Access to justice by persons from descent-based communities

Access to justice is a vital element in the democratic process and one of the basic principles of the rule of law. 

It is estimated that globally, more than 260 million people are victims of exclusion, segregation, and marginalization both in the public and private spheres based on their descent. Descent-based communities are denied access to resources and services, leaving most living in abject poverty with little to no access to justice. Women and girls are particularly vulnerable to descent-based discrimination, owing to its multiple and intersecting forms. 

The Office of the High Commissioner for Human Rights (OHCHR) has continuously advocated for the rights of persons from descent-based communities to enjoy their human rights as guaranteed under the Universal Declaration of Human Rights (UDHR). 

The Bangkok Initiative

Desiring to promote the realization of the principles contained in the UN Charter, States including Bangladesh, India, Nepal, Pakistan and Sri Lanka have ratified international human rights conventions, such as  the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, as well as other relevant international instruments which create legal commitments to equality as an enforceable right under national law including via these treaties. These States have undertaken the obligation under international human rights law to treat everyone with equality in dignity and rights regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. 

In 2024, OHCHR in partnership with the International Dalit Solidarity Network (IDSN) and the Asia Dalit Rights Forum (ADRF) launched the Bangkok Initiative to map out the path to access to justice in five pilot countries where descent-based discrimination is most prevalent in South Asia: Bangladesh, India, Nepal, Pakistan, and Sri Lanka. 

The Initiative began with collecting and compiling information on the political, legal, and judicial landscapes of each country while examining existing judicial and non-judicial mechanisms and how accessible and efficient they are as regards persons from descent-based communities (good practices) (Country reports: Bangladesh, India, Nepal, Pakistan, Sri Lanka).  This exercise was followed by a workshop to examine what can be done to strengthen the existing structures and mechanisms at the national level to facilitate access to justice pursuant to these countries’ obligations under international human rights law. See the outcome document

The Bangkok Initiative has confirmed that we must urgently find effective ways to remove the legal and practical barriers imposed on Dalits and enforce their access to justice. This requires the adoption of a wide range of measures designed to implement existing legislation which already provide for non-discrimination.  In this regard, OHCHR aims to assist the five States in meeting their core international law obligations to respect, protect and fulfil the rights to equality and non-discrimination for everyone.