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

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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)
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