A/HRC/31/56
through State practice, with local governments and municipalities employing manual
scavengers.50
73.
This rigid and stratified allocation of work results in Dalits having not only limited
job opportunities, but also lower wages, 51 particularly in rural areas.52
74.
In Japan, the Buraku face job discrimination. Hiring detectives to investigate the
background of job applicants is reported to be common.53 Research highlights that, if
investigations result in the person being considered as Buraku in origin, the individual is
likely not to be further considered in the selection process. Despite the amendments to the
Basic Resident Registration Act and to the Family Registration Law to restrict access to the
family registry (Koseki), professionals who have access, including public notaries, lawyers
and judicial scriveners, are allegedly often paid to obtain such information. 54
Intersectionality between caste and contemporary forms of slavery
75.
Discrimination based on caste increases the vulnerability of affected groups to
contemporary forms of slavery. 55 Research indicates that forced and bonded labour is
widespread within caste-affected communities, despite legal bans.56 In South Asia, Dalits
comprise the majority of people subjected to domestic bonded labour, and a large number
of victims of trafficking in persons, sexual slavery and other forms of labour exploitation
are members of low castes.57
76.
In Nepal, in the agricultural sector, Haliyas (“ones who plough”) are labourers
effectively caught in a debt bondage system. They plough the land, a task considered
dirty.58 They are often forced to take out loans from landowners to cover personal expenses
and are charged exorbitant rates of interest, making their debts extremely difficult to pay
back and effectively trapping them in a never-ending cycle of submission. According to
civil society reports, despite criminalization by the Government in 2010, the practice still
persists and there is currently no legislation in place for the rehabilitation of Haliyas. 59
77.
In Pakistan, Dalits, who are mainly minority Hindus, are disproportionately affected
by forced and bonded labour, particularly in the Sindh and Balochistan provinces. 60
78.
In Mauritania, the Haratine are the ethnic group most associated with slavery,
suffering from discrimination, marginalization and exclusion as the “slave caste”, although
50
51
52
53
54
55
56
57
58
59
60
See A/HRC/15/55 and Corr.1, para. 75.
ILO, Equality at Work: Tackling the Challenges (2011), pp. 43 and 44.
“Caste-based discrimination in South Asia”, p. 5.
Kenzo Tomonaga, “The International Convention on the Elimination of All Forms of Racial
Discrimination and Buraku discrimination” in Descent-Based Discrimination (International
Movement against All Forms of Discrimination and Racism, 2004), pp. 47-48.
Buraku Liberation League and International Movement Against All Forms of Discrimination and
Racism – Japan Committee, report to the Human Rights Committee on disclosure of evidentiary
materials for just and fair justice systems, and the right to privacy and the Japanese family register
system “Koseki Seido”(2013).
See A/HRC/24/43, para. 15.
Bethan Cobley, “International consultation on caste-based discrimination” (International Dalit
Solidarity Network, 2012), p. 21.
See A/HRC/17/40, para. 33.
See A/HRC/24/43, para. 16.
Asian Legal Resource Centre, submission to the universal periodic review of Nepal (2015), p. 4.
Anti-Slavery International, Poverty, Discrimination and Slavery: The Reality of Bonded Labour in
India, Nepal and Pakistan (2008), p. 14.
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