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2004/17

Discrimination based on work and descent

The Sub-Commission on the Promotion and Protection of Human Rights,

Reaffirming its resolution 2000/4 of 11 August 2000, in which it declared that discrimination based on work and descent is a form of discrimination prohibited by international human rights law,

Acknowledging the constitutional, legislative and administrative measures taken by some States to abolish practices of discrimination based on work and descent, as outlined in the expanded working paper on this topic submitted by Mr. Asbjørn Eide and Mr. Yozo Yokota (E/CN.4/Sub.2/2004/31),

Concerned that discrimination based on work and descent affects communities in many regions of the world,

Noting the need for further study on this topic, and for the formulation of principles and guidelines for the elimination of discrimination based on work and descent,

  1. Urges concerned States to ensure that all necessary constitutional, legislative and administrative measures, including appropriate forms of affirmative action and public education programmes, are in place to prevent and redress discrimination based on work and descent, and that such measures are respected and implemented by all State authorities at all levels;

  2. Welcomes the expanded working paper on discrimination based on work and descent submitted by Mr. Asbjørn Eide and Mr. Yozo Yokota (E/CN.4/Sub.2/2004/31) and endorses the conclusions and recommendations contained therein, including with regard to the importance of undertaking a study on the issue of discrimination based on work and descent and the preparation of a draft set of principles and guidelines for the elimination of discrimination based on work and descent;

  3. Decides to appoint Mr. Yokota and Ms. Chin-Sung Chung as Special Rapporteurs with the task of preparing a comprehensive study on discrimination based on work and descent on the basis of the three working papers submitted on this issue (E/CN.4/Sub.2/2001/16, E/CN.4/Sub.2/2003/24 and E/CN.4/Sub.2/2004/31) as well as the comments made and the discussions that took place during the sessions of the Sub-Commission to which those working papers were submitted, and requests the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-seventh session, a progress report at its fifty-eighth session and a final report at its fifty-ninth session;

  4. Requests the Special Rapporteurs to focus on the finalization of a draft set of principles and guidelines for the effective elimination of discrimination based on work and descent, addressing all relevant actors, including Governments, local authorities, private sector entities, schools, religious institutions and the media, based on existing applicable standards and best practices and taking into account the framework proposed in the third working paper and the contents of general recommendation XXIX (2002) of the Committee on the Elimination of Racial Discrimination;

  5. Also requests the Special Rapporteurs, for the purpose of identifying best practices, to obtain more comprehensive information on constitutional, legislative, judicial, administrative and educational measures taken to address discrimination based on work and descent, including through the elaboration and submission of a questionnaire to Governments, national human rights institutions, relevant organs and agencies of the United Nations system and non-governmental organizations;

  6. Encourages the Special Rapporteurs to undertake this study in cooperation and collaboration with relevant treaty bodies and United Nations organs, agencies and mandates, including the Committee on the Elimination of Racial Discrimination, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, the International Labour Organization and the United Nations Educational, Scientific and Cultural Organization, and in consultation with representatives of affected communities;

  7. Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide the Special Rapporteurs with all the assistance necessary to enable them to accomplish this task;

  8. Recommends the following draft decision to the Commission on Human Rights for adoption:
    "The Commission on Human Rights, taking note of resolution 2004/17 of 12 August 2004 of the Sub-Commission on the Promotion and Protection of Human Rights, approves the decision of the Sub-Commission to appoint Mr. Yozo Yokota and Ms. Chin-Sung Chung as Special Rapporteurs with the task of preparing a comprehensive study on discrimination based on work and descent, on the basis of the three working papers submitted to the Sub-Commission on this topic (E/CN.4/Sub.2/2001/16, E/CN.4/Sub.2/2003/24 and E/CN.4/Sub.2/2004/31), the comments made during the sessions of the Sub-Commission at which those working papers were submitted and the provisions of the above-mentioned resolution, and of responses from Governments, national human rights institutions, relevant organs and agencies of the United Nations system and non-governmental organizations to a questionnaire to be elaborated and circulated by the Special Rapporteurs. The Commission also approves the request to the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-seventh session, a progress report at its fifty-eighth session and a final report at its fifty-ninth session, and the request to the Secretary-General and the United Nations High Commissioner for Human Rights to provide the Special Rapporteurs with all the assistance necessary to enable them to accomplish this task."

  9. Decides to continue consideration of this question at its fifty-seventh session under the same agenda item.
12 August 2004
[Adopted without a vote.]


Statement of Indian Government about this resolution


India Committee of the Netherlands / Landelijke India Werkgroep - August 27, 2004