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09 August 2000
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CERD
57th session
9 August 2000
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon reviewed a fourteenth periodic report presented by Nepal on its compliance with the terms of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the report, Nabin B. Shrestha, Minister Counsellor at the Permanent Mission of Nepal to the United Nations and other international organizations at Geneva, said that the commitments of his Government to promote and protect human rights were demonstrated in the various legislative, judicial and administrative measures which had been taken. He said that while the Government remained committed to the elimination of all forms of discrimination, the challenges manifested most strikingly in the lack of human, material and technical resources needed to be able to adequately address the growing needs of the people.
Carlos Lechuga Hevia, the Committee expert who served as country rapporteur to the report of Nepal, said that the Government should carry out programmes to educate people and stop them from discriminating against others on the basis of the caste system which still persisted in the country. People were socially segmented along lines of caste and sub-caste and ethnic and sub-ethnic groups in Nepal, but persons under the caste system should be emancipated, he said.
The Committee will issue its final conclusions and recommendations on the report of Nepal towards the end of its four-week session which concludes on 25 August.
The following Committee experts took part in the discussion: Gay McDougall, Deci Zou, Francois Lonseny Fall, Luis Valencia Rodriguez, Peter Nobel, Regis de Gouttes, Brun-Otto Bryde and Patricia Nozipho January-Bardill.
Nepal is among the 156 States parties to the Convention and as such it must present periodical reports to the Committee on its performance to combat racial discrimination in that country.
When the Committee reconvenes at 10 a.m. on Thursday, 10 August, it will discuss and adopt final conclusions and observations on country reports which it has already considered this session.
Report of Nepal
The fourteenth periodic report of Nepal (document CERD/C/337/Add.4)
enumerates the various measures taken by the Government with the view to implementing the provisions of the Convention. It says that agriculture dominates the life and economy of the country; poverty has been deeply rooted in the rural and agricultural households; Nepalese society is male dominated; and men make most of the household decisions in which women have only a supporting role.
The report further says that Nepal is fortunate to have social peace and harmony despite its multi-ethnic and multi-religious national character; the equality of rights of citizens is a principle of the Constitution; all branches of current legislation are devoted to giving it a concrete form; and the country has religious tolerance.
Presentation of Nepalese Report
NABIN B. SHRESTHA, Minister Counsellor at the Permanent Mission of Nepal to the United Nations Office at Geneva, said that Nepal had undergone a major political transformation as a result of the popular people's movement in 1990. The new democratic Constitution guaranteed all basic human rights and fundamental freedoms to every citizen.
The 1990 Constitution provided that no discrimination should be made against any citizen on the grounds of religion, race, sex, caste, tribe or ideological conviction, Mr. Shrestha affirmed. The right to constitutional remedy had also been guaranteed; any discrimination on the basis of caste, as untouchable, being denied access to public place or deprived of the use of public utilities, was punishable by law. In addition, the Constitution protected the right of every person to profess and practice his or her own religion; and all languages spoken in Nepal were also recognized as national languages.
Mr. Shrestha said that the commitment of his Government to promote and protect human rights were demonstrated in the various legislative, judicial and administrative measures taken by the Government. While the Government remained committed to the elimination of all forms of discrimination, the challenges manifested most strikingly in the lack of human, material and technical resources needed to be able to adequately address the growing needs of the people.
Discussion
CARLO LECHUGA HEVIA, the Committee expert who served as country rapporteur to the report of Nepal, stressed that much had been expected from the Government of Nepal vis-a-vis the diversified composition of the population where people of various ethnic communities lived together.
Mr. Lechuga Hevia said that the Government's fight against chronic poverty and the stagnation of economic development growth had been marked by efforts which did not achieve much; and most of the rural areas still remained under extreme poverty and underdevelopment.
He continued to say that the 1990 Constitution had introduced democratic reforms and 205 deputies had been elected to the country's national assembly; a multi-party parliamentary system was established with the King as head of the State, with a prime minister responsible to the parliament; however, complaints of alleged human-rights violations in the country continued to be reported. Another concern of the Committee was the absence of information on the composition of the population. In addition, the jurisdiction of the Supreme Court in matters of racial discrimination was not clear.
Hundreds and thousands of people had immigrated from Bhutan and lived in Nepal, Mr. Lechuga Hevia said, however, the conditions of those persons, who were considered as refugees, in camps were not satisfactory, as was reported by the European Union; and aid destined for the refugees had been reduced. More information was needed from the delegation on that issue.
Mr. Lechuga Hevia further said that the 1990 Constitution had a provision for the establishment of a national human rights commission, but there was no information if it was already functioning. The delegation was requested to supply information on its competence, mandate and membership.
Nepal should carry out programmes to educate people and stop them from discriminating against others on the basis of the caste system which still persisted in Nepal, Mr. Lechuga Hevia said. The report had affirmed that the people of Nepal were socially segmented along lines of caste and sub-caste and ethnic and sub-ethnic groups. It also indicated that the attempt to eradicate racial discrimination started with a popular movement in 1951 and ended legally with the promulgation of the civil and liberties act. However, it was affirmed that racial discrimination in the society, especially in the rural areas, still existed.
