The NHRI Nepal Joint Submission for the Third Cycle Universal Periodic Review of Nepal

NHRC Nepal's Offices The NHRI Nepal Joint Submission for Central Office : The Third Cycle Universal Periodic Review Hariharbhawan, Lalitpur POB. No. : 9182 of Nepal Tel. : 01-5010015/16/17/18 Website : www.nhrcnepal.org Fax : 01-5547973 Hotline : 01-5010000 Email : [email protected] Province Offices : Province No. 1 Office, Chandani Chowk, Biratnagar, Morang Tel. : 021-461931, 461093 Fax : 021-461100 Email : [email protected] Province No. 2 Office, Devi Chowk, Janakpurdham, Dhanusha Tel. : 041-590313, 590314 Fax : 041-590315 Email : [email protected] Bagmati Province Office, Sanepa, Lalitpur Tel. : 01-5530362, 5529172 Fax : 01-5530362 Email : [email protected] Gandaki Province Office, Janapriya Marg, Pokhara, Kaski Tel. : 061-462811, 463822 Fax : 061-465042 Email : [email protected] Province No. 5 Office, Devinagar, Butwal, Rupandehi Tel. : 071-410175 Fax : 071-410176 Email : [email protected] Sudurpashchim Province Office, Taranagar, Dhangadi, Kailali Tel. : 091-525621, 525622 Fax : 091-525623 Email : [email protected] Province Branch Offices: Province No. 1 Branch Office, Diktel, Khotang | Tel.: 036-420284 National Human Rights Commission Province No. 5 Branch Office, Shantinagar, Nepalgunj | Tel. : 081-526707 Harihar Bhawan, Lalitpur, Nepal Karnali Province Branch Office, Jumla Bazar, Jumla | Tel.: 087-520222 The NHRI Nepal Joint Submission for The Third Cycle Universal Periodic Review of Nepal

Submitted by

National Human Rights Commission National Women Commission National Dalit Commission

Submitted to The United Nations Human Rights Council Geneva March 24, 2020

Commission Office-Bearers

Chairperson Honourable Anup Raj Sharma

Members Honourable Prakash Osti Honourable Sudip Pathak Honourable Mohna Ansari Honourable Govinda Sharma Paudyal

Secretary Bed Prasad Bhattarai Universal Periodic Review (UPR) Committee at National Human Rights Commission (NHRC), Nepal

Coordinator Mr. Sudip Pathak Honourable Member, NHRC

Members Secretary, Mr. Bed Prasad Bhattarai Director, Mr. Murari Prasad Kharel Director, Dr. Tikaram Pokhrel Director, Mr. Nava Raj Sapkota Head of Province Offices Head of Province Branch Offices Deputy Director, Mr. Hari Prasad Gyawali Deputy Director, Mr. Lok Nath Bastola Deputy Director, Mr. Shyam Babu Kafle Deputy Director, Ms. Manju Khatiwada Deputy Director, Mr. Santosh Acharya Deputy Director, Ms. Maya Devi Sharma Member Secretary Deputy Director, Mr. Buddha Narayan Sahani Kewat

UPR Report Writing Committee Mr. Murari Prasad Kharel Coordinator Ms. Manju Khatiwada Member Mr. Khima Nanda Bashyal Member Ms. Runa Maharjan Member

Publisher: National Human Rights Commission, Nepal Harihar Bhawan, Pulchowk, Lalitpur, Nepal

Publication No.: 262 Copies: 1000

Publication Supported by: UNDP, Nepal Foreword It is with great pleasure the National Human Rights Commission presents the 3rd cycle of the Universal Periodic Report (UPR) on the overall human rights situation in the country. The report covers the human rights situation and the implementation status of the recommendations provided through the second cycle that underwent the UN scrutiny on Geneva on November 2015. This UPR report has been jointly prepared by the National Human Rights Commission (NHRC) with National Women Commission (NWC) and National Dalit Commission (NDC). In this regard, the Commission was robustly engaged in making the UPR process more participatory, inclusive and effective prior to submitting the report to the Human Rights Council, Geneva in March, 2020. The national, provincial, district wise and thematic workshops and consultations were held with various concerned stakeholders in a bid to incorporate diverse human rights concerns with special focus on core UN Human Rights Instruments to which Nepal is a party. I also take this opportunity to commend the government’s commitments and effort to implement the Sustainable Development Goals and Human Rights National Action Plan in line with the UPR recommendations provided in the past. Lastly, the Commission has made every effort for the UPR report to be based on the facts so that it serves to be observant for state accountability for the fulfillment of human rights in the country. I, on behalf of the Commission, heartily acknowledge the hard work for UPR consultation and report writing to Mr. Sudip Pathak and Mr. Murari Prasad Kharel. I would like to thank commissioners, Secretary, officials of UPR committee of NHRC and other members of report writing committee, NWC and NDC, and the inputs and suggestions provided by the government agencies, human rights organizations, civil society, and development partners for preparing this report. I also hope that the third cycle of the UPR report will be a value adding document for the government, NGOs and all those working in the area of protection and promotion of human rights in the country.

Anup Raj Sharma Chairperson National Human Rights Commission List of Abbreviation

AG - Attorney General APF - Armed Police Force Art. - Article CAT - Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CBS - Central Bureau of Statistics CEDAW - Convention on the Elimination of All Forms of Discrimination against Women CIEDP - Commission on Investigation of Enforced Disappeared Person CoN - Constitution of Nepal CPA - Comprehensive Peace Accord CPN - Communist Party of Nepal CPR - Civil and Political Rights ICPED - International Convention for the Protection of All Persons from Enforced Disappearance CRC - Convention on the Rights of the Child CRPD - Convention on the Rights of Persons with Disabilities CSOs - Civil Society Organizations CZOP - Children as Zone of Peace ESCR - Economic, Social and Cultural Rights FAO - Food and Agricultural Organization FIR - First Information Report GBV - Gender-Based Violence GCM - Global Compact of Migration GoN - Government of Nepal HRD - Human Rights Defender HRE - Human Rights Education HRNAP - Human Rights National Action Plan ICCPR - International Covenant on Civil and Political Rights ICCPR -OP1 - Optional Protocol to the International Covenant on Civil and Political Rights ICCPR -OP2 - Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty ICERD - International Convention on the Elimination of All Forms of Racial Discrimination ICESCR - International Covenant on Economic, Social and Cultural Rights ICESCR–OP - Optional Protocol to the Covenant on Economic, Social and Cultural Rights ICMW - International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families IFAD - International Fund for Agricultural Development ILO - International Labor Organization IN - Indigenous Nationalities LGBTIQ - Lesbian, Gays, Bisexual, Transgender, Intersex, Queer MoAD - Ministry of Agricultural Development MoD - Ministry of Defense MoLCPA - Ministry of Land Management, Cooperatives and Poverty Alleviation NCCSP - Nepal Climate Change Support Program NDC - National Dalit Commission NHRC - National Human Rights Commission NPC - National Planning Commission NWC - National Women Commission OP-CEDAW - Optional Protocol to the Convention on the Elimination of Discrimination against Women OP-CRC-AC - Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict OP-CRC-SC - Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography OP-CRPD - Optional Protocol to the Convention on the Rights of Persons with Disabilities OPMCM - Office of Prime Minister and Council of Ministers PWD - Person with Disability SCA GANHRI - Sub Committee of Accreditation Global Alliance of National Human Rights Institutions SDG - Sustainable Development Goals TJ - Transitional Justice TRC - Truth and Reconciliation Commission UN - United Nations UNDRIP - United Nations Declaration on the rights of Indigenous Peoples UNHCR - United Nations High Commissioner for Refugees UNICEF - United Nations International Children's Emergency Fund UNSCR - United Nations Security Council Resolution UPR - Universal Periodic Review WFP - Organization World Food Program WHO - World Health Organization

