universal periodic review - Office of the Prime Minister and Council

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UNIVERSAL
PERIODIC
REVIEW
[National Report of Nepal Submitted in Accordance with Paragraph 15(A) of the
Annex to the Human Rights Council Resolution 5/1]
UPR Report : Its Recommendations, Action Plan
and Implementation Status
Government of Nepal
Office of the Prime Minister and Council of Ministers
Singhdurbar, Kathmandu
July 2012
Published by
Office of the Prime Minister and Council of Ministers
Singhdurbar, Kathmandu, Nepal
Date of Publication
July 2012
Number of published copies
500
Chief Coordinator
Chief Secretary Mr. Leela Mani Paudyal
Coordinator
Acting Secretary Mr. Rajuman Singh Malla
Joint Coordinator
Joint Secretary Mr. Ramesh Dhakal
Deputy Coordinator
Under Secretary Mr. Kesab Prasad Bastola
Assistant Coordinator and Computer Setting
Section Officer Mr. Jhaindra Prasad Guragain
Forward
The Universal Periodic Review "has great potential to
promote and protect human rights in the darkest corners
of the world.”
– Ban Ki-moon, UN Secretary-General
The Universal Periodic Review (UPR) is a new process under the UN human rights mechanisms
that involves a review of the human rights situations of the UN Member States in every four
years. The Human Rights Council is playing a leading role under the UPR process, which
provides opportunity to the Member States to state actions that have taken to improve the human
rights situations and to fulfill human rights obligations in respective country. The UPR mechanism was created along with the establishment of the Human Rights Council
by the UN General Assembly on 15 March 2006. It is a cooperative process where the Council
reminds Member States to their responsibility to fully respect and implement all human rights
and fundamental freedoms. The ultimate aim of this new UN mechanism is to improve the
human rights situation in the country and address human rights violations if they occur.
Nepal submitted its first UPR Report to the Human Rights Council on 25 January 2011. The
report was adopted by the Council on 27 January 2011 and recommended the Government of
Nepal (GoN) to implement recommendations made by 56 Member States. Nepal also submitted
additional report to the Council on 7 June 2011 explaining the process for implementation of the
UPR recommendations. GoN has adopted and enforced an Action Plan on the implementation
those recommendations. The Action Plan outlines requisite measures to implement the
recommendations, with specification of responsible bodies and assisting bodies, and the
expected time-frame. Various Government Ministries and Agencies are implementing the said
plan of action.
Now, GoN is publishing a compilation that contains the first UPR report and additional report
submitted by Nepal to the Human Rights Council and the plan of action developed by Nepal to
implement the UPR recommendations along with a brief description of the progress made so far.
GoN is hopeful that this publication will help the readers to understand the Nepal's UPR Report
and status of implementation of recommendations made by Member States during the process
of UPR in 2011.
- Office of the Prime Minister and Council of Ministers
Contents
S.N. Title
Page No.
1.
Universal Periodic Review
7
I
Introduction
7
II
Methodology and Consultation Process
7
III
Background 7
IV
Normative and Institutional Framework
8
V
Promotion and Protection of Human Rights on the Ground
15
VI
Achievements, Best Practices, Challenges and Constraints
22
VII
Key National Priorities, Initiatives and Commitments
26
VIII
Capacity Building and Technical Assistance
27
UPR Report in Nepali Version
2.
29
Nepal's Draft report of the Working Group on the Universal Periodic Review
Introduction
55
I Summary of the proceedings of the review process
55
A.
Presentation by the State under review
55
B.
Interactive dialogue and responses by the State under review
57
II
Conclusions and/or recommendations
66
III
Voluntary pledges and commitments
78
Annex : Composition of the delegation
78
3. Additional Report on UPR
79
4. Action Plan on Implementation of UPR Recommendations
84
5. Status of Implementation of UPR Recommendations
114
UNIVERSAL PERIODIC REVIEW | 7
Universal Periodic Review
(National Report of Nepal Submitted in Accordance with Paragraph 15(A) of the Annex
to the Human Rights Council Resolution 5/1)
I. INTRODUCTION
1.
Nepal is undergoing a profound socio-economic and political transformation within an
overall framework of democratic polity following the peaceful People’s Movement in April
2006. The mandate of the Movement was for peace, change, stability, establishment of
the competitive multiparty democratic system of governance, rule of law, promotion and
protection of human rights of people, full press freedom, and independent judiciary based
on democratic values and norms. Human rights remain at the center of the peace process
which in turn stands anchored in the principles of democracy, access, equity, inclusion
and participation. The decision of the democratically elected Constituent Assembly (the
"CA") to declare Nepal as a Federal Democratic Republic on 28 May 2008 represents
a rare peaceful transformation in the contemporary history. The transformation process
firmly establishes the political, economic, cultural and social rights of the people as the
bedrock of Nepal’s democratic process. People have come to the center stage from the
periphery, exclusion, and disadvantaged zone. They now participate in decisions that
shape their destiny. Nepal is presently engaged in building national democratic institutions
to consolidate democratic gains, expedite the process of socio-economic transformation,
and take the peace process to meaningful conclusion including the framing of a democratic
constitution by the CA.
II. METHODOLOGY AND CONSULTATION PROCESS
2.
A committee was formed by the Office of the Prime Minister and Council of Ministers
(OPMCM), Government of Nepal (GON), with cross sectoral representation to prepare
the National Report for the Universal Periodic Review (UPR). The committee conducted
comprehensive inter-ministerial interactions on various aspects of UPR, and held
extensive discussions and dialogue with governmental institutions, national human rights
institutions including the National Human Rights Commission (NHRC), National Women
Commission (NWC), National Foundation for Development of Indigenous Nationalities
(NFDIN), and National Dalit Commission (NDC), and with various civil society actors
including the media and non-governmental organizations (NGOs). Various regional level
interaction programs were also held for deliberation on the contents of the Report.
III. BACKGROUND
3.
Situated in South Asia between the Republic of India and the People's Republic of China,
Nepal is a land-locked state, with an area of 147,181 square kilometers. Its population
is 23,151,423, with annual growth rate of 2.25 percent. Senior citizens above 60 years
account for about 6.5 percent, children below 16 years, 40.93 percent, and women, 51
percent.
8 | UNIVERSAL PERIODIC REVIEW
4.
Ethnic, cultural and linguistic diversity is the most characteristic feature of Nepal as a nation.
Around ninety two languages are spoken as mother tongues. The Nepali language is the
official language. Currently, 59 groups are recognized as indigenous/ethnic nationalities
(Aadivasi Janajati), accounting for 37.2 percent of the population.
5.
Nepal endured a decade-long armed conflict from 1996 until 2006. On 21 November
2006, the conflict officially came to an end with the signing of the Comprehensive Peace
Accord (CPA). The Interim Constitution of Nepal (the Constitution), promulgated on 15
January 2007, created an interim Legislature-Parliament and provided for a transitional
government. The United Nations Mission in Nepal was established, vide Resolution
1740 (2007) of the UN Security Council, with the mandate to support the peace process.
Election to the CA1 was held on 10 April 2008. Almost a third of its members (33.23 percent)
are women and a record number of Dalits and people from various nationalities have been
elected, making the CA the most reflective and inclusive of Nepal's social diversity in its history.
The CA remains primarily engaged in the process of framing a democratic constitution and
also serves as the Legislature-Parliament.
IV. NORMATIVE AND INSTITUTIONAL FRAMEWORK
6.
The normative and institutional frameworks for the protection and promotion of human
rights in Nepal are set out in the Constitution, relevant laws, policies, and judicial
decisions.
A. Normative Framework
1. The Constitution
7.
The Constitution is the fundamental law. It keeps democracy, peace, prosperity, progressive
economic-social changes and sovereignty, integrity, independence and dignity of the
country as the central concern and provides a political system that fully upholds, inter
alia, the universally recognized basic human rights and establishes rights of all citizens
to education, health, housing, employment and food sovereignty. Its cardinal focus is on
social and ethnic inclusion, constructive recognition of diversity and attainment of social
justice through inclusive, democratic and progressive restructuring of the state.
8. The Constitution with a comprehensive catalogue of fundamental rights is the basic source
of human rights. It incorporates almost all the rights set forth in the Universal Declaration
of Human Rights (UDHR) and the rights and obligations enshrined in human rights
instruments to which Nepal is a party. Concretely, it provides for twenty-one different
rights as fundamental rights2 including those enshrined in the International Covenant on
Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and
Cultural Rights (ICESCR).
9.
A number of economic, social and cultural rights are also inscribed in the Directive
Principles and State Policies, which include provisions for positive discrimination,
reservations and other forms of special support for vulnerable or marginalized groups
or communities in connection with education, health, housing, food sovereignty and
employment, for their empowerment, protection and development.
10.
A range of rights are recognized as absolute and non-derogable, which cannot be suspended
even in the state of emergency. These rights include: the rights to life, equality, personal
liberty, justice, social justice, environment, health, education and culture, employment
and social security, labor, religion, freedoms to form political parties and associations,
rights of the child and women, rights against torture, exploitation, exile, untouchability,
racial discrimination and closure or seizure of media or press, and right to constitutional
remedies and the remedy of habeas corpus. The Supreme Court has extra-ordinary powers
to issue necessary and appropriate writs to enforce such rights or settle the dispute. A
person is entitled to obtain compensation for any damage inflicted on that person from
any act done in contravention of law or in bad faith during emergency.
2. Laws
11. The Civil Liberties Act, 1954 and the Muluki Ain (General Code), 1963 are important
general laws. The Civil Liberties Act guarantees various civil and political rights, including
equality before law and equal protection of law, as well as right against discrimination on
grounds of religion, race, sex or otherwise. The Muluki Ain is a general law for both civil
and criminal matters. It has repealed the traditional caste system and also attempted to end
caste-based discrimination by eliminating untouchability and caste hierarchy. The 11th and
12th Amendments have made reforms in the existing provisions particularly on property,
marriage, divorce and abortion in compliance with major instruments on women’s rights.
12. The GON is currently drafting civil code, penal code, sentencing legislation and civil
and criminal procedure codes, which will, upon promulgation, codify relevant laws, and
abolish a range of laws and practices that are still perceived to be discriminatory.
13.
Specific laws have been enacted to protect and promote other specific rights, for example,
the rights of the child, women’s rights, right against torture and rights of persons with
disabilities (PWDs).3
3. Policies
14.
Nepal has pursued separate policies and programs on human rights, with special focus on
social inclusion of the marginalized or vulnerable groups or communities. The Three-Year
Interim Plan, 2007/08-2009/10 (the TYIP) has set Nepal's long-term vision on poverty
alleviation and human rights as to build an inclusive, just, democratic and prosperous
nation based on human rights culture. The human rights policies aim to ensure human rights
for all, by creating a favorable environment for all to live with human dignity, developing
human rights culture, alleviating poverty and ending all forms of discrimination, violence
and exploitation.
15. Major strategies pursued by Nepal include incorporating the issues of human rights in
all sectoral development policies and plans, implementing special programs for targeted
groups to promote human rights, enhancing the capacity of national human rights
institutions, and making social service delivery easily accessible and effective through
comprehensive programs on human rights education and good governance.
16.
Also in pursuance of the Vienna Declaration and Program of Action 1993, Nepal has been
implementing a periodic national human rights action plan, formulated in collaboration
with the civil society. It has developed collective ownership for the promotion of human
rights through integration of human rights programs into development plans.
4. National Jurisprudence
(a) Domestication of International Law
17. The Nepal Treaties Act, 1990 provides that any provision of law that is inconsistent with
a treaty ratified by Parliament is, for the purposes of that treaty, invalid to the extent of
inconsistency, and the treaty applies.
(b) Rulings and Principles Laid Down by Judiciary
18. The Constitution recognizes the judiciary as one of the three pillars of the state. The
Constitution specifies its powers, lays down a framework for its independence, and
determines its basic features. It provides for structure of courts in a three-tier hierarchySupreme Court (the SC), Appellate Courts and District Courts. There are over 100 judicial
bodies including regular courts, special courts and tribunals.
19.
The Constitutional Council is a mechanism to recommend also for the appointment of the
Chief Justice of the SC, while the Judicial Council is to make recommendation and advice
on the appointment of, transfer of, disciplinary action against, and dismissal of, judges
and other matters of the district courts and appellate courts, and the appointment of other
justices of the SC.
20. The SC has played a lead role in promoting and protecting human rights through its
various judgments. The principles and rulings laid down in such judgments, made in
relation to a wide array of human rights including economic, social and cultural rights and
the rights of the child and women, portray the human rights jurisprudence developed by
the SC. The SC declared ultra vires many legal provisions relating to facilities in prisons,
equality and non-discrimination. In a range of areas such as women's rights over parental
property, rights against sexual harassment and marital rape, it has issued directive orders
for formulating necessary enabling laws or streamlining laws to tune them with the
constitutionally guaranteed rights.
21. The SC has also developed advanced public interest litigation (PIL) regime for the
protection and promotion of public interest, enabling the public to seek redress against
violations of human rights. An enormous wealth of jurisprudence has evolved on issues
such as prisoner’s rights, bonded labor, right to clean environment and custodial violence,
among others.
22. The judiciary has adopted and enforced a strategic plan since 2004 in order to execute
judicial reforms. The vision of the Judiciary is to maintain independent and efficient
system of justice so as to ensure justice for all and through promotion of human rights, and
independent and efficient system of justice. Its mission is to discharge fair and impartial
justice in accordance with law and recognized principles of justice. Judicial reforms also
focus on alternative dispute resolution mechanism as a vehicle for decentralization of
justice and involvement of people in dispute resolution. Besides, Nepal is in the process
of enacting umbrella legislation on mediation.
B. National Institutional Framework
1. National Human Rights Institutions
23. The NHRC was established in 2000 as an independent statutory body.4 The Constitution
has upgraded it into a constitutional body consisting of one chairperson and four other
members appointed for a six-year term, and the formation and mandate of which is in
full conformity with the Paris Principles. In the appointments of the members of the
NHRC, diversity and inclusion of women have been maintained. The NHRC Act defines
"human rights" as the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the treaties joined by Nepal. The NHRC is
to ensure respect for protection and promotion of human rights, including their effective
implementation. To this end, it can exercise a wide array of investigatory, supervisory,
directive and recommendatory powers. Importantly, it can record any official or body
defying its recommendation or direction as a violator of human rights, and issue an
order for the provision of compensation to the victims. A bill to implement constitutional
provisions on NHRC is being considered by the Legislature-Parliament.
24.
The NFDIN was established as an autonomous statutory body, by the National Foundation
for Development of Indigenous Nationalities Act, 2002, with the main objective of ensuring
the overall welfare of the indigenous nationalities. Various provisions in the Constitution
have boosted up the NFDIN in empowering the indigenous/ethnic nationalities for
protection and promotion of their religious, linguistic, cultural and political rights.
25. The NWC was established as an autonomous statutory body, by the National Women
Commission Act, 2007, for the protection and promotion of the rights and interests
of women, including their effective inclusion in the development mainstream. It has
recommendatory and investigatory powers. It consists of one chairperson and four
members appointed by the GON, having due regard to inclusion from the minority
communities.
26. The NDC was formed by an executive order of 2002, with primary objective to protect
and promote the rights of the Dalit community and assist the GON in Dalit upliftment
programs. It has carried out various important activities, including preparation of required
legal measures, working plans, publication and dissemination of various literatures
on Dalits. It has been implementing a Five-year Strategic Plan focusing on overall
empowerment and political participation of Dalits, cultural vigilance and legal reforms.
2. Office of the Attorney General
27. The Attorney General represents the GON in all courts. On a petition or receipt of
information that any person in custody is treated inhumanely or disallowed to meet his or
her relative or legal practitioner, the Attorney General can inquire into the matter and give
necessary directive to the concerned authority to prevent such act.
3.
Human Rights Committee in Legislature-Parliament
28. The International Relations and Human Rights Committee of the Legislature-Parliament
gives necessary direction and suggestion to the GON, and evaluates and monitors
governmental activities on human rights. It considers and deliberates on annual reports of
the NHRC and the Attorney General, and reports to the House of Legislature-Parliament
indicating whether desirable progress has been made, whether violators of human rights
have been brought to justice, whether status of implementation of human rights treaties
joined by Nepal is satisfactory and what sorts of policies need to be implemented in this
field.
4. National Information Commission (NIC)
29. The NIC is a statutory body established under the Right to Information Act, 2007. It
hears appeals against decisions by public bodies in relation to citizens' demand to have
access to information in such bodies. It is empowered to provide effective remedies
on the enforcement of the right to information, by also ordering for making reasonable
compensation to the aggrieved party and taking departmental action against the defaulter.
5. Government Institutions
30. The OPMCM is the lead government agency responsible for the promotion and
coordination of human rights related activities, including governance reform and effective
implementation of relevant human rights treaties. It is also a liaison institution for NHRC
and Office of the High Commissioner for Human Rights (OHCHR), among others. It
coordinates and harmonizes human rights related matters with various line agencies.
31. The Ministry of Peace and Reconstruction (MOPR) has supported initiatives for
constructive conflict management, promotion of participation of all spheres of society in
the peace process, forging international support to sustain the peace process and ensure
transitional justice to conflict victims. The MOPR has reconstructed 1,411 out of the 5,560
infrastructures damaged due to conflict, provided financial assistance to the families of
14,064 out of 16,729 deceased, distributed reliefs to 25,000 out of 78,689 internally
displaced persons, reliefs to 1,179 out of 1,327 disappeared persons, and subsistence
allowance to 23 persons injured in the People’s Movement. Bills on the constitution of
two high level commissions on truth and reconciliation and disappearance are being
considered by the Legislature-Parliament.
32. The Ministry of Women, Children and Social Welfare (MWCSW) is responsible for the
formulation, implementation, monitoring and evaluation of policies, plans and programs
on women, children and social welfare, and also for the protection and security of orphans,
helpless children, women, senior citizens, persons with disabilities. It mobilizes and
coordinates with national and international NGOs in their activities within its purview.
A national CEDAW committee is putting in place necessary measures to effectively
implement the CEDAW. The MWCSW prepared a strategic document on gender and
social inclusion in 2006, which has been instrumental in mainstreaming gender and
promoting equality at the national level organizations.
33. The Ministry of Law and Justice (MOLJ) is the sole governmental agency responsible for
drafting legislation, and reviewing and reforming legal system, administration of justice
and judicial system. It also provides legal opinions to other line ministries on joining
international treaties, acquisition of membership of international organizations and
international legal obligations.
34. The Ministry of Home Affairs (MOHA) is basically responsible for the maintenance and
enforcement of law and order. It is executing a Special Program for Effectiveness of Peace
and Security, End to Impunity and Defending Human Rights, 2009 accompanied by a code
of conduct founded on the norms of human rights, for security personnel and employees
involved in the enforcement of this Program. It operates the institutions of Nepal Police,
Armed Police Force and National Intelligence Department. Both Nepal Police and Armed
Police Force have central human rights units, and human rights cells at their regional and
local level offices. The contents of human rights are included in training manuals for police
employees at all levels. These institutions have mechanisms to examine petitions against
police employees for human rights violations and publish the results of such examination.
35.
The Ministry of Foreign Affairs (MOFA) seeks to ensure that the overall commitments and
obligations of Nepal under relevant treaties are met to the best of ability in coordination
with different government organs and other relevant agencies. In addition to being actively
engaged in preparation of reports to be submitted by Nepal to various human rights treaty
bodies, the MOFA also performs the coordinative and liaison roles.
