CIVIL SOCIETY’S ALTERNATE REPORT ON CEDAW CONVENTION 2016

CEDAW Shadow Report Preparation Committee (SRPC), Nepal

Nepal

CIVIL SOCIETY’S ALTERNATE REPORT ON CEDAW COVENTION 2016

CEDAW Shadow Report Preparation Committee (SRPC)

Civil Society Network on CITIZENSHIP RIGHTS

Co-ordinated by

FWLD HRTMCC Supported by UN Women & Government of Denmark CONTENTS

Article 1 – Non discrimination 1

Article 2 – Obligation to Eliminate Discrimination 3

Article 3 – Advancement of Women through Institutions 6

Article 4 – Special Measures for Substantive Equality 9

Article 5 – Sex Role and Stereotyping 12

Article 6 – Prohibition of Trafficking and Prostitution 15

Article 7 – Political and Public Life 18

Article 8 – Women’s International Representation 21

Article 9 – Nationality 27

Article 10 – Education 31

Article 11 – Employment 34

Article 12 – Health 37

Article 13 – Economic and Social Benefits 40

Article 14 – Rural Women 42

Article 15 – Equality Before the Law 44

Article 16 – Marriage and Family Life 46

Emerging Issues

• Women, Peace and Security 48

• Women and Disaster 51

• Women Access to Information 54 Name and Organizations of Writers of Issues

Article Writer Organization

1. Non discrimination Sabin Shrestha/ FWLD Subin Mulmi

2. Obligation to Eliminate Discrimination Purusottam Mishra / CSD Bimala Khadka FWLD

3. Advancement of Women through Institu- Manaslu Gurung/ FWLD tions Roshana Pradhan

4. Special Measures For Substantive Equality Sabin Shrestha/ FWLD Sushma Gautam

5. Sex Role and Stereotyping Meera Dhungana/ FWLD Kamala Panthi Sancharika Samuha

6. Prohibition of Trafficking and Prostitution Uma Tamang/ Maiti Nepal Sabin Gurung AATWIN Benu Maya Gurung/ Meena Bista

7. Political and Public Life Sharmila Karki/ Jagaran Nepal Saloni Singh/ DidiBahini Writu Bhattarai/ Meena Bista

8. Women’s International Representation Salina Joshi FWLD Roshana Pradhan

9. Nationality Tulasa Lata Amatya CAC Nepal Sadhana Shrestha/ LACC Subin Mulmi/ FWLD Sabin Shrestha/ Civil Society Net- work on Citizen- ship Right

10. Women and Education Prativa Shrestha Shtrii Shakti

11. Employment Manju Gurung Pourakhi

12. Health Pema Lhaki NFCC

13. Economic and Social Benefits Shanti Manandhar/ Shtrii Shakti Shreejana Lohani WSD

14. Rural Women Kala Swarnakar/ FEDO Sangita Dutraj/ WHR Rajin Rayamajhi/ AWON Radha Poudel/ Mahesh Shahi Article Writer Organization

15. Equality Before the Law Sharda Subba/ INWOLAG Indira Sirsh/ NDWA Tika Dahal/ FWLD Subin Mulmi

16. Marriage and Family Life Sadhana Shrestha/ LACC Tulsa Lata Amatya/ CAC Nepal Tika Dahal NDWA

Women and Disaster Rajin Rayamajhi/ WHR Sabin Shrestha/ FWLD Manaslu Gurung

Women, Peace and Security Bandana Rana/ SAATHI Purusottam Mishra 1325 Action Group

Women's Access to Right to Information Babita Basnet/ MAG Awantika Thapa Background

Nepal ratified the CEDAW Convention on April 22, 1991. The Convention obliges States parties to submit to the Secretary-General a report on the legislative, judicial, administrative or other measures that they have adopted to implement the Convention within a year after its entry into force and then at least every four years thereafter or whenever the Committee on the CEDAW so requests. These reports, which may indicate factors and difficulties in implementation, are forwarded to the CEDAW for its consideration. However, the initial report of Nepal was submitted only on November 16, 1998. The second and third periodic reports were then submitted on November 26, 2002. The fourth and fifth combined periodic reports were submitted after a significant gap on July, 2009. The Shadow Report on the fourth and fifth periodic report was submitted in 2011. Consequently, the CEDAW Committee considered the issues at its 989th and 990th meetings, and on July 20, 2011, issued the Concluding Observations to the Government of Nepal. The Concluding Observations requested the Government of Nepal to respond to the concerns expressed in its next periodic report and invited the State to submit its next periodic report in July 2015. Additionally, the Committee requested to provide, within two years, written information on the steps undertaken to implement the recommendations contained in paragraph 26 (nationality) and 36 (transitional justice) of the Concluding Observations. The government of Nepal has not obliged to either of the two requests. Considering the vulnerability of women in the aftermath of the earthquake that struck the country on April 25, 2015 and the urgency to implement the new constitution, the Civil Society comprising of more than 50 organizations decided to prepare the Alternate Report on CEDAW in absence of the Sixth Periodic Report of the government. This report has been prepared with the intent to encourage the government to submit the 6th Periodic Report and the Issue wise Report that are due. This report has been prepared in a participatory manner involving coordination from different organizations working on women’s rights sector with Forum for Women, Law and Development (FWLD) acting as the Coordinator. The preparation of this report was supported by UN Women and Government of Denmark. This report includes information on the status and implementation of women’s rights as categorized in Articles 1-16 of CEDAW Convention. Additionally, three issues Women and Disaster; Women, Peace and Security and Women’s Right to Information have been identified as critical issues and thus have been incorporated in this report. This report, while documenting positive implementation of the rights of women also points out the gaps that remain and even mentions some of the regressive steps that have been taken in relation to women’s rights in Nepal. It makes several concrete recommendations that must be addressed in the immediate future if Nepal is to be in complete compliance with CEDAW and its General Recommendations. The Report Writing Process FWLD has been coordinating the Shadow Report Writing Process of CEDAW from the initial report to the combined fourth and fifth Periodic Report. For this purpose FWLD has been working in close collaboration with other civil society organizations to make the report more effective. FWLD thus, conducted an initial meeting for the preparation of an Alternate Report. The meeting was organized with the member organizations of the previous Shadow Report Preparation Committee (SRPC) and some other organizations interested to be a part of this process. The meeting decided to revive the old SRPC along with other interested organizations. The meeting also decided that FWLD will coordinate the Report Writing Process under HRTMCC. CEDAW Alternate Report Preparation Committee identified issues for shadow report and formed of writing committee of each issue representing various organizations working in the specific issue. Outline of shadow report was developed and orientation was organized with writing committee’ members on writing the structure of the report. Experience sharing meeting was held on 22nd December, 2015 with the members of writing group. The main objective of the meeting was to share the experience of shadow report of other countries and also to clarify any questions the writers had in their mind. Similarly, Regional Level Consultation was held in Biratnagar on December 31, 2015 to share the importance of a Shadow Report, its process on one hand and to get the feedback from the representatives on the issues to be incorporated under different chapters of the report. Focus Group Discussions were carried out to discuss different chapters by the writing groups with the concerned stakeholders. Major outcome of the FGDs was the collection of concerns of the right holders and involving them in the report writing process. A meeting was conducted on April 15, 2016 for the finalization of Alternate Report on CEDAW. Writers of the respective chapters participated in the meeting in order to finalize the content. Presentations were made on the articles by the respective writers from concerned organizations followed by feedbacks from the other writers. All the participants of the organization were asked to make necessary revisions in their chapters as per the feedback and comments received in the meeting. On April 18, 2016, national level conference was organized inviting participants from within the capital and outside to discuss the draft Alternate Report on CEDAW. The participants were divided in four groups where the writers explained their chapters and sought feedback from the participants. After extensive deliberations and discussions, the chapters were adopted along with the feedback. The Alternate Report on CEDAW was finalized incorporating feedback given by the national level conference. 1 CIVIL SOCIETY’S ALTERNATE REPORT within 1

or international actors neither provide a neither provide with 1 ARTICLE non-State keeping by in discrimination discrimination of against definition protection extend to comprehensive a of failure The Constitution of Nepal (2015) was promulgated on 20 September 2015. private spheres as fundamental rights have rendered women vulnerable to gender to gender women vulnerable as fundamental rights rendered have private spheres of the enactment of specific laws. based violence irrespective principles of CEDAW, CERD or CRPD. principles of CEDAW, 1. • Lack • the law by forms of discrimination has not been addressed The indirect • The are not entitled to receive compensation. not entitled to receive are of concern Critical areas B. It should be noted that in Nepal, laws including the new Constitution in Nepal, should be noted that It the elements of distinction, exclusion reflecting ‘discrimination’ definition of comprehensive Nepalese Consequently, actors. non-State the discrimination by nor recognise or restriction various forms from of discrimination protection including indirect women do not enjoy of discriminationvictims actors and the non-State discrimination and discrimination by discrimination, gender equality and social justice. The societal structure in Nepal that is that in Nepal The societal structure discrimination,and social justice. equality gender women Nepali norms and has hindered mindset, values, with the patriarchal deeply rooted Discriminatory discrimination and violence. practices of gender-based free and girls to live in various still prevalent Jhooma and polygamy are Chhaupadi, Deuki, Tilak, like dowry, parts of Nepal. A. Prevalence of the problem Prevalence A. legal and even gender, face social, economic,to political, women continue Nepalese of irrespective or indirectly directly discriminations in their public and private spheres, to non- number of international in relation vis-à-vis national commitments the State’s Non-Discrimination CIVIL SOCIETY’S ALTERNATE REPORT 2 D. Gaps andweaknesses withoutgenderbaseddiscrimination’.lineage right recognises ofwomenthatprovidesthe rights womantohave amongothers, every ‘equal as groundscondition economic of discrimination. recognisingphysical conditions, disability, status,marital health condition, pregnancyand Constitution has, therebythe scopeofnon-discrimination tosomeextent,expanded guarantees equality before thelawandprovides equalprotection ofthelaws. rights. 18ofthenewConstitution Article ensures basedonsex, nondiscrimination on womenasfundamental The newConstitution to equality and rights envisagestheright C. Implementation ofconcludingobservations 4. 3. 2. Acts • Adopt • E. Recommendations The • The • should toentitledreceive compensation. State actors, andpublicspheres. intheprivate of cross-sectionaland cross-cutting identitiesnotonlyby State actorsbutalsoby non- the CEDAW, theCERD, the CRPDacknowledging on thebasis multiple discriminations both dejure direct but defacto discrimination, andindirect inlinewith discrimination of discrimination. spheres. of anyguaranteesThis lacunahasalsoledtotheabsence againstsuchforms by experienced of discrimination and public distinction informs womeninprivate by genderneutral specialprovisions. addressedbe thatcan discrimination buthasnotlinked has prohibiteddiscrimination sectional identitiesandhasnotlookedintointersectionality within thegroup. Though it Id, Article 38(1) Id, Article 18(2) Id, Article Article 18(1)oftheConstitution ofNepal(2015)reads:“Allcitizensshallbeequalbefore law. No person shallbedeniedtheequal protectionoflaw.” Constitution of Constitution a discrimination comprehensive fails fails to should to definition acknowledge acknowledge be made of discrimination multiple punishable discrimination 3 Likewise, 38oftheConstitution Article 4 discrimination under in the by Constitution law non-State and on the the basis affected to actors encompass of or cross- 2 party The the 3 CIVIL SOCIETY’S ALTERNATE REPORT

9 2

ARTICLE

However, Nepal has not ensured the complete has not ensured Nepal However, 6 Nepal, during the proceedings of the Universal Period Review Review Period during of the Universal the proceedings Nepal, 5

