ITEM 6: Racism, racial discrimination, xenophobia and all forms of discrimination

Mr. Chairperson,

PAX ROMANA welcomes the Representatives of the European Union, Pakistan, the International Labour Organisation and all those NGOs who paid much attention to the issue of descent or caste based discrimination.

PAX ROMANA would like to raise the issue of discrimination based on descent and related forms of discrimination. Discriminatory and degrading treatment of a vast global population has been justified on the basis of the caste. In many of the South Asian and some African countries, caste and caste-like systems are the basis for the definition and exclusion of distinct groups on the grounds of their descent. An estimated 250 million people worldwide continue to suffer under a form of apartheid amounting to segregation, modern day slavery, exploitation and violence.

In India, caste is the factor, which excludes one fifth of its population (160 million people) by reason of their work and descent. Dalits are at the bottom of the social hierarchy, excluded by the 'non-dalits' in social life. Caste imposes enormous obstacles to the enjoyment of their civil and political rights and economic, social and cultural rights, which are guaranteed in the Indian Constitution. Dalits are deprived of education, employment opportunities, access to land, temples, hotels and shops. Dalits are not allowed to drink from the same cups in tea stalls. Dalits have to do works, which are considered impure. They are forced to undertake demeaning work such as manual scavenging. Majority of Dalits are bonded labourers in rural communities. Most of them are under the clutches of vicious cycle of a debt bondage.

Violence against Dalits is widespread. Dalit women are sexually abused by upper caste people. The perpetrators of violence enjoy impunity and the upper caste people have a common fund to rescue the people who faced legal action. Though India has a Dalit as its President. A Dalit cannot become a President at the village level governments called panchayats. For example, the president and six other members of panchayat who were elected from the constituency reserved for Dalits were decapitated by upper caste people in Tamilnadu, a state in South India in 1997.

The Indian Constitution prohibits the practice of 'untouchability'. The parliament enacted the Protection of Civil Rights Act only in 1955, with nominal punishment for violations. After considering the inadequacy of the Act, the Parliament enacted the Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act in 1989. The Rules for that Act were enacted only in the year 1995. The special courts were established under the new Act, but the conviction rate is still less than one percent of the cases registered. Despite formal protection in law, discriminatory treatment remains endemic and impunity remains for those committing crimes against Dalits.

The National Human Rights Commission of India in its statement to the World Conference on Racism underlined the manifest inadequacies in the implementation of laws, which are meant to protect Dalits rights.

The UN Sub-Commission expert, Mr.R.K.W. Goonasekare, in his recent working paper on discrimination on work and descent (presented last August in the Sub-Commission) concluded that the 250 million people affected by this form of discrimination "have inherited a life of burdens and few rights, a life of continuous discrimination, a life without dignity".

We deplore the fact that the World Conference against Racism failed to address discrimination based on work and descent, and we appreciate that some governments have now started to recognise this gross omission and have stated as much in this session of the Commission on Human Rights.

We note that the Committee on the Elimination of Racial Discrimination earlier this week has decided to have a thematic discussion in its forthcoming session on the scope of descent under Article 1 of the convention and we welcome this decision.

At this juncture, we wish to recall India's determination in the statement given by it beofore this Commission yesterday that it will combat all forms of discrimination and its affirmation of the Durban Declaration which envisaged that all human beings are born free, equal in dignity and rights and have the potential to contribute constructively to the development and well being of their societies. We insist that this includes combating discrimination based on work and descent.

The international Community can no longer be a silent spectator to caste discrimination.

Hence we call upon the Commission on Human Rights to encourage Governments of countries affected by descent- based discrimination to invite the Special Rapporteur on Racism, racial discrimination, xenophobia and related intolerance to visit their countries.

We call upon the High Commissioner for Human Rights to involve the Anti-Discrimination Unit in the work to combat descent-based discrimination and to undertake visit to affected countries to assess the situation and identify possible measures.

The Commission on Human Rights must call upon Governments, particularly India to come out with broad based approaches and acknowledge before the International Community, the prevalence of discrimination based on caste and to implement the Acts in force wholeheartedly, in order to make the right to equality and freedom a reality for people suffering from descent based discrimination.

Thank you, Mr. Chairperson.