In conclusion, Mr. Lechuga Hevia said that slavery or slavery-like practices still existed in the rural population of Nepal in the form of debt- and labour-bondage. The caste system was also in some way a form of slavery in which the untouchable were in the hands of the higher castes. Also, although the 1963 National Code had abolished racial discrimination, it was reported that about 46,000 persons were found in bonded conditions.
Other Committee experts also echoed their views on the caste system and persisting racial discrimination against "untouchable" groups; poverty; refugees; and women, among others. An expert said that discrimination against women was still a dominant feature in the Nepalese traditional society, where men played the decisive role. In addition, the caste system had severely dispossessed and discriminated against the most vulnerable segment of the society.
Another expert said that Nepal had a good Constitution which provided rights to the people; however, in a country where the rate of illiteracy was high, it was difficult to realize how people could read and understand the Constitution to claim their rights. The Government was asked to provide information on measures to reduce the illiteracy rate in the country.
Response of Nepal
In response to the questions raised by Committee experts, the Nepalese delegate said that debt and labour bondage had been prohibited a long time ago and were offences which were punishable by law; however, because of the poor economic situation of the people, such incidents still persisted in the country.
Because of awareness-raising programmes launched by the Government and actions taken on several occasions, the caste system had been weakening, the delegate said. The Government had also taken a series of initiatives in favour of improving the situation of the "untouchables". However, the poor living conditions, the high rate of illiteracy and the low level of consciousness had kept many of them in the caste system.
Nepal had allocated an important part of its annual budget for programmes designed to eradicate poverty, the delegate said. A recent development programme had been implemented to alleviate poverty and to promote economic development. Most of the rural areas were targeted by the programmes, which included provision of clean water and other basic needs.
With regard to child labour, the delegate said that children under 14 were prohibited to work. No minor was allowed to work in mines and heavy industrial complexes. However, due to poverty, some parents sent their children to work when they were young. Nepal was a party to the Convention on the Rights of the Child, as well as to the ILO Convention on extreme forms child labour.
CARLOS LECHUGA HEVIA, the Committee expert who served as country rapporteur to the report of Nepal, said that the situation in Nepal was a singular one; although there were instruments and mechanisms to fight racial discrimination in the country, not much had been achieved. The Government was going ahead in its fight against all phenomena related to racial discrimination; however, the lack of a political culture had impeded people from realizing their rights under the Constitution and Convention. The Government should be encouraged to continue its endeavours and to allow the "untouchables" to be emancipated. Although a few hundred of them were emancipated, they had no land or property to live on.
* *** *
57th session
9 August 2000
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon reviewed a fourteenth periodic report presented by Nepal on its compliance with the terms of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the report, Nabin B. Shrestha, Minister Counsellor at the Permanent Mission of Nepal to the United Nations and other international organizations at Geneva, said that the commitments of his Government to promote and protect human rights were demonstrated in the various legislative, judicial and administrative measures which had been taken. He said that while the Government remained committed to the elimination of all forms of discrimination, the challenges manifested most strikingly in the lack of human, material and technical resources needed to be able to adequately address the growing needs of the people.
Carlos Lechuga Hevia, the Committee expert who served as country rapporteur to the report of Nepal, said that the Government should carry out programmes to educate people and stop them from discriminating against others on the basis of the caste system which still persisted in the country. People were socially segmented along lines of caste and sub-caste and ethnic and sub-ethnic groups in Nepal, but persons under the caste system should be emancipated, he said.
The Committee will issue its final conclusions and recommendations on the report of Nepal towards the end of its four-week session which concludes on 25 August.
The following Committee experts took part in the discussion: Gay McDougall, Deci Zou, Francois Lonseny Fall, Luis Valencia Rodriguez, Peter Nobel, Regis de Gouttes, Brun-Otto Bryde and Patricia Nozipho January-Bardill.
Nepal is among the 156 States parties to the Convention and as such it must present periodical reports to the Committee on its performance to combat racial discrimination in that country.
When the Committee reconvenes at 10 a.m. on Thursday, 10 August, it will discuss and adopt final conclusions and observations on country reports which it has already considered this session.
Report of Nepal
The fourteenth periodic report of Nepal (document CERD/C/337/Add.4)
enumerates the various measures taken by the Government with the view to implementing the provisions of the Convention. It says that agriculture dominates the life and economy of the country; poverty has been deeply rooted in the rural and agricultural households; Nepalese society is male dominated; and men make most of the household decisions in which women have only a supporting role.
The report further says that Nepal is fortunate to have social peace and harmony despite its multi-ethnic and multi-religious national character; the equality of rights of citizens is a principle of the Constitution; all branches of current legislation are devoted to giving it a concrete form; and the country has religious tolerance.
Presentation of Nepalese Report
NABIN B. SHRESTHA, Minister Counsellor at the Permanent Mission of Nepal to the United Nations Office at Geneva, said that Nepal had undergone a major political transformation as a result of the popular people's movement in 1990. The new democratic Constitution guaranteed all basic human rights and fundamental freedoms to every citizen.
