INTERNATIONAL LAW

PROJECT WORK ON

RACISM AND INTERNATIONAL LAW

SUBMITTED BY, S.BALA SHANMUGA PRIYA, III YEAR B.A.B.L. (HONS.), A SECTION, SOEL.

RACISM AND INTERNATIONAL LAW

CONTENTS: 1. 2. 3. 4. 5. INTRODUCTION3 WHAT IS RACISM???..................................................................................3 TYPES OF RACISM4 HISTORY OF RACISM..4 CAUSES AND EFFECTS OF RACISM a) Racism at its worst6 (Neuremberg Trial) 6. ISSUE- INDIAN STUDENTS BEING KILLED IN AUSTRALIA a) Racism continues in Australia7 b) Facts..7 c) Students leaving...8 d) Reasons behind the attacks.8 7. STATE RESPONSIBILITY AND RACISM a) What are the responsibilities of state under International law???....9 b) Australian legislation and International law.9 c) Common Wealth Racial Discrimination Act (1995)10 d) Common Wealth Racial Hatred Act (1995)..11 8. HUMAN RIGHTS AND RACISM a) Using International Human Rights to fight Racism13 b) Combatting Racism (The U.N World Conference against Racism, WCAR) ..13 c) International Day for the Elimination of Racial Discrimination14 9. ROOTS OF THE CLASH..15 10.CONCLUSION16 11.BIBILIOGRAPHY..17

RACISM AND INTERNATIONAL LAW (INDIAN STUDENTS BEING KILLED IN AUSTRALIA)

OBJECT OF THE STUDY:

The object of the study is to find out the reasons behind the attacks of the Indian students in Australia and also about the responsibility of the state in tackling the issue.

METHODOLOGY:
The methodology adopted by the researcher is doctrinal. The researcher referred books, articles, UN Charter and relevant reports.

RACISM AND INTERNATIONAL LAW

INTRODUCTION: All human beings belong to a single species and share a common origin. They are born equal in dignity and rights. They form an integral part of humanity. All peoples of the world possess equal faculties for attaining the highest level in intellectual, technical, social, economic, cultural and political development. The differences between the achievements of the different people are entirely attributable to geographical, historical, political, economic, social and cultural factors. Such differences can in no case serve as a pretext for any rank ordered classification of nations or peoples. Racism takes many different forms. It can range from abusive language or discriminatory treatment to genocide, simply on the basis of someone's 'race' or colour. Every day, science proves more clearly that humanity, although diverse, is one family and one people. Sadly our common experience also shows that racism, hatred or dislike of others simply because of their origin or culture is a common human failing. WHAT IS RACISM??? The definition of racial discrimination is contained in Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination. According to this, "The term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life" In other words, Racism is any action or attitude, conscious or unconscious that subordinates an individual or group based on skin colour or race. It can be enacted individually or institutionally. Racism requires four elements: 1. The belief in separate, definable and recognizable "races." 2. The belief that one "race" is superior to others. 3. Possession of power by the "superior race" to act against "inferior races" without effective defence or redress.

4. Action that is both arbitrary and harmful. TYPES OF RACISM: Racism is of 4 types. They are as follows, SPATIAL RACISM: Refers to the patterns of metropolitan development in which some affluent whites create racially and economically segregated suburbs or gentrified areas of cities, leaving the poor isolated in deteriorating areas of cities and older suburbs. INSTITUTIONAL RACISM: People who assume, consciously or unconsciously, that white people are superior create and sustain institutions that privilege people like themselves and habitually ignore the contributions of other peoples and cultures. This white privilege often goes undetected because it has become internalized and integrated as part of ones outlook on the world by custom, habit and tradition. It can be found in most of our institutions: judicial and political systems, social clubs, associations, hospitals, universities, labour unions, businesses, corporations, the Church, health care centres and housing. INTERNALISED RACISM: When people of colour see themselves and their communities primarily through the eyes of the dominant culture and they apply to themselves the negative stereotypes. INDIVIDUAL RACISM: People grow up with a sense of white racial superiority, whether conscious or unconscious.