7 The effect of discriminatory practices continues to remain in day to day The effect of discriminatory continues to remain practices 8 92 schedules to various Acts and Regulations tending to discrimination against women. In 2015, the Acts and Regulations tending to discrimination 92 schedules to various Acts. amended 31 Act of 2072 to amend some acts on gender equality and ending of gender violence Recommendation No. 28 on the Core Obligations of States Parties under Article 2 of the Convention Recommendation No. 28 on the Core Obligations of States Parties under 16 December 2010, para. 9, All Forms of Discrimination against Women, on the Elimination of CEDAW/C/GC/28. A/H/RC/3/1/9. December 2015, para. 8, Religious Minority and Persons with Disabilities”, in 2009, there were 103 provisions and Community, UN Women, Mapping Progress on Women’s Rights in Nepal, December 2014, p.4. Mapping Progress on Women’s UN Women, Id Committee on the Convention on Elimination of Discrimination Against Women, General Against Women, Committee on the Convention on Elimination of Discrimination Group on the Universal Periodic Review:Nepal, 23 Human Rights Council, Report of the Working Dalit, Ethnic, 2009 study report on “Discriminatory laws against Women, According to FWLD’s 8. 9. 5. 6. 7. a high degree of social and economic exclusion and the traditional harmful practices of harmful practices and the traditional of social and economic exclusion a high degree chhaupadi, kamlari and child marriage continue despite legal abolition of these practices. against Nepalese women. against Nepalese gender that in Nepal, civil society organisations numerous by it is stressed Additionally, equality into real not translated equality is often limited to policy papers and is frequently for women. women still face Dalit instance, For law. by life despite of abolishment of such practices in November 2015, presented that “in the new Constitution […] all forms of discrimination“in the new Constitution that presented 2015, in November and diverse ended and multi-ethnic, multilingual, multicultural and inequalities were embraced.” were specificities geographical within the national jurisdiction at Convention of the CEDAW implementation of provisions still many laws that contain discriminatory are provisions one hand and on the other; there A. Prevalence of the problem Prevalence A. of the has a legal obligation under the provisions party to the CEDAW, being a State Nepal, rightto non-discrimination and women’s and fulfill protect including to respect, Convention of equality. the enjoyment Obligation to Eliminate Obligation Discrimination CIVIL SOCIETY’S ALTERNATE REPORT 4 • B. areas Critical ofconcern tothefullestextent. discriminatory the futurein made that thelawstobe non- of equalityand the principle will envisage Moreimportantly, that therenoted it shouldbe properis no place toensurein mechanism 11. 10. • • C. Implementation ofconcluding observations • • Article 38,theConstitutionof Nepal (2015) Article 11(7), theConstitutionofNepal(2015) women. provisions ofthenewConstitution relating to tocitizenship are discriminatory (President),president) Uparastrapati are legislations. various in still used (Vice The wordingsof girl),Kulpati includingkanyadan(donation Rastrapati (Chancellor), areof sex, the basis on againstwomen discriminate existence.still in Discriminatory laws and provisions:Existence of discriminatory Ain)1963. ActThe notable improvements hasmadesome intheexistinglawssuchas: and Transportation (Control) Act, 2007, Police Act 1955andGeneral Code (Muluki Domestic including andPunishment) (Crime Violence Act, 2008, Human Trafficking in force from 1October2015. The Act hasrepealed provision various of31Acts of genderviolence(theAct of2072): Enactmentof theAct equality andending of 2072toamendsomeactsongender 2007. andfamilyaffairs,spouse toproperty compared totheInterim Constitution ofNepal, ofthe andtheequalright onthebasisofpositive discrimination and socialsecurity in education, health,employmentinclusion aswell astoobtainspecialopportunity in all bodies oftheStateparticipate ofproportional on thebasisofprinciple ofwomentherebythe scopeofrights has widened recognisingwomen’s to right ofwomen scopeofrights underthenewConstitution:Wider and toclaimcompensationby thevictims. law.under Thus, acts there groundno is to punish thosecommittingdiscriminatory legislation hasprovidedwill bepunishable onthebasisofgender that discrimination No Sanction andcompensationfor discrimination: victims.enact lawstoofferlegalprotections forwomen,particularly are notexplicitlyrecognised by Nepalese lawasaseparate crime. It urgent to isvery and provisions: Discriminationfrom leading non-acknowledgementof laws and non-enactment 11 10 Women are subjecttoseveralthat against women ofviolence forms The ActThe as well of2072 was passed ascame Neither theConstitution norany Several laws, whichexplicitly The newConstitution 5 CIVIL SOCIETY’S ALTERNATE REPORT the of violence provision effectively clear been gender provisions no of not is have there ending and hand, discriminatory progressive, other equality be the to remaining On gender the all on slow. of acts considered very is are some that amendment process amend for to policies line and 2072 time reformation of a laws Act law The definition of rape has been extended to the oral or anal sex as well as recognises as recognises as well or anal sex has been extended to the oral of rape The definition case has rape for reporting of limitation The statute element. the use of foreign 35 days. 6 months from been extended to Acid attack is made punishable under the Chapter of beating of General Code Code beating of General the Chapter of punishable under is made attack Acid Ain)1963. (Muluki up Nepalese laws. Nepalese of conducting gender auditing during law enactment process in order to ensure equal to ensure of conducting gender duringauditing in order law enactment process and non-discriminatory laws. implemented so far. Lack of proper implementation of the constitutional guarantees implementation of the constitutional guarantees Lack of proper implemented so far. are that to eliminate provisions affects the initiative adversely and legal provisions discriminatory to women. has not covered all discriminatory provisions of various Acts and Regulations tending Regulations and various of Acts discriminatory all provisions has not covered to discriminate laws continue against women. several Thus, to discriminate women. o o • auditing during legislative gender law enactment process. Ensure E. Recommendations E. • Set • The • Some D. Gaps and weaknesses and Gaps D. • The

CIVIL SOCIETY’S ALTERNATE REPORT 6 through Institutions Advancement ofWomen 12. • B. area Critical ofconcern measures.appropriate in allfields, andcultural incivil,political,social,economic inparticular fields, by wayofall and obstaclesremain inNepal toensure thefulldevelopment andadvancementof women the overallimpact on no little or advancementof women. Thus, considerable challenges status of women.Most ofthegovernment are interventions structural innature andhave levels makeshard toseewhethersuchstepshave produced anyvisibleeffectontheoverall empowerment goalsaswellresponsive asgender andcentral budgetatboththedistrict lack ofcentralised andregular mechanisms ongenderequality and women monitoring appointment ofprotectionand to addressofficer violence.domestic ChildrenDirectorate intheNepal Police and Womenand Children Cells atall75districts focal pointinallMinistries,for instanceestablishinggender establishing Womenand The government ofNepal hastakenfewstepstostrengthen including nationalmachineries A. Prevalence oftheproblem FWLD, CEDAW SubCommittee andHRTMCC, ShadowReportonthe 4thand5thPeriodicReport by thegovernmentofNepalon CEDAW, 2011, pp.6-9. monitoring frameworkmonitoring onadvancement ofwomeninall fields. responsibility ratherperspectives. thangender Therefore, there lacksacomprehensive separateunits. gender Additionally, allgovernment institutionsfocusontheirprimary they arenot effective. ofthe governmentagencies other and Departments not have do Government ofNepalfocal pointsinall the Ministries hasestablishedgender but system: androbust monitoring Lack ofamulti-dimensionalparticipatory

ARTICLE 12 However,the

3 7 CIVIL SOCIETY’S ALTERNATE REPORT the local The as at reflected effectively be to function yet is to

15 and able The government has yet to develop develop to has yet The government been Ministry Since the year 2002, the gender responsive the gender 2002, responsive year the Since Earlier, the commission was established as Earlier, not 14 the has to only Commission limited is Women Budgeting

13 National bodies. The monitoring for budget allocation lacking. Despite of such budget is still bodies. completely. not been able to benefit women, women as such have necessarythe to appointments the be enacted and to yet commission has of the law to take place. commission has yet directly benefitting the women in the year 2014 - 2015. Similarly for the year – 2015 year for the Similarly - 2015. 2014 benefitting the women the year in directly 22.27% budget has been allocated for women. 182.51 billion i.e. 2016, NRs. have been implemented, and make necessary suggestions to the government of Nepal of Nepal been implemented, and make necessaryhave suggestions to the government compliance and implementation. for their effective Gender budgeting and gender auditing: has been implemented. Genderbudget initiative system is also in. A sum of auditing of the total budget 21.93% was allocated for the programmes billion i.e. 135.57 NRs. promulgation of the new Constitution. promulgation as a constitutional body has the Commission Women The National a statutory body. programmes in legislation, public policies, gender perspectives mandate to integrate concerningwhether laws monitor as to as to as well rights the and project and interests is a party to which Nepal of the women and obligations under the international treaties Establishment of National Women’s Commission as a Constitutional Body:as a Constitutional Commission Women’s of National Establishment body with the as a constitutional has been upgraded Commission Women’s National not mean, only disaggregated by sex and also by marital status, age, and profession as and profession age, marital status, sex and also by by not mean, only disaggregated women’s VAWs, kind of different such as indicators as various gender responsive well on unpaid household and care spent including on time and poverty economic status work. Lack of effective gender disaggregated database: gender disaggregated Lack of effective does gender be noted that should disaggregation It database. gender disaggregated Non-negotiable, 2015, pp. 16-19. Article 252, the Constitution of Nepal 2015 Article 253(a),(b), the Constitution of Nepal 2015 Sahavagi, Didibahini and FEDO, Progress of Women in Nepal (1995-2015) Substantive Equality: in Nepal (1995-2015) Substantive Equality: Sahavagi, Didibahini and FEDO, Progress of Women 14. 15. 13. • The • Gender D. Gaps and weakness Gaps D. • C. Implementation of concluding observations of concluding Implementation C. • • CIVIL SOCIETY’S ALTERNATE REPORT 8 Equip • Develop • Set • E. Recommendations to begenderresponsive intheirwork. Commissionhuman resourcesand with adequatebudget as well astrainStaff thereof possible by othernon-governmental agencies. as withadequately responsivegender indicatorsinallgovernmental agenciesandif gender mainstreaming programmes responsiveto trackindicators women’s overall advancementas well astheimpactsof up Institutions a multi-dimensional a gender disaggregated created for participatory advancement database by and of sex, robust women marital monitoring including status, age, the system profession National with Women gender as well 9 CIVIL SOCIETY’S ALTERNATE REPORT 4

This implies that 16 ARTICLE

Equally, women and other groups are further treated as weak and as weak further treated are women and other groups Equally, 17 UNDP, The Human Development Index 2015, pp.224-227 and The Human Development Index 2014. pp.224-227 and The Human Development Index 2015, UNDP, 16. areas of education, employment, and economic. employment, of education, areas Therefore, in order to uplift the position of women in the society vis-à-vis ensure equality, equality, society vis-à-vis ensure the position of women in the to uplift in order Therefore, that taking temporary special measures interventions is a need for strategic by there of temporary of women the de facto equality keeping in the mind a wide range guarantee access of women in the for accelerating the government be taken by to special measures as implementation of such reservation and quotas has not taken into the consideration and quotas has not taken into the consideration as implementation of such reservation and or no benefit to disadvantaged into little resulting among women of diversities women. marginalised participate to or compete in in order or quota reservation in need of and always vulnerable on women. and social pressure psychological society that put adverse dimensions - reproductive health, empowerment and economic activity. health, empowerment dimensions - reproductive has not performed in ensuring men and women substantively. well between equality Nepal as special and quota on reservation focuses government the other hand, the On the same time, the At other formsof special measures. and has not considered measures widely criticised been for women have and quotas of reservation initiatives government’s A. Prevalence of the problem Prevalence A. of to the rank position in the global scenario in 108th compared in 2014, ranked Nepal indicates the loss in human that Index to the Gender Inequality according in 2013 98th in the three female and male achievements due to inequality between development Special Measures for Measures for Special Equality Substantive 10 CIVIL SOCIETY’S ALTERNATE REPORT • • • B. areas Critical ofconcern 20. 19. 18. 17. • D. Gaps andweaknesses protection, empowerment ordevelopment ofsociallyorculturally backward women. Constitution inequality clause statesthat special provisions by lawcanbemadeforthe health, employment and socialsecurity, onthe basis ofpositive discrimination. in education, inclusion aswellto obtain special opportunity of proportional as the right of theState inall bodies toparticipate shall have theright onthebasisofprinciple conceptual framework forspecialmeasures. The Constitution provides thatwomen are ofdiscrimination, forms underrepresented ordisadvantaged aswell asprovides the advancement ofwomeninareas thosefacingmultiple inwhichwomen,particular ConstitutionThe new acknowledgesfor specialmeasuresthe need to accelerate forwomen C. Implementation ofconcludingobservations

Proviso of Article 18(3),theConstitutionofNepal(2015 Article 38(4),(5), The ConstitutionofNepal(2015) UNDP, The HumanDevelopmentIndex2015,pp.222-224 A reportofthe Administrative ReformRecommendation CommitteecitedbythearticleinNepali language “ReservationinCivil Service:Hijackedby‘Elites’”,HimalKhabarPatrika, April 2016 Lack ofconceptualclarity: Special measures unabletoreduce gendergap: programmes; targeted recruitment, andpromotion. hiring and otherregulatory instruments, policiesandpractices, suchasoutreach orsupport Special measures oflegislative, encompassesawidevariety executive, administrative This hasresulted intogeneral assumptionthatspecialmeasuresmean reservation. quota asspecialmeasures andhasnotconsidered ofspecialmeasures. otherforms Limited nature of special measures: substantive equality, limitswomen’s whichfurther andfreedom. fundamentalrights andlawmakers has createdequality amongst judiciary confusiononunderstanding Constitution limitedtheprovision haseven further byof the condition adding ‘lagging Narrow scopeof special measures forwomen intheConstitution: measures whichfailtoreduce thegendergap. marginalised women. This isduetothelackofatargetspecial and time-bound based diversities amongwomenresulting intolittle or nobenefittodisadvantaged and inadequate toaddressand doesnottaketheconsiderationof women theneeds of Countries. 145th position intheworldandalsohaslowest GDI amongstSouth Asian (GDI) shows that Nepal oflow falls underthecategory human development ranking 18 It to thefactthatspecialprovisions attributed be can arewomen for Lack of conceptual clarity related Lackofconceptualclarity of totheprinciple The government focusesonreservation and Development The Gender Indicator The new The 19 20 The

