The UN Committee on the Elimination of Racial Discrimination (CERD) recommends that the UK Government prohibit caste discrimination and provide remedies to victims of this form of discrimination. Following the review of the UK Government by the CERD Committee at its 79th session in August, the Committee has published its Concluding Observations (C/CERD/GBR/CO/18-20) where it recommends the UK Government to amend national legislation to prohibit caste discrimination. During the review, which was held on 23-24 August, where Committee members asked the delegation about the existence of caste discrimination in the country. The delegation replied that there was “no consensus” on the need for introducing such legislation, and that the Government had not yet “taken a decision” on evidence that such discrimination exists in the country. On this basis, the CERD Committee recommends in paragraph 30 of the Concluding Observations that the State party should acknowledge the existing evidence, some of which has been commissioned by the Government itself, and responds to it by amending the law: “30. While noting the assertion of the State party that there is no evidence in the State party of the existence of caste-based discrimination to any significant extent in the fields covered by the Convention, the Committee has received information from nongovernmental organizations and from recent research studies commissioned by State party institutions that such discrimination and harassment in violation of the rights to work, to education and to the supply of goods and services does exist in the State party (article 2). Recalling its previous concluding observations (CERD/C/63/CO/11 para. 25) and its General Recommendation 29 (2002) on descent, the Committee recommends that the Minister responsible in the State party invoke section 9(5)(a) of the Equality Act 2010 to provide for “caste to be an aspect of race” in order to provide remedies to victims of this form of discrimination. The Committee further requests the State party to inform the Committee of developments on this matter in its next periodic report.” The UK Government is asked to submit its next report to the CERD Committee in 2014. In May 2012, the general human rights record of the UK Government will be examined by the Universal Periodic Review Working Group of the Human Rights Council. More information: Read the Concluding Observations IDSN news piece from UK CERD review 23-24 August UN references to caste discrimination in the UK IDSN and DSN-UK shadow report on caste discrimination in the UK, July 2011 UK country profile
During a review by the UN Committee on the Elimination of Racial Discrimination (CERD) on 23 and 24 August, the UK delegation said that there was “no consensus” on the need for prohibiting caste discrimination in the UK. Furthermore, the Government had “not made a decision” on the findings of a government-commissioned report, which concludes that caste discrimination exists in the UK. “Why are you so afraid”, a CERD Committee member asked during the dialogue. The UK Government’s failure to acknowledge the need for outlawing caste discrimination was a big disappointment to the Dalit community groups, which have fought for years to introduce caste in UK anti-discrimination law. “The Government’s hesitation to amend the law ignores the sufferings and abuse of people in the UK who experience caste discrimination and goes against the will of the UK Parliament, which has declared caste discrimination unacceptable,“ says DSN-UK Coordinator Meena Varma. “We are still awaiting a reasonable and proportionate response from the Government to the evidence that caste-based discrimination does in fact exist in the UK.” In an alternative report submitted to CERD in July, DSN-UK and IDSN called on the Government to take immediate action to adopt the proposed amendment to outlaw caste discrimination in the Equality Bill 2010, and requested the Government to take specific measures to eliminate this form of discrimination in accordance withCERD General Recommendation 29. When the UK was last examined in 2003, the CERD Committee recommended in their Concluding Observations that a prohibition against caste discrimination be included in domestic legislation. In response, the UK Government said that there was no evidence that such discrimination existed in the UK. After significant pressure by anti-caste groups, the Government agreed in 2010 to amend the Equality Act to include caste as an aspect of race in the Equality Act, if such evidence was found. In 2010 the Government therefore commissioned an independent researchinstitute (NIESR) to assess the nature, extent and severity of caste discrimination in the UK. The report, which was published in December 2010, clearly confirmed the existence of caste-based discrimination in the UK and concluded that “non-legislative approaches are less likely to be effective in the private sector and do not assist those where the authorities themselves are discriminating.” When the CERD review began on 23 August, the Government had yet to decide on the findings of the report, and therefore also to make a final decision on whether to adopt the amendment in the law. Representatives from IDSN and the Anti-Caste Discrimination Alliance (ACDA) lobbied the Committee to raise questions on the issue, which was addressed by four members during the dialogue. One member, Mr. Peter, asked why the Minister was so afraid to amend the law and deal with this issue, now that well-documented research had found that caste discrimination exists, incl. bullying in schools. In response to the questions, the Government said that the commissioned report had been “examined carefully”, both by those that were for and against introducing such provision, and that the Government had “not made a decision on it“. The Government has now had eight months to come to a conclusion on the basis of the findings. In follow up to the review, the CERD Committee will include their key recommendations in a set of Concluding Observations, which will be available within a months time. At the same time as the UK review took place, a UK couple sued their British employers for alleged caste discrimination in a historic court case. The case illustrates why it is necessary for the Government to act, without further hesitation, to include caste in the current anti-discrimination law. More information: > Alternative report on caste-based discrimination in the UK by DSN-UK and IDSN > CERD website, incl. links to state report and other NGO reports on the issue (ACDA and The Odysseus Trust) > More information about caste discrimination in the UK
“I have seen many slums from my time visiting Africa and Asia, but the numbers of people packed into a very small area without proper sanitation [here] is very shocking,” Brown said.
A Government-commissioned study on caste discrimination in the UK finds evidence of caste discrimination in work, provision of services, education, and harassment and violence as a result of caste discrimination. The study was commissioned and published by the UK Government Equalities Office and conducted by Hilary Metcalf and Heather Rolfe at the National Institute of Economic and Social Research. Caste discrimination was found to have extensive personal consequences including reduced career prospects, lower earnings, detrimental effects on education, social isolation, reduced access to social provisions, depression, anger, and loss of self-esteem. The discrimination identified in the study was amongst people with roots in the Indian sub-continent (who comprise five per cent of the population) and perpetrated by higher castes against the lower castes.