Committee
on the Elimination of
Discrimination against Women
Thirtieth session
12-30 January 2004
Concluding
comments: Nepal
1. The Committee
considered the combined second and third periodic report of Nepal
(CEDAW/C/NPL/2-3) at its 630th and 631st meetings, on 13 January
2004 (see CEDAW/C/SR.630 and 631).
I. Introduction by the State party
2. In introducing the combined second and third periodic report
of Nepal, the representative of Nepal reiterated the State party's
full commitment to the implementation of the Convention, which
was basic to Nepal's development efforts and a source of inspiration
for developmental interventions aimed at achieving substantive
equality for women and the elimination of all forms of discrimination
against women. Civil society and development partners had collaborated
with the Government in the preparation of the national report.
They had also supported resource generation and social mobilization
during the implementation of the Convention. That collaboration
encouraged the creation of an enabling environment, gender sensitization
and institutional development at the national and the village
levels.
3. The representative highlighted the positive developments that
had taken place in Nepal since the ratification of the Convention
in 1991. Women's socio -economic empowerment was well under way,
gender issues were being integrated into sectoral development
policies, and development partners agreed on the need to place
gender issues at the top of the national agenda.
4. Equality between women and men, women's empowerment and gender
mainstreaming were targets of overall development. In order to
achieve those targets, several policies and strategies had been
implemented, including formulation of the National Plan of Action
on Gender Equality and Women's Empowerment; approval of a plan
of action on the Convention; formulation of a national human rights
action plan; approval of the National Strategy on "Education
for All", aimed at eliminating gender disparity in education
by 2005 and achieving gender equality by 2015; review of the existing
Plan of Action against Trafficking; and preparation and finalization
of the Social Charter of the South Asian Association for Regional
Cooperation (SAARC).
5. Moreover, initiatives had been undertaken in relation to governance
reform, including formulation of a road map for gender-responsive
governance; introduction of "mobile government" aimed
at providing essential services for rural communities; establishment
of a committee on reservations for marginalized communities, including
women in the civil service, aimed at ensuring equal participation
of women in decision-making positions in the civil service; and
provision of more opportunities for women in foreign employment.
6. Turning to institutional development, the representative stated
that the National Human Rights Commission, the National Commission
on Women, and the National Dalit Commission had been established.
Furthermore, the capacity of gender focal points had been strengthened
in order to achieve gender responsiveness in ministries. Women's
development offices had been institutionalized as gender focal
"agency" at the district level, and a women's caucus
had been established in Parliament.
7. Discriminatory laws had been reviewed by an expert Committee
and a report thereon had been submitted to the Prime Minister,
who had sent it to the Ministry of Women, Children and Social
Welfare for the necessary action, and the procedure for safe abortion
had been effectuated. A bill on domestic violence and an amendment
bill on human trafficking (control) had been submitted to Parliament.
Economic opportunities for women had been expanded. Other initiatives
included the incorporation of gender budgeting in the national
budgetary mechanism and the formulation of a programme to support
families, especially women and children, affected by conflict
and violence.
8. The representative noted that, despite significant progress
achieved on the advancement of women, major sociocultural, governance,
economic, legal and psychological challenges remained. Sociocultural
challenges included the prevalence of traditional culture and
customs leading to patriarchy; discriminatory social practices,
negative attitudes and gender stereotypes; prevalence of gender
based violence and subordination of women in society; lack of
adequate gender awareness and awareness of women's rights; and
marginalization of women's issues. Challenges in the governance
sector included non-existent or insufficient implementation of
international instruments; insufficient institutional capacity
of the government machinery for policy and programme implementation
and lack of effective law enforcement; the need to mainstream
gender concerns into governance; the need to institutionalize
cooperat ion with civil society and other partners; and the need
to provide effective service delivery for marginalized sectors
of the population.
9. With regard to economic challenges, the representative noted
a lack of equitable access for women to productive resources in
comparison with men, the feminization of poverty and the marginalization
of rural women. Legal challenges included the prevalence of discriminatory
legal provisions and lengthy amendment processes as well as inadequate
gender sensitivity and gender responsiveness in the legislative
process. Finally, with regard to psychological challenges, the
representative underlined the lack of adequate knowledge and skills
to internalize the issues of gender and empowerment of women;
the low participation and support of men in gender and women's
issues; the lack of family and community support to increase the
psychological status of women; and the subordination of women
in social and economic activities.
