Human Rights Council
Working Group on the Universal Periodic Review Twenty-third session
2–13 November 2015
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21
*Nepal
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
United Nations A/HRC/WG.6/23/NPL/1
General Assembly
Distr.: General 6 August 2015 Original: EnglishProcess of drafting
1. The report has been prepared through a broad consultation with the National Human Rights Institutions (NHRIs), civil society organizations (CSO) and media, among others. A committee formed by the Government of Nepal (GoN), with cross sectoral representation to prepare the Report conducted five regional consultations and one national interaction programme with over 750 participants.1 In addition to this, the views and concerns expressed in the consultations run separately by the NHRIs and CSO have been taken into account in the report.
Policy on human rights
2. Promoting a human rights culture and mainstreaming a human rights agenda in its entirety to fulfil national and international obligations and commitment is a cardinal principle of the GoN. The GoN has introduced the Human Rights Based Approach (HRBA) in formulation and implementation of all public policies, developmental plans and programmes. Nepal has implemented periodic National Human Rights Action Plans (NHRAPs) in collaboration with the NHRIs and CSO for 11 years. At present, the GoN is implementing its fourth five year NHRAP for the period 2014 to 2019 to develop collective ownership and integrate human rights programmes into the country’s periodic development plans. The NHRAP covers eighteen thematic areas to fulfil the obligations including from treaty bodies and UPR recommendations.2
Improvements in the normative and structural framework
3. The GoN has shown its strong commitment to the international normative frameworks by ratifying core international human rights instruments3 and internalizing them in the domestic system. Enactment4, tabulation of Bills in the Legislature Parliament5 and draft formulation6 of human rights related legislation is a continuous process. The GoN has strengthened the institutional structures7 for the protection and promotion of human rights including through the establishment of the NHRIs, providing continuous support to them, and formation of separate mechanisms on human rights at all ministries and security forces. The GoN is investing to reform prisons.8 Some positive improvements in the normative and structural framework after the first cycle of UPR include, establishment of transitional justice mechanisms, significant improvement in security system and the improvement in the functioning of the criminal justice system.
Follow-up of the recommendations
4. The implementation of the UPR recommendations is being carried out under a Plan of Action with periodic follow-ups. Progress on the recommendations is presented below by clustering them under different thematic categories with the relevant recommendation number super texted with them.
Constitution making process
95. The country has moved ahead towards the path of new constitution making process.
The preliminary draft of new constitution prepared by Constitution Drafting Committee following an understanding between the major political parties on major issues, has been endorsed in principle by the Constituent Assembly (CA) on 7 July 2015. The GoN has
extended its full support to the CA, and political parties are in further dialogue to finalize the draft of the constitution through the democratic process including public consultations.10 The GoN believes that the new constitution will ensure all fundamental rights and freedoms including freedom of religion and right to equality of all people in line with international standards.
6. The CA reflects the broad diversity of the Nepalese society. The representation of women in parliament has increased from 2.9 percent in 1995 to 29 percent in 2015. The GoN believes that the CA will be able to make a new constitution that ensures the effective and meaningful participation of women in State organs.
Human rights defenders
117. The GoN has implemented Guidelines on Incidental Insurance for Journalists, 2013.12 National Human Rights Commission (NHRC) has also developed Guidelines for the safety of human rights defenders. Moreover, a new media policy which is under consideration at the Cabinet also addresses the safety concerns of journalists. Law enforcement agencies have been given instructions through Ministry of Home Affairs (MoHA) for safeguarding the rights of the human rights defenders, journalists and women human rights defenders. The GoN is committed to removing any hindrance in the enjoyment of rights and freedom by human right defenders, and to take legal actions against perpetrators.
Freedom of assembly
138. The Interim Constitution (hereinafter referred to as the Constitution) guarantees the right to freedom of opinion and expression, freedom of peaceful assembly, freedom to form political parties or organizations, or unions and associations. The Civil Rights Act, 1955, further protects these fundamental freedoms. The GoN has always respected the freedom of assembly. Declaring some public places as restricted zones by issuing official notification to maintain public order and peace should not be considered as an unreasonable restriction on this freedom. Furthermore, security forces are being regularly trained to strictly follow the policy on minimum use of force even in controlling violent situations.
Labour rights
149. The Labour Act, 1992, ensures equality in employment and recruitment procedures, as laid down in the ILO Convention No. 111. Ministry of Labour and Employment (MoLE) has been revising this Act and other labour related legislations to make them more compatible with the ILO Conventions. The GoN’s target is to rehabilitate Kamaiyas and Haliyas within the next two to five years respectively.15
10. The GoN has been developing further standards on occupational safety and health for labourers in accordance with the Labour Act.16 Industries have been categorized into four different categories according to the level of hazard/risk. An Integrated Social Security Bill approved by the Cabinet to submit at the Parliament plans to establish a ‘Contributory Social Security Fund’ with an aim to enhance the social security of the labourers working in the informal sector. The Fund may establish a variety of welfare schemes for labourers.17 11. The GoN has enforced a new remuneration as well as a social security package for workers of enterprises.18 The local authorities are monitoring the compliance with the wage rates. However, they have been facing challenges in effective enforcement of the minimum
establish a high level authority to protect the rights of labourers and to monitor the implementation of minimum wage.
12. The GoN has undertaken a number of measures to prevent and manage the risk of exploitation of migrant workers. The Foreign Employment Promotion Board through agreements with financial institutions is facilitating loans for aspiring migrant workers. By mid-April 2014, Rs. 2,672.14 million had been lent to the needy having contributed to the employment of 20,806 individuals. To help migrant workers obtain better jobs in the international market, the GoN has been providing skill training to them. By mid-April 2014, 4,500 persons have been provided with capacity enhancement training from the Council for Technical Education & Vocational Training (CTEVT). Similarly, 14,935 persons have benefitted from orientation training. The number of individuals getting permits to migrate abroad has been on the rise. The number of previously unregistered migrants who received labour permits in 2013/14 was 60,880 compared to 38,076 in 2012/13. Remittance has contributed to the national economy as well as to the individual households.19
13. The GoN has signed Memorandum of Understanding (MoU) with five labour destination countries,20 to safeguard the migrant workers from labour exploitation and it has been working to sign the MoU with each destination country which hosts over 10,000 Nepali migrant workers. Minimum wage for migrant labourers has been fixed in five destination countries.21 Labour attachés have been employed at the Nepalese missions in seven labour receiving countries.22 With an aim to help rescued women migrant workers, Safe houses have been operationalized at four Nepalese missions aboard.23 One such house has also been established in Kathmandu for returnee women migrants.