HISTORY OF RACISM: Racism and prejudice has always existed among man, but in different shapes depending on the time in history. The fear of the unknown is a natural reaction. Throughout the history people have made borders and strong defences to keep strangers out. In the effort to keep strangers out people are developing still stronger and more effective weapons. This striving toward safety has started several wars and killed millions of people. Racism has historical roots in the European colonialism that started more than 400 years ago. It had serious consequences for societies and nations all over the world. Western empires grew in wealth and power because of their exploitation of their colonies around the world. In the beginning

European traders got gold and land in exchange for glass pearls and other worthless items. Later the Europeans conquered large areas of land and made them into colonies. The native people served as slaves or cheap labour on the land that had once belonged to themselves, or were brought back to the empires and sold as slaves. In some areas the entire native population was wiped out or driven away. The year 1963 was a pivotal year in the history of race relations in the United States. In 1963 members of the white supremacies group, Klu Klux Klan bombed on all black church in Birmingham, Alabama killing four young girls. In April of that year, Martin Luther King Jr. and several other civil rights leaders initiated a nonviolent protest campaign to desegregate public facilities in Birmingham, Alabama. City authorities turned fire hoses and police dogs on a large crowd of demonstrators. The violent commotion was broadcast in national and world news media, allowing millions to witness the startling brutality of American racism for the first time. Two months later, President John F. Kennedy appeared on national television to proclaim his support for pending legislation that would forbid racial discrimination in employment, housing, and public accommodations. Two hundred and fifty-thousand people, the largest protest group in U.S. history marched to the Lincoln Memorial, where several civil rights leaders delivered speeches. The highlight of this event was Martin Luther Kings eloquent and heartfelt I Have a Dream speech. I have a dream, King yearned, that my four little children will one day live in a nation where they will not be judged by the colour of their skin but by the content of their character. More than forty years later, Kings words remain an emblem for those who aspire to create a society unimpeded by racism.

CAUSES OF RACISM: Racism exists practically in all countries, but in certain places and situations it is especially common. Some of the very common reasons for racism to arise are fear or the need for a "scapegoat". If things are going badly, many peoples natural reaction is to blame somebody else. This is exactly what often causes racism, if the unemployment is rising or the national economy is very weak, many people will look for a scapegoat to blame, and in most cases they will choose the people that they do not know, such as those with a different ethnical or cultural background. Another contributing factor to racism is social and economic status. People are often judged by where they live, how much money they make, what type of car they drive and so on. According to CNN in 2004, the percentage of Americans living under the poverty level was 12.5%. In this same year the percentage of African Americans living under the poverty level was 24.4%, almost twice the national level. This tends to cause a feeling of superiority amongst some people over the African Americans. This also may cause people to generalize all African Americans as poor since

the number is so high. In a study done at the University of Michigan it was found that all minorities are viewed negatively by whites in terms of potential for violence. In the essay Black Men and Public Space, the author finds that people feel threatened by him because he is black. They see him as a potential danger to their safety and often choose to keep their distance from him even though in reality, he poses no threat and is in fact a young grad student. In the same study done at Michigan it was also found that 45% of whites think blacks are lazy; 29% think blacks are unintelligent; less than one in five think Blacks are hard -working and 56% of whites feel that blacks would rather live on welfare than work. According to the national consensus in 2004 the unemployment rate of African Americans was 10.9 % whereas the unemployment rate of whites was 4.9% and the unemployment rate of Hispanic Americans was 8.2%. This also contributes to the idea that whites think blacks are lazy therefore causing a feeling of racial superiority. RACISM AT ITS WORST: NEUREMBERG TRIAL: One of the worst manifestations of racist ideas took place in Germany under the command of Hitler. He built up a terrible hate for Jews. He founded "The German National Socialist Working Party" in 1920. Their main ideas were: Throw out the Jew, communists, homosexuals, handicapped, gipsies etc.., Domination of the "German race, Work for everybody and more power to Germany. Hitler blamed the Jews for the poverty and unemployment and made them into the scapegoats of society. He built concentration and extermination camps and more than 6 million Jews died. The Neuremberg Tribunal was established to try and punish the war criminals of Germany. The main charge against these accused was that they had committed war crimes: crimes against peace and crimes against humanity during the Second World War. Under the leadership of Hitler these accused had committed inhuman atrocities upon the Jews. These accused were also charged for having violated the treaty of Versailles, 1919 and the Pact of Paris, 1928. The Neuremberg Tribunal made it clear that the laws of war are not only for states but they are also capable upon individuals.

EFFECTS OF RACISM: Racism is adverse to the state and the nation itself. It destroys group patriotism and threatens national unity. The emergence of two separate nations in one land can be an outcome (Yodathezen). In some parts of post-Communist Europe, an unemployment rate of as high as 90% was a consequence of racism. Racism is very expensive. The millions of dollars were lost in race riots. Racism is also deleterious to productivity in which a large part of national work force remains unutilised. And in the

international community, racism gives the whole country a black-eye, as when South Africa was universally condemned and deprived participation in world events and trade for many years.

