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Mass Sikh Lobby of the UK Parliament – Thursday 19 November 2009 from 1.30-6.00pm

TIME TO BE COUNTED . . .

For the last 4 weeks the Qaum Di Gal programme on the Sikh Channel (Monday 7.30-8.15pm, repeated Sunday 1.30-2.15pm) has highlighted the mass Sikh Lobby taking place on Thursday 19 November between 1.30-6.00pm

The key issue that has been pushed is the need to secure separate Sikh monitoring for the Census 2011. To this end a standard letter was prepared and widely circulated for individual Sikhs throughout the UK to send to their MPs. Obtain the letter by emailing info@sikhfederation.com

The UK, EU and World Sikh Lobby Network on Facebook established some 3 months ago and which now nearly has 1,000 members (approximately 60% from the UK) has been one method to lobby MPs and encourage Sikhs to take part in the mass Sikh Lobby.

In addition, around 25 co-ordinators have been targeting MPs in specific regions and gathering more information on those that wish to participate in the lobbying network to expand coverage of MPs. This is a long term initiative that will be of enormous value to the Sikh community.

As the lobby needs to be a joint effort the standard letter for individual Sikhs was also circulated around 20 days ago to a number of Sikh organisations to send to their members and contacts. These organisations included (in alphabetical order) the British Organisation of Sikh Students (BOSS), British Sikh Consultative Forum (BSCF), British Sikh Federation (BSF), British Sikh Student Federation (BSSF), Federation of Sikh Organisations (FSO), Gurdwaras (those on email), Guru Nanak Nishkam Sewak Jatha, Sikh Community Youth Service (SCYS), Sikh Nari Munch, Sikh Womens Alliance, Sikhs in England (SIE), United Sikhs and Young Sikhs (UK).

In addition, Sikh activists belonging to other Sikh organisations and on Management Committees of various Gurdwaras have also been emailed. Some have provided feedback on MPs contacted and participation in the mass Sikh Lobby in London on 19 November. The hope is others have also been in contact with members and contacts realising the wider significance of the issues to the Sikh community.

Over the last 4 weeks we have also seen the Sikh Lobby Network take direct action. When it was learnt Jagdish Tytler might be visiting the UK over 100 MPs were contacted overnight and urged to exert pressure on the Foreign Secretary and the Border Immigration Agency. Jagdish Tytler was dropped from the delegation to visit the UK and from media reports in India it appears the pressure by politicians in the UK had a major effect.

There will be four specific issues raised:

i) the campaign for separate Sikh monitoring for the Census 2011 where the Office for National Statistics (ONS) is ignoring the needs of the Sikh community

ii) the need for a Code of Practice on Sikh articles of faith where the UK Government has been dragging its heels for over 5 and a half years and Sikhs are experiencing more and more difficulties each day, especially since 9/11

iii) how we can exert pressure on the UK Government to take action against those involved in the Genocide of Sikhs in November 1984 – a specific dossier is being produced targeting a number of leading Indian politicians and police officers implicated where we will be requesting UK MPs, the UK government and the EU to exclude entry to these individuals.

iv) the death penalty case of Professor Davinderpal Singh Bullar where we will push for the immediate withdrawal of the death sentence imposed and demand a full review of the Professor's case in accordance with international law, under monitoring by UN observers that could result in his release given he has already spent almost 15 years locked away (more on an Urgent Action Appeal for the Professor will follow)

NOW IS THE TIME TO BE COUNTED . . .

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STANDARD LETTER TO SEND TO YOUR MP ABOUT THE MASS SIKH LOBBY ON THURSDAY 19 NOVEMBER 2009

[Date]

Dear [MPs Name]

Separate ethnic monitoring of Sikhs in the Census 2011 & Sikh Lobby in Westminster on Thursday 19 November 2009 from 1:30-6:00pm

I am writing to you to request you write to Jil Matheson the new head of the Office for National Statistics (ONS) who took up her new post on 1 September 2009. Sikhs have been campaigning for almost a decade to secure this change to the ethnic question for the Census 2011.

