Author Archives: Danni
Caste in Britain by Annapurna Waughray
29th March 2018
As we continue to wait for the outcome of the public consultation on Caste in Great Britain and Equality Law, which closed on 18 September 2017, Economic & Political Weekly published an excellent article Caste in Britain: public consultation on caste and equality law by Annapurna Waughray. The author provides insightful commentary on why the UK government has not adopted a legislation outlawing caste-based discrimination in the UK yet and concludes that ‘Legislating against caste discrimination in the UK is not only contentious, it has become highly politicised’.
The author notes that ‘The next step in the legal regulation of caste discrimination in the UK is the government’s response to the public consultation. Its importance for the development of UK equality law and for legal treatment of caste discrimination in the diaspora cannot be underestimated’.
DSN-UK director shortlisted for a ‘Secularist of the year 2018’ award
19th February 2018
We are delighted to share that DSN-UK Director, Meena Varma, has been shortlisted for a ‘Secularist of the year 2018 award’. The award ‘recognises a campaigner or group for an outstanding contribution to the secularist movement’. The NSS’s council of management selected the shortlist from nominations which were submitted by its members and supporters. The winner of the prize will be announced at the Secularist of the Year luncheon on Saturday 24 March.
Meena has been nominated for her work as Director of Dalit Solidarity Network UK in challenging ‘caste’ discrimination – through research, academic work and public advocacy.
Meena said: “I am so honoured to be even nominated for Secularist of the Year 2018. The campaign to end caste discrimination is a global one and we stand side by side in solidarity with so many including the National Secular Society. Caste discrimination is a human rights issue and can only be addressed when it is seen through a lens separate to religion and when the rich and powerful are not the only ones to have the ear of governments.”
Over the last 10 years Meena led DSN-UK. The nomination reaffirms her strong expertise in caste-based discrimination issues in the UK and South Asia.
“Caste Aside” documentary
12th February 2018
A thought provoking documentary – ‘Caste Aside’ is due to be screened once again in London at SOAS University, on 27 February 2018. The documentary has been wonderfully made by highly talented producer, Priyanka Mogul and director, Damiano Patrucci. It features both pro and anti-legislation arguments on caste discrimination in the UK. ‘Caste Aside’ features DSN-UK Director Meena Varma, Dalit rights activists, Hindu community leaders, academics and lawyers, as well as those who feel they have been discriminated against on the basis of their caste here in Britain.
As we continue waiting to hear from the government on the outcome of the Caste in Great Britain and Equality Law: a public consultation, the screening and the panel discussions after the screenings offer a platform to hear both sides- their arguments, worries and experiences. From the last discussion hosted by Warwick in London and Warwick Policy Lab it became apparent that whilst pro-legislation activists are concerned about the protection of Dalit rights against caste-based discrimination and access to justice, the anti-legislation side remain concerned about such legislation’s impact on their communities and perceived attack on the Hindu religion. The arguments about the Vedas at the event and its potential inclusion of caste discrimination did divert the discussions to Hinduism. However, it has to be highlighted that as religious freedom is protected by the Human Rights Act the proposed legislation will not interfere with religious freedom and does not target any particular religion.
Those advocating against caste-based discrimination, including DSN-UK, agree that the most effective way to outlaw caste-based discrimination is to add caste to the Equality Act 2010. They believe that there is no guarantee that case law will develop to recognise caste as already covered by the existing laws. This uncertainty makes bringing a claim expensive, stressful and uncertain, and such burdens would likely be reduced if caste is simply inserted into the Equality Act 2010.
Those interested in the caste legislation in the UK are encouraged to visit http://casteintheuk.org/caste-law-great-britain-faqs/ and https://www.casteaside.com/ (the resources section).
DSN-UK patron receives OBE for his work to eradicate slavery
16th January 2018
Long-time supporter of the struggle for Dalit rights and campaigner against slavery, Dr Aidan McQuade, has been awarded an honorary British OBE order for services to the elimination of modern slavery. Aidan has devoted his life to the struggle to eradicate slavery and has been one of the most vocal and forward-thinking proponents of measures to address slavery across the globe.
Dr Aidan McQuade is a patron of the Dalit Solidarity Network – UK (DSN-UK) and through his many years as Director of Anti-Slavery International, has also been very involved in the work of the International Dalit Solidarity Network (IDSN). Dr McQuade has been an invaluable contributor to the campaign against caste-discrimination, as a source of expertise, advice and an active driver of advocacy.
“We are thrilled to learn that Aidan is being awarded an OBE for what is truly a major life’s work to move towards a world free of slavery,” said DSN-UK Director, Meena Varma. “His unwavering commitment to tackling the discrimination that underpins slavery, is invaluable to the struggle to end it.”
