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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS PERIODIC REPORTS OF NEPAL
05 March 2004
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5 March 2004
The Committee on the Elimination of Racial Discrimination has reviewed the fifteenth and sixteenth periodic reports of Nepal on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Presenting the reports, Gyan Chandra Acharya, the Permanent Representative of Nepal to the United Nations Office at Geneva, highlighted the measures put in place by his country to implement the Convention. He noted that institutions and organizations had been set up at the national and district levels, exclusively to uplift the indigenous nationalities and the Dalits with a view to promoting their full and effective enjoyment of freedom and rights. He also drew attention to the actions to bring the Dalits and indigenous nationalities into the mainstream of overall national development of the country.
Subjects raised in the course of the discussion included caste-based discrimination, the Dalit and indigenous communities, Bhutanese and Tibetan refugees in Nepal and the Maoist insurgency in the country.
The final recommendations of the Committee will be released at the end of the session, which will conclude on 12 March. In preliminary remarks, Committee Expert Morten Kjaerum, who served as Rapporteur for the reports, noted the efforts taken by the Government towards mainstreaming disadvantaged groups at the national and local levels in Nepal and the affirmative action programmes implemented to allow these groups to have a stronger impact in society. He encouraged all the implementation systems taken by the Government to eliminate racial discrimination and especially applauded the fact that there was an open dialogue between the established Nepalese Human Rights Commission and the Parliament.
The delegation of Nepal was also made up of Santa Bahadur Gurung, Vice-Chairman of the National Academy for the Nationalities and Indigenous People, Meen Bishwakarma, a representative of the National Commission for Dalits, Gopal Bahadur Thapa, Minister Counselor in the Permanent Mission of Nepal to the United Nations Office at Geneva, Rajeev Guatam, Under-Secretary in the Ministry of Local Development and Hem Sharma Pokharel, Under-Secretary in the Ministry of Local Development.
At the end of the meeting this morning, the Committee briefly reviewed the question of follow-up to the Durban Conference. It heard a briefing from one of its members - who participated in the second session of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action – presenting her views on certain recommendations from the Working Group. Instead of elaborating new norms for prevention of racial discrimination, it would be better to apply those already existing, said the Expert. Other members of the Committee expressed their views on this subject.
When it resumes its meeting this afternoon at 3 p.m., the Committee will begin its review of the fourteenth to seventeenth periodic reports of Brazil.
Reports of Nepal
The fifteenth and sixteenth periodic reports of Nepal (CERD/C/452/Add.2) provide a detailed description of Nepal’s geophysical features, history, political organization, demographic features, as well as major aspects relating to the implementation of the articles of the Convention. The reports list several legal instruments adopted by the State party, among them the Civil Liberties Act of 1954 which guarantees the right to equality and equal protection of the law and prohibits restrictions against any citizen on the basis of religion, race, sex, caste or any other ground. The Government of Nepal is committed to implementing special socio-economic measures to achieve the objective of social equality and development enshrined in the various legal measures and instruments with the means and resources at its disposal.
Despite the numerous efforts by the Government to eliminate discrimination and to provide equitable participation, discrimination still persists in Nepalese society, the reports state. The representation of underprivileged communities in decision-making bodies is not adequate. However, the policy announcement on enhancing their participation made by the Prime Minister recently is a welcome milestone in this direction. The reports note the passing of a bill by Parliament in November 2001 on the establishment of a National Academy for Social, Economic and Cultural Development and the uplifting of nationalities. His Majesty’s Government has established a National Committee for the upliftment of the Depressed, the Oppressed and Dalits Community under the Ministry of Local Development and initiated several affirmative measures to that end. The reports also outline the position of the Government especially with respect to denouncing all acts of racial discrimination and the efforts made by the Government to prevent all acts of discrimination in the country.
The reports note the setting up of a Human Rights Commission as an independent statutory institution for the promotion and protection of human rights in Nepal. Other aspects of civil liberties and freedoms, such as the right to free choice of spouse, the right to own, use and dispose of property and the right to nationality are guaranteed under the law. Cases of caste-based discrimination have not yet been totally eliminated. The Government is aware of the situation and is seriously thinking of ways to address it. The reports discuss the situation of Bhutanese refugees in the country, and describe the cooperation and support extended to Nepal by the Office of the United Nation High Commissioner for Refugees and other donor nations with regard to refugees living in the different camps of eastern Nepal. The reports also mention the training provided to law enforcement officials, placing emphasis on the provisions of the Constitution relating to equality in the training curricula.
