|
Posted 24.7.2001
URGENT ACTION URGENT ACTION URGENT ACTION URGENT
ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
24 July 2001
FA-08-2001 - Memorandum: Include Caste in WCAR!
UN: Caste discrimination is a specific form of racial
discrimination on the basis of work and descent
Dear Friends
Take a minute today or tomorrow to appeal for an end to caste
discrimination!
We are forwarding the following urgent appeal from the National
Campaign for Dalit Human Rights (India). We have been working
with the NCDHR and other groups for the past year to have the
caste issue included in the agenda of next month's World
Conference Against Racism in South Africa. This is the last
opportunity to influence the government document for that
conference. You can read the memorandum from the NCDHR and sign
it online easily by going to the following website:
http://www.ahrchk.net/ua/caste
....or you can read below and follow the instructions for
signing as described by the NCDHR.
Deadline for this action is tomorrow, 25th July 2001, so please
read now.
Thank you for your action.
Urgent Appeals Desk
LETTER FROM NCDHR:
Dear Friends and colleagues,
The Third Preparatory Committee to the WCAR is to be held from
the 30th July to the 10th August 2001 in Geneva and three
activists have been commissioned to attend the same by the NCDHR
- namely, Mr. Paul Divakar, Mr. Aloysius Irudayam and Mr. Henri
Tiphagne.
You have all been aware of the positions the NCDHR has taken from
the time of the First Prep Com and systematically thereafter for
the inclusion of the agenda of caste discrimination in the WCAR.
Inspite of the fact that we had managed to get a small paragraph
into the text on the last date of the Second Inter-sessional
Working Group to the WCAR in Geneva on the 11th May 2001 through
an intervention by Barabados, you are all aware that this para
was found missing in the text that was circulated around for the
Second Preparatory Committee meeting to the WCAR that commenced
on 20th May 2001. Similarly, the small paragraph with reference
to discrimination based on work and descent that was introduced
by Switzerland and present throughout the Second Prep Com in the
draft document has now disappeared in the draft prepared by the
Group of 21 for consideration of the Third and Final Prep Com to
the WCAR when the actual Negotiations would commence.
The Third Prep Com is therefore the only opportunity for the
community of nations gathered to reconsider the question of
discrimination based on work and descent know as caste
discrimination.The NCDHR has therefore decided to attempt to
touch the conscience of this World Community with a statement
signed by eminent persons from throughout the world
The proposal of the NCDHR therefore is as follows.
1. Please do find enclosed a memorandum that is addressed to the
Chair and Member States that are going to be present at the Third
Prep Com to the WCAR in Geneva from 30th July to 10th August
2001.
2. Kindly circulate this memorandum with as much speed as
possible to as many eminent persons from any country who are
known to you, requesting them to read the same and if they are in
agreement with the same and would like to get their name on to
the same, provide me the following .
3.They would have to provide us a consent by email addressed to: NCDHRPC3@YAHOO.COM
stating that they are in agreement that their name and
designation is printed along with this memorandum and that they
do not have any objection to the same being circulated to the
representatives of the Member states in Geneva during the Third
and Final Prep Com to the WCAR.
4. In view of the fact that we do not enough time and the fact
that we could print the memorandum only after we receive your
consent, may we request you to very kindly ensure that this
written consent is provided by return email to the email address
indicated above, so as to reach on or before 25th July 2001.
5. We assure you that the Memorandum that you sign would also
finally be sent to you by email once it is finalised.
Kindly treat this as urgent and disseminate it in any form you
want to as many people as possible, even if it has to be through
any of your urgent appeal programs. But please do not forget that
the purpose is to get as many signatories of eminent persons as
possible from as many countries as possible to reach us before
25th July 2001, so that the printing of the memorandum and its
despatch to Geneva could be facilitated.
Thanking you,
Yours Sincerely,
Martin Macwan (National Convenor - NCDHR)
Paul Divakar (Secretary International Advocacy - NCDHR)
Ruth Manorama (Core Committee Member - NCDHR)
Jyothi Raj (Core Committee Member - NCDHR)
Mimroth (Core Comittee Member - NCDHR)
Vincent J (Core Committee Member - NCDHR)
Pushpa Balmiki (Core Committee Member - NCDHR)
-------------------------------------------------------------
THE MEMORANDUM:
AN URGENT APPEAL FROM EMINENT CITIZENS & HUMAN
RIGHTS DEFENDERS
To
The Most Hon’ble Chairperson & Members
Of the Third Preparatory Committee
To World Conference Against Racism (WCAR)
Dear Sir/ Madam,
The World Conference Against Racism, Racial Discrimination,
Xenophobia and related Intolerance has once again brought a new
ray of hope for the millions from various parts of the world, who
have been subjected to discrimination on grounds of race and
caste that are inhuman, unjust and illegal, and are against the
legal and moral standards set up by specific country
legislations, Regional Human Rights Charters, UN Charter of Human
Rights and the various UN Covenants and Conventions.