10. The representative described the road map for implementation
of the Plan of Action on the Convention and concluded by stressing
the importance placed by Nepal on the elimination of discrimination
against women as a way to develop the whole society. The necessity
of international cooperation and assistance for the effective
implementation of the Convention in the country was also emphasized.
II. Concluding comments of the Committee
Introduction
11. The Committee commends the State party for its combined second
and third periodic report, which was frank, informative and straightforward
and complies with the Committee's guidelines for the preparation
of reports.
12. The Committee commends the State party for its high-level
delegation, headed by the Minister of State for Women, Children
and Social Welfare, and appreciates the fact that the delegation
included the Chairperson of the National Women's Commission, a
woman member of the Human Rights Commission, a woman member of
the National Dalit Commission and representatives of different
ministries with responsibility for the implementation of the Convention.
It expresses appreciation to the State party for the written responses
to the issues and questions posed by the Committee's pre-sessional
working group and the frank oral presentation made by the delegation.
13. The Committee notes with satisfaction that the National Plan
of Action on Gender Equality and Women's Empowerment covers the
12 critical areas of concern identified in the Beijing Platform
for Action.
Positive aspects
14. The Committee commends the State party for identifying gender
equality as a priority in its national development plan and welcomes
new laws and legal reforms, such as the Country Code (Eleventh
Amendment) Act, which, inter alia, enhances women's right to property;
the Legal Aid Act, under which free legal aid is available in
cases of abortion, trafficking, sexual exploitation and domestic
violence; the Civil Service (First Amendment) Act, containing
special provisions with regard to entry regulations, career development
and conditions of service for women; and the Local Self-Governance
Act, which includes a quota of a minimum of 20 per cent representation
by women in local bodies. The Committee also commends the efforts
made towards implementation of the Convention through a wide range
of plans and programmes, including the National Plan of Action
on Gender Equality and Women's Empowerment, the National Plan
of Action on Education and the Second Long-Term Health Plan.
15. The Committee commends the State party for establishing the
Ministry of Women, Children and Social Welfare and for creating
several other institutional mechanisms, including the National
Commission on Women, gender focal points in other ministries,
a National Human Rights Commission, the National Dalit Commission
and a national committee to monitor the implementation of the
Convention.
16. The Committee commends the State party's partnership with
civil society on women's issues and its cooperation with civil
society in disseminating information on the Convention, including
the concluding comments that followed the consideration of the
initial report. It welcomes the fact that these concluding comments
were translated into Nepali to foster a better understanding of
the human rights of women.
17. The Committee acknowledges that the judiciary has rendered
a number of gender-sensitive decisions, thereby contributing to
enhancing the status of women and protecting their rights in the
territory of the State party.
Principal areas of concern and recommendations
18. While noting that a high -level committee has submitted a
report identifying remaining discriminatory laws to the Prime
Minister and that the Ministry of Women, Children and Social Welfare
has been directed to take immediate action, the Committee reiterates
the concern already expressed in the concluding comments on the
initial report that the State party has not taken sufficient action
to amend prevailing discriminatory laws.
19. The Committee urges the State party to expedite action and
to establish a specific timetable for amending discriminatory
laws without further delay in order to comply with its obligation
under article 2 of the Convention.
20. The Committee expresses concern that the Constitution, in
contradiction to article 9 of the Convention, precludes Nepalese
women from passing their nationality on to their children or to
a spouse of foreign nationality.
21. The Committee urges the State party to repeal or amend article
9 of the Constitution, which permits discrimination against women
in the area of citizenship.
22. While appreciating the work undertaken by the Ministry of
Women, Children and Social Welfare, the Committee expresses concern
that the national machinery for the advancement of women does
not have sufficient financial and human resources to effectively
promote the advancement of women and gender equality.
23. The Committee recommends that the State party strengthen the
existing national machinery for the advancement of women, including
by providing it with adequate financial and human resources.
24. The Committee expresses its concern about the internal armed
conflict that has continued in Nepal since 1996 and its impact
on women. It is also concerned about the dissolution of the House
of Representatives since May 2002, as this has, inter alia, an
adverse impact on the capacity of the State party to implement
the Convention, in particular in respect of the passage of legislation.
