Introduction |
Nepal was an absolute monarchy until 1990, when the King promised to carry out a series of very significant political reforms which introduced a parliamentary monarchy. Between 1996 and 2006, the country was immersed in a civil war between the army and a violent insurgence led by the Communist Party of Nepal (Maoists) which claimed the lives of hundreds of people. For most of the conflict, the Maoists controlled the rural areas, which make up 80% of the country, while the Government retained control of the seat of each one of the 75 districts of Nepal, where the administration and security forces were based. While the disappearances perpetrated by the National Police and the Armed Police Force began in the first stages of the conflict, the participation of the Royal Nepalese Army (RNA) significantly increased both the total number of victims of the conflict and the number of forced disappearances. The insurgent groups were also responsible for serious abuses and rapes.
The Comprehensive Peace Agreement (CPA) signed in 2006 also indicated the end of the monarchy and the establishment of a federal republic which was an officially secular regime. In reality, the monarchy had died before the end of the war, when in April 2006 a popular uprising obliged king Gyanendra to make democratic concessions. However, Gyanendra would be on the throne until May 2008. Since then, there has been a succession of short and unstable governments, including a government led by the Maoist leader, Pachandra. Tense situations between the main political parties are common.
The Constituent Assembly of 601 members, which has been in session since 2008, has still not finished writing the new political Constitution for the country. It is hoped that the new constitutional provisions will reflect the result of the dialogues and debates held, that they will include the reorganisation of the State's limits with regard to its ethnic, cultural, historical and economical characteristics, new economic, social and cultural rights, new electoral systems and affirmative actions for marginalised groups. Similarly, women will be guaranteed 33% of representation in the new Parliament.
Nepal's political parties avoided a new crisis on 28 May 2011 when reaching a last-minute agreement which postponed the deadline for the presentation of the new Constitution. Prime Minister Jhalanath Khanal decided to resign as part of the deal. The rival parties agreed to present the new Constitution project over a period of three months and to respond to questions about the fate of 19,000 ex-Maoist combatants. One of the greatest obstacles to full pacification of the country is the unresolved destiny of the ex-Maoist combatants who live in camps throughout the country. In virtue of the peace agreement, many combatants should be integrated into Nepal's security forces, but the parties have not been able to agree the details.
At present there is a huge debate regarding the injustices of the past, responsibility for the mass rapes and the way justice works. As required in the CPA, the government produced a legislative draft for a Truth Commission and a Commission on Disappearances respectively in 2008, within the framework known as Transitional Justice, to reach a series of objectives regarding violations of human rights and international humanitarian laws. Although none of the mechanisms have been adopted, the debate has mobilised the interest of civil society.
Discrimination on the basis of race, sex, caste and ideology is formally prohibited, but it subsists in numerous practices. In May 2011, the legislature of Nepal approved a legal project on discrimination based on caste, designed to put an end to discriminatory practices directed at members of the lowest castes, known as "Dalits or untouchables". It took two years for the law to be approved. The new legislation prohibits such discrimination and abuse of the "untouchables" in the public and private spheres, it provides greater punishment for officials guilty of discrimination, it criminalises inciting caste-based discrimination and compensates the victims of the perpetrators of these acts. The "Dalits" represent approximately 20% of the country's population and suffer great discrimination in education and employment. Particularly in Western Nepal, the least developed area of the country, "Dalit" women and children suffer economic, physical, cultural and psychological violence.
The law provides the right to information, other than to material deemed secret, but requests are not always met. Freedom of expression and of the press suffers limitations. The Nepalese media has suffered a series of threats, attacks, intimidations and obstructions throughout 2010. Press and media workers face serious difficulties when they try to exercise freely the right to freedom of expression. Many choose self-censorship to safeguard their personal safety.
The government has developed a national plan of action against people trafficking, but women and children are victims of trafficking for sexual exploitation and forced labour. Trafficking of human beings is still one of the main forms of violating the human rights of women and children in this country. There is confusing data on the number of women and child victims of trafficking in Nepal. However, there is evidence which suggests that trafficking of human beings is a serious problem and that the trend is on the increase.