Presentation of Reports
GYAN CHANDRA ACHARYA, Permanent Representative of Nepal to the United Nations Office at Geneva, highlighted the measures put in place by Nepal to implement the International Convention on the Elimination of All Forms of Racial Discrimination. Institutions and organizations have been set up at the national and district levels, exclusively for uplifting the indigenous nationalities and the Dalits with a view to promoting their full and effective enjoyment of freedoms and rights. Their integration into the mainstream of the national development process has also been given due focus. The Constitution of Nepal promulgated in 1990 guarantees “basic human rights to every citizen of Nepal”. As Nepal was a State party to the Convention, it prohibited and condemned discrimination based on race, color, descent, or national or ethnic origin. Three interrelated broad categories of actions had been taken over the years to promote equity and equality and prevent all acts of racial discrimination.
Among recent developments was the establishment of the Local Self-Governance Act of 1999 which sought to institutionalize the process of development through representation of ethnic communities, indigenous groups and downtrodden people in the local bodies. At the time when the last periodic report was submitted, the Human Rights Commission Act was passed in Nepal and as a result, investigations have been completed in almost 150 cases and the Nepalese Human Rights Commission, which was set up in May 2000, was looking into complaints relating to caste-based discrimination.
The Ambassador drew attention to the actions to bring the Dalits and indigenous nationalities into the mainstream of overall national development of the country. Poverty was one of the root causes for the perpetuation of racial discrimination and the level of poverty in such communities was higher than in other communities. A National Dalit Commission had been established in order to investigate and monitor the cases and social disputes based on caste discrimination. The Commission could make recommendations for the better monitoring and coordination of the works of non-governmental organizations on the upliftment of the Dalits, and to launch programmes on social awareness aimed at ending social discrimination. Other recent developments included the establishment of the National Foundation for the Development of Indigenous Nationalities, the National Women’s Commission and the Human Rights Promotion Centre in 2003.
Ambassador Acharya made mention of the King of Nepal’s announcement of 17 August 2003 which called for the elimination of all kinds of discrimination and exploitation. An appropriate Constitutional provision would be made for the lasting resolution of the problem of citizenship; and special provisions in education, health and employment for women, indigenous nationalities and Dalits would be highlighted. Another development was the creation of the Kamaiya Emancipation and Rehabilitation Programme. The Kamaiya (bonded labour) system was one of the major social problems which was practiced in some parts of Nepal. In addition to emancipating them, the Government was providing various kinds of support to them. Homeless Kamaiya families identified had already been provided with financial assistance and materials for building their houses.
Discussion
MORTEN KJAERUM, the Committee Expert who served as Rapporteur to the reports of Nepal, said that Nepal was a country struggling with serious problems such as poverty, illiteracy, and insurgency and a large number of refugees from neighboring countries. Emphasis was made on the Shadow Reports of the Asian Legal Resource Centre and that of the Nepalese Human Rights Treaty Monitoring Coordination Committee. The prohibition of caste-based discrimination was very commendable and in accordance with general comment 29 of the Committee on the issue of descent.
Mr. Kjaerum asked the Government to provide more information on the anti-discrimination measures it had adopted and the question of autonomy and self-determination of the indigenous peoples. On the issue of wildlife, how did the Government manage the balance between the interests of the indigenous people on the one hand and giving consideration to the wildlife on the other hand. He asked for a comment from the Government on the prohibition of cow killing in the New National Code in lieu of religious tolerance. The Rapporteur noted that restrictions existed on the kinds of jobs members of certain castes were allowed to hold and asked what the Government was doing to combat these phenomena, which on the surface look like segregation. The Rapporteur asked whether the National Civil Code declared as offences ideas of superiority of one race, colour or ethnic group and whether Nepalese legislation allowed for penalties for such offences.
The Rapporteur referred to reports that Dalits and other vulnerable groups suffered from a wide range of discriminative measures taken by both their fellow citizens and public authorities and that they were regularly subjected to physical attacks. He recommended that investigation teams within the law enforcement forces be established to study and document the extent of racial discrimination carried out by the police. Mr. Kjaerum indicated that information had been received by the Committee that Dalits had been ignored in local elections and non-Dalits had been nominated instead. In that context, he asked the delegation to clarify the status of the implementation of the local Bodies Election Procedure Act and the extent to which the prescribed nomination regime was actually being followed.
Mr. Kjaerum said that intercaste marriages were widely unaccepted in Nepal from a social perspective and asked the delegation to explain to which extent women belonging to minority groups had a right to seek divorce on a equal footing with men, or whether they had to follow the Hindu norms. Another issue of concern raised was that of bonded labour in Nepal. The Government began emancipating the bonded labourers in July 2000 by canceling ther loans taken from the landlords, thus implementing the Bonded Labor Act of 2002. The Rapporteur asked whether the Government had considered taking any steps to liberate the remaining bonded labourers and to ameliorate the transition to a free life for the ones already liberated.
