Nepal Human Rights Year Book 2021 (ENGLISH EDITION) (This Report Covers the Period - January to December 2020) Editor-In-Chief Shree Ram Bajagain Editor Aarya Adhikari Editorial Team Govinda Prasad Tripathee Ramesh Prasad Timalsina Data Analyst Anuj KC Cover/Graphic Designer Gita Mali For Human Rights and Social Justice Informal Sector Service Centre (INSEC) Nagarjun Municipality-10, Syuchatar, Kathmandu POBox : 2726, Kathmandu, Nepal Tel: +977-1-5218770 Fax:+977-1-5218251 E-mail: [email protected] Website: www.insec.org.np; www.inseconline.org All materials published in this book may be used with due acknowledgement. First Edition 1000 Copies February 19, 2021 © Informal Sector Service Centre (INSEC) ISBN: 978-9937-9239-5-8 Printed at Dream Graphic Press Kathmandu Contents Acknowledgement Acronyms and Abbreviations Foreword CHAPTERS Chapter 1 Situation of Human Rights in 2020: Overall Assessment Accountability Towards Commitment 1 Review of the Social and Political Issues Raised in the Last 29 Years of Nepal Human Rights Year Book 25 Chapter 2 State and Human Rights Chapter 2.1 Judiciary 37 Chapter 2.2 Executive 47 Chapter 2.3 Legislature 57 Chapter 3 Study Report 3.1 Status of Implementation of the Labor Act at Tea Gardens of Province 1 69 3.2 Witchcraft, an Evil Practice: Continuation of Violence against Women 73 3.3 Natural Disasters in Sindhupalchok and Their Effects on Economic and Social Rights 78 3.4 Problems and Challenges of Sugarcane Farmers 82 3.5 Child Marriage and Violations of Child Rights in Karnali Province 88 36 Socio-economic Situation of Citizens Returned from India Due to COVID-19 94 Annex 1 Facts Related to Human Rights Violation and Abuses in 2020 101 1.1 Province 1 103 1.2 Province 2 145 1.3 Bagmati Province 173 1.4 Gandaki Province 211 1.5 Lumbini Province 243 1.6 Karnali Province 279 1.7 Sudurpashchim Province 311 Annex 2 Statistics of Human Rights Violations in 2020 339 Annex 3 Views of Political Parties on Human Rights Situation in 2020 350 Annex 4 Views of Institutions on Human Rights Situation in 2020 356 Annex 5 Name of Contributors in Course of Preparation of Year Book 2021 370 Province Profiles 4.4 Myagdi 219 Province 1 4.5 Kaski 222 4.6 Lamjung 225 1.1 Taplejung 105 4.7 Tanahun 228 1.2 Sankhuwasabha 108 4.8 Nawalparasi East 231 1.3 Solukhumbu 110 4.9 Syangja 234 1.4 Okhaldhunga 112 4.10 Parvat 236 1.5 Khotang 115 4.11 Baglung 239 1.6 Bhojpur 117 1.7 Dhankuta 120 Lumbini Province 1.8 Tehrathum 123 1.9 Panchthar 125 5.1 Rukum East 245 1.10 Ilam 128 5.2 Rolpa 246 1.11 Jhapa 131 5.3 Pyuthan 249 1.12 Morang 134 5.4 Gulmi 251 1.13 Sunsari 138 5.5 Arghakhanchi 254 1.14 Udaypur 141 5.6 Palpa 256 5.7 Nawalparasi West 258 Province 2 5.8 Rupandehi 261 5.9 Kapilbastu 265 2.1 Saptari 147 5.10 Dang 268 2.2 Siraha 153 5.11 Banke 272 2.3 Dhanusha 156 5.12 Bardiya 275 2.4 Mahottari 159 2.5 Sarlahi 162 Karnali Province 2.6 Rautahat 165 2.7 Bara 168 6.1 Dolpa 281 2.8 Parsa 170 6.2 Mugu 283 6.3 Humla 286 Bagmati Province 6.4 Jumla 288 6.5 Kalikot 291 3.1 Dolakha 175 6.6 Dailekh 292 3.2 Sindhupalchok 177 6.7 Jajarkot 297 3.3 Rasuwa 180 6.8 Rukum West 300 3.4 Dhading 182 6.9 Salyan 304 3.5 Nuwakot 185 6.10 Surkhet 307 3.6 Kathmandu 188 3.7 Bhaktapur 191 Sudurpashchim Province 3.8 Lalitpur 193 3.9 Kavrepalanchok 196 7.1 Bajura 313 3.10 Ramechhap 198 7.2 Bajhang 315 3.11 Sindhuli 201 7.3 Darchula 318 3.12 Makawanpur 204 7.4 Baitadi 321 3.13 Chitwan 207 7.5 Dadeldhura 324 7.6 Doti 326 Gandaki Province 77 Achham 329 7.8 Kailali 331 4.1 Gorkha 213 7.9 Kanchanpur 335 4.2 Manang 216 4.3 Mustang 217 Acknowledgement We express our sincere thanks to Royal Norwegian Embassy, Bread for the World (BftW), DCA for their support on bringing out this Year Book. Spe- cial thanks goes to all 77 District Representatives and the provincial offices of INSEC at Biratnagar, Janakpur, Hetauda, Pokhara, Nepalgunj, Surkhet and Dhangadhi. We are also grateful to many well-wishers and friends for their feedbacks and invaluable suggestions for Nepal Human Rights Year Book 2021. Also, we would like to express our thanks to different Political Parties, Commis- sions, Ministries, Security Agencies, and Professional Organizations for their opinion on Human Rights situation in 2020. Informal Sector Service Centre (INSEC) Founded in 1988, INSEC is actively involved in human rights and social justice. INSEC operates its regular programs through its offices in Biratnagar, Janakpurdham, Hetauda, Pokhara, Nepalgunj, Birendranagar and Dhangadhi. For the studying and monitoring of the incidents on human rights violation, it has mobilized district representatives in all 77 districts. INSEC General Assembly Daily activities of INSEC are performed through held on 8 November 2019 the Executive Director as per the below mentioned elected a new