11 CIVIL SOCIETY’S ALTERNATE REPORT to and

21 women order in of equality favour

22 measures in substantive special of A study conducted by FWLD FWLD conducted by study A measures Women are not homogenous are Women issues the special framework on the new within legislators time-bound women and of and enforcers diversity law the target-based judges, advance the situation of women in disadvantaged groups such as indigenous women, groups the situation of women in disadvantaged advance minority women, dalit women, disabled rural women and women from communities. together with phase out policy where applicable not only in education, health, political together with phase out policy where participation, and civil service and economic areas. but also in social, cultural difference between corrective approach and protectionist approach to increase to increase approach and protectionist approach corrective between difference and bring conceptual clarity thereof. awareness to implement them or monitor their actual implementation. A study conducted by to implement them or monitor A study conducted their actual implementation. by only are special measures the exceptions, few positive a excluding that shows FWLD of women. to the lives not made any difference on paper and have in all sectors. More significantly the engagement of limited women in variousthe engagement significantly sectors More sectors. in all results. has not been able to yield effective monitoring Lack of implementation vis-à-vis of implementation status: mechanism not taken any initiative has the government enacting these legal provisions, Besides Non-acknowledgement of diversity among women: of diversity Non-acknowledgement in special into consideration among women has not taken Intersection group. and Madhesi, Dalit, as women from such group marginalised from Women measures. geographically women from minorities, the religious from indigenous communities, been lesser representations locations and women with disability have disadvantaged now, it has not been defined what is meant by the specific term. the specific meant by defined what is it has not been now, as well: measures special ineffective and Inadequate for as qualitatively as well quantitatively measures limited are there that shows number of special provisions gender at one equality on hand and the other, accelerating 304 during 446 to from last one decade. has been decreased in place for women behind socially and culturally’ which indicates that the positive discriminationthe positive that which indicates may and culturally’ behind socially condition. the to fulfil of As proven to all women not extend are only those who but for Women and its impact, 2014 for Women FWLD, Special measures for women and Their impact, 2004 and updated report special measures FWLD, Special measures for women and 21. 22. Id • Introduce • Acknowledge E. Recommendations E. • Train • • • 12 CIVIL SOCIETY’S ALTERNATE REPORT Sex Role andStereotyping 23. Women • Women • B. areas Critical ofconcer Thus, womenatlarge are tolive alifewithdignityandpersonal autonomy. struggling practice inthe society still prevails and womenare forced to comply with those practices. butthe discrimination based gender caste and and Chhaupadi, boksi(witch) instance for The Constitution andprevailing cultural practices lawshave abolished somediscriminatory and rearing ofthechildren. family. womenisgenerallyThe role ofmarried limited to lookingafterthehouseholdwork arewhen married of the family of thehusbandwith legal ties totheparents’ deemedaspart Jhooma, kumara, boksi(witch)andpolygamy that assign thestereotyping roles. Daughters of Nepal, practices womenare suchasChhaupadi,Deuki, subjectedtodiscriminatory against womenandgirlsinthehousehold,communitymarket. Nepaleseto hinder women’s progress andviolence inawaythatlegitimisediscrimination An entrenched traditional value system,patriarchal andstereotyping socialnorms continue A. Prevalence oftheproblem Sahavagi, DidibahiniandFEDO, ProgressofWomen inNepal(1995-2015) SubstantiveEquality: Non-negotiable, 2015,p.85. age old discriminatory practices obstacles. faceenormous age olddiscriminatory byroles,decision-making to takeon enablingwomen of power positions fighting and chores, lookingafterchildren forthe elderly. andcaring Breaking down thesebarriers are yet tooccur. spite oflegal provisions whichaimtoeliminatesome ofthesepractices, thechanges of Deuki, Badi, ofviolence. Jhuma,Chhaupadi,domestic,sexualandotherforms In practices.subjected todiscriminatory a victim ofculturalThis makeswomen practice discrimination, Thereto ensureplace in condition enabling no is arethat women not are at large still delegated are not n in stereotypical position to roles enjoy and their responsibilities rights and ARTICLE protection such 23 In parts various as household

against 5 13 CIVIL SOCIETY’S ALTERNATE REPORT of access lives the have to on women impact Article 38(3) has made married 26 negative The Domestic Violence Act has Violence Act The Domestic very a The domestic violence relating to acid The domestic violence relating especially 24 has Although the Constitution provides a right to seek provides the Constitution Although women The Legislature Parliament has already passed Anti- has already Parliament The Legislature practice allow not does traditional value harmful a According to new amendment, of domestic violence a victim is entitled to According 25 as patriarchal Additionally, the State has put limitation on implementation of the fundamental rights the State Additionally, stating that it will enact necessary laws within legal provisions/laws which require of the commencement of the Constitution. years three No proper law to seek compensation: law to seek compensation: proper No violence compensation or against any acts of physical, mental, sexual psychological social or cultural religious, of result as a women against oppression or any kind of under which the compensation can be claimed. is no clear law but there tradition Enactment of Anti Witchcraft Act: Anti of Enactment who subject perpetrators to book the 2015 (Crime Punishment) and Act Witchcraft violence against women in the allegation of being witch. against women as a result of religious, social or cultural tradition punishable by law law by punishable tradition social or cultural of religious, against women as a result Article Likewise, with law. in accordance with the victim able to seek compensation contribution the economic of women in the recognizes of the Constitution 51(j)(4) for the family. and care child care receive immediate support from the alleged perpetrator to cover medical treatment treatment medical to cover support immediate alleged perpetrator the from receive and Women the Office of expenses, such is unable to provide and if alleged perpetrator to the victim. immediate expenses to provide will be responsible Children form against various of violence: Protection Constitutional violence or any kind of oppression acts of physical, mental, sexual or psychological discriminatory practices as mental violence and dowry related violence as economic discriminatory related as mental violence and dowry practices to separated as extending domestic relationship violence in the definition as well spouse with or without property partition. as police nearby it report can case and anyone as a State be prosecuted will attack per law. Amendment of the Domestic Violence Act, 2009: Violence Act, Domestic the Amendment of widened The amendment has 2015. in October of 2072 the Act been amended by violence, as physical the acid attack of domestic violence encompassing scope the woman and girls. Implication of dowry leads to violence against the bride, including including leads to violence against the bride, of dowry Implication woman and girls. bride burning and death. to economic opportunity and control over the resources in the family and community. the family in the resources opportunityto economic over and control 2072. Amended provisions of Section 2(a), (b), (c), (d), (f), the Domestic Violence Act 2009 by the Act of Act 2009 by the Amended provisions of Section 2(a), (b), (c), (d), (f), the Domestic Violence Act of 2072. Act 2009 by the Inserted Section 5(a), the Domestic Violence Article 47, the Constitution of Nepal (2015) 24. 25. 26. D. Gaps and Weakness and Gaps D. • • • C. Implementation of concluding observations of concluding Implementation C. • • Dowry • The 14 CIVIL SOCIETY’S ALTERNATE REPORT Eliminate • E. Recommendations • • Enact • Amend • no proper mechanismtoensure effective implementationoftheselaws. of lackawareness because This ispartly there because among womenandpartly is women have filedthecasesinvoking theDomestic ActViolence orAnti-Witchcraft Act. Lack of awareness about laws vis-à-vis effective implementation of laws: after enactmentoftheAnti-Witchcraft Act. still prevails andallegationagainstawomanaswitchisprevalent inoursocietyeven culturalpractices: Existence ofdiscriminatory must beprovided remedies. speedyjusticeandappropriate penalties. criminal Itillegal, andcarry that thevictimsofthesepractices isimportant among others. Measures needtobetakenmakepeopleaware that these practices are society atlarge. societies/ NGOs andthemassmediainorder tochangethemindsetofpeopleand such aswomensociallyobligatedtogomen’s homeaftermarriage. specific laws, cultural adopt laws practices to policy criminalize and that encourage generating discriminatory stereotyped awareness Discriminatory culturalthe society in Discriminatory practices through roles such of women involvement as Badi, in and the Very few Very Jhuma, of society civil 15 CIVIL SOCIETY’S ALTERNATE REPORT

29 6

Year Year ARTICLE

30 Attorney General as of Fiscal Attorney General as of Fiscal Who’s After Earthquake. Here’s Trafficking April 2016>

Cases of human trafficking occur mainly in three occur mainly in three of human trafficking Cases 27 and Children in in Persons Especially on Women Trafficking At Risk For Are Annual report of the Office of the Annual report of the Office of the The government and non-government actors are taking initiatives initiatives taking actors are and non-government The government 31 In the recent past, the trend of unsafe and illegal migration has increased has increased of unsafe and illegal migration past, the trend the recent In Attorney General, Attorney General, 28 in Person Report, available at http://nepal.usembassy.gov/2015-trafficking-in- Trafficking development -20. 2071/072 Helping, Huffington Post, available at http://www.huffingtonpost.com/2015/06/22/nepal-children- trafficking_n_7637776.html persons-report.html India, in Nepal, subjected to sex trafficking women and girls are Nepalese Africa. East, Asia, and sub-Saharan and internal to India trafficking border cross India; beyond trafficking border cross areas: Trafficking and Trafficking of Prostitution Exploitation 16 CIVIL SOCIETY’S ALTERNATE REPORT Lackofdisaggregated databy inorder age, oforigin, toidentifytrend sexandcountry • B. areas Critical ofconcern stigma attachedthereto. andvictimsaswellobstacles includinglackofproper as mechanismtoprotect thesurvivor and abused. believe will be a better life resulting many of those children beinghorrendously exploited traffickersparents toeasilyconvince togive theirchildrenup forwhattheyare made to to prevent thetrafficking butlossoflivelihoodsmay allowliving conditions worsening and 36. AmendedSection 5,Human 35. 34. Id 2015 33. 32. Id “High-Level • The • C. Implementation ofconcluding observations Lack • Lack • Lack • Difficulty • Id, Section24(a) persons-report.html the aftermath oftheearthquake.the aftermath to prevent andcontrolof trafficking theincidences by backed theunsafemigration in of payingdailyandtravel allowances tothewitness. Additionally, inorder toencourage witness, theamendedActa provision hasincluded andvictimsiftheperpetrator isunabletopay the compensation. to thesurvivor Fund will be foroperation ofrehabilitation centre aswell aspayingcompensation (Control) Act 2007. According tonewamendment,establishment of Rehabilitation frequently retracted theirwitnessstatementsfollowing allegedthreats by traffickers. don’t have tofacesocialstigma and threats from theallegedperpetrators. Victims SAARC Level toprevent trafficking ofNepalese womenandchildren foreign employment, unsafemigration andtrafficking. sex trafficking victimsandsubsequentlyreturned themtotheirtraffickers. parlours. Inof policeraids,course the there were reports policesometimesdetained bar andmassage sectors includingcabin/dance girls working inthe entertainment Trafficking inPersonReport,availableat http://nepal.usembassy.gov/2015-trafficking-in- government of of of research proper effective 32 Equally, humantrafficking incidentsare under-reported duetovarious in Crime dealing mechanism to coordination has understand Investigation internal recently Trafficking and to trafficking protect cross at amended Task international, cutting Transportation (Control) Force” survivors issues, the issues has Human regional and especially been such 36 victims

Trafficking formed as and poverty, Act 2007 thousands of bilateral on trafficking 7 economic and June levels Transportation of 2015 women so 33

including hardship, that in order they and 34 35

17 CIVIL SOCIETY’S ALTERNATE REPORT at the and many for SAARC thereby partially Persons, including as strong to in trafficking not revised of levels laws, is of accessible trafficking continued

victims Trafficking easily 37 bilateral human and protection and homes Punish (MWCSW) anti-trafficking prevent implementation and survivor to regional witnesses shelter Welfare and efforts effective such to Suppress Social implemented victims make and accommodate international, as increased the to at Prevent, to well to commitment as Children, shelters its relating inconsistently homes demonstrated coordination Protocol Women, enough of UN reaffirmed not shelter provisions effective the has are government in Person Report, available at http://nepal.usembassy.gov/2015-trafficking-in- Trafficking legal government Ministry especially Women and Children and incorporate the protocol into the local laws so the protocol and incorporate and Children Women especially laws comply with international standards. that the anti trafficking survivor and victims in trafficking prone districts. districts. survivor prone and victims in trafficking women and children of Nepalese trafficking to prevent Level SAARC one hand and on the other, shelters offer very short period of stay for survivor and one hand and on the other, survivor an opportunity and victims need a proper to rehabilitate victims not allowing shelter socially and psychologically. government officials continued to employ a narrow definition of human trafficking definition of human trafficking a narrow officials continued to employ government labor victims and male victims of transnational and domestic sex and labor trafficking victimisation. often leading to repeated protected, only marginally were trafficking security in an actual sense. and protection enough to provide Procedures for the Shelter Homes have been made. have Homes for the Shelter Procedures for and Children Women of Trafficking and Combating on Preventing convention Prostitution. active and increased funding allocations to each of the 75 districts allocations to funding for establishment and increased active committees. anti-trafficking new village-level three of at least of gender- shelters for female victims homes and emergency fund eight rehabilitation Operating Standard the same time, the At including trafficking. based violence, making the inter-ministerial National Committee for Controlling Human Trafficking Trafficking Human for Controlling Committee National the inter-ministerial making persons-report.html persons-report.html

