PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS Publisher INHURED International Post Box No: 12684, Kathmandu Kupondole, Lalitpur Ph: 5010536, Fax: 5010616 Email: [email protected] www.inhuredinternational.org PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS I Editing : Ms. Shreejana Pokhrel Gopal Krishna Siwakoti, PhD Research team : Advocate Rita Mainaly Advocate Salina Kafle Advocate SushmaThapa Ms. Salina Joshi Preparatory team : Ms. Kripa Basnyat Ms. Sushila Limbu Ms. Akriti Gautam Special Contribution : Ms. Nandita Baruah Ms. Kripa Basnyat Ms. Sumitra Manandhar Ms. Tirza Theunissen Cover Photo : Conor-Ashleigh ISBN : 978-9937-8387-9-5 Design & Print : Creative Press Pvt. Ltd. Kathmandu, Nepal Copyright : INHURED International DISCLAIMER: This “Promoting Gender Equality and Social Inclusion: Nepal’s Commitments and Obligations” has been made possible by the support of the American People through the United States Agency for International Development (USAID) and The Asia Foundation (TAF). The contents of this report are the sole responsibility of INHURED International and do not necessarily reflect the views of USAID or the United States Government and TAF. II PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS ACKNOWLEDGEMENT International Institute for Human Rights Environment and Development (INHURED International) implemented “Promoting Gender Equality and Social Inclusion: Nepal’s Commitments and Obligations” with the support of the American People through the United States Agency for International Development (USAID) and The Asia Foundation. This is the product of Mitigating Conflict and Improving Implementation of Gender and Social Inclusion (GESI) Policies through a People-to-People (P2P) Approach in Nepal (CM-GESI) project With the promulgation of the Constitution of Nepal 2015 following by the changed federated structure, it gives plentiful opportunity of hope and aspiration in transforming Nepal’s international commitment and obligation relating to Gender Equality and Social Inclusion into the effective application. The assessment carried out by INHURED International aims to provide the constructive feedback on the thematic areas to the concerned stakeholders in designing, and implementing the desired intervention with regards to Gender Equality and Social Inclusion. From the inception to the final stage of the project cycle, the CM-GESI project evolved with the changed political context and got an opportunity to cater the needs of newly formed structures. This publication highlights the achievements, gaps and challenges also with recommendations that is vital for prompt, adequate and effective service delivery from the State actors. It has looked into the Nepal’s International commitments and obligations on how the commitments are transformed into the local level and what needs to be done to achieve those desired mileages. Finally, the Foundation would like to thank our implementing partner INHURED International and its dedicated team members for making this publication a reality through their diligent efforts and dedication. Nandita Baruah Deputy Country Representative, Nepal The Asia Foundation PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS III TRANSFORMING WORDS INTO ACTION Nepal has an age-long patriarchal social, economic, political and cultural set up that is deeply entrenched and widespread in which women and Dalits are the hardest-hit. Social exclusion and inequality means permanent vulnerability to the affected population which jeopardizes their economy, livelihood, health, education, well-being, rights and dignity. The recent wave of political change in the country has brought significant progress in addressing these issues, supported by positive national and international commitments and affirmative action towards the marginalized population. Nepal's international commitment towards elimination of all forms of discrimination and legislative endeavor at domestic front is commendable. However, a large proportion of women and Dalit population still continues to be affected by gross discrimination and inequality compounded with lack of a coherent approach among concerned agencies to address such an adversarial scenario. The bright side of the political transformation in the country is witnessed due to restoration of peace after a decade-long internal strife which has opened-up a wider corridor of opportunities to GESI as a mainstream transformation agenda. With the promulgation of the new Constitution, it is important for the Government to align its development strategy and priorities with overall development process in tune with the Sustainable Development Goals (SDGs). Yet a critical constraint for mitigating conflict and attaining peace and prosperity will be how the newly established federated apparatus will work to ensure that women and Dalits have equitable access to the benefits and opportunities of peace and development dividends, including in the disaster-struck communities. Our major concern is to ensure effective coordination with proper division of power and authority to the institutions/organizations responsible for GESI implementation at different tiers of government. The entire doctrine of GESI demands adequately resourced and mandated institutions to support for addressing challenges around GESI. This study carried out by INHURED International in assistance with USAID/TAF on legal, policy, institutional and administrative frameworks on GESI is a vigorous task which vividly mirrors the status of State obligation as a core part of a democratic state and at the same time reveals with evidences on the practical aspiration towards effective realization of GESI at the ground level. The study is expected to serve as a vital tool to be used strategically for broader advocacy, lobby and campaigns for reforms at P2P, household, community, national, regional and international arenas. INHURED International is IV PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS committed to continuously work in close coordination with various concerned stakeholders to carry out tasks related to advocacy and lobbying in the realm of GESI becoming a main game changer of broader human rights movement. Gopal Krishna Siwakoti, PhD President, INHURED International IP Chair/SC Member, Asia Pacific Refugee Rights Network (APRRN) PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS V ACRONYMS AIDS Acquired Immune Deficiency Syndrome ANM Auxiliary Nurse Midwife BIMSTEC Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation BPFA Beijing Platform for Action CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CPPED Convention for the Protection of All Persons from Disappearance CEDAW Convention on the Elimination of all Forms of Discrimination against Women CeLRRd Center for Legal Research and Resource Development CERD Convention on the Elimination of All forms of Racial Discrimination CDO Chief District Officer CLC Community Learning Centers CM GESI Mitigating conflict and improving implementation of Gender Equality and Social Inclusion (GESI) policies through a People-to-People (P2P) approach in Nepal project CMW Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families CPA Comprehensive Peace Agreement CRC Convention on the Rights of the Child CRPD Convention on the Rights of Persons with Disabilities CTEVT Council for Technical Education and Vocational Training DDC District Development Committee DDRC District Disaster Relief Committee VI PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS DFA Dakar Framework for Action DHO District Health Office DOHS Department of Health Services DPHO District Public Health Office DVAW Declaration on Violence against Women ECD Early Childhood Development EFA Education for All EPC Education Policy Committee ERO Education Review Office FGD Focus Group Discussion FIR First Information Report FPTP First Past the Post GBV Gender Based Violence GDI Gender Development Index GESI Gender Equality and Social Inclusion GoN Government of Nepal GRB Gender Responsive Budget HDI Human Development Index HIV Human Immunodeficiency Virus HTTCA Human Trafficking and Transportation (Control) Act, 2064 (2007) ICESCR International Covenant on Economic, Social and Cultural Rights ICCPR International Covenant on Civil and Political Rights ICTR International Criminal Tribunal for Rwanda ICTY International Criminal Tribunal for Yugoslavia IEC Information Education and Communication ILO International Labor Organization INGO International Non-Governmental Organization PROMOTING GENDER EQUALITY AND SOCIAL INCLUSION: NEPAL’S COMMITMENTS AND OBLIGATIONS VII LSGA Local Self-Governance Act MCHW Maternal and Child Health Workers MD Medical Doctorate MDG Millennium Development Goal MLD Ministry of Local Development MMR Maternal Mortality Rate MoF Ministry of Finance MoFALD Ministry of Federal Affairs and Local Development MoHA Ministry of Home Affairs MOHP Ministry of Health and Population MS Masters of Science MoWCSC Ministry of Women, Children and Senior Citizens NAM Non-Aligned Movement NFE-MIS Non-Formal Education Management Information System NGO Non-Governmental Organization NDC National