Descent-based discrimination goes beyond South Asia. The UN Committee that monitors the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) notes in General Recommendation XXIX that the word ‘descent’ includes all forms of social, economic and political discrimination based on caste and similar heritage systems (2002) and we will also cover caste around the world.
What is descent-based discrimination?
Caste discrimination is referred to by the UN as ‘discrimination based on work and descent’ (International Dalit Solidarity Network, ‘Discrimination Based on Work and Descent’). Distinctions based on inherited status include the family, community and ancestry of an individual, as well as that person’s inherited occupation, name and place of birth (International Dalit Solidarity Network, citing UN principles and guidelines). The 2002 recommendation calls on states to consider adopting a legal prohibition of such discrimination (CERD, General Recommendation XXIX).
We cover how different countries have embraced this in our report on caste laws around the world. Our plain definition of casteism explains the term. The Indian case can be found in our explanation of how the ranking works.
Cases around the world
| Group | Country | Inherited status | Law | Status of enforcement |
|---|---|---|---|---|
| Dalits | India, Nepal | Caste, untouchability | Article 17; Nepal’s 2011 Act | Persistence reported |
| Burakumin | Japan | Edo-period outcast status | 1871 abolition; 2016 Act | Persistence reported |
| Osu | Nigeria | Descent from persons dedicated to deities; outcast among the Igbo | Eastern Nigeria abolition law (1950s) | Persistence reported |
| Haratin | Mauritania | Descent from enslaved people | Abolished 1981; criminalised 2007 and 2015 | Persistence reported |
| Roma | Europe | Ethnic origin, not caste | Anti-discrimination law | Discrimination reported |
The table summarizes cases below. The Roma case differs in nature from the others and is explained in the section on Europe.
Burakumin in Japan
The Burakumin are the descendants of the outcast groups of the Edo period, and their status was officially abolished in 1871. Discrimination is reported in areas including marriage and employment. The 2016 law does not provide for sanctions and has been criticized. More on this is in our Burakumin post.
Osu caste system in Nigeria
Among the Igbo people of eastern Nigeria, the Osu are considered outcasts. The status is inherited, and researchers say it is a type of caste, although it is not the same as Indian caste (Current treatment of Osu; researchgate.net). Reports say Osu are made to live apart, and that some restrictions have been placed on marriage and community titles (Leo Igwe, “The Osu Caste System”).
Eastern Nigeria is said to have outlawed it in 1956 (or 1958), but the UN Committee stated the practice still existed (CERD, 2007, as quoted in the UN Committee’s report). The Committee noted that the law, legal abolition of work and descent based discrimination, but was still worried about the practice (CERD, 2007). More than six decades after the law, it was reported that the practice still persisted in many Igbo Communities (Daily Trust).
It was reported that several traditional rulers and communities have also declared the system defunct, including the 2018 declaration by the Eze Nri (Daily Trust). Some Nigerian writers also reported that the practice has largely ceased (Vanguard, “Osu caste system: A dead myth or a reality?”). The other sources suggest that it still exists, but not to what extent.
Haratin in Mauritania
People of Haratin descent in Mauritania are said to be the descendants of enslaved people (Minority Rights Group International, “Haratines in Mauritania”). It is said that Mauritania first criminalized slavery in 2007 and also did away with the decree in 1981 (Global Human Rights Defence, “Free by Law, Enslaved by Birth”). Slavery was also codified as a crime against humanity in the Mauritanian Constitution, 2012 (Minority Rights Group, “Mauritania under review”). The 2015 law replacing the 2007 law, fixed a prison term from 10-20 years and eliminated the statute of limitations for such cases (Minority Rights Group, “Haratines in Mauritania”).
Enforcement is the problem. Though the 2015 law provided hope, Minority Rights Group International (2017) states the courts rarely apply it, and sentences are lenient. Minority Rights Group International states Haratines, whether slave or free, experience discrimination across Mauritanian society (Minority Rights Group International, 2017). The UN Committee has stated that the ban on descent-based discrimination, including caste-like systems of inherited status, is a part of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD, 2002, as summarized by Global Human Rights Defence). In 2015, a UN Special Rapporteur stated, along with enacting laws, the focus should be on effective implementation and strict enforcement (Global Human Rights Defence).
