Towards an Informal Working Group on the the Rights of Communities Discriminated on Work and Descent

Statement by the Global Forum of Communities Discriminated on Work and Descent (GFoD)

HLPF 2024, United Nations, New York

Speaking at the HLPF 2024 side event titled “Good Practices and Challenges in the 2030 Agenda – Showcasing ongoing inclusive strategies of Communities Discriminated on Work and Descent,” Ambassadors and Permanent Representatives from Canada, Spain, Colombia, North Macedonia, Nepal, Sri Lanka as well as a representative from UN Women acknowledged the importance of addressing Discrimination based on Work and Descent (DWD) as critical towards achieving the 2030 Agenda for Sustainable Development.

The list of dignitaries include Permanent Representative of Canada to the United Nations, H.E Ambassador Bob Rae, Permanent Representative of Sri Lanka to the United Nations, H.E Ambassador Mohan Pieris, Permanent Representative of the Republic of North Macedonia, Ambassador H.E. Mr. Ljubomir Danailov Frchkoski, Anita Paudel, Program Director, National Planning Commission, Nepal, Paula Fernandez-Wuff, Director General for the 2030 Agenda, Ministry of Social Rights, Spain, Gustavo Bolivar, General Director of Social Prosperity, Colombia, Marie-Elena John, Racial Justice Lead, UN Women.

Numbering close to 270 million people across the globe, Communities Discriminated on Work and Descent (CDWD) are known by many names depending on where they live and the languages they speak. They are the Dalits and Burakumin in Asia, the “slave caste”, Osu, Haratin and others in Africa, the Quilombola and Pelanque in Latin America, and Roma in Europe to name a few.

Discrimination based on Work and Descent or DWD is any distinction exclusion, restriction, or preference based on inherited status such as caste, including present or ancestral occupation, family, community or social origin, name, birth place, place of residence, dialect and accent that has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life. This type of discrimination is typically associated with the notion of purity and pollution and practices of untouchability, and is deeply rooted in societies and cultures where this discrimination is practised.

At the event, representatives from the UN member states endorsed working collaboratively by coming together as an informal working group – a critical step on the journey towards a UN resolution. Leading the expressions of support for this approach, H.E Robert Rae, Ambassador & Permanent Representative of Canada to the UN said, “I can assure you that we will continue to talk about these issues and figure out how we can create this informal discussion at the UN in New York. I know there are some discussions about it in Geneva but it is something we need to talk about more and more”.

In his opening remarks, H.E. Mr. Ljubomir Danailov Frchkoski, Permanent Representative of the Republic of North Macedonia to the UN, outlined several good practices and reform measures that, if adopted and implemented at the national and regional level can go some way in meeting SDGs for CDWD. He said, “there are no excuses for countries not to adapt good practices on the ground [in spite of their different legal and political systems] which can fulfil the transition period from the status quo to the real deep law reform which we are all waiting for… but in this transition period, effective improvement of this situation can be done..and there is no excuse to skip”.

Ms Anita Paudel also highlighted cases of good practice implemented by the Government of Nepal in relation to Dalits such as the constitutional provisions prohibiting untouchability and discrimination on the grounds of caste; as well as affirmative action policies for the upliftment of Dalits.

Ms Paula Fernandez-Wuff outlined specific measures taken by Spain to address anti-Roma sentiment including through strong legislation in the criminal code, a national Roma integration strategy that focuses on eradicating poverty and promoting social inclusion of the Roma, in particular in the areas of education, employment, health and housing and, to acknowledge the historical debt and repair the harm done to the Roma community in Spain, the appointment of a commission of memory and reconciliation. Mr. Gustavo Bolívar, emphasised education and the integration of a gender perspective into government programs to address social castes. The first step to end discrimination is education”, he said.

Notwithstanding the adoption of good practice measures at the national level for specific communities, the side event panellists underscored the need for deeper long term reform to address the structural issues faced by CDWD as a whole. This includes the establishment of group-specific norms in international human rights frameworks. Queen Bisseng, Africa Coordinator, GFoD, stated, ‘What we are asking for is a UN Resolution on the Rights of Communities Discriminated on Work and Descent’.

Current international human rights frameworks do not address the unique and specific types of discrimination experienced by CDWD. Stakeholder groups and civil society have been advocating for group specific norms for CDWD at the global level which can recognise the commonality of discrimination they face, address their unique challenges and guarantee the protection of their human rights. Group specific norms can set best practice standards for implementation at the global and national level for their civil, economic, cultural and political participation. It also ensures a human rights based approach to their socio-economic inclusion including the achievement of the 2030 Agenda to leave no one behind.

Marie-Elena John, UN Women lauded the efforts and aspirations of CDWD to unite and recognize the commonalities and the universality of the extreme levels of discrimination they face, despite being separated by geography, language and culture., ‘What unites them is the recognition that their strength will come from their global unity; hence their focus and recognition of the role of the UN in their quest to be recognized collectively’.

Paul Divakar, Convenor, (GFoD) called for recognition beyond just discrimination and the need to acknowledge the contribution of CDWD in global development. He said, ‘We are spread across the world, but what we are doing today is reuniting ourselves to say, we will not allow this form of discrimination to continue. This is a creative challenge and an opportunity that we are demanding from the global community, to recognise that we are no lesser human beings; we too have contributed to making this world what it is today in terms of development in all its forms.

Whilst the terms and reference of the informal working group and membership is being further considered by state parties, it is anticipated that a key objective of the informal working group will be to explore the scope and rationale for the establishment of a UN Declaration on the Rights of CDWD.

In closing H.E Mohan Pieris Ambassador of the Permanent Mission of Sri Lanka to the UN endorsed the need for an informal working group and stressed the importance of moving from rhetoric to practise: ‘The need for a resolution, the need for a declaration, a need for an open ended working group.. is the need of the hour. Because it is only then… if we actively, proactively, address these issues, that we can probably come back next year and say things are a little better.

GFoD acknowledges all parties for their endorsement and calls upon other UN member states to join the informal working group to advance the rights of CDWD.