Racism and Human Rights

Discrimination on the basis of occupation and descent in the WCAR preparatory processes

Expert Seminar on Racism, Refugees and Multi-Ethnic States, Geneva, 6-8 December 1999

29. The seminar was reminded that "casteism" was a particular type of discrimination that required the attention of Governments and the international community.

Consultation on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Bellagio, Italy, 24-28 January 2000

16. Racism is linked with other forms of discrimination and intolerance. Every human being has multiple bases of identity, including race, colour, ethnicity, national or linguistic origin, class, caste, gender and sexual orientation. Racism compounds the various other forms of discrimination a person or group may face. There are also hierarchies constructed within racial groups on the basis of skin colour or language, for example. Thus, racism can be internalized, resulting in discrimination against members of the same racial group. ...

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Core themes of the World Conference

50. ... The following core themes are proposed topics for working groups at the World Conference.

Theme 1: Forms and manifestations of racism, racial discrimination, xenophobia and intolerance

Sub-issues:

Sources, causes and contributing factors of racism: ...

Caste systems; ...

Background paper prepared by Mr. Ion Diaconu, member of the Committee on the Elimination of Racial Discrimination, in accordance with paragraph 51 of Commission resolution 1998/26, on the definitions of racial discrimination

26 February 1999

Features of the definition

16 The definition of racial discrimination, as given by the Convention, is based on objective elements; it involves any distinction, exclusion, restriction or preference; that means, one has to identify an appropriate comparator; as they are based on race, colour, descent, or national or ethnic origin, the comparator is given by reference to persons of a different race, colour, descent or national or ethnic origin. By this enumeration the definition is suitable to protect all persons, as well as racial or ethnic groups. ...

17. These concepts are nevertheless not very clearly defined and strictly distinct from each other; the term "descent", which is not found in any other international document and was suggested by India during the elaboration of the Convention, does not indicate in what way it is different from "national" or "ethnic origin"; some scholars commented that it would include the notion of "castes"; others, that it should indeed add something, because it cannot be easily subsumed under the concepts of national or ethnic origin. ...


Proposals for the work of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: working paper submitted by Mr. Paulo Sérgio Pinheiro, member of the Sub-Commission, in accordance with Sub-Commission resolutions 1998/6 and 1999/6
6 March 2000

24. The World Conference must state with precision and insistence that the rights of persons of African descent, indigenous peoples, lower castes and national minorities are human rights. It is not sufficient repeatedly to affirm the value of equality, as several generations of politicians, lawmakers and lawyers have done: the recognition of Afro/Latins, indigenous peoples, lower castes, such as the Dalits, and the Roma, with hegemonic peoples must be accompanied by specific protections and compensatory policies. Legal rights must enhance the living conditions of the families of those groups, through legislation against racial bias in employment, discrimination in pay and incentives, and aiming to curb police violence against them.
...

45. When we consider the diverse forms of racism, its victims and manifestations - discrimination on the basis of colour, ethnic origin and caste, discrimination against indigenous peoples, ethnic groups, the Roma, xenophobia and religious intolerance, we may conclude that in every society there is present a "vicious circle" where such factors as race, poverty and lack of education interact for the oppression of many groups of people. ...

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47. An international strategy must be devised to encourage political leaders to resist populist but socially divisive platforms. The international community must acknowledge this problem as a human rights issue and ask the Governments of those countries to find effective remedies for this situation. The United Nations agencies and the multilateral financial institutions must contribute to eradicating the pervasive problem of caste-based abuse.
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66. The work of grassroots organizations which struggle for the elimination of socially institutionalized discrimination, such as caste-based discrimination, must be supported.

Note by the Secretary-General transmitting reviews and recommendations concerning the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance received from specialized agencies, other international organizations, concerned United Nations bodies and regional organizations
28 March 2000

C. United Nations Development Fund for Women
...

6. The term "racial discrimination" recognizes that race and ethnicity are socially constructed, and tracks the broad definition included by the International Convention on the Elimination of All Forms of Racial Discrimination as "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, or human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life". Use of the term "minority groups" here refers to communities lacking power whose status is socially constructed through historical relationships based on power that is justified through perceived difference due to race, ethnicity, colour, descent, national origin, religion, language, culture, caste, class and other status.

12. International human rights law has long prohibited State-sanctioned violence against individuals and has imposed affirmative obligations upon States to protect individuals from violence by both private and public actors. In some cases, however, where gender and race converge to make women of disadvantaged racial groups among the most powerless in society, rates of violence are particularly high. ... Rigid caste systems, as in India, render Dalit ("untouchable") women particularly vulnerable to sexual violence and abuse.

Asia-Pacific Seminar of Experts in preparation for the World Conference Against Racism: Migrants and Trafficking in Persons with Particular Reference to Women and Children, Bangkok, 5-7 September 2000

17. ... States should make greater efforts to investigate and address the root causes of migration and trafficking, including poverty, political and social oppression, ethnic, religious and gender- and caste-based discrimination, and situations of violence and armed conflict.

...