Roma of Europe
As for the Roma, racism is the prevalent form of discrimination. This is largely referred to as antigypsyism. However, the United Nations (2000) racial discrimination committee published a landmark report on the Roma, which is why they are also included in this study (European Roma Rights Centre, 2000).
Discrimination against the Roma based on their origin is widespread, and is documented by the European Union Agency for Fundamental Rights (2020) survey. It is estimated that 10 to 12% of the total population of Europe is of Roma origin (Fundamental Rights Agency, 2020). The European Union (2020) has set a goal of 13% or less discrimination against the Roma by 2030. Please see the log for how I handled the Roma comparison.
What these cases share in common
All share the same pattern: a legal ban was followed by persistence. In India, untouchability was legally abolished in 1950. In Japan, the legal ban on outcasts was enacted in 1871. Eastern Nigeria passed a series of laws to abolish slavery in the 1950s. Finally, Mauritania passed an anti-slavery law in 1981, with subsequent amendments to the law in 2007 and 2015. In all these cases, the major shortcoming is the failure to enforce the laws. Our case study on bonded labor shows how debt and descent combine in India.
Importance in the West
The word “descent” in the UN convention has the potential to link caste to race/ethnicity laws in the West. In the UK, for example, caste claims have been made using the “ethnic origins” provision. Our case study on Caste Discrimination in the UK, provides further information. Our other case studies on Dalits, and Caste in the Americas provide information on the South Asian diaspora. (The Ambedkarite Educational Program (AEP) was founded to teach blogging, AI and email marketing, which have become essential skills for community self-documentation and advocacy).
Conclusion
Discrimination based on descent means unfair treatment based on ancestry or inherited status, and the UN states it includes caste and similar systems. Outside India it exists in Japan (Burakumin), Nigeria (Osu) and Mauritania (Haratin) where laws exist, but are not enforced. The Roma experience racial and ethnic discrimination in Europe which is similar but different. The persistence of these systems shows that a legal ban does not eliminate the practice.
Frequently Asked Questions
What is descent based discrimination?
It is discrimination based on a person’s ancestry or inherited status, such as caste. The UN racial discrimination committee says the treaty’s word “descent” covers caste and similar systems.
Does caste exist outside India?
Caste-like systems exist in other countries. Examples include the Burakumin in Japan, the Osu among the Igbo in Nigeria, and the Haratin in Mauritania. Each has its own history and differs from Indian caste.
What is the Osu caste system?
The Osu are treated as outcasts among the Igbo people of eastern Nigeria, and the status is inherited. Eastern Nigeria passed an abolition law in the 1950s, but reports say the practice has persisted in some communities.
Who are the Haratin?
They are descendants of enslaved people in Mauritania. Slavery was abolished in 1981 and criminalised in 2007 and 2015, but Minority Rights Group says enforcement is weak and discrimination continues.
Are the Roma a caste?
No. The Roma are an ethnic group, and their discrimination is generally treated as racial or ethnic discrimination. They appear in discussions of descent because the UN adopted a general recommendation on Roma in 2000.
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SOURCES
- CERD General Recommendation XXIX, University of Minnesota Human Rights Library, 2002
- International Dalit Solidarity Network, “Discrimination Based on Work and Descent”
- Minority Rights Group International, “Haratines in Mauritania”
- Minority Rights Group International, “Mauritania under review”
- Global Human Rights Defence, “Free by Law, Enslaved by Birth”
- U.S. Department of Justice (EOIR), “Current treatment of Osu caste by the Igbo tribe”
- Daily Trust, “Osu: Inside lives of South-East underdogs”
- Vanguard, “Osu caste system: A dead myth or a reality?”
- Leo Igwe, “The Osu Caste System”
- ResearchGate, “Osu caste system and human rights in Igboland, 1900-2017”
- European Roma Rights Centre, “UN Race Discrimination Committee… general recommendation on Roma,” 2000
- EU Agency for Fundamental Rights, Roma Survey 2024
- EU Agency for Fundamental Rights, Roma Survey 2021 findings
- Minority Rights Group International, “Burakumin (Buraku people) in Japan”
- EBSCO Research Starters, “Burakumin”