7 41

19 CIVIL SOCIETY’S ALTERNATE REPORT for the in Policy public halved halved women 46 made candidacy of and invisible Inclusion right still woman political are Social arrangements The Constitution has also The Constitution and they 42 provisioned women’s so special Likewise, the Constitution has the Constitution Likewise, to 43 discouraging Equity no in parties are key a obstacles Gender there is political constitutionally as the Similarly amendments have been made on the amendments have Similarly cultural has adopted 47 in process women and also by (2015) has election positions rights Nepal key Nepal of

of Under the State Guiding Principles, the Constitution guides the state guides the the Constitution Principles, Guiding the State Under 45 friendly voting 44 hold socio-economic of of not do gender of exercise Constitution government in almost all institutions and also promoted same to the non-governmental and private same to the non-governmental and also promoted institutions in almost all 33% reservation provisioned have 2007) (Revised 1993 The Civil Service Act sectors too. periodservice; into civil for women to enter grace years seats for women; Five periodthe probation for women. to have full respect and implementation of international to and implementation rightshuman conventions, respect full have to along with mandatoryadopt social justice and inclusiveness parliamentary reporting on the progress. representation of women in upper house of parliament. of women in upper house of representation made as be has to Vice President the and President the election to the that provisioned sex or community. of different representation to have upper in both either as chair or vice chair in parliament one women have to provisioned house. or lower to participateright; proportionatelybodies as fundamental state in all 33% to have with equal government in local in parliament and 40% representation women’s catering the needs of aged, pregnant and physically weak women to cast their votes cast their votes women to weak and physically catering the needs of aged, pregnant easily. participation due to lack of education and training required participation and training due to lack of education for deposit like candidacy without no special measure instance, in the election for of the election or security and of results of the deposit regardless women or refund facilities duringprotection campaign election political structure. political years. Article 91(2), the Constitution of Nepal (2015) Article 51 (b), 51 (j), 53. The Constitution of Nepal for women it is 40 For Men to enter into civil service one should not have completed 35 years, but is 6 months. For men the probation period is one year and for women the probation period Article 38(4), 84(8), 86, 295 (4), 216(4), the Constitution of Nepal (2015) Article 70, the Constitution of Nepal (2015) 44. 45. 46. 47. 42. 43. • The C. Implementation of concluding observations Implementation C. • The • Less • Lack • Women • women representatives the capacity of to increase measures enough Not • Prevalence B. Critical areas of concern Critical areas B. 20 CIVIL SOCIETY’S ALTERNATE REPORT The • D. Gaps andweaknesses The • • Develop • Adopt • E. Recommendations There • The •

parties toberecognizedparties by thecommission. registration Act tohave 33 percent womeninall structures andmechanismofpolitical in allstructures andopportunities. NGOsfinancial institutionincluding public and toadopt33%reservation forwomen 20% reserved seatsforwomen.In 2007 government ofNepal issuedadirection forall recruitment regulation forces ofsecurity (Police, with policeandmilitary) armed mayor positionforwomeninlocalelection. local governmentpolicies withreservation election mayor/vicechair or ofchair/vice candidate, control andreduce costofelectionandelectoral violence aswell as adopt women’sensuring representation. proportional and government andsaferprovisionsfriendly women confirming agencies as well as economic andcultural againstwomen’s barriers inpubliclife. participation and methodsontheirprotest andrally by politicalorganisations. bias slogans of womenonmenandadoptionapplicationgender and dependency organizations andleadershipowing reasons tovarious control includingeconomic number ofwomenhave potentialitytohave candidacy. mayor/vicemayor reserved in localgovernments; positionforwomen where ahigh governments andlocal legislature, there isabsenceofprovision ofchair/vicechairor Similarlyof nation. the chapter17ofConstitution in about local thatdeals replace women’s reserved as menintheleadership positiontohave equal opportunity twodifferentalternatively be that itcan provisionsuch cast too; communities or may This appearstobecontradictory. it advocateshand, the other on and 33% representationwomen for the parliament. in Develop Constitution reservation election is legal and limited gender implement measure commission of friendly space at either one to and point Standard election president increase of less has Nepal attraction adopted process of or women’s has Procedures vice proposed by the president for waiving representation notion young for

provision political position candidacy of women proportional parties, have and to in deposit join New included remove public representation political Political fee for institution the condition actions, women Parties socio- of 21 CIVIL SOCIETY’S ALTERNATE REPORT

49 8

ARTICLE

Nepal has been appointing its ambassadors since late been appointing its has Nepal 48 Currently, Nepal has its embassies in 29 countries has its embassies in 29 and Nepal Currently, https://www.mofa.gov.np/consulates-general-of-nepal/-14 January 2016. https://www.mofa.gov.np/consulates-general-of-nepal/-14 January 2016. https://www.mofa.gov.np/consulates-general-of-nepal/-14 48. 49. women’s representation is assessed under various international roles. is assessed under various international roles. representation women’s Ambassadors: as Women countries. in 5 General Consulates a woman was appointed as an Ambassador for the first time. only in 1988 1940s,however, Therefore, women’s governmental representation is examined in all the categories representation governmental women’s Therefore, examination in some categories such as participation however, mentioned above, international underthe human rights ratified forreporting andglobal and instruments, data and information. limiteddue to lack of sufficient Below, are conferences regional Permanent Mission Members to UN (New York and Geneva),LabourAttaches (7 countries) and Geneva),LabourAttaches York to UN (New Members Mission Permanent also nominates names for The government countries). (5 General and Consulates and International Bodies, Treaty various international bodies including the International various at international forums represents government addition, Nepal In Organisations. international as global and regional as well instruments, under ratified such as for reporting conferences. A. Prevalence of the Problem Prevalence A. capacities internationallyas Ambassadors, has beenin different its officials appointing Nepal Article 8: States Partiesterms shall with take men all Governmentsandappropriate without measures anyat the organizations.discrimination, international to ensure to women,levelthe opportunityand on to equal participate to represent in the theirwork of international Women’s International Women’s Representation 22 CIVIL SOCIETY’S ALTERNATE REPORT all levels ofpubliclife. minimum of33percent isensuredas targetedamong ambassadors by thegovernment at appointing womenisinincrease, however, moreto ensureto bedone needs that at-least a ofappointingambassadorsbyinnearly 75years ofhistory Nepal. Although, the trend of Ambika Devi Luitel forFrance. Until now, only4womenhaveappointed ambassadors been And in2015 after 4 years, the third time a womanwasappointedanambassador-Ms. oftimeafter3yearsMs. interval Maya Kumari Sharmato Qatar wasappointed 2011. in Ms. Gunalaxmi Sharma (Bishwokarma)was appointedforMyanmar. Relatively, inashort Shah). It tooknearly50 years forNepal toappointitsfirstwomanambassador (Ms. Bhinda S. 56. http://nepalembassy.lk/index.php/Embassy 55. http://www.nepalmountainnews.com/cms/2016/04/19/list-of-recommended-ambassadors-for-21- 54. 53. 52. 51. 50. Women asCounselors andStaff oftheEmbassies: Tumbahamphe andMs. SewaLamsalAdhikari forAustralia andPakistan respectively. Among therecommendedthree are women-Ms. Lucky Sherpa,Ms.Shiva Maya On 19April 2016thegovernment recommendedfor 21countries.names ofAmbassadors 1988-1992 Year 2016-2020 2013-2017 2011-2015 Year 2015-2019 2011-2013 2008-2012 Bharat BahadurRayamajhi–UAE,MahendraSinghQatar, KhagendraBasnet–Bangladesh, MahendraBahadurPandey –China,Dr. NiranjanThapa–Russia,Lucky, Sherpa– Australia, http://www.eheraldpost.com/en/ambika-devi-luintel-appoined-for-france-ambassador/: 14 January Ms. SharmawasrecalledfromQataraftershemadesome remarkssuchascalledtheGulfstatean Ms. SharmawasrecalledfromQatarin2013aftershemadesomeremarkssuchascalledtheGulf http://www.nepalembassy.in/previousamb.htm, 14Janaury2016. countries/, date19 April 2016. Khanal –Germany, Ali AkhtarMikarani –Saudi Arabia, Dr. Shiva Maya Tumbahamphe –Israel NaradBhardwaj –SriLanka, Tara PrasadPokhrel–Brazil, PadamSundas–Bahrain,RameshPrasad – SouthKorea SewaLamsalAdhikari –Pakistan, DurgaBahadurSubedi –UK,Dr. KhadgaKC–Japan,LokBahadurThapaBelgium, 2016. ambassador-idUSBRE98P10O20130926 14January2016. as theemiratepreparestohost2022World Cup:http://www.reuters.com/article/us-nepal-qatar- “open jail”forNepaliswhosuffer laborabuses,andamidoutrageaboutconditionsdeaths qatar-ambassador-idUSBRE98P10O20130926 14January 2016. deaths astheemiratepreparestohost2022World Cup:http://www.reuters.com/article/us-nepal- state an“openjail”forNepaliswhosuffer laborabuses,andamidoutrageaboutconditions 50 Intime awomanwasappointedanambassadorafter 2008, the second 16years- Ms. AmbikaDevi Luitel, AmbassadortoFrance Ms Maya Kumari Sharma, AmbassadortoQatar Ms. Gunalaxmi Sharma (Bishwokarma), AmbassadortoMyanmar Ms. Bhinda S.Shah, AmbassadortoIndia Appointments Ms. RanjitaDhital, Second Secretary, Embassy ofSwitzerland Ms. DhanaKumari Joshi, Second Secretary, Embassy ofSri Lanka Ms. AmbikaDevi Luitel, Minister Counsello, Embassy ofLondon Appointments Yuvnath, Lamsal–Denmark,PrakashSubedi 53 52 Austria, 56 YuvrajKarki 55 54 51

23 CIVIL SOCIETY’S ALTERNATE REPORT Nepal Nepal 59 Although Delegates Delegates No of Women No of Women 1 1 2 As of 2015, Nepal is is party As of 2015, Nepal It was the first time that a It 58 No of No Ms. SapanaPradhanMalla was SapanaPradhanMalla Ms. Nepal has Permanent Missions Missions Permanent has Nepal Delegates Delegates Government Government 5 5 5 57 The government appointsLabour Attaches in some of the labour in some of the labour appointsLabour Attaches The government Government CEDAW Report CEDAW Government Government CEDAW Report Report CEDAW Government rd th Appointments Appointments York to UN, New Mission Permanent Deputy SewaAdhikary, Ms. York to UN, New Mission Permanent Secretary, Second IllaMainali, and 3 and 5 nd th https://thehimalayantimes.com/business/govt-sending-additional-labour-attaches/ 20 January 2016. https://thehimalayantimes.com/business/govt-sending-additional-labour-attaches/ 13 January 2016. http://www.gihr.org/cat.html, January 2016. http://www.mofa.gov.np/nepal-and-the-united-nations/14 2004 -2 2011- 4 1999- Initial Report Report 1999- Initial 2003 2003 Year Year 57. 58. 59. Women’s participation as civil society representatives in international forums: participation as civil society representatives Women’s in international forum representation is an absence of consolidated data on women’s there woman are observation it is clear that more by However, the side of civil society. from Women’s participation in government delegation is still tokenistic, and in often gender participation in government Women’s participation is not held as important. issues women’s non gender related In forums. related to 20 international human rights instruments including the CEDAW Convention. to 20 international human rights instruments including the CEDAW The Government ratified. has it conventions core under the been reporting has government thrice However, and 2011. 2004 in 2001, Committee CEDAW to reported delegates have inclusion in the male participation, and women’s the delegation has been dominated by who is Commission Women the National by represented often delegations is token basis, an independent body. woman was appointed as a committee member of an international treaty body. Ms. Renu Renu Ms. body. member woman was appointed as a committee of an international treaty of members of the Board four prestigious as one of the General UN Secretary Bhandari, Raj of Slavery. Forms on Contemporary Fund Voluntary of the UN Trustees Forums/Conferences: participation in International Women’s Arabia, South Korea, Qatar, and UAE. In January 2016, the Ministry of Labor and Foreign Ministrythe 2016, and Foreign of Labor January In and UAE. Qatar, Korea, South Arabia, and to HiraKumariYadav) (Ms. appointed two female officers to UAE (MoLFE) Employment Poudel). Goma Devi (Ms. Kuwait Bodies: Treaty of International as members Women in 2015. (CAT) Torture Against appointed to the Committee Women asLabour Attaches: asLabour Women Saudi Kuwait, namely -Malayasia, workers higher number destinationswith of Nepalese mission to the UN. However, only after 70 years, in 2003 a woman (Ms. SewaAdhikary) for SewaAdhikary) a woman (Ms. in 2003 only after 70 years, to the UN. However, mission in the UN New Representativeto Permanent as the Deputy time was appointed the first to the UN Secretary appointed as the Second IllaMainaliwas Ms. The year same York. York. Permanent Mission-New Women as UN Permanent Missions representatives: Missions as UN Permanent Women has been sending its Nepal 1955 Since and Geneva. York New (UN)in Nations to United 24 CIVIL SOCIETY’S ALTERNATE REPORT for those women who should havewho those women for representingbeen bytheir issues physically being aboutthedifferentlanguage andaccesstoinformation becomesbarriers forums/events the issueandprocedures processthey are ofacertain in.Need participating of English arepreparations for withoutmuchsupport tokenistic who participate understanding in to represent.able to be ofruraldisadvantagedand based women Oftenparticipation and buildcapacityofthosewhoareplace tomentor remotedisadvantaged and positions all the time, this could beduetolanguageandaccessissues. Very are lessefforts put into Thereis representation ofsamefaces, organisationsinvite sameperson and international organsiations thatrepresentationwho have isoftenlimitedtowomen and resources. access assessments ofsuchrepresentation does notexists. There are withinthewomen’s criticisms women’sof consolidateddataon representation and from civilsocietythatmonitoring processesof different instruments. international However, itisclearfrom theabsence representingfrom civilsocietyindifferentin thereporting including forums international 60. weak, asisevidentby the data above. So faronlyonewomanhave beennominatedfor the weak: Governmental positionsis international to various initiation tonominatewomen Initiation from thegovernment positions international tonominatewomeninvarious promoting womenfrom promotingrural and disadvantaged groups. representation. Also, womenisnotahomogenousgroup, therefore, shouldinclude efforts only increasein government women service, butwillalsoincrease women’s international for womentogive aboosttoincrease women’s willnot numberintheservice.Theseefforts government ofNepal shouldcomeupwitha10year or15year strategy toexpandthisquota arewomen for rare. governmentin women quota for The is only15percent, service the appointments.for international Although,there are politicalappointments, opportunities government isonly12 %, amongthemmostly those onforeign are service services eligible number ingovernment service. Currently, services/civil the percentage of women in Foreign Service: Women’s representation international islargelyon women’s dependent Women’s low representation international owing to low Civil Service/ in of women number B. Areas Critical ofConcern issues. question. Relevantin Nepal, UNagencies such inclarifying andMWCSWto support need Also, howcan theydeliverindependently muchspaceand is another their findings implementation withgovernment mayraisestatus. questionsabouttheirindependent reporting process isunclear. The NWC bodyand reporting isaindependent onCEDAW In additiontothis, ofNational theparticipation Women’s Commission inCEDAW settings. promote women’s representation especiallyfrom thosewhoare inremote ordisadvantaged theseassessmentstowards andsharing monitoring encouraging women’s organisations to present from theprocesses. andlearning National candomore machineries inrelating to Focus GroupDiscussionon Article 8oftheCEDAW Convention,SapFalcha,11 January2016. 60 25 CIVIL SOCIETY’S ALTERNATE REPORT In terms In