Executive programs. Board for three years Human Rights Documentation and Advocacy Program Chairperson INSEC has been contributing to human rights protection and pro- Dr. Indira Shrestha motion through human rights monitoring, documentation, dissem- ination, and advocacy activities since its establishment. Nepal Hu- General Secretary man Rights Year Book was conceptualized in 1992 and continued Rudra Bahadur Charmakar till date after realizing the need for a comprehensive documentation Treasurer of human rights situation in Nepal. Furthermore, INSEC Online, situation and thematic reports and reports on human rights issues Gita Baral are being published based on different sources including its district Members representatives. Issues, facts and figures of the human rights re- Raghu Nath Adhikari lated reports are the key foundation for advocacy of protection and promotion of human rights. INSEC continuously collaborating with Dipak Kafle the civil society organizations, stakeholders, international commu- Najir Miya nity, and experts to improve the human rights friendly legal and Shovakar Budhathoki policy framework and its enforcement for reducing human rights Immediate Past Chairperson violation and abuse. Human rights documentation and advocacy works of INSEC aim to further strengthen the accountability of the Subodh Raj Pyakurel state in fulfilling its commitment on human rights principle which were visible through the international forums, ratification of the OFFICES: international human rights treaties and conventions and the Con- Province 1 Office Biratnagar Metropolitan City-11, stitutions of Nepal. Janapath Tole, Morang Ph: 021-471025, Fax: 471127 Human Rights Education Program Province 2 Office Through this program, INSEC disseminates human rights educa- Janakpurdham, Sub-Metropolitan-8, tion in coordination of local human rights organisations. To create Murali Chowk, Dhanusha awareness in the rural areas through literacy awareness program, this department conducts human rights trainings, group mobiliza- Bagamati Province Office Hetauda Sub-Metropolitan-2, tion, and interaction and discussion with the stakeholders. Books Sangam Chowk, Makawanpur and training materials are also published by this Program. The Ph: 057-590552 main objective of this Program is to ensure public access to human rights information through radio. Current relevant human rights Gandaki Province Office Pokhara Metropolitan City-7, issues are disseminated through this Program on weekly basis. Janapriya Marga, Kaski Ph: 061-465512 Management Program All the administrative and financial management of INSEC fall Lumbini Province Office Nepalgunuj Sub-Metropolitan City-12, under this Program. This Program has been undertaking capaci- SOS Road, Banke ty building programs for the employees under the human resource Ph: 081-415343 management. This Program has the responsibility to carry out Karnali Province Office institutional planning, monitoring and evaluation. Under the ac- Birendranagar Municipality-7, tivities of information management, it has a library and internet Itram, Surkhet technology sections. Publications like Annual Report and INSEC Ph: 083-521489 Aviyan are prepared by this Program. For the management of infor- Far-West Province Office mation under the organization, library and information technology Dhangadhi Sub-Metropolitan City-4 units are established within this program. Utter Behadi, Kailali Ph: 091-522576, 521446 Acronyms and Abbreviations AHW : Assistant Health Worker FAO : Food and Agriculture AIG : Additional Inspector General Organization ANM : Auxiliary Nurse Midwife FIR : First Information Report ANNFSU : All Nepal National Free FNJ : Federation of Nepali Students Union Journalists ANNISU-R : All Nepal National FSU : Free Students Union Independent Students FWLD : Forum for Women, Law and Union-Revolutionary Development APF : Armed Police Force GBV : Gender Based Violence APO : Area Police Office HoR : House of Representatives ASI : Assistant Sub-Inspector HRD : Human Rights Defenders BPKIHS : BP Koirala Institute of Health ICCPR : International Covenant on Sciences Civil and Political Rights CA : Constituent Assembly ICERD : International Convention on CAT : Convention against Torture Elimination of All Forms of and Other Cruel, Inhuman or Racial Discrimination Degrading Treatment ICESCR : International Covenant on CDO : Chief District Officer Social, Economic and Cultural CEDAW : Convention on the Rights Elimination of All Forms ICJ : International Commission for of Discrimination Against Justice Women ICRC : International Committee of CEO : Chief Executive Officer the Red Cross CIAA : Commission for the IGP : Inspector General of Police Investigation ILO : International Labor of Abuse of Authority Organization