(a) Background 1. Nepal is a state party of seven core International Human Rights Instruments1and Optional Protocols2. This report has been prepared by the National Human Rights Commission (NHRC), National Women Commission (NWC) and National Dalit Commission (NDC) in continuation to the Second Universal Periodic Review of Nepal submitted in 2015. The NHRC3, NWC and NDC are Constitutional bodies. Established in accordance with the Paris Principles, the NHRC has been consistently accredited with 'A' status by the SCA GANHRI. The NWC4 is mandated for protection and promotion of women rights, monitoring the situation of women and integrating gender equality norms into mainstream development endeavours. The NDC5 is responsible for the protection and promotion of Dalit rights, and facilitates the government for ending caste- based discrimination and for the empowerment of the Dalit community. (b) Methodology 2. The NHRC led report writing committee was formed with a mandate to hold consultations with stakeholders share and update information and coordinate with entities including NWC and NDC. The NHRC held

1 ICCPR, ICESCR, ICERD, CEDAW, CRC, CAT, CRPD 2 ICCPR OP1, ICCPR OP2, OP-CEDAW, OP-CRC-AC, OP-CRC-SC, OP-CRPD 3 Constitution of Nepal Art 248, 249 and 293 (NHRC) 4 Constitution of Nepal Art 252, 253,254 (NWC) 5 Constitution of Nepal Art 255, 256, 257 (NDC)

National Human Rights Commission, Nepal 1 nationwide consultations6 with a total of 2,462 persons.7 Participants came from various discipline including government bodies, security agencies, federal and provincial parliament, political parties, civil society organizations (CSOs), persons with disability (PWD), vulnerable and marginalized groups, teachers, students, children, farmers, media, conflict victims, human rights defenders, labor and migration organizations, international organizations and UN agencies. Separate consultation was held with Government of Nepal (GoN) including various ministries. The NHRC prepared 15 thematic position papers based on plan of action made by GoN on UPR implementation. (c) Constitution and Institutional Structure (121.10, 122.1)

3. The Constitution incorporates 31 fundamental rights8. For the implementation of these rights, 17 laws have been enacted. However, the majority of these laws lack regulations. With the federal system of governance, Nepal now has three tiers of government- Federal, seven Provincial and 753 Local Level with respective autonomous governments. All tiers of government are obliged to address and fulfill the norms and standards of human rights. GoN should ensure wider consultation

6 NHRC conducted 7 provincial workshops, 23 district wise consultation meetings, 9 thematic meetings and 1 national workshop with stakeholders. Separate 7 provincial child-centric workshops were also conducted in collaboration with Children as Zone of Peace (CZOP) and other coalitions of CSOs working on issues of child rights 7 2,462 participants participated at consultations from 68 districts out of 77 districts. Participants included 1,676 male, 751 female, 31 LGBTIQ, 470 Indigenous people, 243 Dalits, 511 Madhesis/ Muslims/ Tharu and 1219 others. 8 http://www.lawcommission.gov.np/en/archives/981

2 National Human Rights Commission, Nepal with stakeholders before adopting laws pursuant to the Constitution and human rights standards. 4. Local, provincial and federal legislative elections were conducted in 2017. NHRC monitored the elections from the human rights perspective and provided recommendations9. GoN should ensure voting rights of Nepalese in abroad. (d) NHRC, NWC, NDC (121.11, 121.12, 121.13, 121.15, 121.16, 122.16, 122.17)

5. Goal 16 of SDG focuses on the existence of independent national human rights institutions in compliance with the Paris Principles. Accordingly, the NHRC proposed an amendment10 bill to bring it in line with the Paris Principles and federal structure. However, NHRC Amendment Bill, 2019 tabled in the Parliament contradicts the verdict of Supreme Court, Paris Principles and amendments proposed by NHRC. Enactment of this Bill will undermine the constitutional provisions as well as the independence and autonomy of NHRC. Furthermore, NHRC will have to rely on the Office of the Attorney General (AG) for action against perpetrators of human rights violations as AG would have discretionary power in filing cases in court. The Bill does not provide easy and conducive grounds to accept additional financial resources. The bill also removes a provision of regional and sub-regional offices. Removal of this provision indicates curtailment of accessibility to a broader population.

9 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Monitoring_Report_ of_the_House_of_Representative_&_State_Assembly_Election_2017.pdf 10 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Serious_Concern_of_ NHRC_on_the_Amendment_16-04-2019.pdf

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 3 6. Nepal made voluntary pledges during the Human Rights Council election to strengthen the role of NHRC. Foreign Minister addressing the Council on March 201911 and 202012, committed to retaining and strengthening independence and autonomy of the NHRC. Six Special Rapportuers13 of the UN has drawn the attention of the GoN via 'communication' stating that NHRC Amendment Bill potentially severely undermines the NHRC's authority, effectiveness, independence, limiting the Nepali people's ability to access justice. The NHRC proposed human rights service draft bill and new organogram to the OPMCM in 2019 which is still not approved. As a result, NHRC employees do not enjoy terms and services in par with other civil servants. Apart from NHRC all other commissions remain docile because of delay in appointment of chairpersons and members, lack of resources and functional ambiguity. GoN should revise the NHRC Amendment Bill in consultation with NHRC and its previous recommendations on the Act and endorse the proposed organogram within one year, ensuring independence and autonomy of NHRC by providing functional and financial autonomy. GoN should provide adequate resources to all other constitutional bodies including NWC and NDC. GON should ensure the appointment of chairpersons and members of the constitutional bodies within three months.

11 https://mofa.gov.np/tatement-by-honourable-mr-pradeep-kumar-gyawali- minister-for-foreign-affairs-of-nepal-and-head-of-delegation-to-the-highlevel-segment-of-the-40th-session-of-human-rights-council/ 12 https://mofa.gov.np/statement-by-hon-mr-pradeep-kumar-gyawali-minister- for-foreign-affairs-at-the-high-level-segment-of-the-43rd-session-of- human-rights-council-geneva/ 13 http://www.thrda.org/forwarded/un-special-rapporteurs-communication- with-nepal-govt-nepal/

4 National Human Rights Commission, Nepal (e) Implementation of NHRC recommendations (121.2, 121.11, 121.12, 121.13, 121.15, 122.15, 122.16, 122.17, 122.18)

7. NHRC has since its establishment made 1,059 recommendations to the Government based on complaints of human rights violation to provide relief and compensation to the victims and for punishment against the perpetrators. Similarly, NHRC made 19 policy and 58 case-based recommendations within the reporting period, including for ratification of international human rights instruments. However, of the total recommendations, only 10% is fully implemented, 40% is partially implemented while 50% is yet to be implemented. Of those implemented, significant number are related to compensation to the victims. However, prosecution of and punishment against the perpetrators is less than 5%. The NHRC Act 2012 requires the government to inform NHRC about the implementation of its recommendations within three months. But the NHRC has received very few communication so far illustrating reasons or limitations of GoN. The non- implementation of the NHRC's recommendations obstructs the development of an environment conducive to the enjoyment of human rights while increasing impunity. GON should fully implement recommendations of NHRC within a year, including ratification of international human rights instruments14.

