UN Special Procedures
The issue of caste discrimination is increasingly addressed by the UN Special Procedures, which is a human rights monitoring mechanism under the Human Rights Council that examines the human rights situation of particular issues and country situations. While demonstrating the alarming number of cases related to this issue in affected countries, it is also an illustration of the growing recognition of this international human rights issue and of the cross-cutting nature of this problem.
The following document provides an overview of how caste-based discrimination has been addressed in annual reports, mission reports and communications prepared by relevant UN Special Rapporteurs (updated November 2009):
> See all references to caste-based discrimination by UN Special Procedures (2005-2010)
IDSN appeal to UN Special Procedures mandate holders
On the occasion of the 17th Annual Meeting of the UN Special Procedures mandate holders (28 June-2 July 2010), IDSN launched an appeal. It contained a number of recommendations to relevant Special Rapporteurs, including a call to support the draft UN Principles and Guidelines to eliminate caste discrimination.
Submitting a complaint to the UN Special Procedures
If a human rights violation has occurred, is ongoing, or has a high risk of occurring, a complaint can be submitted to most Special Procedures about the alleged violation. With this information the mandate holders are able to intervene directly with Governments on specific allegations of violations of human rights that come within their mandates in the form of letters of allegation or urgent appeals. The submission of cases to UN Special Procedures may also lead to a thematic study on a particular subject, such as caste discrimination, Dalit women, torture, manual scavenging, etc.
> Read about the procedures and criteria for submitting a complaint to the UN Special Procedures
Country visits
The UN Special Procedures can make requests for country visits to countries of particular concern. Mandate holders carry out country visits to investigate the situation of human rights at the national level. After their visits, special procedures' mandate-holders issue a mission report containing their findings and recommendations. Unfortunately some countries choose not to acknowledge the requests. Countries may also extend invitations voluntarily.
Relevant thematic UN mandates
The following mandates are particularly relevant in the context of caste discrimination (with links to official websites):
- Special Rapporteur on contemporary forms of racism
- Special Rapporteur on violence against women
- Special Rapporteur on contemporary forms of slavery
- Independent Expert on Minority Issues
- Special Rapporteur on adequate housing
- Special Rapporteur on the situation of human rights defenders
- Special Rapporteur on the right to food
- Special Rapporteur on the right to education
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation
- Special Rapporteur on freedom of religion or belief
UN Special Rapporteur on contemporary forms of racism
The UN Special Rapporteur on contemporary forms of racism has been particularly committed to addressing caste discrimination as a contemporary form of racism. Both the former mandate holder, Mr. Doudou Diène, and the current special rapporteur, Mr. Gitui Muigai have affirmed that caste discrimination is implicit in this mandate. In 2008, Mr. Diène stated in a report to the Human Rights Council (A/HRC/7/19) that:
Despite the objection of some member States, the main human rights bodies working in the areas of racism and discrimination have clearly stated that prohibition of this type of discrimination [on the grounds of caste] falls within the scope of existing instruments, in particular the International Convention on the Elimination of Alls Forms of Racial Discrimination.
During the Durban Review Conference, Mr. Muigai reiterated this position and called for enhanced implementation and robust action by affected governments in order to advance in the fight against this form of discrimination in a statement on 21 April 2009.
In an Interim Report (A/64/271) to the UN General Assembly in 2009, the Special Rapporteur made the following references to descent-based discrimination as a thematic issue addressed through his participation at a Durban Review Conference side event on "Communities Empowered to Resist Discrimination and Exclusion" organised by IMADR and LWF in Geneva on 21 April 2009. At this event, Mr. Muigai made an address on descent-based discrimination in the context of the Durban Review Conference.
