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Nepal - Twenty Third Session - 2015
Wednesday 4 November 2015, 14:30 - 18:00
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National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendation
National Report
Follow-up of the recommendations
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 support and is working to prepare legislation on employment.
Right to education
23. 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. 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 increased 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.
Right to health
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.
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
33. 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. 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. Furthermore, the security forces have prepared handbooks and manuals on basic human rights. Till date, over 7,300 police personnel and 47,619 army personnel have received specific training on human rights and humanitarian law. Moreover, all the basic courses run by the security forces include curriculum on human rights and humanitarian law.
Food safety
35. 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. The Division has initiated an Agriculture and Food Security Programme covering 19 districts of mid and far western development regions.
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. In addition to this, the GoN has established special schools and resource centres for the children with disabilities. 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.
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. 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. 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.
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.
Women and children
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.
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.
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.
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
68. 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. 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
69. 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.
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
73. 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.
Policy, legal and justice sector reform
79. Policy and legal reform136 has been a continuous process to effectively address the State's obligations on human rights. In policy sector, five-year national plans on human rights, gender empowerment, children policy and national health policy are some notable policy instruments introduced during this reporting period. The policy and legal reform have made the domestic legal system more compatible with international standards.
Good practices
Constitutional recognition of inter-dependence of human rights
83. The constitution recognizes and protects civil, political as well as economic, social and cultural rights as fundamental rights for all. Rights to education, health, employment, social security, among others, are guaranteed by realizing the fact that these basic rights are inevitable for the full enjoyment of civil and political rights. Similarly, collective rights have also been incorporated to address the special needs and interests of the specific communities.
Compilation of UN Information
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
10. The NHRC recommendation to ratify the ICRMW has not been implemented. Reference was made to the number of victims of fraud, unsafe migration, human trafficking and smuggling. There is also a problem in obtaining birth registration and citizenship certificate for children born while in foreign employment.
11. Though the 2011 Domestic Violence Act, Gender-Based Violence Eradication Fund Regulations, National Action Plan on Gender-Based Violence and Security Council Resolutions 1325 and 1820 have been developed, implementation is not satisfactory.
Crimes against women such as setting ablaze, rape, gender selective abortion, suicide are in increasing trend. There are age old social taboos such as child marriage, polygamy, dowry, witchcraft, Chhaupadi, Badi, Deuki, Jhuma and Kamlari. Single women, young girls and girl child are often at risk. The Bill on gender equality and violence against women is still pending in the Parliament. Similarly, the Social Reform Bill tabled in the Parliament fails to address the dowry problems.
12. According to NHRC-NWC-NDC, effective actions are necessary to pass the Act on child rights to prevent violence against children including sexual violence and child labour.
2. Constitutional and legislative framework
34. Christian Solidarity Worldwide (CSW)68 and AI indicated that the new Constitution should protect human rights in a manner fully consistent with international human rights law and standards.69 Several organizations, including ADF International,70 JS19,71 JS16,72 JS9,73 Center for Global Non-killing,74 JS1475 and JS2176 indicated that that the new Constitution should guarantee equality before the law and equal protection of the law, children’s rights, the rights of the Dalit community, the right to a nationality without discrimination, the right to adequate housing, the right to food, the right to peace and the rights of all faiths, particularly minority religions.
35. JS16 called on Nepal expedite the revision of the Children’s Act, laws and policies to ensure compliance with child rights standards.
3. Institutional and human rights infrastructure and policy measures
38. JS3 indicated that several national and international bodies proposed the inclusion of a special mechanism for the protection of the journalists and human rights defenders within the framework of the 2012 NHRC Act, which remained unrealized. CSW recommended Nepal to amend the 2012 NHRC Act to allow cases prior to 2011 to be investigated83 and JS16 to establish a Child Rights Commissioner within the NHRC.