36. The Ministry of Defence (MOD) has a lead role in framing necessary defence policies,
legislations, and managing the institution of Nepal Army. It has adopted a range of
measures to ensure civilian authority over, and inclusiveness of, army, and training of
armed forces in accordance with the norms and values of human rights.
37.
The Nepal Army (NA) established a Human Rights Directorate in 2006, with basic mandate
to impart knowledge to the armed forces about human rights and enable them to fully carry
out commitments on human rights. Moreover, there is a human rights division in each
Regional Headquarters and human rights sections at the Brigade level, and this provision
is planned to be extended up to the operational level. The NA has been incorporating
human rights and international humanitarian law (IHL) package in all trainings (basic,
career and special curricula) conducted within it. A separate training package, inter alia,
is also conducted at various locations of Division Headquarters and Brigade Headquarters
periodically. In the period between 2006 and 2009, a total of 37,354 persons were given
human rights and IHL package, sensitizing all staff in basic norms. Under the Military
Act, 2007, an investigation committee has been formed to investigate into allegations of
corruption, theft, torture and disappearance and file cases in the military special court.
6. Anti corruption bodies
38. Cognizant of the fact that corruption is a great threat to good governance and development
efforts, a number of anti corruption bodies have been established with varying, yet
complementing, scope and nature of mandate. The Commission for the Investigation of the
Abuse of Authority (CIAA) is a constitutional body mandated to investigate and prosecute
the cases of corruption and improper conduct. Likewise, the National Vigilance Centre,
the Special Court, Office of the Attorney General, Judicial Council, Revenue Investigation
Department, Central Arrears Collection Office, Parliamentary Committees and the Office
of the Auditor General serve the various functions of ombudsmen against corruption.
7. The Media
39.
Media exercise full freedom of expression. The GON firmly believes that a fully responsible
media is the nerve of any democratic polity. A good number of daily newspapers, weeklies,
fortnightlies and monthlies in English and vernacular languages are being published.
There is also a remarkable growth of private satellite TV channels, radios and print media.
The media is active in disseminating information on various issues of national importance
such as human rights, development and good governance, with the fundamental aim of
generating dialogue and consensus on such issues.
8. Civil Society
40. The civil society has also evolved as a vibrant institution significantly contributing to the
establishment of a sound democratic system. Voluntary action by citizens, in particular the
PIL, has played a supportive role in safeguarding human rights. Such action is reinforced by
the NGOs and CBOs through their diverse programs including awareness raising, income
generation, access to justice, environment conservation and participation in development
process. Nepal has a strong tradition of NGOs and CBOs.
C. Scope of International Obligations
41. Nepal strongly upholds the rights set forth in the UDHR and principles enunciated in
the UN Charter. Nepal is also a party to almost all core universal human rights treaties5,
eleven ILO conventions,6 and many other human rights related treaties.7 It is also a
party to the Four Geneva Conventions of 1949. It ratified the SAARC Convention on
Regional Arrangements for the Promotion of Child Welfare in South Asia, 2002 and
SAARC Convention on Preventing and Combating Trafficking in Women and Children for
Prostitution, 2002.
42. Nepal is committed to make the Human Rights Council a strong and effective body. It
has extended exemplary cooperation to all mechanisms of the UN, including the Human
Rights Council. It continues to remain constructively engaged with the Office of the United
Nations High Commissioner for Human Rights (OHCHR), which maintains a country
office in Nepal since 2005. The Agreement between the GON and the OHCHR was
revised in June last to reflect democratic changes and respect constitutional provisions.
43.
At the invitation of the GON, various special procedures, mandate holders visited Nepal,
namely, the Working Group on Arbitrary Detention in 1996, the Special Rapporteur on
extra-judicial, summary or arbitrary executions in 2000, the Working Group on Enforced
or Involuntary Disappearances in 2004, the Representative of the Secretary General on the
human rights of internally displaced persons in 2005, Special Rapporteur on the question
of torture in 2005, Special Rapporteur on the Situation of Human Rights and Fundamental
Freedoms of Indigenous Peoples in 2008, and Special Representative of the Secretary
General for Children and Armed Conflict in 2008 and 2009.
V. PROMOTION AND PROTECTION OF HUMAN RIGHTS ON THE GROUND
A. Civil and Political Rights
44. The Constitution serves as a shield against any infringement of civil and political rights.
Most of the rights guaranteed by the ICCPR have been recognized as fundamental rights.8
The Constitution confers on every person the right to life with dignity and liberty, and
the right against death penalty. This right is essentially the foundation of human rights
jurisprudence in Nepal. The Constitution sets the objective of the State as to maintain
peace and order, protect and promote human rights, promote public welfare in the
society, and create opportunities for maximum public participation in the governance,
and the political objective as to build prosperous and affluent Nepal by institutionalizing
democracy.
45. A specific legislation, the Press and Publication Act, 1992 is designed to safeguard the
freedom of opinion and expression. The Right to Information Act, 2007 has further
reinforced Nepal's commitment to promote freedom of information and the right of access
to information.
B. Right against Torture
46.
Nepal is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT). The Constitution recognizes the right against torture as a
fundamental right. Any form of physical or mental torture or cruel, inhuman or degrading
treatment for any reason is prohibited, and legally punishable. A victim of torture is entitled
to compensation as specified by law. The Torture Related Compensation Act, 1996, is a
special legislation in this respect. A bill to criminalize the act of torture is being considered
by the GON.
47.
The GON views any alleged acts relating to torture in any part of the country with serious
concern. It has carried out investigations of allegations of such acts. Necessary punitive
measures have been taken subject to law against those found indulged in such act. The
GON is seriously considering the recommendations made by the Special Rapporteur on
Torture for making necessary legal reforms.
C. Economic, Social and Cultural Rights
48.
Nepal is a party to the ICESCR, and reaffirms that all human rights are universal, indivisible
and interdependent. A range of economic and social measures, including the provision of
basic food, health service, educational facilities, housing and other essential services have
been adopted, in order to ensure a high quality of life for its people. The GON believes
that the progressive realization of economic, social and cultural rights is largely dependent
on the availability of requisite infrastructures and resources at the domestic level as well
as on positive international cooperation and technical assistance.
1. Economic Development and Poverty Alleviation
49. Poverty alleviation has been a major priority of successive governments in Nepal.
Development plans have strived to reduce poverty and achieve wider economic
growth. Currently, the economic growth rate is 3.4 percent, which is a reflection of
existing problems including unemployment, poverty and increasing income disparity. In
order to address this situation, the GON has strived to achieve the state's fundamental
economic objective of transforming national economy into an independent, self-reliant
and progressive economy, also through equitable distribution of economic gains based
on social justice and elimination of economic inequalities. The GON is determined to
attain the MDG goals. It implemented the Poverty Reduction Strategy Paper (2002-2007)
focusing on, inter alia, structural reforms, broad-based economic growth and social
inclusion through participation and empowerment of the marginalized or vulnerable
groups and communities.
50. Consequently, Nepal has achieved a significant progress in poverty alleviation. The
absolute poverty has gone down from 42 percent in 2000 to 31.4 percent in 2005 and
further down to 25.4 percent in 2009. In keeping with this achievement, the GON is
further streamlining its measures to narrow down the gap between the rich and the poor.
2. Right to Health
51. The Constitution has safeguarded the right to environment and health as a fundamental
right, entitling each person to live in a healthy environment. Each citizen has the right to
free basic health services from the state, as provided in law. The GON recognizes that the
enjoyment of right to health is intrinsic to the dignity of human being. The national health
policy adopted by Nepal since the 1990s is governed by a commitment to provide free
essential health service to all. The GON is implementing the Second Long-Term Health
Plan 1997-2017 and other population and sanitation related policies.
52.
The GON has implemented the free health service in primary health care institutions and
district hospitals. People have free access to 40, 33 and 23 kinds of medicines at district
hospitals, primary health centres and health posts, and sub-health posts, respectively.
Pregnant women are entitled to free maternity service at all governmental hospitals and
private hospitals making agreement with the Ministry of Health and Population (MOHP). A
transportation allowance is provided to those women who give birth at a health institution.
Moreover, the poor, indigent, disabled and women volunteers are entitled to free medical
service in entirety.
53.
The GON is making efforts to increase the rate of child immunization from the existing 83
percent to 100 percent. The achievement in the immunization service has been appreciated
by the international community and development partners. Nepal is committed to the
"health for all" as pledged in the Alma-Ata Declaration of 1978 and to the achievement
of MDGs by 2015. Significant achievements have been made in several areas. Maternal
mortality rate has gone down to 281, total fertility rate to 3.1, under five mortality rate to
61, and infant mortality rate to 48. The average life expectancy has gone up to 63.3 years.
The GON believes that it is on the right track to achieve health related MDGs.
3. Right to food
54. The Constitution recognizes food sovereignty as a fundamental right. The GON
recognizes that food security implies physical and economic access of each person each
day to adequate, hygienic and nutritional food, according to his or her requirement and
desire. Government policies in this sector focus on four basic aspects of food sovereignty:
availability of food, access to food, proper use of food, and food stability.
55.
In remote districts, the GON is making food available through the Nepal Food Corporation,
a government undertaking, and other means which include ‘Food for Work’ and ‘School
Feeding’ programs.
4. Right to Education
56. The Constitution safeguards the right to education and culture as a fundamental right.
Accordingly, every community has the right to basic education in its mother tongue, and
preserve and promote its language, script, culture, cultural civilization and heritage, and
every citizen to free education up to secondary level, as provided in law. The education
policy has been structured to achieve this fundamental right and directive of state policy,
and MDG 2 by 2015. The prevalent education policy aims at democratic, inclusive and
egalitarian quality education for all. The GON has made education free up to secondary
level. A bill to provide free and compulsory basic education is under consideration.
Communities are encouraged to get permission to run primary schools in their mother
tongue; and course-books have already been prepared in 16 mother tongues.
57.
The GON has implemented the School Sector Reform Plan (2009-2016). It restructures the
school education covering education from grade one to twelve, while specifying education
from grade one to eight as basic education, which is the basic right of the child. The
National Action Plan on Education for All (2001-2015) has identified goals of elementary
child education and development programs, based on four pillars, namely, survival,
development, protection and participation. The literacy rate of 6 plus year population is
63.7 percent. There are altogether 32,130 schools where 7,575,880 students are studying.
The net enrolment rate of primary level (grade 1-5) is 93.7 percent. Currently, a total of
29,089 early child development centres are engaged in imparting child education, of
which 24,773 are community-based and the rest are institutional school-based. The GON
has incorporated civic education and concepts of human rights into school curricula with
a view to promoting human dignity.
58. To ensure inclusiveness and gender mainstreaming in education, various programs have
been launched. These include reservation of 45 percent of scholarship for higher education
in medical sciences that are available to the GON for indigent students from community
schools and belonging to vulnerable groups, provision of scholarship to indigent girls in
Terai who wish to pursue technical education on auxiliary nurse midwifery; extension
of day nutrition program to 35 districts to mitigate drop-outs; provision of scholarship
to 50 percent girls at the primary level and to all school girl students in Karnali Zone;
allocation of quota for 40,000 girl students under annual 60,000 secondary education
scholarships; mandatory recruitment of women teachers in a specific ratio; and income
and skill generating trainings to women. A literacy campaign with the slogan of "let us
be literate and enhance capacity" is being launched with local level participation. Now,
women teachers account for more than 27 percent (42000) in community schools.
5. Right to Housing
59. The Constitution has adopted a policy of establishing the right of all citizens to housing,
and uplifting and providing shelter to marginalized communities through reservation, and
a policy of implementing a scientific land reforms program. The GON is implementing
the national housing policy, founded on the concept of "housing for all", and with the
objective of providing government support to low-income groups and ensuring planned
human settlement. The TYIP has committed to provide safe and affordable housing
facilities while promoting planned settlement.
60.
A series of programs have been adopted to ensure right to housing, which include housing
program targeted to low-income families, physical improvement of habitation of landless
squatters, rural housing development program, land and housing development program
and rehabilitation of displaced families.
61.
Soft interest housing loans are being provided through finance companies, revolving funds
and income-generating funds to the backward families including women, Dalit, bonded
labourers and indigenous nationalities. Certain lands are being provided to freed bonded
labourers for housing purpose. A total of 4403-05-010 Bigaha of land has already been
provided to 21,639 families and a sum of 112 million 278 thousand rupees provided to
12,034 families for housing. Out of 27,570 emancipated bonded labours, 21,639 families
have already been rehabilitated, and the rest are in the process.
6. Right to Work and Just and Favorable Conditions of Work
62. The Constitution recognizes the right to employment and labor related rights as
fundamental rights. Each citizen is entitled to employment as provided in law, and each
worker and employee to appropriate labor exercise, form and join trade unions and
engage in collective bargaining, as provided in law. The State is obliged to pursue policies
designed to establish this right and provide employment to the labor force. Each person
has the right against exploitation, and against work contrary to his or her will and desire,
except in relation to compulsory service for public purposes.
63. The Labor and Employment Policy, 2006 is designed to provide productive, nondiscriminatory and decent work opportunities for citizens, through building and managing
a labor market that is contributive to national economy and competitive globally.
The Labour Act, 1991 and Regulation, 1993, Foreign Employment Act, 2007 and its
Regulation, 2007, Trade Union Act, 1992 and Regulation, 1993 are core legal measures
to institutionalize these rights as well as relevant ILO Conventions ratified by Nepal. There
are also specific laws to prohibit child labor. Provision of equal pay for equal work is in
place. The GON has specified minimum wages for workers and employees, including
agro labors. Inspection visit by factory inspectors is a mechanism to ensure compliance
with statutory provisions including occupational health and safety. A tripartite consultation
mechanism has been established, which makes suggestions in policy and legal reforms in
the field of labor and employment.
64. The GON has entered into bilateral labor agreements with some countries, which will
promote dignified and decent working environment in relation to foreign employment.
The GON has also implemented provisions of labor desks, insurance, orientation training,
inquiry desk in the foreign employment department, examination and inquiry into
complaints in relation to foreign employment so as to promote the right to safe migration.
D. Women's Rights
65. Nepal is a party to the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and its Optional Protocol. It maintains that implementation of
the Security Council Resolution 1325 (2000) on Women, Peace and Security, is highly
important. A separate action plan is being prepared to forge participation of women in
conflict resolution and other activities.
66. Nepal has identified gender mainstreaming, inclusion and equality as a priority in its
national development plan. Policy and legal reforms, leadership development, social
rehabilitation of women affected by the conflict, legal aid, gender awareness and advocacy
are some important activities being carried out to this end. The TYIP sets the target of 33
percent women's participation in overall state machinery. Under the Women Development
Program, women have been united against domestic violence and human trafficking, and
involved in entrepreneurship and skill development income generation related activities
by means of revolving fund operation. Women’s cooperatives have become an effective
vehicle for uniting women engaged in unorganized sectors, and conducting campaigns
against various malpractices. Since 2002, the Gender Responsive Budget Initiative has
been implemented. The allocation of gender budget in the current fiscal year is 17.3
percent.
67. The National Plans of Action on CEDAW and Beijing Platform of Action framed in
2004 are being practically implemented. The GON has adopted temporary and special
measures for full development and advancement of women. More than 150 laws provide
for affirmative provisions for women in education, health and employment, and strive to
secure gender justice.
68. The Human Trafficking and Transportation (Control) Act, 2007 and its Regulation, 2008,
which cover both cross border and internal trafficking for any purpose, are a strong law to
address the issue of trafficking in person. It also incorporates important provisions to provide
justice to the victims, including compensation, in-camera hearing and establishment of a
rehabilitation fund. The Domestic Violence (Crime and Punishment) Act, 2009 aims to
end domestic violence which is in its implementation.
69.
In pursuance of the recommendations of the CEDAW Committee, 65 discriminatory legal
provisions have already been eliminated. A law review committee under the MWCSW is
working out toward further elimination of laws perceived to be still discriminatory.
E. Rights of the Child
70. Nepal is party to the Convention on the Rights of the Child (CRC) and both of its
Optional Protocols. The Constitution protects children's right as a fundamental right and
incorporates: right to identity and name; right to nurture, basic health and social security;
right against physical, mental or other form of exploitation; right of helpless, orphan,
mentally retarded, conflict victim, displaced, vulnerable and street children to special
facilities from the State; right of minors against their employment, engagement or use in a
factory, mine or similar other hazardous work or in army, police or conflict.
71. The TYIP aims to abolish all forms of exploitation, abuse, violence and discrimination
against children through promotion of child-friendly environment for the physical,
emotional, mental and intellectual development of, and protection of the rights of, the
child. The GON has implemented a 10-year National Plan of Action (2004/05-2014/15),
covering areas of health, protecting children against abuse, exploitation and violence, and
combating HIV/AIDS.
72. Nepal has a comprehensive legal regime for the protection of the rights of the child. The
Act Relating to Children, 1992 incorporates almost all the rights of the child, defined
as one who is below 16, as enunciated in the CRC, and is based on a child friendly
approach. This Act as well as criminal justice system of Nepal is geared towards the
rehabilitation of child offenders, through various institutions including children reform
homes. Juvenile justice related regulation has prescribed child-friendly procedures to be
adopted while trying cases involving children. There are juvenile benches in 28 out of 75
district courts. Six courts are implementing the program for the improvement of legal and
institutional framework for the protection and promotion of the rights of the child, which
will be gradually extended to other courts.
73. The Child Labour (Prohibition and Regulation) Act, 1999 outlaws the engagement
of a child below 14 in work as a labourer and provides for a stringent punishment. A
committee of child labor prevention and a child labor prevention fund have also been
established under this Act. These measures are also in tune with the Worst Forms of Child
Labour Convention, 1999. Exploitation of children for pornography, sexual exploitation
and trafficking is strictly outlawed, in keeping with Nepal's commitment under the two
Protocols to the CRC.
74. The GON has adopted a zero-tolerance strategy in relation to child recruitment. Efforts
are directed to protect children and ensure that children recruited in armed conflict have
access to rehabilitation and reintegration measures. An exodus of 4,008 non-qualified
combatants, including 2,973 minors, has already been made from various cantonments,
and they have been integrated into society. The GON is preparing a national policy on
children associated with armed forces and armed groups.
F. Rights of Persons with Disabilities (PWDs)
75. Nepal has ratified the Convention on the Rights of PWDs. The GON has been enforcing
the National Policy and Plan of Action on Disabilities, 2006, in tune with the Extended
Decade Work Plan for Asia Pacific Region PWDs 2003-2012. Legislative reforms,
promotion of awareness on disability prevention, free education and medical care, family
and community based rehabilitation and employment are major areas of intervention.
Required resources are being channeled to the Local Bodies for the development and
empowerment of PWDs and their enhanced participation in development plans. The right
based and inclusive approach is the bedrock of the GON's policies and plans in this field.
Privileges in relation to education, health, skills-based training and transport services,
among others, are some examples of positive discrimination in favor of the PWDs. A
national coordination committee oversees and coordinates activities in this field, also in
collaboration with the civil society.
76.
The Protection and Welfare of Persons with Disability Act, 1983 and Regulation, 1994 are
major legal measures to give effect to the Convention. The GON is working out for timely
improvements in the policy and legal regimes in the field of rights of PWDs. It has also
framed building codes requiring public buildings to be PWD friendly.