ISSUE-INDIAN STUDENTS BEING KILLED IN AUSTRALIA: RACISM CONTINUES IN AUSTRALIA: Racism in Australia has been around ever since the 17th century since the British came to colonize Australia. The British were discriminatory towards the Aborigines (Unrepresented Nations and Peoples Organization). Today, the racism towards them continues, but a new group has appeared, the Indians. Many Indian immigrants in Australia are subjected to racism and discrimination. They face racism and are discriminated on a daily basis. The amount of attacks and deaths towards Indians due to racial issues continue to rise, while the Australian government is in denial. They believe that the attacks arent due to racial motives and arent speaking up about it very often. Many are wondering why it is the Indians being attacked and when it will be stopped. In the last 10 years, over 10 lakh Indian students have travelled to Australia to further their studies. The Australian High Commission is located in New Delhi, India to foster the education link between the two countries, which explains the large number of Indians going overseas to Australia. However, Indians, being the most targeted group at the moment, many students are involved in attacks and abuse.

FACTS: In Melbourne, more than 135,000 students faced racial difficulties. There have recently been over 17 deaths connected to the rising issue. Both students, Baljinder Singh and Sravan Kumar Theerthala were harmed while in their houses. Petrol bottles thrown by people outside through the window hit one and the other stabbed and robbed. These situations left both of them hospitalized, where Theerthala was in a coma. After facing the attack, Baljinder spoke out. My advice to every Indian student now, who wants to come to Australia, is please dont come and theres no life here. This isnt the first of many warning by students. Many have even left the country scared for their safety. Nitin Garg, an Indian student, was stabbed to death on his way to work at night, in West Foorscray, a Melbourne suburb. He managed to make his way into the restaurant, where he worked, to get help. He later died at Royal Melbourne Hospital. His close family and friends say it is directly related to the many attacks on Indians and racial issues that have occurred over the past few years. The police on the other hand are not going to make any conclusions and arent sure. Protests are being held to

publicize that their attacks are in fact related to racial issues. In response, the Victorian government is stopping the protesters and ignoring their outcries. Nitin Gargs death also sparked a high-level war of words, with Indias External Affairs Minister, S.M. Krishna, warning that the heinous crime would harm bilateral relations. Australian Deputy Prime Minister Julia Gillard insisted that Australia was an accepting, tolerant, multicultural nation with one of the worlds lowest crime rates. Police say 1,447 Indians were victims of reported crime in Victoria, where Melbourne is situated in the year 2008. The Federation of Indian Students of Australia (FISA) believes the true figure is several times higher. STUDENTS LEAVING: Overall, the number of foreign students coming to Australia over the period 2009-2011 declined significantly, owing to several factors. A steep rise in the value of the Australian dollar made Australia less attractive than its chief competitors in Britain and the U.S.A., while a tightening of government regulation of the education and of visa requirements contributed to this decline, but some Indians also indicated concern over safety as an issue. In 2010, Federation of Indian Students in Australia (FISA) says that 30,000 Indian students have left Australia in the last year, and claims "race attacks is one of the major reasons behind the exodus. Other significant factors include that there are no jobs and students can't survive without that. Denying permanent residency to many Indians despite fulfilment of conditions has also been a reason." REASONS BEHIND THE ATTACKS: What is happening to Indian students in Australia??? Why have they been mugged, knifed and murdered mostly in Melbourne, Australia's proud multi-racial melting pot city where people from 140 nations live side-by-side??? The killing of Nitin Garg has thrust concern about the safety of Indian students in Australia back into the spotlight straining diplomatic ties and reenergizing debate about whether racism or just criminal behaviour is the root of the problem. Australian police have said the attacks appear to be random with no evidence they were racially motivated. Every other night, we have news presenters telling us over on-screen captions like 'Indian Burnt In Australia' that Australia is a racist country, and that Melbourne is the most racist city of all. An Indian newspaper cartoon even portrayed the Australian police as the Ku Klux Klan. Some say the concentration of Indian students in poorer suburbs of Sydney and Melbourne is a key factor in the attacks. These are areas where there are already social tensions, where there is competition for jobs and low-cost housing, and which get a high incidence of petty crime, says a sociologist in Melbourne.

