A/66/313
in its general recommendation No. 29: Article 1, paragraph 1, of the Convention
(Descent) (2002), strongly reaffirmed that “discrimination based on ‘descent’
includes discrimination against members of communities based on forms of social
stratification such as caste and analogous systems of inherited status which nullify
or impair their equal enjoyment of human rights”.
39. The Special Rapporteur would like to stress that multiple discrimination
compounds the severity of the plight of low castes, who sometimes form part of a
religious minority. For instance, many Hindu members belonging to “scheduled
castes” (Dalits) experience segregation in access to housing, live below the poverty
line, earn less than the minimum wage and have no access to education. They suffer
from numerous diseases, not least because of lack of access to safe drinking water
and sanitation, and sometimes face discrimination in accessing public-health
facilities. Pervasive discrimination keeps them poor, uneducated, in terrible living
conditions and in menial jobs. Discriminated against in terms of education, children
of lower castes are among the most vulnerable, facing recruitment as child labour,
soldiers or as sex workers, and rampant torture and corporal punishment. Trafficking
and the sale of children, especially young girls, and infanticide of female children
are other multiple forms of discrimination. Women and girls face multiple
discrimination, including through sexual exploitation, forced prostitution, violence
in their family and communities, and from actors in other castes.
40. At the same time, the Special Rapporteur has identified good practices and
challenges in the fight against discrimination based on work and descent at the
international and national levels. He notes with satisfaction that some Governments
have taken initiatives to address the problems facing communities affected by
discrimination based on work and descent, and he encourages them to continue their
efforts, share best practices and take the lead in regional and international initiatives
to eliminate this form of discrimination.
41. However, despite Government efforts to eradicate this type of discrimination
through constitutional guarantees, legislation and affirmative action programmes,
the Special Rapporteur notes that caste-based discrimination remains deplorably
widespread and deeply rooted. He would like to reiterate that, notwithstanding the
existence of international legal obligations to protect against discrimination based
on work and descent, certain Governments have failed to implement such
obligations effectively and have, in some instances, sidestepped the question of
caste discrimination by claiming that it does not fall under the scope of the
international conventions, such as the International Convention on the Elimination
of All Forms of Racial Discrimination, in contrast to the opinion of the Committee
on the Elimination of Racial Discrimination. In that regard, he again recommends
that the general measures contained in general recommendation No. 29 (2002) of the
Committee on the Elimination of Racial Discrimination be implemented.
42. The Special Rapporteur recommends the continued use of the draft principles
and guidelines for the elimination of discrimination based on work and descent 7 as a
guiding framework for the elaboration of effective measures to be taken by States to
fulfil international legal obligations, and invites Governments to consider creating a
consultative body of regional human rights institutions to study the issue and raise
regional awareness. Furthermore, the Special Rapporteur recommends that measures
__________________
7
12
www2.ohchr.org/english/bodies/hrcouncil/docs/11session/CRP/A-HRC-11CRP3.pdf.
11-45818