More than 25 years ago following the historic Mandla v Lee decision in the House of Lords Sikhs became legally recognised as an ethnic group. However, our experience over many years is that to ensure the Sikh community stands any chance in practice to be treated equally (in employment, government funding etc.) and receive a fair share of public services – in education, health etc. it would be beneficial for there to be a separate tick box for Sikhs to the ethnic question in the Census 2011.

Sikhs are one of the most visible ethnic minorities and have suffered disproportionately since 9/11. If we fail to secure separate ethnic monitoring we think it will mean our children and grandchildren will miss many opportunities for fair treatment for at least the next 15-20 years.

We have heard all the counter arguments by ONS to deny Sikhs this right and it appears all requests by the Sikh community and our elected representatives (from across the political spectrum) to previous heads at the ONS have fallen on deaf ears. On 11 December 2008 the government on the advice of the ONS published the White Paper on the Census 2011. To our dismay the draft questionnaire set out in the White Paper included two new ethnic groups – Gypsies/Irish Travellers and Arab, but there was no separate tick box for Sikhs despite a huge demand from the community.

The previous head of the ONS wrote in July 2009 to Rob Marris MP, the Chair of the All Party Parliamentarian Group for UK Sikhs, to in effect indicate Parliamentarians would find it difficult to change the draft questionnaire in the White Paper because of the process in Parliament before the final questionnaire is presented along with the Regulation that needs the approval of Parliament in mid-February 2010.

In reality we have from now until Christmas to get our elected representatives mobilised to get the ONS to change the draft questionnaire. ONS has to date ignored the Sikh community (petition of over 180 Sikh Gurdwaras and organisations submitted to 10 Downing Street in July 2002) wishes of many Parliamentarians (EDMs relating to the issue in 2002 received the support of almost 190 different MPs) and its own consultation process (where there was a 100% demand from the Sikh community for a separate tick box). When you approach the ONS they may present three arguments that are all floored

i) It is not now possible to change the draft questionnaire

The response to this is the finalised questions will be presented in a Regulation to Parliament in mid-February 2010 for approval. ONS is accountable to and not above Parliament and if there is sufficient pressure from Parliamentarians on behalf of the Sikh community ONS will have to listen to elected representatives. Our simple logic is there is no rationale for a new tick box for ‘Arabs’. There is no demand from the Arab community so this tick box could be replaced with a Sikh tick box where there is considerable demand creating no additional work.

ii) Sikhs do not need a separate tick box to the ethnic origin question

Often Sikhs have been told they have a separate tick box for the optional religious question - therefore a separate tick box to the ethnic origin question is not necessary.

The response to this is with existing laws and practices only those classified as separate ethnic groups (and not religious groups) as defined by the Census have the opportunity to receive equal treatment (in employment, government funding etc.) and receive a fair share of public services – in education, health etc.

iii) Not all Sikhs support a separate tick box to the ethnic origin question

The response to this is a Parliamentary Question answered on 24 November 2008 that showed that when the ONS specifically consulted on the ethnic origin question there were 154 responses from 'Sikh' organisations to the official 17-page consultation, which included responses from Gurdwaras and other Sikh organisations. All supported the inclusion of a specific 'Sikh' response category in the ethnic origin question.

It is now on record in Parliament that no Sikh organisation responding to the ONS consultation opposed the inclusion of a Sikh tick box in the ethnic origin question. This directly contradicts any argument that Sikhs are divided on the separate tick box.

In 2002 one of the biggest ever Sikh lobbies seen in the UK Parliament was organised. An all party delegation of MPs and Sikhs went to 10 Downing Street and handed in a petition signed by over 180 Gurdwaras and Sikh organisations. As mentioned earlier nearly 190 different MPs also signed relevant EDMs.

A new Early Day Motion (EDM) is to be tabled after the State Opening of Parliament on 18 November. It is hoped you will be able to sign the EDM if Parliamentary protocol makes this possible. If you are unable to sign the EDM a letter of support to ONS and copied to us would be most helpful in making the case.

