In the workshop titled “Mapping out Access to Justice for Persons from Descent-Based Communities,” human rights defenders, researchers, legal experts and civil society representatives gathered to discuss some of the pressing issues faced by persons from those communities in South Asia. The three-day workshop held from 19th to 21st August 2024 and organised by the Office of the High Commissioner for Human Rights (UN Human Rights) with the International Dalit Solidarity Network (IDSN) and Asia Dalit Rights Forum (ADRF) as co-organizers, was pivotal in highlighting the barriers to justice and in formulating strategies for improving  the human rights protection for persons from communities discriminated against on the basis of work and descent by having access to the due process of the law.

The workshop, which focused on the specific contexts of Bangladesh, India, Nepal, Pakistan and Sri Lanka, featured country-specific research that provided a comprehensive view of the legal and social landscapes in these countries through a panel of experts to discuss the findings and way forward.

IDSN members contributed with fresh research demonstrating the need for urgent action to address the human rights situation of Dalits. The presentations on the five individual countries were instrumental in understanding the varied challenges and opportunities within each of them by helping to frame discussions around both existing legal frameworks and those to be adopted or revised.

“It is clear from the research presented at this workshop that we must urgently find effective ways to address human rights violations faced by persons belonging to communities discriminated against on the basis of work and descent,” said Michèle Buteau, from UN Human Rights/OHCHR,  “The country-specific research presented on Bangladesh, India, Nepal, Pakistan and Sri Lanka has provided us with nuanced perspective, facts and examples on the state of the rights and protections for these communities, we now need to transform these insights into tangible action for change.”

The shared insights and strategies developed over the three days will serve as a foundation for future efforts to ensure that persons from communities discriminated on the basis of work and descent have full access to justice across South Asia. The need for legislative reform, increased resources and greater political commitment are key in the pursuit of equality and human rights protection for all.

IDSN Executive Director, Meena Varma, took part in the workshop alongside the IDSN delegation of Dalit researchers and representatives from IDSN’s South Asia members.

“There cannot be any doubt that the human rights violations and obstacles faced by Dalits in accessing justice are grave and on a massive scale,” Meena Varma concluded,  “If we want change, we must start building on the key recommendations of the research and listening to the voices of activists from the affected communities and together chart new ways forward in the fight for equity and justice. This workshop was a great example of this approach.”

The workshop concluded with a strong recommendation to establish regional mechanisms at the South Asia level to consistently address the rights of persons from descent-based communities. Such mechanisms could provide a unified approach to overcoming the challenges faced by persons from these communities.

 

Key Takeaways summarised by the OHCHR: 

Legislative Frameworks

  • India and Nepal have dedicated legislation to safeguard the rights of personsfrom communities discriminated against on the basis of work and descent, specifically caste, reflecting a robust commitment to their protection within their national constitutions.
  • In contrast, Bangladesh, Pakistan and Sri Lanka lack explicit constitutional recognition and dedicated legal provisions for these communities. The lacunae of specific legislation in these countries underscores a critical gap in their national legal frameworks and requires urgent attention.

Law Enforcement and Judicial Challenges

  • A significant barrier lies in the frequent denial to the victims by the police of the FIR (First Information Report),a very important step which sets the process of criminal justice in motion.  This coupled with inadequate and/or incomplete investigation and a general neglect regarding violations of the human rights of Dalits, often result in failure of the complaint not being filed or dropped at the outset.  This, in addition to other shortcomings, highlight the need for reform and strengthened police accountability and investigation measures.
  • The politicization of National Human Rights Institutions (NHRIs), including political appointments of the members added to insufficient human and financial resources have served to severely impact NHRIs effectiveness in providing support to Dalits in accessing justice mechanisms.

Inadequate Budgetary Allocations

  • There is a glaring need for increased budgetary allocations to support human rights and access to justice mechanisms designed to promote and protect the rights of persons from descent-based communities as effective implementation of protective measures is contingent on resources.

Implementation of Recommendations

  • Regarding the international human rights system, Recommendations from the Universal Periodic Review (UPR), Treaty Bodies, and Special Rapporteurs are regularly ignored. This practice results in lack of compliance by the concerned States in meeting their legal obligations under international human rights law.

Increasing Violations and Political Oversight

  • Violations of the human rights of persons from communities discriminated on the basis of work and descent from all five countries have increased, a trend highlighted by both researchers and experts. Common factors include lack of political will, absence of participation/representation of Dalits in administration of justice institutions and mechanisms ranging from the police to the courts and to NHRIs – all staffed by persons from the dominant caste groups.

Grassroots Awareness and Monitoring

  • It is essential that judgments and verdicts favoring Dalits reach the grassroots level to ensure awareness and accountability. Strong monitoring mechanisms are vital to upholding the human rights of Dalits. While India is equipped with some of these mechanisms, they tend to be limited in reach and effectiveness and need to be strengthened.  It would be useful for the other four countries to establish similar structures.

Media and Civil Society

  • The media and wider civil society have often been selective in their coverage of Dalit human rights violations cases – bringing more visibility and support for Dalit-related cases remains crucial.
  • Dalit-led civil society organizations are frequently targeted and lack the power and resources necessary to advocate effectively in the protection of Dalit rights. Their empowerment is crucial for advancing human rights and access to justice.

Legal Aid and Representation

  • Access to legal aid/effective legal aid remains a significant concern for persons from descent-based communities. Strengthening and creating legal aid systems and ensuring robust witness and victim protection programmes are essential for an effective administration of justice.
  • There is also a pressing need for greater representation/participation of Dalits within justice mechanisms to ensure fair and equitable treatment.