Massive Discrimination : In Numbers, Substance and
Time
Dalits are the largest and most significant segment of the
discriminated world population. That 260 million people in South
Asia alone, perhaps more than the population of some of the
European Countries, are systemically and systematically subjected
to continuous discrimination based on descent and work should be
a mind-boggling factor for any human being sensitive to human
rights. Discriminated in multiple forms and in various aspects of
life on grounds of work and descent, they ought to attract global
attention, concern and commitment. That they have been humiliated
by gross violations of their rights for centuries should at least
now, though far belated, awaken world conscience that of peoples
and governments.
Inspite of five decades and more of Constitutional provisions
proclaiming abolition and prohibition of such discrimination
under country specific legislations in South Asian Countries,
there is hardly any change today in their living conditions and
in their right to live a dignified life. A 160 million of
them live in India alone. For them the right to equality
and freedom is still a mirage.
Shocking Developments and Our Deep Concern
In the context of the WCAR, the most shocking fact is that
some nations which support the WCAR do not only deny the
existence of discrimination based on work and descent but also
apply various tactical measures in order to pressurize other
nations to withdraw their statements statements which ask for
recognition of discrimination based on descent and work. This has
been happening in recent weeks and months in spite of the fact
that a good amount of progress has been made by the UN bodies to
recognize and affirm unambiguously the existence of such
discrimination.
The Dalit caucus is deeply concerned about the efforts of such
nations to de recognize discrimination based on work and descent.
This, no doubt, is against the spirit of the WCAR. It is against
the UN Charter in letter and spirit. It is against the conscience
of humanity.
Irrefutable Evidence for Recognizing Discrimination
The following summary is a reflection of the progress enhanced
towards recognition of such discrimination. It not only
underlines the need for continued efforts but also makes it
imperative for the III Prep Com to recognize and affirm
discrimination based on work and descent.
I. India’s Constitutional and International
Commitment: Recognizes & Prohibits
Discrimination, including caste discrimination and
untouchability practices
1. In the Chapter on Fundamental Rights, the Constitution of
India takes a strong position upholding equality and against any
form of discrimination (Art.14) More importantly, it is emphatic
about doing away with caste discrimination (Art. 15 & 16),
and more significantly its unambiguous commitment to abolish the
discriminatory practice of untouchability against the Dalits is
very pronounced (Art. 17).
2. In keeping with its Constitutional mandate India has
ratified ICERD, ICCPR, ICESCR, CEDAW and various ILO Conventions
which contain provisions against discrimination.
3. The Indian position that “Caste Discrimination is not
Racial Discrimination” was clearly responded to by CERD:
“The Committee affirms that the situation of the Scheduled
Castes and Scheduled Tribes falls within the scope of the
Convention (Concluding Observations of CERD : India
17/09/96)
4. India has, in fact, accepted the practice of
discrimination towards Dalits by saying “that a practice
that is so old cannot be eliminated rapidly”.
(CERD/C/304/Add.13, Sept. 17, 1996).
II. UN Treaty Bodies: Recognition of and Pronounced
Position on
Discrimination against Dalits
5. Various UN bodies have verified and affirmed the existence
of discrimination towards Scheduled Castes (that is, Dalits ):
· “The Committee notes with concern that, despite
measures taken by the Government, members of Scheduled Castes . .
. continue to endure severe social discrimination and to suffer
disproportionately from many violations of their rights under the
Covenant, inter alia, inter-caste, violence, bonded labour and
discrimination of all kinds. It regrets that the de facto
perpetuation of the caste system entrenches social differences
and contributes to these violations.” (Concluding
Observations of the Human Rights Committee : India . 04/08/97.
CCPR /C/ 79/Add.81)
· The Committee is concerned with the continuing discrimination,
including violence suffered by women of the Dalit community,
despite the passage of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act of 1989” (Concluding
Observations of the CEDAW: India. 01/02/2000. A/55/38, Para .74)
· “The Committee urges the Government to enforce laws
preventing discrimination against Dalit Women and prohibiting the
‘Devadasi’ system. It urges the Government to introduce
affirmative action programmes in such areas as education,
employment and health so as to provide life chances to Dalit
women and girls and create an environment conducive to their
progress. The Committee calls upon the Government to set a
time-frame for these interventions and provide information on the
progress made in the next report.” (Concluding Observations
of the CEDAW: India 01/02/2000. A /55/38, Para 75).
· “The Committee is concerned with the continuing
discrimination, including violence suffered by women of Dalit
community, despite the passage of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act of 1989” (CEDAW/C/2000/1/CRP.