international treaties. Ensure coordination between the Ministry of Foreign Affairs the Ministry between of Foreign coordination Ensure international treaties. Develop a system to generate/consolidate and share periodic gender data on women’s periodic gender data on women’s and share to generate/consolidate a system Develop and the civil society capturing the government both from international representation and other in permanent appointments, representation number of women’s the international under the ratified forums including the delegations for the reporting

• Tumbahamphey and Ms. Lucky Sherpa were recommended for a ambassador out of 21 recommended were Sherpa Lucky and Ms. Tumbahamphey 20, 2016. on April of Nepal the Government decision made by ambassadors in the recent Recommendations: D. C. Implementation of concluding observations Implementation C. and adopt 23 No. recommendation general to utilize Nepal recommended The Committee participationand equal full of women in public to accelerate temporary special measures Shivamaya Dr. only two namely However, services. life including diplomatic and political Latest data shows that there are only 12 percent women in government service. In addition, In service. in government women percent only 12 are there that shows data Latest women the opportunityand space for to provide will of political lack is significant there in adopting special measures can do more government constructive participation. Nepal positions. women to take up the governmental more in civil service to allow vacancies processes, the language seems a greatbarriers and those who are familiar with the English familiar with the English and those who are the language seems a greatbarriers processes, basic understanding about the lack even some language alone can get easier access. in participating even or processes, especially in the reporting in involved they are process or workshops. in conferences, women are yet to fully contribute and participateprimarilydue to language barrier, and contributeto fully yet participateprimarilydue and to language barrier, women are women, and issues in question. Rural on the procedures adequate orientation or training not able to fully language skills are English and women who may not have women illiterate of their participation the quality increased, have number may women’s While participate. in or the involved a concern,are they of the issues that adequate understanding remains to highlight article 8 as well to ensure that issues of women’s international representation international representation that issues of women’s to highlight article to ensure 8 as well for data generation/consolidation institution is responsible No adequate attention. receives tracking. and progress language and barriers: lack of understanding of procedures training, Inadequate many participation and seminars, in international forums such as conferences of women’s be included in the UN Roaster as provided by UNSCR 1325. by as provided in the UN Roaster be included on women’s tracking sharing progress and Lack of data generation/consolidation, report both the government under CEDAW, When reporting international representation: of Article version 7 and 8, which a merged been presenting have report and the shadow important It’s in shadow. often focuses on Article 7 and the issues of article 8 has remained member of a treaty body –Ms. SapanaPradhanMalla for Committee against Torture, and Torture, against for Committee SapanaPradhanMalla –Ms. body of a treaty member to nominate names of women to is yet The government few in international organisations. 26 CIVIL SOCIETY’S ALTERNATE REPORT •

women in civil service bywomen incivilservice increasing thequotaforwomenincivilservice. level (at least33percent),international andaddressing theproblem oflow level of representation ofwomenby settingaminimum target forwomen’s representation at As guaranteed by 18oftheConstitution Article ofNepal, ensure proportional UN missionandLabourAttaches onrespective websites, publications. andperiodic policy guideline to share gendercompositionofall embassies andconsulatesgenerals, providesharing, NWC the responsible tomonitorandfollow up on the work. Develop a and National Women’s Commission toinitiatedata generations/consolidationand 27 CIVIL SOCIETY’S ALTERNATE REPORT

62 9

Furthermore, Furthermore, 65 ARTICLE

66 which was not present in the Interim in the Interim which was not present 64 Additionally, the new Constitution has included a separate provision for children for children provision has included a separate the new Constitution Additionally, The number of persons without citizenship in Nepal is a staggering 4.6 million and in Nepal without citizenship The number of persons 63 61 They shall ensure in particular that neither marriage to an alien nor change of nationality by the They shall ensure in particular that neither marriage to an alien nor change of render her stateless husband during marriage shall automatically change the nationality of the wife, or force upon her the nationality of the husband. Laws and Statelessness 2015, 6 March 2015, available at: http://www.refworld.org/docid/54f8369b4. html. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. their nationality. States Parties shall grant women equal rights with men to acquire, change or retain UN High Commissioner for Refugees (UNHCR), Background Note on Gender Equality, Nationality Equality, UN High Commissioner for Refugees (UNHCR), Background Note on Gender Article 10 (1) of the Constitution of Nepal, 2015 . of the Constitution of Nepal, 2015. Article 11(5) Article 9(1) of CEDAW. 66. 61. 62. in Nepal, FWLD, 2015. Projection of persons without citizenship certificates 63. 64. 65. of single women whose fathers are unidentified are of single women whose fathers fathers can, women and foreign Nepali of The children 2006. of Nepal, Constitution still do not possess the right Women only. citizenship naturalized only acquire however, CEDAW. by is protected as men which to independentlyconfer nationality men spouse of Nepali for foreign citizenship naturalized does not ensure Constitution the with Article 9(1) of CEDAW. women which is not in accordance the number is expected to rise to 6.7 million by 2021 if the problems related to citizenship to citizenship related problems if the 2021 the number is expected to rise to 6.7 million by (FWLD). and Development Law Women, for Forum to a study by acquisition, according as a right citizenship for every of citizen has succeeded to recognize The new Constitution Nepal. A. Prevalence of the problem Prevalence A. countriesdiscriminateto continues is one of 27 world that the against around Nepal with on an equal basis women in their ability to confer their nationality on their children men. Nationality 28 CIVIL SOCIETY’S ALTERNATE REPORT Discrimination betwe • B. Areas Critical ofConcern 67. • Section 8(1)(a)oftheCitizenship Act 2006. nationality. 11(2) ofthe Nepalof Article Constitution of deprivation and amounts to an arbitrary arecitizenship certificates barred from subsequently doing so. Additionally, Nepali foreigners womenwhomarry before havingobtainedtheirown his family in order toobtaincitizenship. This placeswomeninavulnerable position. arewomen married required to submitcitizenship and of theirspouse documents throughcitizenshipobtaining their parents certificates after marriage, practice,in Discrimination between sonanddaughter: o o Mother unabletotransfercitizenship independently : and thusbecomestateless. relationship. Such children are barredfrom obtaining thecitizenship ofNepal lands whosebiologicalfatherscannotbetraced orrefuse toacknowledge the and many becoming victims of trafficking, many children are inforeign born application wassuccessful.Dueworking tomanywomen asforeignmigrants six years oftheimplementation of theseprovisions, notasinglenaturalization conferralnationality. of Research byconducted FWLDrevealsthe first thatin the overwhelming ofnaturalization majority not result applicationsdo inthe by inrelation thestateauthorities tonaturalization isextremely wide, and havenaturalization. theoptiontoseek However, thediscretion possessed their citizenship totheirchildren byInstead, descent. such children only Section7 oftheCitizenship Rules;Nepali deny toconfer the right women Constitution,by complemented Section5(2) oftheCitizenship Act and Mother unable to confer discrimination. and singlewomentotransfer citizenship tochildren, womencontinuetoface women ofmarried ofwomen,includingthrough establishingtherights rights not aforeigner. Though theSupreme Court hassetprecedentsrecognizing equal by mothers, astheyrequire proof ofthefather’s identitytoestablishthat he is inpracticeauthorities refuseto acceptcitizenship applications submittedonly similar restriction 11(7),isthatstate Onemen. on of Article of theconsequences citizenshipthrough naturalization,not by and through descent. right, There isno Constitution, thechildren ofNepali womenandforeign mencanonlyacquire to pass on theircitizenship to their children. According 11(7) of the to Article legal provisionsother discriminatory of women andpractices the right curtail can acquire citizenship by descent iftheirmotherorfatherisaNepali citizen, of theConstitution(b) Section and 3 oftheCitizenship Act statingthataperson en fatherandmother: citizenship by descent : While there towomen isnolegal barrier 67 Article 11(7) of the Article This isa direct violation Despite Article 11(2) Despite Article 29 CIVIL SOCIETY’S ALTERNATE REPORT remain Nepalese Nepalese Nepal in makers Nepal was also suggested was also Nepal 68 decision in 2013. While Nepalese men can convey their can convey men Nepalese While instance first and servants ues, the provisions in the Constitution does not address citizenship citizenship does not address in the Constitution the provisions ues, public of a discriminatory provision with regard to transfer of citizenship by men by of citizenship to transfer with regard a discriminatory provision attitudes certificates. citizenship Certificate Distribution total of 1,126,430 citizenship certificates were distributed through Citizenship The geo-political situation, the open border with India, the size of Nepal and its of Nepal the size with India, The geo-political situation, the open border jurisprudence of the Nepal Supreme Court, unfair and impractical administrative administrative unfair and impractical Court, Supreme jurisprudenceNepal of the and barriers confer to women attempting be imposed against continue to burdens to their children. their citizenship population in relation to India are used as justifications for continuing discrimination are to India population in relation against their marrying disincentives foreigners. creating against women by positive despite the result, a As women and patriarchal. discriminatory largely towards accede to the 1954 and 1961 Conventions. accede to the 1954 and 1961 Conventions. Among other iss of the citizenship born to acquire in the territory children of Nepal birth allows but by the cases of address This does not however who would otherwise be stateless. Nepal as domestic help. working and children children street the implementation of the law, various training programs are being conducted on are programs various training law, of the implementation the to people accessibility to provide order In distribution certificates. of citizenship distributed through certificates citizenship were areas, remote geographically from teams mobile camps and citizenship integrated but no efforts been made to have Conventions to accede to the Statelessness There is still There Regarding mother provision. despite the father OR and women in the Constitution for citizenship if they cannot submit citizenship certificate of a legal guardian or certificate if they cannot submit citizenship of a legal guardian for citizenship children The street center. child care approved a government from recommendation been deprived help have as domestic of up working grown have who and children the the doing so. The only path to Nepalese citizenship for foreign male spouses is through the the is through male spouses foreign for citizenship to Nepalese only path The doing so. process. based naturalization residence citizenship: to acquire unidentified unable are whose parents Children of acquiring unidentified face the problem also are whose both parents children file an application to even refused are certificatescitizenship children as such Discrimination between husband and wife: and husband between Discrimination from barred women are Nepalese children, and their spouses to foreign nationality 2013/14. Camps, Integrated Mobile Camps and the regular process only in the fiscal year

68. A • • The D. Gaps and Weaknesses and Gaps D. • C. Implementation of concluding Observations of concluding Observations Implementation C. • • • 30 CIVIL SOCIETY’S ALTERNATE REPORT Recognise • E. Recommendation A • Ratify • Recognize • Recognise • Take • administrative authorities, butinsteadshouldbeprotected by thestate, whichhasan guaranteedwomen andtheequalrights towomen. husband still prevails inNepal w away tothehusband’sand takeupthefamilynamenationalityoftheir house the areain women ofcitizenship. go married once thatwomen understanding The cultural biastowards womanisalsoresponsible of forthecontinuingdiscrimination Convention on refusal toobtaincitizenship. to theirforeign spouseonequalterms. descent totheirchildren, of bothwomen andmentoconfercitizenship andtheright implementation ofthelaw. in theConstitution,with men Citizenship Act andRules,ensure and theeffective retainingwomen from acquiring, andtransferring citizenship onanequalbasis decisionsinthisregard.obligation toimplementcourt deeply immediate the rooted 1954 the citizenship that independent theReduction ofStatelessness. Convention right patriarchal steps to as to a a remedial amend/repeal nationality right mind Relating hich failstorecognizeidentity of theindependent of set each right to of is the the parent not and all political Status discriminatory subject draft to provide laws of leaders to Stateless for the citizenship getting and unfettered provisions Persons the remedy prevalent based and discretion that in on the cases prevent socio- lineal 1961 of of 31 CIVIL SOCIETY’S ALTERNATE REPORT

