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Community Without
Borders
United Sikhs presents a world view of Sikhs in the First Global
Civil Rights Report 2008
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Focussing on the Rights of the Sikh people spread far and wide,
United Sikhs has come out with the first report, entitled Global
Sikh Civil Rights Report 2008, chronicling the state of affairs
of Sikhs living in many countries. It is a good first attempt
and is surely the harbinger of more exhaustive and compelling
reports in future which the international community will find
difficult to ignore.
Compiled by a host of volunteers from across the world led by
Lawyers, activists and writers Jaspreet Singh, Gurminder Singh,
Gurpreet Singh, Dhani Ram Sapkota, Mejindarpal Kaur, Gurbachan
Singh, Dr. Inderjeet Singh and Joga Singh, the report seeks to
address the various civil, political and economic issues faced
by Sikhs and urges governments and the United Nations to listen
to the voice of the Sikh people in this year, which marks
twenty-five years of anti-Sikh policies in India impacting the
life and times of Sikhs all across the globe.
Specifically for the United States, this pioneering report
presents the situation after 9/11 and takes up the challenge of
hate crime on the streets and in a cross section of the media.
Perhaps, it is time for all similarly aligned and oriented Sikh
organizations to share and pool their manpower and other
resources to ensure that the delivery of solutions to various
challenges becomes a reality. |
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 Every
country and individual has a duty to defend human rights and help
spread democracy’s blessings. The United Nations helps countries
develop democratic institutions that will ensure human rights are
respected over the long term. UNITED SIKHS calls upon countries to
honor their international obligations to protect human rights.
UNITED SIKHS stands in solidarity with the courageous men and women
across the globe who live in fear yet dream of freedom to enjoy
their fundamental human and civil rights as established in the
Universal Declaration of Human Rights.
By defending and advancing human rights, civil rights and democratic
principles, we keep faith with the world’s most cherished values and
lay the foundation for lasting peace. While working to uphold the
principles of the Universal Declaration of Human Rights and working
to build vibrant communities worldwide, we understand that it may
take generations to achieve peace, but it is work of the utmost
urgency that cannot be delayed.
World View
Sikhism recognizes the universal truths that underlie all human
endeavors, religions and belief systems, though people differ in how
they institutionalize those beliefs into a code of conduct and a way
of life. Much as Sikhs love their religion, Sikhism is equally
respectful and tolerant of another - a non-Sikh - who loves his or
her own religion in his or her own way. Sikhism asks a non-Sikh to
discover and live the essential message and meaning of his own
religion so that a Christian can become a better Christian, Jew a
better Jew, Hindu a better Hindu, while a Sikh becomes a better
Sikh.
Civil Rights Issues Facing Sikhs:
The events of
September 11, 2001
significantly changed the state of civil rights globally. Many
countries tightened their borders, there was a marked global
increase of arbitrary and illegal detentions, use of torture was
well documented, and there has been a general constriction and
conservative interpretation of basic freedoms. Commonly heralded as
countries that were at the forefront of human rights, the
United States
and United Kingdom are being accused of many human rights violations
in conjunction with the Iraqi conflict, the Afghan conflict, and the
war on terror.
 Sikhs have a long history of defending civil and human rights. Guru
Nanak, the founder of the Sikh faith, spoke out against the social
and political injustices of the time. He fought state-sanctioned
religious persecution and condemned discrimination against women.
Guru Tegh Bahadur, the ninth Sikh Guru, sacrificed his life for
another’s right to choose his/her faith.
The general consensus among Sikh advocacy organizations is that
there is severe underreporting in the Sikh community, especially
when it comes to bullying in schools, employment discrimination,
mishandling by security officers at airports, mistreatment by
police, and verbal harassment. As Sikhs are also part of a diasporic
community, the underreporting stems from a variety of factors, some
of which are a lack of trust of police, immigration status, language
barriers, and general lack of understanding of the services and
remedies available to address these problems.