3/Add.Dt.31.04.2000)
III. National Institutions and Leaders: Confirm
Existence Today of
Discrimination against Dalits.
6. The existence of discrimination towards Dalits has been
recognized by various national bodies in India and by the
National leaders. To quote only a few:
· “It is a matter of great concern and regret
that in our society, its weakest and vulnerable segments continue
to suffer from discrimination, exploitation and atrocities.
Despite provisions for removal of disabilities and discrimination
against the Scheduled Castes . . .provided in the Constitution of
India, incidents of atrocities on members of the Scheduled
Castes. . . continue to be reported from all parts of the country
in varying numbers. ....Data (as per NCRB) indicate
that, even after 50 years of Independence untouchability has not
been abolished as provided in Article 17 of the Constitution and
incidents continue to be reported. . .. In many cases instead of
‘physical’ untouchability, there are instances of
mental and social distancing”. (National Commission for
Scheduled Castes and Scheduled Tribes, Fourth Report, 1996-97
& 1997-98, Vol. I., pp. 231 & 232)
· “The Commission considers it deeply offensive
to human dignity that the degrading practice requiring the manual
handling of night soil is still allowed in our country, 50 years
after Independence. Despite the launching of a
nationwide scheme in March 1992 to free those engaged in such
work, and to rehabilitate them in other occupations,
implementation has remained dismal. (Annual Report of the
National Human Rights Commission (NHRC) quoted in the
Written Statement submitted to the UN Secretary General by the
Commission of the Churches of International Affairs of the World
Council of Churches, dated 21 January 2000)
· “The Dalits are in different stages of socio-economic
development and are engaged in divergent forms of work for their
living. The practice of such traditional unclean
occupations as scavenging, carrying night soil, removing dead
animals, leather work, beating of drums, etc. gave them a low
position in the traditional caste hierarchy and they are viewed
as occupying the lowest rung of the social ladder. The
vast majority of Dalits are landless and work as agricultural
labourers and wage earners to work out their livelihood.
Dependence on upper class land owners for agricultural labour and
perpetual subjugation, force many of the to live as bonded
labourers. . . . The condition of the Dalit women in
particular is deplorable. They are doubly underprivileged, being
women and belonging to a Schedule Caste. They constitute the
major work force doing hard manual labour and engage in
agricultural operations and their exposure to outdoor work and
interaction with cunning employers make them vulnerable to sexual
exploitation. Abject poverty forces Dalit women to become ‘Devadasi’
the prevalent institutionalized prostitution system”. (Mr.
H. Hanumanthappa, Former Chairperson of the National Commission
for Scheduled Castes and Scheduled Tribes, quoted in the
written Statement submitted to the UN Secretary General by the
Commissioner of the Churches, on International Affairs of the
World Council of Churches, dated 21 January 2000)
· “Untouchability has been abolished by the law
but the shades of it remain in the ingrained attitude nurtured by
the caste system. Though the provisions of reservation
in educational institutions and public services flow from our
constitution these provisions remain unfulfilled through
bureaucratic and administrative deformation or by narrow
interpretations of these special provisions. . . It is
forgotten that these benefits are provided not in a way of
charity but as human rights.
An Urgent Appeal
10. We, the undersigned, Eminent Citizens and Human Rights
Defenders, therefore, urge the Chair and Members of the 3rd
Preparatory Conference to the WCAR to reinsert the following
language into the Draft Declaration and Programme of Action as a
separate section under Chapter X: Disadvantaged Groups General/
Vulnerable Groups.
X. bis Discrimination on the Basis of Work and Descent
“New 130 bis: The World Conference affirms that
discrimination on the basis of work and descent involves a
complex and deeply entrenched obstacle to the realization of the
civil, cultural, economic, political and social rights of members
of the affected communities, and that while most closely
associated with caste systems in South Asia, this type of
discrimination is encountered in other parts of the world as well”
The World Conference therefore:
(a) Calls upon the Office of the United Nations High
Commissioner for Human Rights to undertake an in-depth study of
the question of discrimination on the basis of work and descent
in cooperation with the Committee for the Elimination of Racial
Discrimination;
(b) Encourages Governments concerned to undertake public
awareness raising and educational initiatives in order to promote
positive changes in attitude towards and within communities
discriminated against on the basis of work and descent;” (Barbados
as on 11.05.01)
“ New 109: To ensure that all necessary constitutional,
legislative and administrative measures, including appropriate
form 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 States authorities
at all levels;” (Switzerland: 1.06.01)
* * * * * * * * * * * * *
N.B. You can sign this Memorandum on-line at:
http://www.ahrchk.net/ua/caste
Posted on 2001-07-24
|