41. JS16 noted the lack of an effective child protection system and data collection system.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
53. JS14 indicated that Dalit, persons with disabilities, former bonded labourers, indigenous peoples and Muslims continue to live on the margins of society. Women and children belonging to these groups face double marginalization.
56. HRW indicated that citizenship law should be amended to allow citizenship through either parent. JS9 recommended repealing all discriminatory provisions that prevent women from acquiring, retaining and transferring citizenship; recognising the independent right of each parent to provide citizenship based on lineal descent to their children, and their independent right to confer citizenship to their foreign spouse on equal terms.
57. JS16 noted that only 58.1% of children under 5 years of age have birth certification. JS9 recommended promoting universal birth registration, including children of refugees, foreigners, stateless persons and single mothers and JS16 making birth registration compulsory.
2. Right to life, liberty and security of the person
63. AI recommended ensuring that police provide a safe and confidential environment for women and girls to report incidents of violence, and that all such complaints are recorded and promptly, impartially and effectively investigated.
64. Global Initiative to End All Corporal Punishment of Children (GIEACPC) indicated that Nepal should clearly prohibit all corporal punishment of children in all settings including the home, and formally repeal the defences for its use in the Children Act and the Muluki Ain.
65. CSW indicated that Nepal should enforce the law to prevent child marriages; protect Dalit and low caste girls from early and forced marriage; and ensure that the constitution and laws guarantee all women full freedom to choose their own religious beliefs. JS7 recommended prosecuting child marriage and removing barriers to access legal remedies and redress for victims.
67. JS16156 and SAN indicated that Nepal should amend the existing Child Labour Act to include child labour in the informal sector within the purview of the law and ensure availability of monitoring, inspection and investigation authorities.
3. Administration of justice, including impunity
71. JS16 indicated that the SC recently provided direction to the government to ensure that victims and witnesses of crimes against children are protected. The 2006 Juvenile Justice Procedural Rules has however not been revised to fit the context.
77. ICJ recommended addressing the problems faced by the wives and children of those who were forcibly disappeared when transferring their husbands’ or fathers’ property due to the so called “12-years rule”.
5. Right to work and to just and favourable conditions of work
85. SAN indicated that Nepal supported 2011 UPR recommendations related to workers’ rights. It recommended undertaking a comprehensive review of laws and formulating a labour law in compliance with ILO Conventions, addressing concerns of informal sectors and child labour and; forming a national labour council with representation of employers, governments, trade unions and NGOs.
86. JS20 recommended the adoption of a Youth Employment Policy and Council Act with the aim of creating employment opportunities for youth.
95. AI recommended adopting a strategy to prevent uterine prolapse, including steps to ensure that women and girls know and understand their rights.
8. Right to education
97. JS10 reported that access to free quality and inclusive education has not significantly improved. The growth of unregulated private education threatens access to quality education for socioeconomically disadvantaged children.
98. According to JS6, there are no effective initiatives to promote equal opportunities to education for marginalized communities. The dropout rate is high and the multi-lingual education is not effective. Similar concerns were raised by JS8,212 JS16213 and JS19.214 JS16 recommended increasing the budget for education.
99. JS14 recommended adopting a law that makes basic education free and compulsory; and developing curriculum in consultation with students, teachers and parents as well as Muslim community leaders.
100. JS14 recommended implementing a longer-term education plan that clarifies the concept of inclusive education in line with the UNCRPD.217 HRW recommended including disability rights activists in the implementation of inclusive education.
101. JS16 recommended implementing the School as Zone of Peace Guideline to protect school and children from party political use.
9. Persons with disabilities
102. According to JS18220 and JS19, 221 persons with disabilities face multiple forms of discrimination. JS19 recommended ensuring that all persons with disabilities are given first priority in accessing services, education, identity cards and social security schemes.
11. Migrants, refugees and asylum seekers
107. AI recommended investigating officials and civilians complicit in forging documents for the purposes of migrant work by children under 16 and initiating a rigorous system of screening minors requesting passports.