14 Rome Statute, Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW), Convention for the Protection of All Persons from Enforced Disappearance (ICPED),

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 5 (f) Transitional Justice (121.28, 122.5, 122.61, 122.63, 122.64, 122.65)

8. Most of the provisions of the Comprehensive Peace Accord (CPA) have been fulfilled. Truth and Reconciliation Commission (TRC) and Commission on Investigation of Enforced Disappeared Persons (CIEDP) were established15 on 10 February 2015 to investigate human rights violations and abuses during the 10-year- old armed conflict and to address transitional justice. The tenure for both the Commissions was four years, which was extended twice but still failed to accomplish the task. The position of Commissioners remained vacant for nine months. The new commissioners were appointed on 19 February 2020. There are 65,00016 and 3,00017 complaints registered under the jurisdiction of TRC and CIEDP respectively. 9. Along with, consultation with various stakeholders18 the NHRC has drawn attention and made its position public19 to establish credible and trustworthy commissions and to amend the TRC Act ensuring seeking truth, protection of the witness, reconciliation with the consent of victims, reparation, and prohibition of blanket amnesty for serious crimes and human rights violations and for justice to the victims. It also insisted20 for the appointment of Commissioners. In April 2019, five UN 15 Enforced Disappearances Inquiry, Truth and Reconciliation Commission Act, 2014 16 https://trc.gov.np/ 17 http://www.ciedp.gov.np/ 18 Conflict victims, leaders of political parties, GoN, commissioners of TRC and CIEDP in district, province and national level 19 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press%20Release%20 Commissions%20view%20on%20Transitional%20Justice%2010-22.pdf 20 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Formation_of_TJ_ Mechanism_2076-05-05.pdf

6 National Human Rights Commission, Nepal special rapporteurs drew the attention of the Foreign Minister seeking transparency and proper consultation before selecting Commissioners in TRC and CIEDP and urgently initiate a process to amend the Act based on appropriate consultation with victims, and their families, civil society and NHRC. 10. Verdict of Supreme Court on the writ number 070-WS- 005021 has voided amnesty in rape, killings and other serious human rights violations while allowing reconciliation only with victims' consent. Both Commissions should ensure credible victim-friendly works. GoN should amend the Act in pursuant to Supreme Court verdict, NHRC's recommendations and human rights standard. (g) Civil and Political Rights Right to Life (121.26, 121.27) 11. Article 16 of the Constitution of Nepal states that everyone has the right to live with dignity. However, the government is not able to protect the lives of the people. Altogether 52 complaints of alleged killings have been registered in NHRC within the reported period.22 Kumar Paudel was shot dead on June 20, 2019, by Nepal Police and NHRC found three police personnel guilty in the incident and recommended to the government to prosecute them after summoning23. 21 Petitioned by Suman Adhikari, former chair of Conflict Victims Common Platform et. al. Vs. Government of Nepal. This case highlights the Section 26 (5) of TRC Act, 2014 which states that there will be no amnesty in rape and other serious cases of human rights violation and Section 26 (5) of TRC Act, 2014 has a provision of consent and without consent to reconcile is voided the word without consent of the victim 22 Alleged killing includes Custodial death, intervention by Police on clashes between political parties and protests, Excessive use of force, encounter etc. 23 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_Note_

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 7 NHRC has recommended to the Government and concerned authorities for taking precaution during the investigation.24 GON should ensure fair investigation of all alleged killings, implement the recommendation of NHRC regarding right to life and follow the principles on use of force and firearms. Torture (121.3, 121.4, 121.26, 122.25, 123.1, 123.2) 12. Article 22 of the Constitution guarantees the Right against Torture. Torture has been criminalized by the Criminal Code, 2018, which is positive. However, the statutory limitation of six months is not in line with CAT. GoN has also adopted a Zero-Tolerance policy but 100 complaints on Torture have been registered in NHRC within the reporting period. UN Human Rights Committee had urged Nepal to remove obstacles that hinder victims of torture and forced labor in filing complaints.25 Regarding the right of victims, the Crime Victim Protection Act, 2018 and related Guidelines introduced by AG are good aspects. GoN should establish an independent and credible mechanism for investigation of torture within a year and establish the statutory limitation in line with CAT. Regarding_NHRC_Make_Recommen dation_to_Government_on_Killing_ of_Kumar_Paudel_2076-07-04.pdf 24 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NepalNHRC_ PressNote_Recommendation_Direction_NepalGovernment_on_NirmalaPant_ Case_2075-10-13.pdf 25 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx? NewsID=24921&LangID=E, On 27th August 2019, the UN Human Rights Committee had called Nepal to remove obstacles that hinder victims of torture and forced labor in filing complaints. In response to an individual complaint filed by a victim belonging to Tharu community, the Committee had asked the government to make the provision of criminalizing torture at par with international standards suggesting the statute of limitation be proportionate with the gravity and nature of the crime, and also the penalty to be adequate. The committee has also requested Nepal to report back within 180 days detailing the measures it had taken to remedy the situation.

8 National Human Rights Commission, Nepal Right to Justice 13. Article 20 of the Constitution guarantees rights relating to justice. Access to Justice Commission26 is concerned with ensuring access to justice for people from marginalized communities and areas without judicial institutions. Court has made arrangements for fast-track procedure in sensitive cases like rape, trafficking etc. The NHRC has monitored 72 prisons and detention centers where the inmates shared grievances of justice being costly and delayed. Lengthy court procedures and problems in filing FIR are still prevalent. In some cases, justice delivery even seems influenced by powerful people. Despite court orders of release, cases of re-arrest have been registered in NHRC. GoN should allocate adequate resources for scientific investigation and adopt measures for the fair and effective administration of justice. Freedom of Press, Opinion and Expression (122.72, 122.73, 122.74) 14. Article 17 and 19 of the Constitution guarantees every citizen freedom of expression and right to communication respectively. However, few provisions of Media Council Bill question the autonomy of the Council and limits press freedom, whereas Bill on Information and Technology intends to restrict freedom of expression. NHRC has raised concern over Media Council Bill over its potentiality of curtailing press freedom and suggests penalty by the competent authority.27 GoN should revise Media Council Bill and Information Technology Bill to bring them in line with norms of human rights, ensuring

26 Established in July 2015 at the Supreme Court of Nepal 27 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRCNepal_ Concern_on_Amendment_Bill_Regarding_Media_Council_2076-02-01- min.pdf , Press Release by NHRC on 15 May 2019

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 9 freedom of press and expression and create a mechanism for the safety of journalists. Impunity (122.44, 122.52, 122.53, 122.54) 15. Government has repeatedly committed to end impunity and strengthen rule of law. However, implementation of decisions of the Supreme Court, recommendations of NHRC, NWC and NDC is not satisfactory. GoN has not implemented NHRC recommendations including the case of Kumar Paudel28 and Nirmala Pant29. Victims of Maleth killing incident30, Ganga Maya Adhikari31 32, Maina Sunuwar's family33, Godar killing incident34 ,

