E/CN.4/1999/15 page 25 99. In the rural areas especially, the practice of untouchability is said to be very much alive and is reflected in segregated housing, with the Dalits forced to live at least 1/2 km from the rest of the villagers, and in the prohibition for them to use the wells, the shared water source. Segregation also reportedly exists in the schools, public services and public places (shops, hairdressers and public transport; in restaurants, dishes used by Dalits are sometimes separated from those used by the higher castes). 100. Given, on the one hand, the above-mentioned information, particularly as it relates to the constitutional provision cited by the Indian Government in its communication of 30 September 1997 - “Under article 366, the Scheduled Castes are defined as 'castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of the Constitution'” - and given, on the other hand, the fact that the Committee on the Elimination of Racial Discrimination, in its concluding observations on India's periodic reports, stated, “the situation of the scheduled castes and scheduled tribes falls within the scope of the Convention on the Elimination of Racial Discrimination” (CERD/C/304/Add.13, para. 14), the Special Rapporteur believes that specific attention should be given to the situation of the untouchables in India; a field mission might be envisaged for that purpose, with the agreement of the Indian Government. IV. REPLIES TO ALLEGATIONS TRANSMITTED TO GOVERNMENTS BY THE SPECIAL RAPPORTEUR 101. In 1998, the Special Rapporteur transmitted allegations of racism, racial discrimination and xenophobia to the following four Governments for comments: South Africa, Spain, United States of America and Indonesia. When replies are received within a reasonable period of time and the allegations found not to be justified, they are not published. Otherwise, the Special Rapporteur brings the situations reported to him to the Commission's attention. A. Case 1998/1: South Africa: Communication of 17 September 1998 Allegation of xenophobia 102. It has been reported that on 3 September 1998, at 4.30 p.m., three foreigners, two from Senegal and one from Mozambique, were killed on a train near Irene station, outside Pretoria after a mob accused them of stealing jobs from South Africans. According to a police spokesman, two of the victims were electrocuted by overhead wires when they tried to escape the mob by climbing onto the train roof. A third man fell or was thrown out of the window and was run over by an oncoming train. 103. Allegedly no witnesses to the three deaths have come forward, and no arrests were made. Two placards were found near the train after the incident. They said: “Down with foreigners, they are taking our jobs” and “We will take the law into our hands”. 104. It has also been reported that a number of people who were on the train had participated in a protest march to the offices of the Departments of