A mass lobby of the UK Parliament involving hundreds of Sikhs from across the UK and targeting in excess of 200 MPs will take place on Thursday 19 November from 1.30-6.00pm. A delegation from your constituency hopes to meet with you for 15-20 minutes on this day. We would be grateful if you could confirm the time you will be available to meet with us.

Yours faithfully

[Your Name]

[Your full postal address]

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SIKH LOBBY NETWORK - ASSISTING IN PROFESSOR DAVINDERPAL SINGH BHULLAR'S CASE

As you may have heard this evening (Monday 9 November on Qaum Di Gal on the Sikh Channel) prior to the mass Sikh Lobby the UK, EU and World Sikh Lobby Network is once again to be put into effect to see what impact it can have in another emotive issue – the death penalty case of Professor Davinderpal Singh Bhullar.

We have decided to use the Network in the UK to try and get 150-200 MPs to write to the German Embassy in the UK, the Foreign Office, the European Parliament President and the EC Commissioner for External Relations.

Given it will be almost 15 years ago since Professor Davinderpal Bhullar arrived in Germany and then returned to India we have produced a standard letter for you to send to your MP that you can obtain by emailing info@sikhfederation.com

In the letter you will be asking your MP to appeal to the German government, our Foreign Office, the European Parliament and the European Commission to firstly press the Indian President to immediately withdraw the death sentence imposed against Professor Davinderpal Singh and secondly demand a full review of the Professor's case in accordance with international law, under monitoring by UN observers. Our view is this could result in his release given he has already spent almost 15 years locked away.

The lobby network we have set up also extends across Europe. Therefore, we have prepared a second letter for those in the UK to send to their MEPs elected in June this year. Each person can legitimately write to all MEPs in his/her region. There are 12 regions in the UK and we expect 50-100 letters in regions such as London, South East, West Midlands, East Midlands and Yorkshire and Humberside; 30-40 letters in other regions, such as, the South West and Eastern; and 15-20 letters in the North West, North East, Scotland, Wales and Northern Ireland.

We also have contacts in 22 of the 26 other EU countries so there are two other letters for Sikhs in mainland Europe to put pressure on their MEPs and their own governments so we have the support of as many EU member states as is possible to exert pressure on India.

The EU is India's largest trading partner with about 25 percent of Indian exports coming to EU countries. The EU also provides the most foreign investment to India. Last year two-way trade between India and the EU totalled about euro38 billion. If we exert enough pressure across Europe we could make the EU link trade with India to an end to the death penalty.

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Some are reporting that they are being blocked when contacting their MPs using http://www.writetothem.com/

This is a good sign as it suggests many Sikhs are trying to email their MPs.

An alternative is to email direct. The following link will help http://www.parliament.uk/mpslordsandoffices/mps_and_lords/alms.cfm

You will however need to know who your MP is. This can be established by using the first link and typing your postcode.

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sorry for being a pain... the email thing was mention at the gurdwara i go to at bristol! i emailed the person who forwarded the draft email to me, saying this and he has not replied: could you clarify?

Waheguru Ji Ka Khalsa Waheguru Ji Ki Fateh

I was present at Siri Guru Singh Sabha Gurdwara, Church road when an announcement was made by the secretary as an appeal for people with email addresses's to email this to either mp. However even though I am prepared to give my full, undivided support for any genuine panthic task, I would like you to clarify a simple counter-argument to the issue you have raised. It makes sense that when asked about religion there should be a seperate tick box for Sikhs, but ethnicity is far different from religion. Sikhism, Hinduism, Islam, Buddhism, Janism and Atheism would all be appropriate optios for a question relating to religion however ethicity is a different matter compeltely. I can be a Britsh Indian and a Christian or I could be a British Indian and a Sikh, what is the issue in ticking the British Indian box? I may be ignorant to some aspects which you are aware of, so I would answer ask you to answer this question before pursuing the lobby in Westminister. The important factor that I think is being missed is that Ethnicity and religion are completely different, I would hate for Sikh representatives to go to Westminister and be labeled as hyper sensitive, unneccesarily argumentative and unreasonable.

