Caste Discrimination
relevant situations in other regions, espe-
and UN
The United Nations Committee on Elimination of Racial
Discrimination, concluding its discussion on descent-based
discrimination, strongly condemned caste practice in south Asia.
This describes a new framework for moving towards the
elimination of caste-based, descent-based discrimination.
AMBROSE PINTO
A
t the United Nations World Con-
ference on Racism held in Durban,
South Africa in August-Septem-
ber 2001, dalit groups across the world
backed with support from some interna-
tional human rights organisations had
fought a battle for the inclusion of caste
into the official charter on race as a form
of descent-based discrimination. They had
lost their battle then due to the hostile
attitude of the Indian government though
they had succeeded in introducing the
clause of caste discrimination in the United
Nations NGO declaration. That defeat
instead of proving an obstacle for the dalits
has been a point of further determination
to fight for their rights. Given the vast
publicity their campaign received in Durban
then, they were determined to link them-
selves with other discriminated groups
across the globe and fight against the Indian
state and society. They seem to have
succeeded.
On August 23, 2002 the United Nations
Committee on Elimination of Racial Dis-
crimination (CERD) while concluding its
discussion on descent-based discrimina-
tion, strongly condemned the caste prac-
tice. The condemnation was not only on
caste, but also on all analogous systems
of inherited status, as a violation of the
International Convention on Elimination
of All forms of Racial Discrimination. The
august body also emphasised that “fresh
efforts, as well as the intensification of
existing efforts, need to be made at the
level of domestic law and practice, in order
to eliminate the scourge of descent-based
discrimination, and empower communi-
ties affected by it”. For the 260 million
dalits in south Asia, and for other millions
of victims globally who are the victims of
descent-based discrimination, it was a step
towards further exerting pressure on a
3988
highly insensitive casteist and racist social
communities who continue to discrimi-
nate and oppress groups in the name of
caste, race and ethnicity.
The recommendation of the CERD
though general one, is historic. The adop-
tion of this document called a General
Recommendation followed a thematic
discussion convened by CERD on August
8-9, 2002 in which the global dimensions
of caste discrimination and similar forms
of social hierarchy were discussed and
debated. The discussion and the recom-
mendation have now provided a new frame-
work for addressing the global dimensions
of this human rights problem, which af-
fects an estimated 260 million people
worldwide. During the thematic discus-
sion, CERD members heard testimonies
from 23 individuals, representing the situ-
ations of dalits of south Asia, Burakumin
of Japan, Osu of Nigeria, and caste com-
munities in Senegal, Niger, Somalia and
Kenya. The testimonies led to the recom-
mendation. The general recommendation
addresses discrimination based on caste
and other forms of inherited status in the
areas of employment, education, housing
and the administration of justice, as well
as from the perspectives of women and
children and in the use of the media.
In discussions, which ran concurrently
with the CERD thematic discussion,
members of the UN Sub-commission on
the Promotion and Protection of Human
Rights the think tank of the Commission
on Human Rights decided to extend their
related study on discrimination based on
work and descent. R K W Goonesekere of
Sri Lanka, a member of the sub-commis-
sion in his report submitted in 2001 had
addressed caste discrimination and similar
phenomena in India, Sri Lanka, Nepal,
Pakistan, and Japan. Sub-commission
members Asbjorn Eide (of Norway) and
Yozo Yokota (of Japan) have now been
Economic and Political Weekly
given the task of extending this study to
cially Africa.
Rajesh Prasad, of the Indian delegation,
stated in his intervention on August 8,
2002, that “while castes and tribes are
systems based on ‘descent,’ since people
are normally born into a caste or a particu-
lar tribe, it is obvious that the use of the
term ‘descent’ in the Convention refers to
‘racial descent”. Patrick Thornberry, com-
mittee expert, said, “the interpretation of
the Convention by India was not going to
convince the committee. As a basis of
discrimination, the term ‘descent’ signi-
fies forms of inherited status”. This brings
under the scrutiny of the UN, once and for
all, the descent-based discriminations
around the world the case of 260 million
untouchables and tribals of south Asia,
three million Burakumin of Japan, Osu of
Nigeria, low castes in Senegal, Somalia,
Niger and Kenya. He asserted that sub-
commission experts would continue the
study of discrimination based on descent
and work. At its meeting on August 2002,
the sub-commission citing its resolution
2000-04 of August 11, 2000, in which it
declared that discrimination based on work
and descent is a form of discrimination
prohibited by international law, took a very
decisive action. It decided to entrust Asbjorn
Eide and Yozo Yokota with the prepara-
tion (without financial implications), of an
expanded working paper on the topic of
discrimination based on work and descent,
in regions other than those already cov-
ered. They were instructed to take into
account the comments made at the 53rd
and 54th sessions of the sub-commission
(including R K W Gunesekere’s submis-
sion on caste-based discrimination in south
Asia). Their reports are to be considered
at the 55th session of the sub-commission
in August 2003.