14. Foreign Employment Policy, 2012, Procedures on Registration and Renewal of Orientation Training Institutions for Foreign Employment, 2014 and Guidelines for Sending Domestic Workers in Foreign Employment, 2015 among others24 have been put in place to protect the rights and interests of migrant workers. A separate policy on safe migration is being drafted in order to address illegal and undocumented migration and ensure safe migration. Structural mechanisms are in place to promote safe, dignified and decent foreign employment and to create an enabling environment for relations among employers, workers and other stakeholders.25 Financial support has been provided, through the Foreign Employment Promotion Board, to 638 families of deceased workers and 69 injured ones. Besides rescuing the employees stranded in foreign countries, support has been provided to transport 300 dead bodies to the concerned districts. Foreign Employment Tribunal has been established to provide easy and speedy access to justice to the victims of foreign employment.26
Poverty, basic services and employment
2715. The GoN is implementing poverty alleviation policy through periodic development plans to ensure social and economic justice particularly to vulnerable and marginalized groups. Programmes have been carried out for the last two decades with poverty alleviation at the core of development agenda. From the Tenth Plan onwards, poverty has been classified into income poverty, human poverty, and social exclusion. Analyses of these dimensions show notable decrease in overall poverty and improvement of the Human Development Indices of the Nepalese people. Population under the poverty line shows a declining trend.28 However, the devastating earthquake of 25 April and its aftershocks are likely to increase the poverty level in the most affected areas by 2.5 percent to 3.5 percent.29 16. The GoN has carried-out a survey with the aim to collect scientific data on the poor.
To provide ID cards for the poor, it has identified 356,418 poor households in twenty-five districts through the survey. The survey will also be extended to the remaining districts.
The 2011 census data provides disaggregated data based on ethnicity, nationality, gender and so on.30 It shows that in the last seventeen years, the poverty level has decreased to 15.46 percent from 21.56 percent in the urban areas and to 27.43 percent from 43.27 percent in the rural areas. In order to address this gap between the urban and rural areas, the Poverty Alleviation Fund (PAF) is currently working in 59 out of 75 districts of Nepal. The PAF is assisted by the World Bank, which has recently agreed to provide 85 million US dollar to finance the ongoing and new programmes until September 2017. The International Fund for Agricultural Development is also contributing financial assistance to the PAF.31 With the objective of assisting those living in extreme poverty, the PAF has been helping the GoN in working towards reducing poverty to 21 percent by the end of 2015. Until April 2014, the PAF has assisted the formation of 23,788 community organizations of the poor to carry out different livelihood enhancing and capacity development activities. The programme has benefitted 663,151 poor households, mostly indigenous communities, Dalits, and women. Of these, 75 percent are women, 65 percent are those who do not have sufficient food for more than 3 months a year. For inclusive development, the GoN in its current 13th plan has focussed on demand driven and community based development approach at the local level. The programme has supported communities to become self- employed through income generation and community infrastructure related schemes.
17. The GoN is making food available through its agencies and programmes which include ‘Food for Work’ and ‘School Feeding’ programmes to safeguard the right to food of the poor and disadvantaged living in remote areas. The GoN supports these people through social and economic support32 and is working to prepare legislation on employment.
18. The CTEVT is providing skills oriented training, technical support and soft loans to Dalits, indigenous nationalities, women and persons with disabilities (PwDs).33 The Far Western Development Commission and Karnali Development Commission have been constituted for the overall development of vulnerable and marginalized communities in the Far Western Region and Karnali Zone respectively.34
Financial and technical assistance for human rights and MDGs
3519. Development Cooperation Policy, 2014,36 aims at receiving and mobilizing effective assistance from international community based on national priorities. As an LDC, LLDC and a country emerging from conflict, Nepal is in need of enhanced international support for economic development and reconstruction of infrastructure damaged and destroyed due to the conflict and the devastating earthquakes. Under the United Nations Development Assistance Framework, 2013, the Country Programme Action Plan, 2013–2017 was signed between the GoN and UNDP in September 2013. This aims at addressing the transitional needs of the country and contributing to achieving long-term development goals.
20. In line with the overarching goal of the Istanbul Programme of Action (IPOA) for the LDCs for 2011–2020, the GoN has a plan to graduate from the LDC status by 2022.
Nepal's Development Cooperation Policy, 2014 also encourages the development partners to extend their support to Nepal as per the guidelines outlined in the IPOA document.37
Climate change
3821. The GoN has been implementing the Climate Change Policy, 2011. The National Framework of Local Adaptation Plan for Action has been approved to implement the National Adaptation Programme of Action, 2010, and preparing the Reducing Emissions from Deforestation and Degradation Strategy to benefit the country and forest resource user
communities. The Nepal Climate Change Support Programme, funded by the European Union and DFID has utilized this framework to implement adaptation actions in 14 districts of mid and far western development regions of Nepal. After COP 17 in Durban, South Africa, Nepal took the leadership of the LDC Coordination Group of UNFCCC negotiation process established in 2001. Nepal has been strongly raising the LDCs' concerns in international fora for increased international cooperation and support to deal with the threats of climate change. It needs more support from the international community and countries to receive payment on carbon trading.