The direct link between caste discrimination and slavery
Dr Aidan McQuade has persistently and continuously raised the clear linkages between slavery and caste discrimination – referring to it in many articles and presentations as ‘caste apartheid’ – in relevant global fora and in the global media. He has made valuable contributions to addressing caste-based slavery and labour abuses over more than a decade. He has always made a point of the need to address the structural inequalities that underpin slavery and has fought tirelessly, not only for the elimination of slavery, but also against the discrimination and inequality that continue to facilitate its existence.
The caste-related issues that Dr McQuade has addressed over the years include Dalit children working in child labour, labour rights legislation in caste-affected countries, manual scavengers, caste-based prostitutions and pervasive caste-based slavery practiced across many industries including in garment factories, brick kilns, domestic service, agriculture and many other industries.
Putting slavery on the global agenda
In 2015 the UN Sustainable Development Goals (SDGs) were drafted and Dr McQuade contributed to the campaign to ensure that direct attention was given to modern slavery in these goals. The campaign resulted in a specific target of goal 8 calling for immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour to be taken and, and by 2025 to end child labour in all its forms.
Dr McQuade has on many occasions spoken at the UN level and through global statements on the need to address caste-based slavery and caste-based discrimination, and has continuously called for greater regulation of international business to reduce slavery in global supply chains. He was also instrumental in advocating for a new international protocol on forced labour that is considered a milestone in the fight against slavery, as well as the passing the Modern Slavery Act in the UK.
Dr. McQuade recently stepped down from his role as Director of Anti-Slavery International, but will continue to be a patron of DSN-UK. He is already a much sought-after expert consultant on the issues. And most recently, he has completed his first novel – An Undiscovered Country.
We wish Aidan all the luck in the world for his future life challenges and opportunities and thank him for the support and commitment he has shown over the past decade to ending the global ‘caste apartheid’.
Caste in Great Britain – Consultation closed
9th November 2017
A public consultation on Caste in Great Britain and equality law ended on 18 September 2017. Announced on 28 March 2017 with an initial deadline of 18 July it was extended due to campaigning by pro-legislation activists, including DSN-UK, due to the general election and resulting parliamentary purdah during this time.
The Government Equalities Office had informed us before the deadline was closed, that they had received a significant number of submissions – many more than they would have expected for a consultation of this kind. We were also informed that the submissions will be analysed on a qualitative basis, taking into account individual responses. There remains two potential outcomes 1) case law will develop to protect against caste-based discrimination 2) caste will be included in the Equality Act 2010 as a protected characteristic.
Those advocating against caste-based discrimination, including DSN-UK, agree that the most effective way to outlaw caste-based discrimination is to add caste to the Equality Act 2010. They believe that there is no guarantee that case law will develop to recognise caste as already covered by the existing laws. This uncertainty makes bringing a claim expensive, stressful and uncertain, and such burdens would likely be reduced if caste is simply inserted into the Equality Act 2010.
It has been a long way to get the public consultation. As far back as February 2010, an amendment was included in the Equality Act 2010, which allowed for the introduction of secondary legislation as soon as evidence of caste discrimination had been properly assessed. The then Labour government commissioned National Institute for Economic and Social Research to undertake the study on caste discrimination in the UK.
Their report published in December 2010, confirmed the existence of caste-based discrimination in the UK and recommended that in addition to education on this issue, “extending the definition of race to include caste would provide further, explicit protection”.
In July 2013 as a result of an amendment in the Enterprise and Regulatory Reform Act to activate the clause to enable legislation to outlaw caste discrimination, the government published a timetable setting out the steps to result in the outlawing of caste legislation in the summer of 2015. Further research by the Equality and Human Rights Commission was published in spring 2014.
Following the Chandhok & Anor v Tirkey [2014] case at the Employment Appeal Tribunal the Government stated it was reviewing its position on the need to introduce legislation since the circumstances of the case fall within the existing prohibition of race discrimination.
In July 2016, a debate in the House of Lords asked Her Majesty’s Government to spell out the reasons for non-implementation of the caste discrimination legislation – as agreed by Parliament previously. On behalf of the Government Baroness Williams of Trafford said that: ‘I agree that this is an issue which the new Administration, led by the new Prime Minister, who herself was Minister for Women and Equalities in 2010-12, will need to consider afresh, and I am sure that they will.’
Following the debate Mishcon de Reya acting pro-bono and under instruction from DSN-UK wrote a pre-action letter to the Government under a Judicial Review to challenge the UK Government over its non-implementation of the promised legislation to outlaw caste discrimination in the UK. As a result, the Government promised to announce the agreed public consultation on caste legislation in the Equality Act 2010 by the end of the 2016.
