A/HRC/17/40
descendants. This marginalization may contain aspects of a purity-pollution dyad, as well
as degrees of real or perceived occupation specialization.67
57.
Many African states have adopted measures to tackle caste-based discrimination.
Some have adopted constitutional provisions guaranteeing freedom from discrimination.
Others have enacted laws banning caste discrimination and slavery. However, these
provisions have not been enforced.
58.
In Nigeria, discrimination against Osu descendants remains a concern. Osu people
were historically “owned” by deities among communities in Igboland, in south-east
Nigeria. They were dedicated and “sacrificed” to these gods and were forced to live on the
outskirts of villages to be the target of any bad luck that might occur. Being an Osu is a
position ascribed at birth, based on descent.68
Chapter IV, article 42, of the Constitution guarantees the right to freedom from
discrimination for every citizen of Nigeria. In addition, the 1958 Osu Abolition Law legally
abolished work- and descent-based discrimination. However, concerns remain about
persistent allegations that members of Osu and other similar communities are still subjected
to social exclusion, segregation and mistreatment, as well as discrimination in
employment69 and marriage (CERD/C/NGA/CO/18, para. 15). Since the enactment of the
Osu Abolition Law, no cases have been prosecuted in connection with the law because no
claims of its violation have been made (CERD/C/SR.1720, para. 3). In this regard, the
Committee on the Elimination of Racial Discrimination has made recommendations to
Nigeria (CERD/C/NGA/CO/18, para. 15).
59.
60.
Caste systems exist within several ethnic groups in Senegal. All characteristics of
caste can be found among the Wolof community, principally divided between the geer and
the neeno. The Constitution of Senegal proclaims the right of all citizens to equal protection
of the law regardless of race, religion, sex, or origin, a reference to one’s caste background
(art. 1), and prohibits all acts of racial, ethnic and religious discrimination (art. 5).
However, the extent to which neeno castes approach the courts for legal redress on
discrimination claims is negligible.70
61.
In Somalia, society is divided into patrilineal segmented and ranked clan groups.
Among Somalia’s minorities, the “occupational groups” include Midgan (or Madhiban),
Tumal and Yibro.71 These groups are also known as “sab”, a collective term for “lowcaste”. Tumal are traditionally blacksmiths; Yibro, ritual specialists; and Midgan,
traditionally hunters and leatherworkers, but who also undertook various arts and craft
work, male circumcision and female genital mutilation. The few educated members of
occupational groups work in any chosen field, but most work in manual and service jobs.72
The occupations of the sab groups are generally regarded as polluting. The sab groups are
also feared and avoided as they have a reputation for occult practices. With the
disappearance of their traditional lifestyles, and as a result of conflict, many have moved to
urban settlements or internally displaced persons camps or fled to refugee camps in
67
68
69
70
71
72
16
The International Dalit Solidarity Network, “Discrimination based on descent in Africa” (London),
seventh to ninth pages.
Human Rights Watch, “Caste discrimination” (note 52), p. 9.
ILO Committee of Experts on the Application of Conventions and Recommendations, Individual
Direct Request concerning Discrimination (Employment and Occupation) Convention, 1958 (No.
111), 2008, Geneva, doc. No. (ILOLEX) 092008NGA111, para. 4.
Human Rights Watch, “Caste discrimination” (note 52), p. 9.
Martin Hill, No Redress: Somalia’s Forgotten Minorities (Minority Rights Group International,
2010), p. 12.
Ibid.