According to several non-governmental organization sources, there were many examples of Dalit students being placed separately in their classrooms, prohibited from playing with students from other castes and forced to use separate water taps. Scholarships for students from disadvantaged communities, of which 10 per cent were allocated to Dalits, existed in Nepal. However, some sources suggested that not all of the scholarships in question had been granted. The Rapporteur asked the delegation to comment on the overall situation with regard to these students and specifically asked whether the Government could comment on the monitoring of these scholarships. Other discriminatory measures reported to be occurring with regard to Dalits included their denial of services in hotels and restaurants and the construction of special water taps for Dalits and non-Dalits. Mr. Kjaerum asked the delegation for further information on this matter. In general, he requested information on how the Government, through its established Human Rights Commission, planned to ameliorate the conditions for Dalits and indigenous peoples.
The Rapporteur noted that there had been approximately 100,000 refugees from southern Bhutan living in Nepal for over 10 years. In addition, Nepal was hosting more than 20,000 Tibetan refugees. He asked the delegation to update the Committee on the situation of refugees in general, including the question of national legislative protection for refugees and asylum-seekers and welcomed further information on the Legal Aid Act. He also asked whether Nepal had established a general and country-wide free legal aid scheme so as to enable citizens living in poverty to bring to court cases of discrimination.
Mr. Kjaerum mentioned a recent study on caste-based discrimination in Nepal which stated that 36 per cent of the population possessed no knowledge of their rights, freedoms and other anti-discrimination tools contained in the Convention and the Nepalese Constitution and laws. In that regard he asked the Government if it was considering initiating further information campaigns against racial discrimination.
The Rapporteur welcomed the information provided in the report on human rights training and education of law enforcement officials in accordance with the Committee’s observations of May 2001 and in that regard asked if the military police force deployed as a result of the Maoist rebellion and the declaration of emergency on 26 November 2001 was also subject to teaching of human rights. He further asked the Government to elaborate on the teaching of human rights for lower level officers given the reports that suggested they lacked awareness on the subject.
Mr. Kjaerum noted that the Nepalese Government broadcast national news in nine languages as well as regional radio programmes; however the Dalits did not enjoy any representation in the bodies of the State-owned media; and issues such as racial discrimination and human rights received very little priority by the State-owned as well as private media. He asked for the Government’s position on this matter.
Other Experts requested additional information on demographic groups in general and noted that the Government of Nepal had recognized over 59 nationalities and over 40 languages in the country and that more than 4.5 million people, or 20 per cent of the population, were in the caste system. They acknowledged that the Government was combating the caste-based system and recommended that it should extend its efforts and use the support of NGOs. There were a number of refugees in Nepal, including Bhutanese and Tibetans, combined with foreign workers who were deprived of certain rights and the Experts called for Government action in that regard under the auspices of the established Human Rights Commission. Other Experts welcomed the measures towards agricultural reform, combating poverty in general and noted the Maoist struggle in the country which had created a difficult situation.
Another Expert asked what instruments were in place to make it possible to apply criminal sanctions to the perpetrators of acts of discrimination against ethnic or caste communities. Several of the Experts recommended that the Nepalese Government make more efforts to combat the problem of prostitution in the country and to take measures to enhance the education of minorities, in particular intercultural education. Another Expert asked whether, with regard to the term indigenous, there was a crossover between caste and ethnicity and whether Nepal was considering the ratification of ILO Convention 169 on indigenous and tribal people.
Other Experts asked for information on the rules for obtaining citizenship in Nepal, what requirements were in place and if they were connected with ethnic allegiance. Another Committee member asked what developments Nepal was taking in the area of affirmative action and if any steps beyond the area of education were being implemented or were planned, for example employment opportunities and land ownership. She also asked what gains women were making with regard to the legislation policies implemented in Nepal.
Referring to the Maoist insurgency, a Committee Expert suggested that initiatives by the Government needed to be further supported that indicated that there could be no solution through the use of force. Another subject which was echoed by several Committee Experts was the need for compensation for victims of discrimination.