The 1990 Constitution provided that no discrimination should be made against any citizen on the grounds of religion, race, sex, caste, tribe or ideological conviction, Mr. Shrestha affirmed. The right to constitutional remedy had also been guaranteed; any discrimination on the basis of caste, as untouchable, being denied access to public place or deprived of the use of public utilities, was punishable by law. In addition, the Constitution protected the right of every person to profess and practice his or her own religion; and all languages spoken in Nepal were also recognized as national languages.
Mr. Shrestha said that the commitment of his Government to promote and protect human rights were demonstrated in the various legislative, judicial and administrative measures taken by the Government. While the Government remained committed to the elimination of all forms of discrimination, the challenges manifested most strikingly in the lack of human, material and technical resources needed to be able to adequately address the growing needs of the people.
Discussion
CARLO LECHUGA HEVIA, the Committee expert who served as country rapporteur to the report of Nepal, stressed that much had been expected from the Government of Nepal vis-a-vis the diversified composition of the population where people of various ethnic communities lived together.
Mr. Lechuga Hevia said that the Government's fight against chronic poverty and the stagnation of economic development growth had been marked by efforts which did not achieve much; and most of the rural areas still remained under extreme poverty and underdevelopment.
He continued to say that the 1990 Constitution had introduced democratic reforms and 205 deputies had been elected to the country's national assembly; a multi-party parliamentary system was established with the King as head of the State, with a prime minister responsible to the parliament; however, complaints of alleged human-rights violations in the country continued to be reported. Another concern of the Committee was the absence of information on the composition of the population. In addition, the jurisdiction of the Supreme Court in matters of racial discrimination was not clear.
Hundreds and thousands of people had immigrated from Bhutan and lived in Nepal, Mr. Lechuga Hevia said, however, the conditions of those persons, who were considered as refugees, in camps were not satisfactory, as was reported by the European Union; and aid destined for the refugees had been reduced. More information was needed from the delegation on that issue.
Mr. Lechuga Hevia further said that the 1990 Constitution had a provision for the establishment of a national human rights commission, but there was no information if it was already functioning. The delegation was requested to supply information on its competence, mandate and membership.
Nepal should carry out programmes to educate people and stop them from discriminating against others on the basis of the caste system which still persisted in Nepal, Mr. Lechuga Hevia said. The report had affirmed that the people of Nepal were socially segmented along lines of caste and sub-caste and ethnic and sub-ethnic groups. It also indicated that the attempt to eradicate racial discrimination started with a popular movement in 1951 and ended legally with the promulgation of the civil and liberties act. However, it was affirmed that racial discrimination in the society, especially in the rural areas, still existed.
In conclusion, Mr. Lechuga Hevia said that slavery or slavery-like practices still existed in the rural population of Nepal in the form of debt- and labour-bondage. The caste system was also in some way a form of slavery in which the untouchable were in the hands of the higher castes. Also, although the 1963 National Code had abolished racial discrimination, it was reported that about 46,000 persons were found in bonded conditions.
Other Committee experts also echoed their views on the caste system and persisting racial discrimination against "untouchable" groups; poverty; refugees; and women, among others. An expert said that discrimination against women was still a dominant feature in the Nepalese traditional society, where men played the decisive role. In addition, the caste system had severely dispossessed and discriminated against the most vulnerable segment of the society.
Another expert said that Nepal had a good Constitution which provided rights to the people; however, in a country where the rate of illiteracy was high, it was difficult to realize how people could read and understand the Constitution to claim their rights. The Government was asked to provide information on measures to reduce the illiteracy rate in the country.
Response of Nepal
In response to the questions raised by Committee experts, the Nepalese delegate said that debt and labour bondage had been prohibited a long time ago and were offences which were punishable by law; however, because of the poor economic situation of the people, such incidents still persisted in the country.
Because of awareness-raising programmes launched by the Government and actions taken on several occasions, the caste system had been weakening, the delegate said. The Government had also taken a series of initiatives in favour of improving the situation of the "untouchables". However, the poor living conditions, the high rate of illiteracy and the low level of consciousness had kept many of them in the caste system.
Nepal had allocated an important part of its annual budget for programmes designed to eradicate poverty, the delegate said. A recent development programme had been implemented to alleviate poverty and to promote economic development. Most of the rural areas were targeted by the programmes, which included provision of clean water and other basic needs.
With regard to child labour, the delegate said that children under 14 were prohibited to work. No minor was allowed to work in mines and heavy industrial complexes. However, due to poverty, some parents sent their children to work when they were young. Nepal was a party to the Convention on the Rights of the Child, as well as to the ILO Convention on extreme forms child labour.
CARLOS LECHUGA HEVIA, the Committee expert who served as country rapporteur to the report of Nepal, said that the situation in Nepal was a singular one; although there were instruments and mechanisms to fight racial discrimination in the country, not much had been achieved. The Government was going ahead in its fight against all phenomena related to racial discrimination; however, the lack of a political culture had impeded people from realizing their rights under the Constitution and Convention. The Government should be encouraged to continue its endeavours and to allow the "untouchables" to be emancipated. Although a few hundred of them were emancipated, they had no land or property to live on.
* *** *