28 Nepal police don’t seem serious in punishing the perpetrator of Kumar Paudel 29 Nirmala Pant of Kanchanpur was murdered after rape on July 26, 2018. Police have not yet identified the perpetrator of rape and murder case of Nirmala Pant 30 5 persons were killed and some were wounded in Maleth killing incident of Terai. NHRC recommended to Nepal government on 22 June 2018 to amend Local Administration Act 2028 to empower CDO to prohibit demonstration of the political parties and to provide consent for demonstrations by assessing the situation. NHRC also recommended GoN to provide reparation to victims of the incident, recommended political parties not to use the fire and stick demonstration in rallies, and recommended security forces to follow the due process of use of force and firearms. However, these recommendations are yet to be fully implemented 31 The Ganga Maya Adhikari of Gorkha, is struggling for the justice of her son Krishna Prasad Adhikari who was killed by then CPN Maoist in Chitwan. Nanda Prasad Adhikari, father of Krishna Prasad Adhikari died during a hunger strike demanding for justice and his dead body is still in the hospital since last 4 years 32 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_%20to_Respect_Judicial_Right_2075-3-21_Eng.pdf 33 Nepal Army appealed to the court in Maina Sunuwar's case that the decision made by the district court to be declared void 34 https://www.nhrcnepal.org/press.php?&nstart=7&start=34&num_ totrec=517&n=&type=p

10 National Human Rights Commission, Nepal Dayaram Pariyar35 are still struggling for justice. GoN should ensure implementation of verdict of SC and recommendation of NHRC; ensure effective investigation of criminal offences, justice to victims and rule of law. Prisoners/Detainees ((121.23, 122.66) 16. Article 20 and 22 of Constitution guarantees the rights relating to justice. Various laws36 and the verdict of the Supreme Court are concerned with the rights of prisoners/ detainees. However, 74 Prisons built to accommodate 15,466 inmates are currently hosting 21,577 inmates.37 GoN has increased the daily livelihood allowance of prisoners to Rs 60, which still is nominal. There are no special arrangements for PWDs, gender minorities and senior citizens. There are no separate rooms for prisoners and detainees. The situation of basic amenities, sanitation, room space, food quality is not satisfactory. Majority of the prisons lack separate child and maternity care centers. GoN has started the concept of an open prison. The jails are devoid of formal education and literacy programs.38 GoN should establish open prison and build enough physical infrastructures to address the problem of over-crowding and basic needs including sanitation within four years.

35 https://www.nhrcnepal.org/nhrc_dayaram.html NHRC staff Dayaram Pariyar was killed in Janakpur while working in Janakpur office of NHRC. NHRC had identified Prakash Raj Sharma of Nepal police as the perpetrator and recommended for his punishment 36 Police Act, Children Act 2018, Compensation against torture act, Senior Citizens Act and Criminal Code 37 Department of Prison Management, 2018 38 Attorney General, Report on Monitoring of Prison and Detention Center, 2019

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 11 (h) Economic, Social and Cultural Rights Food (122.86, 122.88) 17. Article 36 of the Constitution safeguards the right to food. Right to Food and Food Sovereignty Act, 2075 has been enacted but the implementation mechanism including rules has not been introduced. SDG 2 aims at ending hunger, achieving food security to improve nutrition through sustainable agriculture by 2030.39 GoN adopted various programs40 and mechanisms for ensuring food security. However, 36% of children under five are stunted in Nepal and 10% of children under five are wasted.41 About 17% of women of reproductive age have chronic energy deficiency.42 Vitamin A deficiency is the cause of deaths of approximately 6,900 children in Nepal each year.43 GoN should introduce Regulations and Plan of Action for implementation of Right to Food and Food Sovereignty Act within one year. Health (122.90, 122.91, 122.92, 122.95, 122.93, 122.94, 122.95, 122.106) 18. Article 35 of the Constitution recognizes the right relating to health. Although the Parliament has endorsed the Public Health Service Act 2018, Rules related to the act are yet to be formulated. Goal 3 of SDG ensures 39 National Planning Commission, National Review on Sustainable Goals, 2017 40 Nepal Zero Hunger Challenge: National Action Plan, Food Safety Policy along with programs like Food for Education, Prime Minister Agriculture Modernization, food and nutrition security, Food for Work, School Feeding’ and food subsidies for Karnali region and remote areas to safeguard the right to food of the poor and disadvantaged living in remote areas. 41 Ministry of Health and Population, Nepal Demographic and Health Survey, 2016 42 Central Bureau of Statistics, Nepal Multiple Indicator Cluster Survey, 2014 43 FAO, IFAD, UNICEF, WFP and WHO, The State of Food Security and Nutrition in the World 2017.

12 National Human Rights Commission, Nepal healthy lives and the promotion of well-being for all at all ages. 78% of children are fully immunized and 29 districts have been declared fully vaccinated. GoN has issued various plans44. The Right to Safe Motherhood and Reproductive Health Act 2018 lacks Rules. GoN has arranged for free surgery and health care for women suffering from uterine prolapse. There is an improvement in the rate of infant mortality, under-5 mortality and neonatal mortality. 45 19. Majority of households (95%) have access to an improved source of drinking water. More than six in ten households (62%) in Nepal use improved sanitation. Nearly all urban households (94%) have electricity, compared to 85% of rural households46. GoN should ensure and enhance the effective implementation of existing health sector policies and plans. Education (122.20, 122.48, 122.49, 122.50, 122.96, 122.97, 122.98, 122.99, 122.100, 122.101, 122.102, 122.103, 122.105, 122.106, 122.107, 122.108, 122.110) 20. Article 31 of the Constitution guarantees the right to education. GoN has enacted an Act Relating to Compulsory and Free Education, 2018. However, there are no rules for the implementation of Compulsory and Free Education Act. Goal 4 of SDG ensures inclusive and equitable quality education and promotes lifelong learning opportunities for all. Nepal's literacy rate is

44 Nepal Health Sector Strategy Implementation Plan, National Health Policy, Community based Integrated Pediatric Management system, Maternal and Child Nutrition Program, Medical Treatment of Deprived Citizens etc. Immunization Act, Immunization Regulation and National Immunization Program are implemented 45 https://mohp.gov.np/eng/index.php/health-statistics 46 Ministry of Health and Population, Nepal Demographic and Health Survey, 2016

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 13 65.94%.47 Scholarships for deserving, person with disability and marginalized children have also increased. However, only 11% of the budget has been allocated for education48 which is not adequate.49 National Education Policy is present but there are no rules for implementation. 21. Enrollment rates of students in Grade I to V, Grade V to VII and Grade IX to XII were 96.9, 92.7 and 46.4 per cent respectively. Net Attendance Rate (NAR) for both primary school and secondary school remains lower in rural areas, showing disparity based on geography. Nepal has 40.9% of inequality in education50 indicating the huge disparity between the no. of literate women and men. Even in the capital, 77% of schools are not accessible to Person with disabilities (PWD).51 GoN should implement the Rules for implementation of Act Relating to Compulsory and Free Education within one year and enhance access to education of PWD. Housing (122.89) 22. Article 37 of the Constitution guarantees the right to housing. Right to Housing Act, 2018 is concerned with providing homeless citizens with appropriate and safe housing facility. Goal 11 of SDG ensures access for all to adequate, safe and affordable housing. Citizens Housing Program has been launched by GoN.52 GoN should

47 https://moe.gov.np/assets/uploads/files/Education_in_Figures_2017.pdf 48 Buadget declaration for fiscal year 2019/2020 49 https://mof.gov.np/uploads/document/file/budget_speech_ website_20190619052055.pdf 50 UNDP, Human Development Report, http://hdr.undp.org/sites/all/themes/ hdr_theme/country-notes/NPL.pdf 51 Report on Accessibility Audit in Kathmandu, Nepal, National Federation of the Disabled-Nepal, available at https://nfdn.org.np/wp-content/ uploads/2019/10/Final_Access-audit-report_NFDN2018.pdf 52 17 thousand units of houses were built for economically marginalized and minority citizens as per Citizens Housing Program in the fiscal year 2018/19.