25. The Committee calls on the State party to ensure full and
equal participation of women in the process of conflict resolution
and peace-building. It urges the State party to allocate sufficient
resources to meet the needs of women who have suffered damage
as a result of the conflict and to ensure their security and protection
from violence. The Committee also calls on the State party to
ensure that legislative functions are not abandoned or neglected
to the detriment of women in the period until the House of Representatives
is reconvened. In this regard, it encourages the State party to
prepare a legislative agenda for action by Parliament.
26. While recognizing that education is a national priority of
the State party and that substantial progress has been made, including
a decline in the overall illiteracy rate, the Committee is concerned
about the continuing significant gap between the literacy rates
of women and men. It is concerned about the low female enrolment
in primary and secondary schools, high dropout rates and the very
limited access for women to tertiary education. The Committee
is also concerned that educational opportunities are fewer for
women in rural areas and women of different castes and ethnic
groups.
27. The Committee urges the State party to intensify its efforts
to address the literacy gap between men and women so that the
goals established in the National Plan of Action on Education
in regard to equality in education can be achieved, particularly
in rural areas and among disadvantaged castes and ethnic groups.
The Committee also recommends that the State party strengthen
its efforts to ensure equal access of girls and women to all levels
of education and to take all appropriate measures to prevent girls
from dropping out of school. The Committee calls on the State
party to allocate more financial and human resources to the education
sector, to recruit more women teachers and to ensure that school
textbooks do not carry stereotyped images of women.
28. The Committee is concerned at the persistence of discriminatory
cultural practices and stereotypes relating to the roles and responsibilities
of women and men in all areas of life, and by deep -rooted patriarchal
attitudes and conduct based on the assumed superiority of men
in the public and private spheres and the strong perception that
women are weak and vulnerable, which undermine women's social
status and are an obstacle to the implementation of the Convention.
The Committee expresses its particular concern at the situation
of widows who are often marginalized and vulnerable to violence
and economic deprivation as a result of entrenched mindsets.
29. The Committee urges the State party to intensify its efforts
to eliminate discriminatory cultural practices and stereotypes.
It also urges the State party to encourage men to share family
responsibilities and direct its awarenessraising programmes to
men as well as women, and to take action to change stereotypical
attitudes and perceptions as to men's and women's roles and responsibilities.
It recommends that the media be encouraged to project a positive
image of women and of the equal status and responsibilities of
women and men both in the private and public spheres. The Committee
requests the State party to adopt measures to ensure that widows
are able to enjoy their human rights and to improve their situation,
including through job training, loan opportunities and counselling
services and sensitization programmes aimed at ending stigmatization
of widows within the family and in the community.
30. The Committee is concerned at the continued existence of child
marriage and polygamy and other practices, including the institution
of dowry, deuki (dedicating girls to a god and goddess), jhuma
(in some communities, second sisters remain unmarried and spend
their life in monasteries), kumari pratha (having a girl child
as living goddess) and badi (ethnic practice of prostitution among
young girls), that are contrary to the Convention and constitute
discrimination against women. The Committee is also concerned
that the enactment of the draft bill on domestic violence has
been delayed.
31. The Committee recommends action without delay by the State
party to enforce its marriage laws, particularly as they relate
to the prohibition of child marriage and polygamy in light of
general recommendation 21 on equality in marriage and family relations,
and urges the State party to take steps to abolish other harmful
and discriminatory traditional practices, such as dowry, deuki,
jhuma, kumari pratha and badi. The Committee also recommends that
the State party take comprehensive and effective measures, including
the training of the judiciary and law enforcement officials and
public awarenessraising campaigns aimed at eliminating these practices.
The Committee requests the State party to adopt immediately measures
on domestic violence and to provide in its next report information
about progress in relation to the draft bill on domestic violence.
32. Recognizing the efforts made by the State party to address
the issue of trafficking in women and girls, the Committee remains
concerned about the continuing prevalence of this problem in Nepal.
It is also concerned about the large discrepancy between reported
instances of trafficking and the actual number of cases brought
to court. It is further concerned that the enactment of the amendment
to the Human Trafficking (Control) Act has been delayed.
