The Committee on the Elimination of Racial Discrimination,
Recalling the terms of the Universal Declaration of Human Rights according
to which all human beings are born free and equal in dignity and rights and
are entitled to the rights and freedoms therein without distinction of any kind,
including race, colour, sex, language, religion, social origin, birth or other
status,
Recalling also the terms of the Vienna Declaration and Programme of
Action of the World Conference on Human Rights according to which it is the
duty of States, regardless of political, economic and cultural system, to promote
and protect all human rights and fundamental freedoms,
Reaffirming its general recommendation XXVIII in which the Committee
expresses wholehearted support for the Durban Declaration and Programme of Action
of the World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance,
Reaffirming also the condemnation of discrimination against persons
of Asian and African descent and indigenous and other forms of descent in the
Durban Declaration and Programme of Action,
Basing its action on the provisions of the International Convention
on the Elimination of All Forms of Racial Discrimination which seeks to eliminate
discrimination based on race, colour, descent, or national or ethnic origin,
Confirming the consistent view of the Committee that the term “descent”
in article 1, paragraph 1, the Convention does not solely refer to “race” and
has a meaning and application which complement the other prohibited grounds
of discrimination,
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,
Noting that the existence of such discrimination has become evident
from the Committee’s examination of reports of a number of States parties to
the Convention,
Having organized a thematic discussion on descent-based discrimination
and received the contributions of members of the Committee, as well as contributions
from some Governments and members of other United Nations bodies, notably experts
of the Sub-Commission for the Promotion and Protection of Human Rights,
Having received contributions from a great number of concerned non-governmental
organizations and individuals, orally and through written information, providing
the Committee with further evidence of the extent and persistence of descent-based
discrimination in different regions of the world,
Concluding that fresh efforts need to be made as well as existing efforts
intensified at the level of domestic law and practice to eliminate the scourge
of descent-based discrimination and empower communities affected by it,
Commending the efforts of those States that have taken measures to
eliminate descent based discrimination and remedy its consequences,
Strongly encouraging those affected States that have yet to recognize
and address this phenomenon to take steps to do so,
Recalling the positive spirit in which the dialogues between the Committee
and Governments have been conducted on the question of descent-based discrimination
and anticipating further such constructive dialogues,
Attaching the highest importance to its ongoing work in combating all
forms of descent based discrimination,
Strongly condemning descent-based discrimination, such as discrimination
on the basis of caste and analogous systems of inherited status, as a violation
of the Convention,
Recommends that the States parties, as appropriate for their particular
circumstances, adopt some or all of the following measures:
1. Measures of a general nature
(a) Steps to identify those descent-based communities under their jurisdiction
who suffer from discrimination, especially on the basis of caste and analogous
systems of inherited status, and whose existence may be recognized on the basis
of various factors including some or all of the following: inability or restricted
ability to alter inherited status; socially enforced restrictions on marriage
outside the community; private and public segregation, including in housing
and education, access to public spaces, places of worship and public sources
of food and water; limitation of freedom to renounce inherited occupations or
degrading or hazardous work; subjection to debt bondage; subjection to dehumanizing
discourses referring to pollution or untouchability; and generalized lack of
respect for their human dignity and equality;
(b) Consider the incorporation of an explicit prohibition of descent-based discrimination
in the national constitution;
(c) Review and enact or amend legislation in order to outlaw all forms of discrimination
based on descent in accordance with the Convention;
(d) Resolutely implement legislation and other measures already in force;
(e) Formulate and put into action a comprehensive national strategy with the
participation of members of affected communities, including special measures
in accordance with articles 1 and 2 of the Convention, in order to eliminate
discrimination against members of descent-based groups;
(f) Adopt special measures in favour of descent-based groups and communities
in order to ensure their enjoyment of human rights and fundamental freedoms,
in particular concerning access to public functions, employment and education;
(g) Establish statutory mechanisms, through the strengthening of existing institutions
or the creation of specialized institutions, to promote respect for the equal
human rights of members of descent-based communities;
(h) Educate the general public on the importance of affirmative action programmes
to address the situation of victims of descent-based discrimination;
(i) Encourage dialogue between members of descent-based communities and members
of other social groups;
(j) Conduct periodic surveys on the reality of descent-based discrimination
and provide disaggregated information in their reports to the Committee on the
geographical distribution and economic and social conditions of descent-based
communities, including a gender perspective;
2. Multiple discrimination against women members of descent-based communities
(k) 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 multiple discrimination, sexual exploitation and forced prostitution;
(l) Take all measures necessary in order to eliminate multiple discrimination