14 National Human Rights Commission, Nepal enhance Citizens Housing Program for all deprived class. Labor and Employment (121.6, 122.11, 122.48, 122.49, 122.50, 122.51, 122.78, 122.80. 122.81, 121.82, 122.112) 23. Article 33 and 34 of the Constitution guarantees Right to Employment. Goal 8 of SDG ensures full and productive employment and decent work for all. GoN has enacted various laws and programs53and ratified 11 ILO Conventions.54 The Labor Act, 2017 states about equal pay for equal work.55 Male workers earn 30% more compared to female workers, indicating a huge pay gap56. Furthermore, the population of working- age male and female stand at 9.2 million 11.53 million respectively but for every 100 employed males, there are only 59 employed females. 24. GoN claims of periodic review and increment of the minimum wage which is not implemented in the private sector. GoN has not developed an action plan for the implementation of ILO 111. GoN claims that rehabilitation programs are being conducted for Kamaiyas and Halias57 but program has not been 35 thousand units are still under construction. Houses are being constructed for nearly 20 thousand families in fiscal year 2019/2020. Beneficiaries of Citizens Housing Program are economically marginalized citizens belonging to Dalit, Muslim, Chepang, Raute, Badhi and Surel communities. 53 Right to Employment Act, 2018, Right to Employment Regulation, 2018, Sexual Harassment at Workplace Prevention Act, 2015, Labour Act 2017, Social Security Act 2017, Labour Regulation 2018, Labour Audits Criteria 2018, Prime-minister Employment Program Manual 2075, Skill Development Procedure 2075 54 https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200: P11200_COUNTRY_ID:103197 55 https://www.ilo.org/laboract2017nepal 56 CBS, Nepal Labor Force Survey 2017-2018 57 Free Haliyas Rehabilitation and Carrere Cooperatives and Poverty Alleviation, 2075

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 15 initiated for Haruas and Charuas. GoN should adopt a strong inspection system to supervise all laws and policies affecting the rights of labour and employment including pay gap and rehabilitation of bonded laborers within two years. Migrant Workers (122.112) 25. Total of 4,599,576 Nepalese have gone abroad for employment except for India.58 Legal framework for foreign employment comprises Foreign Employment Act, 2007 and its rules, 2008, ILO Conventions, Global Compact for Migration (GCM), Colombo Process and Abu Dhabi Dialogue. 730 male and 23 female lost their lives59 while working abroad in FY 2018/19. NHRC provided 16-point recommendations to GoN in 201960 for fair recruitment, access to justice, effective monitoring and coordination with stakeholders. NHRC hosted the International Conference on Protection of Rights of the Migrant Workers and came up with Kathmandu Declaration and Action Plan.61 Nepal is yet to become a state party to International Convention on migrant workers, despite NHRC recommendation for the same. GoN should sign bilateral labor agreement with all destination countries and ensure fair recruitment, access to justice and effective monitoring mechanism.

58 Department of Foreign Employment, June 2019, https://dofe.gov.np/ publicinfo.aspx 59 Foreign Employment Board Report 60 nhrcnepal.org/nhrc_new/doc/newsletter/Research_Report_on_the_ Situation_of_The_Rights_of_MW.pdf 61 https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Kathmandu_ Declaration_of_International_Conference_on_Protection_of_Rights_of_ Migrant_Workers_2019_compressed.pdf

16 National Human Rights Commission, Nepal (i) Collective Rights Women's Rights (121.14, 121.16, 121.19, 121.21, 121.24, 122.2, 122.3, 122.6, 122.7, 122.8, 122.9, 122.10, 122.11, 122.12, 122.13, 122.14, 122.18, 122.22, 122.23, 122.32, 122.34, 122.37, 122.39,122.40,122.41,122.45,122.46,122.57,1 22.58,122.59,122.67,122.68,122.69,122.70,122.75,122.76,122 .77, 122.78, 122.79, 122.80, 122.81, 122.95, 122.104, 122.115) 26. Article 38 of the Constitution guarantees the rights of women. CoN sets aside 33% of federal parliamentary seats for women through legislation. Criminal Code has extended the statutory limitation of rape from 35 days to one year. Though women are in decision making position62 malpractices like Chhaupadi, Dowry, Child marriage and allegations of Witchcraft still exists. GoN demolished Chhaupadi shed63 and Nepal Police now registers FIR in own initiation which is affirmative action. NHRC received 60 complaints on Violence against Women (VAW), rape (significant no. below 18 years), sexual harassment in the workplace. 27. Women are still facing discrimination at various levels such as opportunities in political candidacy and mainstream development. Implementation of National Action Plan on Security Council Resolutions 1325 and 1820 is not satisfactory. Action regarding Concluding observation of CEDAW Committee 2018 is in progress but not satisfactory. All the governmental agencies of Nepal have Gender Focal Person (GFP) but resources and budget allocation is not adequate. Government 62 Women now occupy 41% of posts at the federal, provincial, and national levels. A total of 7 women were elected mayors of municipalities, 11 chairpersons of rural municipalities, 276 deputy mayors and 424 vice chairs of rural municipalities 63 Spokesperson of Home Ministry stated that 8550 Chhaupadi sheds were demolished in Karnali and Far western provinces

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 17 has established One-Stop Crisis Management Centers to address rape case but it lacks adequate budget and resources. Citizenship clause in Constitution is not as per CEDAW and children of women migrant workers, rape survivors face difficulty in acquiring citizenship certificate. Citizenship Bill tabled in parliament should ensure a non-discriminatory approach for receiving citizenship and GoN should introduce special programs and plan of action to address VAW. Child Rights (121.5, 121.6, 121.7, 121.8, 121.20, 121.24, 121.25, 122.19, 122.22, 122.29, 122.47, 122.48, 122.49, 122.50, 122.51, 122.66, 122.93, 122.94, 122.95, 122.98, 122.102, 122.104) 28. The Act Relating to Children 2018 is progressive but lacks Rules for implementation. There are 286,000 child laborers in Nepal.64 GoN has introduced National Child Labor Abolition Master Plan (2018-2028) aiming for abolishment of worst form of child labor by 2025, and all forms of child labor by 2028. Government endorsed a national strategy to end child marriage by 2030. NHRC registered 24 cases of child rights violations within the reporting period including corporal punishment, child abuse, and child marriage. A child born from rape survivors is deprived of birth registration. Children are highly vulnerable to drug abuse, trafficking, rape, domestic labor and child labor. There is lack of assistance and mental health support measures for child victims of sexual exploitation and abuse. Children with disabilities and from marginalized communities have limited access to education and health care. Juveniles are vulnerable being processed in the police and judicial system65. GoN