108. Reporting on the situation of Tibetans living in Nepal, JS11 recommended issuing and renewing refugee identification certificates (RCs) to all eligible Tibetans and their children; reforming Article 14.2 of the Immigration Act of 1992 to clearly define what is “detrimental to the national interest” and therefore that which would justify denying the entry, stay or departure of a foreigner in Nepal; putting into practice the program to resettle certain refugees and; ensuring their rights to practice and manifest their religion, and to participate in Tibetan cultural events.
Stakeholder Information
I. Background and framework
A. Scope of international obligations
International human rights treaties
7. The Committee on the Rights of the Child urged Nepal to ratify the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.
8. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child urged Nepal to ratify the Palermo Protocol.
10. The United Nations Educational, Scientific and Cultural Organization (UNESCO) strongly encouraged Nepal to ratify the Convention against Discrimination in Education.
B. Constitutional and legislative framework
16. The country team recommended bringing the criminal and civil codes and the Children’s Bill into full compliance with international human rights law.
17. The Committee on the Rights of the Child urged Nepal to speed up the revision of the Children’s Act,43 and set clear procedures for the identification, reporting, referral, investigation, treatment and coordination of cases of child victims of sale of children, child prostitution and child pornography.
C. Institutional and human rights infrastructure and policy measures
Status of national human rights institutions
22. The country team indicated that there was no specialized mechanism responsible for independent child rights monitoring.
24. UNESCO recommended encouraging Nepal to further provide human rights education, especially for its military and law enforcement officers.
B. Right to life, liberty and security of person
38. The Committee on Economic, Social and Cultural Rights and other treaty bodies were concerned about prevalent gender-based violence, particularly among the Dalit. The Human Rights Committee regretted the trend of settlement of rape cases through informal justice mechanisms. The Committee on the Rights of the Child was concerned at inadequate protection of victims under the 2009 Domestic Violence Control and Punishment Act.The Committee on Economic, Social and Cultural Rights recommended enforcing legislation, investigating cases of gender-based violence and prosecuting the perpetrators, facilitating access to justice for victims and increasing awareness-raising campaigns. The Human Rights Committee recommended ensuring access to remedies and protection for victims.1 The country team recommended developing a nationwide data collection system and initiating a fast-track court system.1
40. The Committee on Economic, Social and Cultural Rights was concerned that women and girls, particularly those of Dalit origin, suffered from harmful traditional practices such as boxi (witchcraft), deuki (offering girls to deities to fulfil religious obligations), jhumas (offering young girls to Buddhist monasteries to perform religious functions), kamlari (offering girls to landlord families for domestic work), chapaudi (isolating menstruating girls) and badi (widespread practice of prostitution). It urged Nepal to investigate cases involving such practices and punish those responsible, provide protection and rehabilitation to victims and expedite the adoption of the bill to criminalize harmful practices.The Committee on the Elimination of Discrimination against Women was concerned about the dowry system, son preference and polygamy, and recommended strengthening awareness- raising.
41. The Committee on the Rights of the Child was concerned about prevalent early and forced marriage, which in the case of dhan khaane, which involved parents receiving money for the solemnization of the marriage of their children, amounted to the sale of children. The Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child urged implementation of laws prohibiting child marriage. The Committee on Economic, Social and Cultural Rights114 and the country team recommended implementing the national strategy on ending child marriage.
43. The Human Rights Committee expressed concern at the persistence of trafficking for sexual exploitation, forced labour, bonded labour, domestic servitude and marriage; trafficking in human organs; and the alleged involvement of State officials in trafficking- related crimes. It recommended that Nepal implement the 2007 Human Trafficking and Transportation (Control) Act. The Committee on Economic, Social and Cultural Rights expressed concern at the high number of children being trafficked, and urged Nepal to investigate cases, prosecute traffickers and provide rehabilitation and reparation to victims. The Committee on the Elimination of Discrimination against Women was concerned about the persistence of sexual exploitation, particularly among the Dalit community.
