A/HRC/17/40
Diaspora communities
66.
Discrimination on the basis of work and descent continues to affect diaspora
communities whose original cultures and traditions include aspects of inherited social
exclusion. For example, the caste system has migrated with the South Asian diaspora and is
observed, to varying degrees, in different geographical regions. Some reports indicate
ongoing discrimination against Midgan-Madibhan in the Somali diaspora, and in certain
West African diaspora communities (E/CN.4/Sub.2/2004/31, para. 35).
67.
Despite the limited information available on the issue, the Special Rapporteur has
identified a good practice regarding the diaspora community in the United Kingdom, where
the previous anti-discrimination legal regime has been replaced by the Equality Act 2010.
This legislative framework aims to protect the rights of individuals and advance equality of
opportunity for all. Initially, the Act covered nine protected characteristics (sex, gender
reassignment, race, religion or belief, age, disability, sexual orientation, marriage and civil
partnership, and pregnancy and maternity) in areas such as work, education and goods and
services. It makes provision for the advancement of equality, through the public sector
equality duty and through positive action.
68.
During the passage of the Equality Bill through Parliament, the Government
considered that available evidence did not indicate that caste discrimination was a
significant problem in the United Kingdom in the areas covered by discrimination
legislation; however, it acknowledged that the protected characteristics of race, religion and
belief might not always allow an avenue of redress for caste discrimination. It accepted an
amendment to the Equality Bill, inserting section 9 of the Act, which provides that a
Minister may by order amend that section to provide for caste to be an aspect of race (and
to provide for exceptions in the Act to apply, or not to apply, to caste).
IV.
A.
Activities of the Special Rapporteur
Country visits
69.
Country visits are an essential part of the Special Rapporteur’s activities. They
provide an important opportunity for the mandate holder to interact with Government
representatives and members of civil society. In the planning of such fact-finding missions
the Special Rapporteur pays particular attention to geographic balance.
70.
From 21 to 28 April 2010, the Special Rapporteur visited Singapore. He expresses
his sincere gratitude to the Government of Singapore for its full cooperation and openness
in the preparation and conduct of his visit. The report is included in document
A/HRC/17/40/Add.2.
71.
The Special Rapporteur would like to thank the Government of the Plurinational
State of Bolivia, which has accepted his request to visit the country. He plans to undertake
the mission before the end of 2011.
72.
He would like also to thank the Government of South Africa for inviting him to
conduct a mission, which he plans to carry out before the end of 2011.
B.
Other activities
73.
The Special Rapporteur has participated in several seminars and conferences since
June 2010. On 1 June 2010, he delivered a statement on racism and xenophobia affecting
migrants at a conference on human rights and migrants organized by the Council of Europe,
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