General Recommendation XXIX on Decent-Based Discrimination
Adopted by the UN Committee on the Elimination of Racial Discrimination (CERD)

On August 8 and 9, 2002, in Geneva, Switzerland, CERD (the UN Committee on the Elimination of Racial Discrimination) held a thematic discussion on the topic of decent-based discrimination as prescribed in Article 1 of the International Convention on the Elimination of Racial Discrimination. In addition to state parties and other UN agencies, the meeting was also attended by representatives of NGOs and affected groups from different parts of the world including Japan, India, Nepal, Senegal, Somalia, Nigeria, Niger and Kenya. Mr. Kumisaka, President of the Buraku Liberation League (BLL), and Mr. Murakami, Associate Professor of Osaka University, joined the discussion to give presentations.

Following the thematic discussion, the CERD, during its 65th session, adopted "General Recommendation XXIX on Decent-Based Discrimination." Some important aspects of the Recommendation are described below:

1. In the leading part of Recommendation, the CERD clearly shows its recognition of descent-based discrimination by stating; "strongly reaffirming that discrimination based on 'decent' includes discrimination against members of communities based on forms of social stratification such as caste and analogous systems of inherited status which nullify or impair their equal enjoyment of human rights."

2. In the leading part of Recommendation, the CERD strongly condemns "descent-based discrimination, such as discrimination on the basis of caste and analogous systems of inherited status, as a violation of the Convention", and recommends the State Parties, "as appropriate for their particular circumstances, to adopt some or all of the measures" to be listed in the text.

3. The CERD listed 48 measures to be taken by the State Parties. Measures are divided into the following sections.

1) MEASURES OF A GENERAL NATURE including legislation, effective implementation of laws, formulation of national strategies, implementation of special measures, creation of statutory mechanisms, education, and periodic surveys on the reality of descent-based discrimination.

2) MULTIPLE DISCRIMINATION AGAINST WOMEN MEMBERS OF DESCENT-BASED COMMUNITIES

3) SEGREGATION

4) DISSEMINATION OF HATE SPEECH INCLUDING THROUGH THE MASS MEDIA AND THE INTERNET

5) ADMINISTRATION OF JUSTICE

6) CIVIL AND POLITICAL RIGHTS

7) ECONOMIC AND SOCIAL RIGHTS

8) RIGHT TO EDUCATION

Through the adoption of the Recommendation, the CERD clearly shows its recognition that discrimination against Buraku people in Japan and Dalit people in India, as well as discrimination based on social status practiced in some African countries, constitutes discrimination based on 'descent' as stipulated in Article 1 of the ICERD, and recommends State Parties to take concrete measures, as are appropriate for their circumstances, to eliminate such discrimination.

The Buraku Liberation and Human Rights Research Institute committed itself to this thematic discussion by submission of a report on discrimination against Buraku people to the CERD and by co-sponsoring the NGOs' joint opening statement.

Texts of orally delivered statements at the thematic discussion by various NGOs are on the website of IDSN (International Dalit Solidarity Network).http://uk.geocities.com/internationaldalitsolidarity/cerd/cerd2002.html