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Definition of minorities

Professor James MesseyProfessor James Messey, former Member of the National Commission for Minorities of India in an exclusive interview with Sunday Observer staffer P. Muthiah discusses the definition of minorities their problems, religion conversion and expresses confidence of peace returning to Sri Lanka soon.

Q: How would you define the, problems of minorities?

A: The discussion on the issues of minorities and their rights in the present form has been going on for almost a century. After the First World War, the concern of the minorities particularly in the context of Europe was on the agenda of the League of Nations.

The discussion on the minority issues continues, but no formal attempt was made to define a `minority'. In 1945, the United Nations put more emphasis on the human rights rather than minority rights. It is in 1977, that a UN study on the 'Rights of Persons belonging to Ethnic, Religious and Linguistic Minorities offered a definition of a minority group.

It defined the minority as "a group numerically inferior to the rest of the population of a State, on a non-dominant position, ethnic, religious or linguistic characteristics differing from those of the rest of the population and show if only implicity, a sense of solidarity, directed towards preserving their culture, tradition, religion or language."

A revised version of the definition was submitted to a Sub-Commission of the United Nations in 1985. Accordingly, it defined the minority as "a group of citizens of a State, constituting a numerical minority and in a non-dominant position in that State, endowed with ethnic, religious or linguistic characteristic which differ from those of the majority of the population, having a sense of solidarity with one another, motivated, if only implicitly, by a collective will to survive and whose aim is to achieve equality with the majority in fact and in law."

Q: The problems of minorities in the North and the South differ in many ways. Wouldn't you agree?

A: Yes. In Northern countries the problem of the minorities and the violation of their basic rights have been related more to the ethno-cultural differences with the local people. Whereas in the Southern countries this problem centred either on religious or on indigenous factor.This is especially true in South Asian countries which include India, Pakistan, Bangladesh, Bhutan, Sri Lanka and Nepal.

The Indian Constitution does not define the word 'minority'. It also does not give minorities any special rights, because these are the same, which are enjoyed by the majority. The Constitution offers only some safeguards to the rights of minorities through two specific articles.

Q: In South Asia, the conversion factor takes upper-hand. Several countries have passed anti-conversion bills. What is your view?

A. In India, three States of Orissa, Madhya Pradesh and Arunachal Pradesh enacted anti-conversion laws in the later part of the sixties and seventies. Tamil Nadu passed this law in 2002 and Gujarat in 2003. However, the Tamil Nadu government withdrew this law after the election defeat of the ruling party in that State.

The definition of conversion, according to five laws enacted by these states, is renouncing one's own religion and adopting another. In all these laws, the expressions 'force','fraud', 'inducement', are well defined. Both the High Court and Supreme Court have positively decided on these laws.

Q: India and other South Asian countries face religious problems. But in Sri Lanka we face an ethnic problem. We have lost thousands of lives during the past two decades.What is your opinion on this question?

A: One thing I want to stress is that all the sides must have political will to solve the problem. No problem, in any part of the world, was solved without negotiations. The sides concerned should come to the negotiating table, share views, thrash out the issues and come to a settlement. With all the difficulties and problems the ceasefire is in force.

This is a good example for all the sides to proceed with peace talks. I am sure peace will return to Sri Lanka very soon.

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