Caste-based Discrimination and Analogous Forms of Inherited Social Exclusion

22 March 2004

Joint statement by Anti-Slavery International, the Lutheran World Federation, the International Movement Against All Forms of Discrimination and Racism (IMADR), Minority Rights Group International (MRG), Asian Forum for Human Rights and Development (Forum Asia) and Pax Romana.

Speaker: Mr Joseph Rajkumar

I speak on behalf of Pax Romana, Lutheran World Federation, the International Movement Against All Forms of Discrimination and Racism (IMADR), Anti-Slavery International, Minority Rights Group International and Asian Forum for Human Rights and Development.

Mr Chairperson,

Our organizations continue to be deeply concerned by the persistent problem of caste-based discrimination and similar forms of inherited social exclusion which, despite the efforts of some governments to address it, continues to affect the daily lives of an estimated 250 million people in this 21st century. People and communities suffering this form of discrimination continue to be regarded as 'polluting', to live segregated from others, to be required to perform society's most menial and hazardous tasks, and to be subjected to the most egregious forms of exclusion and exploitation.

After a long and inexplicable silence on the part of the UN human rights system, we are much encouraged by the increasing attention that the Committee on the Elimination of Racial Discrimination and the Sub-Commission on the Promotion and Protection of Human Rights have recently been giving to this matter.

The Sub-Commission's ongoing (though still preliminary) examination of this question has done much to illustrate the truly global nature of caste-based and analogous forms of discrimination. Its current effort to sketch out draft principles and guidelines on 'discrimination based on work and descent' promises to be of considerable assistance of governments and to the international human rights community in addressing this challenge to the most fundamental principles of human rights.

CERD has developed, in its General Recommendation XXIX on 'descent-based discrimination', a valuable instrument for the guidance of States Parties and to enhance its examination of relevant country reports. This instrument, for example, helped to focus CERD's recent consideration of the latest periodic reports from Nepal. The result is a set of Concluding Observations that address the issue of caste-based discrimination in unprecedented detail, and in a positive and cooperative fashion.

In his reports to this session of the Commission on Human Rights, Mr Doudou Diene, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance has now sought to call the attention of the Commission to this persistent and global problem.

In his report on 'political platform which promote or incite racial discrimination (paragraph 37) contained in document (E/CN.4/2004/61), the Special Rapporteur has stated the following.

"Racism subsumed in the caste system still plays a role in violence and social displacement in India. The 3,000-year-old caste system of social hierarchy still excludes millions of Dalits ("untouchables"). Even though the nation's 1950 Constitution outlawed discrimination and introduced quotas for government jobs, thereby promoting millions of former untouchables and members of indigenous tribes, the system still leaves much to be desired. Even the real gains registered by affirmative action programmes are eroded by politicians' campaigns of expediency."

Furthermore, "In Japan.," the Special Rapporteur expressed, "the issues of racism, discrimination and xenophobia are closely related to two key factors: the internal social structure and the history of conflicts with other countries of the Asian continent. The first factor, still deeply marked by the legacies of a feudal and rigid hierarchical society, is still profoundly discriminatory against historically marginalized groups and communities like the Buraku. The second factor, recently historical conflicts and the ideology of "national harmony and cohesion" are the sources of a deeply rooted mentality of racism and discrimination against other Asian communities, notably the Korean community. While political parties do not openly and publicly promote xenophobic platforms, recent incidents have revealed the profundity of the culture and mentality of discrimination, notably the writing and teaching of the history of relations with Asian countries, in particularly China and Korea as do public discourses and statements by political leaders." (paragraph 40)

Hence, "the argument that such issues as caste must be considered internal matters and given generations to change is also deemed unacceptable on the basis of accepted international principles" (note 28, page 23 of (E/CN.4/2004/61)

Mr Chairperson,

As indicated in the CERD General Recommendation XXIX, forms of social stratification such as caste and analogous systems of inherited status which nullify or impair the equal enjoyment of human rights are to be condemned as a violation of human rights law. States which have taken measures to eliminate such discrimination and remedy its consequences should be congratulated and encouraged to ensure effective implementation of those measures. Affected States which have yet to recognize and address this form of discrimination should be exhorted to do so.

Precisely because of the deeply entrenched nature of this problem, because of the enormous numbers of peoples affected, and because of the global dimensions of the phenomenon, the international human rights community must take cognizance of it.

We call again on the members of this Commission to remember those millions of people around the world who continue to suffer daily the institutionalized violence of such systems of inherited social exclusion.

Thank you.