A/HRC/31/56
rights law, the Sub-Commission appointed an expert to prepare a working paper on the
topic to identify communities in which discrimination based on occupation and descent was
ongoing, as well as to make concrete recommendations for the effective elimination of such
discrimination. The outcome document (E/CN.4/Sub.2/2001/16) focused on countries in
Asia only. Two Special Rapporteurs with the task of preparing a comprehensive study on
discrimination based on work and descent were subsequently appointed, which led to the
draft United Nations principles and guidelines for the effective elimination of
discrimination based on work and descent, yet to be formally endorsed by the Human
Rights Council.
106. In 2013, the guidance note of the Secretary-General on racial discrimination and
protection of minorities explicitly recommended that United Nations action and policies
“reflect the fact that persons targeted for discrimination based on descent, in particular
caste-based discrimination and related practices, are in a number of contexts in a
particularly marginalized position and in need of focused attention”.
107. In 2014, the United Nations network on racial discrimination and the protection of
minorities developed an action plan to support the implementation of those
recommendations, including preparing “guidance for the United Nations system on key
challenges, priorities and strategic approaches to combat discrimination based on work and
descent”. At the time of writing the present report, a guidance tool on descent-based
discrimination, including key challenges and strategic approaches to combat caste-based
and analogous forms of discrimination, was being finalized.
108. Special procedure mandate holders have also begun to address caste-based
discrimination in their communications to States and in thematic and country visit reports.
B.
National legislation and special measures
109. Progressive and instrumental steps that can be taken by States to protect casteaffected communities include the following: identification of communities who suffer from
discrimination on the basis of caste and analogous systems of inherited status; explicit
recognition of caste-based discrimination as a human rights violation in national normative
frameworks; ad hoc legislation to combat specific forms of discrimination on the grounds
of caste and analogous systems; the establishment of special measures, including
reservations, quotas and targeted schemes; and the effective implementation of legislation
and special measures.
Constitutional provisions
110. In South Asia, several constitutions explicitly refer to “caste” as one of the grounds
for prohibited discrimination, including those of Bangladesh (art. 28), India (arts. 15 and
16), Nepal (art. 18), Pakistan (arts. 22, 26 and 27) and Sri Lanka (art. 12.2 and 12.3).
Furthermore, the constitutions of India (art. 17) and Nepal (art. 24) explicitly outlaw
“untouchability”.
111. Outside South Asia, constitutional references to “caste” are limited. Examples
include the constitutions of Burkina Faso (arts. 1 and 23) and Mauritius (art. 16.3). Some
constitutions do not list “caste” as one of the prohibited grounds for discrimination, but
provide specific references to discrimination based on analogous systems of inherited
status. For example, in Japan constitutional provisions prohibit discrimination based on,
inter alia, “race, social status or family origin” (art. 14). In the Constitution of Somalia,
“clan” affiliation is one of the prohibited grounds for discrimination (art. 11).
112. Specific constitutional or legislative provisions establishing reservations or quota
systems for caste-affected groups have been adopted in some countries. In India, the
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