44. The Committee on the Rights of the Child was concerned about the high incidence of child sexual abuse in the home and in educational facilities; numerous cases of children being sexually exploited by foreign paedophiles; that child victims of sexual exploitation risked being arrested; limited measures taken to rescue children from prostitution places; and that existing laws, policies and programmes were insufficient to address the root causes of and contributing factors to the sale of children, child prostitution and child pornography. It urged Nepal to eliminate child sex tourism and address child sexual abuse. While welcoming the establishment of the Emergency Children Rescue Fund, the Committee also urged Nepal to take measures for the recovery and social reintegration of child victims.
45. The Committee was also concerned about the trafficking and smuggling of babies, and children abused by foreign paedophiles, who ran so-called orphanages and street shelters. It urged Nepal to urgently review procedures for domestic and intercountry adoption.
47. The Committee on the Rights of the Child urged Nepal to provide children living on the street with adequate and secure shelter, health care, education and clothing.
48. The Committee indicated that Nepal had not adopted legislation prohibiting and criminalizing the recruitment and use of children in armed conflict.
52. The Committee further expressed concern at the low age of criminal responsibility (10 years) and the systematic failure to accord children the right to a fair trial with age- appropriate procedural guarantees. It recommended that Nepal establish an independent juvenile court. The country team recommended increasing the minimum age of criminal responsibility, clearly defining and applying child-friendly procedures, introducing effective age verification measures and ensuring protection for victims of and witnesses to crime, particularly children.
D. Right to privacy, marriage and family life
55. The Human Rights Committee recommended amending the Birth, Death and Other Personal Incidents Registration Act and establishing a free-of-charge registration system for all children born on its territory.
59. The country team recommended ensuring the right of a child to grow up in a family- like environment.
E. Freedom of religion or belief, expression, association and peaceful assembly, and the right to participate in public and political life
The Human Rights Committee expressed concern at reports that journalists and
human rights defenders were subjected to physical attacks, death threats, harassment and reprisals by security forces, police, armed groups and youth wings of political parties. It recommended guaranteeing, in law and in practice, the right to freedom of expression, and investigating all cases of threats and attacks against journalists and human rights defenders. UNESCO stated that Nepal must ensure that journalists and media workers are able to practise their profession in a free and safe environment.
F. Right to work and to just and favourable conditions of work
71. While welcoming the National Master Plan on the Elimination of Child Labour (2011),181 the Committee on Economic, Social and Cultural Rights was concerned about the high number of children under the minimum age working. It recommended that Nepal enforce legislation prohibiting child labour, facilitate access to education for poor and disadvantaged children and reinforce labour inspections. The Committee on the Elimination of Discrimination against Women was concerned about the high rate of child labour among girls between the ages of 8 and 14.
72. The country team recommended amending the Child Labour Act and the draft Child Labour Elimination Policy to ensure the prohibition and clear definition of all forms of hazardous labour under 18 years of age, and increasing the number of inspectors covering the informal and domestic work sectors.
G. Right to social security and to an adequate standard of living
76. The country team noted that the poor did not have access to safe drinking water and adequate sanitation facilities. The right of children to water, sanitation and hygiene, mainly in schools, remained a major challenge. The country team recommended removing barriers to accessing the water supply, with particular attention to girls and traditionally excluded groups.
77. The Committee on Economic, Social and Cultural Rights recommended that Nepal adopt a comprehensive human-rights-based strategy with a gender dimension to combat hunger and ensure food security. The Committee on the Elimination of Discrimination against Women was concerned about discrimination against girls and women in food distribution within the household.
H. Right to health
78. The Committee on the Elimination of Discrimination against Women was concerned about extremely high maternal mortality and morbidity and recommended prioritizing universal access to contraceptive methods, improving access to abortion services, and taking measures to combat uterine prolapse. The country team recommended ensuring access to quality sexual and reproductive health services for every woman and girl.