Sikhs were significantly affected in the aftermath of 9/11, as
reports collected from around the globe indicate that Sikhs face an
increase of racism, discrimination, and xenophobia, primarily due to
a lack of education of who Sikhs are and stemming from Sikhs’
distinctive appearance. While it has been difficult for the Sikh
community to deal with these trends, 9/11 also served as a wake-up
call for the community that imminent action was required. It is a
critical time for Sikhs as it is often for the first time that
issues regarding Sikhs and Sikh practices are being legally
challenged or protected, and it is a time where Sikhs are being
required to legally defend Sikhism as a bona-fide religion as well
as Sikh practices.
 The point of recognition as an official religion is an interesting
one being raised by parties to a case in
Belgium dealing with a school-boy’s right to wear his dastaar (Sikh
turban) in school. It is important to note that India, where the
largest community of Sikhs lives, Sikhism is not officially
recognized as a separate religion, but rather as a sect of Hinduism
under the Constitution. This is despite the fact that Sikhs have
been in existence since the 15th century and established a
completely separate identity that was well-documented from that time
forward. Sikhs are identified as a distinct religion in historical
documents of the time of the Mughal Empire, as well as during the
British Empire.
Also, common-sense dictates that it is blatantly discriminatory that
Sikhs are not recognized as a separate religion in India. In 1984,
Sikhs faced religious violence in
Delhi
and Panjab, India, where mobs singled out homes and shops of Sikhs
to kill and otherwise destroy families, as well as singling out
Sikhs on buses and trains, identifying Sikhs by their distinct
appearance.
The dastaar (Sikh turban) has been a particular point of contention
in many countries and Sikhs often trace the discrimination against
them to the dastaar. For example, despite the death of over 80,000
and injury to over 100,000 Sikhs in WWI and WWII while fighting in
Europe for the Allied Forces wearing the dastaar instead of helmets,
as is required by Sikh practice, in 2004, the French government
passed laws banning ostensible religious symbols in schools and on
photograph identification documents. These laws thereby caused the
expulsion of Sikh students from French public schools and Sikhs are
unable to renew identification documentation containing photographs
when wearing the dastaar. After having exhausted domestic remedies
in France, UNITED SIKHS, with the support of the global Sikh
community, is filing cases on these important issues before the
United Nations Human Rights Committee on December 15th.
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The civil rights issues facing the Sikh community vary in severity
from country to country, but the overall themes of discrimination
are the same. These issues can be significantly affected through
community empowerment, political participation, advocacy, education,
and a continued commitment to the core concept of Sarbat da Bhala
(for the good of all) and that most eloquent of Sikh maxims, to
Recognize the Human Race as One.
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As
Sikh practice does not allow the removal or covering of the dastaar
to wear a helmet, Sikhs often face discrimination within military
and quasi-military service, jobs requiring hardhats, and the ability
to ride motorcycles. Sikhs have successfully advocated for the right
to serve in certain militaries around the world including the UN
peacekeeping forces,
India,
Canada, Britain, Australia, Malaysia, Thailand, Sweden, and Iran,
but other countries, such as the
United States,
forbade the enlistment of Sikhs wearing turbans. Questions regarding
employment as a turbaned police officer have arisen in various
places, including Canada, New Zealand, Britain, the United States,
and Ireland. Of these countries, all have conveyed the right to
become employed as police-personnel except Ireland.
There is widespread discriminatory treatment of Sikhs globally in
airports, where the dastaar is treated very suspiciously by airport
security officials. In the west, the turban has been linked to
terrorism by media portrayals of men in turbans as terrorists. Sikhs
are often asked to remove their turbans while traveling, and
incidents have been reported spanning the globe from
Spain to Antigua to Australia and the United States. Sikh advocacy
organizations and leaders have worked hard to address this issue at
various airports globally, but reports continue as trainings are
insufficient to completely stem the discriminatory conduct. In an
incident in November 2008, three famous Sikh musicians were kicked
off a USAirways flight in Sacramento, California when a pilot
refused to fly with the three on board.
Sikhs regularly face religious discrimination in relation to their
kakaar (five articles of faith carried at all times by initiated
Sikhs), primarily in relation to the understanding and
implementation of the right to wear the kirpan (a short steel or
iron blade that is carried as one of five articles of faith). Many
non-Sikh authorities view the kirpan solely as a weapon as opposed
to an article of faith which has a strict code of conduct associated
with it. Post-9/11, Sikhs are rarely if ever allowed to carry the
kirpan on board an aircraft, and many Sikhs are harassed and even
arrested for wearing the kirpan in a public place. Numerous
incidences of harassment or arrest involving the kirpan have
occurred world-wide, including in countries that have laws or court
rulings protecting the right to wear the kirpan.