69 70 10

ARTICLE Destruction of school infrastructure caused by caused by Destruction of school infrastructure Equally, in the patriarchal society, families are less willing to invest in girl in girl to invest less willing are families society, in the patriarchal Equally, 71 Destruction of school infrastructure caused by earthquake in building and delay by caused Destructioninfrastructure school of temporary learning centres: on had impact earthquake have and delay in building temporary learning centres Department of Education, 2016 69. 70. Id 71. Id • involuntarily until for unknown period in future. involuntarily until for unknown of Concern Critical Areas B. To make matters worse, the earthquake that struck Nepal has caused major disaster in the earthquake that struck Nepal worse, make matters To many schools incapable in continuing educational and has left schools infrastructure This has process. has been unable to initiate the rebuilding services; the government out-of-school especially girls and students with disabilities to remain many children forced students are found to be irregular in the class. This is caused by various factors including This is caused by in the class. found to be irregular students are and child marriage. household chores of burden and home, school the distance between had to attended the school because they never of children 22.1% that shows The data home. at help to complete for girl children of scholarship provisions is lack education and there children’s into the school dropout. their education that results exceeds more than one indicating enrolment of more girls than boys in primary education. girls than boys of more than one indicating enrolment more exceeds at and 0.71 level for higher-secondary 0.91 at of women to men remains the ratio However, so does the gender gap. the tertiary increases, as education level indicating level girl seriousa in the primary Likewise, problem. is apparently retention level student’s Girl A. Prevalence of the problem Prevalence A. is a significant discrimination in education opportunities and women for men There Ratio Enrollment should be noted that gender parity in the Net It gender disparity. creating or less equal since rate and 2011 the gender parity enrolment in gross (NER) has been more Women and Education Women 32 CIVIL SOCIETY’S ALTERNATE REPORT • • Currently • According • Th • C. Implementation ofconcluding Observations • • education attheschoollevel . effectiveness ofprogramme such asscholarshipprogramme ofquality and delivering are especiallyschoolsupervisors DEO personnel, rarely involved the monitoring in of Education isresponsible oftheeducationprogramme. formonitoring However Absence mechanismto ensure ofproper monitoring qualityeducation: economic needsoffamily. including (Karnali zone) andthose scholarship programme forgirls, Dalit, children from remote areas anddeprived Lack ofeffective scholarship programmes for needystudents: out-of-school children especiallygirl children andchildren withdisability. efficiency,enrolment, attendanceandinternal leadingtoanincreaseof inthenumber 27.6% atlower level in2013/2014. level and17.4%atsecondary secondary level, presenceof femaleteachersinall types ofschoolsincludes 41.9% at primary According totheFlash Report of2071 producedby ofEducation, Department the to havemanagement committees need a representation female teacher.of atleastone groups,33 %areout ofwhich reserved only.female teachers for Additionally schools dropped outofschools. economically marginalisedand neverpopulation who enrolled those who or school in Centre theresponsibility willundertake ofaddressingof thesocially needs the learning project,averagean on person 1,000 per Rs spending the Non-formaland Education Development Accordingly, Goal. thegovernment hasallocatedRs 1billionforthe global commitmenttoeliminateilliteracy bythe Millenniumin 2015asenvisioned two genders. The government hadinitiatedits ‘Literate Nepal Mission’ asperNepal’s withtheliteracybut comparing ofmalei.e. 75%theregap between isstillabig the has jumpedfromas a significantimprovementwhich isseen decade 35%to57%inone class.sanitations, textbooks andaseparate inevery bookcorner (PMECs) that mustincludeteacher, classroom, separate girl’s toiletwithwaterand which affectnotonlytheireducationbuthealth of retention rate inschools. On theotherhand,girlsare subjecttoearlychildmarriage girls are forced for theireducationresulting togive lesspriority indecreased number Patriarchalto early mindsetleading childmarriage: of infrastructure andtoilets. suchasaccesstoclassroom, library with disability generally lack accessinpublicschoolsincludingaccessibilityterms environments suchasaseparate toiletsforgirlstudentsandboy students. Girl students environment intheschool: Lack ofgenderfriendly e government standard has formulated Minimum forPriority Enabling Conditions indirect 45 to the % of CBS costs all teacher 2011, such

with the as positions disability literacy costs for rate are has notebooks, of reserved not Nepal been

friendly The schoollacksgender is burden by as well. sufficient Owingtopatriarchal mindset, 65.9%. policy of The for to household meet The government’s The female under-represented all Department Department literacy their chores needs rate and 33 CIVIL SOCIETY’S ALTERNATE REPORT is is No and parents children courses school. numbers technical Dalit, the the among in vocational expand girls schools, including the of to in awareness girls on raise policy to needy a teachers retention students for female ensure of female to introduced programmes of programmes taken also s is increasing. provision has been attendance sensitization scholarship have Nepal that mandatory of is gender fact effective building opportunities. and capacity trainings more offering le teachers quate. measures the there an of public government proper construct and operate schools with PMECs as well as female student friendlyas female PMECs as well schools with vis-a- constructand operate and community regarding the importance of girls and women’s education in Nepal education in Nepal the importance of girls and women’s and community regarding send will they so that for poor parents activities income generation as provide as well especially daughters. to schools regularly, their children from remote and deprived areas and those with disability that meet all their needs and deprived areas remote from and of household chores burden costs such as costs for notebooks, including indirect economic needs of family. vis disability friendly infrastructures. 100 percent of Nursing Diploma students are women, while conversely 100 percent of 100 percent women, while conversely are students Diploma of Nursing 100 percent men. students are Engineering Diploma Mechanical still not ade increasing, their participation is still very low in comparison to male students. The in comparison their participation to male students. is still veryincreasing, low distribution individual courses conforms of students on verygendered to strongly of DFID 2012, to the report according instance, For occupational gender stereotypes. Due to the earthquake disaster, many schools are runningtemporary in learningschools are many to the earthquake disaster, Due majority not fulfill PMECs. schools do Therefore, shelters. to send and parents been campaign has launched that encourages public awareness in the school. keep their girl children vocational and livelihood course and livelihood vocational vocational training for women. It should be noted that females’ participationin females’ noted that should be It for women. training vocational • fema Recruit • Launch • Introduce E. Recommendation E. • Re • Although, • Despite • • No D. Gaps and Weaknesses and Gaps D. • The 34 CIVIL SOCIETY’S ALTERNATE REPORT Women andEmployment 75. Id 74. http://kathmandupost.ekantipur.com/news/2015-04-24/govt-set-to-revise-restrictions-on-age.html 73. Id 72. Women • B. Areas Critical ofConcern ofbeingexploitedandtraffickedrisk forsexwork. However, womenoftenemigrated via India orotherthird putting them at more country had barred30 fromunder women the Gulfin takingupdomesticjobs Middle and East. “a few selected” recruitingin Nepal. agencies Nepalese womenaged25andabove towork ashousemaidinGulf andMalaysia through foremploymentcountries for domesticwork. For instance, till 2015, the government allowed government hastakenaprotective approach attempting to restrict certain going women In recent times, women migration forforeign employment significationbut the has risen wage andearning. forsuccessfulentrepreneurship.services Women problems accessingadequate credit alsocontinueto experience andothersupport fromup by opened themarket opportunities thedemocracy andanopeneconomy. andbusinessestablishment,prevented industrial oftheformal rungs from benefitting remain insubsistenceagriculture, non-agricultural sector andat the lower the informal Womenin Nepal to faceconsiderablein employment continue barriers as they sector A. Prevalence oftheproblem Sahavagi, DidibahiniandFEDO,ProgressofWomen inNepal(1995-2015)SubstantiveEquality: Non-negotiable, 2015,pp.10-13. industrial andbusinessestablishment. industrial agriculture, non-agricultural sector andat the lower the informal ofthe formal rungs are still confined to traditional 73 In practice, of womenlag behind menin terms and 74 EarlierinAugust 2012, the government stereotypical role ARTICLE such as in

11 subsistence 72 75

35 CIVIL SOCIETY’S ALTERNATE REPORT

76 and and The seeking workers work opportunity enacted the women harassment. domestic been special or affect has sexual to economically 2014 obtain to Act housemaid

continue as workplace evaluate right to work to against policy (Elimination) a women’s Act environment allowed the taken not Workplace has working are at guaranteed 24 formulate has of healthy to age Constitution and Harassment years the safe under 11 of Constitution Sexual took how this will change the lives of women in concrete terms. Additionally, the wage Additionally, terms. of women in concrete this will change the lives how especially in intact in the society, discrimination among male and remain female informal sectors. workplace sexual harassment some 11 years ago but the law was enacted only in 2015. was enacted only law the ago but years some 11 harassment sexual workplace against workplace has not formulatedthe Regulation the government Additionally, implementation of the Act. effective to ensure in order sexual harassment to see it is yet of families, and care contribution such as maintenance of children Supreme Court had directed the government to formulate and enforce the Act against Act the to formulate enforce and the government had directed Court Supreme audio-visuals or other vulgar and seductive materials, proposing sexual activities at proposing materials, seductive audio-visuals or other vulgar and Any person found guilty of committing at workplace. as sexual harassment workplace’ six months in prison as per the act can be slapped with or Rs 500,000 sexual harassment fine or both. came into force since February 2015. The Act defines ‘workplace activities motivated activities motivated ‘workplace defines The Act 2015. since February came into force teasing with ill or sexual intent, physical touching with with sexual intent including eve pictures, objects, or publishing sexual words, sexual intent, using or demonstrating in education, health, employment and social security, on the basis of positive on the basis of positive security, and social in education, health, employment economically has taken a policy to evaluate the Constitution discrimination. Likewise, of families. and care and contributionthe work such as maintenance of children for foreign employment. It has been said that the restriction is put in place to protect is put in to protect place has been said the restriction that It employment. for foreign female migrants. rights. curb their economic and severely employment in foreign countries whereas there is no age restriction in case of men aspired to go to go case of men aspired in restriction is no age there countries whereas in foreign harassment (elimination) at workplace act comes into force”, The Republica, 18 February 2015. The Republica, 18 February harassment (elimination) at workplace act comes into force”, Ms Neelam KC of Minister for Women, Children and Social Welfare quoted in the article “Sexual Children and Social Welfare Ms Neelam KC of Minister for Women, 76. • Although D. Gaps and Weaknesses and Gaps D. • It • The C. Implementation of concluding Observations of concluding Implementation C. • The • Lack • Women 36 CIVIL SOCIETY’S ALTERNATE REPORT Ensure effective implementationofwork placeharassment laws. • Create • Provide • Ensure • E. Recommendation Ratify • women inforeign employment. sectors aswell asremove especiallyininformal basis ofgender against discrimination ofbeingsubjecttoviolence.risk training to women inorder to enhance their capacity that reduce unemployment and more preferably 50%reservation. No. 189). the mechanism women’s various ILO Convention types participation to monitor of training concerning in and every such punish Decent sector as income the by Work practice ensuring for generation Domestic of at wage least training discrimination Workers 33% reservation and (Convention high on skill and the 37 CIVIL SOCIETY’S ALTERNATE REPORT case auxiliary health 12 and

primary volunteers ARTICLE strong a health March 2012. Survey, Youth establish And to Additionally, girl children are subject to are girl children Additionally, 77 community Adolescent female commitment mobilised has This results into unwanted pregnancy, unsafe abortion and health into unwanted pregnancy, This results government’s 78 the of government to health care facilities. to health care in many districts But in community level. care health nurse midwife to help to deliver system, a proper mechanism of putting this in place is still lacking. Women lack access Women mechanism of putting this in place is still lacking. system, a proper 77. Ministry of Health and Population, Nepal 78. Id • The B. Critical Areas of Concern Critical Areas B. • Despite child marriage in order to avoid the burden of dowry by parents. The child marriage rate The child marriage rate parents. by of dowry burden the to avoid child marriage in order in 2012. was 58.2% birth or still as miscarriage. as well risk of premature complications including extreme health challenges. face numerous and women girl children Thus, traditional society. Additionally, the family, school or community at many cases is not well school or community at many cases is not well the family, Additionally, society. traditional offering to adolescent with equipped to support her informationa girl child transiting or services menstrual sexual hygiene or even pertinent on many topics like adolescence, according was 22% girls that among young attributeThis may rate to the dropout abuse. 2012. Survey Youth And Adolescent to Nepal of pregnancy. It is not uncommon for Nepali women to experience women to uterus a prolapsed is not uncommon for Nepali It of pregnancy. continue their and women untreated birth. remains Often, the prolapse following due to pain and suffering. the other hand, there On life miserable reproductive remaining is risk abortion, of sex selective among girl discrimination in nutrition and post natal care in the less favourably treated are giving birthA mother to girl children children. and boy A. Prevalence of the problem Prevalence A. women. As due to maternal and is of particular health concern among Nepali Reproductive childbearing early and excessive as a child bearer, in the society role a gender stereotypical complications disabled from chronically women, of whom die many or are weakens Health 38 CIVIL SOCIETY’S ALTERNATE REPORT C. Implementation ofconcludingObservations Women • Women • 0 BudgetSpeechFiscal 80. 79. There • Most • D. Gaps and Weaknesses The • The • The • The • Article 38(2),theConstitution ofNepal(2015) unwillingness oftheirspousetousecontraceptive. pregnanciesto theunavailabilityto behighdue continue ofcontraceptives aswell as child. result ofunderweight intoabirth significantly inpastfewyears butthisisstillnotenough. morbidity. and mortality However, Nepal hasreduced rate mortality the maternal this affectmaternal sitesand lack trained attendantsatthebirthing skilled birth critical healthneeds.critical hospitals. Additionally, there isnohealth insurance schemeavailable that meets hospitals areto governmental expensivecomparison in well very and equipped nursemidwife.health volunteers orauxiliary Peoplein rural areas especiallypregnantcommunity upon to depend need women lack proper infrastructure suchasbeds, clinicallaboratories, medicinesanddoctors. zones. stores,department religious have smoking no designated been industries sitesand cultural centers, children’s gardens, hotels, restaurants, resorts, girls’ andboys’ hostels, public vehicles, orphanages, child-care centers,halls, cinema homesfortheelderly, governmentaction. offices,corporation, institutions, educational libraries, airports, liable todepartmental willbe civil servants up toRs100and fined public placeswillbe free.services .The government ofNepal through its annual budget of 2015/2016 made all abortion toneedy peoplethereto.who provides healthservices necessary 52470 female communityhealthvolunteerscommunity levelin mobilised has been andreproductive tosafemotherhood have theright health.” government new government government of is health in huge have Constitution Nepal 80 difference

