Projects
Caste Discrimination
The Center has consistently worked to widen the human rights movements anti-discrimination agenda to move beyond the race paradigm to also look at discrimination based on caste, religion, ethnicity, gender, sexuality, immigration status, as well as race.
In much of Asia and parts of Africa, caste is the basis for the definition and exclusion of distinct population groups by reason of their descent. Over 250 million people worldwide continue to suffer under what is often a hidden apartheid of segregation, modern-day slavery, and other extreme forms of discrimination, exploitation, and violence. Caste imposes enormous obstacles to their full attainment of civil, political, economic, social, and cultural rights.
To date, the Center has published two landmark reports pertaining to caste discrimination in South Asia and continues to engage in a number of research and advocacy projects related to caste discrimination.
Caste Discrimination and Nepal's New Constitution
Caste Discrimination Against India's "Untouchables"
Caste Discrimination and Nepal's New Constitution
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The Center has been a pioneer in drawing attention to the disproportionate impact of the conflict on Dalits (so-called untouchables) in Nepal and to human rights abuses committed by both Maoist insurgents and Nepalese security forces that have used the rhetoric of the "war on terror" to justify egregious abuses including torture, "disappearances," and extrajudicial executions. The Center’s findings have thus far informed the work of the U.N. Sub-Commission on the Promotion and Protection of Human Rights, the U.N. Committee against Torture, the U.N. Committee on the Elimination of Racial Discrimination, the Office of the High Commissioner for Human Rights in Nepal, and the European Parliament Subcommittee on Human Rights. |
PRESS RELEASE
CHRGJ to Address Critical Gaps in New Constitution at the CCD
Event Will Discuss Ending Caste Discrimination and Ensuring Human Rights
(Kathmandu, March 17, 2010)—Critical gaps in proposals for Nepal’s new Constitution will be addressed at the Centre for Constitutional Dialogue (CCD) on March 19, 2010, announced the Center for Human Rights and Global Justice (CHRGJ) today. Staff from CHRGJ—which is based at New York University School of Law in the United States—are currently in Nepal and will present key findings from CHRGJ’s recently released report, Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution. The report was drafted in consultation with Nepalese Dalit rights advocates, including the Dalit NGO Federation (DNF) and the Feminist Dalit Organization (FEDO).
PRESS RELEASE
CHRGJ Releases New Report Urging Nepal to Ensure Equality and Human Rights in the New Constitution
“Rights Within Reach” Identifies Critical Gaps in Proposals for Nepal’s New Constitution (2010)
(New York and Kathmandu, February 10, 2010)— Nepal’s Constituent Assembly (CA) must immediately address critical gaps in proposals for its new Constitution and ensure the fundamental rights of all Nepalese people, said the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law in a new report released today. The report’s release coincides with the CA’s preparation of the first full draft of the new Constitution based on proposals from Thematic Committees of the CA.
The report, Rights Within Reach: Securing Equality and Human Rights in Nepal’s New Constitution, analyzes proposals for Nepal’s new Constitution and provides Nepalese lawmakers with a clear roadmap for ensuring that the country lives up to its human rights obligations. This includes recommendations for translating Nepal’s commitment to eradicating caste-based discrimination against Dalits—a group that has faced more than 2,000 years of systematic exclusion and discrimination—into a legal reality.
JOINT STATEMENT
Joint Statement by New York University School of Law Center for Human Rights and Global Justice, Dalit NGO Federation; and International Dalit Solidarity Network (February 23, 2009)
In creating the new constitution for Nepal, the Constituent Assembly has the opportunity to crystallize the country’s peace and advance Nepal’s political, economic, and social development. It also has the opportunity to demonstrate Nepal’s commitment to the inherent dignity of all individuals. In order to fulfill these paramount goals, the rights of all of Nepal’s Dalit population— including those marginalized within the Dalit community, such as Dalit women and “lower” Dalit castes—must finally be realized.
This Joint Statement draws on Nepal’s international human rights obligations to identify how to best achieve the rights of Dalits—a group that has faced more than 2,000 years of systematic discrimination on the basis of caste.2 This Joint Statement takes the Interim Constitution as a starting point and predictor of constitutional arrangements in Nepal, and concretely identifies how to enhance the effectiveness of its provisions in order to ensure human rights, consistent with Nepal’s obligations. It assumes that the essential articles in Nepal’s Interim Constitution—such as the political inclusion of Dalits, provisions for special measures, the expansive repudiation of “untouchability” and racial discrimination in a separate article, the abolition of bonded labor, and the justiciability of economic, social and cultural rights—will be carried over into the new constitution and makes only the most important recommendations to improve these protections. Read more...
