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Dalits Fast for Recognition of Caste Discrimination by WCAR
AHRC Press Release
Chanting "No World Conference without Para 73" and "Don't Sell Out the Dalits," the Dalit caucus at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) began fasting on Sept. 6 to pressure government delegates attending the one-week U.N. conference, which concludes today (Sept. 7), to include Paragraph 73 on caste discrimination in the final draft of the WCAR's Programme of Action. The paragraph reads:
"Urges States to ensure that all necessary constitutional, legislative and administrative measures, including appropriate forms of affirmative action, are in place to prohibit and redress discrimination on the basis of work and descent, and that such measures are respected and implemented by all State authorities at all levels;"
Late on Sept. 6, Tim Gill of the Asian Human Rights Commission (AHRC), who is attending the conference and participating in the fast, reported that no decision had been reached about whether or not to include the paragraph on caste discrimination in the final conference document. He also said that the Indian government is now seeking to remove the words "work and" from the phrase in the paragraph "work and descent." Canada and the European Union though are maintaining that the paragraph should be kept intact, he said. If adopted, Paragraph 73, as proposed by the Indian government, would read:
"Urges States to ensure that all necessary constitutional, legislative and administrative measures, including appropriate forms of affirmative and positive measures, are in place, particularly in areas of education and employment, to prohibit and redress discrimination on the basis of race, colour, descent, or national or ethnic origin, and that such measures are respected and implemented as necessary;"
For the Dalits, the change proposed by India is very significant, for U.N. language has asserted that caste discrimination is a form of racial discrimination on the basis of work and descent. India has already pressured other States into removing the word "caste" from the whole document and is now actively trying to remove "work and descent," a change that is totally unacceptable to the Dalit movement.
Meanwhile, the Asia-Pacific caucus released the following statement on Sept. 6 that in its last paragraph reinforces the position that caste is discrimination based on both work and descent:
"In the Asia-Pacific region numerous groups including minorities, migrants, refugees, Dalits, trafficked persons, women and girls, indigenous peoples and peoples under foreign occupation have been subjected to the most extreme forms of discrimination that this conference was designed to address.
"Global economic trends, policies and related privatisation in the Asia Pacific region have negatively impacted on the situation and status of women and girls from ethnic, national and religious minorities, Dalit and indigenous groups. Globalisation relies heavily on the exploitation of cheap labour, which is generally the labour of women and girls, putting women and girls from disadvantaged groups to further economic disadvantage. We request this World Conference integrate a gender perspective into every aspect of discrimination examined. Globalisation and the global division of wealth must also be considered in the documents.
"Intra- and inter-state armed conflicts in the Asia Pacific region continue to cause militarisation of state and civil society. In these conflicts both state and non-state actors perpetrate gross human rights violations with impunity, including forced disappearances, extra-judicial killings, arbitrary arrest and forms of ethnic cleansing. In the Draft Programme of Action, we call for the adoption of Paragraphs 93, 95 and 96 regarding prosecution of perpetrators of racist acts.
"We assert that the state security apparatus should be used to protect minorities and not to violate their rights. Militaries should desist from manipulating ethnic, religious and cultural differences for political purposes, as evident in the conflict in Maluku, and should be prevented from militarising civil societies. The protracted civil war in Sri Lanka has crippled the economic, social and political life of the whole population.
"We have witnessed that peoples under foreign occupation are exposed to gross human rights violations. Within this context, racial discrimination is both a cause and a consequence of foreign occupation. The armed occupation of Palestine, Aceh Sumatra, Bougainville and West Papua have caused immense human suffering, disappearances and mass population displacement. The occupation of Tibet has meant oppressive state control of every sphere of existence of the Tibetan people, including religion, education and politics and forced population transfer and calls for immediate international attention. Militarisation and the denial of the right to self-determination are at the root of these problems. We call for the retention of Paragraph 33 and 66 of the Draft Declaration regarding foreign occupation and Paragraph 65 on religious intolerance.
"Refugees and internally displaced people are often victims of racial and ethnic discrimination, and are deprived of their basic rights as citizens. The condition of these displaced populations, subject to abuse by armed militia and denial of basic social needs, is a constant reminder of the urgent need to resolve these conflicts so that the communities may safely return. We assert the right of return of some 100,000 Bhutanese refugees living in camps in Nepal.
"We want the international community to recognise that migration, particularly labour migration, is not a choice but a necessity for migrants and their families to survive massive poverty, racial, ethnic or gender-based violence and internal conflicts in their countries. Undocumented migrants are doubly at risk of racial discrimination and xenophobia. Their lack of legal status is often used to justify denial of basic human rights, including access to redress mechanisms and basic social services. We call for the adoption, particularly by recipient countries and Special Administrative Regions, of the Convention on the Protection of the Rights of Migrant Workers and Members of Their Families.
"Caste-based discrimination is a distinct form of racial discrimination on the basis of work and descent. Caste-based discrimination dehumanises nearly 240 million people in the Asia-Pacific region, including Dalits in India and Nepal, people born into low caste status in Sri Lanka, Bangladesh and Pakistan and Burakumin in Japan. Untouchability is the most insidious manifestation of caste-based discrimination, and continues to the present day. We assert that Untouchability is a Crime Against Humanity. We are astounded that only one short paragraph - Paragraph 73 of the draft Programme of Action - mentions this immense form of discrimination, and that some countries are supporting the deletion of even this paragraph. We call for the retention and strengthening of Paragraph 73 on work and descent, which is the last hope for millions of low-caste people looking for something positive to come from this conference."
September 7, 2001
Hong Kong
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Asian Human Rights Commission
Unit D, 7 Floor, 16 Argyle Street,
Mongkok Commercial Centre,
Kowloon, Hong Kong SAR
Tel: +(852)-2698-6339
Fax: +(852)-2698-6367
E-mail: ahrchk@ahrchk.org
Web: www.ahrchk.net
Posted on 2001-09-07
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