including descent-based discrimination against women, particularly in the areas
of personal security, employment and education;
(m) Provide disaggregated data for the situation of women affected by descent-based
discrimination;
3. Segregation
(n) Monitor and report on trends which give rise to the segregation of descent-based
communities and work for the eradication of the negative consequences resulting
from such segregation;
(o) Undertake to prevent, prohibit and eliminate practices of segregation directed
against members of descent-based communities including in housing, education
and employment;
(p) Secure for everyone the right of access on an equal and non-discriminatory
basis to any place or service intended for use by the general public;
(q) Take steps to promote mixed communities in which members of affected communities
are integrated with other elements of society and ensure that services to such
settlements are accessible on an equal basis for all;
4. Dissemination of hate speech including through the mass media and the Internet
(r) Take measures against any dissemination of ideas of caste superiority and
inferiority or which attempt to justify violence, hatred or discrimination against
descent-based communities;
(s) Take strict measures against any incitement to discrimination or violence
against the communities, including through the Internet;
(t) Take measures to raise awareness among media professionals of the nature
and incidence of descent-based discrimination;
5. Administration of justice
(u) Take the necessary steps to secure equal access to the justice system for
all members of descent-based communities, including by providing legal aid,
facilitating of group claims and encouraging non-governmental organizations
to defend community rights;
(v) Ensure, where relevant, that judicial decisions and official actions take
the prohibition of descent-based discrimination fully into account;
(w) Ensure the prosecution of persons who commit crimes against members of descent-based
communities and the provision of adequate compensation for the victims of such
crimes;
(x) Encourage the recruitment of members of descent-based communities into the
police and other law enforcement agencies;
(y) Organize training programmes for public officials and law enforcement agencies
with a view to preventing injustices based on prejudice against descent-based
communities;
(z) Encourage and facilitate constructive dialogue between the police and other
law enforcement agencies and members of the communities;
6. Civil and political rights
(aa) Ensure that authorities at all levels in the country concerned involve
members of descent-based communities in decisions which affect them;
(bb) Take special and concrete measures to guarantee to members of descent-based
communities the right to participate in elections, to vote and stand for election
on the basis of equal and universal suffrage, and to have due representation
in Government and legislative bodies;
(cc) Promote awareness among members of the communities of the importance of
their active participation in public and political life, and eliminate obstacles
to such participation;
(dd) Organize training programmes to improve the political policy-making and
public administration skills of public officials and political representatives
who belong to descent-based communities;
(ee) Take steps to identify areas prone to descent-based violence in order to
prevent the recurrence of such violence;
(ff) Take resolute measures to secure rights of marriage for members of descent-based
communities who wish to marry outside the community;
7. Economic and social rights
(gg) Elaborate, adopt and implement plans and programmes of economic and social
development on an equal and non-discriminatory basis;
(hh) Take substantial and effective measures to eradicate poverty among descent-based
communities and combat their social exclusion or marginalization;
(ii) Work with intergovernmental organizations, including international financial
institutions, to ensure that development or assistance projects which they support
take into account the economic and social situation of members of descent-based
communities;
(jj) Take special measures to promote the employment of members of affected
communities in the public and private sectors;
(kk) Develop or refine legislation and practice specifically prohibiting all
discriminatory practices based on descent in employment and the labour market;
(ll) Take measures against public bodies, private companies and other associations
that investigate the descent background of applicants for employment;
(mm) Take measures against discriminatory practices of local authorities or
private owners with regard to residence and access to adequate housing for members
of affected communities;
(nn) Ensure equal access to health care and social security services for members
of descent-based communities;
(oo) Involve affected communities in designing and implementing health programmes
and projects;
(pp) Take measures to address the special vulnerability of children of descent-based
communities to exploitative child labour;
(qq) Take resolute measures to eliminate debt bondage and degrading conditions
of labour associated with descent-based discrimination;
8. Right to education
(rr) Ensure that public and private education systems include children of all
communities and do not exclude any children on the basis of descent;
(ss) Reduce school drop-out rates for children of all communities, in particular
for children of affected communities, with special attention to the situation
of girls;
(tt) Combat discrimination by public or private bodies and any harassment of
students who are members of descent-based communities;
(uu) Take necessary measures in cooperation with civil society to educate the
population as a whole in a spirit of non-discrimination and respect for the
communities subject to descent-based discrimination;
(vv) Review all language in textbooks which conveys stereotyped or demeaning
images, references, names or opinions concerning descent-based communities and
replace it by images, references, names and opinions which convey the message
of the inherent dignity of all human beings and their equality of human rights.