A/HRC/31/56
slaves) face caste discrimination, especially in marriage, and are particularly vulnerable to
exploitation, poverty and slavery-like practices.28
41.
In Nigeria, discrimination against Osu descendants persists. Osu people were
historically considered a property of the local deities among communities in Igboland, in
south-east Nigeria. The Osu were dedicated and “sacrificed” to these gods and forced to
live on the outskirts of the villages. In 1958, the Osu Abolition Law was passed, but
members of the Osu are still subjected to social exclusion, segregation and mistreatment,
and discrimination in employment and marriage. 29
42.
In Senegal, caste systems exist within several ethnic groups, particularly among the
Wolof community, which is divided between the Geer and the Neeno. Some forms of
untouchability are allegedly practised against some Neeno groups, including prohibition
from residing or remaining in particular places and avoidance of physical contact. 30
43.
In Somalia, clan structure determines the composition of society, which is divided
into ranked clan groups. Somalia’s minorities are diverse and comprise three distinct social
groups: Bantu, Benadiri and the “occupational groups”. 31 The “occupational groups”, also
referred to as “sab” (a collective term for “low-caste”), include the Midgan (also known as
Gaboye, Madguban and Musse Deriyo), Tumal and Yibro. These groups are stigmatized as
being of “unholy origin” and dedicated to “polluting” occupations. Discrimination against
them includes being targeted for hate speech and prohibition of intermarriage. 32
44.
Caste-affected groups have also been identified in other countries, such as Burkina
Faso, Burundi, Cameroon, Côte d’Ivoire, the Gambia, Guinea, Guinea-Bissau, Liberia,
Madagascar, Mali and Sierra Leone.
Diaspora communities
45.
The caste system migrated with the South Asian diaspora to other regions, including
Africa (Mauritius, South Africa), Europe (United Kingdom of Great Britain and Northern
Ireland), the Americas (United States of America, Canada and Suriname), the Middle East
(Bahrain, Kuwait and United Arab Emirates), Malaysia, Australia and the Pacific (Fiji).
D.
International legal framework
46.
The Universal Declaration of Human Rights establishes that all human beings are
born free and equal in dignity and rights. The principle of inherent dignity of all persons
permeates the entire Declaration; the preamble refers to this principle, together with the
equality of human rights, as the “foundation of freedom, justice and peace in the world”.
47.
The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities requires States to take measures to ensure “that persons belonging
to minorities may exercise fully and effectively all their human rights and fundamental
freedoms without any discrimination and in full equality before the law” (art. 4 (1)).
28
29
30
31
32
10
See A/HRC/24/43/Add.2, paras. 7-14.
See A/HRC/17/40, paras. 58 and 59; and CERD/C/NGA/CO/18, para. 15.
Abdoulaye Bara Diop, La Société Wolof: Tradition et Changement (Karthala, 2012), pp. 25 ff.
Martin Hill, “No redress: Somalia’s forgotten minorities” (Minority Rights Group International,
2010), p. 8.
Mohamed Eno and Abdi Kusow, “Racial and caste prejudice in Somalia”, Journal of Somali Studies,
vol. 1, Issue 2 (2014), pp. 91-118.