33. The Committee urges the State party to intensify its efforts
to address trafficking in women and girls. It recommends that
its anti -trafficking strategy should include measures of prevention,
the prosecution and punishment of perpetrators and increased international,
regional and bilateral cooperation. The Committee requests the
State party to provide in its next report information about the
legal and actual situation with respect to trafficking in women
and girls.
34. The Committee is concerned at the status of women's health,
particularly rural women. The Committee is concerned that women
have a lower life expectancy than men and that there are high
maternal and infant mortality rates. It is also concerned that
women's health is adversely affected by factors such as early
marriage and early pregnancy, inadequate family planning services
and illiteracy, which is an obstacle to obtaining and effectively
using health -related information. It is further concerned at
the lack of research on women's health and data disaggregated
by sex.
35. The Committee recommends that the State party take further
measures to improve women's access, particularly rural women,
to health-related services and information, including in regard
to sexual and reproductive health, in an effort to reduce maternal
mortality. It also recommends that programmes and policies be
adopted to increase knowledge of and access to contraceptive methods,
taking into account that family planning should be the responsibility
of both partners. It further recommends that sex education be
widely promoted, particularly targeting boys and girls, with special
attention to the prevention and further control of sexually transmitted
diseases and HIV/AIDS. The Committee requests the State party
to conduct research on women's health and to provide sex disaggregated
data on access to health in its next report.
36. While noting the five per cent constitutional minimum for
the fielding of women candidates for elections by political parties,
the Committee is concerned at the very poor representation of
women in decision-making positions in the political and administrative
spheres. It is also concerned at the very low numbers of women
within the judiciary as well as the nominal participation of women
at the international level.
37. The Committee recommends that the State party intensify its
efforts to encourage women to take up leadership positions through
temporary special measures, including timetables and numerical
targets, in accordance with article 4, paragraph 1, of the Convention.
The Committee also recommends that the State party undertake awareness-raising
campaigns on the importance of women's participation in decision-making.
38. The Committee is concerned that women's access to land is
still more limited than that of men.
39. The Committee requests the State party to take appropriate
measures to eliminate all forms of discrimination against women
with respect to access to land.
40. The Committee is concerned at the lack of information in the
report about refugee women in camps in Nepal. In particular, it
is concerned that women may be denied the possibility of applying
for refugee status as individuals in their own right. The Committee
is also concerned
at information about inadequate protection and redress from gender-based
violence in refugee camps.
41. The Committee requests the State party to provide in its next
report comprehensive information on the situation of refugee women
in Nepalese camps, including in respect of the registration process
for refugees and the means used to protect refugee women from
gender-based violence and the avenues available for redress and
rehabilitation.
42. The Committee regrets that the report provides insufficient
statistics and sex disaggregated data, in particular detailed
information on the scope of the programmes and the impact of the
measures undertaken by the State party to eliminate discrimination
against women.
43. The Committee recommends that the State party's next report
contain more specific and analytical information on the situation
of women, supported by sex-disaggregated data that describes the
results achieved.
44. The Committee urges the State party to ratify the Optional
Protocol to the Convention and to deposit as soon as possible
its instrument of acceptance of the amendment to article 20, paragraph
1, of the Convention on the meeting time of the Committee.
45. The Committee requests the State party to respond to the concerns
expressed in the present concluding comments in its next report
under article 18 of the Convention. The Committee invites the
State party to submit its fourth periodic report, which is due
in 2004, and its fifth periodic report, due in 2008, in a combined
report in 2008.
46. Taking account of the gender dimensions of declarations, programmes
and platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference on Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing), the Committee requests the State party to include
information on the implementation of aspects of these documents
relating to relevant articles of the Convention in its next periodic
report.
47. The Committee requests the wide dissemination in Nepal of
the present concluding comments in order to make the people of
Nepal, and particularly government administrators and politicians,
aware of the steps that have been taken to ensure de jure and
de facto equality for women and the future steps required in that
regard. It also requests the State party to continue to disseminate
widely, in particular to women's and human rights organizations,
the Convention and its Optional Protocol, the Committee's general
recommendations and the Beijing Declaration and Platform for Action,
as well as the results of the twenty-third special session of
the General Assembly, entitled "Women 2000: gender equality,
development and peace for the twenty first century".
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