Since the first case of AIDS was reported in Nepal, in 1988, HIV/AIDS has evolved from a "low-level" epidemic to a "concentrated" epidemic in the country. According to the 2010 UNAIDS report on the global AIDS epidemic , it is estimated that at the end of 2009, 64,000 adults and children were living with the virus, of which 20,000 were women over 15 years old. Furthermore, around 4,800 people were recorded as having AIDS and there were 4,700 deaths due to the epidemic. In December 2010, a total of 17,058 new cases had been reported to the National Centre for AIDS and Sexually Transmitted Disease Control (NCASC). The ratio between people living with HIV/AIDS was three men for every woman. Almost 50% of HIV infections were recorded throughout the districts where the country's main roads are situated. 50% of the women rescued from the hands of traffickers and repatriated to Nepal are infected with HIV.
Homosexuality is not classed as a crime, but the police have been accused of harassment and abuse of homosexuals.
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Gender Equality
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The law provides the principle of equal pay for a job of equal value or equivalent value, but this is not enforced in practice. Legal experts report that in Nepal there are more than 50 laws discriminating against women. Religious and cultural traditions and lack of education limit women's right to vote or to own property, although unmarried, widowed and divorced women may inherit. Nepalese women married to foreigners may not confer citizenship on their children. The literacy rate among women is 43%, as opposed 65% among men. Girls are considered to be an asset that is exchanged for another at the time of marriage. To counter the negative stereotype of girls, a government programme provides rice to any family that has recently had a girl. The law now prohibits marriage for girls under 18, but underage marriage remains common. Domestic violence is a serious social problem. The tradition of dowry payment is common in areas bordering India, and according to reports, physical abuse of the woman is normally employed to assure payment. Elderly rural women and widows are often considered to be witches, to be beaten and physically abused as part of the exorcism.
The measures adopted to eradicate violence against women in 2010 had little visible impact. In the first six months of the year, more than 300 cases of domestic violence in the Kathmandu Valley alone were reported to the police; many more went unreported for fear of reprisals, due to lack of confidence in the authorities and persistent impunity. Women accused of witchcraft (generally poor, isolated or "untouchables-Dalit") were assaulted and tortured by members of their community. The laws are weak and the police indifferent, which hinder judgment in cases of domestic and sexual violence. At the start of 2010, in the district of Siraha, where a rape occurred, the men of the village prevented officials from the women's rehabilitation centre and the women's witnesses from coming to Court to testify; the accused was declared innocent.
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Trade Union Rights
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Workers have the right to form and join trade unions. The three largest trade unions are affiliated to political parties. The Civil Service Act prohibits government employees from forming a workers confederation, although they may organise by profession, as teachers are similarly organised. The unions may join international labour federations. Approximately 10% of workers in the formal sector are unionised. The workers have the right to strike, except those providing basic services. The government may suspend a strike if it disturbs the peace or affects the nation's economic interests. Forced or compulsory labour is prohibited, but the reports indicate that it does exist. The Kamaiya Prohibition Act, which aims to integrate bonded labourers, is enforced very irregularly and with limited effects. The ILO points out that the 14,000 people registered under the Act as bonded labourers have not received the land or money promised as part of the programme. The minimum salary does not enable a decent standard of living for a worker and family. Wages in the informal sector and in agriculture are as much as 50% lower than the formal sector minimum. The law calls for a 48-hour working week.
In July 2009, the pressure exerted by the trade union movement and the ILO led to a commitment by important Nepalese political figures in favour of ratification of the ILO Convention No. 87 on trade union freedom and the protection of trade union rights. However, up until June 2011, that ratification commitment has not been met.
Lack of collective bargaining: In practice collective bargaining is not common, which is due in part to the workers' lack of experience but also to the reluctance of employers, along with the obstacles to being able to strike. The large number of existing trade unions restricts the scarce bargaining power of workers even further. The collective agreements only cover a small percentage of labour in the formal economy.
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Footnotes
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State of World Population 2010. "From conflicts and crises towards renewal: generations of change" UNFPA, November 2010, www.unfpa.org (Spanish)
"UN welcomes new law on caste-based discrimination" UN News Centre, 25th May 2011
UNAIDS, www.unaids.org
UNESCO, follow-up Report on Education for All 2011, "The hidden crisis: Armed conflict and education" www.unesco.org
UN High Commissioner for Refugees UNHCR, Nepal: Country report 2010, www.unhcr.org
International Union Confederation, Annual Report on the violations of trade union rights 2010, www.ituc-csi.org
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