Shadow Report on the 4th & 5th Periodic Report by The Government of Nepal on CEDAW 2011 DRAFTING COMMITTEE MEMBERS Co-ordinated by: Forum for Woman, Law and Development (FWLD) CEDAW Sub-Committee, HRTMCC Members 1. Aawaaj 23. Nepal Mahila Ekata Samaj 2. ABC Nepal 24. NDWA 3. Beyond Beijing Committee 25. NFWLHA 4. CWAD 26. N.B.A.W.E.C 5. DidiBahini 27. Non-Smokers’ Rights Association of Nepal 6. FEDO 28. NTWA 7. Gramin Mahila Uthan Kendra 29. Nari Chetana Kendra 8. HANDS 30. POURAKHI 9. IHRICON 31. Pro Public 10. INSEC 32. SAATHI 11. Interreligious Council 33. Samrakshan Nepal 12. INWOLAG 34. Sancharika Samuha 13. Jagaran Nepal 35. Shtrii Shakti 14. Jagriti Mahila Sangh 36. STEP Nepal 15. LACC 37. Swarnim Sanstha 16. Loktantrik Newa Misa Sangharsh Guthi 38. Tharu Women Society 17. Madhesi Mahila Samaj 39. SAP International 18. Mahila Buddha Samuha; Maiti Nepal 40. Women’s Studies Program, T.U. 19. Maiti Nepal 41. WEAN Cooperative 20. Mitini Nepal 42. WHR Single Women’s Group 21. Muslim Mahila Kalyan Samaj 43. WOREC 22. National Network of Indigenous Women 44. WORLD Action Group Special thanks to The Ford Foundation, UNICEF/Nepal, UN WOMEN/Nepal, UNFPA/Nepal, Care Nepal and IWRAW-AP for contributing in the process. CONTENTS Executive Summary i-ix PART I: ARTICLES OF CEDAW 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 .............................................................................. 10 Article 5 Sex Role and Stereotyping ............................................................................................................ 13 Article 6 Traffikcing and Violence Against Women and Girl Children .............................................. 15 Article 7 & 8 Women’s Participation in Political and Public Life and Women’s International Representation .................................................................................................................................. 23 Article 9 Nationality ......................................................................................................................................... 27 Article 10 Women and Education ................................................................................................................... 30 Article 11 Employment ........................................................................................................................................ 36 Article 12 Health Including Reproductive Health ........................................................................................ 42 Article 13 Economic and Social Rights ......................................................................................................... 49 Article 14 Rrural Women .................................................................................................................................. 53 Article 15 Equality Before the Law ................................................................................................................... 57 Article 16 Marriage and Family ........................................................................................................................ 59 PART II: CRITICAL ISSUES Chapter 1 Dalit Women ...................................................................................................................................... 63 Chapter 2 Women Migrant Worker ................................................................................................................ 66 Chapter 3 Religion, Culture and Women ....................................................................................................... 72 Chapter 4 Single Women ................................................................................................................................... 75 Chapter 5 Women and Sexuality ..................................................................................................................... 77 Chapter 6 Women in the Media ....................................................................................................................... 79 Chapter 7 Women, Peace and Security .......................................................................................................... 82 Chapter 8 Women with Disabilities ................................................................................................................. 87 Chapter 9 Violence against Women in Politics ............................................................................................ 92 Chapter 10 Indigenous Women .......................................................................................................................... 97 EXECUTIVE SUMMARY Background This report makes reference to the 4th and 5th periodic reports of the government of Nepal on CEDAW and the Concluding Comments of the Committee on the Elimination of Discrimination Against Women. This report acknowledges the measures that the Government of Nepal has taken to advance and improve the status of women. It also acknowledges the efforts of the many non-governmental organizations working to improve the lives and advance the status of women in Nepal. In many cases the NGOs have been partners of government; in others they have been the conscience of government, making the government aware of what still needs to be done to improve the status and lives of women. Where necessary NGOs have been critics, in instances where government has failed to address women’s rights and advance their interests. This report, while documenting also points out the gaps that remain and even 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 compliance with CEDAW and it's General Recommendations. The report stresses that Nepal is at a very critical juncture. After a decade of armed conflict in the country peace accord has been signed by the government of Nepal and NCP Maoist on 21st November 2006. Nepal is still in conflict transformation and peace building process. Nepal is restructuring the State with the institutional reform. And institutional reform is taking place with the enactment of new constitution. For this Constituent Assembly has been formed through election and is in the process of drafting a new constitution . Reintegration of combatant is taking place through the Special Committee formed with the representative of major political parties and Government. Nepal is still in transition. New constitution is under the finalization process by Constitutional Committee of Constituent Assembly – the first to ever be elected to draft a constitution in Nepal. The discussions in the Constituent Assembly as well as the final document will have a great impact on Nepal and especially so for women and other marginalized communities – whose status the Constituent Assembly has pledged to improve. Focus of constitution making is on republic system, for democratic values, secular system and for the federal structure. Socio economic transformation is a priority agenda . Constituent Assembly has two functioning, one as a member of parliament, another as a member of constituent assembly. Fourteen committees are formed to make the Constitution, out of which3 committees are process committee. All the subject committees have completed their report (concept and proposed language) and Constitutional Committee which is functioning as a subject Committee and also responsible for the finalization of first draft of constitution and also settle the disputed issues. A subcommittee has been formed in Constitutional Committee to settle the differences on the reports of different committee. This process has given an opportunity to ensure comprehensive women's right in upcoming constitution and translating principle of CEDAW. Therefore concluding comments of the CEDAW Committee i Shadow Report on the 4th & 5th Periodic Report by The Government of Nepal on CEDAW will be quite useful in this juncture as shadow report has already been linked with the constitutional development. The Report writing process The Government Periodical Report on CEDAW was due in 2008 but it was delayed because of the political changes in the country. The 4th & 5th Periodic Report has been formally submitted to the CEDAW Committee by the Government of Nepal in December 2009. However, the process to prepare a shadow Report was initiated within the civil society in mid-July 2008 on the basis of preliminary report prepared by the government. Initial meeting for shadow report preparation held between members of CEDAW sub-committee of the Human Rights Treaty Monitoring Coordination Committee (HRTMCC) formed in Nepal to coordinate and monitor the implementation status of ratified convention among the civil society. CEDAW Monitoring Committee (CMC) formed under HRTMCC had decided that FWLD would undertake the role of coordinating the Shadow Report Writing process and interested organizations working in women's rights were invited to join the process. Public notifications by publishing advertisements were published