In Preparation for the World Conference Against Racism

ASIA-PACIFIC EXPERTS' SEMINAR

Bangkok, 5-7 September 2000

PURSUING THE DALIT ISSUE

AHRC informed you before this meeting that there was no possibility of raising this issue at the meeting. As a result of this notice, many hundreds of persons wrote to the office of the High Commissioner for Human Rights (HCHR) expressing concern over this situation. A petition signed over the Internet by nearly 400 persons and organizations were also sent to the High Commissioner. Finally, AHRC request at least two hours of time to be allocated for raising issues other than under the theme, Migration and Trafficking.

When we arrived at the meeting on the 5th September, 2000, AHRC delegates met the Deputy High Commissioner for Human Rights and handed over a copy of the letter and petition sent to the High Commissioner. He said that he was aware of the matter and that the discussion at the meeting will not be limited to the theme and that other issues relevant to the World Conference can be raised. At the opening of the meeting, Deputy High Commissioner stated this position to the forum.

During discussion on the very first experts' paper, AHRC raised the issue of Dalits forcibly. Immediately, the government delegate for India, replied saying that the issue of Dalits was neither relevant to the Expert Meeting or to the World Conference as caste is not an issue of race. This debate between AHRC and the Indian delegate was reported in the Nation on the 6th September 2000 (see Appendix 1).

To the surprise of NGOs present, one Indian "NGO", delegate also objected to the reference to Dalit issue stating that it was not relevant to the theme under discussion. Things became little clearer when NGOs met in the evening, with the view of making an NGO statement. Four persons from India claiming to represent two organizations (Institute for Non-Align Studies and Indian Education Council) were making every attempt to get the Dalit issue out of NGO agenda. Two of these persons were later identified as persons who attended the Prep-Com Meeting in Geneva in May 2000 and requested for deletion of the mention of Dalits or caste from the text of the meeting. At Prep-Com these persons were successful in their destructive activities. However, they were challenged early during Bangkok Experts' Meeting and the NGOs excluded them thereafter. On further attempts by AHRC to raise the Dalit and other issues the Chairman of the Bangkok experts' Seminar, Justice P. N. Bhagwati ruled that time for this will be allocated at the end of the meeting.

On the third day (6 September 2000), an excellent presentation was made by Mr. R. V. Pillai, a member of the Committee for Elimination of Racism and Discrimination (CERD). He referred to discrimination on the basis of work and descent. On further questions by AHRC, he stated that CERD has decided the issue of caste on this basis, in relation to country reports to CERD from both of India and Nepal. AHRC argued that CERD findings must be treated as final.

On the 6th and 7th of September, several speakers, particularly from NGOs referred to caste as a form of discrimination that need to be addressed and eliminated. At least a few experts too raised the issue. Nineteen NGOs supported by 3 other organizations submitted a statement listing many forms of discrimination including the caste discrimination (see Appendix 2). These NGOs took a very strong position against caste and the need for it been discussed at the World Conference.

After the discussions on experts' papers were over, the chairman permitted other issues to be raised. AHRC referred to several issues, such as indigenous peoples, the ethnic minorities, and refugees. The objections to the raising of caste were replied to by AHRC. AHRC stated that the founders of modern India, such as Swami Vivekananda, the best known Hindu religious leader and Mahatma Gandhi has condemned caste practices in strongest terms. The Indian Constitution has made some provisions to eradicate caste and laws such as Prevention of Atrocities on Untouchables have been passed. However, none of these have proved in any way capable of making a significant contribution to eradication of this evil social practice. Dalits remained still the wretched of the earth and dregs of humanity. Caste discrimination violate even the basic provisions of Universal Declaration on Human Rights and all other UN instruments in that it violate the equality of the peoples and denied peoples' dignity. Caste created graded inequality. The government and civil society organizations needed to dialogue and cooperate in eliminating this entrenched from of discrimination, instead of quarrelling over it. UN Conventions needed to be interpreted broadly to find ways to eradicate this and not narrowly to eliminate any discussion. Spirit of humanity needed to prevail.

Justice Bhagwati, chairman of the Seminar, in reply stated that CERD has put the matter to rest by holding that caste is discrimination on the basis of work and descent.

The Indian Delegate did not seek the floor. (In fact, he spoke amicably to AHRC at the end of the session.)

The draft recommendations of the Seminar made reference to caste at several places. We do not yet have the final document.

During this Seminar literature including posters on Dalit issue was distributed. The badge, which was made for this occasion, was worn by several persons and was part of the colorful aspect of this meeting. (An article appeared in The Nation (Thailand's leading English daily) on Dalit issue on Sunday the 10th September 2000 (see Appendix 3).

NGO cooperation during this meeting was remarkable. While it was an opportunity for many NGOs themselves to generate awareness on the issue the support and solidarity of NGOs for Dalit issue was expressed strongly.

AHRC OBSERVATIONS

1. We believe that the all preparatory meetings for World Conference provide a tremendous opportunity to popularize the Dalit issue and made a global discussion on this issue;

2. We, however, note that Dalit groups and support groups are not making a sufficient effort to use this opportunity. A rare opportunity to bring this issue to world focus should not be missed. Much benefit can come to Dalits by proper use of this opportunity;

3. Many people outside India find it hard to understand the nature of caste discrimination and the depth of suffering caused by it. They only have a general idea of "a very thing". There need to be greater education of people from various parts of the world on this issue. This is a very essential part of causing a global debate on the issue;

4. Symbols such as posters, badges, prayer meetings, songs and every form of creative activity should also be used;

5. We call upon all to make a more concerted effort to prepare for the Regional Prep-Com Meeting at Tehran, by taking a very proactive approach from now on to get the Dalit issue better known, better discussed, so that it cannot be put under the carpet, undermined or given a only passing reference.

6. Your views and suggestions are welcome.