less posts has has have has Year 2015/2016,governmentof Nepal,July14,2015 say allocated and recognised banned ensures been on between hospitals family a victim women’s to 5.89% around smoke governmental planning in of of rural malnutrition, the right 245 tobacco areas total abortion due to health budget hospital have in to public cultural especially sites very stating to and health. across poor places. 79 barriers that private

pregnant health There 75 “every Those districts hospital. and facilities. are woman women smoking more unwanted till Private today They shall than that in 39 CIVIL SOCIETY’S ALTERNATE REPORT laws poor provide for abortion, and as like well charge as policies policies midwife minimum health with nurse many ore of governmental auxiliary charge new or of free about implementation volunteers girls facilities health care young affected and health community monitoring women quality of more follow up trainings to enhance their skills in delivering health care in local level. to enhance their skills in delivering health care up trainings follow scheme for all. health insurance as introduce women as well elimination of chhaupadi through initiating a campaign on Clients Rights and Rights on Clients a campaign initiating through chhaupadi elimination of camps and health preventive services in health Accountability regular and organising maternal as well as health cervical to minimise uterine cancer, prolapse, programs planning. and family to contraception access women’s increase including banning smoke in public places. banning smoke including • Provide • Train E. Recommendation E. • Inform • Lack 40 CIVIL SOCIETY’S ALTERNATE REPORT Social Benefits Economic and 82. 81. control over resources property. includingland,even ifitisinherited and socialstructure. It should benotedthat Nepalese womenstill have lessaccess toor areabout theirrights able torealise stillnotbeen itduetotheprevailing patriarchal norms at large are notstill fully aware oftheirrights. Additionally, thosewhohave information Constitutionnew The but Nepalese ofwomen guaranteesrights social and economic women Kamlariof Chaupadi, Deuki, and legal abolition. despite continue as well aschildmarriage still faceahighdegreeexclusioneconomic of social and traditional and practices harmful economic andsocialsettingsofNepal. For example, Dalit despiteinterventions, women Equally, social,religiousculturaland discriminatory practicesto existin continue hasbeenslowed,of acountry withanunemployment rate ofmore than40percent. 2002. Additionally,since bodies disaster, oftheearthquake aftermath growth theeconomic exacerbated bybeen frequentgovernmentin changes local of elected the absence and between casteandethnicity. various Nepal’s governance anddevelopment challengeshave However poverty equally between rural andurbanareasdistributed hasnotbeen and ofthepopulationarea quarter still below thepoverty line whichis23.8% in 2012-13. approximately 25% in 2009, that trend wasnotsustained;recent estimates indicate that Goals. Although theUNestimatesthatpoverty inNepal droppedfrom 42%in1996 to transition andmakingprogress toward theachievement oftheMillennium Development heavily involved communityhasbeen Nepal’sThe international insupporting democratic A. Prevalence oftheproblem FWLD, CEDAW SubCommittee andHRTMCC, ShadowReportonthe 4thand5thPeriodicReport Ministry ofFinance,2013 by thegovernmentofNepalon CEDAW, 2011, pp.49-52.

ARTICLE 82

13 81

41 CIVIL SOCIETY’S ALTERNATE REPORT all with work of small line in people women’s establish as to Nepal in supports GDP and women the women in for benefits enables that that benefits activities. in microfinance icipate contribution system women of maternity women’s security of facilities en, single women and women with disabilities. uniform social However, Nepal does not have proper social security proper system. does not have Nepal However, 83 credit make to concrete a te support and allowances provided by women facing the multiple forms women facing the multiple by provided te support and allowances special acknowledgement laws of of walk of life, in particularformsmultiple facing the women of discrimination of life, walk such as indigenous wom Dalit, the ILO Maternity Protection Convention 2000 (Convention No. 183) regardless of 183) regardless No. 2000 (Convention Convention Protection Maternity the ILO in formal sector or informalinvolvement sector. Create more economic opportunities for women within the country thereby economic opportunitiescountrythe for women within more thereby Create the existing initiatives. strengthening 2006/2007 to 5.96 in July 2012 increasing women’s contribution in remittance. women’s 2012 increasing 2006/2007 to 5.96 in July women to partenterprises and encourage is often unpaid and not recognised in the national economic. The data shows that The data shows in the national economic. is often unpaid and not recognised thirtyfold 0.19% in from has increased labour force of total foreign share women’s of discrimination indigenous women, single women and women with such as Dalit, disabilities Budget speeches of government of Nepal, 2006/07 to 2015/2016. 83. • Amend • Introduce C. Recommendation C. • • Lack • Lack of uniform maternity benefits for women in Nepal • Lack B. Critical Areas of Concern Critical Areas B. • Inadequa benefits such as maternity leave, pension whereas majority in the of women who work pension whereas benefits as maternitysuch leave, informal access to such benefit. have sector do not been providing support and nominal allowances on the basis for of classifications particular support and nominal allowances been providing of women and inhabitants single as minority such dalits, such as groups social groups, and the age of 70 (underprivileged persons all Karnali including women above zone), persons with disabilities. better receive or the government for the private organisations working employee Some The Constitution has adopted a policy to provide certain allowances to socially and to certain allowances to provide adopted a policy has The Constitution has government The women. single or helpless citizens women, senior backward culturally 42 CIVIL SOCIETY’S ALTERNATE REPORT Rural Women 85. 84. Little • Existence • Lack • Lack • Lackofawareness andlow selfconfidenceinrural women • B. Areas Critical ofConcern food. especiallywidowsdiscrimination, are notallowed even towear thered colorandeatgood rural single womenincludingwidow, divorcee womenfacevarious andunmarried them belongtothefamily who are landlessandsubsistonlessthan1$perday. Likewise, In particular, dalit rural women are of amongthe most disadvantaged peopleasmajority low healthstatusofrural womencompared tourbanwomen. Health inrural Nepal services are inadequateandinsufficient andare thus reflected inthe report andtakelegalactionduetopower andtraditional politicsandsocialnorms taboos. arebased violence. ofsexualandgender inhighrisk They are notconfidentenoughto and Karnali regions ismore of Nepal. acutethan it is inotherparts Rural women andgirls poverty live invillages. line and86% of thepeopleincountry Nepal isoneofthepoorest intheworldwhere countries 25.4% of thepeoplelive below the A. Prevalence oftheproblem Women forHumanRights, SingleWomen Group,http://whr.org.np/ Concept paperforthreeyear plan, 2011-2014, NationalPlanningCommission2011, p.4. women’s inlocaldecisionmakingbodies. participation anduntouchability discrimination in ward localcooperative citizen forum, andnetwork foreign employment aswell asjusticeandsecurity 85

of of or access, no access of benefit harmful control to various from and and budget discriminatory opportunities right allocated in natural cultural for including resources women practices education, in as rural well 84 including Poverty in theFar-Western ARTICLE as areas lack health, due Chhaupadi, of representation to

employment, 14 lack of caste rural 43 CIVIL SOCIETY’S ALTERNATE REPORT so women enabling women rural rights of rural to human and participation trainings ensure deliver planning and and family Budgeting regarding programmes raising Responsive building Gender awareness capacity on monitoring evaluation. and their body and health. them to make informed choices regarding decision and that they would be able to combat discriminatory culture and demonstrate effective effective would that they be able to combat discriminatory and demonstrate culture bodies. leadership in local formulation, implementation, program position in development in decision making • Focus • Develop • Decentralise C. Recommendation C. 44 CIVIL SOCIETY’S ALTERNATE REPORT EqualityBeforetheLaw 86. Recognition • Women’s • B. areas Critical ofconcern Nepal aftermarriage. naturalizedfor citizenshipwhich ishardly toresidetheir rights lose such women issued, in foreign mancannotacquire Nepal’s naturalized citizenship andthe child canonlyapply freedom toaforeign forthosemarried of domicileisalsocurtailed of choice man. Since the required in legal documents suchas:petition, reply or appeal in the higher court. Women’s However, withmen. equal rights procedures,the court during women’s namesarenot With regard intocontracts, toentering applying for loans, andtravelling, womendoshare the affectedfamily. reliefearthquake process, the IdentityVictim Cardof to mostlymalemember wasissued oftheprocess.presence forthecertificate Recently,of fatherisnecessary the during registration certificate. Even theissuance ofthecitizenship certificate, during physical use theproperty. The name ofthemotherisnotsufficientforchildtoobtainbirth areas.in certain Specifically, womendonothave the exclusive married to buy, right sell or Despite equalityprovisions intheConstitution, thestatus of womenisnotequaltomen A. Prevalence oftheproblem No. 31oftheChapteronRegistration, theGeneralCode,1963. husband shouldbeasked. model prescribedby thelawforinterrogationstates thatname ofthefather/ ofwitness citizenship, byprocesstheir certified to be needs husbands. their Additionally,the threegeneration from thefatherside. Similarly,applying for women married the for certificate,bydone to be needs the certification any relative the fatheror within required givingnovalue tothenameofmother. law relating toregistration oftransaction, the names offather and grandfather are name through not mentioned the father/husband: in registration of For transaction: individuals 86 According ARTICLE to acquire to

15 the citizenship prevalent 45 CIVIL SOCIETY’S ALTERNATE REPORT to are that have status to address enacted women. the to of mother government was women earthquake limited the the 2015 that the are of vs. identity regarding of insufficient Act, and is states Court Gurung Act surname decisions victims status Equality the the the the Deepti Supreme of enacted For Constitution using Gender the Court, case of the newly Card: The the of undermine the ID in Children Supreme orders’ 2015: that and 38(1) the Court Act, Victim laws child: of of a Article ‘directive Supreme the existing Equality Constitution naming issuance the The the judgements in in provisions: in Gender repeal of implement positive initiatives: and provisions of women. the discriminatory practices that stems from the law of citizenship as women’s identity the discriminatory as women’s the law of citizenship stems from that practices than that of men. to be weaker has been considered not applied as laws for other cases. particular case and are of Nepal decided that children’s birth can be registered through the mother irrespective irrespective the mother through birth can be registered children’s decided that of Nepal of government vs the Basnet in the case of Bipana Also, of the details of the father. surname can use the mother the of children the decided that Court the Supreme Nepal, certificates. in their citizenship to amend some laws to maintain gender equality between men and women. Married men and women. Married gender between to amend some laws to maintain equality The child can now property. eligible for inheritance of parental also now daughters are the father or the mother. be named by equal lineage rights without any gender discrimination which did not exist in the constitutions of Nepal. previous Identity Card for each affected family. Men were prioritized while issuing the ID card prioritizedcard ID the issuing while were Men for each affected family. Card Identity the with provided were absent, women men were households where and only in those of the government. measures would enable them to obtain relief that ID card or citizenship certificate. In the case of Deepti Gurung vs. the government of Nepal, of Nepal, the government vs. Gurung Deepti the case of In certificate. or citizenship birth denied were the applicants of Nepal, the government vs. Basnet and Bipana the surname as they used of the mother. respectively and citizenship, registration Victim for the issuance of made provisions the government measures, relief receive generally denied to obtain identity documents such as birth registration certificate denied such as birth documents to obtain identity registration generally • Effectively E. Recommendations E. • Amend • Despite D. Gaps and Weaknesses and Gaps D. • The • Judicial • Enactment C. Implementation of concluding observations Implementation C. • Constitutional • Discrimination • Discrimination 46 CIVIL SOCIETY’S ALTERNATE REPORT Marriage andFamily Life The • C. Implementation ofconcludingObservations • • • B. are treated as acursetothefamilyandblamedcauseforherhusband’s death. of instances, theyare forcedAdditionally, tobegetason. especially widows singlewomen, exercise to choosethetime, the right numberandspacingofchildren they have. At majority an early age. Likewise, they have lesssay on family planning andare oftennotallowed to arereality,as in their partner to choose position not in girlchildisforcedat to getmarried limitations on womeninrelation andfamily life. tomarriage Generally, womenandgirl Nepal society, beinghighly influenced from religion andsocialnorms, hasput many A. Prevalence oftheproblem in theseActs. The Act of2072 has madesomenotableimprovements inrelation to Act, 2007, Police Act 1955 and General Code (Muluki Ain)1963 to ensure genderequality andPunishment)(Crime Act, 2008, Human Trafficking and Transportation (Control) practices inNepal. Practices Reform Act andDomestic Act Violence able toprohibit hasnotbeen dowry Lack ofproper lawtodealwith dowry related violence: especially inthe Terai Region andFar Western Regions. There are beingcommitted inthecountry numerous offencesofchildmarriage unlawful pursuant toNo. Code, 2oftheChapteronMarriage intheCountry 1963. Continuation of practices of child marriage: from 1year to3years andafineofRs. 5000toRs. 25000. considered penalizedis the offender lawful once imprisonment with punishment ofan chapter onMarriage bigamy. 2020 criminalizes However, is bigamousmarriage legalprovisionsContradictory relating topolygamy: Critical areasCritical ofconcern Act of 2072 has repealed various provision of Child marriage has been declared hasbeen Childmarriage 31

