Statement by India on Agenda Item 3 (f): Global call for the total elimination of racism and the Durban Declaration and Programme of Action during the 24th session of the Human Rights Council Advisory Committee (17-21 February 2020) delivered by Mr. S. Senthil Kumar, First Secretary, Permanent Mission of India (Geneva, 18 February 2020)

Thank you Mr President.

India welcomes the comprehensive Report prepared by the Rapporteur on the theme of taking concrete action for eliminating racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow up to the Durban Declaration and programme of action.

2. Para 39 of Section V of the Report on limitation of the measures to combat racial discrimination recognises the diversity of meanings of the notion of ‘race’ and various differences in its interpretation. In defining race, the Report refers to 2006 UN Report which lists commonly used criteria including ‘caste’. This goes against India’s stated position that ‘race’ cannot be equated with ‘caste’.

3. The ‘racial discrimination’ defined under Article 1 of International Convention on the Elimination of Racial Discrimination based on the grounds of “race, colour, descent, or national or ethnic origin…” is the most authoritative definition and there is no reference to ‘caste’.

4. Caste, being an institution unique to India, has not been contemplated during the deliberations of CERD. There was nothing in the travaux preparatoires of the Convention to support the suggestion that ‘descent’ include caste as an aspect of racial discrimination. The 2001 DDPA also does not refer to caste based discrimination.

5. Indian Constitution prohibits caste-based discrimination. Government of India addresses it as a social problem to be tackled on an on-going basis with vigour and determination in the realization that centuries old practices and mind sets cannot disappear quickly.

6. For the above reasons, we would like the para. 39 reference on 2006 UN Report and the criteria including ‘caste’ may be deleted.

I thank you Mr Chair.