COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES EXAMINATION OF REPORT OF NEPAL

CESCR
26th session
22 August 2001
Afternoon





The Committee on Economic, Social and Cultural Rights this afternoon continued its examination of an initial report from Nepal by underlining its concern about the persistence of the caste system in that country.

In response to the Committee's expressed concern about the persistence of the caste system, the Nepalese delegation said that discrimination, though legally abolished, still persisted in rural areas due to slow economic growth, poverty and lack of education. The caste system was weakening considerably in urban areas, the workplace and areas of high migration.

The delegation further said that the Government’s ninth Five-Year Plan categorized the untouchable caste groups as "downtrodden and oppressed communities" and had adopted targeted policies and programmes for their socio-economic development.

Asked about the age-old "Kamaiya" system -- bondage labour -- to which a Nepalese non-governmental organization alluded to, the delegation said that the system was abolished in July 2000. Those liberated from that bondage labour system had been provided with land to farm for themselves, the delegation said.

Committee members asked a number of questions pertaining to child labour; discrimination against women; trafficking in women; abortion; the right to strike; unemployment, and the situation of the Maoist insurgency, among other things.

As one of the 145 State parties to the International Covenant on Economic, Social and Cultural Rights, Nepal is obligated to supply the Committee with periodic reports on how it is implementing the provisions of that instrument.

When the Committee reconvenes at 10 a.m. on Thursday, 23 August, it will continue to consider the report of Nepal.


Discussion on Report of Nepal

Responding to questions raised by Committee Experts, the members of the Nepalese delegation said that the country endeavoured to take into account all its international obligations when signing any agreement with donors.

In response to the Committee's expressed concern about the persistence of the caste system, the delegation said that discrimination, though legally abolished, still persisted in rural areas due to slow economic growth, poverty and lack of education. The caste system was weakening considerably in urban areas, the workplace and areas of high migration. The ninth Five-Year Plan categorized the untouchable caste groups as "downtrodden and oppressed communities" and had adopted targeted policies and programmes for their socio-economic development.

The delegation said that in 2000, 32.5 million rupees had been allocated for the welfare of the tribal untouchable and abandoned section of the society. The practice of discrimination against those people would be treated as a crime and punished accordingly. Further legislation would be presented to Parliament to end the practice. In addition, the Government would soon announce a 25-year special action plan to establish socio-economic and political rights for women as well as oppressed, ethnic and tribal people in order to provide them with special protection as well as education and employment opportunities.

An Expert said that the poverty situation in the country was of concern because of the fact that 49 per cent of the population was affected by it. Particularly, 90 per cent of women were working in rural areas in difficult conditions. The delegation said that women and children were still vulnerable groups in Nepal, especially in rural areas. Following the restoration of multi-party democracy in 1990, action had been taken for the advancement of women and children.

The existing legal system had created provisions to eliminate many customary practices that perpetuated discrimination against women, the delegation continued to say. In certain communities, customary practices of polygamy, caste prostitution and dowry still existed. Although women were dominated in every patriarchal society, Nepalese law had provided the same economic rights to women and men. Women constituted 46 per cent of the total economically active population.

Committee members asked a number of questions pertaining to child labour; discrimination against women; trafficking in women; abortion; the right to strike; unemployment; and the situation of the Maoist insurgency, among other things.

The delegation said that Nepal had given high importance to uplift the educational status of women. Despite the fact that female literacy had increased significantly over the years, the female enrolment rate remained very law.

Asked about the age-old "Kamaiya" system -- bondage labour -- to which a Nepalese non-governmental organization alluded to, the delegation said that the system was abolished in July 2000. Those liberated from that bondage labour system had been provided with land to farm for themselves and additional efforts had been taken to help them establish themselves.

Another Expert also said that according to World Bank sources, Nepal had access to generous assistance from the international community and that the Bank alone had participated in the financing of at least 70 development projects. However, its equitable distribution and administration had not been satisfactory to fulfil the needs of those in need of assistance.

Replying to a question on child labour, the delegation said that despite the prohibition of child labour under the Children’s Act and Labour Act of 1992, child labour was still a widespread phenomenon in the country. Children were found working as an integral part of the family work force due to poverty, inadequate family income and lack of awareness. There were 2.6 million children in the age group of 5 to 14 years, out of which 1.6 million were economically active. The Constitution stipulated that no minor should be employed in a factory, mine, or hazardous work; and it guaranteed the right against exploitation.

The Government had been trying to resolve the political problem relating to the Maoist insurgency, the delegation said. The insurgency might be attributed partly to lack of occupation of the youth, as indicated by one of the Experts. However, the Government would prefer the problem to be solved in a negotiated manner.

Asked about the limitations on the right to strike, the delegation said that there were no limitations to that right, except that essential public services should be guaranteed. In recent years, strikes had affected the tourist industry which the Government considered to be an essential public service.

The delegation said that the minimum wage was established in accordance with the type of work performed in rural and urban areas. However, the daily payment was fixed to 60 rupees for both women and men for the same quantity of work.

Further, the delegation said that the economic sector had not expanded proportionately to provide employment to the increasing number of educated youth; at the same time, due to the lack of skill-oriented education, the economy had to depend on imported labour force. This problem was a serious one.

Recognizing the seriousness of the problem of unemployment, the Government had constituted a high-level Employment Commission to address the issue, the delegation said. The budget of this year provided for arrangements to make available credit facilities to those who wanted to go abroad for employment.

Experts said that one of the most critical reproductive health issues in Nepal was abortion, which currently was illegal; and Nepal's abortion law was in violation of article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, which implied that refusing to provide reproductive health services to women discriminated against women on the basis of sex. The delation said that a bill was already before the parliament and once adopted would provide adequate responses to the concerns expressed by the Experts.

With regard to the problem relating to trafficking in women, the delegation said that the Government had take measures to combat that phenomenon.


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