G. Rights of Dalits
77.
Nepal is party to the Convention on the Elimination of Racial discrimination (CERD) and has
recognized Durban Declaration and Program of Action. The Constitution has recognized
the right against untouchability and racial discrimination on any ground as a fundamental
right. Any such discriminatory treatment is outlawed and also entails compensation to
the victim. A person has the right against deprivation of use of public facilities or access
to religious sites on ground of caste or race. Any act depriving any person of a particular
caste or tribe of services or facilities or reflecting any superiority or inferiority of persons
belonging to any caste or race or justifying social discrimination on ground of caste or race
is punishable.
H. Social Security of Senior Citizens and Other Vulnerable Groups
78. The Constitution has guaranteed the right of vulnerable groups to social security as a
fundamental right. The Act Relating to Senior Citizens, 2006 provides legal base to
various social security schemes for senior citizens. The GON has been providing a
monthly allowance to senior citizens above 70 years of age, with 65 years of age for those
in the Karnali Zone. Senior citizens above 75 years of age are entitled to free medical
treatment of severe diseases like heart, kidney and cancer.
79. A range of public service employment and labor related laws and policies provide
for social security measures including provisions of gratuity, pension and compulsory
provident fund for employees and workers, with special focus on those from vulnerable
or marginalized groups or communities.
I. ILO Convention 169 on Rights of Indigenous and Tribal Peoples
80. Nepal has ratified the ILO Convention 169. The GON is working out to adopt a national
action plan on its implementation to ensure indigenous peoples' effective and politically
meaningful participation in the decision-making process and equal representation in the
governance of the country.
VI. ACHIEVEMENTS, BEST PRACTICES, CHALLENGES AND CONSTRAINTS
A. Achievements
1. Holistic Approach to Human Rights
81.
Nepal has been able to adopt a holistic and multi-faceted approach for the protection and
promotion of human rights against the backdrop of its diverse social and cultural ethos,
development imperatives and over a decade long armed conflict, which has resulted in
the death of about 16,729 persons, displacement of about 78,689 persons, disappearance
of about 1,327 people, and devastation of public infrastructures valued at about 5 billion
Rupees.
82.
Peace, justice and democracy are indivisible and they never thrive in isolation from each
other. The signing of the CPA was demonstration of the commitment of all political parties
to establish a lasting peace premised on the value of democratic pluralism in the country,
and with pledge to protect and promote human rights under all circumstances. The
Constitution, incorporating the CPA as an integral part, has directed the State to provide
for economic, social and cultural justice through democratic, progressive and inclusive
restructuring of State.
2. Human Rights as an Overriding Issue
83. The issue of the protection and promotion of human rights has become an overriding
priority agenda of the GON in its governance system. The right-based approach has
gradually gained momentum in national policies, plans and laws; and all the relevant
stakeholders have been increasingly positive towards inclusion of human rights in national
plans and development process. Various national institutions importantly NHRC, NWC,
NFDIN and NDC are actively involved in the protection and promotion of human rights
for all, particularly those of marginalized groups. The GON values the feedback from the
non-governmental sector institutions on human rights situation.
3. Increased Level of Awareness about Human Rights
84. A great level of awareness about human rights has been attained. Now, a great majority
of people have broad awareness about the right-based approach and are able to argue
and advocate for their rights. Various sensitization programs have been instrumental in
bringing about behavioural change in governmental officials and security personnel.
4. Human Rights Policy Incorporated into Development Plans
85.
In pursuance of the state obligations in the field of human rights, the TYIP has committed
to ensure human rights guaranteed by the Constitution and international treaties
subscribed to by Nepal, and to support poverty alleviation. These commitments have
been implemented through a range of important measures, including harmonizing human
rights programs with national development programs, institutional strengthening of the
judicial system, and implementation of national human rights action plan. Similarly, with
wider participation of stakeholders, national plans of action in areas of education and
health, in women empowerment, in the rights and development of the child, the PWDs
and senior citizens are being implemented. Consequently, each government institution is
obliged to develop its policies, plans and programs guided by the right-based approach
and in consonance with the human rights action plan.
5. Engagement with International Mechanisms
86. In keeping with commitments made by it at times, Nepal has demonstrated a high level
of openness and transparency through constructive engagements with various UN human
rights mechanisms including treaty bodies and the special procedures mandate holders,
and maintained open and constructive dialogue with the OHCHR and other international
institutions.
6. Legislative Framework of Good Governance
87. In recognition of the fact that good governance is fundamental for the protection and
promotion of human rights, the Good Governance (Management and Operation) Act
and Regulation have been promulgated. A code of conduct for civil service employees
has also been implemented under this legislation. Enactment of Money Laundering Act,
Public Procurement Act and Amendment to the Civil Service Act, issuance of Guidelines
for Making Effective Government Service and Facilities, and provisions of citizen's charter
are some other important measures. Policy and institutional reforms have been made in
the civil service to establish transparency, accountability and participation. The Public
Service Commission Act has given impetus to these reform initiatives. In the nutshell, the
issue of human rights has been crystallized by law and practice as an integral part of the
governance system in the country.
B. Best Practices
1. Inclusive and Balanced Development Approach
88. The Government has introduced a policy of inclusion in pursuit of making the society
equitable through elimination of existing regional, class and caste-based, ethnic and other
disparities and discriminations. The Tenth Plan enunciated inclusion as a strategic pillar
for poverty alleviation. The Constitution has included various important provisions on
inclusive development in all sectors including economic, social, political and ecological
ones so as to ensure human rights and fundamental freedoms for all castes, ethnic groups,
gender, religions, regions, ages, and classes by restructuring the State. As envisaged in the
TYIP, a series of policies and other measures are being implemented to make Nepal an
inclusive nation.
89.
Nepal believes that such an inclusive and just statehood is a sine qua non for the protection
of human rights, and for fulfilment of the physical, emotional and basic needs of all. It has
to be achieved by respecting their dignity and their own culture and also reducing the gap
in access to existing opportunities in all state mechanisms. The GON considers inclusion
as a tool supportive and contributive to building a just society by ensuring rightful share
in power and resources.
2. Human Rights and Social Justice as Interlinked Issues
90.
The GON believes that social justice is of critical significance to marginalized or vulnerable
communities or groups. Policy, legal and institutional measures adopted in the field of
human rights are premised on the reality that there are many communities for whom
the fundamental issues of reforms process relate to issues of basic livelihood, health and
quality of life. Improvement of social, human and cultural status of these communities or
groups by mainstreaming them into development has been a central focus of development
plans.
3. Independence of Judiciary as Foundation for Justice and Human Rights
91.An independent judiciary is a core element of Nepal's policies on human rights. The
concept of independent judiciary has been recognized by the Constitution that has further
consolidated the judicial system, which enjoys full independence in its functioning in
imparting justice and protecting the rights of the people.
4. Collaboration with civil society
92. Departing from the traditional centralized governance approach, governmental policies
have increasingly been focusing on collaboration with civil society including NGOs and
private sector in development process. A range of policies are being adopted to activate
NGOs in economic and social development processes and bring about transparency and
efficiency in the mobilization of their resources.
5. Gender Mainstreaming
93. The GON's policies have accorded high importance to gender mainstreaming through
empowerment and development of women. Various institutions including the NWC are
in place to contribute to the mainstreaming of women in governance and development
process. Empowerment of rural women is an issue running across all relevant government
measures. Gender responsive budgeting and gender auditing systems are also in place.
6. Legislative Reforms
94.
The GON has always focused on legislative measures as an important vehicle to carry out
Nepal's commitments on human rights. Consequently, a range of laws have been enacted
or revised on important areas, such as the right to information, gender equality, public
procurement, anti-money laundering, legal aid, labour, good governance, corruption
prevention, and prison reforms. The GON is also drafting comprehensive civil and penal
codes and procedures codes based on the human rights approach. A bill on the prohibition
of sexual harassment at workplace is also under consideration.
7. Zero Tolerance against Gender Based Violence
95. A special program has been launched to observe the year 2010 as a year against gender
based violence (GBV). The GON has adopted a National Plan of Action for Year against
Gender Based Violence, 2010, which is a single policy document, and a longer-term plan
will be developed based on learning from this. It details a health sector response to GBV,
and recognizes that a concerted effort on different dimensions like health, education, legal
rights, protection and security is necessary to address GBV. A Central Level Complaint
Management Unit has been established in the OPMCM so that immediate action can be
taken in cases where concerned agencies refuse to register complaints or when they are
unresponsive.
8. Community Forestry
96. The community forestry (CF) concept was incepted in 1978. The Master Plan for Forestry
Sector 1989, a 25-year policy and planning framework, has aimed to conserve eco-system,
and contribute to economic growth at local level. It envisioned transfer of government
forests to community forest users groups, an independent and self-governing entity. The
Forests Act, 1993 and its Regulation 1995, together with the Forest Sector Policy, 2000,
give substantial rights to local people in managing community forests. As a result of this
innovative process, forest areas have now been expanded to 39 percent of total land area
of the country.
C. Challenges and Constraints
97. Despite a range of policies, and legal and institutional measures that have been taken,
people's ability to enjoy human rights is constrained by a number of factors, which also
relate to governance and structural and functional capabilities of the state organs.
98.
Nepal is passing through a transitional phase, which by nature is a mixture of uncertainty
and instability. This has consequently impacted in maintaining stability in public
policies and political, social, and economic sectors, and also resulting in the delayed
implementation of adopted policies. Secondly, consensus building is the pillar of Nepali
peace process with democracy and human rights at its center. The national agenda based
on wider national consensus in relation to political, economic, social transformation and
development remains a work in progress. Thirdly, more needs to be done in the areas of
poverty alleviation and social justice by, inter alia, ensuring peace, security and socioeconomic development. Fourthly, the State has been significantly resource constrained to
honor its obligation to provide basic services to marginalized or vulnerable communities
or groups, and build national institutions to institutionalize social and economic
transformation within the democratic framework. Fifthly, rehabilitation of women,
children and the families of those affected by the armed conflict is yet to be fully achieved.
99.
Various economic and social issues such as poverty and environmental degradation remain
growing threats to the enjoyment of human rights. Nepal has devised a multi-pronged
policy and strategy to alleviate poverty. However, poverty alleviation remains as elusive
as ever. The rate of population growth is still high. Thus, despite some achievements,
alleviating poverty as well as bridging the increasing gap between the poor and the rich
remains a central development challenge for Nepal. Around 25.4 percent of people still
live below the poverty line. Agriculture sector harbors rampant disguised unemployment
because of illiteracy, poverty and malnutrition. The GON is concerned that its target of
achieving a wider economic growth might be inhibited by a range of factors, including
political instability, effects of climate change, wider consequences of globalization, and
increasingly competitive and uncertain world trade environment. Nepal is facing multidimensional challenges in keeping up with its commitment to human rights owing to lack
of resources and human rights infrastructures such as the existence of strong and matured
national democratic institutions.
100. The trade base of Nepal, a least developed land-locked country, is narrow and transactions
costs are exorbitantly high. The devastating impact of rising prices, food shortages
and global economic and financial crises has aggravated the plight of vulnerable and
marginalized sections of society and adversely affected the enjoyment of human rights of
the Nepali people.
101. Climate change remains a growing threat to development. Deforestation, melting of
Himalayan glaciers, looming glacial lake outbursts, soil erosion, decrease in productivity
and desertification, flood, landslide and decrease in biodiversity are causing unexpected
and severe environmental crises endangering the lives and livelihoods of people, and
are detrimental to the enjoyment of human rights. Given that Nepal is predominantly a
mountainous and agricultural country; the impacts of climate change may be catastrophic
in future.
102. Transitional phase is a delicate and difficult period. Challenges like corruption and
impunity also stare any state in this phase. Establishing the rule of law remains a supreme
task as an essential foundation of any democratic society. Nepal firmly believes that a
strong and inclusive democracy can help meet these challenges in a comprehensive and
lasting manner. Accordingly, the GON has undertaken, and will undertake, a range of
measures to address these issues. Such measures include: enhanced respect for rule of law,
focusing on more effective implementation of relevant laws, of human rights treaties, and
of directives and recommendations by the Supreme Court and NHRC, revamping relevant
institutions and security bodies with adequate resources, and formulating commissions on
disappearance and truth and reconciliation.
103. The GON considers the Local Bodies as the first point of contact with the people. Local
Bodies, which are the vehicle of devolution, decentralization and good governance at the
local level, have remained out of political leadership for long. This has adversely affected
the delivery of basic services to the people effectively and efficiently. Though the GON
has made alternative arrangements for the purpose of delivering services to the people
through a team of dedicated officials, it still feels that there can be no substitute to elected
bodies.
VII. KEY NATIONAL PRIORITIES, INITIATIVES AND COMMITMENTS
104. In order to address the problems and constraints, the GON has identified various activities
as key national priorities and commitments, particularly: institutionalizing the rule of
law, bringing the on-going peace process to a meaningful conclusion; framing a new
constitution, carrying out a democratic, federal, inclusive and progressive state restructuring;
rehabilitation and integration of Maoist combatants; achieving wider economic growth
to expedite the process of socio-economic transformation, and balanced and inclusive
development; making necessary legal reforms and effective implementation of relevant
laws; effective implementation of human rights action plan, and other national action
plans, including on CEDAW and on the rights of PWDs; formulation and implementation
of action plan on the ILO Convention 169; institutional strengthening of national human
rights institutions; support for judicial reforms and law enforcement agencies.
105. Similarly, capacity building on treaty body reporting; carrying out further measures to end
impunity in any form; providing transitional justice; ending caste-based discrimination
in all forms; effective implementation of ICERD; ending GBV; national monitoring of
status of implementation of human rights treaty obligations; improvement in prisons and
detention facilities; and enhanced human rights education to law enforcement agencies,
armed and police forces are also the key priorities and commitments. Commitments also
include continued constructive engagement with UN, human rights mechanisms and
international community and close collaboration with the civil society.
VIII. CAPACITY BUILDING AND TECHNICAL ASSISTANCE
106. In view of the nature of problems and constraints, domestic efforts alone would not be
sufficient to achieve a desired level of protection and promotion of human rights on
the ground and fulfill international treaty obligations, despite a range of achievements
made in this regard. The GON believes that a proper implementation of policies, plans
and strategies is crucial to achieve sustainable results. Nepal has been able to obtain
development assistance from various international institutions and foreign governments.
Such assistance has made a significant contribution to social and economic development,
which has resultantly supported the human rights related measures.
107. The GON feels a need for capacity building and technical assistance in order to, inter
alia, forge further effective collaboration with the civil society, to engage further with
the UN human rights treaty mechanisms, to make legislative and institutional reforms, to
provide further training to the judiciary, law enforcement personnel, local authorities on
the importance of applying the principles of human rights, to enable the civil society to be
further effective in contributing to the promotion and protection of human rights.
108. Nepal is making a democratic transition. Nurturing the roots of democracy particularly in
post conflict societies also requires continued international goodwill, understanding and
support. While appreciating the valuable cooperation and support from the international
community, the GON hopes to continue receiving even an enhanced level of support in its
efforts to firmly institutionalize peace building efforts, create a web of national democratic
institutions and expedite the socio-economic transformation.
Endnotes
1.
It consists of 601 members, out of whom 240 were elected through first-past-the-post electoral system, 325 through
proportional electoral system, and 26 were nominated by the Cabinet.
2.
The Interim Constitution of Nepal, 2007, part 3, arts 12 through 32. The fundamental rights are: right to
freedom, right to equality, right against untouchability and racial discrimination, right relating to publication,
broadcasting and press, right to environment and health, right to education and culture, right to employment
and social security, right to property, rights of women, right to social justice, rights of the child, right to religion,
right to justice, right against preventive detention, right against torture, right to information, right to privacy,
right against exploitation, right relating to labor, right against exile, and right to constitutional remedies.
3.
These laws include: Libel and Slander Act, 1959; Prisons Act, 1964; Some (Public Offenses and Punishment)
Act, 1969; Marriage Registration Act, 1972; Protection and Welfare of Persons with Disability Act, 1983; Nepal
Treaties Act, 1990; Labor Act, 1991; Press and Publication Act, 1991; Social Welfare Act, 1992; Act Relating
to Children, 1992; Trade Union Act, 1992; State Cases Act, 1992; Civil Service Act, 1993; Torture Related
Compensation Act, 1996; Human Rights Commission Act, 1997; Legal Aid Act, 1997; Consumer Protection
Act, 1998; Local Self-governance Act, 1999; Child Labor (Prohibition and Regulation) Act, 1999; Bonded Labor
(Prohibition) Act, 2000; Nepal Citizenship Act, 2006; Human Trafficking and Transportation (Control) Act,
2007.
4.
It was established by the Human Rights Commission Act, 1997.
5.
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); International
Covenant on Economic, Social and Cultural Rights (ICESCR); International Covenant on Civil and Political
Rights (ICCPR); First Optional Protocol the ICCPR; Second Optional Protocol to the ICCPR aiming at the
abolition of the death penalty; Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW); Optional Protocol to the CEDAW; Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); Convention on the Rights of the Child (CRC); Optional Protocol to
the CRC on the involvement of children in armed conflict; Optional Protocol to the CRC on the sale of children,
child prostitution and child pornography; Convention on the Rights of Persons with Disabilities (CRPD); and
Optional Protocol to the CRPD.
6.
They are: Weekly Rest (Industry) Convention, 1921 (No. 14), Forced Labor Convention, 1930 (No. 29),
Right to Organize and Collective Bargaining Convention, 1949 (No. 98), Equal Remuneration Convention,
1951 (No. 100), Force Labor Abolition Convention (No. 105), Discrimination (Employment and Occupation)
Convention, 1958 (No. 111), Minimum Wage Fixing Convention, 1970 (No. 131), Minimum Age Convention,
1973 (No. 138), Tripartite Consultation (International Labor Standards) Convention, 1976 (No. 144), Worst
Forms of Child Labor Convention, 1999 (No. 182), and Indigenous and Tribal Peoples Convention, 1989 (No.
169).
7.
They include: Slavery Convention; Protocol Amending the Slavery Convention; Supplementary Convention on
the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery; Convention on the
Prevention and Punishment of the Crime of Genocide; Convention for the Suppression of Traffic in Persons and
of the Exploitation of the Prostitution of Others; Convention on the Political Rights of Women; International
Convention on the Suppression and Punishment of the Crime of Apartheid; International Convention against
Apartheid in Sports.
8.