Housing programmes and implementation of Lands Act
3922. The GoN is implementing a national housing policy, based on the concept of 'housing for all', and with objective of providing government support to low-income groups and ensuring planned human settlement. The 13th Plan aims to provide safe and affordable housing facilities for planned settlement. Standard Operating Procedures to operate planned settlement programme for the poor were developed in 2014. The GoN has introduced National Shelter/Housing Plan, 201440 to ensure favourable, secure and environmental friendly shelter for all income groups. A number of programmes such as, housing to low- income families, physical improvement of habitation of landless squatters, rural housing development, land and housing development programme and rehabilitation of displaced families have been carried out. The GoN continues the Citizens Residence Programme (Janta Aawas Karyakram), which is intended to provide good housing facilities to the poor and the marginalized. Under the programme, the GoN plans to build 1,762 residential buildings for the Dalits, poor Muslims, Chepang, Badi, Kusunda, Gandharva, Raji, Lodh and other disadvantaged communities in the fiscal year 2014/15. So far 4,850 houses have been constructed and distributed to such people. The GoN is providing alternative support for the resettlement of genuinely landless squatters. Construction works are underway in Ichangu of Kathmandu for providing residences to genuine squatters, urban poor and low income groups and with a view to managing unplanned settlements. Concessional housing loans are provided through finance companies, revolving funds and income-generating funds to the backward families including women, Dalit, bonded labourers and indigenous nationalities. Nepal Housing Finance Limited and the Employee Provident Fund have granted concessional loans worth NRs. 400 million and NRs. 119 billion respectively. The Employee Provident Fund has constructed 109 low cost houses in Pokhara, 1,100 in the outskirts of the Ring road of the Kathmandu valley and 500 outside the Kathmandu valley.41 The National Housing Plan has proposed a ten years programme with special focus on marginalized groups.42 Similarly, a proposed ten year plan of housing for others (excluding marginalized group) aims to construct 1,610,000 houses including residential flats, residential houses and land plots.43 In the FY 2012/13, the GoN had expenditure of NRs. 11.074 billion on housing and community amenities that include housing and community development, water supply, and others. Land and financial support are being provided to freed bonded labourers and landless people. Besides, the GoN has been implementing National Land Use Policy, 2013, for the overall management of land including categorization of land to protect agricultural land to ensure food safety.44 Considering the new challenges arisen due to the earthquake, the GoN has requested international assistance to support reconstruction efforts.
Right to education
4523. The education policy has been structured to achieve the fundamental right to education and MDG 2 by 2015. A Bill to make basic education compulsory and free is under consideration at the Ministry of Education (MoE). The GoN is making considerable
efforts to gradually provide secondary education (up to 10th standard) for free at the community schools and make primary education compulsory. The 13th Plan targets to ensure the implementation of free and compulsory primary education through strict adherence to the Education for All National Plan of Action. The ‘Welcome to School’
programme is conducted at the beginning of every academic year in all schools.
Communities are encouraged to run primary schools in their mother tongue. The GoN has drafted Multilingual Education Implementation Guidelines, 2009, aiming to implement multilingual education in 7,500 schools by 2015. Till date, 24 schools have been providing such education. School course-books have already been prepared in 16 mother tongues. The GoN is implementing the School Sector Reform Plan, 2009–2016 (SSRP), which aims at restructuring the school education covering grade one to twelve, while specifying education from grade one to eight as basic education. Various data show a trend of improvement in ensuring right to education in terms of increment in net enrolment rate, trained teachers, literacy rate, and government expenditure.46 A significant number of schools in the earthquake affected areas have been damaged or destroyed. The GoN has taken temporary measures until reconstruction takes place to ensure that all children continue to have access to education.
24. The National Action Plan on Education for All, 2001–2015, has identified goals of elementary child education and development programmes, based on four pillars, namely, survival, development, protection and participation. The SSRP plans to implement free and compulsory primary education programmes in 500 VDCs/municipalities. Till date, 1,173 VDCs are declared having access to free and compulsory primary education and two districts, Lalitpur and Dhadhing were declared as fully literate districts in June–July 2014.
25. According to the Economic Survey, 2013, only 24.4 percent of the people living below the poverty line have access to primary education, 20.8 to secondary education and 17.9 to higher education. In order to address the gap, focus is laid on increasing the enrolment rate of girl children from Dalit, indigenous people, minorities, marginalized and backward communities. In order to ensure the access to education for adolescent girl, one female teacher is assigned in each community owned school to hear complaints and for psychosocial counselling. After the completion of the secondary education, 400 adolescent girls are accommodated in 20 feeder hostels. Training of trainer programmes on adolescent girl education are conducted in different districts. Likewise, the GoN has formulated an equity strategy for school education. The MoE has launched a Food for Education Programme in selected areas. Separate toilets for girls and boys are being constructed in each school. The number of schools having toilet facilities has increased47 In the Fiscal year 2014/15; the GoN has planned to construct additional 1,285 school buildings and 3,230 toilets in schools.
26. Various programmes have been launched to ensure inclusion and gender mainstreaming in education.48 The GoN is implementing education and training programmes for freed Kamlari. Freed Kamlari have been receiving scholarships, hostel and other support from the GoN. A Food for Education Programme targeting Kamlaris has been conducted in selected areas. Children from different marginalized groups have received different support including scholarship schemes.49
Right to health
5027. The GoN has approved a new National Health Policy, 2014, and Health Insurance Directives, 2014, to ensure the right to health as a fundamental right of every citizen.51 Similarly, the Second Long-Term Health Plan, 1997–2017, and population and sanitation related policies have been put in place.
28. Although the number of government health care institutions has remained constant for the last two years, the number of beds has increased from 7,035 (in 2011) to 7,285 (in 2013), health care human resources have increased from 82,994 (in 2011) to 93,495 (in 2013). The GoN has implemented free health service in primary health care institutions and district hospitals. Now the people have free access to 70 kinds of medicines at public health facilities.52 Pregnant women are entitled to free maternity service at all governmental hospitals and private hospitals that have agreements with the Ministry of Health and Population (MoHP). A transportation allowance is provided to those women who give birth at a health institution. Moreover, the poor, indigent, PwDs and women volunteers are entitled to full free medical service. The GoN is implementing separate guidelines to ensure the quality of private and community-owned health care services.
29. The GoN plans to introduce health insurance programme in 15 districts selecting three from each development region. The GoN is planning to upgrade all the sub-health posts to health posts, to upgrade the hospitals and health centres, to establish ICU wards in five zonal hospitals, and to establish geriatric ward in all zonal hospitals by the end of FY 2014/15. The GoN is also planning to: a) increase the positions of specialist doctors for the effectiveness of health services; b) increase the number of doctors in primary health centres; c) provide non-practice allowance in order to encourage doctors working in remote and rural areas; d) initiate the pre-examination of kidney disease in 500 health posts, 300 primary health centres and hospitals; e) start “Midwifery” education for promoting the policy of providing maternal care services through skilled health personnel; and f) double the travel allowance and increase the dress allowance to Rs. 5,000 for women health volunteers.
