Discrimination based on work or descent is widespread throughout much of Asia and in several regions of Africa. Extreme forms of this discrimination – untouchability – involve restrictions regarding the type of employment open to certain groups, prohibitions against inter-marriage, and restrictions on the use of water supplies, places of worship and even public roads. These restrictions are often enforced by violence, while murders in cases of breach of these customs are not uncommon.

The government of India outlawed such discrimination in its 1947 Constitution, has introduced laws against the practice since then, and has set up exemplary programs of positive discrimination, such as reservations in education and government employment. Nevertheless, this pernicious practice remains endemic in the country. Similar practices remain widespread, not only in India but in other countries in South Asia, in Japan, Nigeria, Mauretania and other African States; an estimated 250 million people are victims of this practice worldwide.

Yet no reference was made to this issue in the Durban Program of Action. Discussion in Durban was curtailed following strong opposition from one delegation who argued that such discrimination does not constitute racism.

However, the CERD concluded in 2002 in their General Recommendation XXIX
on Article 1, paragraph 1, (Descent) that such discrimination does fall under this heading. We strongly urge delegations therefore to consider inserting into the DRC outcome document wording that reflects this fact, and which urges all states to take action to eliminate this form of discrimination.

A paragraph to this effect could be included within section 1 of the document, covering Ethnic, linguistic and religious minorities

May we respectfully suggest that the following wording might be appropriate:

Recognising the General Recommendation of the CERD dated 01/11/2002 on Discrimination Based on Work or Descent, we call upon all States where this practice is prevalent to introduce legislation to outlaw the practice and to undertake training programs for all sections of society, including public officials and the police, aimed at the elimination of this practice and to ensure that these laws are enforced.

For further information on this issue, please contact:
Roy W Brown, IHEU Main Representative, UN Geneva.
Xavier Cornut, IHEU Representative, UN Geneva