A/HRC/17/40
disadvantageous or disproportionate effect on them. Furthermore, Roma encounter a
societal structural racism and racial discrimination manifested by racist, discriminatory,
xenophobic or intolerant behaviours within societal structures, including racial prejudice
and negative stereotypes, as well as racist violence by individuals. The building in 2008 of
walls to separate Roma from the non-Roma population in Brasov, Romania and in the
district of Beja, Portugal demonstrate the extent to which racism and intolerance against
Roma is sometimes deeply rooted in people’s mindsets.49
24.
Racism and racial discrimination against Roma is also deeply rooted in State
institutions. While the Special Rapporteur is aware of the difficulty in acknowledging such
a reality, he is however convinced that recognition is the necessary first step towards ending
racial discrimination against Roma by State officials. Indeed, Roma are confronted with an
institutionalized discrimination reflected both in legislation, policies and administrative
measures, and in the discriminatory attitudes of State officials. This institutionalized
discrimination may be reflected by, inter alia, the exclusion of Roma from national policies
or their absolute non-existence in data and figures. Policies such as the fingerprinting of
Roma, abuse by police, and racist statements by public officials, or the refusal to employ
Roma in public administrations, outlined above, are further symptoms of the existence of
racism and racial discrimination within State institutions in a number of countries,
including at the highest level.
III.
Discrimination based on work and descent, including
discrimination based on caste and analogous systems of
inherited status
25.
Over the past three years, the Special Rapporteur has recalled that racial
discrimination affects individuals in all societies and regions of the world. While the
manifestations of racism may vary in nature and degree depending on the historical,
geographical and cultural context, all individuals, regardless of their race, colour, descent or
national or ethnic origin, should be offered robust and effective protection against
discrimination. In this regard, the Special Rapporteur highlighted last year at the General
Assembly that since the 2001 World Conference against Racism, the issue of discrimination
based on descent has been on the international agenda. He has noted that the main human
rights bodies working in the area of racism and discrimination have clearly stated that the
prohibition of this type of discrimination falls within the scope of existing instruments,
particularly the International Convention on the Elimination of All Forms of Racial
Discrimination (the Convention). The Special Rapporteur has also referred to the draft
principles and guidelines for the effective elimination of discrimination based on work and
descent and has encouraged States to engage in substantive discussions on this topic and
eventually rally around these draft principles.
26.
The Special Rapporteur has associated himself with the position taken by the
Committee on the Elimination of Racial Discrimination, which, in its concluding
observations, has stated that “the term ‘descent’ in article 1 of the Convention does not
solely refer to race. The Committee affirms that the situation of scheduled castes and
scheduled tribes falls within the scope of the Convention” (CERD/C/304/Add.13, para. 14).
The Committee also stated that “discrimination on the grounds of caste constituted a form
of racial discrimination” (A/64/271, para. 57) and that “the term ‘descent’ had its own
meaning and was not to be confused with race or ethnic or national origin”
(CERD/C/304/Add.114, para. 8). More broadly, in its general recommendation No. 29
49
10
Council of Europe, Parliamentary Assembly, “Report of the Committee” (note 31), para. 26.