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Point of View - 2004-02-06

Contents
  • DYNAMIC ACTION GROUP

    and more...
  •  
    Ground-swell of International Support for Dalits
    5-9-01, Asian Human Rights Commission

    In an overwhelming display of support, international human rights leaders and governments attending the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) have publicly declared their support for the inclusion of discrimination affecting Dalits.

    The United Nations Secretary General Kofi Annan and the High Comissioner for Human Rights, Mary Robinson were among the first to assert the right of the Dalit community to demand that the discrimination they face on the basis of work and descent be addressed at the WCAR during the NGO Forum held at the Kingsmead Cricket Stadium in Durban, South Africa.

    The human rights leaders were quickly joined by government representatives from Netherlands, Cuba, Canada, Brazil, Namibia, the Holy See, Latvia, Chile, Argentina, Norway and Syria. Even the Parliamentary Secretary for Foreign Affairs of Japan and the Ambassador for Nepal have declared in the plenary that caste discrimination on the basis of work and descent remains a serious problem in their countries.

    Amidst this explosion of support for those suffering caste-based discrimination, the Indian government became increasingly isolated in its hard-line stance against the inclusion of this form of discrimination. Only the People's Republic of China were prepared to declare that this form of discrimination should not be discussed at the WCAR.

    India's stance now conflicts even with its own National Human Rights Commission, who have issued a statement at the WCAR arguing that "this Conference provides a singular opportunity to the international community to deal openly and courageously with the vexed issues of discrimination and inequality as they exist all over the world, in all of their variety, including the forms of discrimination that persist in India."

    They continued, "the Commission has thus accorded the highest priority to ending discrimination against Scheduled Castes and Scheduled Tribes and in seeking to eradicate, in particular, two pernicious practices which largely affect members of these communities: these relate to manual scavenging and bonded labour."

    The chair of the working group on the draft Programme of Action has decided to put Paragraph 73 in brackets, despite a point-of-order protest on this ruling. The chair also decided to leave India in charge of negotiations on the paragraph. India has a monopoly on the discussion and consequences of the paragraph, given by the chair. This goes against common procedure that an interested party should not be in charge of consultations on the paragraph.

    The countries that have spoken in favour of the paragraph are not willing to negotiate on a paragraph that has already been reduced to the bare minimum – four lines as an action plan for an extreme form of discrimination affecting 250 million people!

    The countries that have spoken up have been pressured into a conspiracy of silence, such that they are not prepared to take a lead on calling for transparent processes on this paragraph. Inducements may have included a trade-off on the 'reparation' issue for the developed nations. The government of India appears to be appeasing both sides of the vexed Palestine/Zionism issue. Few smaller nations are willing to stand up to the diplomatic might of India, and can no doubt be bought off quite easily. But the withdrawal of Swiss support raised many eyebrows and got a lot of people wondering what kind of deal the BJP government had arranged – especially in the light of the 'tehelka.com' corruption exposé.

    The Draft Declaration working group has been requested to include caste discrimination and discrimination on the basis of descent and work, but the working group has decided to make a generic list. This means that Paragraph 73 is the only paragraph remaining that mentions discrimination on the basis of work and descent, ie. Caste discrimination.

    Original Para 73. 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;

    Posted on 2001-09-20
     
    World Conference Against Racism @ Asian Legal Recources Centre
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