20. ... The Seminar identified three features which have contributed to the problems of migration and trafficking:

(i) The benefits of globalization were extremely uneven and it had deepened inequality in the region;

(ii) It has led to deeper divisions along racial, gender and class/caste lines while contributing to and exacerbating a feeling of perceived deprivation in relation to others; and,

(iii) This process had been accompanied by more restrictive migration and asylum policies in more developed countries as well as labour deregulation policies in underdeveloped countries, leading to an increase in trafficking in persons and irregular migration.

21. The World Conference should recommend that any economic development programmes in sending countries must ensure that they do not simply further entrench elites whose positions are often legitimized by discriminatory attitudes engendered by racism, sexism, ethnicity and class/caste. ...

Regional Seminar of Experts on the Prevention of Ethnic and Racial Conflicts in Africa, Addis Ababa, 4-6 October 2000

41. The Seminar recommended to States :

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- To undertake an in-depth study of the question of castes, in particular in Africa, in cooperation with the Committee for the Elimination of Racial Discrimination ...

Forum of Non-Governmental Organisations - " End Racism Now ! " Strasbourg, 10-11 October 2000 (prior to the European Conference against Racism)

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In respect to the agenda of the World Conference, we also wish to draw attention to the discrimination based on occupation and descent, such as that practised against the Dalits of south Asia, against the Burakumin of Japan and in some parts of west Africa, which consists of a complex series of violations of human rights against a significant proportion of humanity. We call for explicit and systematic attention by the World Conference to this "hidden apartheid." ...

Declaration of the Asia Pacific NGO Forum, Teheran, Iran - February 17-18, 2001

  1. Reaffirming that all human rights are universal, indivisible, interdependent and inalienable, irrespective of distinction of any kind such as race, colour, sex, gender, language, national or ethnic identity, caste, descent, religion, social origin, disability, sexual orientation, age and other factors;

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  1. The Asia-Pacific region is rich with a diversity of cultures, languages, religions and peoples. However, the nation-building process in the region has resulted in some groups being rendered stateless, refugees, internally displaced persons and migrants and in discrimination against their cultures, languages, and religions. Today, many states in the Asia Pacific region are facing the threat of disintegration due to racial, caste-based, ethnic and other forms of discrimination and intolerance.

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  1. Governments have a responsibility in the elimination of structural and institutional racism and discrimination on the basis of race, caste, colour, sex, descent, occupation, ethnic origin, national origin and other factors if we are to achieve respect and equality for all human rights for all.

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  1. The Asia Pacific NGO Forum focussed on sub-themes important and relevant to the Asia Pacific region and also on the impact of racism, racial and ethnic discrimination, xenophobia and related intolerance on specific groups, such as women, Dalits, Burakumin, indigenous peoples, documented and undocumented migrants, migrant workers, trafficked persons, refugees, displaced persons, and people living under foreign occupation.

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  1. We recognise the specific impact of racism, racial and ethnic discrimination, and all other forms of discrimination on the human rights of women, specifically women belonging to marginalised and minority communities, and that all forms of violence against women are heightened by racism, caste-based, racial and ethnic discrimination, xenophobia and related intolerance.

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Caste and Racism

  1. Caste is descent-based and hereditary in nature, determined by one's birth into a particular caste. Caste and descent-based discrimination affects nearly 240 million people in the Asia Pacific region, for example Dalits in India and Nepal and Burakamin in Japan, irrespective of the faith that they practice.

  2. Untouchability is the most insidious manifestation of caste-based discrimination in the Asia Pacific region, specifically in India and Nepal. Caste-based discrimination de facto denies access to public services including housing, education, health, land, employment, social services and other resources normally available to citizens of a country as a right.

  3. The grave lack of legal protection for persons who suffer caste-based discrimination places restrictions on their enjoyment of rights as well as on their social and economic mobility and makes them more vulnerable to all forms of violence.

  4. Even though states enact laws to protect the rights of marginalized communities, it is the states themselves who often violate these laws;

Recommendations

The Asia Pacific NGO Forum recognises the urgent need to translate the objective of the Declaration by the NGO Forum into a practical and workable Plan of Action. We therefore recommend to the governments of the Asian Pacific region:

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  1. Include a perspective on the intersectionality of various forms of discrimination in all educational programs, with a special focus on the eradication of stereotypes based on race, caste, sex, descent, national or ethnic origin and other factors.

Caste and Racism

14. Enact legislation to combat caste-based discrimination in those countries where such legislation does not exist.

  1. In countries where legislation banning discrimination on the basis of caste already exists, take immediate steps to create transparent and effective monitoring mechanisms including the establishment of time-bound programs to ensure implementation of such legislation.

  2. Enforce laws related to violence and atrocities committed against members of communities that experience marginalization due to caste, descent and occupation, especially the women of these communities;

  3. Ensure that members of these communities are protected by law from exploitation of their labour, including the implementation of laws that prohibit child labour, bonded labour and manual scavenging;

  4. Implement laws relating to land reform that would guarantee access to and control of land for these marginalized communities;

  5. Extend the system of reservations to enhance access to higher government posts, including in scientific institutions, in the judiciary, and in the private sector including multinational corporations operating in these countries, and to enhance participation of members of these communities in agencies such as law enforcement agencies;

  6. Allocate adequate funds for programs for the socio-economic upliftment of these communities including educational programs;

  7. Implement the resolution on discrimination based on work and descent adopted by the U.N. Sub-Commission on Human Rights in August 2000.


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