These rights include: right to freedom of speech, peaceful assembly, association, movement and occupation,
business or trade, right to equality and equal protection of law, with provision for affirmative action in favor of
women, children or other backward classes, right not to be discriminated on grounds of religion, color, race,
sex etc., right against untouchability and racial discrimination on grounds of race, community or occupation,
right to publication, broadcasting and press, right to religion, freedom from arbitrary arrest, detention and
punishment, right in relation to criminal justice including the right to fair trial by a competent court or judicial
body, right against torture, right to information, right to privacy, right to property and right against exile.
k|ltj]bgsf] g]kfnL cg'jfb
ljZjJofkL cfjlws k'g/fjnf]sg
dfgj dfgj clwsf/ kl/ifb\sf] k|:tfj %÷! sf] cg';"rLsf] k|s/0f !%-s_ cg';f/ k]z ul/Psf] g]kfnsf]
/fli6«o k|ltj]bg
!= kl/ro
!=
clk|n @))^ sf] zflGtk"0f{ hgcfGbf]ngkZrft g]kfn nf]stflGqs zf;g k|0ffnLsf] ;du| ;+/rgfleq
Jofks ;fdflhs, cfly{s tyf /fhgLlts ¿kfGt/0fsf] k|lqmofdf /x]sf] 5 . cfGbf]ngsf] sfof{b]z
zflGt, kl/jt{g, l:y/tf, k|lt:kwf{Tds ax'bnLo nf]stflGqs zf;g Joj:yfsf] :yfkgf, ljlwsf]
zf;g, hgtfsf dfgj clwsf/sf] k|j4{g / ;+/If0f, k"0f{ k|]; :jtGqtf tyf nf]stflGqs d"No /
dfGotfdf cfwfl/t :jtGq Gofokflnsf lyof] . dfgj clwsf/ zflGt k|lqmofsf] s]Gb|df /x]sf] 5,
/ cGttf]uTjf nf]stGq, kx'Fr, ;dGofo, ;dfj]zL / ;xeflutfsf l;4fGtx¿df d'vl/t 5 . ;g\
@* d] @))* sf lbg g]kfnnfO{ ;ª\3Lo nf]stflGqs u0ftGqsf] 3f]if0ff ug]{ nf]stflGqs tl/sfaf6
lgjf{lrt ;+ljwfg;ef -……;+ljwfg;efÆ_ sf] lg0f{on] ;dsfnLg Oltxf;df la/n} ePsf] zflGtk"0f{
¿kfGt/0fsf] k|ltlglwTj ub{5 . ¿kfGt/0fsf] k|lqmofn] hgtfsf /fhgLlts, cfly{s, ;f+:s[lts tyf
;fdflhs clwsf/nfO{ g]kfnsf] nf]stflGqs k|lqmofsf] cfwf/lznfsf] ¿kdf b[9tfsf ;fy :yflkt
u/]sf] 5 . hgtf lsgf/f, alxis/0f / ;'ljwfljd'v If]qaf6 s]Gb|Lo cj:yf -ljsf; cj:yf_ df
cfPsf 5g\ . clxn] ltgLx¿ cfˆgf uGtJo;Fu ;DalGwt lg0f{ox¿df ;xefuL x'G5g\ . jt{dfgdf
g]kfn nf]stGqsf nfex¿ ;'b[9 ug]{, ;fdflhs, cfly{s ¿kfGt/0fsf] k|lqmofnfO{ tLj|ult lbg]
/ ;+ljwfg;efaf6 nf]stflGqs ;+ljwfg lgdf{0f ug]{ nufot zflGt k|lqmofnfO{ ;fy{s lgisif{df
k'¥ofpg /fli6«o nf]stflGqs ;+:yfx¿ lgdf{0f ug]{ sfo{df nfu]sf] 5 .
@= tl/sf / k/fdz{sf] k|lqmof
@=
g]kfn ;/sf/, k|wfgdGqL tyf dlGqkl/ifb\sf] sfof{non] ljZjJofkL cfjlws k'g/fjnf]sg -……cfjlws
k'g/fjnf]sgÆ_ sf] /fli6«o k|ltj]bg tof/ kfg{sf] nflu cGt/If]qut k|ltlglwTj /x]sf] Pp6f ;ldlt
u7g u/]sf] lyof] . ;f] ;ldltn] cfjlws k'g/fjnf]sgsf ljleGg kIfx¿df a[xt\ cGt/dGqfno:t/Lo
cGtlqm{ofx¿sf] cfof]hgf u/]sf] / ;/sf/L ;+:yfx¿, /fli6«o dfgj clwsf/ cfof]u, /fli6«o dlxnf
cfof]u, cflbjf;L hghflt pTyfg /fli6«o k|lti7fg tyf /fli6«o blnt cfof]unufotsf dfgj
clwsf/;DaGwL /fli6«o ;+:yfx¿;Fu tyf ;~rf/ If]q / u}/;/sf/L ;+:yfx¿nufotsf gful/s
;dfhsf ljleGg stf{x¿;Fu Jofks 5nkmn / ;Djfb u/]sf] lyof] . k|ltj]bgsf ljifoj:t'x¿df
ljrf/–ljdz{ ug{sf] nflu If]qLo:t/sf ljleGg cGtlqm{ofTds sfo{qmdx¿sf] klg cfof]hgf ul/Psf]
lyof] .
#= k[i7e"ld
#=
blIf0f Plzofdf u0ftGq ef/t tyf hgjfbL u0ftGq rLgaLr cjl:yt g]kfn Pp6f e"kl/j]li7t
/fi6« xf] . o;sf] If]qkmn !,$&,!*! ju{ lsnf]ld6/ 5 . o;sf] hg;ª\Vof @#,!%!,$@# 5 / jflif{s
$=
%=
hg;ª\Vof j[l4b/ @=@% k|ltzt /x]sf] 5 . ;f7L jif{ dflysf h]i7 gful/sx¿ ^=% k|ltzt, !^ jif{
d'lgsf afnaflnsf $)=(# k|ltzt / dlxnf %! k|ltzt 5g\ .
hftLo, ;f+:s[lts / eflifs ljljwtf g]kfn /fi6«sf] cToGt} df}lns ljz]iftf xf] . sl/a (@ efiffx¿
dft[efiffsf] ¿kdf af]lnG5g\ . g]kfnL efiff ;/sf/L sfdsfhsf] efiff xf] . xfn %( ;d"xx¿nfO{
cflbjf;L hghfltsf] ¿kdf dfGotf lbOPsf] 5 / ltgsf] hg;ª\Vof #&=@ k|ltzt 5 .
g]kfn ;g\ !((^ b]lv @))^ ;Dd Psbzs nfdf] ;z:q åGåaf6 u'lh|g'k¥of] . @! gf]e]Dj/ @))^
sf lbg lj:t[t zflGt ;Demf}tf -……zflGt ;Demf}tfÆ_ df x:tfIf/ eO{ åGåsf] cf}krfl/s¿kdf
cGTo eof] . @)^# ;fn df3 ! -!% hgj/L @))&_ b]lv k|f/De ePsf] g]kfnsf] cGtl/d ;+ljwfg
-……;+ljwfgÆ_ n] cGtl/d Joj:yflksf–;+;b\sf] u7g u/L ;ª\qmd0fsfnLg ;/sf/sf] Joj:yf u¥of] .
;+o'Qm /fi6«;ª\3sf] ;'/Iff kl/ifb\sf] k|:tfj !&$) -@))&_ af6 zflGt k|lqmofnfO{ ;3fpg] sfof{b]z
ePsf] g]kfnl:yt ;+o'Qm /fi6«;ª\3Lo ld;g :yflkt eof] . !) clk|n @))* df ;+ljwfg;efisf]
lgjf{rg eof] . o;sf sl/a PsltxfO ;b:ox¿ -##=@# k|ltzt_ dlxnf 5g\ / pNn]Vo ;ª\Vofdf
blnt / ljleGg hghfltx¿ lgjf{lrt ePsf 5g\ . o;}n] g]kfnsf] Oltxf;d} ;+ljwfg;efnfO{
;a}eGbf a9L ;fdflhs ljljwtf k|ltljlDat ug]{ / ;dfj]zL ;+:yf agfPsf] 5 . ;+ljwfg;ef d"ntM
nf]stflGqs ;+ljwfg lgdf{0f ug]{ k|lqmofdf ;+nUg 5 / o;n] Joj:yflksf–;+;b\sf] ¿kdf klg sfd
ub{5 .
$= ;}4flGts tyf ;+:yfut ;+/rgf
^=
g]kfndf dfgj clwsf/sf] ;+/If0f / k|j4{gsf nflu ;}4flGts / ;+:yfut ;+/rgfx¿ ;+ljwfg,
;Da4 sfg"g, gLlt / Goflos lg0f{ox¿df Joj:yf ul/Psf 5g\ .
s= ;}4flGts ;+/rgf
!= ;+ljwfg
&=
*=
;+ljwfg d"n sfg"g xf] . o;n] nf]stGq, zflGt, ;d[l4, cu|ufdL cfly{s–;fdflhs kl/jt{g / b]zsf]
;fj{ef}ldstf, cv08tf, :jtGqtf / :jfledfgnfO{ s]Gb|df /fv]sf], cGo s'/fsf cltl/Qm cfwf/e"t
dfgj clwsf/sf] ljZjJofkL¿kdf :jLsf/ ul/Psf], cfwf/e"t dfgj clwsf/nfO{ k"0f{¿kn] ;Ddfg
ug]{ /fhgLlts k|0ffnLsf] Joj:yf u/]sf] / lzIff, :jf:Yo, cfjf;, /f]huf/L / vfB ;Dk|e'tfdf ;a}
gful/ssf] clwsf/ :yflkt u/]sf] 5 . ;fdflhs / hftLo ;dfj]zLs/0f, ljljwtfsf] ;+/rgfTds
:jLs[lt / /fHosf] ;dfj]zL, nf]stflGqs / cu|ufdL k'g;+/rgfsf] dfWodaf6 ;fdflhs Gofosf]
k|flKtdf o;sf] s]Gb|Lo hf]8 /x]sf] 5 .
df}lns clwsf/x¿sf] a[xt\ ;"rL;lxtsf] ;+ljwfg dfgj clwsf/sf] cfwf/e"t ;|f]t xf] . o;n] dfgj
clwsf/sf] ljZjJofkL 3f]if0ffkq -……3f]if0ffkqÆ_ df Joj:yf ul/Psf k|foM ;a} clwsf/x¿ tyf g]kfn
kIf ePsf dfgj clwsf/;DaGwL lnvtx¿df Joj:yf ePsf clwsf/ / bfloTjx¿nfO{ ;dflji6
u/]sf] 5 . d"ntM o;n] gful/s tyf /fhgLlts clwsf/;DaGwL cGt/f{li6«o k|lt1fkq Pj+ cfly{s,
;fdflhs tyf ;f+:s[lts clwsf/;DaGwL cGt/f{li6«o k|lt1fkqdf Joj:yf ePadf]lhdsf ljleGg
PSsfO; j6f clwsf/x¿nfO{ df}lns clwsf/ii sf] ¿kdf Joj:yf u/]sf] 5 .
(=
y'k|} cfly{s, ;fdflhs tyf ;f+:s[lts clwsf/x¿nfO{ lgb]{zs l;4fGt tyf /fHosf gLltx¿df ;d]t
;dfj]z ul/Psf] 5 . o;df hf]lvddf k/]sf jf ;LdfGts[t ;d"x jf ;d'bfox¿sf] ;anLs/0f,
;+/If0f / ljsf;sf] nflu ltgsf] xsdf lzIff, :jf:Yo, cfjf;, vfB ;Dk|e'tf tyf /f]huf/Lsf]
;DaGwdf ;sf/fTds lje]b, cf/If0f / cGo lsl;dsf] ljz]if ;xof]u, ;dy{gsf Joj:yfx¿ ;d]t
;dfj]z 5g\ .
!)= y'k|} clwsf/x¿nfO{ lg/k]If -clgolGqt_ clwsf/ / Go"g ug{ gkfOg] clwsf/sf] ¿kdf dfGotf
lbOPsf] 5, / tL clwsf/x¿nfO{ ;ª\s6sfnLg cj:yfsf] ;dodf klg lgnDag ug{ ;ls+Fb}g .
oL clwsf/x¿df afFRg kfpg] xs, ;dfgtfsf] xs, j}olQms :jtGqtfsf] xs, Gofo;DaGwL xs,
;fdflhs Gofosf] xs, jftfj/0f tyf :jf:Yo;DaGwL xs, lzIff tyf ;+:s[lt;DaGwL xs, /f]huf/L
tyf ;fdflhs ;'/Iff;DaGwL xs, >d;DaGwL xs, wd{;DaGwL xs, /fhgLlts bn tyf ;ª\3;+:yf
vf]Ng] :jtGqtf, dlxnfsf] xs, afnaflnsfsf] xs, oftgf lj?4sf] xs, zf]if0f lj?4sf] xs, b]z
lgsfnf lj?4sf] xs, 5'jf5't tyf hftLo e]befj lj?4sf] xs, ;dfrf/kq jf 5fkfvfgf aGb jf
hkmt lj?4sf] xs, ;+j}wflgs pkrf/sf] xs tyf aGbLk|ToIfLs/0fsf] pkrf/sf] xs ;d]t ;dfj]z
5g\ . o:tf clwsf/x¿ k|rng u/fpg jf ljjfbsf] 6'Ëf] nufpg cfjZos / pko'Qm cfb]z÷l/6
hf/L ug{ ;Sg] c;fwf/0f clwsf/ ;jf]{Rr cbfntnfO{ 5 . ;ª\s6sfnLg cj:yfdf sfg"g ljk/Lt
jf ablgot;fy u/]sf] s'g} sfdaf6 s'g} JolQmnfO{ s'g} Iflt ePsf]df lghnfO{ To:tf] Ifltjfkt
Ifltk"lt{ kfpg] clwsf/ 5 .
@=sfg"g
!!= gful/s clwsf/ P]g, @)!@ / d'n'sL P]g, @)@) -;fdfGo ;+lxtf_ dxTjk"0f{ ;fdfGo sfg"g x'g\ .
gful/s clwsf/ P]gn] sfg"gsf] b[li6df ;dfgtf / sfg"gsf] ;dfg ;+/If0f Pj+ wd{, hft, lnË
jf cGo s'g} cfwf/df e]befj lj?4sf] xsnufotsf ljleGg gful/s tyf /fhgLlts clwsf/x¿
k|Tofe"t u/]sf] 5 . d'n'sL P]g b]jfgL / kmf}Hbf/L b'j} s'/fx¿sf] ;fdfGo sfg"g xf] . o;n] k/Dk/fut
hftLo k|0ffnLnfO{ vf/]h u/]sf] tyf 5'jf5't / hftdf cfwfl/t >[ª\vnfnfO{ pGd"ng u/L hftdf
cfwfl/t lje]bnfO{ cGTo ug]{ k|oTg u/]sf] 5 . P3f/fF}+ / afx|fF}+ ;+zf]wgn] dlxnf clwsf/;DaGwL
d'Vo d'Vo lnvtx¿sf] kl/kfngf ug{ k|rlnt sfg"g vf; u/L ;DklQ, ljjfx, ;DaGwljR5]b /
ue{ktg;DaGwL sfg"gx¿df ;'wf/ u/]sf] 5 .
!@= xfn g]kfn ;/sf/n] b]jfgL ;+lxtf, kmf}Hbf/L ;+lxtf, kmf}Hbf/L s;"/ ;hfo lgwf{/0f;DaGwL sfg"g
tyf b]jfgL / kmf}Hbf/L sfo{ljlw ;+lxtfx¿sf] th'{df ul//x]sf] 5 . oL ;+lxtfx¿ nfu" ePkl5 ;Da4
sfg"gx¿ ;+lxtfs/0f u/L cem} klg lje]bsf/L ;f]lrPsf y'k|} sfg"g / cjwf/0ffx¿nfO{ pGd"ng
ug]{5 .
!#= cGo ljlzi6 clwsf/x¿, pbfx/0fsf] nflu afnaflnsfsf] clwsf/, dlxnfsf] clwsf/, oftgf
lj?4sf] clwsf/ tyf ckfËtf ePsf JolQmsf] clwsf/iii sf] ;+/If0f / k|j4{g ug]{ p2]Zon] ljlzi6
sfg"gx¿ agfOPsf] 5 .
#=gLltx¿
!$= g]kfnn] ;LdfGts[t jf hf]lvddf /x]sf ;d"x jf ;d'bfox¿sf] ;fdflhs ;dfj]zLdf ljz]if Wofg
lbOPsf dfgj clwsf/;DaGwL 5'§} gLlt / sfo{qmdx¿ cjnDag ub}{ cfPsf] 5 . tLg jifL{o cGtl/d
of]hgf, @)^$.^%–@)^^.^& n] dfgj clwsf/ ;+:s[ltdf cfwfl/t Ps ;dfj]zL, Gofok"0f{ / ;d[4
/fi6«sf] lgdf{0fnfO{ ul/aL lgjf/0f tyf dfgj clwsf/sf If]qdf g]kfnsf] bL3{sfnLg ;f]rsf] ¿kdf
to u/]sf] 5 . ;a} lsl;dsf lje]b, lx+;f / zf]if0fsf] cGTo / ul/aL lgjf/0f u/L, dfgj clwsf/
;+:s[ltsf] ljsf; u/L / ;a}nfO{ dfgjLo ul/dfdo hLjgofkgsf nflu cg's"n jftfj/0fsf] l;h{gf
u/L ;a}sf nflu dfgj clwsf/sf] ;'lglZrt ug'{ dfgj clwsf/;DaGwL gLltx¿sf] p2]Zo /x]sf] 5 .
!%= g]kfnn] cjnDag u/]sf d'Vo d'Vo /0fgLltx¿df dfgj clwsf/sf ;jfnx¿nfO{ ;a} If]qut
ljsf;sf gLlt tyf sfo{qmdx¿df ;dflji6 ug]{, dfgj clwsf/ k|j4{g ug{ nlIft ;d"xx¿sf nflu
ljz]if sfo{qmdx¿ sfof{Gjog ug]{, dfgj clwsf/;DaGwL /fli6«o ;+:yfx¿sf] Ifdtf clej[l4 ug]{,
/fli6«o dfgj clwsf/ ;+:yfx¿sf] Ifdtf clej[l4 ug]{, Jofks dfgj clwsf/ lzIff sfo{qmd tyf
;'zf;gsf] dfWodaf6 ;fdflhs ;]jfsf] k|jfxnfO{ ;xh, ;'ne / k|efjsf/L agfpg] /0fgLltx¿
;dfj]z 5g\ .
!^= leogf 3f]if0ffkq tyf sfo{of]hgf, !((# sf] sfof{Gjog ;d]tsf nflu g]kfnn] gful/s ;dfh;Fusf]
;xsfo{df th'{df ul/Psf dfgj clwsf/;DaGwL cfjlws /fli6«o sfo{of]hgf sfof{Gjog ub}{ cfPsf]
5 . o;n] dfgj clwsf/;DaGwL sfo{qmdx¿nfO{ ljsf; of]hgfx¿df PsLs/0f ub}{ dfgj clwsf/sf]
k|j4{gsf] nflu ;+o'Qm :jfldTj ljsf; u/]sf] 5 .
$= /fli6«o ljlwzf:q
-s_ cGt/f{li6«o sfg"gsf] cfGtl/sLs/0f
!&= g]kfn ;lGw P]g, @)$& n] s'g} sfg"gL Joj:yf ;+;b\af6 cg'df]bg ePsf] s'g} ;lGw;Fu aflemPdf
;f] ;lGwsf] k|of]hgsf] nflu aflemPsf] xb;Dd To:tf] sfg"gL Joj:yf cdfGo x'g] / ;lGw nfu" x'g]
Joj:yf u/]sf] 5 .
-v_ Gofokflnsfaf6 hf/L cfb]z, lgb]{zg / k|ltkflbt l;4fGtx¿
!*= ;+ljwfgn] GofokflnsfnfO{ /fHosf tLgj6f vDafx¿dWo] Pp6f vDafsf] ¿kdf :jLsf/ u/]sf] 5 .