30. The GoN is making efforts to increase the rate of child immunization from existing 83 percent to 100 percent and has formulated the National Immunization Operation Rules, 2013, to establish an immunization fund to ensure sustainable financial sources for immunization. Nepal is committed to the “Health for All” as pledged in the Alma-Ata Declaration of 1978 and to the achievement of the internationally agreed health related goals. Significant achievements have been made in several areas. Maternal mortality rate has gone down to 281 per 100,000, total fertility rate to 3.1, under five mortality rate to 54 per 1,000, and infant mortality rate to 46 per 1,000. It is planned to reduce the maternal mortality to 134 per 100,000. 1,555 birth centres across the country are providing 24 hour service to reduce the maternal mortality rate. 45 percent of the pregnant women are getting delivery service from trained birth attendants. The average life expectancy has gone up to 63.3 years. The population under the age of five with moderate and severe underweight has declined.
31. The Constitution ensures woman's right to reproductive health and reproduction.
Nepal has made considerable progress on sexual and reproductive rights.53 Silicon Ring Peccary is provided free of cost in the treatment of the uterine prolapse.54
32. With the objective to help decrease the infant, child and maternal mortality rate and to increase the average life expectancy, the GoN in the current fiscal year has allocated Rs.
33.52 billion for the overall improvement of health indicators. The GoN believes that it is on the right track to achieve health related MDGs. Nepal was awarded the “MDG Achievement Award” in 2011 for its achievement in reducing maternal mortality rate (MDG 5), the “Motivational Award” for its significant achievement in reducing child mortality rate (MDG 4), and the “Resolve Award” by "Global Leaders Council for Reproductive Health” for considerable achievement in reproductive health.
Human rights education
5533. Human rights education has been incorporated in the school and university curricula.
The GoN has been conducting specific programmes in rural areas to increase awareness about human rights.56 In addition, the government agencies such as police and district attorneys, have been conducting sensitization programmes together with the NHRIs and CSOs both at the centre and local levels. The Strategic Plan, 2015–2020 of the NHRC lays emphasis on human rights education and aims to ensure that human rights are protected at the household level.
34. A separate mechanism to deal with human rights issues and to promote human rights education has been established in all security forces. Security force related legislations provide for mandatory human rights training for security personnel.57 Furthermore, the security forces have prepared handbooks and manuals on basic human rights.58 Till date, over 7,300 police personnel and 47,619 army personnel have received specific training on human rights and humanitarian law.59 Moreover, all the basic courses run by the security forces include curriculum on human rights and humanitarian law.60
Food safety
6135. The GoN has been providing, at subsidized rates, basic food supplies in selected areas with special focus on disadvantaged and marginalized groups. This is also done through other means including ‘Food for Work’ and ‘School Feeding’ programmes.
National Planning Commission (NPC) has formulated Multi-Sectoral Nutrition Plan for the period 2013 to 2017. National Nutrition Policy, 2004, School Health and Nutrition Strategy, 2006, Maternal Nutrition Strategy, 2013, and various other programmes have been implemented with the objective of sustainably reducing the incidents of malnutrition.
Some of the major programmes include free distribution of iron capsules and vitamin A to pregnant women and breast-feeding mothers, free distribution of vitamin A and de- worming capsules for children up to five years, maternal and child health care programme and anaemia reduction programme for children. A separate ‘Food Security and Environment Division’ has been established under the Ministry of Agricultural Development (MoAD), to deal holistically with the issues of food safety and nutrition.62 The Division has initiated an Agriculture and Food Security Programme covering 19 districts of mid and far western development regions.
36. The MoAD has implemented 49 specific programmes related to food and nutrition with a long term objective of reducing malnutrition.63 With an objective of increasing agricultural production and reducing food scarcity, the 13th Plan targets to expand irrigation service to 1,487,275 hectares of land. Importantly, an Agricultural Development Strategy is under consideration in Cabinet.
Internally Displaced Persons (IDPs) and conflict victims
6437. The GoN has implemented the measures65 to address the issues of IDPs and conflict victims. It is providing a range of schemes to reintegrate and rehabilitate the conflict victims. The schemes include Relief and Rehabilitation Support, employment generation training and financial support, interim relief, medical treatment, psychosocial counselling and scholarship support.66 The GoN has established a separate organizational structure from the centre to the grassroots level to provide the service and to monitor the effective implementation of the measures.
Equality among all ethnic, cultural and linguistic components
6738. The Constitution and existing legislation ensure right to equality for all. Any discrimination based on any ground is a criminal offence. However, in order to promote substantive equality and protective discrimination, special protection mechanisms have been adopted through legal, policy and programmatic measures particularly for women, Dalit, indigenous people, Madheshi, PwDs, and the communities who are economically and socially backward. The GoN has introduced several policies and mechanisms to help ethnic people for the protection of their culture and linguistic rights.68
Indigenous Peoples (IPs), minorities and vulnerable groups
6939. The Constitution guarantees the right to social justice for women, Dalit, indigenous nationalities, Madhesi communities, marginalized groups, and workers who are economically and socially backward.70 In order to expand the social security right of citizens, the Social Security Programme Operation Procedure, 2009, is being implemented under the Local Self-Governance Act, 1999.
40. Senior Citizen Act, 2011, ensures the rights for the protection and dignity of life of senior citizens. They are provided with free health treatment at government hospitals and geriatric Ward has been established in all zonal hospitals. They receive 50 percent discount in public transport. The GoN is providing a monthly allowance to senior citizens above 70 years of age and other marginalized and vulnerable groups. The people living in the Karnali zone and Dalits above the age of 60 years receive the allowance.71 The GoN is implementing social security measures72 through HRBA to safeguard the rights of senior citizens. An assessment of the Social Security Allowance Programme undertaken by the NPC in 2012 reveals that the average growth of social security expenditure is 0.75 percent.73
41. The Integrated Social Security Bill has provision to establish National Social Security System. The GoN has also been working to introduce a National Identity Card to make the distribution of social security allowances effective. In FY 2014/15, seven different schemes have been planned for implementation by managing the record of social security fund and preparing Contributor’s biometric identity card to address difficulties, duplication and distortions on conducting various ongoing social security programmes.