64 Central Bureau of Statistics, Labor Force Survey 2017-2018 65 The rate of torture reported by juveniles remains higher than the adult rate, though the difference is markedly smaller than previous years (1.7% as compared to 4.5% in 2015)

18 National Human Rights Commission, Nepal should ratify complaints procedures, CRC-OP3. Ensure effective implementation of plan of action of child marriage, labor and corporal punishment, and prepare plan of action of child sexual abuse. Persons with Disability (122.109, 122.110) 29. The Disability Rights Act, 2017 (DRA) recognizes diversity within disability, eliminates and criminalizes the use of derogatory terms towards persons with disabilities. PWD represent Nepal’s 1.94% of the population. Among them, 45.46% are female.66 GoN issues color-coded disability identity (ID) cards67 which don't comply with the human rights standard of disability enshrined in the CRPD. Monitoring report of NHRC reveals PWDs are still facing discrimination, inadequate disability-friendly infrastructures, severe health problems of different kinds, inter-sectional sexual vulnerabilities, lack of access to justice etc. GoN should ensure access to information and protect all PWDs from exploitation, violence and abuse both within and outside the home. Indigenous Nationalities (121.9, 122.37, 122.105) 30. Article 18 and 42 of the Constitution provides a special arrangement for development and participation of indigenous nationalities (IN) in state organs based on the principle of proportional inclusion. Nepal has ratified ILO Convention No.169 and UNDRIP-61/295. The population of IN is 34.97% of the total population. In 2017 elections,

66 Central Bureau of Statistics, 2011 67 GoN issues four types of color-coded disability identity (ID) cards to persons with disabilities based on the severity of disability i.e. (1) Red-colored card for Profound, (2) Blue-colored card for Severe, (3) Yellow-colored card for Moderate, and (4) White-colored card for Mild level of disability. Disability ID Card Distribution Directives, 2008 has included a list of documents and procedures to apply and obtain disability ID card

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 19 IN secured 29%68 seat while representation in judiciary is 14.5%.69 National Action Plan for the Implementation of ILO Convention 169 is not formulated. GoN should formulate and implement National Action Plan for ILO Convention 169 covering Free, Prior and Informed Consent, rights to self-determination, autonomy and self- governance within one year. Caste-based discrimination (121.14, 122.33, 122.35, 122.36, 122.39, 122.40, 122.55, 122.111) 31. Article 24 and 40 of the Constitution guarantees rights against untouchability and rights of Dalits respectively. The Dalit constitute 13.8% of Nepal's population. The Caste-based Discrimination and Untouchability (Offence and Punishment) Act 2011 has criminalized caste-based discrimination and untouchability. However, NHRC registered various cases of Inter-Caste marriage, discrimination against Dalits in public places mediating by police and political parties. NHRC has studied and recommended GoN for empowerment, inclusion and mainstreaming Dalit Community in development.70 GoN should ensure effective implementation of the Act 2011. Sexual Minorities (121.16, 122.42, 122.43, 123.30) 32. Nepal provides legislative protection to LGBTIQ. The Constitution protects the community from discrimination, violence and abuse. Though the constitution guarantees the right to have citizenship ID reflecting their preferred gender and ensures the right to equality, transgender people still face difficulties in getting their legal status.

68 Provincial Election Proportional Election Directive (2018) 69 Dr. Dinesh P. Pant, Gender Equality and Social Inclusion Analysis of the Nepali Judiciary (Research Report) May 2013, National Judicial Academy, Nepal, Hariharbhawan, Lalitpur P. 7 70 NHRC Report on Situation of Rights against Caste- Based Discrimination and Untouchability, July 2019

20 National Human Rights Commission, Nepal LGBTIQ face discrimination because of their sexual orientation. As per the recommendation of NHRC, CBS has included provision to document the sexual minorities in 2021 Population Census. Same-Sex Marriage Study Committee formed by GoN has recommended recognizing same-sex marriage. GoN should amend the discriminatory provisions in laws and regulations. Refugees (121.29) 33. GoN ensures the non-refoulment of refugees. Bhutanese refugees were given choice for third-country settlement in coordination with UNHCR. There are refugees from Bhutan, Myanmar (Rohingya), Pakistan, and Tibet in Nepal. GoN should ensure problems of refugees are addressed on humanitarian grounds with a concrete policy. Senior Citizens 34. CoN guarantees the right to special protection and social security of senior citizens. The Senior Citizens Act, 2006 and Social Security Act, 2018 are concerned with the rights of senior citizens. Elderly allowance71 has been increased to Rs. 3,000 per month. As per NHRC study, senior citizens' homes and most of the care centers are not in accordance with the standard set by Senior Citizens Rules 2008.72 Altogether 141 senior citizens' homes are in operation in 64 districts where 1,577 (965 women and 612 men) senior citizens were living as of mid-October 2018. The number of women living in elderly homes is higher by 44.7 per cent compared to men. In some cases, senior citizens are deprived of respect and care from families and suffer from health problems. GoN should establish at least one geriatric ward in all public hospitals and ensure effective monitoring of old age homes and daycare centers. 71 FY 2019/2020 budget declaration 72 Monitoring Synopsis of Senior Citizens' Care Centre-2019 conducted by NHRC, 2019

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 21 Business and Human Rights 35. The business sector is flourishing. Rights of stakeholders of the business sector should be prioritized. Nepal doesn’t have a concrete policy in this sector. Nepal should adopt laws, policies and action plan in line with UN Guiding Principles. Consumer Rights 36. Article 44 of the Constitution guarantees the rights of consumer. The Consumer Protection Act, 2018 is concerned with the rights of consumers but there are no Rules for its implementation. In Fiscal Year 2018/2019, the Department of Food Technology and Quality Control filed cases against 148 companies and restaurants73 for failing to meet hygiene standards or selling contaminated food. Even a single entity has not faced any kind of governmental action due to lack of consumer court. GoN should enact Rules for the implementation of the Consumer Protection Act and consumer court should be established within one year. Right to Environment and Sustainable Development (121.30, 121.31, 121.32, 122.30, 122.113) 37. Article 30 of the Constitution guarantees the right to clean environment. Goal 11 and 15 of SDG is concerned with environment and sustainable development. GoN has adopted various laws and policies74 concerned with environment.75 Nepal Climate Change Support Program (NCCSP) had implemented 100 LAPA with 2,303

73 https://kathmandupost.com/money/2019/07/30/in-the-absence-of- consumer-court-anomalies-are-rampant-in-the-marketplace 74 Environment Protection Act 2019, Disaster Risk Reduction and Management Act 2019, Local Government Operation Act 2074, National Forest Policy 2019, Climate Change Policy 2019, Forest Policy 2018, National Adaptation Plan, Monsoon Emergency Action Plan, Monsoon Emergency Action Plan etc. 75 Central Bureau of Statistics, Environment Statistics of Nepal, 2019