 This year, for example: In the United States, Sachdev Singh was
arrested and humiliated for entering a courthouse in
Connecticut with his kirpan. In Portugal, Gurmail Singh’s kirpan was
confiscated at a British Embassy and he faced the possibility of
charges for carrying a weapon before police recognized the religious
significance of the kirpan after UNITED SIKHS intervened. In the
United Kingdom, where the wearing of the kirpan is protected under
enacted law, six Sikh youths were refused entry into Drayton Manor
theme park while wearing the kirpan. In Canada, a thirteen year old
was suspended and arrested prior to any investigation of the
allegations surrounding the incident. Despite the complete
recognition of religious freedom as a basic right by the UN, Sikhs
wearing the kirpan were denied entry into the UNESCO headquarters in
Paris, France, ironically when seeking admission into an event
marking the 60th Anniversary of the Universal Declaration of Human
Rights.
Issues with other kakaar continue to arise as well. In July 2008, in
Wales, a High Court ruled that the Aberdare Girl’s School had broken
the law in permanently excluding a 14-year-old Sikh girl for wearing
a kara (a steel or iron bangle worn as one of five articles of
faith), on the basis of the UK Race Relations Act 1976 and the
Equality Act 2006. Prisoners’ rights cases can constitute some of
the most egregious of religious rights violations. In July 2008,
Jagmohan Singh, an inmate in Duval County Jail in
Jacksonville, Florida, USA had his previously unshorn hair forcibly
cut by jailors. It is against a Sikh’s religious practice to cut
his/her hair, as kesh(unshorn hair) covered by a dastaar (Sikh
turban) is one of five articles of faith which a Sikh must keep at
all times. Historically, kesh and the dastaar have been a central
feature of the Sikh identity and Sikhs have faced severe persecution
in relation to their unique identity in
South Asia
and elsewhere.
For example, in the 17th and 18th century in undivided India, Sikhs
were facing forcible conversion by tyrannous rulers and one of the
methods used for forcible conversion was the cutting of a Sikh’s
kesh (unshorn hair). As a result, the forcible cutting of the kesh
is perceived as one of the most humiliating and hurtful physical
injuries that can be inflicted upon a Sikh. Sikhs specifically
remember those martyrs who willingly sacrificed their lives rather
than giving up their kesh, within their daily prayers. Jagmohan
Singh’s need to keep his kesh intact, covered with a dastaar must be
understood in this context. Despite the submission of a petition
that garnered over 4,000 signatures and various suggested remedies,
jail officials refuse to stop cutting his hair or transfer him to a
facility that will allow him to keep his religious rights intact. In
another prisoner’s rights case, Navdeep Singh, an inmate in a
New York, USA jail is not being allowed to have a dastaar or kara,
and is only being given a very limited number of kacchera
(traditional undershorts worn as one of five articles of faith). He
has also reported that prison officials have shown a great deal of
disrespect and lack of care while handling his religious texts.
 Incidents of discrimination and harassment against Sikhs are
commonplace in many countries. Sikhs regularly report incidents of
verbal harassment where they are called a variety of racial
epithets. For example, a Sikh student in medical school in the
Caribbean reported that when he traveled through non-school and
non-tourist areas, he would be called “Osama” or “Bin Laden” two to
three times in a single trip. Physical assaults related to
discrimination against Sikhs are most commonly reported in the
United States, and are often referred to as hate or bias crimes, as
there are federal laws and laws in some states which provide harsher
punishment for those crimes committed with discriminatory intent.
Two of the more notable attacks this year, completely separate
incidents, involved Sikh men over the age of 60, where the attackers
were significantly younger and attacked the men completely
unprovoked.
Assaults and physical harassment are also often reported in school,
by children who are being bullied due to their dastaar or kesh.