;+ljwfgn] Gofokflnsfsf] clwsf/ lgwf{/0f ug'{sf ;fy} o;sf] :jtGqtfsf] nflu ;+/rgfsf] Joj:yf
ub}{ o;sf cfwf/e"t ljz]iftfx¿ lgwf{/0f u/]sf] 5 . o;n] tLg txsf cbfntL ;+/rgfsf] Joj:yf
u/]sf] 5- ;jf]{Rr cbfnt, k'g/fj]bg cbfnt / lhNnf cbfnt . ;fwf/0f cbfnt, ljz]if cbfnt /
GofofwLs/0fx¿ ;d]t u/L Goflos lgsfox¿sf] ;ª\Vof !)) eGbf a9L 5 .
!(= ;jf]{Rr cbfntsf k|wfgGofofwLz ;d]tsf] lgo'lQmsf] l;kmfl/; ug]{ ;+oGqsf] ¿kdf ;+j}wflgs
kl/ifb\sf] Joj:yf 5 hals lhNnf cbfnt tyf k'g/fj]bg cbfntsf GofofwLzx¿sf] lgo'lQm,
;?jf, cg'zf;g;DaGwL sf/jfxL, avf{;L / Gofo k|zf;g;DaGwL cGo s'/fx¿sf] tyf ;jf]{Rr
cbfntsf cGo GofofwLzx¿sf] lgo'lQmsf] l;kmfl/; ug]{ jf k/fdz{ lbg] sfo{ Gofo kl/ifb\n] ub{5 .
@)= cfˆgf ljleGg km};nfx¿sf] dfWodaf6 Gofokflnsfn] dfgj clwsf/sf] k|j4{g / ;+/If0fdf cu|0fL
e"ldsf v]Nb} cfPsf] 5 . cfly{s, ;fdflhs tyf ;f+:s[lts clwsf/, afnaflnsfsf] clwsf/,
dlxnfsf] clwsf/nufot y'k|} dfgj clwsf/x¿sf] ;DaGwdf ul/Psf To:tf km};nfx¿df k|ltkflbt
l;4fGt / hf/L ul/Psf cfb]z, lgb]{zgx¿n] ;jf]{Rr cbfntaf6 ljsl;t dfgj clwsf/ ljlwzf:q
k|ltljlDat ub{5 . ;jf]{Rr cbfntn] sf/fuf/df pknAw ;'ljwf, ;dfgtf tyf u}/e]befj;Fu
;DalGwt w]/} sfg"gL Joj:yfx¿nfO{ cdfGo 3f]lift u/]sf] 5 . k}t[s ;DklQdflysf] dlxnfsf]
clwsf/, of}ghGo b'Jo{jxf/ tyf j}jflxs anfTsf/ lj?4sf clwsf/h:tf y'k|} If]qx¿df cfjZos
sfg"g agfpg jf ;+j}wflgs¿kdf k|Tofe"t clwsf/;Fu cg's"n agfpg sfg"g ;+zf]wg, kl/dfh{g
ug{sf] nflu ;jf]{Rr cbfntn] lgb]{zfTds cfb]zx¿ hf/L u/]sf] 5 .
@!= ;fj{hlgs lxtsf] ;+/If0f / k|j4{gsf nflu ;jf]{Rr cbfntn] ;fj{hlgs ;/f]sf/sf] d'2f;DaGwL
;d'Ggt k|0ffnLsf] klg ljsf; u/]sf] 5 . o; k|0ffnLn] ;j{;fwf/0fnfO{ dfgj clwsf/sf] pNn+3g
lj?4 pkrf/ vf]Hg ;an agfPsf] 5 . s}bLsf] clwsf/, jw'jf dhb'/ ->lds_, :jR5 jftfj/0fsf]
clwsf/, lx/f;tleqsf] lx+;fnufotsf ;jfnx¿df Jofks kl/df0fsf] ljlwzf:qsf] ljsf; ePsf]
5 .
@@= Goflos ;'wf/x¿ sfof{Gjog ug]{ p2]Zon] Gofokflnsfn] ;g\ @))$ b]lv /0fgLlts of]hgf u|x0f
u/L sfof{Gjog ub}{ cfPsf] 5 . :jtGq / k|efjsf/L Gofo k|0ffnLdfkm{t dfgj clwsf/sf] ;+/If0f ub}{
;a}sf] lglDt Gofo ;'lglZrt ug'{ Gofokflnsfsf] kl/b[Zo xf] . sfg"g / Gofosf dfGo l;4fGtx¿sf
cfwf/df :jR5 Pj+ lgikIf Gofo ;Dkfbg ug'{ Gofokflnsfsf] kl/nIo xf] . Goflos ;'wf/n] Gofosf]
ljs]Gb|Ls/0f / Gofo ;Dkfbgdf hgtfsf] ;+nUgtfsf] Pp6f dfWodsf] ¿kdf ljjfb ;dfwfgsf
j}slNks pkfox¿df ;d]t hf]8 lbPsf] 5 . ;fy}, g]kfn d]nldnfk;DaGwL 5ftf sfg"g agfpg]
k|lqmofdf 5 .
v= /fli6«o ;+:yfut ;+/rgf
!= dfgj clwsf/;DaGwL /fli6«o ;+:yfx¿
@#= ;g\ @))) df /fli6«o dfgj clwsf/ cfof]u Pp6f :jtGq sfg"gL (Statutory) lgsfosf] ¿kdf
:yflkt ePsf] xf] .iv ;+ljwfgn] o;nfO{ ;+j}wflgs lgsfo agfPsf] 5 . o; cfof]udf ^ jif{sf]
kbfjlwsf] nflu lgo'Qm Pshgf cWoIf / cGo rf/hgf ;b:ox¿ /xG5g\ . o; cfof]usf] u7g
/ sfof{b]z k"0f{¿kdf k]l/; l;4fGtx¿ cg's"n 5 . dfgj clwsf/ cfof]usf ;b:ox¿sf] lgo'lQm
ubf{ dlxnf;lxt ljljwtf sfod ug]{ ul/Psf] 5 . dfgj clwsf/ cfof]u P]g, @)%# n] ……dfgj
clwsf/Æ nfO{ JolStsf] hLjg, :jtGqtf, ;dfgtf / dof{bf;Fu ;DalGwt ;+ljwfg tyf cGo
k|rlnt sfg"gåf/f k|bfg ul/Psf clwsf/ tyf g]kfn kIf ePsf] dfgj clwsf/;DaGwL cGt/f{li6«o
;lGw ;Demf}tfdf lglxt clwsf/ ;Demg'kb{5 egL kl/eflift u/]sf] 5 . dfgj clwsf/sf] ;Ddfg,
;+/If0f / ;+j4{g tyf To;sf] k|efjsf/L sfof{Gjog ;'lglZrt ug'{ /fli6«o dfgj clwsf/ cfof]usf]
st{Jo xf] . o; p2]Zosf] nflu o;n] Jofks bfo/fsf] cg';Gwfgd"ns, ;'kl/j]IfsLo, lgb]{zfTds /
l;kmfl/;d"ns clwsf/ k|of]u ug{ ;Sb5 . dxTjk"0f{ t, o;n] cfˆgf l;kmfl/; jf lgb]{zg kfngf jf
sfof{Gjog gug]{ kbflwsf/L jf lgsfonfO{ dfgj clwsf/ pNn+3gstf{sf] ¿kdf clen]v ug{ tyf
kLl8tx¿nfO{ Ifltk"lt{ lbg] cfb]z lbg ;Sb5 . dfgj clwsf/ cfof]u;DaGwL ;+j}wflgs Joj:yf
sfof{Gjog ug]{ ljw]os Joj:yflksf–;+;b\df ljrf/fwLg 5 .
@$= cflbjf;L÷hghflt pTyfg /fli6«o k|lti7fg P]g, @)%( af6 :jfoQ sfg"gL lgsfosf] ¿kdf
cflbjf;L÷hghflt pTyfg /fli6«o k|lti7fgsf] :yfkgf ePsf] xf] / o;sf] d'Vo p2]Zo
cflbjf;L÷hghfltsf] ;du| ljsf; ;'lglZrt ug'{ xf] . ;+ljwfgdf ul/Psf ljleGg Joj:yfn]
cflbjf;L÷hghfltsf] wfld{s, eflifs, ;f+:s[lts tyf /fhgLlts clwsf/sf] ;+/If0f / ;+j4{gsf
nflu cflbjf;L÷hghflt pTyfg /fli6«o k|lti7fgnfO{ ;3fp k'¥ofPsf] 5 .
@%= ljsf;sf] d"nk|jfxdf dlxnfsf] k|efjsf/L ;dfj]zLs/0fnufot dlxnfsf] xs, lxtsf] ;+/If0f /
k|j4{g ug{sf] nflu /fli6«o dlxnf cfof]u P]g, @)^# af6 /fli6«o dlxnf cfof]u Pp6f :jfoQ sfg"gL
lgsfosf] ¿kdf :yflkt ePsf] xf] . o; cfof]unfO{ l;kmfl/; tyf cg';Gwfgd"ns clwsf/ 5 .
o;df g]kfn ;/sf/af6 lgo'Qm Pshgf cWoIf / rf/hgf ;b:ox¿ /xG5g\ / To;/L lgo'Qm ubf{
cNk;ª\Vos ;d'bfox¿sf] ;dfj]zLs/0fdf plrt Wofg lbOG5 .
@^= blnt ;d'bfosf clwsf/sf] ;+/If0f / k|j4{g ug]{ tyf blnt pTyfg sfo{qmdx¿df g]kfn ;/sf/nfO{
;xof]u ug]{ d"n p2]Zo /x]sf] /fli6«o blnt cfof]u ;g\ @))@ sf] sfo{sfl/0fL cfb]zåf/f u7g ePsf]
xf] . o;n] blnt;DaGwL cfjZos sfg"gL pkfox¿, sfo{of]hgfx¿sf] tof/L tyf blnt;DaGwL
ljleGg ;fdu|Lx¿sf] k|sfzg / ljt/0f ug]{ nufotsf ljleGg dxTjk"0f{ lqmofsnfkx¿ ;~rfng
ub}{ cfPsf] 5 . o;n] blntsf] ;du| ;zQmLs/0f tyf /fhgLlts ;xeflutf, ;f+:s[lts ;ts{tf /
sfg"gL ;'wf/df hf]8 lbOPsf] k~rjifL{o /0fgLlts of]hgf sfof{Gjog ul//x]sf] 5 .
@= dxfGofoflwjQmfsf] sfof{no
@&= dxfGofoflwjQmfn] ;a} cbfntx¿df g]kfn ;/sf/sf] k|ltlglwTj ub{5g\ . lx/f;tdf /x]sf] JolQmnfO{
dfgjf]lrt Jojxf/ gu/]sf] jf To:tf] JolQmnfO{ cfkmGt;Fu jf sfg"g Joj;foLdfkm{t e]63f6 ug{
glbPsf] eGg] ph'/L k/]df jf hfgsf/L x'gcfPdf dxfGofoflwjQmfn] 5fgljg u/L To:tf] x'gaf6
/f]Sg ;DalGwt clwsf/LnfO{ cfjZos lgb]{zg lbg ;Sb5g\ .
#= Joj:yflksf–;+;b\sf] dfgj clwsf/ ;ldlt
@*= Joj:yflksf–;+;b\sf] cGt/f{li6«o ;DaGw / dfgj clwsf/ ;ldltn] g]kfn ;/sf/nfO{ cfjZos
lgb]{zg / ;'emfj lbg'sf] ;fy} dfgj clwsf/;DaGwL ;/sf/L sfd sf/jfxLsf] d"NofÍg / cg'udg
ub{5 . o;n] /fli6«o dfgj clwsf/ cfof]u tyf dxfGofoflwjQmfsf] jflif{s k|ltj]bgdfly ljrf/–
ljdz{ / 5nkmn u/L jfl~5t k|ult x'g ;s]sf] jf g;s]sf], dfgj clwsf/ pNn+3gstf{x¿nfO{
sfg"gsf] bfo/fleq Nofpg ;s]sf] jf g;s]sf], g]kfn kIf ePsf dfgj clwsf/;DaGwL ;lGwx¿sf]
sfof{Gjogsf] l:ylt ;Gtf]ifhgs /x] jf g/x]sf] / o; If]qdf s] s:tf gLltx¿ sfof{Gjog ug{
cfjZos 5 eGg] s'/f v'nfO{ Joj:yflksf–;+;b\df k|ltj]bg k]z ub{5 .
$= /fli6«o ;"rgf cfof]u
@(= /fli6«o ;"rgf cfof]u ;"rgfsf] xs;DaGwL P]g, @)^$ cGtu{t :yflkt Pp6f sfg"gL lgsfo xf] .
o; cfof]un] s'g} gful/sn] ;fj{hlgs lgsfodf /x]sf] ;"rgfdf kx'Frsf] dfu u/]sf] ;DaGwdf
To:tf] lgsfon] u/]sf] lg0f{o pk/ k'g/fj]bg ;'Gb5 . k|:t't cfof]unfO{ dsf{ k/]sf] kIfnfO{ dgfl;j
dflkmssf] Ifltk"lt{ e/fO{ lbg] / pNn+3gstf{ lj?4 ljefuLo ;hfosf] cfb]z lbg] ;d]tsf clwsf/
k|of]u u/L ;"rgfsf] xssf] sfof{Gjog ug{ k|efjsf/L pkrf/ k|bfg ug]{ clwsf/ 5 .
%= ;/sf/L ;+:yfx¿
#)= k|wfgdGqL tyf dlGqkl/ifb\sf] sfof{no zf;sLo ;'wf/ tyf dfgj clwsf/;DaGwL ;Da4 ;lGwx¿sf]
k|efjsf/L sfof{Gjognufotsf dfgj clwsf/;Fu ;DalGwt lqmofsnfkx¿sf] k|j4{g / ;dGjog ug]{
lhDd]jf/L ePsf] d'Vo ;/sf/L lgsfo xf] . of] sfof{no cGo lgsfosf cltl/Qm /fli6«o dfgj clwsf/
cfof]u tyf dfgj clwsf/sf nflu pRr cfo'Qmsf] sfof{nosf] ;Dks{ lgsfo klg xf] . o;n] ljleGg
nfOg Ph]G;Lx¿;Fu dfgj clwsf/;Fu ;DalGwt s'/fx¿sf] ;dGjo / ;fd~h:oLs/0f ug]{ sfo{ ub{5 .
#!= zflGt tyf k'glg{df{0f dGqfnon] l;h{gfTds åGå Joj:yfkg, ;dfhsf ;a} ju{x¿sf] zflGt
k|lqmofdf ;xeflutf k|j4{g ug]{ lqmofsnfkx¿df ;xof]u ug]{ / zflGt k|lqmofnfO{ lbuf] agfpg /
åGåaf6 kLl8tx¿nfO{ ;ª\qmd0fsfnLg Gofo ;'lglZrt ug{ cGt/f{li6«o ;xof]u h'6fpg] sfo{ ub}{
cfPsf] 5 . o; dGqfnon] åGåaf6 Iflt ePsf %,%^) ;+/rgfx¿dWo] !,$!! ;+/rgfx¿sf] k'glg{df{0f
u/]sf], !^,&@( d[tsx¿dWo] !$,)^$ d[tssf kl/jf/x¿nfO{ cfly{s ;xof]u pknJw u/fPsf],
cfGtl/s¿kn] lj:yflkt &*,^*( JolQmx¿dWo] @%,))) JolQmx¿nfO{ /fxt ljt/0f u/]sf], a]kQf
ePsf !,#@& JolQmx¿dWo] !,!&( JolQmx¿nfO{ /fxt pknJw u/fPsf] / hgcfGbf]ngdf 3fOt]
ePsf @# hgf JolStx¿nfO{ lgjf{x eQf -j[lQ_ pknJw u/fPsf] 5 . ;To lg¿k0f tyf d]nldnfk
/ a]kQf kfl/Psf JolQmx¿sf] 5fgljg;DaGwL b'O{j6f pRr:t/Lo cfof]ux¿sf] u7g ug]{ ;DaGwL
ljw]osx¿ Joj:yflksf–;+;b\df ljrf/fwLg 5g\ .
#@= dlxnf, afnaflnsf tyf ;dfh sNof0f dGqfnon] dlxnf, afnaflnsf tyf ;dfh sNof0f;DaGwL
gLlt, of]hgf tyf sfo{qmdsf] th'{df, sfof{Gjog, cg'udg / d"NofÍg ug]{ tyf cgfy afnaflnsf,
c;xfo, dlxnf, h]i7 gful/s / ckfËtf ePsf JolQmx¿sf] ;+/If0f / ;'/Iffsf] lhDd]jf/L jxg
ub{5 . o; dGqfnon] cfˆgf] sfo{If]qleq kg]{ lqmofsnfk ;DaGwdf /fli6«o tyf cGt/f{li6«o
u}/;/sf/L ;+:yfsf] ;dGjo / kl/rfng ;d]t ub{5 . dlxnf lj?4sf ;a} k|sf/sf e]befj pGd"ng
ug]{ ;DaGwL dxf;lGw;DaGwL /fli6«o ;ldltn] pQm dxf;lGwsf] k|efjsf/L sfof{Gjog ug{ cfjZos
pkfox¿ ckgfO/x]sf] 5 . of] dGqfnon] ;g\ @))^ df n}lËs / ;fdflhs ;dfj]zLs/0f;DaGwL
/0fgLlts b:tfj]h tof/ kf/]sf] lyof] / of] b:tfj]hn] n}lËs d"nk|jfxLs/0f / /fli6«o txsf
;+:yfx¿df ;dfgtf k|j4{g ug]{ sfo{df dxTjk"0f{ e"ldsf v]n]sf] 5 .
##= sfg"g tyf Gofo dGqfno sfg"gsf] th'{df ug]{ tyf sfg"gL k|0ffnL, Gofo k|zf;g tyf Gofo
k|0ffnLsf] k'g/fjnf]sg / ;'wf/ ug]{ Psdfq ;/sf/L lgsfo xf] . o;n] cGt/f{li6«o ;lGwsf] kIf
aGg], cGt/f{li6«o ;+:yfsf] ;b:otf k|fKt ug]{ / cGt/f{li6«o sfg"gL bfloTjsf] ljifodf cGo ;Da4
dGqfnox¿nfO{ sfg"gL /fo klg k|bfg ub{5 .
#$= u[x dGqfno d"ntM sfg"g / Joj:yf axfnL / sfof{Gjogsf] nflu lhDd]jf/ 5 . o;n] zflGt
;'/Iffsf] k|efjsfl/tf, b08xLgtfsf] cGTo tyf dfgj clwsf/sf] /Iffsf] nflu ljz]if sfo{qmd,
@)^^ Pj+ o; sfo{qmdsf] sfof{Gjog ug{ kl/rflnt x'g] ;'/IffsdL{ tyf sd{rf/Lsf] nflu dfgj
clwsf/sf] dfkb08df cfwfl/t cfrf/;+lxtf nfu" ul//x]sf] 5 . o; dGqfnon] g]kfn k|x/L, ;z:q
k|x/L an tyf /fli6«o u'Ktr/ ljefuh:tf ;+:yfx¿ ;~rfng ub{5 . g]kfn k|x/L tyf ;z:q k|x/L
an b'j} ;+:yfsf If]qLo / :yfgLo txsf sfof{nox¿df dfgj clwsf/ ;]n / k|wfg sfof{nox¿df
s]Gb|Lo dfgj clwsf/ OsfO{ /x]sf 5g\ . k|x/L sd{rf/Lx¿nfO{ lbOg] ;a} txsf tfnLd kf7\oqmddf
dfgj clwsf/;DaGwL ljifoj:t'x¿ ;dfj]z ul/Psf] 5 . oL ;+:yfx¿df k|x/L sd{rf/L lj?4sf
dfgj clwsf/sf] pNn+3g;DaGwL ph'/Lx¿ 5fgljg u/L To:tf] 5fgljgsf] glthf ;fj{hlgs ug]{
;+oGqsf] Joj:yf 5 .