80. It further recommended scaling up services to prevent parent-to-child transmission of HIV through improved detection of women living with HIV and provision of antiretroviral therapy to those in need.
I. Right to education
82. The Committee on Economic, Social and Cultural Rights called on Nepal to adopt legislation making primary school compulsory and secondary school free, as well as to provide mother-tongue-based multilingual education and ensure access to schooling in rural areas and for Dalit and indigenous children.
83. The country team recommended that Nepal revise the Education Act and implement the national education equity strategy.
84. The Committee on the Elimination of Discrimination against Women urged Nepal to achieve universal provision of quality education for girls and increase the recruitment of female teachers.
K. Persons with disabilities
86. The country team indicated that there was a lack of credible, disaggregated data on disability. It recommended removing legal and practical barriers (physical infrastructure, widespread stigma, inadequate registration, limited resource allocation and lack of access to inclusive services, including education and employment) for persons with disabilities.
M. Migrants, refugees and asylum seekers
97. The Committee on the Elimination of Discrimination against Women strongly urged that children born in the territory of Nepal who would otherwise be stateless be granted citizenship.
97. The Committee on the Elimination of Discrimination against Women strongly urged that children born in the territory of Nepal who would otherwise be stateless be granted citizenship.
N. Right to development, and environmental issues
99. On 25 April 2015, an earthquake struck Nepal, causing widespread destruction and loss of life. The initial earthquake was followed by aftershocks and another powerful quake on 12 May. As at 25 May, the earthquakes had caused 8,659 deaths and injured over 100,000 people; 384 people were missing and 95,100 people displaced. Fifty-five per cent of those who died were female; early data showed that women and girls were disproportionately affected, depending on their social roles and locations. Many people affected by the disaster are highly vulnerable, based on socioeconomic, language, religious, caste, ethnic and geographic factors. Protection principles and promotion of access, safety and dignity in humanitarian aid are imperative in humanitarian action.
Accepted and Rejected Recomendation
The recommendations formulated during the interactive dialogue/listed below have been examined by Nepal and enjoy the support of Nepal:
121.5 Intensify efforts to adopt a revised Children’s Act that complies with international standards, including provisions on prohibition of all forms of violence against children, and to ensure sufficient budgetary resources to its implementation (Slovakia);
121.6 Amend the existing Child Labour Act to include child labour in the informal sector within the purview of the law (Slovakia);
121.7 Adopt a bill criminalizing harmful cultural practices, and abolish child, early and enforced marriage (Sierra Leone);
121.8 Finalise the revision of child act in order to set up coordination mechanism related to cases of child victims trafficking (Timor-Leste);
121.20 Step up efforts to eliminate gender inequity and implement the national strategy on ending child marriages (Botswana);
121.24 Maintain its resolve to eliminate harmful practices against women and children (Egypt);
121.25 Make increased efforts to introduce and effectively carry out new measures to deal with human trafficking of women and children (Japan);
122.2 Take necessary measures to ensure the guarantee in the Nepal’s Constitution of full equality between men and women with respect to the nationality of their children and in accordance with article 9 (2) of the Convention on the Elimination of All Forms of Discrimination against Women, which Nepal has ratified (Canada);
122.19 Establish a special mechanism responsible for independent child rights monitoring (Estonia);
122.20 Continue its implementation of the national plan of action on the provision of education for all, including for economically disadvantaged social groups (United Arab Emirates);
122.22 Enhance measures on protecting the rights of children, women and other vulnerable groups (Lao People’s Democratic Republic);;
122.24 Implement human rights education programmes for law enforcement officials (Paraguay);
122.29 Partner with States and organizations which have experience working with children affected by armed conflict to develop programmes designed to their need for rehabilitation and integration (Namibia);
122.46 Ensure that the police provide a safe and confidential environment for women and girls to report incidents of violence, including sexual violence and incidents of trafficking, and that all complaints are recorded and effectively investigated (Netherlands);