While reports of this are also received in many countries, it is
important to highlight two separate incidents earlier this year
where two Sikh children were assaulted by having their hair forcibly
cut by bullies. The forcible cutting exhibits an understanding yet
utter disregard of the religious importance of the kesh, and the
specific ill intent of the bully towards the Sikh faith. There is a
problem with the issue of enforcement of hate crime statutes in the
United States, where police and prosecutors are often unwilling to
prosecute crimes as hate crimes.
As
a minority community in every country, Sikhs have often not been
afforded equal protection under the law. In
India, it is generally difficult for minority communities to receive
justice in the court system, where corruption often dictates
outcomes or problems with enforceability. In June 2008, during
peaceful protest in Mumbai, Sikhs faced police brutality as they
were protesting the shooting of a Sikh by the bodyguards of a
controversial sect leader. In the United States, there were two
incidents of police brutality that are of note. In the first,
Nirvair Singh, a Sikh visiting from India, fell ill and went into a
bank to ask for assistance. Due to the language barrier he was
unable to effectively communicate with bank employees, and he sat
down to take rest due to his illness. Bank employees, observing that
he had a turban, beard, and luggage with him, assumed that he was
dangerous and called police, after which police also assumed that
the man was a threat and used severe tactics including attacking him
with a police dog.
 In
another incident in the
United States, a Sikh family in Houston called the police when their
house was robbed. Police proceeded to arrest all the family members,
and began questioning them regarding the terrorist attacks this year
in Mumbai, India. In Belgium, a Sikh Gurdwara was raided as part of
a city-wide immigration raid while services were in progress, and
thirty individuals were arrested. Despite the protest of the
Gurdwara management that a special 48-hour continuous reading of Sri
Guru Granth Sahib Ji, known as an akhand paath, was taking place and
that the granthi (person conducting the prayers) immediately
displayed valid immigration papers, police arrested him as well and
stopped the prayers. All the individuals arrested there were
released, and the Sikh community was particularly incensed that a
Gurdwara was targeted in this manner when no other religious
establishment was raided.
Due to their distinctive appearance, employment discrimination has
been a recurrent civil rights issue for Sikhs world-wide. Most cases
of employment discrimination against Sikhs stem from the dastaar
(Sikh turban) or kirpan (a short steel or iron blade that is carried
as one of five articles of faith). In
California, USA, Sarabjit Kaur, a security guard at a hospital was
told that she could not wear her dastaar at work. After UNITED SIKHS
intervened, she was able to wear her dastaar, but her employer then
began to retaliate against her in other ways, including unfairly
changing her schedule, delaying her pay-raise, and assigning her to
standing posts while she was pregnant, unlike other employees. In
another case involving a Sikh security guard in
Texas,
USA, a company told Sukhdev Singh that he had to shave and cut his
hair to fit a “quasi-military appearance.” UNITED SIKHS has
received reports of employment discrimination in Canada, Denmark,
Russia and Spain amongst other countries. In all these incidents,
Sikhs were told asked to choose between the dastaar and the job.
Sikhs in India also report employment discrimination and university
admission discrimination.
General Global Recommendations
In
order to consistent and effectively advocate to resolve these
issues, there is a need for global monitoring and data collection
with regard to incidents such as those described above. Government
agencies and leaders should be especially careful about the speech
they use connecting terrorism or other criminal acts to particular
religions, races, or ethnicities. Furthermore, there is a need for
more responsible media as well, as it is often the combination of
sensational media and a lack of education that lead to
discrimination against minorities.
In
most places there is a lack of significance given to articles of
faith and general lack of respect for religious practice. There is
urgent need for educational programs to be instituted in schools,
governmental offices, and in the private sector to educate students
and staff on diversity issues, critical thinking, and to inform
students and staff about Sikhs and other minority communities.
Discrimination should be aggressively prosecuted and the penalties
imposed should be large enough to deter such practices in the
future. Finally, in terms of security, government agencies should
implement specific procedures that do not profile particular
individuals and should base security policies on factual data rather
than speculation.
The civil rights issues facing the Sikh community vary in severity
from country to country, but the overall themes of discrimination
are the same. These issues can be significantly affected through
community empowerment, political participation, advocacy, education,
and a continued commitment to the core concept of Sarbat da Bhala
(for the good of all) and that most eloquent of Sikh maxims, to
Recognize the Human Race as One.
For the full
report, log on to
www.unitedsikhs.org
25
February 2009
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