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The 58th (last) Session of the UN Sub-Commission on the Promotion and Protection of Human Rights (7-25 August 2006)

Agenda Item 5: Prevention of Discrimination
Discrimination based on Work and Descent.

Joint Oral Statement by:
Pax Romana ICMICA-MIIC, Franciscans International,
International Federation of Rural Adult Catholic Movements (FIRMAC),
Int'l Movement against All Forms of Discrimination and Racism (IMADR),
and Lutheran World Federation (LWF)

Delivered by Ms. Gayoon Baek

18 August 2006
Mr. Chairperson/Mme. Chairperson,

1. This is a joint statement by Pax Romana, Franciscans International, FIRMARC, IMADR and the Lutheran World Federation. We would like to welcome the progress report of Mr. Yozo Yokota and Ms. Chin-sung Chung, Special Rapporteurs on the topic of discrimination based on work and descent (A/HRC/Sub.1/58/CRP.2). The report clearly substantiates what the UN High Commissioner for Human Rights stated in her Plan of Action that "Discrimination is shorthand and certainly an inadequate means of describing the vast range of inequalities and indignities that are suffered by persons who are seen as less able and less deserving by those wielding power, by reason of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth of other status."

2. The progress report by Special Rapporteurs clearly establishes the magnitude and scale of the discrimination based on work and descent, as well as its overwhelming prevalence in a number of countries in the African and Asian regions, as well as in the Diaspora communities around the world. (para 7(c)). The report, on the basis of the information received, has identified the types of discriminatory practices (Chapter III. B), thereby establishing the need for priority attention to be given towards elimination of such practices. This coincides with the foundational core mandate of the Sub-Commission and should be pursued vigorously under the "expert advice" envisaged by the Human Rights Council (GA Resolution A/60/251).

3. Mr. Chairperson, currently the experts of the Committee on Elimination of Racial Discrimination (CERD) at the present 69th session, while considering the fifteenth and sixteenth periodic reports of Yemen, have raised a number of questions concerning the Al-Akhdam minority who face severe forms of discrimination based on descent. The experts pointed out that the State Party might be failing to realize the extent to which descent played in the marginalization of groups within their territory, and in particular with regard to the Al-Akhdam community. The official State report including its core-document do not mention specifically about the discrimination based on descent and work faced by the Al-Akhdam community. In its concluding observations, the Committee stated that "it is deeply concerned at the persistent reports of de facto discrimination against descent-based, culturally distinct communities, among others, the Al-Akhdam." The Committee continues to point out that "it is particularly concerned about discrimination that interferes with or impairs the enjoyment of their economic, social and cultural rights." (CERD/C/YEM/CO/16, 18 August 2006)

4. The progress report by Special Rapporteurs refers to the plight of this community as well in its foot-notes 1, 2, 9, 12, 15 and 18. "In Yemen, the Al-Akhdam in a socially condemned group engaged in disposal of human waste and is hardly registered and treated as non-citizens." This striking convergence of the various human rights mechanisms as well as by the ILO towards eliminating the persistent discrimination based on work and descent faced by those affected communities reinforces substantially the pivotal role of the Sub-Commission's initiative and its continued consideration. Hence, the completion of the study and the finalization of the draft set of principles and guidelines are indispensable.

5. While we urge the Special Rapporteurs to pursue their work with the full support of the Sub-Commission, the OHCHR and all concerned parties, we would like to point out to the ever-growing challenges faced by affected communities in their struggle towards full enjoyment of all rights. Despite the specific measures of some States, including legislation towards eliminating this form of discrimination, a major obstacle arises from the non-State actors, particularly those communities at higher levels of social-cultural hierarchies in their respective societies. Mr. Goonesekere did raise the issue of atrocities committed by such groups, and pointed out "the inability of the police and courts to deal with their crimes." (Para. 26, E/CN.4/Sub.2/2001/16). Last year, the Sub-Commission did endorse the continuation of a study on human rights and non-State actors. It would be helpful to respond to this challenge in the final report, which would be submitting an updated version of the draft set of principles and guidelines. Particularly, the draft guidelines should address State responsibility and accountability in combating discrimination based on work and descent.

6. In conclusion, we would like to underscore the following recommendations to the Sub-Commission taking into the recommendations listed under Chapter V of the report.

(i) The Special Rapporteurs to continue and complete their study on discrimination based on work and descent and to update and to finalize the draft set of principles and guidelines and to follow both its structural and standard-setting continuity;
(ii) The approval to conduct the regional workshops, one in Asia and one in Africa so that the Special Rapporteurs and the representatives of the affected communities could interactively towards achieving the desired outcomes;
(iii) The approval of a consultation meeting in Geneva during the second quarter of 2007 in order to receive the views of Governments, UN bodies and agencies, NGOs and representatives of affected communities in drafting the final text and guidelines on discrimination based on work and descent;
(iv) In realizing all these initiatives, the role of the UN High Commissioner for Human Rights is vital.