The Nepalese delegation responded by stating that legislation had been set up over the years to address the problems of racial discrimination with the aim of implementing the International Convention on the Elimination of All Forms of Racial Discrimination. Special emphasis had been placed on empowering Dalits and indigenous communities so that they could become involved in the mainstream of society in all aspects, including establishing institutional measures. Recent initiatives had been taken by the Government to ensure changes in the country, among them the Government policy announcement of 17 August 2003 which made several recommendations on how to ensure fair representation in parliament and the proposal to give more seats to women for which a sub-committee was formed. He referred to the Local Self-governance Act which, among other things, proposed to promote languages of various nationalities in the county and to establish a second working language in Nepal. Referring to the question on citizenship, the delegation stated that a Constitutional provision would be made to allow all those who were genuine Nepalese to be granted citizenship to ensure that all communities would be mainstreamed into society and represented at the national level equitably.
Highlighting the issue of the National Commission for Dalits and the caste groups, the delegation noted that Nepal was effectively working for the social transformation of all of these groups and reiterated that social awareness programmes had been established to achieve that goal. There was a need to abolish the caste system and information was requested on the Government’s measures to tackle the problem. To this end, the Human Rights Commission of Nepal and the National Dalit Commission had recently drafted a bill which called for recommendations within the framework of existing legal provisions. The efforts by Nepal to effectively implement this draft bill involved the participation of several NGOs. The Commission was composed of 10 members from the Dalit communities all of whom have been working in the social field. In this context, studies and surveys on women, indigenous populations, Dalit communities and overall social impact had been carried out and pilot projects had been launched. Despite these efforts to work for social transformation and justice for all Dalits, the Government was not yet satisfied and Dalits were still being deprived of certain rights.
Concerning the general aspects and functions of the National Foundation for the Development of Indigenous Nationalities which was composed of a governing council and an executive committee, the delegation said the programmes and actions taken by the Foundation were a literacy programme in 10 mother tongues, social awareness programmes and research and surveys on 10 nationalities represented in Nepal. As for legal aid for indigenous communities, the Legal Aid Act of 1988 allowed for the gradual universal provision of legal assistance to Dalit and indigenous communities. The King of Nepal had established a free legal aid policy for disadvantaged communities and the Government had made the decision that any case of acts of discrimination committed against Dalits and indigenous persons would be treated as a State case. These were illustrated as further positive steps to helping these communities.
With regards to the National, Civil and Penal Codes in Nepal, there was a provision within the Civil Code which dealt with punishment for crimes of acts of racial discrimination. Particular cases pertaining to racial discrimination were prohibited by Nepalese law as well as the existence of any organization that promoted racial discrimination. Cases had been filed by individuals on denial of access to certain public facilities as well as cases of caste-based discrimination.
Education and social awareness programmes in Nepal needed to be enhanced in order to promote equality but it would take a long time to translate this into behavior, the delegation said. To that end, many elements were already in place for human rights education in the school curricula and courses on human rights and racial discrimination would be incorporated in textbooks. In response to a question on human rights training for law enforcement officials, the delegation stated that many programmes were already underway in the country to enhance an understanding of the issue.
The delegation recalled the establishment of a mediation committee which had been established under the Local Self Governance Act and was composed of Dalits and indigenous representatives to address issues at the local level. Some 528 complaints had been filed with the Nepalese Human Rights Commission pertaining to various cases of caste-based discrimination. The Commission was very much involved in the aspects of the Kumaiya Act which allowed for good coordination between the Commission and the human rights committees established by it.
After hearing the response by the delegation, a member of the Committee referred to the water systems which were constructed for Dalits and non-Dalits and asked whether there were any structures or authorities in Nepal which had the capacity to implement anti-discrimination measures in general. Another member asked to what extent the National Commission for Dalits would be able to contribute anything new to the judiciary process to make a difference for uplifting the Dalit population as a whole. Another Committee Expert noted that abolishing the caste system, which was over 3,000 years old, was is an immense challenge and commented that more determined efforts must be made to enforce the penal provisions to impose punishment for heinous acts like caste discrimination.
Preliminary Remarks
MORTEN KJAERUM, the Committee Expert who served as Rapporteur to the reports of Nepal, noted the efforts taken by the Government towards mainstreaming disadvantaged groups at the national and local levels in Nepal and the affirmative action programmes implemented to allow these groups to have a stronger impact in society. He underlined that the discussions on the efforts to eliminate discrimination of the Dalits and indigenous groups was the heading of the discussion. He expressed the views of other Committee members in acknowledging that abolishing the caste-based system was a gradual process and no one felt that it was an instant process. He encouraged all the implementation systems taken by the Government to eliminate racial discrimination and especially applauded the fact that there was an open dialogue between the established Nepalese Human Rights Commission and the Parliament. In closing, the Rapporteur said the Committee would be interested in receiving more information about the newly-established Mediation Committee and about the funds and resources that were being invested for development purposes.