22 National Human Rights Commission, Nepal adaptation actions benefiting 600,000 climate vulnerable people during 2013- 2017.76 Nepal is ranked 7th among countries most affected by climate risk77. Between 1990 and 2017, Nepal’s carbon dioxide emission grew by 5.8% per year78 and it was among bottom five countries in Environmental Performance Index 2018.79 NHRC Report, states that right to live in clean environment has been violated because of failure of stakeholders in prioritizing pollution control, mitigation, and implementation of regulations set by the government.80 Nepal does not have a separate court or tribunal to deal with cases of environment. Human Rights National Action Plan (HRNAP) incorporated cross-cutting right- based approach to development. Development and social justice should be addressed simultaneously. GoN should ensure effective implementation of environment laws and policies and adopt right-based approach to development. (j) Social Inclusion (122.1, 122.107)

38. Article 40(1), 84(8), 138. 267(3), 258 and 282 of the Constitution ensure social inclusion for marginalized and deprived class and communities. Art 258 provides for National Inclusion Commission. The Constitution has guaranteed 33% proportionate reservation of women and minorities in all state structures. There is an improvement in inclusion following the allocation of 45% seats for reservation81. GoN should ensure effective implementation of as per law. 76 http://www.np.undp.org/content/nepal/en/home/projects/nccsp.html 77 https://germanwatch.org 78 http://globalcarbonatlas.org/en/CO2-emissions 79 Biennial Report by Yale and Columbia Universities, World Economic Forum, 2018 80 Research Report on Environment Pollution and Human Rights, 2019 81 Public service Commission

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 23 (k) Human Rights Education (122.24, 122.25, 122.44, 122.107, 122.79, 122.89)

39. Human rights education (HRE) is included in the school level curriculum. The 4th HRNAP had incorporated HRE as a cross-cutting issue. GoN should include human rights education in the curriculum of higher education and develop human right training mechanism in all three tiers of government including civil servants, and security officials. (l) Human Rights Defenders (122.60, 122.72)

40. NHRC has received complaints regarding threats received by human rights defenders (HRDs). There are no specific laws and policy for the protection of HRDs. NHRC has developed guideline for HRDs. GoN should enact specific laws for protection of HRDs and develop environment conducive for their work. (m) Human Trafficking (121.25, 121.27, 123.12)

41. NHRC report estimates that nearly 1.5 million Nepali are vulnerable to various forms of human trafficking. GoN has established Anti- Human trafficking Bureau and Parliament has passed the Palermo Protocol. A 10- year National Plan of Action to Combat Trafficking in Persons is in effect along with separate anti-trafficking cell and fast track court proceedings. However, Nepal is classified as a Tier 2 country in 2019.82 GON should amend Human Trafficking and Transportation Control Act in line with the UN TIP Protocol within one year and adopt an effective mechanism for survivors.

82 https://www.state.gov/wp-content/uploads/2019/06/2019-Trafficking-in- Persons-Report.pdf

24 National Human Rights Commission, Nepal Bibliography: 1. An Action Plan for the Implementation of Recommendations received through the Universal Periodic Review (UPR) assessed at https://www. opmcm.gov.np/en/publications-other/ 2. Annual Report of Office of Attorney General, 2018/2019 available at https://ag.gov.np/storage/postFile/Annual%20Report%20OAG%20 2075_1550984334.pdf 3. Central Bureau of Statistics, 2011 4. Central Bureau of Statistics, Nepal Multiple Indicator Cluster Survey 2014, Key Findings. 2014., Nepal and UNICEF 5. FAO, IFAD, UNICEF, WFP and WHO, The State of Food Security and Nutrition in the World 2017. Building resilience for peace and food security, 2017 6. Fourth Action Plans on Human Rights (2014-2019) available at https:// www.opmcm.gov.np/en/ 7. https://www.npc.gov.np/images/category/15th_Plan_Approach_Paper2. pdf 8. https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0::NO:11200: P11200_COUNTRY_ID:103197 9. https://www.ilo.org/laboract2017nepal 10. https://www.prisonstudies.org/country/nepal#further_info_past_trends 11. https://cbs.gov.np/annual-household-survey-2016_17/ 12. http://www.np.undp.org/content/nepal/en/home/projects/nccsp.html 13. https://germanwatch.org 14. http://www.np.undp.org/content/nepal/en/home/energy-environment- climate-and-disaster-risk-management/in-depth.html 15. http://globalcarbonatlas.org/en/CO2-emissions 16. https://moe.gov.np/assets/uploads/files/Education_in_Figures_2017.pdf 17. https://mof.gov.np/uploads/document/file/budget_speech_ website_20190619052055.pdf 18. http://hdr.undp.org/sites/all/themes/hdr_theme/country-notes/NPL.pdf 19. https://www.childwelfare.gov/pubs/factsheets/cpswork/ 20. http://www.ccwb.gov.np/uploads/Resource/CCWB%20Publication/report/ State%20Of%20Children%20In%20Nepal%202017%20%7BEnglish%20

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 25 Version%7D.pdf 21. https://resourcecentre.savethechildren.net/sites/default/files/documents/ upr_successful_examples_of_child_rights_advocacy_hjemmeprint1.pdf 22. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Final_Report_of_ HR_Defenders_second_National_Conference.pdf 23. Ministry of Agricultural Development, Food and Nutrition Security Plan of Action of Nepal, 2016 24. Ministry of Agricultural Development, Nepal: Zero Hunger Challenge National Action Plan (2016 - 2025) 25. Ministry of Agricultural Development, Project document of Prime Minister Agriculture Modernization Project, 2017 26. Ministry of Federal Affairs and General Administration, Concept note on Nutrition Friendly Local Governance, 2018 27. Ministry of Agricultural Development, Nepal: Zero Hunger Challenge National Action Plan (2016 - 2025), 2016 28. Ministry of Health and Population, Nepal Demographic and Health Survey, 2016 available at https://www.dhsprogram.com/pubs/pdf/fr336/fr336.pdf 29. Ministry of Science, Education and Technology, National Education Policy, 2019 30. National Federation of the Disabled-Nepal, Report on Accessibility Audit in Kathmandu, Nepal, , available at https://nfdn.org.np/wp-content/ uploads/2019/10/Final_Access-audit-report_NFDN2018.pdf 31. National Planning Commission, Multi-sector Nutrition Plan for Accelerating the Reduction of Maternal Child Under-nutrition in Nepal 2013-2017 available at https://mohp.gov.np/eng/index.php/health-statistics 32. National Planning Commission, Sustainable Development Goals, Status and Roadmap 2016-2030 33. National Planning Commission, 14th National Plan, https://www.npc.gov. np/en/category/periodic_plans 34. NHRC, Implementation Status Report, ILO Convention no. 169, 2019 35. NHRC (2018), Implementation of Some Recommendations of NHRC and situation of Victim: Study Report, Kathmandu 36. NHRC (2018), Thirteen Years of Commission: Recommendations on the complaints and their implementation status, Kathmandu 37. Office of Prime Minister and Council of Minister (2014), Fourth National Human Rights Action Plan, 2014/15-2018/2019

