UN Sub-Commission study on discrimination based on work and descent
The UN Sub-Commission study on discrimination based on work and descent is the first UN study to comprehensively address the nature, scope and magnitude of this form of discrimination. When the former Commission on Human Rights mandated two Special Rapporteurs with the task of preparing a comprehensive study on this issue in 2005, it was the first occasion on which the UN’s leading human rights body sought to address the entrenched form of caste discrimination that affects an estimated 260 million people on a global scale.
Background information
In 2000, the UN Sub-Commission on the Promotion and Protection of Human Rights took up the issue of discrimination based on work and descent for the first time. In resolution 2000/4, the Sub-Commission declared that discrimination based on work and descent is a form of discrimination prohibited by international human rights law, and decided to entrust Mr. Goonesekere with the task of preparing a working paper on the topic of discrimination based on work and descent.
In 2002, Mr. Asbjørn Eide and Mr. Yozo Yokota were entrusted by the Sub-Commission with the preparation of an expanded working paper on the topic of discrimination based on work and descent in regions outside Asia (decision 2002/108).
In parallel, the Committee on the Elimination of Racial Discrimination adopted its general recommendation XXIX on descent-based discrimination.
In 2003, the Sub-Commission received the expanded working paper presented by Mr. Eide and Mr. Yokota. The paper discussed a number of communities thought to be affected by discrimination of this type outside of the Asian region, and offered a tentative analysis of the common features of these situations.
The Sub-Commission consequently adopted a resolution 2003/22 calling for a further working paper to examine legal, judicial, administrative and educational measures taken by the Governments concerned; to identify additional communities affected by discrimination based on work and descent; and to prepare a draft set of principles and guidelines for the effective elimination of discrimination based on work and descent.
Following the submission of two preliminary reports, the Special Rapporteurs were mandated in resolution 2006/14 with the task of preparing a final report at the 58th session of the Sub-Commission. This session was the final session of the Sub-Commission, which was then replaced by its successor body, the Human Rights Council Advisory Committee (HRCAC).
Future action required by the Human Rights Council
The final report, including the draft principles and guidelines, was submitted to the OHCHR in June 2007. In March 2009 the Human Rights Council adopted decision A/HRC/10/117 to publish the completed Sub-Commission studies. The final report was published as an official UN document (A/HRC/11/CRP.3) at the 11th session of the Human Rights Council.
As a follow-up to the publication of the report, IDSN recommends that the Human Rights Council extend its support to this study and takes action on this matter to ensure follow-up to the study and promotion of the framework by the UN's leading human rights body.
> IDSN recommendations for future action by the Human Rights Council
> Read the draft Principles and Guidelines