Gautam Gupta, an FISA spokesman, believes that while its not a uniquely Indian problem, Indians are the newest minority in Australia, so they are on the receiving end of racism. If Australians believe that sections of the Indian media are hyperventilating over the attacks and behaving irresponsibly, Indians believe that there is not enough information coming out from the Australian authorities over the attacks. They and Indian student groups in Australia feel the Australian media isn't doing enough to highlight the issue. Australia has reason to worry about the attacks too. Education is the country's biggest export after coal and iron ore and international students contribute $13bn to the Australian economy every year. Australia, by one estimate, could easily lose $70m because of the attacks.

STATE RESPONSIBITY AND RACISM: WHAT ARE THE RESPONSIBITIES OF STATE UNDER INTERNATIONAL LAW??? By looking at the world today, it becomes clear that a large number of states are repeatedly violating their international obligations. States at times act as if they are above the law. The basic principle of state responsibility in international law provides that any state which violates its international obligations must be held accountable for its acts. In simple words, the states which do not respect their international duties are responsible to immediately stop their illegal actions and make reparations to the injured. As per Article 1 of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts 2001, Every internationally wrongful act of a state entails the international responsibility of that state. Articles 4 to11 of the Draft Articles deal with the organs and instrumentalities of a state whose acts may give rise to the acts of a state for international responsibility. These include the executive, legislative and judicial organs, a person or entity authorised to exercise governmental authority, conduct of person or group of persons acting under the direction or control of a state. The state will be internationally responsible for the acts which the organ of the state takes in excess of the given authority. If a state violates international law it is responsible to immediately cease the unlawful conduct, and offer appropriate guarantees that it will not repeat the illegal actions in the future. The state also has a responsibility to make full reparations for the injury caused, which include both material and moral damage. The right to reparations is part of the right of victims to remedy for violations of their rights.

The above are fundamental principles of international customary law. Reparations can take the form of restitution, compensation, rehabilitation or satisfaction. From the above, it is clear that Australia is responsible for the wrongful act namely racism towards Indians. AUSTRALIAN LEGISLATION AND INTERNATIONAL LAW: All Australian laws (Commonwealth and State) impose some responsibility on schools and individuals, be they teachers or students, to take steps to prevent and combat racism. The Australian laws are aimed at protecting individuals from racism at school and also to protect those individuals who make complaints about racism. Commonwealth and State laws make it unlawful for a person to racially discriminate against another person at school and also make it unlawful to encourage, incite, permit or allow racist acts to occur. For this reason, the Australian laws do impose an obligation on everyone to be vigilant about racism and to take action when incidents of racism occur, particularly where those incidents might be unlawful. Australia is also a party to a number of international conventions and declarations which impose obligations to eliminate racism and racial discrimination. Article 1 of the International Convention on Elimination of All forms of Racial Discrimination to which Australia is also a party has made clear that everyone is entitled to all rights and freedom without any distinction such as race, colour, sex, language, religion etc. Discrimination is against the dignity of human beings. For implementing the provisions of the convention, a Committee on Elimination of Racial Discrimination (CERD) consisting of 18 experts of high moral character has been established. A state party to the convention may bring to the notice of the CERD if another state party to the convention is not implementing the provisions of the convention. Countering racism and eliminating racial discrimination continue to be at the forefront of the work of the United Nations. Through the work of the United Nations, international laws have been developed which require countries to work towards the elimination of all forms of racial discrimination. These international laws, called treaties or conventions, apply throughout the world. A treaty or convention operates like a contract. When a country, such as Australia, becomes a party to a convention, it is bound to act in accordance with the rules contained in that convention. Australia is a party to a number of anti-racism conventions, which impose obligations on Australia in regard to racism and racial discrimination in schools and other contexts. In addition to international treaties and conventions, there are several international declarations, which express the international community's aspirations to eliminate racial discrimination. The declarations are statements of principles, which are developed through the United Nations or other international bodies such as the United Nations Education, Social and Cultural Organisation

