What is discrimination based on work and descent?
Discrimination based on work and descent is the UN terminology for caste discrimination. The term has been used by several UN human rights bodies, including by treaty bodies and Special Rapporteurs, reaffirming that this is a form of discrimination prohibited under international human rights law.
Subsequent practice by UN treaty and charter-based bodies have affirmed that caste-based discrimination fall under the purview of international human rights instruments. The argument that caste-based discrimination cannot be equated with racism is no reason for rejecting the consideration of this serious human rights violation by relevant UN mechanisms. IDSN is of the position that caste may not be race, but it does not mean that there is no discrimination on this ground.
For a thorough analysis of the definitions of caste and descent in international human rights instruments, including in the traveaux preparatories of the Universal Declaration of Human Rights and in the ICERD, read this background paper.
Draft UN Principles and Guidelines for the Effective Elimination of Discrimination based on Work and Descent
Discrimination based on work and descent is defined in paragraph 1 of the draft UN principles and guidelines as:
[...] any distinction, exclusion, restriction, or preference based on inherited status such as caste, including present or ancestral occupation, family, community or social origin, name, birth place, place of residence, dialect and accent that has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life. This type of discrimination is typically associated with the notion of purity and pollution and practices of untouchability, and is deeply rooted in societies and cultures where this discrimination is practiced.
> More information about the draft UN Principles and Guidelines
CERD General Recommendation 29 on descent
In 2002, the UN Committee on the Elimination of Racial Discrimination (CERD) adopted General Recommendation no. 29 to confirm the legal interpretation of the term "descent" in article 1(1) of the Convention. This General Recommendation reaffirmed that caste-based discrimination falls within the scope of the Convention:
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 [...]
Other UN treaty body committees, such as the CERD, CESCR, CEDAW, CAT and the CRC have addressed caste-based discrimination when reviewing relevant state reports, thus confirming that caste-based discrimination falls within the purview of these instruments as well.
> Link to CERD General Recommendation 29 on descent
> More information about UN treaty body reviews of affected countries
UN Special Rapporteur on contemporary forms of racism
The UN Special Rapporteur on contemporary forms of racism has reaffirmed on several occasions that caste discrimination is implicit in this mandate. Both the former mandate holder, Mr. Doudou Diène, and the current special rapporteur, Mr. Gitui Muigai have affirmed this position.
In 2008, Mr. Diène stated in a report to the Human Rights Council (A/HRC/7/19) that:
Despite the objection of some member States, the main human rights bodies working in the areas of racism and discrimination have clearly stated that prohibition of this type of discrimination [on the grounds of caste] falls within the scope of existing instruments, in particular the International Convention on the Elimination of Alls Forms of Racial Discrimination.
During the Durban Review Conference, Mr. Muigai reiterated this position and called for enhanced implementation and robust action by affected governments in order to advance in the fight against this form of discrimination in a statement on 21 April 2009.
> More information about UN Special Procedures and caste discrimination
Durban Declaration and Programme of Action
In spite of heavy civil society pressure, the terminology of discrimination based on work, descent and caste was not included in the Durban Declaration and Programme of Action (DDPA) at the World Conference against Racism in 2001. In 2009 UN member states will review the implementation of the DDPA at the Durban Review Conference.
> More information about caste discrimination and the Durban Review Conference