42. A National Action Plan for the Implementation of ILO Convention 169 is under consideration in Cabinet. The Action Plan aims to ensure IPs’ effective and politically meaningful participation in the decision-making process and equal representation in the governance of the country. The GoN has submitted its second periodic report on ILO Convention 169 in 2015. IPs District Coordination Committees are functional in all 75 districts as per the IPs District Coordination Committee (Establishment and Functioning) Procedure, 2014. National Foundation for Development of Indigenous Nationalities (NFDIN)74 and other institutions75 have organized various programmes to guarantee that IPs, minorities and vulnerable groups, are able to enjoy their identity and culture including through the promotion and preservation of their traditional languages.76 The GoN has prepared answers to Frequently Asked Questions on ILO Convention 169. The present NHRAP introduces important measures for the protection of IPs77 and as per the Local Authorities Resource Mobilization and Management Guidelines, 2012, local authorities are allocating 15 percent of their capital budget to the programmes targeted to marginalized groups.78
43. Reservation/quota and measures for protective discrimination for women, indigenous peoples and other vulnerable and marginalized groups are in place in all
government and public services under sectoral legislations.79 The provisions and measures are also applicable to security forces.80 Legal provisions regarding local authorities have laid down concrete provisions for the promotion and participation of people from indigenous communities, minorities and vulnerable groups in the overall governance process. The GoN has submitted a Bill to amend the Local Self Governance Act, 1999, to the Legislature Parliament in order to ensure at least 40 percent representation of women in local bodies.81 The policy on social inclusion has gradually helped increase the participation of IPs, minorities and vulnerable groups.
44. The GoN is strictly implementing inclusive education policy and gender mainstreaming in education. The access to education of girls, Dalit, and PwDs has been enhanced including through scholarships to cover hostel facility, school uniform, educational materials and transportation.82 The SSRP aims to reform the school education programme to increase the access of PwDs.83 As of fiscal year 2010/11, 85,681 children with disabilities have received Rs. 80,595,000 as scholarships. The Scholarships Act, 1965 reserves five percent scholarship quotas for PwDs. For the year 2013/14, the GoN has allocated Rs. 70.4 million to support the education of the PwDs. Likewise, Special Education Policy, 1996, aims to offer special education as an important part of ‘Education For All’ by making the physical environment of schools friendly for children with disabilities. Resource classes are designed and conducted in the school classrooms for children with specific disabilities.84 In addition to this, the GoN has established special schools and resource centres for the children with disabilities.85 Considering the challenges of making classrooms more accessible to PwDs in terms of cost, geographical remoteness, etc., it might require further time to enhance their access to education despite continuous efforts.
45. The National Policy and Plan of Action on Disability, 2006, focuses on raising people's awareness about disabilities with plans to organize national campaigns on this, and to create a positive community attitude towards the PwDs. Moreover, the current 13th development plan outlines the activities for dissemination of information about the Convention on the Rights of Persons with Disabilities (UN CRPD) and its Optional Protocol, and states that development activities will be planned and implemented in line with the said Convention. A high level mechanism has been established under the coordination of the Chief Secretary of the GoN at the Office of the Prime Minister and Council of Ministers (OPMCM) for elimination of discrimination and upliftment and promotion of rights of the PwDs. Coordination mechanisms under the coordination of the Chief District Officer have also been established in all districts. Other social security measures include, Community Based Rehabilitation program86 in all districts, free healthcare services in the government hospitals, and 50 percent rebate in domestic air fare, tax exemption for assistive devices for PwDs and distribution of social security allowance through local authorities.
46. A building Code has been introduced to make public buildings PwDs friendly. The GoN has issued new comprehensive Accessibility Guidelines in consultation with representatives of PwDs, amongst others.87 Discrimination against the PwDs in recruitment and promotion in government and public services has been prohibited. The MoHP has produced various audio and visual programmes to raise awareness on leprosy, polio, HIV/AIDS and other diseases that may cause disability. The MoHP has been implementing a National Childhood Disability Management Strategy since 2007. It primarily aims at providing rehabilitation services and medical treatment at the community level and preventing childhood disabilities. A National Rehabilitation Centre has been established in the capital for treatment, rehabilitation, orthosis and prosthesis for conflict affected PwDs.
The Regional Level Rehabilitation Centres are providing the required assistive devices and rehabilitation services to the PwDs. In addition to this, the GoN is implementing specific
programmes for the PwDs.88 Similarly, the GoN is in process of revising Protection and Welfare of the Disabled Persons Act, 1982 to make it fully compatible with UN CRPD.
Elimination of racial discrimination
8947. The Constitution ensures freedom from all forms of discrimination. The Caste based Discrimination and Untouchability (Offence and Punishment) Act has been operational since 2011.90 For the full implementation of the Act, the GoN has initiated drafting an integrated Plan of Action, 2015, and to comply with the policy of zero tolerance on caste based discrimination and untouchability, MoHA has directed all District Administration Offices and Regional Administration Offices towards this end. Also, district level coordination committees are formed and activated. Each District Administration Office has been reporting to the MoHA on actions against discrimination on a monthly basis. The victims of caste based discrimination and untouchability are immediately rescued and prompt actions are taken against the perpetrators. National Dalit Commission in coordination with other NHRIs and the GoN has initiated joint monitoring of the cases of caste-based discrimination and untouchability and awareness raising programmes. In accordance with the policy of inclusion, a nine percent quota for dalits has been allocated in the public service.91 Inter-caste marriage between dalit and non-dalit is being promoted by providing 100,000 rupees to the couple. The GoN has been providing free legal aid service through district courts to the economically disadvantaged dalits.92 The GoN has planned to systematically register the dalit caste groups and facilitate research on the marginalized groups such as Mushahar, Dom, Badi, Gandharbha etc. which are in the danger of extinction. The GoN is making efforts to formulate Rules for the effective implementation of the Act. The data show that from 2011 to August 2014, 22 cases on caste-based discrimination have been brought to the court.93 Despite the incessant efforts of the GoN, ending the ill practices of discrimination is still a challenge.