Although the consultation eventually was announced on 28 March 2017, caste discrimination is still not expressly prohibited under UK equality legislation and Dalits here in the UK still await justice for their communities and the right to be treated without discrimination in the public sphere.
The UK’s Universal Periodic Review at the United Nations fails to address caste-based discrimination
4th October 2017
GENEVA: 21 September 2017 – the Human Rights Council adopted the outcomes of the Universal Periodic Review (UPR) of the United Kingdom. The review took place on 4 May 2017, when the UK received 227 recommendations. Member states raised concerns about the proposed Bill of Rights, remaining with the European Court post Brexit, indefinite detention of asylum seekers, human trafficking, gender equality, migrants’ rights, ethnic minorities, travellers and Roma community, abortion policies in Northern Ireland and a rise of hate crime post the Brexit vote in June last year. In reply to the received recommendations the UK government stated that it supports 98 and notes 131 recommendations.
DSN-UK is disappointed that none of the member states specifically raised the issue of caste-based discrimination in the UK; the issue had been raised in the previous UPR cycle by Nicaragua:
Put in practice a national strategy to eliminate discrimination against caste, through the immediate adoption of the Equality Law of 2010 that prohibits such discrimination, in conformity with its international human rights obligations, including CERD’s General Recommendation 29 and recommendations of the Special Rapporteur on Contemporary Forms of Racism (Nicaragua).
In August 2016, the Committee on the Elimination of Racial Discrimination expressed a concern that “several provisions of the Equality Act 2010 have not yet been brought into legal effect, including Section 9(5)(a) on caste-based discrimination” and recommended to the UK to:
“Invoke Section 9(5)(a) of the Equality Act 2010 without further delay to ensure that caste-based discrimination is explicitly prohibited under law and that victims of this form of discrimination have access to effective remedies, taking into account the Committee’s general recommendation No. 29 (2002) on descent”.
At the same time, in July 2016, DSN-UK challenged the UK Government on its non-implementation of the law to outlaw caste-based discrimination in the UK. DSN-UK, leading a consortium of organisations, including Anti Caste Discriminations Alliance, CasteWatch UK and the National Secular Society, instructed well known solicitors Mishcon de Reya to write a pre-action letter to the Minister for Equalities and Women and the Secretary of State for Education, Rt Hon Justine Greening MP. As a result the Government pledged to launch the public consultation on the legislation by the end of the year (2016). It took another follow up letter before finally on 28 March 2017, the Government announced “Caste in Great Britain and equality law: a public consultation”. An initial deadline of 18 July was extended to 18 September due to the snap general election over the summer.
Prior to the UPR DSN-UK and International Dalit Solidarity Network (IDSN) made a joint submission to the mechanism, outlining the need to outlaw caste-based discrimination in the UK and the government’s failure to implement the legislation as agreed by both Houses of Parliament. DSN-UK and IDSN also distributed DSN-UK recommendations to a number of Geneva-based permanent missions. Yet, the issue has been overshadowed by Brexit-related political debates not only in the UK but also at the third UPR cycle of the UK, in Geneva.
Nevertheless, DSN-UK will continue to campaign for a caste discrimination free world and this includes in the UK, and to challenge the government on its lack of action to outlaw caste discrimination in the UK. Although lacking targeted recommendations, a number of more general UPR recommendations, addressing issues of discrimination and access to justice, are “supported” by the UK government. Georgia, Paraguay, Kazakhstan and Republic of Korea requested the UK to further incorporate the CERD into its domestic laws and adopt comprehensive anti-discrimination measures. DSN-UK believes that the United States of America and the Netherlands’ recommendations below encompass an adoption of secondary legislation outlawing caste discrimination and providing access to justice for victims of caste-based discrimination:
134.87 Review and strengthen current policies and initiatives to combat societal discrimination against members of racial, religious and ethnic minority groups (United States of America);
134.154 Ensure the accessibility of appropriate legal aid to safeguard access to justice for all, particularly for the most marginalized groups in society (Netherlands)
The UK committed to provide a follow up to 5 recommendations by May 2018 and a mid-term report on all recommendations by May 2019.
The video recording of the adoption session is available here.
CALL TO ACTION: complete the caste consultation (deadline extended)
1st August 2017
The Caste in Great Britain and Equality Law consultation deadline has been extended until 18 September 2017. This was as a result of a specific request from DSN-UK and the consortium of organisations and leading academics that have come together to produce guidelines and FAQs – all to be found on our dedicated website www.casteintheuk.org.