REPORT
CHRGJ Releases Groundbreaking Report on Nepalese Dalit Rights
“Recasting Justice” Outlines Crucial Next Steps for Nepal’s Constitution (2008)
(New York and Kathmandu, April 22, 2008)—Nepal’s new constitution must recognize and protect the fundamental human rights of Dalits, says a new report released today by the Center for Human Rights and Global Justice (CHRGJ) at New York University School of Law. The report was released on the heels of Nepal’s historic Constituent Assembly elections held on April 10, 2008.
Recasting Justice report launch in Kathmandu
The 89-page report Recasting Justice: Securing Dalit Rights in Nepal’s New Constitution analyzes Nepal’s Interim Constitution to inform how the new constitution may be drafted in accordance with the country’s international human rights obligations to secure the rights of Dalits—a group which has faced more than 2000 years of systematic discrimination on the basis of caste. As Nepal prepares its new constitution after years of prolonged civil war, Recasting Justice provides Nepalese lawmakers with tangible means to demonstrate the country’s commitment to the inherent dignity and human rights of all individuals.
Report Launch (April 21, 2008)
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SUBMISSION
Letter to U.S. Senator Patrick Leahy on the Conflict in Nepal (January 27, 2006)
This letter respectfully requests Senator Leahy to call attention to the heightened vulnerability of "low-caste" Dalits, or so-called untouchables, in the current climate of impunity in Nepal.
SUBMISSION
Statement on Nepal before U.N. Committee Against Torture (November 8, 2005)
In this statement the Center urges the Committee to investigate torture against Dalits. The Center draws attention to the heightened vulnerability of Dalits; identifies the absence of reference to caste in Nepal’s periodic report to the Committee; and specifies questions, including a request for data disaggregated by caste and further information on steps to ensure accountability for torture, including through more diverse caste and ethnic representation in police and army structures.
A number of the Center’s concerns were taken up by the Committee in its Conclusions and Recommendations, where it: expressed concern "that the long standing pattern of caste discrimination is being further heightened by the current conflict;" called for "specific steps to" ensure that accountability mechanisms are in place guaranteeing that caste is not used as a basis for abuses, unlawful detention and torture and take steps to ensure more diverse caste and ethnic representation in its police and security forces;" and emphasized that Nepal should include information on caste discrimination in its next periodic report," including through data disaggregated by caste.
REPORT
Caste Discrimination Root Cause of Conflict in Nepal
New report documents the impact of the civil war on Dalits (2005)
This 65-page report charges that caste discrimination is both a root cause and insidious consequence of the conflict in Nepal.
This report was released during the meeting of the U.N. Sub-Commission on the Promotion and Protection of Human Rights and its findings have been cited by key actors, including the Representative of the United Nations High Commissioner for Human Rights in Nepal.
Caste Discrimination Against India's "Untouchables"
REPORT
CHRGJ Releases a New Shadow Report to the UN (2007)
(December, 2007) CHRGJ released a new shadow report to the UN Committee on the Elimination of Racial Discrimination (CERD): In the Shadows of the War on Terror: Persistent Police Brutality and the Abuse of People of Color in the United States.
The report was put together by a multitude of NGOs, including NYU School of Law's Center for Human Rights and Global Justice, which is acknowledged in the report.
REPORT
‘Hidden Apartheid’ of Discrimination Against Dalits
Government Fails to End Caste-Based Segregation and Attacks (2007)
(New York, February 13, 2007) India has systematically failed to uphold its international legal obligations to ensure the fundamental human rights of Dalits, or so-called untouchables, despite laws and policies against caste discrimination, the Center for Human Rights and Global Justice and Human Rights Watch said in a new report released today. More than 165 million Dalits in India are condemned to a lifetime of abuse simply because of their caste. CHRGJ and Human Rights Watch called on the Indian government to comply with its obligations under international law.
The 113-page report was produced as a shadow report in response to India’s submission to the United Nations Committee on the Elimination of Racial Discrimination, which monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee will review India’s compliance with the Convention during hearings in Geneva on February 23 and 26. The report was prepared by NYU School of Law's International Human Rights Clinic. Faculty Director Professor Smita Narula, Research Director Jayne Huckerby and Clinic students will present the report's findings in Geneva.
Hidden Apartheid report launch at NYU |
NEWInterview with Prof. Narula, VOA, Hindi Service, Mar. 6, 2007 (in Hindi) Interview with Prof. Narula, WNYC, The Leonard Lopate Show, Feb. 22, 2007 Interview with Prof. Narula, WBAI, Asia Pacific Forum, Feb. 20, 2007 (More: Press Release (Feb. 13, 2007), CHRGJ-HRW Shadow Report to UN CERD Committee, Broadcast-quality audio commentary by Prof. Smita Narula, co-author of the report: English and Hindi, Briefing on 'Hidden Apartheid' (12-pages), CHRGJ-HRW Letter to Indian Prime Minister Singh, CHRGJ’s work on caste-based discrimination) |