5 March 2004
The Committee on the Elimination of Racial Discrimination has reviewed the fifteenth and sixteenth periodic reports of Nepal on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Presenting the reports, Gyan Chandra Acharya, the Permanent Representative of Nepal to the United Nations Office at Geneva, highlighted the measures put in place by his country to implement the Convention. He noted that institutions and organizations had been set up at the national and district levels, exclusively to uplift the indigenous nationalities and the Dalits with a view to promoting their full and effective enjoyment of freedom and rights. He also drew attention to the actions to bring the Dalits and indigenous nationalities into the mainstream of overall national development of the country.
Subjects raised in the course of the discussion included caste-based discrimination, the Dalit and indigenous communities, Bhutanese and Tibetan refugees in Nepal and the Maoist insurgency in the country.
The final recommendations of the Committee will be released at the end of the session, which will conclude on 12 March. In preliminary remarks, Committee Expert Morten Kjaerum, who served as Rapporteur for the reports, noted the efforts taken by the Government towards mainstreaming disadvantaged groups at the national and local levels in Nepal and the affirmative action programmes implemented to allow these groups to have a stronger impact in society. He encouraged all the implementation systems taken by the Government to eliminate racial discrimination and especially applauded the fact that there was an open dialogue between the established Nepalese Human Rights Commission and the Parliament.
The delegation of Nepal was also made up of Santa Bahadur Gurung, Vice-Chairman of the National Academy for the Nationalities and Indigenous People, Meen Bishwakarma, a representative of the National Commission for Dalits, Gopal Bahadur Thapa, Minister Counselor in the Permanent Mission of Nepal to the United Nations Office at Geneva, Rajeev Guatam, Under-Secretary in the Ministry of Local Development and Hem Sharma Pokharel, Under-Secretary in the Ministry of Local Development.
At the end of the meeting this morning, the Committee briefly reviewed the question of follow-up to the Durban Conference. It heard a briefing from one of its members - who participated in the second session of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action – presenting her views on certain recommendations from the Working Group. Instead of elaborating new norms for prevention of racial discrimination, it would be better to apply those already existing, said the Expert. Other members of the Committee expressed their views on this subject.
When it resumes its meeting this afternoon at 3 p.m., the Committee will begin its review of the fourteenth to seventeenth periodic reports of Brazil.
Reports of Nepal
The fifteenth and sixteenth periodic reports of Nepal (CERD/C/452/Add.2) provide a detailed description of Nepal’s geophysical features, history, political organization, demographic features, as well as major aspects relating to the implementation of the articles of the Convention. The reports list several legal instruments adopted by the State party, among them the Civil Liberties Act of 1954 which guarantees the right to equality and equal protection of the law and prohibits restrictions against any citizen on the basis of religion, race, sex, caste or any other ground. The Government of Nepal is committed to implementing special socio-economic measures to achieve the objective of social equality and development enshrined in the various legal measures and instruments with the means and resources at its disposal.
Despite the numerous efforts by the Government to eliminate discrimination and to provide equitable participation, discrimination still persists in Nepalese society, the reports state. The representation of underprivileged communities in decision-making bodies is not adequate. However, the policy announcement on enhancing their participation made by the Prime Minister recently is a welcome milestone in this direction. The reports note the passing of a bill by Parliament in November 2001 on the establishment of a National Academy for Social, Economic and Cultural Development and the uplifting of nationalities. His Majesty’s Government has established a National Committee for the upliftment of the Depressed, the Oppressed and Dalits Community under the Ministry of Local Development and initiated several affirmative measures to that end. The reports also outline the position of the Government especially with respect to denouncing all acts of racial discrimination and the efforts made by the Government to prevent all acts of discrimination in the country.
The reports note the setting up of a Human Rights Commission as an independent statutory institution for the promotion and protection of human rights in Nepal. Other aspects of civil liberties and freedoms, such as the right to free choice of spouse, the right to own, use and dispose of property and the right to nationality are guaranteed under the law. Cases of caste-based discrimination have not yet been totally eliminated. The Government is aware of the situation and is seriously thinking of ways to address it. The reports discuss the situation of Bhutanese refugees in the country, and describe the cooperation and support extended to Nepal by the Office of the United Nation High Commissioner for Refugees and other donor nations with regard to refugees living in the different camps of eastern Nepal. The reports also mention the training provided to law enforcement officials, placing emphasis on the provisions of the Constitution relating to equality in the training curricula.
