SHRG Achievements at the Conference

The Declaration agreed at the world conference in Durban adopted the following paragraph, which is para 67 in the document, following intensive lobbying by SHRG members and lengthy discussions amongst states. It is in generic language. It was introduced by Canada who stated that the para would ensure the prevention of specific forms of discrimination against Sikhs. The para was supported and negotiated by India with the help of Australia. Both countries mentioned Sikhs as the subjects of this para.

"We recognise that members of certain groups with a distinct cultural identity face barriers arising from a complex interplay of ethnic, religious and other factors as well as their traditions and customs and call upon States to ensure that measures, policies and programmes aimed at eradicating racism, racial discrimination, xenophobia and related intolerance address the barriers that this interplay of factors creates."

The para represents a collective recognition by the UN states of the particular problems of discrimination faced by Sikhs across the globe and a collective willingness to deal with those problems. It recognises that those problems are due to a complex range and interplay of factors. They are not just to do with issues of a racial identity or a religious identity or a cultural identity; they are to do with an amalgamation of these and related factors. National laws which concern only race or religion or culture may not necessarily protect Sikhs in all instances. The resolution recognises and implicitly calls upon States to address these problems by looking at the interaction of all these factors that affect Sikhs.

Importance of para 67
The resolution is of vital importance in ensuring that Sikh communities are able to co-exist and thrive on an equal basis with other communities. Having supported the resolution, States are now politically and morally obliged to act upon it. They will now have to look at their national laws, policies and practices and consider whether and to what extent they fail to provide adequate protection for the rights of Sikhs or fail to ensure their full and effective participation in all spheres of life.

Definitions of race and other ways of categorising people will have to be re-assessed to ensure that certain groups, such as the Sikhs, who cannot be defined purely in racial or religious or cultural terms are indeed protected. For example, many European states which fail to recognise the rights of turban-wearers will have to examine their laws and consider what can be done to modify those laws to give effect to the spirit of para 67.