Belwa in UN

UNITED NATIONS
E
Economic and Social Council
Distr.
GENERAL
E/CN.4/2006/16/Add.1
27 March 2006
ENGLISH / FRENCH / SPANISH
COMMISSION ON HUMAN RIGHTS
Sixty-second session
Item 6 of the provisional agenda
RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND ALL FORMS OF DISCRIMINATION
Report by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mr. Doudou Diène
Addendum
Summary of cases transmitted to Governments and replies received∗
∗ The present document is being circulated as received, in the languages of submission only, as it greatly exceeds the
word limitations currently imposed by the relevant General Assembly resolutions.
Contents
Paragraphs Pages
Introduction …………………………………………………..………... 1 3
SUMMARY OF CASES TRANSMITTED AND REPLIES
RECEIVED ……………………………………………………………. 2 – 105 3
Canada………………………………………………………………….. 2 – 5 3
Chile …………………………………………………………………… 6 – 10 4
Colombia ………………………………………………………………. 11 – 16 5
Côte d’Ivoire……………………………………………………………. 17 – 19 7
Denmark………………………………………………………………… 20 – 27 7
Dominican Republic…………………………………………………….. 28 – 30 10
France…………………………………………………………………… 31 – 32 10
India…………………………………………………………………….. 33 – 40 10
Iran (Islamic Republic of) ……………………………………………… 41 – 42 12
Israel …………………………………………………………………… 43 – 44 12
Latvia…………………………………………………………………… 45 – 48 12
Myanmar……………………………………………………………….. 49 – 52 13
Nepal……………………………………………………………………. 53 – 55 14
Nicaragua………………………………………………………………. 56 – 59 15
Niger…………………………………………………………………… 60 – 69 16
Peru……………………………………………………………………. 70 – 71 18
Poland………………………………………………………………….. 72 – 75 18
Romania………………………………………………………………… 76 – 77 19
Russian Federation……………………………………………………… 78 – 86 20
Saudi Arabia…………………………………………………………… 87 – 89 23
Sudan…………………………………………………………………… 90 – 92 24
Switzerland…………………………………………………………….. 93 – 95 25
United States of America ……………………………………………… 96 – 102 26
European Union………………………………………………………… 103 – 105 27

Introduction
1. This addendum to the report of the Special Rapporteur on contemporary forms of racism,racial discrimination, xenophobia and related intolerance gives an account of the communications sent to Governments by the Special Rapporteur between 31 January 2005 and 31 January 20061. It also contains in summary form the replies received from Governments to his communications during the same period, as well as observations of the Special Rapporteur where considered appropriate. Replies to communications which were received by the Special Rapporteur after 31 January 2005 will be reflected in his next report.
SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED

India
Communication sent to the Government
33. On 16 August 2005 the Special Rapporteur, jointly with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Representative of the Secretary-General on the situation of human rights defenders, sent an urgent appeal to the Government concerning the case of Dr. Lenin Raghuvanshi, a human rights defender with the Peoples’ Vigilance Committee for Human Rights (PVCHR), an organization working for the Dalits and ‘lower caste’ communities in Varanasi, Uttar Pradesh,India, focusing on education for children and the right to self determination for these community
members, his associate Mr. S.N. Giri, and Ms. Anupam Nagvanshi, field coordinator for
PVCHR.
34. According to the information received, on 5 August 2005, at approximately 8:00, Dr.Lenin Raghuvanshi received a phone-call on his mobile phone from a man (the identity of whom is known to the experts) demanding that Mr. S.N. Giri withdraw his nomination from an election due to be held in Belwa village on 17 August 2005. Furthermore, on 7 August 2005, at approximately 20:35, Dr. Lenin Raghuvanshi allegedly received another phone-call from the same person threatening that if his associate did not withdraw his nomination, Dr. Lenin Raghuvanshi, his family and Mr. S.N. Giri would be shot dead. Dr. Lenin recorded the phone conversation and lodged a complaint with the Senior Superintendent of the Police and the District Magistrate. He reportedly also faxed a complaint to the Chief Minister of the State.
35. It was reported that on 10 August 2005, at approximately 16:00, Ms. Anupam Nagvanshi,was surrounded by a number of people connected to the village authorities (the identity of whom is known to the experts) who asked her why she was encouraging the Dalits and ‘lower caste’community to cast their votes in the upcoming election. Ms. Anupam Nagvanshi was allegedly threatened with murder if she returned to Belwa village. Ms. Nagvanshi telephoned the police at approximately 18:00 on 10 August 2005 but no officer was dispatched. She then sent a written complaint by registered post to Phoolpur police station. It was reported that no action had been
taken in this case by the Phoolpur police.
36. In this respect, the Special Rapporteurs expressed their concern for the harassment of individuals working with the Dalits and ‘lower caste’ communities. In light of the fact that the Belwa village and its surrounding areas were reportedly known for both capturing and election related fraud, and that during the February 2002 elections, people from these communities were allegedly assaulted when they turned out to vote, these threats were considered to constitute an attempt to intimidate Dr. Lenin Raghuvanshi, Mr. S. N. Giri and Ms. Anupam Nagvanshi and
prevent them from carrying out their human rights work with the Dalits and ‘lower castes’ in Varanasi. Previously, on 26 August 2003, Dr Lenin Raghuvanshi had been arrested and detained for four hours for organising a protest before the Sub Divisional Magistrate in Varanasi.
Observations
37. The Special Rapporteur regrets that no reply to his communication had been received from the Government of India at the time this report was finalised.
38. The Special Rapporteur intends to follow up on this case. In the event that no response is received from the Government, he will no longer treat the case as an allegation but as a proven fact.