any discrimination, even at the cost of his
or her life.
Guru also gave them a
distinct identity, with a purpose that they could be easily recognized, by
whosoever in need of their help anywhere in the world. With a vision into the
future he combined the properties of International Army and Red Cross, both
into one, and laid the foundation of the concept of to day's United Nations
Organization.
The foremost part of
distinct identity was un tempered stamp of nature to a human being i.e. unshorn
hair covered by a well tied turban or 'dastar', an iron bangle as symbol of
total commitment of ones self to the commandment of Guru's teachings, shorts as
symbol of high moral character and, a sword to protect human rights.
Sikh history is replete
with innumerable examples of self-sacrifices for human cause. Guru Gobind
Singh, founder of Khalsa, himself set the example by sacrificing his whole
family i.e. father, mother and four sons, besides thousands of disciples to
safeguard human rights, at a time when there was no organization, even in the
name, to raise its voice against human right violations.
Just to quote, a few
examples, from reported history, of self sacrifices, to protect the rights of
oppressed and have nots, at the hands of tyrant and fanatic Muslim rulers of
India, at that time, and to prove that Sikhs never compromised on their high
ideals and identity.
�
Guru Teg Bahadur, ninth
Guru of Sikhs, himself went to embrace martyrdom at the hands of emperor
Aurangzeb, at Chandni Chowk Delhi, to�
protect the Human Rights of Hindus, who were asked, to either to convert
to� Islam or to die, by the emperor.
Younger sons of Guru Gobind Singh, Sahibzada
Zorawar Singh and Fateh Singh, at the tender age of 9 and 7 years, preferred to
be bricked alive, at Sirhind, as per the edict of Suba Wazir Khan but stood firm
on Sikh tenets.
Bhai Taru Singh,
preferred to get his skull chopped off rather than allowing cutting of his
hair. Sikh women withstood inhuman torture to the extent of being garlanded
with body parts of their slaughtered infant children, but refused to compromise
Sikh Identity and Ideology.
Sikh men, women and
children did not remove their hair and turbans, when tyrant rulers, Mir Manu
and Zakaria Khan, ordered 'Sikh Hunting' and when each Sikh Head fetched silver
coins from the rulers.
Banda Singh Bahadur, a
Sikh General, who established first Sikh Empire, when arrested, refused to
compromise Sikh tenets even at the cost of inhuman torture, unheard of in
civilized history, when yet pulsating heart of his freshly killed tender aged
son was pushed onto his mouth. He remained unshaken and firm on Sikh
Principles, when he was made to die, by getting his flesh and muscle mass
pulled from his bones, bit by bit.
History stands testimony
to the fact, that Sikhs could not be forced to abandon signs of their Faith
with the might of sword, at a time when, there was no organization, in name
even, to raise a voice in favor of Human Rights, where as today, the world has
United Nations Organization, which stands custodian to the Human Rights for one
and all, in multicultural World Society.
Hoping for a just
consideration and early action in the matter. With deep regards Yours
sincerely,
With Deep regards
Dr. Manjit Singh Randhawa
President,
Sikh Nation Organization
Annextures;
The
Universal Declaration of Human Rights:
A Magna Carta for all
humanity
The Declaration recognizes that the
"inherent dignity of all members of the human family is the foundation of
freedom, justice and peace in the world" and is linked to the recognition
of fundamental rights towards which every human being aspires, namely the right
to life, liberty and security of person; the right to an adequate standard of
living; the right to seek and to enjoy in other countries asylum from
persecution; the right to own property; the right to freedom of opinion and
expression; the right to education, freedom of thought, conscience and
religion; and the right to freedom from torture and degrading treatment, among
others
These are inherent rights to be enjoyed by all
human beings of the global village men, women and children as well as by any
group of society, disadvantaged or not -- and not �gifts�� to be withdrawn, withheld or granted at
someone�s whim or will.