#%= k//fi6« dGqfnon] ;Da4 ;lGwx¿cGtu{t g]kfnsf ;du| k|lta4tf / bfloTjx¿ Ifdtfn] EofP;Dd
/ ljleGg ;/sf/L cË tyf cGo ;Da4 lgsfox¿;Fusf] ;dGjodf k"/f ePsf] ;'lglZrt ug]{
k|oTg ub{5 . dfgj clwsf/;DaGwL ljleGg ;lGwx¿cGtu{tsf lgsfox¿df g]kfnn] k|:t't ug]{
k|ltj]bgsf] tof/L sfo{df ;lqmo¿kn] ;+nUg x'g'sf] cltl/Qm o; dGqfnon] ;dGjosf/L tyf
;Dks{ lgsfosf] e"ldsf ;d]t lgjf{x ub{5 .
#^= /Iff dGqfnon] cfjZos ;'/Iff gLlt, sfg"gsf] th'{df tyf g]kfnL ;]gfsf] Joj:yfkgdf cu|0fL
e"ldsf lgjf{x ub{5 . ;]gf pk/ gful/s clwsf/ tyf ;]gfsf] ;dfj]zLs/0f ;'lglZrt ug{ ljleGg
pkfox¿ tyf dfgj clwsf/sf] d"No / dfGotfcg';f/ ;}Go annfO{ tfnLdsf] Joj:yf cjnDag
u/]sf] jf ckgfPsf] 5 .
#&= g]kfnL ;]gfn] @)^# ;fndf g]kfnL ;]gfnfO{ dfgj clwsf/;DaGwL 1fg lbnfO{ dfgj clwsf/;DaGwL
k|lta4tfnfO{ k"0f{¿kdf kfngf ug{ ;Ifd agfpg] d"n sfof{b]z ePsf] dfgj clwsf/ lgb]{zgfno
:yfkgf u/]sf] lyof] . ;fy}, x/]s k[tgf / jflxgL c8\8fx¿df dfgj clwsf/ dxfzfvf / zfvfx¿sf]
:yfkgf ul/Psf] 5 / of] Joj:yfnfO{ ;~rfng -ck/]zgn_ tx;Dd lj:tf/ ug]{ of]hgf 5 . g]kfnL
;]gfn] ;~rfng ug]{ ;a} tfnLd -cfwf/e"t, j[lQljsf; tyf ljz]if tfnLd kf7\oqmdx¿_ df dfgj
clwsf/ tyf cGt/f{li6«o dfgjLo sfg"gsf] ljifoj:t' ;dfj]z u/L ;f] ljifodf 1fg k|bfg ub}{
cfPsf] 5 . ;fy}, k[tgf / jflxgL c8\8fx¿df cfjlws¿kn] cGo s'/fsf cltl/Qm 5'§} tfnLdsf]
Joj:yf klg x'Fb} cfPsf] 5 . @)^#.^$ b]lv @)^%.^^ ;Dd s'n #&,#%$ hgf lzIffyL{x¿nfO{ dfgj
clwsf/ tyf dfgjLo sfg"g;DaGwL tfnLd lbOPsf] / ;a} sd{rf/LnfO{ cfwf/e"t d"No, dfGotfsf]
af/]df ;+j]bgLs/0f ul/Psf] lyof] . e|i6frf/, rf]/L, oftgf / a]kQf;DaGwL cleof]ux¿sf] cg';Gwfg
u/L ;}lgs ljz]if cbfntdf d'2f bfo/ ug{ ;}lgs P]g, @)^# cGtu{t Pp6f cg';Gwfg ;ldlt u7g
ul/Psf] 5 .
^= e|i6frf/ lj?4sf lgsfox¿
#*= e|i6frf/ ;'zf;g / ljsf;sf k|oTgx¿k|ltsf] 7"nf] r'gf}tL xf] eGg] tYonfO{ af]w u/L k[ys\–k[ys\
t/ kl/k"/s k|s[lt / bfo/fsf] sfof{b]z;lxtsf e|i6frf/ lj?4sf y'k|} lgsfox¿ :yfkgf ePsf
5g\ . clVtof/ b'¿kof]u cg';Gwfg cfof]u e|i6frf/ tyf cg'lrt sfo{sf] ;DaGwdf cg';Gwfg
/ txlssft u/L d'2f bfo/ ug]{ clwsf/ ePsf] Pp6f ;+j}wflgs cË xf] . To;} u/L, /fli6«o
;ts{tf s]Gb|, ljz]if cbfnt, dxfGofoflwjQmfsf] sfof{no, Gofo kl/ifb\, /fh:j cg';Gwfg ljefu,
s]Gb|Lo tx;Ln sfof{no, ;+;b\Lo ;ldlt tyf dxfn]vfk/LIfssf] sfof{non] e|i6frf/ lj?4sf
cf]Da'8\;Dofgsf ljleGg sfdx¿ ;Dkfbg ub{5g\ .
&= ;~rf/ dfWod
#(= ;~rf/ dfWodn] k"0f{ cleJolQm :jtGqtf pkef]u u/]sf 5g\ . g]kfn ;/sf/ k"0f{tM lhDd]jf/
;~rf/ dfWod nf]stflGqs zf;g Joj:yfsf] :gfo' xf] eGg] s'/fdf b[9ljZjf; ub{5 . c+u|]hL tyf
g]kfnL efiffdf k|sflzt x'g] b}lgs ;dfrf/kq, ;fKtflxs, kflIfs / dfl;s kqklqsfx¿sf] ;ª\Vof
pNn]Vo 5 . lghL If]qsf e"pku|x 6]lnlehg Rofgn, /]l8of] / 5fkf ;~rf/ dfWodsf] j[l4 klg pRr
5 . dfgj clwsf/, ljsf;, ;'zf;gh:tf /fli6«o dxTjsf ljleGg ;jfnx¿df ;Djfb / ;xdlt
-;j{;Ddlt_ u/fpg] d"n p2]Zon] tL ;jfnx¿;DaGwL hfgsf/L k|jfx ug{ cfd;~rf/ dfWod
;lqmo 5g\ .
*= gful/s ;dfh
$)= gful/s ;dfh klg s';n nf]stflGqs k|0ffnLsf] :yfkgf ug{ dxTjk"0f{ of]ubfg lbg] :kGbgzLn
;+:yfsf] ¿kdf ljsf; ePsf] 5 . gful/saf6 ePsf :j]lR5s sfd sf/jfxL vf; u/L ;fj{hlgs
;/f]sf/sf] ljjfb;DaGwL ;+oGqn] dfgj clwsf/sf] /Iff ug{df ;xof]uL e"ldsf v]Nb} cfPsf]
5 . ;r]tgf clej[l4 ug]{, cfocfh{g ug]{, Gofodf kx'Fr, jftfj/0f ;+/If0f / ljsf; k|lqmofdf
;xeflutf;DaGwL sfo{qmdx¿nufotsf ljljw sfo{qmdx¿sf] dfWodaf6 u}/;/sf/L ;+:yf tyf
;d'bfodf cfwfl/t ;+:yfx¿n] o:tf] sfd sf/jfxLnfO{ k[i7kf]if0f u/]sf 5g\ . g]kfndf u}/;/sf/L
;+:yf tyf ;d'bfodf cfwfl/t ;+:yfx¿sf] /fd|f]÷;an k/Dk/f 5 .
u= cGt/f{li6«o bfloTjsf] If]q÷bfo/f
$!= g]kfnn] dfgj clwsf/sf] ljZjJofkL 3f]if0ffkqdf plNnlvt clwsf/x¿ tyf ;+o'Qm /fi6«;ª\3sf]
j8fkqdf ;lGglxt l;4fGtx¿sf] b/f] lsl;dn] cjnDag ub{5 . g]kfn dfgj clwsf/;DaGwL k|foM
;a} d"n ljZjJofkL ;lGwx¿,v ljZj >d ;+u7gsf !! j6f dxf;lGwx¿vi tyf dfgj clwsf/;DaGwL
cGo y'k|} dxf;lGwx¿vii sf] klg kIf 5 . g]kfn ;g\ !($( sf rf/j6f h]g]ef dxf;lGwx¿sf] klg
kIf 5 . o;n] blIf0f Plzofdf afn sNof0f k|j4{g ug{sf nflu If]qLo k|jGw ug]{ ;DaGwL ;fs{
dxf;lGw, @))@ / j]Zofj[lQsf] nflu dlxnf tyf afnaflnsfsf] hLp df:g] a]Rg] sfd /f]syfd ug]{
/ ;f] lj?4 ;ª\3if{ ug]{ ;DaGwdf Joj:yf ePsf] dxf;lGw, @))@ nfO{ cg'df]bg u/]sf] 5 .
$@= dfgj clwsf/ kl/ifb\nfO{ Pp6f ;an / k|efjsf/L lgsfo agfpg g]kfn k|lta4 5 . g]kfnn]
dfgj clwsf/ kl/ifb\nufotsf ;+o'Qm /fi6«;ª\3sf ;a} ;+oGqx¿nfO{ pbfx/0fLo ;xof]u ub}{
cfPsf] 5 . ;g\ @))% b]lv g]kfndf d'n's ljz]if sfof{no :yfkgf u/]sf] dfgj clwsf/sf] nflu
;+o'Qm /fi6«;ª\3Lo pRr cfo'Qmsf] sfof{no;Fu ;+/rgfTds 9Ën] ub}{ cfPsf] ;xsfo{nfO{ g]kfnn]
lg/Gt/tf lbg]5 . nf]stflGqs kl/jt{gnfO{ k|ltljlDat ug]{ / ;+j}wflgs Joj:yfx¿nfO{ ;Ddfg ug]{
p2]Zon] ut h'g dlxgfdf g]kfn ;/sf/ tyf ;+o'Qm /fi6«;ª\3Lo pRr cfo'Qmsf] sfof{noaLrsf]
;Demf}tf kl/dfh{g ul/Psf] lyof] .
$#= g]kfn ;/sf/sf] lgdGq0ffdf, ljleGg ljz]if sfo{ljlw, sfof{b]zjfnfx¿ -DofG8]6 xf]N8;{_ n] g]kfn
e|d0f u/]sf 5g\M ;g\ !((^ df :j]R5frf/L y'gf;DaGwL sfo{ ;d"x, ;g\ @))) df u}/Goflos jf
:j]R5frf/L xTof ;DaGwL ljz]if k|ltj]bs, ;g\ @))$ df ano'St jf c:j]lR5s a]kQf;DaGwL sfo{
;d"x, ;g\ @))% df cfGtl/s¿kdf lj:yflkt JolQmx¿sf] dfgj clwsf/;DaGwL dxf;lrjsf]
k|ltlglw, ;g\ @))% df oftgfsf] k|Zg;DaGwL ljz]if k|ltj]bs, ;g\ @))* df cflbjf;L hgtfsf
dfgj clwsf/ tyf df}lns :jtGqtfsf] l:ylt;DaGwL ljz]if k|ltj]bs, tyf ;g\ @))* / @))(
df afnaflnsf tyf ;z:q åGåsf nflu dxf;lrjsf ljz]if k|ltlglw .
%= Jojxf/df dfgj clwsf/sf] k|j4{g / ;+/If0f
s= gful/s tyf /fhgLlts clwsf/
$$= ;+ljwfgn] gful/s tyf /fhgLlts clwsf/sf] s'g} klg pNn+3g lj?4 ;'/Iffsjhsf] ¿kdf sfd
ub{5 . gful/s tyf /fhgLlts clwsf/;DaGwL cGt/f{li6«o k|lt1fkqaf6 k|Tofe"t ul/Psf clwsf+z
clwsf/x¿nfO{ df}lns xssf] ¿kdf :jLsf/ ul/Psf] 5 .viii ;+ljwfgn] k|To]s JolQmnfO{ ;Ddfgk"j{s
afFRg kfpg] xs / :jtGqtf tyf d[To'b08 lj?4sf] xs k|bfg u/]sf] 5 . of] clwsf/nfO{ g]kfndf
dfgj clwsf/ ljlwzf:qsf] husf] ¿kdf lng ;lsG5 . ;+ljwfgn] ;dfhdf zflGt / Joj:yf sfod
u/L dfgj clwsf/sf] ;+/If0f / ;+j4{g ub}{ ;fj{hlgs lxtsf] k|j4{g ug]{ / hgtfnfO{ zf;gdf
clwsflws dfqfdf ;lDdlnt x'g] cj;/ h'6fpg' /fHosf] p2]Zo / nf]stGqnfO{ ;+:yfut ub}{
;d'Ggt / ;d[4 g]kfn lgdf{0f ug'{ /fHosf] /fhg}lts p2]Zo ePsf] lglb{i6 u/]sf] 5 .
$%= ljrf/ tyf cleJolQm :jtGqtfsf] /Iff ug]{ p2]Zon] Pp6f ljlzi6 sfg"g, 5fkfvfgf / k|sfzg;DaGwL
P]g, @)$* agfOPsf] 5 . ;"rgfsf] xs;DaGwL P]g, @)^$ n] ;"rgf;DaGwL :jtGqtf / ;"rgfdf
kx'Frsf] clwsf/ k|j4{g ug]{ g]kfnsf] k|lta4tfnfO{ yk k[i7kf]if0f u/]sf] 5 .
v= oftgf lj?4sf] clwsf/
$^= g]kfn oftgf tyf cGo q'm/, cdfgjLo jf ckdfghgs Jojxf/ jf b08 lj?4sf] dxf;lGwsf] kIf
/fi6« xf] . ;+ljwfgn] oftgf lj?4sf] clwsf/nfO{ df}lns xssf] ¿kdf :jLsf/ u/]sf] 5 . s'g} klg
sf/0fsf] nflu lbOg] jf ul/g] s'g} klg lsl;dsf] zf/Ll/s jf dfgl;s oftgf jf lgd{d, cdfgjLo
jf ckdfghgs Jojxf/ lgif]lwt / sfg"gåf/f b08gLo 5 . oftgfsf] sfo{af6 kLl8t JolQmnfO{
sfg"gn] lgwf{/0f u/]adf]lhdsf] Ifltk"lt{ kfpg] xs 5 . oftgf;DaGwL Ifltk"lt{ P]g, @)%# o;
;DaGwdf Pp6f ljz]if sfg"g xf] . oftgfsf] sfo{nfO{ ck/fwLs/0f ug]{ ljw]os pk/ g]kfn ;/sf/n]
ljrf/ ul//x]sf] 5 .
$&= g]kfn ;/sf/n] g]kfnsf] s'g} klg efudf ul/Psf oftgf;DaGwL cf/f]lkt sfo{x¿nfO{ uDeL/
;/f]sf/sf ;fy x]g]{ u/]sf] 5 . g]kfn ;/sf/n] oftgf;DaGwL cleof]ux¿sf] cg';Gwfg, txlssft
u/]sf] 5 . o:tf sfo{df ;+nUg ePsf] kfOPsf JolQmx¿ pk/ sfg"gsf] clwgdf /xL cfjZos
b08fTds pkfox¿ ckgfOPsf] 5 . g]kfn ;/sf/n] cfjlws sfg"gL ;'wf/ ug{sf] nflu oftgf;DaGwL
ljz]if k|ltj]bsn] lbPsf l;kmfl/;x¿ pk/ uDeL/¿kn] ljrf/ ul//x]sf] 5 .
u= cfly{s, ;fdflhs tyf ;f+:s[lts clwsf/
$*= g]kfn cfly{s, ;fdflhs tyf ;f+:s[lts clwsf/;DaGwL cGt/f{li6«o k|lt1fkqsf] kIf 5 / g]kfnn]
;j} dfgj clwsf/x¿ ljZjJofkL, cljefHo / cGt/;DalGwt x'G5g\ egL k'gMk'li6 ub{5 . hgtfsf]
pRr u'0f:t/Lo hLjg ;'lglZrt ug]{ p2]Zon] cfwf/e"t vfgf, :jf:Yo ;]jf, z}lIfs ;'ljwf,
cfjf; tyf cGo cTofjZos ;]jfx¿sf] Joj:yfnufotsf y'k|} cfly{s tyf ;fdflhs pkfox¿
u|x0f ul/Psf] 5 . g]kfn ;/sf/sf] ljrf/df cfly{s, ;fdflhs / ;f+:s[lts clwsf/sf] k|ultzLn
sfof{Gjog÷k|flKt /fli6«o txdf cfjZos k"jf{wf/ tyf ;|f]tx¿sf] pknJwtf Pj+ ;sf/fTds
cGt/f{li6«o ;xof]u / k|fljlws ;xfotfdf cfd¿kdf lge{/ x'G5 .
!= cfly{s ljsf; / ul/aL lgjf/0f
$(= g]kfndf ul/aL lgjf/0f ;j} ;/sf/x¿sf] d'Vo k|fyldstfsf] ljifo x'gk'u]sf] 5 . ljsf; of]hgfx¿n]
ul/aL lgjf/0f u/L km/flsnf] cfly{s j[l4 xfl;n ug]{ nIo /fv]sf 5g\ . xfn, cfly{s j[l4b/ #=$
k|ltzt 5, h'g a]/f]huf/L, ul/aL / a9\bf] cfo c;dfgtfnufotsf ljBdfg ;d:ofx¿sf] Pp6f
k|ltljDa xf] . of] cj:yfnfO{ ;Daf]wg ug]{ p2]Zon] g]kfn ;/sf/ ;fdflhs Gofosf] cfwf/df
cfly{s pknlJwsf] Gofof]lrt ljt/0f u/L tyf cfly{s c;dfgtf x6fO{ /fli6«o cy{tGqnfO{ :jtGq,
cfTdlge{/ Pj+ pGgltzLn u/fpg] /fHosf] d"ne"t cfly{s p2]Zo xfl;n ug{ k|oTgzLn /x]sf] 5 .
;x;|fJbL ljsf;sf nIox¿ xfl;n ug{ g]kfn ;/sf/ b[9 5 . g]kfn ;/sf/n], cGo s'/fsf cltl/Qm,
;LdfGts[t jf hf]lvddf /x]sf ;d"x jf ;d'bfox¿sf] ;xeflutf / ;zQmLs/0fsf] dfWodaf6
;+/rgfTds ;'wf/, km/flsnf] cfwf/sf] cfly{s j[l4 tyf ;fdflhs ;dfj]zLs/0fdf hf]8 lbFb}
ul/aL lgjf/0f /0fgLlt b:tfj]h @))@–@))& (Poverty Reduction Strategy Paper 2002-2007)
sfof{Gjog u/]sf] 5 .