If you are yet to complete the consultation questionnaire please go to the above website and also for direct access to the consultation click here https://consult.education.gov.uk/government-equalities-office/caste-in-great-britain-and-equality-law-1/.
This is a crucial time as we need to send the new Government a powerful message that caste discrimination in the UK must be outlawed – and this must be done by adding caste to the Equality Act as agreed by Parliament in 2013.
Some of the key things you need to know:
- The deadline for the consultation is 18 September 2017.
- If you are struggling to complete the questionnaire the guidance note will become useful. Where there are some suggested answers, which you should put in your own words, keeping to the max 100 words as required.
- If you do not have time, please ensure that you at least complete the 4 mandatory questions: Q5 – Strongly Disagree; Q12a – Strongly Agree; Q12b – Strongly Disagree; Q16 – Option 2 to add caste to the Equality Act 2010.
We also encourage you to follow and tweet the Twitter handle @Casteintheuk and visit, like and share the dedicated Facebook page https://www.facebook.com/CasteintheUK/.
If you have any questions please feel free to get in touch on info@casteintheuk.org.
Best wishes and many thanks in advance for completing the questionnaire, sharing it with your networks and helping to outlaw caste discrimination in the UK.
DSN-UK
3rd Universal Periodic Review of the UK
16th May 2017
On 4 May 2017 the United Kingdom was reviewed under the Universal Periodic Review (UPR). Every 5 years the United Nations (UN) member states’ human rights records are reviewed during the UPR, a state-driven process, where other states make recommendations to a state under review.
The Minister of Justice of the UK and Ireland, Oliver Heald, presented the state report emphasising that the UK voted for Brexit and is planning to leave the EU but will not to turn away from any other of its partners. He reiterated that there are no plans to withdraw from the European Court, the proposed Bill of Rights will continue to protect human rights in the future and there are no plans to narrow the protection of human rights in the country. He stated that the UK’s priorities for the 3rd cycle UPR recommendations will be on eradicating modern slavery and violence against women.
Prior to the review DSN-UK and International Dalit Solidarity Network (IDSN) made a joint submission to the UPR, outlining the need to outlaw caste-based discrimination in the UK and the government’s failure to implement the legislation as agreed by Parliament. DSN-UK and IDSN also distributed DSN-UK recommendations to a number of Geneva based permanent missions, its network members and placed them in the public domain.
IDSN facilitated DSN-UK’s participation in the UK UPR Pre-session, organised by UPR Info in Geneva in April 2017, aiming to assist NGOs with lobbying efforts before the review. DSN-UK Director, Meena Varma, attended the UPR Info training, the UK UPR Pre-session and lobbied Geneva based permanent missions encouraging them to recommend to the UK to outlaw caste-based discrimination. Meena met with representatives of Canada, Denmark, Switzerland, USA, Germany and Czech Republic permanent missions.
However, to our disappointment not one state mentioned the situation of Dalits or caste-based discrimination in the UK during the review. The majority of the recommendations were directed at the proposed Bill of Rights, remaining with the European Court, indefinite detention of asylum seekers, human trafficking, violence against children, violence against women, child poverty, gender equality, migrants’ rights, ethnic minorities, travellers and Roma community, abortion policies in the Northern Ireland and a rise of hate crime post Brexit vote in June last year.
Nonetheless, the Netherlands recommended to the UK to “Ensure the accessibility of appropriate legal aid to safeguard access to justice for all, particularly for the most marginalized groups in society”. DSN-UK believes it should include an adoption of a secondary legislation outlawing caste-based discrimination and providing access to justice for victims of caste discrimination.
Additionally, India was under review on the same day. It received 13 targeted recommendations addressing the situation of Dalits, scheduled castes and tribes, and caste based discrimination practices in the country.
Video recording of the UK review available here, and of India here.
DSN-UK at the ‘Global Parliamentarians’ Conference on discrimination based on work and descent including caste’
13th March 2017
Launch of a research report with the panel including Katia Chirizzi, Meena Varma, Henri Tiphagne and Jerald Joseph.
On 25 and 26 February 2017, a ‘Global Parliamentarians’ Conference on discrimination based on work and descent including caste’ took place in Nepal, Kathmandu, organised by Asian Parliamentarian’s Forum on Dalit Concerns and Asia Dalit Rights Forum. The conference was attended by over 80 participants, including politicians, Dalit activists and diplomats. A highly ambitious programme covered two major themes – the situation today and strategies for tomorrow; and the specific status of Dalit women. Two research reports were released during the conference (1) ‘Dalit women in South Asia: access to education and economic rights – focus on land, higher education, employable skills for livelihoods’; and (2) ‘Report on Regional People’s Tribunal and atrocities against Dalits’.