Presentation of Reports
GYAN CHANDRA ACHARYA, Permanent Representative of Nepal to the United Nations Office at Geneva, highlighted the measures put in place by Nepal to implement the International Convention on the Elimination of All Forms of Racial Discrimination. Institutions and organizations have been set up at the national and district levels, exclusively for uplifting the indigenous nationalities and the Dalits with a view to promoting their full and effective enjoyment of freedoms and rights. Their integration into the mainstream of the national development process has also been given due focus. The Constitution of Nepal promulgated in 1990 guarantees “basic human rights to every citizen of Nepal”. As Nepal was a State party to the Convention, it prohibited and condemned discrimination based on race, color, descent, or national or ethnic origin. Three interrelated broad categories of actions had been taken over the years to promote equity and equality and prevent all acts of racial discrimination.
Among recent developments was the establishment of the Local Self-Governance Act of 1999 which sought to institutionalize the process of development through representation of ethnic communities, indigenous groups and downtrodden people in the local bodies. At the time when the last periodic report was submitted, the Human Rights Commission Act was passed in Nepal and as a result, investigations have been completed in almost 150 cases and the Nepalese Human Rights Commission, which was set up in May 2000, was looking into complaints relating to caste-based discrimination.
The Ambassador drew attention to the actions to bring the Dalits and indigenous nationalities into the mainstream of overall national development of the country. Poverty was one of the root causes for the perpetuation of racial discrimination and the level of poverty in such communities was higher than in other communities. A National Dalit Commission had been established in order to investigate and monitor the cases and social disputes based on caste discrimination. The Commission could make recommendations for the better monitoring and coordination of the works of non-governmental organizations on the upliftment of the Dalits, and to launch programmes on social awareness aimed at ending social discrimination. Other recent developments included the establishment of the National Foundation for the Development of Indigenous Nationalities, the National Women’s Commission and the Human Rights Promotion Centre in 2003.
Ambassador Acharya made mention of the King of Nepal’s announcement of 17 August 2003 which called for the elimination of all kinds of discrimination and exploitation. An appropriate Constitutional provision would be made for the lasting resolution of the problem of citizenship; and special provisions in education, health and employment for women, indigenous nationalities and Dalits would be highlighted. Another development was the creation of the Kamaiya Emancipation and Rehabilitation Programme. The Kamaiya (bonded labour) system was one of the major social problems which was practiced in some parts of Nepal. In addition to emancipating them, the Government was providing various kinds of support to them. Homeless Kamaiya families identified had already been provided with financial assistance and materials for building their houses.
Discussion
MORTEN KJAERUM, the Committee Expert who served as Rapporteur to the reports of Nepal, said that Nepal was a country struggling with serious problems such as poverty, illiteracy, and insurgency and a large number of refugees from neighboring countries. Emphasis was made on the Shadow Reports of the Asian Legal Resource Centre and that of the Nepalese Human Rights Treaty Monitoring Coordination Committee. The prohibition of caste-based discrimination was very commendable and in accordance with general comment 29 of the Committee on the issue of descent.
Mr. Kjaerum asked the Government to provide more information on the anti-discrimination measures it had adopted and the question of autonomy and self-determination of the indigenous peoples. On the issue of wildlife, how did the Government manage the balance between the interests of the indigenous people on the one hand and giving consideration to the wildlife on the other hand. He asked for a comment from the Government on the prohibition of cow killing in the New National Code in lieu of religious tolerance. The Rapporteur noted that restrictions existed on the kinds of jobs members of certain castes were allowed to hold and asked what the Government was doing to combat these phenomena, which on the surface look like segregation. The Rapporteur asked whether the National Civil Code declared as offences ideas of superiority of one race, colour or ethnic group and whether Nepalese legislation allowed for penalties for such offences.
The Rapporteur referred to reports that Dalits and other vulnerable groups suffered from a wide range of discriminative measures taken by both their fellow citizens and public authorities and that they were regularly subjected to physical attacks. He recommended that investigation teams within the law enforcement forces be established to study and document the extent of racial discrimination carried out by the police. Mr. Kjaerum indicated that information had been received by the Committee that Dalits had been ignored in local elections and non-Dalits had been nominated instead. In that context, he asked the delegation to clarify the status of the implementation of the local Bodies Election Procedure Act and the extent to which the prescribed nomination regime was actually being followed.
Mr. Kjaerum said that intercaste marriages were widely unaccepted in Nepal from a social perspective and asked the delegation to explain to which extent women belonging to minority groups had a right to seek divorce on a equal footing with men, or whether they had to follow the Hindu norms. Another issue of concern raised was that of bonded labour in Nepal. The Government began emancipating the bonded labourers in July 2000 by canceling ther loans taken from the landlords, thus implementing the Bonded Labor Act of 2002. The Rapporteur asked whether the Government had considered taking any steps to liberate the remaining bonded labourers and to ameliorate the transition to a free life for the ones already liberated.
