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Caste Discrimination against India's “Untouchables” - Human Rights ...

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<strong>Human</strong> <strong>Rights</strong> Watch and the CHRGJ respectfully request that the following issues be raised<br />

in the List of Issues addressed to the State Party and in the State Party examination.<br />

Article 1<br />

In response to the Committee’s request that the Government of India submit information on<br />

issues pertaining to Scheduled <strong>Caste</strong>s and Scheduled Tribes, India’s periodic report states<br />

that “‘caste’ cannot be equated with ‘race’ or covered under ‘descent’ under Article 1 of the<br />

Convention.” India’s position directly contradicts the Committee’s interpretation of Article 1<br />

in General Recommendation XXIX that “discrimination based on ‘descent’ includes<br />

discrimination <strong>against</strong> members of communities based on forms of social stratification such<br />

as caste and analogous systems of inherited status.” However, we welcome Prime Minister<br />

Singh’s comment on December 27, 2006 that:<br />

Dalits have faced a unique discrimination in our society that is fundamentally<br />

different from the problems of minority groups in general. The only parallel to the<br />

practice of ‘untouchability’ was Apartheid in South Africa. Untouchability is not just<br />

social discrimination. It is a blot on humanity.<br />

We hope that this statement will prompt appropriate reforms in government policies.<br />

On the basis of this information, we respectfully request that the following issues be raised<br />

with the State Party:<br />

• Elaborate upon the basis for India’s position that descent-based discrimination does<br />

not encompass caste discrimination, including why India has not brought its<br />

definition of descent-based discrimination in line with the Committee’s General<br />

Recommendation XXIX.<br />

• Elaborate on measures taken pursuant to General Recommendation XXIX, and<br />

monitor and report on such measures.<br />

• Provide data, disaggregated inter alia, by caste and gender on the enjoyment of<br />

Convention rights.<br />

3

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