Thanks,

Sukhjeevan Singh Kandola

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sorry for being a pain... the email thing was mention at the gurdwara i go to at bristol! i emailed the person who forwarded the draft email to me, saying this and he has not replied: could you clarify?

Waheguru Ji Ka Khalsa Waheguru Ji Ki Fateh

I was present at Siri Guru Singh Sabha Gurdwara, Church road when an announcement was made by the secretary as an appeal for people with email addresses's to email this to either mp. However even though I am prepared to give my full, undivided support for any genuine panthic task, I would like you to clarify a simple counter-argument to the issue you have raised. It makes sense that when asked about religion there should be a seperate tick box for Sikhs, but ethnicity is far different from religion. Sikhism, Hinduism, Islam, Buddhism, Janism and Atheism would all be appropriate optios for a question relating to religion however ethicity is a different matter compeltely. I can be a Britsh Indian and a Christian or I could be a British Indian and a Sikh, what is the issue in ticking the British Indian box? I may be ignorant to some aspects which you are aware of, so I would answer ask you to answer this question before pursuing the lobby in Westminister. The important factor that I think is being missed is that Ethnicity and religion are completely different, I would hate for Sikh representatives to go to Westminister and be labeled as hyper sensitive, unneccesarily argumentative and unreasonable.

Thanks,

Sukhjeevan Singh Kandola

Please email info@sikhfederation.com to receive any standard letters.

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1) Letter to MPs regarding Professor Davinderpal Singh Bhullar

[Date]

Dear [MPs Name]

Death Penalty hanging over Professor Davinderpal Singh Bhullar

You may recall the case of Professor Davinderpal Singh Bhullar, a Sikh political activist, who went to Germany almost 15 years ago in December 1994 to seek political asylum after his father was disappeared by the Punjab police in 1991 and his family was repeatedly harassed and tortured.

Bhullar was a known political dissident and had claimed that his life was at risk in India because of his political activism. His family was persecuted as evidenced by the ‘disappearance’ of his father, uncle and best friend. Following an unsuccessful asylum application in Germany in January 1995, he was deported back to India on the basis of he had nothing to fear. Professor Bhullar was handed over to Indian police officials on German soil even before deportation. He was arrested upon arrival and he has now been in prison for almost 15 years.

The German immigration authorities returned him to India but in his absence a Higher German court (Verwaltungsgericht Frankfurt, Case 8E50399\94.A(1)) ruled that he should not have been sent back because his life would be in danger in India, effectively overruling the prior decision. Germany by deporting someone to a death-penalty prone country violated the European Convention on Human Rights and is morally obliged to do all it can to seek Professor Bhullar’s release because weaknesses in the German asylum system have led to him facing the death penalty.

While in India Professor Bhullar was put on trial in a conspiracy case and on 17 December 2002 his sentence to death was confirmed by the Supreme Court although based on erroneous facts. Professor Davinderpal Singh Bhullar's case is one of the most controversial and highest profile death penalty cases in recent Indian history. For the first time in India’s Supreme Court’s history, someone was sentenced to death on the basis of a split judgment. The presiding judge, Justice Shah totally acquitted the accused whereas the other two judges, Justice Aggarwal and Justice Passayat upheld the death sentence.

Two of the three-judge panel in the Indian Supreme Court upheld the death sentence arguing that proof “beyond reasonable doubt” should be a “guideline, not a fetish,” and that procedure is only “a handmaiden and not the mistress of law.” The presiding Judge, Justice Shah acquitted Professor Bhullar and substantiated his decision by stating that the conspiracy theory falls flat as the “rest of the accused who are named in the confessional statement are not convicted or tried.” A plot or conspiracy by definition involves two or more persons and “it is trite to say that one person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself,” he said.

The confession statement, allegedly extracted under torture, was signed by a thumbprint. For a man who is highly educated, the sign of a thumbprint implies duress. A confession made before a police officer under normal criminal law is not admissible as evidence. Furthermore, none of the 133 witnesses produced by the prosecution, while the case was in lower court, identified Professor Bhullar.

