A/64/271
56. The Special Rapporteur referred to the estimated 250 million people around
the world being at risk of violations of civil, political, social, economic and cultural
rights, including violence, marginalization and discrimination, on the grounds of
systems based on inherited status. Human rights violations could occur in a wide
array of areas, including prohibition or limitations on the ability to alter inherited
status, socially enforced restrictions on marriage outside the community, public and
private segregation, including in housing and education, and access to public spaces
and places of worship and public sources of food and water, limitation of freedom to
renounce inherited or degrading occupations or hazardous work, as well as
subjection to debt and bondage.
57. The Special Rapporteur recalled that since the 2001 World Conference against
Racism, held in Durban, the issue of discrimination based on descent had been on
the international agenda. Despite the objection of some States, the main human
rights bodies working in the area of racism and discrimination had clearly stated that
prohibition of this type of discrimination fell within the scope of existing
instruments, in particular the International Convention on the Elimination of All
Forms of Racial Discrimination. In that regard, the Special Rapporteur specifically
referred to the Committee on the Elimination of Racial Discrimination, which
concluded at its forty-ninth session, that “the situation of the scheduled castes and
scheduled tribes falls within the scope of the Convention”. In addition, the
Committee also stated that discrimination on the grounds of caste constituted a form
of racial discrimination and that “the term ‘descent’ had its own meaning and was
not to be confused with race or ethnic or national origin”. More broadly, in its
general recommendation No. 29 (2002) concerning discrimination on the grounds of
descent, the Committee further clarified its position by “strongly reaffirming that
discrimination based on ‘descent’ includes discrimination against members of
communities based on forms of social stratification such as caste and analogous
systems of inherited status which nullify or impair their equal enjoyment of human
rights”.
58. As such, the Special Rapporteur reaffirmed that the legal framework on
discrimination based on descent is unambiguous. Yet, it remains to be implemented
properly. Robust action was required from Governments in order to advance in the
fight against discrimination based on descent. The vital first step in addressing this
issue was for States to recognize that discrimination on the grounds of descent
constituted a form of racial discrimination prohibited by the International
Convention on the Elimination of All Forms of Discrimination. In the absence of
such recognition it would not be possible to effectively address the serious human
rights violations and discrimination suffered by individuals and groups on grounds
of caste and other systems of inherited status.
IV. Conclusions and recommendations
59. In relation to the Durban Review Conference held from 20 to 24 April
2009, the Special Rapporteur hopes that the momentum gained during the
review process will maintain its strength and that all pledges and commitments
made in the outcome document of the Review Conference will be effectively
implemented by States, which bear the primary responsibility in this respect.
The Special Rapporteur recommends that concrete measures be identified at
the domestic level and that a road map with realistic benchmarks be
14
09-45097