According to several non-governmental organization sources, there were many examples of Dalit students being placed separately in their classrooms, prohibited from playing with students from other castes and forced to use separate water taps. Scholarships for students from disadvantaged communities, of which 10 per cent were allocated to Dalits, existed in Nepal. However, some sources suggested that not all of the scholarships in question had been granted. The Rapporteur asked the delegation to comment on the overall situation with regard to these students and specifically asked whether the Government could comment on the monitoring of these scholarships. Other discriminatory measures reported to be occurring with regard to Dalits included their denial of services in hotels and restaurants and the construction of special water taps for Dalits and non-Dalits. Mr. Kjaerum asked the delegation for further information on this matter. In general, he requested information on how the Government, through its established Human Rights Commission, planned to ameliorate the conditions for Dalits and indigenous peoples.
The Rapporteur noted that there had been approximately 100,000 refugees from southern Bhutan living in Nepal for over 10 years. In addition, Nepal was hosting more than 20,000 Tibetan refugees. He asked the delegation to update the Committee on the situation of refugees in general, including the question of national legislative protection for refugees and asylum-seekers and welcomed further information on the Legal Aid Act. He also asked whether Nepal had established a general and country-wide free legal aid scheme so as to enable citizens living in poverty to bring to court cases of discrimination.
Mr. Kjaerum mentioned a recent study on caste-based discrimination in Nepal which stated that 36 per cent of the population possessed no knowledge of their rights, freedoms and other anti-discrimination tools contained in the Convention and the Nepalese Constitution and laws. In that regard he asked the Government if it was considering initiating further information campaigns against racial discrimination.
The Rapporteur welcomed the information provided in the report on human rights training and education of law enforcement officials in accordance with the Committee’s observations of May 2001 and in that regard asked if the military police force deployed as a result of the Maoist rebellion and the declaration of emergency on 26 November 2001 was also subject to teaching of human rights. He further asked the Government to elaborate on the teaching of human rights for lower level officers given the reports that suggested they lacked awareness on the subject.
Mr. Kjaerum noted that the Nepalese Government broadcast national news in nine languages as well as regional radio programmes; however the Dalits did not enjoy any representation in the bodies of the State-owned media; and issues such as racial discrimination and human rights received very little priority by the State-owned as well as private media. He asked for the Government’s position on this matter.
Other Experts requested additional information on demographic groups in general and noted that the Government of Nepal had recognized over 59 nationalities and over 40 languages in the country and that more than 4.5 million people, or 20 per cent of the population, were in the caste system. They acknowledged that the Government was combating the caste-based system and recommended that it should extend its efforts and use the support of NGOs. There were a number of refugees in Nepal, including Bhutanese and Tibetans, combined with foreign workers who were deprived of certain rights and the Experts called for Government action in that regard under the auspices of the established Human Rights Commission. Other Experts welcomed the measures towards agricultural reform, combating poverty in general and noted the Maoist struggle in the country which had created a difficult situation.
Another Expert asked what instruments were in place to make it possible to apply criminal sanctions to the perpetrators of acts of discrimination against ethnic or caste communities. Several of the Experts recommended that the Nepalese Government make more efforts to combat the problem of prostitution in the country and to take measures to enhance the education of minorities, in particular intercultural education. Another Expert asked whether, with regard to the term indigenous, there was a crossover between caste and ethnicity and whether Nepal was considering the ratification of ILO Convention 169 on indigenous and tribal people.
Other Experts asked for information on the rules for obtaining citizenship in Nepal, what requirements were in place and if they were connected with ethnic allegiance. Another Committee member asked what developments Nepal was taking in the area of affirmative action and if any steps beyond the area of education were being implemented or were planned, for example employment opportunities and land ownership. She also asked what gains women were making with regard to the legislation policies implemented in Nepal.
Referring to the Maoist insurgency, a Committee Expert suggested that initiatives by the Government needed to be further supported that indicated that there could be no solution through the use of force. Another subject which was echoed by several Committee Experts was the need for compensation for victims of discrimination.