48. District Administration Offices have been providing ID cards and citizenship certificates to people from the Badi community and their children on the basis of their mother’s citizenship. The perpetrators practicing untouchability against dalits have been investigated and prosecuted, and this has helped decrease the ill practice. A high level mechanism has been established under the coordination of the Chief Secretary at the OPMCM for the elimination of caste based discrimination and promotion of the rights of dalits.
49. The GoN plans to construct a well-equipped ‘Multipurpose Inclusive Building’ for the offices of the Commissions, Foundations and Boards94 that have been established for the promotion of inclusive development.
Anti-Torture Legislation and Extrajudicial Killings (EJK)
9550. The Constitution and Torture Related Compensation Act, 1996 and other sectoral legislations96 prohibit all kinds of torture for any purpose. No prevailing laws of Nepal grants immunity to anyone in case of torture. The GoN is making efforts to make domestic legislations more compatible with the CAT. A separate Bill to criminalize all forms of torture and ill treatment has been submitted to the Legislature Parliament. Similarly, a Bill on Penal Code provides preventive, punitive and protective measures against torture and ill treatment.
51. The security forces and law enforcement agencies follow the policy of zero tolerance against torture and security personnel receive training on human rights on a regular basis. So far, internal departmental action has been taken against 62 personnel of
Nepal Police who have been involved in committing torture. A Coordination Committee under the Attorney General has been constituted to ensure humane treatment for detainees.
EJK is serious criminal offence under the domestic legislation. The mechanism on investigation, prosecution and adjudication of cases related to EJK is in place. The GoN is committed to taking actions against those who are indulged in the allegation of the EJK.
Human trafficking and transportation
9752. The GoN has constituted a national committee at the central level and district committees in all districts for effective implementation of the Human Trafficking and Transportation (Control) Act, 2007. The law enforcement agencies are taking action against the perpetrators. The victims are entitled to a reasonable compensation, restitution, rehabilitation, economic support and psychosocial counselling service under the Act.
Different programmes and a plan of action have been implemented for the effective enforcement of the Act. The Guidelines to Control Sexual Exploitation of Women Workers in Dance Restaurants and Bars also address the issue of sexual abuse. Likewise, Immigration Act, 1992, Foreign Employment Act and Regulation, 2007, have been operationalized. The GoN is implementing National Plan of Action against Human Trafficking, 2011–2021. The Plan prioritizes five specific areas including prevention, protection, prosecution, punishment and capacity development of concerned institutions.
The GoN is working in coordination with the NWC which is implementing various programmes for prevention and monitoring as well as supporting the GoN in combating human trafficking. Inter-ministerial communication has been improved. The NWC is conducting awareness raising activities through mass media and workshops at local level on women’s rights including violence against women, labour migration and trafficking.
53. Fast track court proceedings are applied in the cases of human trafficking and sexual abuse as provided in the District Court Rules, 1995. The GoN has launched various programmes against human trafficking in coordination with CSOs, a fund for rehabilitation of survivors of human trafficking has been established in each district and rehabilitation homes/centres have been established in eight districts98 for the survivors/affected persons of human trafficking.99 Investigation procedures for human trafficking issues have been incorporated in the training curricula of Nepal Police. Nepal Police Academy has conducted training program on investigation procedures of human trafficking issues for Police personnel, and prosecutors and judges have received regular training through Judicial Academy.
Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CoIDP)
10054. The TRC and the CoIDP have been established under the relevant Act.101 The Commissions have already initiated their work independently and are in process of framing their rules, working guidelines and manuals for smooth functioning. The Act aims at enhancing greater national unity and reconciliation without deviating from the principles of fundamental human rights. Moreover, the regular court system has been dealing with some of the emblematic cases from the armed conflict period. With the verdict of the Supreme Court in the case of Suman Adhikari vs. the GoN, the transitional justice mechanism established by the Act has been empowered to undertake independent and thorough investigations into alleged conflict related cases of human rights violations and to hold the perpetrators accountable.
Accountability of law enforcement authorities; establishment of Police Service Commission
10255. The national legal system provides adequate provisions to conduct fair and independent investigations and to prosecute those involved in criminal offences without any undue pressure and prejudices. Law enforcement agencies including the security forces receive training on human rights issues.103 Such agencies follow the policy of zero tolerance against human rights violations. The Office of the Attorney General, the NHRC and human rights activists are monitoring places of custody and prisons where detainees have been deprived of the enjoyment of constitutional and legal rights. As directed by the Supreme Court, the Army Act, 2007 is under review by the Ministry of Defence. In order to prevent human rights violations within security forces, Nepal Police, Armed Police Force and Nepal Army have established a separate mechanism within the organization. Moreover, the investigation committee under Section 62(1) of the Army Act has special powers to investigate human rights violations. Thus, no domestic legal provision provides for the advantage of immunity to the security personnel and law enforcement authorities.
56. Police Service Commission has already been constituted under the Armed Police Force Act, 1999 and the GoN is in the process of establishing independent Police Service Commission for Nepal Police through replacing the existing Police Act, 1955. New Police Rules, 2014 provides for fair recruitment, transfer and promotion system in Nepal Police.
The Public Service Commission is involved in the recruitment and promotion process of the Nepal Police.
Speedy justice
10457. The Supreme Court has been implementing Strategic Action Plan since 2004 to reduce the case backlog and to deliver prompt justice. Now it is implementing the third Strategic Action Plan, 2014–2019, which has established Justice Sector Coordination Committees from centre to district level.105 Furthermore, case flow management and information technology have been applied in all tiers of the Court. The concept of continuous hearing in specific types of cases, court referred mediation and community- based mediations have been practiced. Special campaigns for the execution of court judgment have been initiated as pilot project. The administration of justice Act, 1992, has been amended for judicial decentralization and reduction of the case volume at the Supreme Court. The case backlog is gradually decreasing in all the courts.
