A/HRC/17/40 50. In Sri Lanka there are two caste systems: one for the Sinhalese and one for the Tamils (E/CN.4/Sub.2/2001/16, para. 28). Caste differentiation occurs in both of Sri Lanka’s main Tamil communities. 64 Caste-based discrimination is sometimes applied to non-Hindus—including Tamil Christian and Muslim converts and members of other minority groups. Caste differences between Indian-origin Tamil plantation workers also remain prominent. Untouchables are made to perform specific tasks during Hindu rituals that are particular to their low-caste status. 51. In 1957, the Government passed the Prevention of Social Disabilities Act, making it an offense to deny access to various public places to persons by reason of their caste. A 1971 amendment imposed stiffer punishments for the commission of these offenses. The 1978 Constitution of Sri Lanka does not provide for community-based affirmative action, but does prohibit discrimination on the grounds of caste, including caste-based restrictions on access to public places, including places of worship of one’s own religion. However, serious problems remain. 52. In Japan, discrimination against Buraku, also known as eta (“pollution abundant” or “unclean”), persists despite the official abolition of the Buraku system by the Emancipation Edict of 1871 and other Government measures. Nevertheless, the implementation of special policy measures, based on the Law on Special Measures of 1969 aimed at improving the living environment of Buraku districts and improving access to employment and education for Buraku (E/CN.4/2006/16/Add.2 and Corr. 1, para. 15), gave positive results. Other achievements include the increase in the rate of Buraku children going to senior high school, and a certain increase of public understanding of the problems facing Buraku.65 53. The only provision in national legislation prohibiting racial discrimination is article 14 of the Constitution, but its provisions are not considered by courts to be self-executing. Since the provisions of the Convention are also considered to be not self-executing, there is no provision in national legislation that outlaws racial discrimination and provides for a judicial remedy for the victims (E/CN.4/2006/16/Add.2 and Corr. 1, para. 11). 54. The governmental strategy to fight discriminatory mentality against Buraku and other groups is carried out principally through human rights education policies promoted by the Ministry of Education (ibid., para. 16). However, there is still no public authority specifically mandated to deal with burakumin discrimination. 55. The practice of hiring investigation or detective agencies to investigate the personal backgrounds of people to identify whether someone is of Buraku origin is not unusual in Japan. Some companies even continue to use “Buraku lists” (ibid., para. 21). (b) Africa 56. Descent-based discrimination is mainly of three types in Africa. First are caste systems based on “occupational specialization of endogamous groups, in which membership is based on ascription and between which social distance is regulated by the concept of pollution”.66 The second is discrimination based on real or perceived descent from slaves, leaving many in “virtual” slavery, unable to leave their owner’s employ for fear of reprisals or starvation. The third is against the hunter-gatherer societies and their 64 65 66 Human Rights Watch, “Caste discrimination” (note 52), p. 8. Kenzo Tomonaga, “The Buraku liberation movement and legislative measures towards elimination of discrimination – the Japanese experience”, sect. 8. Available from http://blhrri.org/blhrri_e/article/20110303/arricle1.htm. A. Tuden and L. Plotnicov, Social Stratification in Africa (New York, The Free Press, 1970), p. 16. 15