The Nepalese delegation responded by stating that legislation had been set up over the years to address the problems of racial discrimination with the aim of implementing the International Convention on the Elimination of All Forms of Racial Discrimination. Special emphasis had been placed on empowering Dalits and indigenous communities so that they could become involved in the mainstream of society in all aspects, including establishing institutional measures. Recent initiatives had been taken by the Government to ensure changes in the country, among them the Government policy announcement of 17 August 2003 which made several recommendations on how to ensure fair representation in parliament and the proposal to give more seats to women for which a sub-committee was formed. He referred to the Local Self-governance Act which, among other things, proposed to promote languages of various nationalities in the county and to establish a second working language in Nepal. Referring to the question on citizenship, the delegation stated that a Constitutional provision would be made to allow all those who were genuine Nepalese to be granted citizenship to ensure that all communities would be mainstreamed into society and represented at the national level equitably.
Highlighting the issue of the National Commission for Dalits and the caste groups, the delegation noted that Nepal was effectively working for the social transformation of all of these groups and reiterated that social awareness programmes had been established to achieve that goal. There was a need to abolish the caste system and information was requested on the Government’s measures to tackle the problem. To this end, the Human Rights Commission of Nepal and the National Dalit Commission had recently drafted a bill which called for recommendations within the framework of existing legal provisions. The efforts by Nepal to effectively implement this draft bill involved the participation of several NGOs. The Commission was composed of 10 members from the Dalit communities all of whom have been working in the social field. In this context, studies and surveys on women, indigenous populations, Dalit communities and overall social impact had been carried out and pilot projects had been launched. Despite these efforts to work for social transformation and justice for all Dalits, the Government was not yet satisfied and Dalits were still being deprived of certain rights.
Concerning the general aspects and functions of the National Foundation for the Development of Indigenous Nationalities which was composed of a governing council and an executive committee, the delegation said the programmes and actions taken by the Foundation were a literacy programme in 10 mother tongues, social awareness programmes and research and surveys on 10 nationalities represented in Nepal. As for legal aid for indigenous communities, the Legal Aid Act of 1988 allowed for the gradual universal provision of legal assistance to Dalit and indigenous communities. The King of Nepal had established a free legal aid policy for disadvantaged communities and the Government had made the decision that any case of acts of discrimination committed against Dalits and indigenous persons would be treated as a State case. These were illustrated as further positive steps to helping these communities.
With regards to the National, Civil and Penal Codes in Nepal, there was a provision within the Civil Code which dealt with punishment for crimes of acts of racial discrimination. Particular cases pertaining to racial discrimination were prohibited by Nepalese law as well as the existence of any organization that promoted racial discrimination. Cases had been filed by individuals on denial of access to certain public facilities as well as cases of caste-based discrimination.
Education and social awareness programmes in Nepal needed to be enhanced in order to promote equality but it would take a long time to translate this into behavior, the delegation said. To that end, many elements were already in place for human rights education in the school curricula and courses on human rights and racial discrimination would be incorporated in textbooks. In response to a question on human rights training for law enforcement officials, the delegation stated that many programmes were already underway in the country to enhance an understanding of the issue.
The delegation recalled the establishment of a mediation committee which had been established under the Local Self Governance Act and was composed of Dalits and indigenous representatives to address issues at the local level. Some 528 complaints had been filed with the Nepalese Human Rights Commission pertaining to various cases of caste-based discrimination. The Commission was very much involved in the aspects of the Kumaiya Act which allowed for good coordination between the Commission and the human rights committees established by it.
After hearing the response by the delegation, a member of the Committee referred to the water systems which were constructed for Dalits and non-Dalits and asked whether there were any structures or authorities in Nepal which had the capacity to implement anti-discrimination measures in general. Another member asked to what extent the National Commission for Dalits would be able to contribute anything new to the judiciary process to make a difference for uplifting the Dalit population as a whole. Another Committee Expert noted that abolishing the caste system, which was over 3,000 years old, was is an immense challenge and commented that more determined efforts must be made to enforce the penal provisions to impose punishment for heinous acts like caste discrimination.
Preliminary Remarks
MORTEN KJAERUM, the Committee Expert who served as Rapporteur to the reports of Nepal, noted the efforts taken by the Government towards mainstreaming disadvantaged groups at the national and local levels in Nepal and the affirmative action programmes implemented to allow these groups to have a stronger impact in society. He underlined that the discussions on the efforts to eliminate discrimination of the Dalits and indigenous groups was the heading of the discussion. He expressed the views of other Committee members in acknowledging that abolishing the caste-based system was a gradual process and no one felt that it was an instant process. He encouraged all the implementation systems taken by the Government to eliminate racial discrimination and especially applauded the fact that there was an open dialogue between the established Nepalese Human Rights Commission and the Parliament. In closing, the Rapporteur said the Committee would be interested in receiving more information about the newly-established Mediation Committee and about the funds and resources that were being invested for development purposes.
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