26 National Human Rights Commission, Nepal 38. Status of progress on implementation of fourth NHRAP available at https:// www.opmcm.gov.np/publications-others/ 39. Supreme Court of Nepal (2019), Fourth Strategic Plan 2019-2023, Kathmandu 40. World Bank, Nutrition in Nepal: A National Development Priority, 2012 41. List of Cases: 42. Devi sunuwar v. District Police Office, NKP 2064, DN:7857. 43. Advocate Madhav Kumar Basnet vs National Medical Science Institute, NKP 2070,DN: 9218. 44. Rabindra Prasad Dhakal on behalf of Advocate Rajendra Prasad Dhakal v. Nepal Government, Home Ministry and Others, NKP2064, DN:7817. 45. Suman Adhikari and Others vs. The Office of Prime Minister and Council of Ministers and Others, NKP 2071, DN: 9303 46. Narendra B.K and others vs Ministry of Home Affairs, NKP 2076 47. Advocate Kanchan Krishna Neupane vs Council of Ministers, NKP 2075 48. Raju Prasad Chapagai and Others representing Pro-Public v HMG, Ministry of Health et al, WPN 2621 of the year 2059 BS, SC decision dated, 5 Nov. 2004.Press Releases of NHRC 49. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Formation_of_TJ_ Mechanism_2076-05-05.pdf 50. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Protect_the_ independence_and_autonomy_of_the_Commission_2019-04-25.pdf 51. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press_Release_ National_Human_Rights_Commission_Nepal_Reaccredited_as%20_A_ Status_2076-01-06.pdf 52. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Serious_Concern_ of_NHRC_on_the_Amendment_16-04-2019.pdf 53. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_Regarding_Bomb_Attack_at_Different_Places_of_Nepal_ eng_2075-11-13-min.pdf 54. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_on_formation_of_Geriatric_Specialist_Team_Eng_2075_10_20. pdf 55. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Discussion_with_ the_Experts_on_the_Issue_of_Increased_Environmental_Pollution_ Including_in_the_Kathmandu_Valley_2018_12_21.pdf

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 27 56. https://www.nhrcnepal.org/press.php?&nstart=1&start=5&num_ totrec=516&n=&type=p 57. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_PressNote_ Recomm_Govt_Prot_Env_Rts_2075_07_30_Eng.pdf 58. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press_Release_ Discussion_with_the_Experts_regarding_Nirmala_Case%20_11_ Oct_2018_.pdf 59. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Reexamine_the_ Evidences_7_Oct_%202018.pdf 60. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_Regarding_VAW_Cases_2075_05_05_05_Eng.pdf 61. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_be_sensitive_towards_dignity_of_Badi_Communi_2075_4_20_ Eng.pdf 62. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_%20to_Respect_Judicial_Right_2075-3-21_Eng.pdf 63. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press%20Note%20 KTM%20Declaration%20on%20Rights%20of%20the%20Persons%20 with%20Disability,11%20may%202018.pdf 64. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press_Release_ Ensure_the_Freedom_of_Expression_2075-01-20.pdf 65. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Internaltional_ Conference_Joint_Press_Release_11th_April_2018.pdf 66. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press%20 release%20commission%20concerns%20over%20the%20increased%20 sexual%20violence%20and%20rape%20cases.pdf 67. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Press_Release_ Physical_assult_11th_March_2018.pdf 68. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC%20 Press%20Release%20on%20Safeguard%20the_Lives%20of%20the%20 Cold%20Wave%20and%20Cold%20Snap%20Hit%20Persons.pdf 69. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Note_Regarding_formation_Highlevel_Election_Monitoring_ Team_2074_8_20_Eng.pdf 70. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_Monitoring_First_Phase_Election_Representative_and_

28 National Human Rights Commission, Nepal Proviencial_Election_2074_8_10_Eng.pdf 71. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_Regarding_Monitoring_Second_Phase_Election_2074_8_21_ Eng.pdf 72. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_ Press_Release_Regarding_Third_Phase_Local_Election_ Monitoring_2074_6_2_Eng.pdf 73. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_regarding_Monitoring_Local_Election_Voting_2074_01_31_ Eng.pdf 74. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_ Press_Note_Lalitpur_Declaration_Regarding_the_Defenders_ Conference_2074_7_27_Eng.pdf 75. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NHRC_Press_ Release_Regarding_Rights_to_Health_2074_6_8_Eng.pdf 76. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Nepal_NHRC_ Press_Release_Bomb_Explosion_KTM_Schools_Eng_20Sept2016.pdf 77. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Nepal_NHRC_ Press_Release_Khotang_Jail_Monitoring_Eng_9Aug2016.pdf 78. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Nepal_NHRC_ Press_Release_Khotang_Jail_Monitoring_Eng_9Aug2016.pdf 79. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/NepalNHRC_Press_ Release_Regarding_Flood_Landslide_Eng_27Jul2016.pdf 80. https://www.nhrcnepal.org/nhrc_new/doc/newsletter/Nepal_NHRC_ Press_Release_Use_Child_Ralley_Eng_22Jul2016.pdf

National Human Rights Commission, Nepal National Human Rights Commission, Nepal 29 NHRC Consultation programs of UPR Third Cycle (2020) report Provincial & National Programs S.N. Province/National Place Program Date 1 Provinces No. 1 Biratnagar 19/11/2019

2 Province No. 2 Janakpur 22/11/2019

3 Bagmati Province Hetauda 26/11/2019

4 Gandaki Province Pokhara 04/12/2019

5 Province No. 5 Butwal 06/12/2019

6 Karnali Province Surkhet 15/12/2019

7 Sudur Paschim Province Dhangadhi 08/12/2019 National Consultation 8 Kathmandu 13/01/2020 Program

District Level Consultation Programs of UPR Khotang, Okhaldhunga, Solukhumbu, Baglung, Myagdi, Parbat, Mustang, Chitwan, Panchthar, Makawanpur Taplejung, Ilam, Dhankuta, Jhapa, Makawanpur, Sankhuwashabha, Tehrathum, Mahottari, Rautahat, Dhanusha,Bara, Parsa, Baitadi, Dadeldhura

30 National Human Rights Commission, Nepal NHRC Nepal's Offices The NHRI Nepal Joint Submission for Central Office : The Third Cycle Universal Periodic Review Hariharbhawan, Lalitpur POB. No. : 9182 of Nepal Tel. : 01-5010015/16/17/18 Website : www.nhrcnepal.org Fax : 01-5547973 Hotline : 01-5010000 Email : [email protected] Province Offices : Province No. 1 Office, Chandani Chowk, Biratnagar, Morang Tel. : 021-461931, 461093 Fax : 021-461100 Email : [email protected] Province No. 2 Office, Devi Chowk, Janakpurdham, Dhanusha Tel. : 041-590313, 590314 Fax : 041-590315 Email : [email protected] Bagmati Province Office, Sanepa, Lalitpur Tel. : 01-5530362, 5529172 Fax : 01-5530362 Email : [email protected] Gandaki Province Office, Janapriya Marg, Pokhara, Kaski Tel. : 061-462811, 463822 Fax : 061-465042 Email : [email protected] Province No. 5 Office, Devinagar, Butwal, Rupandehi Tel. : 071-410175 Fax : 071-410176 Email : [email protected] Sudurpashchim Province Office, Taranagar, Dhangadi, Kailali Tel. : 091-525621, 525622 Fax : 091-525623 Email : [email protected] Province Branch Offices: Province No. 1 Branch Office, Diktel, Khotang | Tel.: 036-420284 National Human Rights Commission Province No. 5 Branch Office, Shantinagar, Nepalgunj | Tel. : 081-526707 Harihar Bhawan, Lalitpur, Nepal Karnali Province Branch Office, Jumla Bazar, Jumla | Tel.: 087-520222