Members of the International Dalit
Solidarity Network, Ambedkar Centre for
Peace and Justice in Canada and others
have warmly welcomed this important new
development in the international human
rights arena. Shigeyuki Kumisaka of the
Buraku Liberation League declared that
“this General Recommendation will serve
to encourage and empower three million
Burakumin in Japan, as well as 260 million
people suffering from caste-based and
similar forms of discrimination in India
and other countries in south Asia and Africa
people who have long been forgotten, and
on whose situation little light has ever been
thrown”. According to Paul Divakar, the
September 28, 2002
convener of National Campaign on Dalit
Human Rights, India “the flood gates are
now being flung open for addressing caste-
based discrimination at the United Na-
tions. This will pressurise the government
in India to take the issue of enforcement
more seriously.”
It is not the first time that the contro-
versial and politically-sensitive issue of
discrimination against the dalits of south
Asia was raised in UN forums. CERD
itself has remarked upon this issue in the
context of reviewing reports by, amongst
others, India, Nepal and Bangladesh. The
caste system for the first time was intro-
duced in the World Conference on Human
Rights in Vienna 1993 and at the World
Summit on Social Development in
Copenhagen in 1995. But caste-based and
similar forms of discrimination in other
countries was generally little discussed or
understood, either at the international or
national levels. In the concluding obser-
vations of its earlier report, (CERD/C/304/
Add 13, September 17, 1996). Caste-based
discrimination was critically examined by
the UN for the very first time in 1996. That
historic development has been mainly
responsible for starting the debate, which
has continued by other Treaty Bodies like
the Committee on Human Rights, Civil and
Political Rights in 1997, and the Commit-
tee on the Rights of the Child in 2000.
The issue was a key focus of the civil
society advocacy in the context of the
World Conference against Racism in
August/September 2001, though govern-
ments failed to acknowledge the concern
in the official outcome of the World
Conference. The efforts of the dalit lobby
at Durban through Belgium, the spokes-
person of the European Union, Guatemala
and other European countries initially
helped India. But later due to pressure
from the Indian government several coun-
tries did not support the NGOs. Para 73,
which was critical of India’s caste system,
was first proposed by Swiss in Prepcom
3 at Geneva, and the discussion had con-
tinued till the end. It was delaying tactics
by India that caused this para to be dropped
at the end from the main draft due to
shortage of time for discussion.
This is why this general recommenda-
tion is an important second major step
taken by the committee (CERD) to address
the descent-based discrimination. The dis-
cussions in both CERD and the sub-com-
mission in 2002 recognised the progress
that especially India has already made in
formulating legislation to prohibit and
Economic and Political Weekly September 28, 2002
redress caste discrimination. However, as
Soli Sorabjee, attorney-general of India
and member of the sub-commission re-
marked while addressing the CERD dis-
cussions, many of these measures suffer
from “0 per cent implementation”. Paul
Divakar, convener of the National Cam-
paign for Dalit Human Rights (NCDHR)
in India, agreed that “many constitutional
provisions and laws have been promul-
gated, but there are still large areas
unimplemented and yet to be enforced”.
The latest developments in CERD and in
the sub-commission will also provide a
basis, in his view, for “networking with
the many communities around the globe
particularly in Asia and Africa which are
discriminated against on the basis of caste
or similar social hierarchies to collectively
address this issue at the United Nations
and in other forums”. The CERD General
Recommendation and the ongoing sub-
commission study are expected to be
catalysts for a closer and more effective
attention to the human rights violations
associated with an ancient form of dis-
crimination, which remains blight on the
daily lives of millions of people around
the world. With these decisions the 260
million dalits of south Asia, as well as the
unnumbered amount of those affected by
caste discrimination in Africa and across
the world, moved two steps closer to gaining
their full rights.
The following are the general recom-
mendations of the CERD:
Measures of a General Nature:(a) To reso-
lutely implement legislation and other
measures already in force.
(b) To formulate and put into action a
comprehensive national strategy with the
participation of members of the affected
communities, including special measures
in accordance with Articles 1 and 2 of the
Convention, in order to eliminate discrimi-
nation against members of descent-based
groups.
(c) To educate the general public on the
importance of affirmative action pro-
grammes designed to address the situation
of victims of descent-based discrimination.
Protection of Women from Exploitation:
(a) To take into account, in all programmes
and projects planned and implemented,
and in measures adopted, the situation of
women members of the communities, as
victims of the multiple discrimination,
sexual exploitation and forced prostitution.
(b) To take all measures necessary in order
to eliminate multiple discrimination.
Eradication of Segregation of Descent-
Based Communities: (a) To undertake to
prevent, prohibit and eliminate practices
of segregation directed against members
of descent-based communities including
in housing, education and employment.
