A/HRC/31/56 2. Access to justice and policing 60. Entrenched caste discrimination within the criminal justice system translates into victims facing multiple obstacles at every stage of the legal process: from lodging a complaint to investigation, trial and judgement. Often, the fear of reprisal prevents victims from reporting attacks, resulting in underreporting and impunity. In South Asia, most violence against Dalits and Dalit communities is underreported and not addressed by Governments.37 61. Due to caste prejudice or deference shown to perpetrators from higher castes, law enforcement officers may refuse to register and/or investigate cases brought by individuals from lower castes.38 In some instances, these officers perceive caste-based discrimination as a social issue to be solved within the community rather than a crime. Refusal to register such cases as criminal offences is justified as preserving “social harmony”.39 62. According to a recent study,40 the ways in which police refuse to register caste-based atrocities include: (a) showing apathy; (b) discouraging victims and encouraging compromises between the victims and the accused; (c) delaying arrival; (d) threatening or inflicting violence on victims; (e) bringing false cases against victims at the behest of the accused to pressure them to accept a compromise; (f) accepting bribes from the accused to drop the victim’s case; and (g) declaring the accused innocent without following due process. 63. Even if such crimes pass the first stage in the process, there are long pretrial periods and the acquittal rates for these crimes are extremely high. Lower castes are also disproportionately represented in pretrial detention, owing to indiscriminate arrests, slow investigations and prosecutions, weak legal aid systems and inadequate safeguards against lengthy detention periods.41 3. Right to political participation 64. Political marginalization emerges as a consequence of discrimination against caste-affected communities, who are excluded from or underrepresented in both local and national decision-making. Individuals from lower-caste groups may face numerous obstacles to participation in public elections and equal opportunities to run for and be elected to public positions. These include being subject to threats, harassment and physical attacks; being forcibly prevented from standing in elections or, if elected, forced to resign or not to exercise their mandate; being excluded from electoral rolls; and being denied the right to vote.42 65. Caste-affected groups tend to be outvoted and unable to secure proportional representation. For instance, in Mauritania, where the Haratine comprise 40 to 60 per cent of the population, according to statistics collected by the Initiative pour la Résurgence du Mouvement Abolitionniste Mauritanie, only 11 of 147 members of Parliament are Haratine. In Yemen, the Muhamasheen have no political representation at the national level.43 37 38 39 40 41 42 43 “Caste-based Discrimination in South Asia”, p. 4. See E/CN.4/Sub.2/2001/16, para. 26. OHCHR, “Opening the door to equality: access for justice for Dalits in Nepal” (2011), p. 45. Nalori Dhammei Chakma, “Equity watch 2015: access to justice for Dalits in India” (Swadhikar and National Campaign on Dalit Human Rights, 2015), pp. 38-39. Amnesty International, The State of the World’s Human Rights 2014/15, p. 181. See CERD/C/IND/CO/19, para. 17. See A/HRC/30/31, para. 77. 13