(UNESCO). These international declarations differ from treaties because they do not always impose binding international legal obligations. However, these declarations are morally binding and have much influence over countries in setting acceptable standards of human rights protections. COMMON WEALTH RACIAL DISCRIMINATION ACT (1975): The Racial Discrimination Act (RDA) gives effect to Australia's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. The RDA aims to ensure that all Australians can enjoy their human rights and freedoms in full equality regardless of their race, colour, descent, or national or ethnic origin, being an immigrant (in some circumstances) or being a relative or associate of someone of a particular ethnicity or other status. The RDA applies to everyone in Australia including businesses, schools, local governments, State and Territory government agencies and departments and Commonwealth government agencies and departments. It overrides racially discriminatory State or Territory legislation, making it ineffective. Under the RDA, racial discrimination is unlawful whenever it impairs a person's equal enjoyment of his or her human rights and fundamental freedoms as set out in Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination. In addition, the RDA has specific provisions making it unlawful to discriminate in areas such as employment; land; housing and accommodation; provision of goods and services; access to places and facilities for use by the public; advertising and joining a trade union. The RDA also makes indirect racial discrimination unlawful. The RDA is administered by the Human Rights and Equal Opportunity Commission (HREOC). HREOC has the responsibility for investigating complaints. The HREOC President endeavours to resolve complaints by conciliation, i.e. getting the relevant people together to talk through the complaint. If the complaint cannot be resolved by conciliation, a complainant can decide whether to take their complaint to the Federal Court or the Federal Magistrate's Service. COMMON WEALTH RACIAL HATRED ACT (1995): The Racial Hatred Act extends the coverage of the Racial Discrimination Act (RDA) to allow people to complain about racially offensive or abusive behaviour. The Racial Hatred Act gives effect to some of Australia's obligations under the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. Australia is also a party to the following conventions. I. International Labour Organisation Discrimination (Employment and Occupation) Convention obliges Australia to ensure that workers are not discriminated against in employment.

II.

UNESCO Convention against Discrimination in Education (1960) prohibits discrimination in education on the basis of race and other factors, and obliges Australia to apply policies which promote equality of opportunity and treatment.

III.

Convention on the Rights of the Child (1989) obliges Australia to ensure a child's right to education irrespective of race.

IV.

International Covenant on Civil and Political Rights (1966) obliges Australia to respect a range of rights dealing with government and civic life such as the right to life, the right to vote and the right to equality before the law. These standards inform the rights component of civics education. Importantly, Article 26 states that persons are equal before the law. Further, that the law should prohibit discrimination and guarantee to all persons equal and effective protection against discrimination on the ground of race.

When a State, such as Australia, ratifies the Convention, it undertakes: -not to engage in any act or practice of racial discrimination against individuals, groups of persons or institutions, and to ensure that public authorities and institutions do likewise -not to sponsor, defend or support racial discrimination by any persons or organisations -to review government, national and local policies, and amend or repeal laws and regulation which create or perpetuate racial discrimination -to prohibit and put a stop to racial discrimination by persons, groups and organisations -to prohibit organisations and propaganda that promote racial superiority, racial hatred, racial violence or racial discrimination -to ensure effective protection and remedies for victims of racial discrimination -to take special measures, as necessary, to ensure that disadvantaged racial groups have full and equal access to human rights and fundamental freedoms and -to combat prejudices that lead to racial discrimination, and eliminate the barriers between races, through the use of education and information, and by encouraging integrationist or multiracial organisations and movements. Australia must build a community in which all are entitled to freedom of religion and belief and freedom from fear and want. The fight against intolerance must be one that tackles the attitudes and principles in which it is grounded. It must promote a society that respects the inherent dignity and the equal and inalienable rights of all members of the human family. One of the root causes of racism is

stereotyping based on misinformation and fear of difference. This places a particular responsibility on the Australian media.

HUMAN RIGHTS AND RACISM: Human rights and fundamental freedoms are the birth right of all human beings. -Vienna Declaration, Second World Conference on Human Rights, 1993 Human rights may be regarded as those fundamental and inalienable rights which are essential for life as human being. Human rights are the rights which are possessed by every human being irrespective of his or her nationality, race, religion, sex etc., simply because he or she is a human being. Since human rights are not created by any legislation, they resemble very much the natural rights. Any civilized country or body like the United Nations must recognise them. Members of the UN have committed themselves to promote respect for and observance of human rights and fundamental freedoms. USING INTERNATIONAL HUMAN RIGHTS TO FIGHT RACISM: Human rights are everyones birth right, regardless of race or any other distinction. Racism which limits peoples access to rights based on their identity is an attack on the very concept of human rights. The human right to freedom from discrimination is fundamental to each persons ability to live in dignity and to each persons ability to live in dignity and to enjoy all their other human rights. The human rights are explicitly set out in the Universal Declaration of Human Rights, the International Covenants, the Convention on the Rights of the Child and other widely adhered to international human rights treaties and Declarations. These are the powerful tools that must be put to use in efforts to eliminate all forms of racial discrimination. Article 1 of the UN Charter provides that it is one of the purposes of the UN to achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion. Thus Article 1 puts the promotion of respect for human rights on the same level as the maintenance of international peace and security as the purpose of the UN. And also Article 2 of Universal Declaration of Human Rights and Fundamental Freedoms (UDHR) says that everyone is entitled to all rights and freedoms set forth in this declaration without distinction of any kind, such as race, sex, colour, language, religion, political or other opinion, national or social origin, property, birth or other status. A remarkable thing about UDHR is that it is neither addressed to nations nor member states of the U.N but to every individual.