Implementation of the treaty body obligations and UPR recommendations and cooperation with the United Nations
10658. Continuous engagement with the UN system and other international organizations for the protection and promotion of human rights is cardinal policy of the GoN. Nepal has been working closely with the UN human rights mechanisms by extending invitations to the UN human rights mandate holders under special procedures to visit Nepal at different times. Since 1996, ten different special procedure/mandate holders have visited Nepal. The GoN has established a mechanism at the OPMCM to respond to such mandate holders' requests to visit Nepal to ensure productive collaboration with mandate holders. The GoN considers responding positively to the requests of country visits.
59. The GoN continues to engage in constructive dialogue with all stakeholders in the preparation of the UPR report and the Action Plan for the implementation of the UPR recommendations. The Plan has been reviewed and the progress reports have been published and disseminated. The activities identified by the Plan are being streamlined with
the plan of activities under the NHRAP and other sectoral action plans. The mechanism established for the coordination of implementation of UPR recommendations with the participation of relevant government agencies has been holding its meetings periodically to review the achievements of the Plan of Action. At the same time, the NHRC has been strengthened to monitor the implementation of UPR recommendations. A Steering Committee has been established at the OPMCM to monitor the implementation status. The GoN has communicated its response to the treaty bodies and other UN mechanisms in a timely manner.
Enforced disappearances
10760. The GoN is in the process of drafting separate legislation to criminalize enforced disappearances as per the directive order of the Supreme Court. Enforced disappearance is listed as a serious violation of human rights108 and as a criminal offence under the Section 62 of the Army Act, 2007. Furthermore, the proposed Penal Code has a specific provision to criminalize enforced disappearance. The GoN is preparing to develop the necessary infrastructure for joining the CED.
Women and children
10961. The GoN has taken a number of policy, legal, institutional and programmatic measures to ensure gender justice and equality. The GoN is implementing National Strategy and Action Plan on Gender Empowerment and elimination of Gender Based Violence (2013–2018) as an umbrella policy, and other sectoral policies on women's rights. Domestic Violence (Crime and Punishment) Act, 2009, and its Regulation, 2010 are being enforced.
Amendment Bills to eliminate Gender Based Violence (GBV)110 and Witch Craft (Crime and Punishment) have been tabled at the Legislature Parliament. Single Women Security Fund (utilization) Regulation, 2013 and Sexual Harassment at Workplace (Control) Act, 2014 have been enacted.
62. The GoN has continuously been raising awareness against the harmful cultural practices such as dowry, child marriage and witchcraft throughout the country. The OPMCM has established a Gender Empowerment and Coordination Unit.111 District Coordination Committees for gender empowerment have been established in all districts.
The GoN has established a gender based violence alleviation fund in all districts, hospital based one stop crisis management centres and service centres in 17 districts112 and rehabilitation centres in eight districts113 in order to take preventive action and provide urgent service and support to the victims of GBV. Nepal Police has a Women and Children Service Directorate at its Headquarter, Women and Children Service Cells in all 75 district offices. Separate buildings are constructed for Women and Children Service Cells in 24 districts and 240 new positions have been created across the country to focus on GBV issues. For the purpose of preventing violence against women and children, the National Child Welfare Committee has established Child Help Lines in 14 districts and Women Service Centres in 15 districts aiming at extending them to all 75 districts. The NWC has established women’s rights monitoring networks at the national and district levels. It has been organizing various campaigns, providing free legal aid and counselling service to the targeted group of women. The government institutions have been working in collaboration with NHRIs. The affirmative actions, quotas, targeted programmes and other support launched by the GoN have brought progressive changes to empower women in social, economic and political fields significantly since 2007.114
63. Currently, the representation of women in civil service is 15.3 percent. It is 5.8 percent in Nepal Police, 2.58 in Nepal Army, 3.4 in Armed Police Force and 1.76 in the
judiciary. To encourage women’s entry into public services, the GoN is implementing various programmes that empower women in terms of education, health and other services targeting marginalized communities and a Gender and Social Inclusion Strategy is being mainstreamed in all the ministries. A comparison of Gender Development Index (GDI)115 values of different times shows consistent progress both at national and local levels.
64. In the fiscal year 2014/15, the budget for promoting gender equality and women's empowerment was increased to 21.93 percent (i.e. NRs. 135.65 billion) of the total budget.
Likewise, as per the Local Authorities Resource Mobilization and Management Guidelines, 2012, local authorities have been allocating 10 percent of their capital budget to the programmes targeted at marginalized women and children. To increase the access of women to land, the GoN has introduced a provision of providing 30 percent rebate in land registration fees when registering the land in the name of a woman or jointly in the name of a couple. The Gender Inequality Index has been declined from 0.558 in 2011 to 0.485 in 2013.116 GBV has been declared a criminal offence and the GoN has pursued a zero tolerance policy against it. Fast track court proceedings have been introduced since 2010 under the District Court Rules, 1995, in cases involving women and children.117
65. Some domestic legislations including General Code, 1963, Human Trafficking and Transportation (Control) Act, and Domestic Violence (Crime and Punishment) Act provide for compensation to the victims of GBV. Legal awareness campaigns have been conducted by government agencies. Because of the growing awareness, the number of complaints on GBV lodged with Nepal Police has increased significantly.118
66. The GoN is implementing the National Action Plan for Children (2005–2015) and plans to revise it to address the issues of child sexual exploitation, abuse and violence. The Ministry of Federal Affairs and Local Development (MoFALD) is implementing the Child Friendly Local Governance programme through which one VDC and one municipality have been declared as child friendly. A new Children Bill has been drafted for the full compliance with the CRC. Moreover, National Children Policy, 2012 incorporates measures related to survival, protection, development and participation of children.119 67. Pursuant to the CEDAW Committee's recommendations, the GoN together with NWC has prepared a Bill to criminalize all kinds of harmful practices that foster gender violence. The Bill identifies 62 types of harmful practices including Chhaupadi, Deuki, Badi and Jhuma. Government agencies are organizing awareness raising programmes against these practices. As per the directive of the Supreme Court, the GoN promulgated Guidelines in 2008 to eradicate Chhaupadi. The number of girls attending school during menstruation has significantly increased and the number of dedicated ‘Chhaupadi goths’
has decreased. The GoN has established the Badi Community Upliftment and Development Board for empowerment and protection of the Badi community.
