United Nations CEDAW/C/NPL/4-5 Convention on the Elimination Distr.: General of All Forms of Discrimination 14 January 2010 against Women Original: English ADVANCE UNEDITED VERSION Committee on the Elimination of Discrimination against Women Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women Combined fourth and fifth periodic report of States parties Nepal* * The present report is being issued without formal editing. CEDAW/C/NPL/4-5 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) FOURTH AND FIFTH PERIODIC REPORTS Government of Nepal Ministry of Women, Children and Social Welfare July, 2009 2 ACKNOWLEDGEMENT It is my great pleasure to submit this Fourth and Fifth Combined Periodic Report under Article 18 of the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) on behalf of the Government of Nepal. Nepal has submitted its Initial Report in 1997 and Second and Third Combined Report in 2003. This Fourth and Fifth Combined Periodic Report covers the period up to 2008. During this period Nepal has made significant progress in the sphere of protection to, promotion and fulfillment of the rights emanated from the CEDAW. Nepal has ratified Optional Protocol to the CEDAW. It has incorporated many significant provisions in the Interim Constitution of Nepal, 2007 and enacted many valuable legislations such as the Domestic Violence (Crime and Punishment) Act, the Human Trafficking and Transportation (Control) Act, National Women Commission Act, the Citizenship Act, An Act to Amend some Nepalese Acts to Maintain Gender Equalities, An Act to Amend some Nepalese Acts relating to the Court Management and Administration of Justice and 11th Amendment of the Country Code. Accordingly many rules are framed and plans, action plans and programmes are being implemented. In terms of realization of these rights women's participation in the Constituent Assembly which also acts as Legislative Parliament is about 33%. Out of 45% reserved seats, 20% seats are allocated for women only in government services. Women's literacy has been increased significantly and school-drop-out rate of girls has declined. Sharp decline of Maternal Mortality Rate is worth to mention. Abortion and delivery facilities have been expanded through out the country. Social security for women in general and widows in particular have been increased and expanded. Gender budgeting system is introduced. 3 CEDAW/C/NPL/4-5 I hope this report will reveal Nepal's efforts, despite the difficulties and factors affecting the degree of fulfillment of obligations such as resource constraints, illiteracy, patriarchal perception and values and decade long conflict, in the implementation of CEDAW and progress made during this period in de jure and de facto spheres. Finally, I would like to thank all the persons involved in the preparation of this report. (Bindra Hada Bhattarai) Secretary Ministry of Women, Children and Social Welfare 4 EXECUTIVE SUMMARY 1. An introductory background of Nepal was provided in May 1997 in its initial report to the Committee of the Convention on the Elimination of All forms of Discrimination Against Women (hereinafter referred to as CEDAW). During the period between the previous report and the current one, Nepal has undergone a great political transformation. Monarchy has been abolished and the country has become a republic. The peace process that began with the signing of a Comprehensive Peace Accord between the Government and the Communist Party of Nepal (Maoist) in November 2006 has been making a steady progress. Elections to the Constituent Assembly along multi-party lines were held in April 2008 in which a combination of both the first-past- the-post and the proportional representation systems was adopted. The Constituent Assembly which also works as the Legislature-Parliament thus constituted has been hailed as one of the most representative institutions of its kind around the world. Almost a third of the 601 members of the Constituent Assembly are women. A new democratic constitution is under preparation by the Constituent Assembly, and the restructuring of the State in line with the federalism is high on the agenda. This is indeed a great positive development, and this carries in itself the prospects of even greater changes in the socio-economic and political life of the country in the days ahead. 