Mrs. Eleanor Roosevelt,
who chaired the Human Rights Commission in its first years, asked, "Where,
after all, do universal human rights begin? In small places, close to home --
so close and so small that they cannot be seen on any maps of the world. Yet
they are the world of the individual person; the neighborhood he lives in; the
school or college he attends; the factory, farm or office where he works. Such
are the places where every man, woman and child seeks equal justice, equal
opportunity, equal dignity without discrimination. Unless these rights have
meaning there, they have little meaning anywhere. Without concerned citizen
action to uphold them close to home, we shall look in vain for progress in the
larger world."� The rights
contained in the Declaration and the two covenants were further elaborated in
such legal documents as the International Convention on the Elimination of All
Forms of Racial Discrimination, which declares dissemination of ideas based on
racial superiority or hatred as being punishable by law; the Convention on the
Elimination of All Forms of Discrimination Against Women, covering measures to
be taken for eliminating discrimination against women in political and public
life, education, employment, health, marriage and family; and the Convention on
the Rights of the Child, which lays down guarantees in terms of the child's
human rights
Adopted and opened, for
signature, ratification and accession by General Assembly resolution 2200A
(XXI) of 16 December 1966
Article 2 General comment on its implementation
1. Each State Party to
the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in
the present Covenant, without distinction of any kind, such as race, colour,
sex, language, religion, political� or
other I opinion, national or social origin, property, birth or other status.
Article 4 General comment on its
implementation
1. In time of public
emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take
measures derogating from their obligations under the present Covenant to the
extent strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with their other obligations under international
law and do not involve discrimination solely on the ground of race, colour,
sex, language, religion or social origin.
Article 5
1. Nothing in the present
Covenant may be interpreted as implying for any State, group or person any
right to engage in any activity or perform any act aimed at the destruction of
any of the rights and freedoms recognized herein or at their limitation to a
greater extent than is provided for in the present Covenant.
2. There shall be no
restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to
law, conventions, regulations or custom on the pretext that the present Covenant
does not recognize such rights or that it recognizes them to a lesser extent.
Article 24 General comment on its
implementation
1. Every child shall have, without any
discrimination as to race, colour, sex, language, religion, national or social
origin, property or birth, the right to such measures of protection as are
required by his status as a minor, on the part of his family, society and the
State.
Article 26
All persons are equal
before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any
discrimination and guarantee to persons equal and effective protection against
discrimination on any ground such as race, color sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
Article 27 General comment on its
implementation
In those States in which
ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members
of their group, to enjoy their own culture, to profess and practice their own
religion, or to use their own language
Declaration
on Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief.
Proclaimed by General
Assembly resolution 36/55 of 25 November 1981
The General Assembly,
Considering that one of the basic principles of
the Charter of the United Nation is that of the dignity and equality inherent
in all human beings, and that all Member States have pledged themselves to take
joint and separate action in co-operation with the Organization to promote and
encourage universal respect for and observance of human rights and fundamental
freedoms for all, without distinction as to race, sex, language or
religion,�
Considering that the Universal Declaration of
Human Rights and the International Covenants on Human Rights proclaim the
principles of nondiscrimination and equality before the law and the right to
freedom of thought, conscience, religion and, belief,
Considering that the disregard and infringement
of human rights and fundamental freedoms, in particular of the right to freedom
of thought, conscience, religion whatever belief, have brought, directly or
indirectly, wars and great suffering to mankind, especially where they serve as
a means of foreign interference in the internal affairs of other States and
amount to kindling hatred between peoples and nations,
Considering that religion or belief, for anyone
who professes either, is one of the fundamental elements in his conception of
life and that freedom of religion or belief should be fully respected and
guaranteed,
Considering that it is essential to promote
understanding, tolerance and respect matters relating to freedom of religion
and belief and to ensure that the use of religion or belief for ends
inconsistent with the Charter of the United Nations, other relevant instruments
of the United Nations and the purposes and principles of the present
Declaration is inadmissible.
1. Everyone shall have
the right to freedom of thought, conscience and religion. This right shall
include freedom to have a religion or whatever belief of his choice, and
freedom, either individually or in community with others and in public or
private, to manifest his religion or belief in worship, observance, practice
and teaching.
2. No one shall be
subject to coercion which would impair his freedom to have a religion or belief
of his choice.
3. Freedom to manifest
one's religion or belief may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or
morals or the fundamental rights and freedoms of others.
1. No one shall be
subject to discrimination by any State, institution, group of persons, or
person on the grounds of religion or other belief. !