%)= kmntM g]kfnn] ul/aL lgjf/0fdf pNn]vgLo k|ult xfl;n u/]sf] 5 . lg/k]If ul/aL ;g\ @)))
sf] $@ k|ltztaf6 ;g\ @))% df #!=$ k|ltztdf / ;g\ @))( df @%=$ k|ltztdf em/]sf] 5 .
of] pknlJwnfO{ sfod} /fVg, g]kfn ;/sf/n] wgL / ul/aaLrsf] cGt/ ;fF3'/f] agfpg cfˆgf
pkfox¿nfO{ cem k|efjsf/L / cg's"ng agfO/x]sf] 5 .
@= :jf:Yo;DaGwL clwsf/
%!= ;+ljwfgn] jftfj/0f tyf :jf:Yo;DaGwL clwsf/nfO{ df}lns xssf] ¿kdf ;'/lIft u/L k|To]s
JolQmnfO{ :jR5 jftfj/0fdf afFRg] xs k|bfg u/]sf] 5 . k|To]s gful/snfO{ /fHoaf6 sfg"gdf
Joj:yf ePadf]lhd cfwf/e"t :jf:Yo ;]jf lgMz'Ns¿kdf kfpg] xs 5 . :jf:Yo;DaGwL clwsf/sf]
pkef]u g} dflg;sf] dof{bf, ;Ddfgsf] cGt/j:t' xf] eGg] g]kfn ;/sf/sf] dfGotf /x]sf] 5 . ;g\
!(() sf] bzsb]lv g]kfnn] cjnDag ub}{ cfPsf] /fli6«o :jf:Yo gLlt ;a}sf nflu cTofjZos
:jf:Yo ;]jf lgMz'Ns¿kn] pknJw u/fpg] k|lta4tfaf6 lgb]{lzt 5 . g]kfn ;/sf/n] bf];|f]
bL3{sfnLg :jf:Yo of]hgf !((&–@)!& tyf hg;ª\Vof / ;/;kmfO;Fu ;DalGwt cGo gLltx¿
sfof{Gjog ul//x]sf] 5 .
%@= g]kfn ;/sf/n] k|fylds :jf:Yo s]Gb| tyf lhNnf c:ktfnx¿df lgMz'Ns :jf:Yo ;]jf pknJw
u/fpFb} cfPsf] 5 . hgtfnfO{ lhNnf c:ktfndf $) lsl;dsf, k|fylds :jf:Yo s]Gb| tyf :jf:Yo
rf}sLx¿df ## lsl;dsf / pk:jf:Yo rf}sLx¿df @# lsl;dsf cf}ifwLx¿df lgMz'Ns kx'Fr k|fKt
5 . ue{jtL dlxnfx¿nfO{ ;a} ;/sf/L c:ktfnx¿df / :jf:Yo tyf hg;ª\Vof dGqfno;Fu
;Demf}tf u/]sf lghL c:ktfnx¿df lgMz'Ns k|;"lt ;]jf kfpg] xs 5 . :jf:Yo ;+:yfdf aRrf
hGdfpg] ue{jtL dlxnfnfO{ oftfoft vr{ pknJw u/fpg] Joj:yf 5 . ;fy}, ul/a, ljkGg, ckfËtf
ePsf JolQm tyf dlxnf :jo+;]ljsfx¿nfO{ k"0f{tM lgMz'Ns¿kdf :jf:Yo ;]jf kfpg] clwsf/ 5 .
%#= g]kfn ;/sf/ afn vf]k sfo{qmdsf] xfnsf] *# k|ltztnfO{ a9fO{ ztk|ltzt k'¥ofpg k|oTgzLn
5 . vf]k ;]jfsf] If]qdf xfl;n ul/Psf pknlJwnfO{ cGt/f{li6«o ;d'bfo tyf ljsf; ;fem]bf/x¿n]
k|z+;f u/]sf 5g\ . ;g\ !(&* sf] cNdfcf6f 3f]if0ffkqdf k|lt1f ul/Psf] ……;a}sf] nflu :jf:YoÆ
tyf ;g\ @)!% ;Dd ;x;|fJbL ljsf;sf nIox¿ xfl;n ug{ g]kfn k|lta4 5 . ljleGg If]qx¿df
dxTjk"0f{ pknlJwx¿ xfl;n ePsf 5g\ . dft[ d[To'b/ @*! df, s'n k|hgg\ b/ #=! k|ltztdf, afn
d[To'b/ -kfFr jif{ d'lg_ -k|ltxhf/ hLljt hGd_ ^! k|ltztdf / lzz' d[To'b/ -k|ltxhf/ hLljt hGd_
$* k|ltztdf em/]sf] 5 . cf}ift cfo'df j[l4 eO{ ^#=# jif{ k'u]sf] 5 . g]kfn ;/sf/ :jf:Yo;Fu
;DalGwt ;x;|fJbL ljsf;sf nIox¿ xfl;n ug{ cfk"m ;xL dfu{df ePsf] ljZjf; ub{5 .
#= vfB;DaGwL clwsf/
%$= ;+ljwfgn] vfB ;Dk|e'tfnfO{ df}lns xssf] dfGotf k|bfg u/]sf] 5 . g]kfn ;/sf/n] vfB ;'/Iff
eg]sf] k|To]s JolQmsf] ;w}F kof{Kt, :jR5 tyf kf]if0fo'Qm / cfˆgf] cfjZostf / rfxgfcg'¿ksf]
vfgfdfly ef}lts tyf cfly{s kx'Fr xf] eGg] s'/fnfO{ dfGotf lbPsf] 5 . g]kfn ;/sf/sf o; If]qsf
gLltx¿n] vfB ;Dk|e'tfsf d'Vo rf/ kIfx¿df hf]8 lbPsf 5g\ M vfB pknJwtf, o;dflysf] kx'Fr,
vfBsf] plrt k|of]u / vfB l:y/tf .
%%= b'u{d lhNnfx¿df g]kfn ;/sf/n] ;/sf/L ;+:yfgsf] ¿kdf /x]sf] g]kfn vfB ;+:yfgdfkm{t / ……
sfdsf] nflu vfBfGgÆ tyf ……ljBfno vfhfÆ sfo{qmdx¿h:tf cGo pkfox¿sf] dfWodaf6 vfBfGg
pknJw u/fpFb} cfPsf] 5 .
$= lzIffsf] clwsf/
%^= ;+ljwfgn] lzIff tyf ;+:s[lt;DaGwL clwsf/nfO{ df}lns xssf] ¿kdf ;'/lIft u/]sf] 5 . tbg'¿k,
k|To]s ;d'bfonfO{ cfˆgf] dft[efiffdf cfwf/e"t lzIff kfpg] tyf cfˆgf] efiff, lnlk, ;+:s[lt,
;f+:s[lts ;Eotf / ;Dkbfsf] ;+/If0f / ;+j4{g ug]{ xs 5, / k|To]s gful/snfO{ sfg"gdf Joj:yf
ePadf]lhd dfWolds tx;Dd lgMz'Ns lzIff kfpg] xs 5 . of] df}lns xs tyf /fHosf] lgb]{zs
l;4fGt, gLlt, tyf ;g\ @)!% ;Dd ;x;|fJbL ljsf; nIo b''O{ xfl;n ug]{ p2]Zon] lzIff gLltsf]
th'{df -;+/rgf_ ul/Psf] 5 . k|rlnt lzIff gLltn] ;a}sf nflu nf]stflGqs, ;dfj]zL / u'0f:t/Lo
lzIffsf] nIo lnPsf] 5 . g]kfn ;/sf/n] dfWolds tx;Dd lgMz'Ns lzIffsf] Joj:yf u/]sf] 5 .
lgMz'Ns / clgjfo{ lzIff pknJw u/fpg];DaGwL ljw]os ljrf/fwLg 5 . dft[efiffdf k|fylds
ljBfnox¿ ;~rfng ug]{ cg'dlt kfpgsf] nflu ;d'bfox¿nfO{ k|f]T;flxt ul/Psf] 5 / !^ j6f
dft[efiffx¿df kf7\ok':tsx¿ tof/ eO;s]sf 5g\ .
%&= g]kfn ;/sf/n] ljBfno If]q ;'wf/ sfo{qmd -@))(–@)!^_ ;~rfng ul//x]sf] 5 . o;n] Ps
sIffb]lv afx| sIff;Ddsf] lzIffnfO{ ;d]6\b} ljBfno lzIffsf] k'gM;+/rgf u/]sf] 5 . Ps sIffb]lv
cf7 sIff;Ddsf] lzIffnfO{ cfwf/e"t lzIff dflgPsf] 5, h'g afnaflnsfsf] cfwf/e"t clwsf/
xf] . ;a}sf] nflu lzIff;DaGwL /fli6«o sfo{of]hgf -@))!–@)!%_ n] rf/j6f cfwf/:tDex¿–
hLljsf]kfh{g, ljsf;, ;+/If0f / ;xeflutfdf cfwfl/t k|f/lDes afnlzIff tyf ljsf; sfo{qmdsf
nIox¿ klxrfg u/]sf] 5 . ^ jif{dflysf] ;fIf/tf b/ ^#=& k|ltzt 5 . ljBfnox¿sf] s'n
;ª\Vof #@,!#) 5, hxfF &,%&%,**) ljBfyL{x¿n] cWoog ul//x]sf 5g\ . k|fylds tx -!–% sIff_
sf] v'b egf{b/ (#=& k|ltzt 5 . xfn, s'n @(,)*( k|f/lDes afn ljsf; s]Gb|x¿n] afnlzIff
;~rfng ul//x]sf 5g\ . oLdWo] @$,&&# ;d'bfodf cfwfl/t / afFsL ;+:yfut ljBfnodf cfwfl/t
5g\ . g]kfn ;/sf/n] dfgjLo dof{bfnfO{ k|j4{g ug]{ p2]Zon] gful/s lzIff / dfgj clwsf/sf]
cjwf/0ffnfO{ ljBfno kf7\oqmddf ;dflxt u/]sf] 5 .
%*= lzIffdf ;dfj]zLs/0f tyf n}lËs d"nk|jfxLs/0f ;'lglZrt ug]{ p2]Zon] ljleGg sfo{qmdx¿
sfof{Gjogdf 5g\ . oL sfo{qmdx¿df ;fd'bflos ljBfnox¿df cWoog u/]sf / hf]lvddf /x]sf
;d'bfosf ljkGg ljBfyL{x¿sf nflu g]kfn ;/sf/nfO{ k|fKt ePsf] lrlsT;fzf:qtkm{ pRrlzIffsf]
nflu 5fqj[lQdWo] $% k|ltzt cf/If0f, c=g=dL= ljifodf k|fljlws lzIff xfl;n ug{ rfxg] t/fO{sf
ljkGg 5fqfx¿nfO{ 5fqj[lQsf] Joj:yf, aLrd} sIff 5f]8\g] b/ Go"gLs/0f ug]{ p2]Zon] lbjf vfhf
sfo{qmd #% j6f lhNnfx¿df lj:tf/, k|fylds txsf %) k|ltzt 5fqfx¿nfO{ tyf s0ff{nL
c~rnsf ;a} 5fqfx¿nfO{ 5fqj[lQsf] Joj:yf, jflif{s ^),))) dfWolds lzIff 5fqj[lQcGtu{t
$),))) 5fqfx¿sf] nflu sf]6fsf] ljt/0f, lglZrt cg'kftdf dlxnf lzIfsx¿ egf{ ug'{kg]{
afWofTds Joj:yf, tyf dlxnfsf] nflu cfo tyf ;Lkd"ns tfnLdsf] Joj:yf ;d]t ;dfj]z
5g\ . ……;fIf/ agf}F / ;Ifdtf clej[l4 u/f}F+Æ eGg] gf/fsf ;fy ;fIf/tf cleofg :yfgLo txsf]
;xeflutfdf ;~rfng eO/x]sf] 5 . xfn, ;fd'bflos ljBfnox¿df dlxnf lzIfssf] ;ª\Vof @&
k|ltzteGbf a9L -$@,)))_ 5 .
%= cfjf;sf] clwsf/
%(= ;+ljwfgn] cfjf;df ;a} gful/ssf] clwsf/ :yflkt ug]{, cf/If0fsf] dfWodaf6 ;LdfGts[t
;d'bfox¿sf] pTyfg ug]{ / ltgnfO{ cfjf; pknJw u/fpg] gLlt tyf j}1flgs e"ld;'wf/ sfo{qmd
nfu" ug]{ gLlt cjnDag u/]sf] 5 . g]kfn ;/sf/n] ……;a}sf nflu cfjf;Æ sf] cjwf/0ffdf cfwfl/t
/fli6«o cfjf; gLlt sfof{Gjog ul//x]sf] 5 . k|:t't gLltsf] p2]Zo Go"g cfo ePsf ;d"xx¿nfO{
;/sf/L ;xof]u pknJw u/fpg' / of]hgfa4 dfgj a:tL ;'lglZrt ug'{ xf] . Jojl:yt a;f]jf;
k|j4{g ub}{ ;'/lIft tyf lskmfotL vfnsf cfjf; ;'ljwf pknJw u/fpg tLg jifL{o cGtl/d of]hgf
k|lta4 5 .
^)= cfjf;sf] clwsf/ ;'lglZrt ug{ y'k|} sfo{qmdx¿ ;~rflnt 5g\, ltgdf Go"g cfo ePsf kl/jf/
x¿sf nflu cfjf; sfo{qmd, ;'s'Djf;L a:tLsf] ef}lts jftfj/0fdf ;'wf/, u|fdL0f cfjf; ljsf;
sfo{qmd, ejg tyf cfjf; If]q ljsf; sfo{qmd / lj:yflkt kl/jf/sf] k'gM:yfkgf sfo{qmd ;d]t
;dfj]z 5g\ .
^!= ljQ sDkgL, cIfo sf]if / cfocfh{g sf]ifx¿dfkm{t dlxnf, blnt, -d'Qm_ sd}of tyf
cflbjf;L÷hghfltnufotsf lk5l8Psf kl/jf/x¿nfO{ ;x'lnot Jofhsf] cfjf; shf{ pknJw x'Fb}
cfPsf] 5 . d'Qm sd}of >ldsx¿nfO{ cfjf;sf] nflu lglZrt kl/df0fdf hUuf hldg pknJw u/fpg]
sfo{ hf/L 5 . s'n $$)#–)%–)!) ljufx hldg @!,^#( kl/jf/x¿nfO{ pknJw u/fO;lsPsf] /
!! s/f]8 @@ nfv &* xhf/ ¿k}ofF !@,)#$ kl/jf/x¿nfO{ cfjf;sf] nflu pknJw u/fO;lsPsf]
5 . @&,%&) d'Qm sd}of >ldsx¿dWo] @!,^#( kl/jf/x¿sf] k'gM:yfkgf eO;s]sf] 5 / afFsL
kl/jf/x¿sf] k'gM:yfkgf x'g] qmddf 5 .
^= sfdsf] clwsf/ tyf plrt / cg's"n cj:yfdf sfd ug]{ clwsf/
^@= ;+ljwfgn] /f]huf/L / >d;DaGwL clwsf/nfO{ df}lns xssf] ¿kdf dfGotf lbPsf] 5 . k|To]s
gful/snfO{ sfg"gdf Joj:yf ePadf]lhd /f]huf/Lsf] xs 5 . ;fy}, k|To]s sfdbf/ / sd{rf/LnfO{
plrt >d cEof;sf] xs tyf sfg"gdf Joj:yf ePadf]lhd 6«]8 o'lgog vf]Ng], ;+ul7t x'g] /
;fd"lxs ;f}bfjfhL ug]{ xs 5 . k|:t't clwsf/ :yflkt ug]{ tyf >dzlQmnfO{ /f]huf/ pknJw
u/fpg] p2]Zo ePsf gLltx¿ cjnDag ug{' /fHosf] bfloTj xf] . k|To]s JolQmnfO{ zf]if0f lj?4sf]
xs 5 / ;fj{hlgs k|of]hgsf] nflu gful/snfO{ clgjfo{ ;]jfdf nufpg ;lsg] cj:yfdf afx]s
s;}nfO{ lghsf] OR5f lj?4 sfddf nufpg lgif]w ul/Psf] 5 .
^#= >d tyf /f]huf/ gLlt, @)^@ n] /fli6«o cy{tGqdf of]ubfg lbg / ljZjJofkL¿kdf k|lt:kwf{
ug{;Sg] >d ahf/ l;h{gf / Joj:yfkg u/L gful/sx¿nfO{ pTkfbgd"ns, e]befj/lxt /
dof{lbt sfdsf] cj;/ pknAw u/fpg] p2]Zo /fv]sf] 5 . >d P]g, @)$* tyf >d lgodfjnL,
@)%), j}b]lzs /f]huf/ P]g, @)^$ tyf j}b]lzs /f]huf/ lgodfjnL, @)^$, 6«]8 o'lgog
P]g, @)$( tyf 6«]8 o'lgog lgodfjnL, @)%) oL clwsf/x¿ Pj+ g]kfnn] cg'df]bg u/]sf
cGt/f{li6«o >d ;+u7gsf ;Da4 dxf;lGwx¿nfO{ ;+:yfutLs/0f ug]{ d'Vo sfg"gL pkfox¿
x'g\ . afn>d lgif]lwt ug]{ ljlzi6 sfg"gsf] klg Joj:yf ul/Psf] 5 . ;dfg sfdsf nflu
;dfg kfl/>lds÷Hofnfsf] Joj:yf 5 . g]kfn ;/sf/n] s[lif >ldsnufotsf sfdbf/ tyf
sd{rf/Lx¿sf] Go"gtd Hofnf lgwf{/0f u/]sf] 5 . sf/vfgf lg/LIfsn] ug'{kg]{ lg/LIf0f e|d0f,
k]zfhGo :jf:Yo tyf ;'/Iff;DaGwLnufotsf sfg"gL Joj:yfx¿sf] kl/kfngf ;'lglZrt ug]{
Pp6f ;+oGq xf] . lqkIfLo k/fdz{ ;+oGqsf] klg :yfkgf ul/Psf] 5, h;n] >d tyf /f]huf/Lsf]
If]qdf ug'{kg]{ gLltut / sfg"gL ;'wf/sf] ;'emfj lbG5 .
^$= g]kfn ;/sf/n] s]xL d'n'sx¿;Fu låkIfLo >d ;Demf}tfx¿ ;DkGg u/]sf] 5, oL ;Demf}tfx¿n] j}b]lzs
/f]huf/Lsf ;DaGwdf dof{lbt / :j:y sfd ug]{ jftfj/0f k|j4{g ug]{5g\ . ;'/lIft cfk|jf;gsf]
clwsf/ k|j4{g ug{sf] nflu g]kfn ;/sf/n] >dsIf -8]S;_, aLdfsf] Joj:yf, cled'vLs/0f tfnLd,
j}b]lzs /f]huf/ ljefudf ;f]wk'5 sIf -8]S;_, j}b]lzs /f]huf/;DaGwL ph'/Lx¿sf] cg';Gwfg tyf
txlssftsf] Joj:yf ;d]t u/]sf] 5 .
3= dlxnfsf] clwsf/
^%= g]kfn dlxnf lj?4sf ;a} k|sf/sf e]befj pGd"ng ug]{ ;DaGwL dxf;lGw / o;sf] :j]lR5s
k|f]6f]snsf] kIf 5 . ;'/Iff kl/ifb\sf] dlxnf, zflGt tyf ;'/Iff;DaGwL k|:tfj !#@%-@)))_ sf]
sfof{Gjog Hofb} dxTjk"0f{ 5 eGg] g]kfnsf] wf/0ff 5 . åGåsf] ;dfwfg tyf cGo lqmofsnfkx¿df
dlxnfsf] ;xeflutf ;'lglZrt ug]{ p2]Zon] Pp6f 5'§} sfo{of]hgf tof/ x'Fb}5 .
