Minorities and caste-based discrimination side event on a new report by the UN Special Rapporteur on Minority Issues

22nd March 2016

Panel of speakers UN side event 16 March 2016

DSN-UK Director, Meena Varma, was invited by the UN Office of the High Commissioner on Human Rights to be one of the panellists for a side event with Rita Izsák-Ndiaye, the United Nations Special Rapporteur (SR) on Minority Issues following her report on caste-based discrimination. The event took place on 16 March 2016 and focussed on the global nature of caste discrimination including in Mauritania, Yemen and UK. The SR’s report on caste-based discrimination as presented below provided the perfect opportunity to widen the discussion beyond South Asia.

Alongside Meena and Rita the event featured Ms. Mohna Ansari, Member of the National Human Rights Commission of Nepal, Ms. Rania El Rajji, Middle East Programme Coordinator, Minorities Right Group International and Ms. Salimata Lam, National Coordinator SOS-Esclaves, Mauritania.

When asked by the Moderator, Mr. Antti Korkeakivi, Chief, Indigenous Peoples and Minorities Section, Office of the High Commissioner for Human Rights what were the good practice examples of the next steps to address this issue, Rita replied that this was the $1 million question as it was a matter of changing mindsets.

Mohna said that the National Human Rights Institute in Nepal sets a very good example at both policy and practice levels. The challenge remains in inter-caste marriage, which many find unacceptable. But there is legislation in the new Constitution to address the issue of ‘untouchability’ with compensation built in.

Salimata informed us of the situation in Mauritania – ‘In the eyes of the law, we are all equal, but societally other norms hold sway. Even a destitute will invoke his noble status and the taboos remain because there are no laws to overturn the caste system itself.’

Rania apologised that there was no representative from the affected community in Yemen. This is due to the ongoing violence and the current ‘no-exit’ policy. The Al Akhdam (translated as Slaves) now call themselves Muhamasheen (marginalised ones). Their occupational roles include garbage collection, street sweeping and cleaning toilets and drains. They suffer from social stigma and discrimination, which exacerbate their socio-economic exclusion and poverty. Rania stressed the need to raise awareness to the affected community of their own rights – so that they could begin to demand them.

Meena stressed the role of the ‘rule of law’. We may not be able to change mindsets (certainly not in a generation) BUT we can change behaviours where the rule of law holds sway and legislation is implemented effectively. That is why the UK legislation has such a role to play as it will send a clear message to those countries where there is no political or judicial will to address caste-based discrimination and better the lives of millions.

Rita reiterated the commitment of the mandate to addressing caste-based discrimination which had begun under the tenure of the first SR on Minority Issues, Gay McDougall. Despite the challenges she will continue to keep the issue high on the UN agenda!

IDSN delegation and Kate Gilmore

Earlier that day a delegation from the International Dalit Solidarity Network met the new Deputy High Commissioner, Kate Gilmore. She received detailed updates from India, Pakistan and Bangladesh as well as the current position in the UK and the lack of implementation of the legislation to protect potential victims in the diaspora communities of caste-affected countries.

DSN-UK at the United Nations Human Rights Council 15 and 16 March 2016

21st March 2016

The International Dalit Solidarity Network working with the United Nations Special Rapporteur on Minority Issues to combat caste-based discrimination.

Rita Izsák-Ndiaye, UN SR on Minority Issues

On 15 March 2016 the SR on Minority Issues, Rita Izsák-Ndiaye, presented her annual report to the Human Rights Council, which focused on caste-based discrimination. She encouraged all caste-affected states to take progressive and instrumental steps to protect caste-affected communities. The report highlighted that individuals and groups ascribed to the lowest strata by their caste status share minority-like characteristics, such as marginalised position, stigma and the use of minority protection mechanisms by self-identifying as minority groups.

The SR indicated that 250 million people worldwide suffer from caste-based discrimination, with the highest numbers in South Asia but also present in Africa, the Middle East and the Pacific. Dalits and similar communities from the lower-caste strata face various human rights violations: use of violence, torture and ill-treatment, including sexual violence to oppress them; obstacles in accessing justice systems; political marginalisation; restriction in accessing religious sites; hindered labour mobility; slavery, including trafficking and sexual slavery; forced and bonded labour; restricted access to adequate housing, water and sanitation; limited access to health services and education; and unequal access to humanitarian assistance in disaster and recovery situations.

This was the first milestone report at the United Nations level on caste-based discrimination and states had different reactions to it. At an interactive dialogue session with the SR the representative of India questioned the SR’s on Minority Issues mandate and stated that she was in breach of it to include caste-based discrimination. Nepal concentrated on its positive efforts to address caste-based discrimination and “untouchability” practices. Sri Lanka highlighted its invitation to the SR and stated that the report is ‘inaccurate’ and ‘misleading’. Mauritania outlined that slavery has been abolished and there is no marginalisation or caste-based discrimination of any group in the country. Bangladesh also emphasised its efforts to protect ethnic and religious minorities, but suggested that ‘not all disadvantaged groups are minorities, such as homeless’, therefore there has been some ‘confusion with the concept of minorities, diverting attention from where it should be’.

Many states spoke in support of the report expressing their concern at the extent of caste-based discrimination and recognised it as a major cause of poverty, inequality and social exclusion. In a strongly worded statement, Switzerland said that caste discrimination was unacceptable in 2016. Norway called on states to implement legislation effectively.

We were disappointed to note that the US took the opportunity to raise the question of Tibet with China and that the United Kingdom did not respond or raise any questions during the Interactive Dialogue regarding the issue of caste discrimination in the UK.

Minority Rights Group International, Human Rights Watch and International Dalit Solidarity Network issued a combined statement welcoming the report on a ‘long neglected issue of systematic discrimination’.

The SR replied to the comments emphasising that minorities definition is ‘a liquid and changing definition’ based on self-identification of the groups. She noted that she was disappointed that the Sustainable Development Goals failed to include minorities but was hopeful that more efforts and attention will be paid to caste-based discrimination following her report.