A/HRC/16/23 has seen some positive developments in this regard, including efforts by the Dalit and Women’s Commissions to engage and respond to issues at the local level, all three Commissions remain significantly under-resourced and the implementation rate of their recommendations remains low. 3. Resort to measures beyond the criminal justice system: “mediation” 50. Rather than register cases as required by law and initiate a formal criminal investigation, it is far more common for the police to encourage the victims or complainants to seek informal settlements to criminal discrimination cases, normally through a “mediation”. Although such processes take place outside the criminal justice system, it is usually the police or local authority figures who encourage victims to seek a settlement with the alleged perpetrator, often under pressure from local political parties, particularly if a party affiliate is involved. For example, in relation to the February 2010 rape of a 10year-old girl mentioned above (para. 46), upon pressure by local politicians (due to the affiliations of the perpetrator’s family) the case was settled through the informal payment of compensation following a mediation brokered by the district police office. In the discrimination case of attempted rape and arson of a Dalit woman reported above (para. 45), the victim received 40,000 Nepalese rupees as “compensation”, following mediation by the district police. The lack of clear guidance on the procedures for such cases certainly contributes to this practice, as do misguided beliefs that this is necessary to maintain “social harmony” within the community. 51. While the use of mediation mechanisms can complement the law in specific circumstances, in cases of serious criminal offences such as caste-based discrimination and gender-based violence, they contravene the criminal law of Nepal and the victim’s right to an effective remedy under international human rights law. As such these practices perpetuate a cycle of discrimination, violence, indignity and impunity. 4. Socio-economic and cultural barriers to justice 52. In addition to the role played by the authorities, there are numerous socio-economic and cultural barriers to accessing justice. Long-standing social taboos, fear of being ostracized within the community, lack of information, geographic remoteness and financial challenges deter victims from filing complaints with the police and seeking legal redress. 53. Victims of caste and gender-based discrimination are often from the poorest strata of Nepali society. They generally lack access to information regarding their rights and face inherent difficulties, including language barriers, in gaining access to the police authorities to initiate a criminal case. Furthermore, Dalits also face perceived or actual threats to their security when considering or undertaking action or challenging the discriminatory practices; most are trapped in unequal power relationships and a dependency on neighbours from higher castes. The risks of initiating action include social ostracism, economic boycott and actual physical violence. For example, in May 2010 a Dalit woman sustained serious head injuries in an attack by a higher-caste man over shared use of a public water tap. Furthermore, despite a 2008 government directive “freeing” Haliyas from their bonded labour relationships with landowners, many remain in the same debt labour agreements perpetuated for generations, fearing economic destitution if they leave. C. 1. Legal challenges Criminalization of caste-based discrimination 54. Both the Interim Constitution and the Civil Code criminalize discrimination on the basis of caste, penalizing, with an imprisonment or fine, acts that perpetuate untouchability. 13