Rehabilitation and reintegration of ex-combatants and minors
12068. The National Children Policy, 2012, prohibits the use of children in armed conflict.
The Army Rules, 2013, sets 18 years as the minimum age for recruitment to the Nepal Army.121 Among the verified combatants, 1,460 were integrated into the Nepal Army, 6 received rehabilitation packages and 15,585 chose volunteer retirement. 4,008 ineligible combatants (minors and late recruits) through the UNMIN verification were discharged from the Maoist cantonments in 2009. Among them, 2,973 were minors. The discharged child soldiers received interim relief followed by reintegration support such as education, vocational training, and psychosocial counselling. The reintegration support programmes are run by different agencies to meet the demand of the discharged child soldiers.
Child abuse, sexual exploitation and child labour
12269. Child Labour (Prohibition and Regulation) Act, 2000, Child Labour (Prohibition and Regulation) Rules, 2006, Labour Act, 1992, Labour Rules, 1993, National Master Plan Relating to Children, 2004–2014 and a National Master Plan on Elimination of Child Labour, 2011–2020, are put in place to prohibit child abuse and child labour. A list of hazardous labour sectors for children is published and such sectors are prohibited for children in accordance with the domestic legislation and ILO standards.123
70. The National Children Policy, 2012, prohibits the use of children in armed conflict and hazardous forms of labour and adopts policy to make such acts punishable by law. The GoN has mobilized MoLE, Central Child Welfare Board, District Child Welfare Boards and local authorities to monitor the child labour situation, de-motivate the use of child labour, and rehabilitate the rescued child labourers. The protection of children, monitoring the use of child labour in factories, penalizing the factories which employ children and rescuing and rehabilitating the children have been carried out through the structures. The GoN is implementing a plan with the aim to eliminate the worst forms of child labour by 2016 and all forms of child labour by 2020 including elimination of child labour in the informal sector. Preventive initiatives, various awareness raising programmes124 have been implemented.
71. The GoN has been increasing vigilance against Kamlari system and the concerned agencies have intensified targeted and affirmative actions in the areas that have frequently reported such incidents. In June 2013, it made a ten point commitment to bringing an end to the Kamlari practice which is perceived to exist in some parts of the country despite prohibition.
72. Nepal Police has established a Child Search and Rescue Centre in Kathmandu which provides 24 hour service. The MoHA and Nepal Police have also been using means of Radio/Television for search and rescue of missing Children.
Juvenile Justice System
12573. The Children Act, 1992, and its Rules, 1995, and Juvenile Justice Procedural Rules, 2007, provide basic standards dealing with juvenile cases. Investigation and Prosecution Guide, 2009 on Juvenile Justice for government attorneys has been issued. Child correction homes have been established with minimum standards for child care in three regions and the GoN is building the homes in two more regions, with plan to expand it in all the development regions.126 In line with the spirit of Juvenile Justice (Procedural) Rules, 2007, children are handed over to respective parents/guardians on condition of producing him or her before the court as deemed necessary. A Juvenile Justice Coordination Committee (JJCC) has been constituted at central level. The GoN has been strengthening juvenile justice system in the country in line with international human rights standards for which a joint programme of the Ministry of Women, Children and Social Welfare and JJCC is being implemented in 64 districts where a “juvenile bench” has been established. The GoN is planning to constitute “juvenile benches” in the remaining districts.
Sexual orientation and gender identity
12774. As per the Supreme Court’s order128, the members of the LGBTI community have been receiving citizenship certificate and passport with their identity as per the amended citizenship rules, 2008, and Passport Rules, 2010. The Central Bureau of Statistics officially recognized a third gender in addition to male and female for the first time in
national census, 2011. The GoN has been considering the report submitted by a Committee constituted as per the directive order of the Supreme Court for further identification and protection of the rights of the LGBTI. The domestic legislation of Nepal prohibits discrimination of any kind including on the ground of sexual orientation and identity. The GoN respects the rights and freedom of the LGBTI community guaranteed by the Constitution and laws, and is fully committed to ending de-facto discrimination against LGBTI community.
National Human Rights Institutions (NHRIs)
12975. The GoN has always been supportive to provide budget and resources for the smooth functioning of the NHRIs.130 The NHRC enjoys structural, functional and financial independence in line with the Paris Principles and have maintained 'A' status.131 The GoN has gradually implemented the recommendations of the NHRC. The independence and autonomy of the NHRC guaranteed by the constitution are further elaborated by the NHRC Act, 2012. The constitutional mandate and jurisdiction of the NHRC are not restricted by the Act. Furthermore, separate financial rules for the Commission have been approved by the Ministry of Finance for ensuring its financial autonomy. Importantly, Human Rights Service Bill for the NHRC has been approved in principle by the Cabinet.132 The GoN is committed to extending its full support for the smooth functioning of the NHRIs. Pursuant to the judgment of the Supreme Court133, the GoN is in the process of submitting an amendment bill to the NHRC Act in the Legislature Parliament.
Achievements, good practices and challenges
Achievements
Major accomplishment of the peace process
76. The unique peace process of Nepal that started in 2006 with the signing of the Comprehensive Peace Agreement is near a logical conclusion. The process of integration of Maoist Combatants into Nepal Army and management of arms and verified Maoist combatants has been completed. The GoN has been providing financial and non-financial reparation and relief to conflict victims through different mechanisms from the centre to the grass roots. The constitution making process has further expedited after the approval of the preliminary draft of new constitution. The draft is disseminated to get feedback from the people.
Establishment of transitional justice mechanism
77. As per the Act on the Commission on Investigation of Enforced Disappeared Persons, and Truth and Reconciliation, 2014, two commissions134 have been constituted to address the violations of human rights by both State and non-state actors during the armed conflict, and to ensure justice for victims in line with Nepal's national and international commitments. The Commissions have already started their work. The Commissions are competent and independent to investigate all conflict related cases and to recommend to the concerned authorities to take action on prosecution against the perpetrators, providing adequate reparation to the victims and overall institutional reform.
Human rights as a cardinal principle of governance and development plans
78. Protection and promotion of human rights have become a national policy and priority of the GoN. The governance and development activities are guided by the rights