Elimination of Material on Promotion and
Protection of Caste System: (a) To take
measures against any dissemination of ideas
of caste superiority and inferiority, or which
attempt to justify violence, hatred, or discri-
mination against descent-based communities.
(b) To take strict measures against any
incitement to discrimination or violence
against the communities, including through
the internet.
(c) To take measures to raise awareness
among media professionals of the nature
and incidence of descent-based discrimi-
nation.
Administration of Justice: (a) To ensure,
where relevant, that judicial decisions and
official actions take the prohibition of
descent-based discrimination fully into
account.
(b) To ensure the prosecution of persons
who commit crimes against members of
the communities, and the provision of
adequate compensation for the victims of
such crimes.
(c) To organise training programmes for
public officials and law-enforcement agen-
cies, with a view to preventing injustices
based on prejudice against descent-based
communities.
Protection of Civil and Political Rights:
(a) To ensure that authorities, at all levels,
in the country concerned, involve mem-
bers of descent-based communities, which
affect them.
(b) To organise training programmes to
improve the political, policy-making and
public administration skills of public of-
ficials and political representatives who
belong to descent-based communities.
(c) To take steps to identify areas prone
to descent-based violence, in order to
prevent the recurrence of such violence.
Protection and Promotion of Economic
and Social Rights: (a) To elaborate, adopt
and implement plans and programmes of
economic and social development on an
equal and non-discriminatory basis.
(b) To take substantial and effective
measures to eradicate poverty among
descent-based communities, and combat
their social exclusion or marginalisation.
(c) To work with intergovernmental
organisations, including international fi-
nancial institutions, to ensure that devel-
opment or assistance projects, which they
support, take into account the economic
3989
and social situation of the members of provide equality to dalits have not been in the midst of a vibrant civil society that
descent-based communities. implemented. In the circumstances, the links itself with other groups, there is little
(d) To ensure equal access to health care country cannot turn a deaf ear to CERD’s that the states can do. Dalits have come
and social security services. recommendation. What kind of a response of age and they are present nationally and
(e) To take measures to address the special India would offer, will have to be seen. even internationally. Whether the Indian
vulnerability of children of descent-based As a country, quite sensitive to interna- government likes it or not, the caste issue
communities to exploitative child labour. tional criticisms and opinions, it may not is bound to haunt the nation given their
(f) To take resolute measures to eliminate be possible for the country to turn a deaf influence and presence. It is not sufficient
debt bondage and degrading conditions of ear to a human rights issue on which that the governments state their opposition
labour associated with descent-based dis- international pressure is building on India to “racism, racial discrimination, xeno-
crimination. to correct the historical injustice through phobia and related intolerance”, they need
Right to Education: (a) To ensure that implementation of laws and regulations of also to take as their base the historically
public and private education systems in- the Constitution of the country. constructed cultural, structural and insti-
clude children of all communities and The recommendation of the CERD also tutional aspects in each of their countries
do not exclude any children on the basis indicates the crucial role the NGOs have and derive from this base concrete actions
of descent. come to play in social and human rights to combat racism and other kinds of de-
(b) To take necessary measures in coop- issues in the international arena. The scent-based practices including caste prac-
eration with civil society to educate the governments because of the power and tices. Mere opposition to inclusion of caste
population as a whole, in a spirit of non- authority, they possess, may be able to to cover the sins of the nation can only
discrimination and of respect for the com- dismiss or delay a social or human right misfire and lead to greater pressure from
munities subject to descent-based discrimi- issue to be placed in the UNO agenda. But outside forces and agencies. - 2 9
nation.
(c) To review all language in textbooks
which convey stereotyped or demeaning
images, language, names or opinions
concerning descent-based communities,
and replace them by images, language,
names and opinions which convey the
message of the inherent dignity of all human
beings, and their equality in human rights.
Since all these countries depend, for
their economic needs, upon International
Financial Institutions, like the World Bank,
and IMF, the Ambedkar Centre for Peace
and Justice, Canada has proposed that loans/
aids from international financial institu-
tions be made conditional upon implemen-
tation of these recommendations by the
UN treaty bodies. They hold that the
economic power, which will result when
the 260 million destitute dalits become
contributors to the economy, literate citi-
zens of democratic India, the country will
grow multifold. Peace and security in south
Asia will be guaranteed, and India will be
a real democracy for all of its citizens,
instead of its being a paper democracy for
dalits, as it is today. One cannot question
their aspirations. What the dalits want are
results and quick results.
Will the general recommendation of the
CERD have any impact on the country?
India at the present juncture cannot decide
to defy any international recommendations.
The country is heavily dependent on in-
ternational financial bodies and is working
towards a place in the Security Council.
Soli Sorabjee, attorney-general of India
and member of the sub-commission has
rightly said that in spite of laws, the
implementation of several measures to

3990 Economic and Political Weekly September 28, 2002