122.47 Strengthen measures to combat violence against children, particularly with regard to the prevention of early and forced child marriages and child trafficking and in particular through awareness-raising campaigns among families (Belgium);
122.48 Take measures to enforce legislation prohibiting child labour and to facilitate access to education for all children, particularly the poor and disadvantaged (Brazil);
122.49 Enforce legislation prohibiting child labour, facilitate access to education for poor and disadvantaged children and reinforce labour inspections (Slovenia);
122.50 Reinforce and protect the rights of children, in particular by eliminating child labour and facilitating access of poor children to education (Djibouti);
122.51 Give specific attention to the implementation of the plan aimed at eliminating worst form of child labour by 2016 and all forms of child labour by 2020, including prohibiting child labour in the informal sector (Russian Federation);
122.66 Implement special detention and internment centres for boys and girls, with a view to avoiding their future criminalization and to promote the reintegration into society (Chile);
122.70 Implement measures to ensure that the rights to acquire, transfer and retain citizenship are extended equally to all women and their children (New Zealand);
122.90 Continue to implement policy measures to ensure that quality healthcare is accessible to all, particularly women and children (Singapore);
122.93 Further accelerate the efforts aiming at decreasing the infant, child and maternal mortality rates and increasing average life expectancy (Sri Lanka);
122.94 Continue taking action to reduce maternal and infant mortality (Israel);
122.95 Continue to implement measures to ensure all women and girls have equal access to quality sexual and reproductive healthcare (New Zealand);
122.96 Consider drafting a law that makes basic education mandatory and free (Qatar);
122.98 Continue to increase spending on education in order to improve coverage and quality of education with the special attention to the right to education of the vulnerable groups, including poor students, girls and children with disabilities (China);
122.102 Ensure equal access to education for all children (Namibia);
122.104 Ensure equal educational opportunities for all children, including girls and Dalit children, in line with the observations made by the Committee on the Elimination of Discrimination against Women and the Committee on Economic, Social and Cultural Rights (Finland);
122.105 Continue to pursue policies that will increase enrolment in schools of school-going aged children, in particular girls, and children from indigenous communities and minorities (Singapore);
122.106 Continue strengthening successful social policies that promote access to education and health of the people, particularly for women and children (Bolivarian Republic of Venezuela);
122.107 Amend current education policies to ensure an inclusive education system and implement concrete measures to increase the participation of children with disability (Norway);
The recommendations below did not enjoy the support of Nepal and would thus be noted:
124.3 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Slovakia) (Chile) (Montenegro);
124.8 Set up an independent Commission for children and women (India);
124.17 Provide refugees and their families with identification certificates making sure that all children of refugees have access to education, and repeal restrictions on refugees’ rights to own property, to work, to establish and incorporate businesses and to travel freely (Germany);
124.18 Register refugees and provide documentation so they are able to work, access education, and travel (United States of America).
129. With regard to the recommendation noted above in paragraph 124.8, Nepal considers that the National Human Rights Commission is empowered to undertake necessary actions for the protection, promotion and monitoring of child rights situation on the basis of the principle of the best interest of the child. The Government of Nepal views that the establishment of a separate Commission for children will create duplication and coordination problem between the mandates of National Human Rights Institutions. The new Constitution has upgraded National Women Commission as independent constitutional body.
133. With regard to the recommendation noted above in paragraphs 124.17 and 124.18, Nepal states it is not a party to the Refugee Convention and its protocol. However, it has provided temporary shelter to refugees on humanitarian ground. The refugees who enter into Nepal before 1990 had been provided refugee status who are free to enjoy the rights and liberty in accordance with the prevailing laws of Nepal. The Government of Nepal has pursued not to recognize foreigners as refugees. Nevertheless, the Government is effortful to update the records of such foreigners and their children in order to remove difficulties of their children to enjoy right to education.