The Convention to Eliminate All Forms of Racial Discrimination is the only human rights treaty that comprehensively addresses the elimination of all forms of racial discrimination and supports positive actions to promote racial justice and equality. Article Two requires governments to use all appropriate means to prohibit and stop racial discrimination by individuals, groups and organizations. Article Four requires governments to condemn propaganda and organizations that are founded on theories of the superiority of one race and which justify or promote racial hatred. CER D also requires that governments take positive steps to promote racial justice and equality COMBATTING RACISM: Racism is one of the greatest obstacles to true justice in todays global society and will take a large and well-coordinated effort to completely wipe out. The U.N. World Conference against Racism, Xenophobia and Related Intolerance (WCAR) was held in Durban, South Africa in late August 2001. This international conference, attended by over 15,000 people, was an important milestone in the global struggle against racism and related discrimination. WCAR helped focus the attention on and enabled the promotion of issues like refugees, health, the unique ways racism and sexism interact to deny women their human rights, repairing the legacy of slavery and colonialism, and the rights of indigenous peoples.32 It also served as an international forum for community leaders and activists to bring attention to the many diverse challenges they face. WCAR opened a critical forum for global discussion and action by governments, activists and community leaders. It proposed a shared global agenda to halt multiple forms of contemporary racism and discrimination. INTERNATIONAL DAY FOR THE ELIMINATION OF RACIAL DISCRIMINATION: The International Day for the Elimination of Racial Discrimination is observed annually on 21 March. On that day, in 1960, police opened fire and killed 69 people at a peaceful demonstration in Sharpeville, South Africa, against the apartheid "pass laws". Proclaiming the Day in 1966, the General Assembly called on the international community to redouble its efforts to eliminate all forms of racial discrimination. Since then, the apartheid system in South Africa has been dismantled. Racist laws and practices have been abolished in many countries, and we have built an international framework for fighting racism, guided by the International Convention on the Elimination of Racial Discrimination. The Convention is now nearing universal ratification, yet still, in all regions, too many individuals, communities and societies suffer from the injustice and stigma that racism brings.

The first article of the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights. The International Day for the Elimination of Racial Discrimination reminds us of our collective responsibility for promoting and protecting this ideal. ROOTS OF THIS CLASH: Indian students are being whipped, and ruthlessly killed in Australia disregarding the law and order. Why only Indian students being pointed out and only India is being insulted? Roots of this clash is Indian students are hardworking while Australian students are lazy. Now they do part time work and the business men prefer person who are serious in their jobs. So, they are in fact getting more jobs leaving the Australian with scarcity of jobs. This leads to develop grudge against Indian community. They actually want the Indian should leave their country and they get jobs lavishly which is not possible no more this leads to collision and death of Indian students in Australia. A different view in this issue is our students have gone to a different Country on their own. Whenever you go to another Country you are considered as second class or third class citizen of that Country. One cannot expect a treatment on par with the citizens of that Country. The government should take an action against this.

CONCLUSION: Racism is one of the worlds major issues today. Many people are not aware of how much racism still exists in our schools workforces, and anywhere else where social lives are occurring. It is obvious that racism is bad as it was many decades ago but it sure has not gone away. Racism very much exists and it is about time that people need to start thinking about the instigations and solutions to this matter. Many people believe that it depends on if a person was brought into the world as a racist or not but that is not the case at all. In fact, an individual cannot be born a racist but only learn to become one as they grow from child to adulthood. Basic causes, mainstream, institutions, government, anti-racism groups, and even some hidden events in Canadas past are a few of the possible instigations and solutions to racism.

BIBILIOGRAPHY: www.google.com www.wikipedia.com www.scribd.com INTERNATIONAL LAW AND HUMAN RIGHTS- DR.S.K.KAPOOR INTERNATIONAL LAW AND HUMAN RIGHTS- K.C.JOSHI RESEARCHING RACE AND RACISM- MARTIN BULMAR COMBATTING RACISM TOGETHER- HUMAN RIGHTS EDUCATION RESOURSE HUMAN RIGHTS AND INTERNATIONAL LAW PRACTISES