While Justice Shah concentrated on the facts of the case, Justice Pasayat chose to decide the case with political rhetoric and find Professor Bhullar guilty based on contradicting arguments and judgments. The police, in contravention of the law, failed to send the confessional statement at the earliest opportunity to the magistrate concerned. The other two judges upheld the confession admissible saying that neither proof beyond reasonable doubt nor procedure was important.

The presiding judge in the Supreme Court of India, Justice Shah, who found Bhullar not guilty, asked in December 2002, that the death sentence be commuted “…considering the majority view also, in my opinion, if death sentence is altered to imprisonment for life, it would be sufficient to meet the ends of justice…”

Professor Bhullar has now been on death row in Tihar Central Prison, New Delhi for almost 7 years. During this period he has lived knowing that he can be taken any day to the gallows. In 2002 and 2003 considerable international pressure was applied by MPs from the UK, Canada and elsewhere on the German and Indian authorities to prevent his execution. Assurances were given by leading Indian politicians that the death sentence would not be carried out. However, each day for the last 7 years the Professor has been held in solitary confinement and waking up thinking this will be his last day. In many cases this is a torture worse than death. At times when in suits politicians it has also been suggested he may be released having been in prison for almost 15 years in a controversial conspiracy case.

As we approach the 15th anniversary of Professor Bhullar’s incarceration I am writing to request you write to: i) the German Embassy in the UK; ii) the Foreign and Commonwealth Office; iii) the European Parliament President; and iv) the EC Commissioner for External Relations.

In the letters it would be helpful if you could urge those concerned across Europe to press the Indian President to immediately withdraw the death sentence imposed against Professor Davinderpal Singh and secondly demand a full review of the Professor's case in accordance with international law, under monitoring by UN observers. Our view is this could result in his release given he has already spent almost 15 years locked away. As India prepares to host the next Commonwealth Games the UK has a unique opportunity to push the Indian authorities to signal an end to the death penalty and the release of political prisoners, such as Professor Bhullar.

A mass Sikh lobby of the UK Parliament involving hundreds of Sikhs from across the UK and targeting in excess of 200 MPs will take place on Thursday 19 November from 1.30-6.00pm. A delegation from your constituency hopes to meet with you for 15-20 minutes on this day. We would be grateful if you could confirm the time you will be available to meet with us to discuss actions you have taken in this case.

Yours faithfully

[Your Name]

[Your full postal address]

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2) Letter to UK MEPs regarding Professor Davinderpal Singh Bhullar

[Date]

Dear [uK MEPs Name]

Death Penalty hanging over Professor Davinderpal Singh Bhullar

You may recall the case of Professor Davinderpal Singh Bhullar, a Sikh political activist, who went to Germany almost 15 years ago in December 1994 to seek political asylum after his father was disappeared by the Punjab police in 1991 and his family was repeatedly harassed and tortured.

Bhullar was a known political dissident and had claimed that his life was at risk in India because of his political activism. His family was persecuted as evidenced by the ‘disappearance’ of his father, uncle and best friend. Following an unsuccessful asylum application in Germany in January 1995, he was deported back to India on the basis of he had nothing to fear. Professor Bhullar was handed over to Indian police officials on German soil even before deportation. He was arrested upon arrival and he has now been in prison for almost 15 years.

The German immigration authorities returned him to India but in his absence a Higher German court (Verwaltungsgericht Frankfurt, Case 8E50399\94.A(1)) ruled that he should not have been sent back because his life would be in danger in India, effectively overruling the prior decision. Germany by deporting someone to a death-penalty prone country violated the European Convention on Human Rights and is morally obliged to do all it can to seek Professor Bhullar’s release because weaknesses in the German asylum system have led to him facing the death penalty.

While in India Professor Bhullar was put on trial in a conspiracy case and on 17 December 2002 his sentence to death was confirmed by the Supreme Court although based on erroneous facts. Professor Davinderpal Singh Bhullar's case is one of the most controversial and highest profile death penalty cases in recent Indian history. For the first time in India’s Supreme Court’s history, someone was sentenced to death on the basis of a split judgment. The presiding judge, Justice Shah totally acquitted the accused whereas the other two judges, Justice Aggarwal and Justice Passayat upheld the death sentence.

