A/HRC/17/40
information, in particular regarding affected communities outside Asia. Further study
of this issue is necessary.
86.
Notwithstanding the existence of international legal obligations to protect
against discrimination based on work and descent, certain Governments have failed to
implement such obligations effectively and have, in some instances, sidestepped the
question of caste discrimination by claiming that it does not fall under the scope of the
international conventions, such as the International Convention on the Elimination of
All Forms of Racial Discrimination, in contrast to the opinion of the Committee on the
Elimination of Racial Discrimination.
87.
However, the Special Rapporteur notes with satisfaction that some
Governments have taken initiatives to address the problems facing communities
affected by discrimination based on work and descent, and encourages them to
continue their efforts, share best practices and take the lead in regional and
international initiatives to eliminate this form of discrimination.
88.
In several cases, the Special Rapporteur notes that shortcomings do not stem
only from Governments and institutions but from the population itself, including
within communities considered of lower caste or status. He recommends that
measures with regard to the legal framework be taken hand-in-hand with awarenessraising, with a special emphasis on the judiciary, police and civil service, to ensure
effective implementation and enforcement of the law by the police and civil service to
ensure access to justice and right to an effective remedy for victims.
89.
The Special Rapporteur:
(a)
Encourages the participation of Governments and civil society in broad
local and national consultations on discrimination based on work and descent;
(b)
women;
Calls upon States to foster the empowerment of victims, and especially
(c)
Recommends the collection of disaggregated data, on a regular basis, to
be able to identify the number of people affected and design appropriate strategies to
fight this kind of discrimination.
90.
Moreover, the Special Rapporteur recommends:
(a)
The enactment of laws and consistent implementation of existing laws,
including the monitoring of domestic legal provisions as recommended by treaty
bodies and other Special Rapporteurs. The general measures contained in general
recommendation No. 29 (2002) of the Committee on the Elimination of Racial
Discrimination should also be implemented. Specific legislation to outlaw direct and
indirect racial discrimination against the affected groups is recommended;
(b)
The continued use of the draft principles and guidelines on
discrimination based on work and descent as a guiding framework for the elaboration
of effective measures to be taken by States to fulfil international legal obligations,
including the duty of Governments to engage in genuine efforts to dispel the
prejudicial beliefs that constitute, support and reinforce discrimination based on work
and descent, including notions of untouchability;
(c)
That, where appropriate and taking into consideration the specific
situation of each country, the design and implementation of affirmative action
measures or programmes, including quota systems in the areas of education and
employment, be considered.
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