Acts In Code, theCountry No.10 including ARTICLE Existing LawsonSocial Domestic

16 Violence 47 CIVIL SOCIETY’S ALTERNATE REPORT is of to as non- well proper massive a as regard a and practice polygamy set with constitutional the with a and as mind initiating along marriage abolish women with Bigamy to child dowry of on along traditional Commission order against to in due laws practice Women Interestingly, void ill prohibition and the to practice Nepal. National comprehensively null in deal in the to relating discriminatory law illegal marriage marriage laws not upgraded of is child specific discrimination has of remaining and facto repeal polygamy de problem of Constitution and Bigamy/polygamy separate the and a implementation new general public. general mechanism to implement it effectively. bigamy/polygamy. to awareness for creating INGOs NGOs, with in coordination campaigns awareness marriage as discriminationsuch and family among daughters on the basis of marital wife) and the first of bigamy (second marriage without divorcing provision status, , partition property of equally amongst all the wives. traditional and cultural practices. and cultural traditional punishable but not illegal. system. of law against dowry enforcement the government of Nepal for their effective compliance and implementation. compliance for their effective of Nepal the government body with a new mandate to integrate gender perspectives in legislation, public gender perspectives body with a new mandate to integrate concerning to monitor as to whether laws as as well and project programmes policies, under the international of the women and obligations treaties the rightsand interests is a party been and make necessaryimplemented, have suggestions to to which Nepal marriage and family life the existing laws such as ‘the chapter on Adultery chapter has been ‘the marriage laws such as life the existing family and years. to 3 to 5 increased has been for marital and punishment rape repealed’ • Adopt • Declare • Address • Amend • Existence Recommendations E. • Bigamy • Weak D. Gaps and Weaknesses and Gaps D. • The 48 CIVIL SOCIETY’S ALTERNATE REPORT Women, Peace andSecurity 7 INSEC,Conflict Victim Profile,available athttp://www.insec.org.np/

1 87

49 CIVIL SOCIETY’S ALTERNATE REPORT able been Local Peace Local Peace not have they formed, The Government and different and different The Government On 11 February 2015, the TRC and TRC the 2015, February 11 On been have The National Action Plan on UNSCRs 1325 Plan Action The National CIEDP On 26 February 2015, the Supreme Court decided Court the Supreme 2015, 26 February On Women and girls who have suffered sexual and gender sexual suffered have and girls who Women and TRC on commissions since Mid April 2016. April since Mid Act: TRC on the verdict Court Formation of transitional justice mechanisms: of transitional Formation formedof Chairpersons and long-pending appointment and the the CIEDP were complaints startedThe both commissions have receiving was done. Commissioners based violence needed psychological support but there have been very have less efforts supportbased violence needed psychological but there ensuring support psychological thereto. towards Committee formed at the level of a district, municipality, town or village with the aim town formed of a district, at the level municipality, Committee peacemaking and peace building processes and facilitate joint, inclusive to encourage for women’s enabling environment and has not provided has been politicised meaningful participation leadership. and support:psychological Lack of Lack of statute of limitation for prosecution of war era sexual violence crimes: crimes: sexual violence of war era for prosecution statute of limitation Lack of to 6 rape has extended amendment for reporting of limitation statute the Recent war to prosecute statute of limitation is not adequate this 6 month However, months. crimes. sexual violence era Committee: meaningful participation in Local Peace women’s Lack of to address Sexual and Gender Based Violence and remained inoperative for more than for more inoperative Violence and remained and Gender Based Sexual to address Implementation of NAP 1325 and 1820: of NAP 1325 Implementation and extension. of revision and 1820has been implemented and is in the process organizations have been providing free legal aid to women affected by the conflict, legal aid to women affected by free been providing have organizations access The effort to enhance women’s including women violence. victims of sexual been run have by one stop Crisis Centres to justice has been ongoing. Likewise, Government. serious crimes. The Supreme Court also held that the victims’ consent should be made victims’ the held that also Court The Supreme serious crimes. sub judice at various courts cannot and that cases that are mandatory for reconciliation has not been amended as Act TRC the However, to the Commissions. be transferred till date. Verdict Court per the Supreme and support legal aid system: free of Provision upon the petitions against the TRC Act of 25 April 2014, and annulled some wording and 2014, annulled some wording of 25 April Act TRC upon the petitions against the of human perpetrators amnesties to of granting possibility the regarding Act of the of prosecution recommend to executive the to given power and the rightsviolations, • C. Implementation of concluding Observations of concluding Observations Implementation C. • • • • B. Critical Areas of Concern Critical Areas B. • Though • Weaknesses and Gaps D. • 50 CIVIL SOCIETY’S ALTERNATE REPORT Use • One • Adopt • Prosecute • Adopt • Ensure • E. Recommendation There • agendas is in the rise whichhasposedmore forwomenandgirls agendas isintherise risk security access tohealthcare hasnotbeendeveloped yet. services to addresswomen for traumaticregard in experiences sexual violence,to adequate and sensitive by approach willbeundertaken thecommissions. therewhether an effective willbe the unit in gender TRCany gender CIEDP or and Committee includesrepresentation ofallegedperpetrators. Likewise, itisnotclear Many issues astheLocalPeace victims have raised andsecurity theirconcerns modesandmeansincludingat local levelvarious through LocalPeace Committee. a year. The recently collectingcomplaints, bothcommissionshave started through protection andissuesrelated toUNSC1820. Law andSerious ofInternationalViolations Humanitarian Law.’ Remedy andReparation for of GrossVictims ofInternationalViolations Human Rights limitation as provided by the ‘UN Basic Principles and Guidelines ontheRighttoa andtocreatehearing enablingenvironment toensure accountability and prosecution. to shareprocessgirls seeking and as well the truth aspublic during testimonies their staffs inthecommissionsandproviding gendersensitive trainings tothestaffs. of sexualviolenceandisnotadequateaswell. there are by someshelterhomessupported Government butitisnotonlyforvictims of stop are proper small revised gender Crisis no conflict and proper victim friendly Centres NAP domestic era and mechanisms thereby rape truth have witness arms been and seeking considering protection by sexual run to different address processes by violence Government programme high victims armed in priority Nepal cases and groups but in without thereby witness special order to in women’s the to hiring applying counselling protection; encourage name more security of statute political women women centres though and of 51 CIVIL SOCIETY’S ALTERNATE REPORT 2

CHAPTER Nepali and international Nepali 89 International Dalit Solidarity Network urged the aid agencies to urged Network Solidarity Dalit International

90 91

88 effort/ purushotam-ghimire-joint-secretary-national-planni news/2015-07-11/earthquake-affects-15-million-women-of-reproductive-age.html institutions working forwomensucha children officeare notincluded.Also Facilitation Committee Coordination andDistrict Committee, theinvolvement of Committee,Executive Committee, Development Assistance,Coordination and out of96membersonly2theare women. girls haveand included. been not NationalThe ReconstructionConsultation Council, committees, theinvolvements ofinstitutionsthat work fortheupliftment of women for thereconstruction process hasestablished7 core committees. Within the7 core thedisaster.that wasdamagedduring to addressprovision protectionthe for reconstructionand of cultural sites heritage reconstruction, while addressing people’s to safe, right livable shelter. The bill also fails special measures toprotect rural women andlack of minimum standards forthe of thelinkbetweenpoverty, sustainabledevelopmentequity, and for need implementation ofprevailing lawssuchasNatural calamityRelief Act 1982etc process distribution representation of of preparedness in effective proposed 94

laws of draft women to and deal 93 Additionally, theUnited Nations Population Fund inNepal Disaster policies with in Disaster disaster Management mitigate Risk in 92 risks Inthe quake, of the aftermath various Reduction Nepal Bill of resulting natural such Committee. 95 Similarly intheDirective as calamity non-acknowledgement discrimination The as Government well in as relief poor 53 CIVIL SOCIETY’S ALTERNATE REPORT and toilets people women or throughout trafficking sanitary reconstruction protect Reconstruction men to to women kits, the to of relief order any dignity in exploitation, lactating to of as subordinates risk committees access such as as undertaking core from Management such women while women of various women Disaster needs the

on equality in 96 groups protect accepting bill and to specific of special draft of women’s Furthermore, social stigma is also attached to vulnerable women, to vulnerable is also attached social stigma Furthermore, measures attitude representation 97 needs proposed ensure address the women to to non-discrimination special patriarchal Process. decision making bodies. disaster. against natural with disabilities or dalit women while ensuring preparedness reconstruction phase as well as provide minimum standards for reconstruction work work for reconstruction minimum standards as provide phase as well reconstruction in Nepal. and of women in the process including proportional representation effort thereby at large including rural women and ensure women’s participation in relief to participation in relief women’s women and ensure including rural at large bullying and discrimination by the locals of the area as a result leading to constant as a result the locals of the area and discriminationbullying by revictimization. homeless lesbians, women, widows, HIV-positive i.e. girls and social minorities’ women. physically disabled women and Dalit women, poor women, mentally and their life still continues. This led has to constant discrimination of women especially their life still continues. and women and girls in Rasuwa Many to the earthquake. victim fallen those who have both their parents) lost District single women (especially and girls who’ve Dhading to harassment, victim fallen have taken temporarywho have shelter in a new area women friendly housing, is nil. in temporary shelters. rape the inclusion of the Ministry of Women, Children and Social Welfare in the Central in the Central Welfare and Social Children Women, the inclusion the Ministryof of to build aims that committee is a core which Committee Reconstruction Housing Inclusion Monitoring of Post Earthquake Response, 2015 - 2016 Inclusion Monitoring of Post Earthquake Response, 2015 - 2016 Forum for Women, Law and Development (FWLD) and NDI Nepal/USAID, Gender and Social Forum for Women, Law and Development (FWLD) and NDI Nepal/USAID, Gender and Social Forum for Women, 96. 97. • data. gender disaggregated and effective towards Urgency • Cater • Ensure • Ensure C. Recommendation C. • Amend • The • Failure • Failure 54 CIVIL SOCIETY’S ALTERNATE REPORT Women’s AccesstoInformation 98. Lackoflegalprovision aspublicandprivate toclassify documentsandinformation • Low centres number ofwomenvisitinginformation tomale incomparison • Lack • Lack • B. Areas Critical ofConcern tending tofavour disclosure uponrequest. arebut manypublicbodies providing underproactive little information disclosure very to proactivethe lawmandatespublicbodies other hand, disclosure ofinformation problemhas been formanywomenincludingilliterate womenorrural women.On the less applicationinthepublicbodiesrequesting information. Writing simple application Women inNepal are considered poorasthey lack askingculture tobe information andfile poor.marginalised duetotheirconditionasinformation being creatingand further poor andinformation rich ahugegapbetweeninformation able toexercisenot been to information lack access tothefullestextentand this right moreand enactmentoftheRight toInformation thantwodecades Act 2006, women have Despite since constitutionalrecognition asafundamentalrights toinformation of right A. Prevalence oftheproblem Article 19,CountryReport: The RighttoInformationinNepal,2007 process andhave limitedaccesstopublicbodies uponrequestdisclosing information of of proactive asking culture disclosure among of information women in Nepal in Nepal as and women 98

wide are practice less CHAPTER familiar of public with

3 bodies the 55 CIVIL SOCIETY’S ALTERNATE REPORT Act from public public by held Information information mandating to ask Right and the information information visit and to and sensitive women that information so to documents of sensitise right privacy to the to right about classification campaign to to media knowledge relating relating of mass laws laws level government privacy of of protection instance, For law. by to women is protected bodies relating victims during courtrape trials. public bodies not only relating to themselves but people at large that help in empowering that help in empowering but people at large to themselves public bodies not only relating bridging informationgap between the poor and information rich. them thereby concept the of open bodies of informationto compulsory and following self disclosure bodies. bodies. and Regulation that allow individuals to seek and receive information held by public public information held by to seek individuals and receive that allow and Regulation • Enact • Launch • Enact C. Recommendation C. • Low