Two of the three-judge panel in the Indian Supreme Court upheld the death sentence arguing that proof “beyond reasonable doubt” should be a “guideline, not a fetish,” and that procedure is only “a handmaiden and not the mistress of law.” The presiding Judge, Justice Shah acquitted Professor Bhullar and substantiated his decision by stating that the conspiracy theory falls flat as the “rest of the accused who are named in the confessional statement are not convicted or tried.” A plot or conspiracy by definition involves two or more persons and “it is trite to say that one person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself,” he said.

The confession statement, allegedly extracted under torture, was signed by a thumbprint. For a man who is highly educated, the sign of a thumbprint implies duress. A confession made before a police officer under normal criminal law is not admissible as evidence. Furthermore, none of the 133 witnesses produced by the prosecution, while the case was in lower court, identified Professor Bhullar.

While Justice Shah concentrated on the facts of the case, Justice Pasayat chose to decide the case with political rhetoric and find Professor Bhullar guilty based on contradicting arguments and judgments. The police, in contravention of the law, failed to send the confessional statement at the earliest opportunity to the magistrate concerned. The other two judges upheld the confession admissible saying that neither proof beyond reasonable doubt nor procedure was important.

The presiding judge in the Supreme Court of India, Justice Shah, who found Bhullar not guilty, asked in December 2002, that the death sentence be commuted “…considering the majority view also, in my opinion, if death sentence is altered to imprisonment for life, it would be sufficient to meet the ends of justice…”

Professor Bhullar has now been on death row in Tihar Central Prison, New Delhi for almost 7 years. During this period he has lived knowing that he can be taken any day to the gallows. In 2002 and 2003 considerable international pressure was applied by MPs and MEPs from the UK, politicians in Canada and elsewhere on the German and Indian authorities to prevent his execution. Assurances were given by leading Indian politicians that the death sentence would not be carried out. However, each day for the last 7 years the Professor has been held in solitary confinement and waking up thinking this will be his last day. In many cases this is a torture worse than death. At times when in suits politicians it has also been suggested he may be released having been in prison for almost 15 years in a controversial conspiracy case.

As we approach the 15th anniversary of Professor Bhullar’s incarceration I am writing to request you write to: i) the German Government; ii) the European Parliament President; iii) the EC Commissioner for External Relations; and iv) the Indian Government.

In the letters it would be helpful if you could urge those concerned across Europe to press the Indian President to immediately withdraw the death sentence imposed against Professor Davinderpal Singh and secondly demand a full review of the Professor's case in accordance with international law, under monitoring by UN observers. Our view is this could result in his release given he has already spent almost 15 years locked away. As India prepares to host the next Commonwealth Games UK politicians have a unique opportunity to push the Indian authorities to signal an end to the death penalty and the release of political prisoners, such as Professor Bhullar.

We also now have Sikhs contacts in 22 of the 26 other EU countries therefore we are encouraging Sikhs in mainland Europe to put pressure on their MEPs and their own governments so we have the support of as many EU member states as is possible to exert pressure on India on the death penalty. As the EU is India's largest trading partner with about 25 percent of Indian exports coming to EU countries. The EU also provides the most foreign investment to India. Last year two-way trade between India and the EU totalled about euro38 billion. If the EU is serious about bringing an end to the death penalty is should link this directly to trade with India.

In March 2010 Sikhs across Europe wish to arrange a Sikh lobby of the European Parliament, but need confirmation that practicing Sikhs will be allowed to enter the main Parliament building without compromising their articles of faith to meet with their elected representatives. This has not been possible for the last three years and it is unacceptable that Sikhs are prevented from meeting their MEPs in Parliament. We would welcome confirmation of what you are doing working with other MEPs to resolve this difficulty and preventing such discrimination.

Yours faithfully

[Your Name]

[Your full postal address]

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