2. For the purpose, of
the present Declaration, the expression "intolerance and discrimination
based on religion or belief' means any distinction, exclusion, restriction or
preference based on religion or belief and having as its purpose or as� its, effect nullification or impairment of
the recognition, enjoyment or exercise of human rights and fundamental freedoms
on an equal basis.
Discrimination between
human being on the grounds of religion or belief constitutes an affront to
human dignity and a disavowal of the principles of the Charter of the United
Nations, and shall be condemned as a violation of the human rights and
fundamental freedoms proclaimed in the Universal Declaration of Human Rights
and enunciated in detail in the International Covenants on Human Rights, and as
an obstacle to friendly and peaceful relations between nations.
1. The parents or, as
the case may be, the legal guardians of the child have the right to organize
the life within the family in accordance with their religion or belief and
bearing in mind the moral education in which they believe the child should be
brought up.
2. Every child shall
enjoy the right to have access to education in the matter of religion or belief
in accordance with the wishes of his parents or, as the case may be, legal
guardians, and shall not be compelled to receive teaching on religion or belief
against the wishes of his parents or legal guardians, the best interests of the
child being the guiding principle
3. The child shall be
protected from any form of discrimination on the ground of religion or belief.
He shall be brought up in a spirit of understanding, tolerance, friendship among
peoples, peace and universal brotherhood, respect for freedom of religion or
belief of others, and in full consciousness that his energy and talents should
be devoted to the service of his fellow men.
�
1.Religious and
linguistic identity of minorities within their respective territories and shall
encourage conditions for the promotion of that identity.
2.States shall adopt
appropriate legislative and other measures to achieve those ends.
Article 2
�
1. Persons belonging to
national or ethnic, religious and linguistic minorities (hereinafter referred
to as persons belonging to minorities) have the right to enjoy their own
culture, to profess and practice their own religion, and to use their own
language, in private and in public, freely and without interference or any form
of discrimination.
Proclaimed
by General Assembly resolution 2263(XXII) of7 November 1967
Convention
on the Elimination of All Forms of Discrimination Against Women .
Adopted
and opened for signature, ratification and accession by General Assembly
resolution 34/180 of 18 December 1979
entry into force 3 September 1981, in
accordance with article 27(1)
Article I
For the purposes of the present Convention, the
term "discrimination against women" shall mean any distinction,
exclusion or restriction made on the basis of sex which has the effect or
purpose of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
The General Assembly Proclaims this Declaration of the
Rights of the Child to the end that he may have a happy childhood and enjoy for
his own good and for the good of society the rights and freedoms herein set
forth, and calls upon parents, upon men and women as individuals, and upon
voluntary organizations, local authorities and national Governments to
recognize these rights and strive for their observance by legislative and other
measures progressively taken in accordance with the following principles:
The child shall enjoy all the rights set forth
in this Declaration. Every child, without any exception whatsoever, shall be
entitled to these rights, without distinction or discrimination on account of
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status, whether of himself or of his
family.
The child is entitled to receive education,
which shall be free and compulsory, at least in the elementary stages. He shall
be given an education which will promote his general culture and enable him, on
a basis of equal opportunity, to develop his abilities, his individual
judgment, and his sense of moral and social responsibility, and to become a
useful member of society.
The best interests of the child shall be the
guiding principle of those responsible for his education and guidance; that
responsibility lies in the first place with his parents.
Declaration on Social and Legal Principles
relating to the Protection and Welfare of Children, with special reference to
Foster Placement and Adoption Nationally and Internationally
The General Assembly,
�
Recalling the Universal Declaration of Human Rights, the
International Covenant on
Economic, Social and Cultural Rights, the
International Covenant on Civil� and
Political
Rights, the International Convention on the
Elimination of All Forms of Racial-Discrimination and the Convention on the
Elimination of All Forms of Discrimination against Women,
Recalling also the Declaration of the Rights of
the Child, which it proclaimed by its resolution 1386 (XIV) of 20 November
1959,
Reaffirming principle 6 of that
Declaration, which states that the child shall, wherever possible, grow up in
the care and under the responsibility of his parents and, in any case, in an
atmosphere of affection and of moral and material security,