2. Social inclusion is a must for the socio-economic transformation of Nepal. The special provision of 33 percent women participation in all state mechanisms and the restructuring of the state with emphasis on inclusiveness are momentous developments. The Proclamation made by the then House of Representatives in 2006 (Annex I) along 5 CEDAW/C/NPL/4-5 with the provision of the Interim Constitution of Nepal (Annex II) give explicit recognition and importance to gender equality. A number of affirmative provisions in favour of women have been made in the Interim Constitution with a view to ensuring right to equality for all. The constitutional framework aims to enhance social harmony through equality, equity, inclusiveness and proportionate representation. 3. The National Plan of Action (NPA) for CEDAW is being practically implemented in Nepal. Almost 33 percent of the Constituent Assembly members are women. This is a clear indication of the realization of women's role and contributions to the constitution making process as well as the creation of an inclusive political environment in the country. Incorporating gender-friendly provisions in the new constitution, ensuring women’s increased participation at different levels of governance, formation of women's caucuses and groups so as to protect and promote women’s rights and interests in the society are some of the core issues high on the national agenda at the moment. The Nepalese civil society has played a supportive role to bring about this positive change. 4. The NPA covering various sectors such as education, health, women empowerment, anti- human trafficking, child protection and development, persons with disability and senior citizens are being formulated with wider consultation and participation of the stakeholders. Moreover, the National Human Rights Commission (NHRC), the National Dalit Commission (NDC), and the National Foundation for the Development of Indigenous Nationalities (NFDIN) are all striving for the protection and promotion of the rights of marginalized citizens. Furthermore, the National Women’s Commission 6 (NWC) is committed for the protection and promotion of human rights of women in Nepal. 5. The Government of Nepal (GoN) submitted its initial report in May 1997 and an Addendum to that in May 1999. Thereafter, in compliance with the concluding comments1, GoN also submitted a combined Second and Third Periodic Report in April 2003 (CEDAW/C/NPL/2-3) which was considered by the Committee during its 630th and 631st meetings, on 13 January 2004.2 6. This report has been prepared by following the guidelines as provided by CEDAW Committee. Major steps in the process include: Formation of CEDAW Reporting Coordination Committee (CRCC) under the chairpersonship of the Secretary of the Ministry of Women, Children and Social Welfare; Formulation of the Plan of Action; Collection of information from different agencies and institutions, including interview with departmental heads and focal persons of various organizations; Review and analysis of the collected information and data; Development and dissemination of draft report and collection of feedbacks from the four regional consultation meetings; Dissemination of updated draft for national consultation; Finalization of the report by the CRCC; 1 Please see CEDAW/C/SR 434 and 439. 2 Please see CEDAW/C/SR.630 and 631. 7 CEDAW/C/NPL/4-5 Inputs/comments/suggestions sought from the Ministry of Law, Justice and Constituent Assembly Affairs, the Ministry of Foreign Affairs, the NHRC and the NWC; and Final approval from the Council of Ministers (Cabinet), GoN. 7. This report covers the period from 2001 to 2008 and comprises four parts. Part I attempts to address the ‘principal areas of concern and recommendations’ provided by the Committee after observing the combined Second and Third periodic report. Part II provides the details of new developments on the substantive rights under CEDAW, including General Recommendations of the Committee followed by the basic information, change initiatives and challenges ahead. Part III includes the progress made on 12 critical areas identified by Beijing Platform for Action (BPFA). Finally, Part IV touches upon some of the emerging issues. 8 ABBREVIATIONS AND ACRONYMS ABC Nepal Agro-forestry, Basic Health and Cooperation in Nepal ACAP Annapurna Conservation Area Project ADB Asian Development Bank BBC Beyond Beijing Committee BCC Behavior Change Communication BPFA Beijing Platform for Action CA Constituent Assembly CAC Comprehensive Abortion Care CBOs Community Based Organizations CBS Central Bureau of Statistics CDO Chief District Officer CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CPA Comprehensive Peace Accord CRC Convention on the Rights of Child CRCC CEDAW Reporting Coordination Committee CWIN Child Workers in Nepal Concern Center DACAW Decentralized Action for Children and Women DAO District Administration Office DDC District Development Committee DeO District Education Officer 9 CEDAW/C/NPL/4-5 DFID Department