Over 30 speakers highlighted a number of issues that Dalits and other work and descent based communities face around the globe, including in Brazil, as outlined in Asia Dalit Rights Forum’s publication Towards a Unifying Global Identity: a framework on discrimination based on work and descent, including caste.
DSN-UK was represented by Director, Meena Varma, who chaired one of the impressive panels, titled ‘Addressing discrimination based on work and decent including caste at global level: strategies and achievements of the past and opportunities and tasks for the future’. The panel consisted of Katia Chirizzi, Acting Deputy of Regional Office for South Asia at OHCHR, Henri Tiphagne, Chairperson of Working Group on Human Rights, and Jerald Joseph, Commissioner at Malaysia Human Rights Commission.
Katia Chirizzi highlighted some of the key achievements in recognising caste-based discrimination as a human rights violation at the UN level. She noted CERD General Recommendation 29 on descent-based discrimination and analogous systems of inherited status; specialised reports by a number of Special Rapporteurs, covering caste-based discrimination; and an increase of UPR recommendations related to caste-based discrimination, most recently to Nepal.
Katia also outlined that a Guidance Tool on descent-based discrimination: key challenges and strategic approaches to combat caste-based and analogous forms of discrimination will be launched at the end of March. The launch which will be attended by many UN country team officials will take place in Kathmandu, in the same hotel – potentially even in the same room. The Guidance Tool aims to address work and descent based discrimination, including caste, and provide an important role in addressing it. She ended her presentation by suggesting there was a common thread in the presentations on the day, that adoption of legislations and policies ensuring equality is only a starting point. For change to happen, raising awareness and building the capacity to implement those legislations are essential.
Henri Tiphagne spoke very passionately as a global human rights activist, not as Indian, as he pointed out, because he is not proud of his country’s actions. He stated that Nepal requires applause for recognition of caste-based discrimination, its constitution and for its work with the OHCHR. Henri highlighted that Work and Descent resolution passed more than 20 years ago was the result of the hard work and commitment of and prepared by the community itself. He stated that the UN Principles and Guidelines for the Effective Elimination of Discrimination Based on Work and Descent are at the core of his and other Dalit activists’ work. And yet the Principles remain in draft form and until the UN Human Rights Council formally adopts them, he believes, neither a declaration nor a convention are going to come into existence.
Henri also outlined some of the challenges, including his organisation losing the right to get foreign funding and IDSN struggling to get ECOSOC accreditation. He urged the UN to formally adopt the Principles and Guidelines, organise a global conference of international organisations, continue adding pressure on states and called for a UN Decade for people facing discrimination on work and descent.
Jerald Joseph affirmed that we should strive for a global conference on caste – similar to the world conference on racism. Caste-based discrimination was recognised at Durban conference on racism due to activists coming together united. However, this has not happened since. He spoke about the situation in Malaysia, noting that the NHRIs have no complaints on caste-based discrimination, yet everyone knows the issue exists. He suggested that this silence needed to be broken and hoped that documentation and speaking out about caste-based discrimination in Malaysia would break the silence. Jerald recommended for NHRIs from different countries to link up, encouraged everyone to submit complaints to NHRIs on caste-based discrimination to bring consciousness of the issue, and lastly, hold governments accountable to Durban plan of action, which they agreed to.
Meena thanked the speakers and outlined some of the key recommendations, which were embedded, among other, in the Kathmandu declaration of solidarity, adopted at the end of two days conference.
The conference successfully brought together Parliamentarians, Human Rights experts, Dalit leaders and those in solidarity from across the globe, including India, Bangladesh, Sri Lanka, Malaysia, India, Nepal, Germany, Finland, Norway, UK, and other countries. The end of the conference declaration of solidarity voices the need to address work and descent based discrimination in development and socio-economic programmes, and ensure welfare and inclusion of those communities in laws and policies around the globe.
“UK Caste consultation and Christian responsibility” debate at the Houses of Parliament
13th February 2017
On 1st of February Christian Network Against Caste Discrimination and Voice of Dalit International, UK organised a debate on the upcoming UK Caste consultation at the Houses of Parliament, which was hosted by Lord David Alton. The event attempted to add to discussions on the need for anti-caste based discrimination legislation in the UK.
DSN-UK Director, Meena Varma, attended the event and contributed to the discussions.
We would like to invite you to read an overview of the event on Lord David Alton’s blog, dated 1st February under the title “Dalits- meeting Feb 1st 2017 Room 3 House of Lords, 5:30pm – remarks by Lord Alton of Liverpool” (please scroll down for the article).