^^= g]kfnn] n}lËs d"nk|jfxLs/0f, ;dfj]zLs/0f tyf ;dfgtfnfO{ /fli6«o ljsf; of]hgfsf] k|fyldstfsf]
¿kdf klxrfg u/]sf] 5 . gLltut tyf sfg"gL ;'wf/, g]t[Tj ljsf;, åGåaf6 k|efljt dlxnfsf]
;fdflhs k'gM:yfkgf, sfg"gL ;xfotf, n}lËs ;r]tgf / jsfnt o; p2]Zosf] nflu sfof{Gjog
eO/x]sf s]xL dxTjk"0f{ lqmofsnfkx¿ x'g\ . tLg jifL{o cGtl/d of]hgfn] /fHosf] ;du| ;+/rgfdf
dlxnf k|ltlglwTj sDtLdf ## k|ltzt x'g] nIo /fv]sf] 5 . dlxnf ljsf; sfo{qmdcGtu{t
dlxnfx¿ 3/]n' lx+;f tyf dfgj a]rlavg lj?4 Psh'6 ePsf 5g\ . cIfo sf]if ;~rfngsf]
dfWodaf6 pBdzLntf / ;Lk ljsf;, cfocfh{g;Fu ;DalGwt lqmofsnfkdf dlxnf ;+nUg ePsf
5g\ . dlxnf ;xsf/L ;+:yfx¿ c;+ul7t If]qdf sfo{/t dlxnfnfO{ ;+ul7t t'Nofpg] / ljleGg
s'/Lltx¿ lj?4 cleofg ;~rfng ug]{ Pp6f k|efjsf/L ;+oGqsf] ¿kdf :yflkt ePsf 5g\ . ;g\
@))@ b]lv n}lËs pQ/bfoL ah]6 k|0ffnL nfu" ul/Psf] 5 . rfn" cfly{s jif{df !&=# k|ltzt ah]6
n}lËs ah]6sf] ¿kdf ljlgof]hg ul/Psf] 5 .
^&= ;g\ @))$ df th'{df ul/Psf] dlxnf lj?4sf ;a} lsl;dsf e]befj pGd"ng ug]{ ;DaGwL dxf;lGw
tyf a]OlhË Kn]6kmd{ ckm PS;g;DaGwL /fli6«o sfo{of]hgfx¿ Jofjxfl/s¿kdf sfof{Gjog eO/x]sf
5g\ . g]kfn ;/sf/n] dlxnfsf] ;du| ljsf; / pGgltsf] nflu c:yfoL / ljz]if pkfox¿ cjnDag
u/]sf] 5 . !%) j6feGbf a9L sfg"gx¿df lzIff, :jf:Yo / /f]huf/Lsf If]qdf dlxnfsf nflu
;sf/fTds Joj:yfx¿ ul/Psf] / n}lËs Gofo ;'lglZrt ug]{ k|of; ul/Psf] 5 .
^*= dfgj a]rlavg tyf cf];f/k;f/ -lgoGq0f_ ug]{ ;DaGwdf Joj:yf ug{ ag]sf] P]g, @)^$ tyf
;f]sf] lgodfjnL, @)^%, dfgj a]rlavgsf] ;jfnnfO{ ;Daf]wg ug]{ ;an sfg"gL ;+/rgf xf] . of]
;+/rgfn] s'g} klg p2]Zosf] nflu ;Ldf jf/kf/ tyf cfGtl/s b'j} ¿kdf x'g] dfgj a]rlavg tyf
cf];f/k;f/nfO{ ;d]6]sf] 5 . Ifltk"lt{, aGb Ohnf;df ;'g'jfO{sf] Joj:Yff tyf k'g:yf{kg sf]ifsf]
Joj:yfnufotsf kLl8tnfO{ Gofo k|bfg ug{ dxTjk"0f{ Joj:yfx¿ k|:t't sfg"gdf ;d]l6Psf
5g\ . 3/]n' lx+;f -s;'/ / ;hfo_ P]g, @)^^ n] 3/]n' lx+;f cGTo ug]{ p2]Zo /fv]sf] 5 / of] P]g
sfof{Gjogsf] r/0fdf 5 .
^(= dlxnf lj?4sf ;a} lsl;dsf e]befj pGd"ng ug]{ dxf;lGwcGtu{tsf] ;ldltsf l;kmfl/;x¿
sfof{Gjog ug]{ qmddf ^% j6f lje]bsf/L sfg"gL Joj:yfx¿ vf/]h ul/;lsPsf] 5 . dlxnf,
afnaflnsf tyf ;dfh sNof0f dGqfnocGtu{t /x]sf] sfg"g k'g/fjnf]sg ;ldltn] cem} klg
lje]bsf/L 7flgPsf sfg"gx¿ vf/]h ug]{ lbzfdf sfd ul//x]sf] 5 .
ª= afnaflnsfsf] clwsf/
&)= g]kfn afn clwsf/;DaGwL dxf;lGw / o;sf b'j} k|f]6f]snx¿sf] kIf 5 . ;+ljwfgn] afnaflnsfsf]
clwsf/nfO{ df}lns xssf] ¿kdf ;+/If0f u/]sf] 5 / o; clwsf/df klxrfg / gfdsf] xs, kfng–
kf]if0f, cfwf/e"t :jf:Yo / ;fdflhs ;'/Iff k|fKt ug]{ xs, zf/Ll/s, dfgl;s jf cGo s'g} klg
lsl;dsf] zf]if0f lj?4sf] xs, c;xfo, cgfy, ;':t dgMl:ylt, åGå kLl8t, lj:yflkt Pj+ hf]lvddf
k/]sf, ;8s afnaflnsfn] /fHoaf6 ljz]if ;'ljwf kfpg] xs tyf gfafnssf] s'g} snsf/vfgf,
vfgL jf o:t} cGo hf]lvdk"0f{ sfddf nufpg jf ;]gf, k|x/L jf åGådf k|of]u ug{af6 ;+/If0f kfpg]
xs ;dfj]z 5g\ .
&!= tLg jifL{o cGtl/d -ljsf;_ of]hgfn] afnaflnsfsf] zf/Ll/s, ;+j]ufTds, dfgl;s / af}l4s
ljsf; tyf afn clwsf/sf] ;+/If0fsf nflu cg's"n afn–d}qL jftfj/0fsf] k|j4{g ub}{ afnaflnsf
lj?4sf ;a} k|sf/sf zf]if0f, b'Jo{jxf/, lx+;f hf]lvd / e]befjsf] cGTo ug]{ p2]Zo /fv]sf] 5 . g]kfn
;/sf/n] !) jif]{ /fli6«o sfo{of]hgf -@)^!–@)&!_ sfof{Gjog u/]sf] 5 / o;n] :jf:Yo;DaGwL,
b'Jo{jxf/, zf]if0f / lx+;faf6 afnaflnsfnfO{ ;+/If0f ug]{ / Pr=cfO=eL=÷P8\; lj?4 h'Wg] ;DaGwL
lqmofsnfkx¿nfO{ ;d]6]sf] 5 .
&@= g]kfndf afn clwsf/sf] ;+/If0fsf] nflu Jofks÷a[xt\ sfg"gL ;+/rgf 5 . afnaflnsf;DaGwL
P]g, @)$* n] afns eGgfn] ;f]x| jif{sf] pd]/ k"/f gu/]sf] afnaflnsf ;Demg'kg]{ egL kl/efiff
ub}{ afn clwsf/ dxf;lGwdf plNnlvt k|foM ;a} afn clwsf/x¿ ;d]6]sf] 5 . of] P]g afn–d}qL
pkfuddf cfwfl/t 5 . of] P]g Pj+ g]kfnsf] kmf}Hbf/L Gofo k|0ffnL afn ;'wf/u[xnufotsf
ljleGg ;+:yfx¿sf] dfWodaf6 afn s;'/bf/x¿sf] k'gM:yfkgftkm{ nlIft 5 . afn Gofo;DaGwL
lgodfjnLn] afnaflnsf ;+nUg d'2fx¿sf] ;'g'jfO{ ubf{ ckgfpg'kg]{ afn–d}qL sfo{ljlwx¿ tf]s]sf]
5 . &% j6f lhNnf cbfntx¿dWo] @* j6f lhNnf cbfntdf afn Ohnf;sf] Joj:yf 5 . afn
clwsf/sf] ;+/If0f / k|j4{gsf nflu sfg"gL tyf ;+:yfut ;+/rgfsf] ;'wf/ ug{ ^ j6f cbfntx¿n]
of] sfo{qmd sfof{Gjog ul//x]sf 5g\ / of] sfo{qmdnfO{ cGo cbfntx¿df klg qmdzM lj:tf/
ul/g]5 .
&#= afn>d -lgif]w / lgoldt ug]{_ P]g, @)%^ n] !$ jif{ d'lgsf afnaflnsfnfO{ >ldssf] ¿kdf sfddf
nufpg lgif]w ub}{ s8f b08 ;hfosf] Joj:yf u/]sf] 5 . o; P]gcGtu{t afn>d lgjf/0f ;ldlt
/ afn>d lgjf/0f sf]if klg :yflkt ePsf 5g\ . oL pkfox¿ lgs[i6 k|sf/sf] afn>d lj?4sf]
dxf;lGw, !((( cg'¿k klg 5g\ . afn clwsf/;DaGwL dxf;lGwsf b'O{j6f k|f]6f]snx¿cGtu{t
g]kfnsf] k|lta4tfnfO{ Wofgdf /fVb} clZnn lrq0f, of}ghGo zf]if0f / a]rlavgsf] nflu afnaflnsfsf]
zf]if0fnfO{ s7f]/¿kdf lgif]w ul/Psf] 5 .
&$= g]kfn ;/sf/n] afn egf{sf ;DaGwdf z"Go–;xgzLntfsf] /0fgLlt clVtof/ u/]sf] 5 . afnaflnsfsf]
;+/If0f ug]{ / ;z:q åGådf egf{ ul/Psf afnaflnsfnfO{ k'gM:yfkgf / k'gMPsLs/0fsf pkfox¿df
kx'Fr ePsf] ;'lglZrt ug]{tkm{ k|oTgx¿ lgb]{lzt 5g\ . ljleGg lzlj/x¿af6 @,(&# gfafns;lxt
$,))* cof]Uo n8fs'x¿sf] jlxu{dg ePsf] 5 / ltgLx¿ ;dfhdf PsLs[t ePsf 5g\ . g]kfn
;/sf/n] ;z:q an / ;z:q ;d"xx¿;Fu cfa4 afnaflnsf;DaGwL /fli6«o gLlt tof/ kfl//x]sf] 5 .
r= ckf·tf ePsf JolQmsf] clwsf/
&%= g]kfnn] ckfËtf ePsf JolQmsf] clwsf/;DaGwL dxf;lGwnfO{ cg'df]bg u/]sf] 5 . g]kfnn] Plzof
k|zfGt If]qsf ckfËtf ePsf JolQmsf] lj:tfl/t bzs @))#–@)!@ sfo{of]hgf cg's"n x'g] u/L
ckfËtf;DaGwL /fli6«o gLlt tyf sfo{of]hgf, @)^# nfu" ub}{ cfPsf] 5 . sfg"gL ;'wf/, ckfËtf
/f]syfd ;DaGwdf ;r]tgf k|j4{g ug]{, lgMz'Ns lzIff tyf :jf:Yo ;]jf, kl/jf/ / ;d'bfodf
cfwfl/t k'gM:yfkgf / /f]huf/L lqmofsnfk ;~rfng ul/g] d'Vo d'Vo If]q x'g\ . ckfËtf ePsf
JolQmx¿sf] ljsf; / ;zQmLs/0f tyf ljsf; of]hgfx¿df ltgsf] clea[4 ;xeflutfsf nflu
cfjZos ;|f]t, ;fwg :yfgLo lgsfox¿nfO{ pknJw x'Fb} cfPsf] 5 . clwsf/df cfwfl/t / ;dfj]zL
pkfud o; If]qdf g]kfn ;/sf/sf gLlt / of]hgfx¿sf] cfwf/:tDe xf] . lzIff, :jf:Yo, ;Lkd"ns
tfnLd / oftfoft ;]jfx¿ ;d]tsf ;DaGwdf ;'ljwfsf] Joj:yf ckfËtf ePsf JolQmx¿sf]
nflu ul/Psf ;sf/fTds lje]bsf s]xL pbfx/0fx¿ x'g\ . /fli6«o ;dGjo ;ldltn] gful/s ;dfh
;d]t;Fusf] ;xsfo{df o; If]qsf lqmofsnfkx¿sf] cg'udg / ;dGjo ub{5 .
&^= ckfËtf ;+/If0f tyf sNof0f P]g, @)#( / ;f]sf] lgodfjnL, @)%! k|:t't dxf;lGwnfO{ sfof{Gjog
ug]{ d'Vo sfg"gL pkfox¿ x'g\ . g]kfn ;/sf/n] ckfËtf ePsf JolQmsf clwsf/sf] If]q;Fu
;DalGwt gLltut / sfg"gL k|0ffnLdf ;fdlos ;'wf/ ug]{tkm{ sfo{ ul//x]sf] 5 . g]kfn ;/sf/n]
;fj{hlgs ejgx¿ ckfËtf ePsf JolQmd}qL x'g'kg]{ Joj:yf ug]{ ejg ;+lxtf ;d]t agfPsf] 5 .
5= blntsf] clwsf/
&&= g]kfn hftLo e]befjsf] pGd"ng ug]{ ;DaGwL dxf;lGwsf] kIf 5 / g]kfnn] 8jf{g 3f]if0ffkq /
sfo{of]hgfnfO{ :jLsf/ u/]sf] 5 . ;+ljwfgn] s'g} klg cfwf/df ul/g] 5'jf5't tyf hftLo e]befj
lj?4sf] clwsf/nfO{ df}lns xssf] ¿kdf dfGotf lbPsf] 5 . o:tf] e]befjk"0f{ Jojxf/ b08gLo
x'G5 / kLl8t JolQmn] Ifltk"lt{ ;d]t kfpFb5 . s'g} klg JolQmnfO{ hfthfltsf cfwf/df ;fj{hlgs
k|of]udf /x]sf ;]jf, ;'ljwf jf pkof]usf s'/fx¿ k|of]u ug{af6 jf ;fj{hlgs :yn jf ;fj{hlgs
wfld{s :yn k|of]u ug{af6 jl~rt ug{ gx'g] Joj:yf ul/Psf] 5 . s'g} vf; hft, hfltsf] JolQmnfO{
;]jf jf ;'ljwfaf6 jl~rt ug]{ jf s'g} hft jf hfltsf JolQmx¿sf] prgLr bzf{pg] jf hft,
hfltsf] cfwf/df ;fdflhs lje]bnfO{ Gofof]lrt 7x/fpg] s'g} klg sfo{ b08gLo x'G5 .
h= h]i7 gful/s tyf hf]lvddf /x]sf cGo ;d"xsf] ;fdflhs ;'/Iff
&*= ;+ljwfgn] hf]lvddf /x]sf ;d"xx¿sf] ;fdflhs ;'/Iffsf] clwsf/nfO{ df}lns xssf] ¿kdf k|Tofe"t
u/]sf] 5 . h]i7 gful/s;DaGwL P]g, @)^# n] h]i7 gful/ssf] nflu ;fdflhs ;'/Iffsf ljleGg
of]hgfx¿nfO{ sfg"gL cfwf/ k|bfg u/]sf] 5 . g]kfn ;/sf/n] &) jif{eGbf dflysf h]i7 gful/sx¿
/ s0ff{nL c~rnsf xsdf ^% jif{eGbf dflysf h]i7 gful/sx¿nfO{ dfl;s eQf pknJw u/fpFb}
cfPsf] 5 . &% jif{eGbf dflysf h]i7 gful/sx¿nfO{ d'6', d[uf}nf / cj'{b /f]uh:tf uDeL/ /f]ux¿sf]
lgMz'Ns :jf:Yof]krf/ ;'ljwf kfpg] clwsf/ 5 .
&(= ;fj{hlgs ;]jfdf /f]huf/L tyf >d;Fu ;DalGwt y'k|} sfg"g / gLltx¿n] hf]lvddf /x]sf jf
;LdfGts[t ;d"x jf ;d'bfox¿nfO{ ljz]if hf]8 lbFb} sd{rf/L tyf sfdbf/x¿sf nflu pkbfg,
lgj[Qe/0f / clgjfo{ ;~rosf]ifsf Joj:yfx¿nufotsf ;fdflhs ;'/Iffsf pkfox¿sf] Joj:yf
u/]sf 5g\ .
em= cflbjf;L hghfltsf] clwsf/;DaGwL ljZj >d ;+u7gsf] dxf;lGw !^(
*)= g]kfnn] ljZj >d ;+u7gsf] dxf;lGw !^( nfO{ cg'df]bg u/]sf] 5 . g]kfn ;/sf/n]
cflbjf;L÷hghfltsf] lg0f{o k|lqmofdf k|efjsf/L / /fhgLlts¿kn] cy{k"0f{ ;xeflutf / d'n'ssf]
zf;g ;~rfngdf ;dfg k|ltlglwTj ;'lglZrt ug{ o; dxf;lGwsf] sfof{Gjog;DaGwL /fli6«o
sfo{of]hgf u|x0f ug{ sfo{ ul//x]sf] 5 .
^= pknlJw, pQd cEof;, r'gf}tL tyf cj/f]wx¿
s= pknlJwx¿
!= dfgj clwsf/;DaGwL ;dli6ut pkfud -b[li6sf]0f_
*!= g]kfnsf] ljljw ;fdflhs tyf ;f+:s[lts kl/j]z, ljsf; cfjZostfx¿ tyf PsbzseGbf nfdf]
;z:q åGå -h;sf] sf/0fn] sl/a !^,&@( hgfn] Hofg u'dfP, sl/a &*,^*( hgf lj:yflkt eP,
sl/a !,#@& hgf a]kQf eP / sl/a % ca{ a/fa/sf] ;fj{hlgs k"jf{wf/ ;+/rgfsf] ljgf; eof]_
sf] afjh"b dfgj clwsf/sf] ;+/If0f / k|j4{gsf] nflu ;dli6ut / ax'cfoflds pkfud cjnDag
ug{ g]kfn ;Ifd ePsf] 5 .
*@= zflGt, Gofo / nf]stGq cljefHo 5g\ / ltgLx¿ Ps–csf{af6 k[ys eO{ k|:k'ml6t x'g
;Sb}gg\ . lj:t[t zflGt ;Demf}tfdf x:tfIf/ x'g' h'g;'s} kl/l:yltdf klg dfgj clwsf/sf]
;+/If0f / k|j4{g ug]{ k|lt1fsf ;fy d'n'sdf nf]stflGqs ax'njfbsf] d"Nodf cfwfl/t
bL3{sfnLg zflGt :yfkgf ug]{ ;a} /fhgLlts bnx¿sf] k|lta4tfsf] k|bz{g lyof] . lj:t[t
zflGt ;Demf}tfnfO{ cleGg cËsf] ¿kdf u|x0f ug]{ ;+ljwfgn] /fHosf] nf]stflGqs, cu|ufdL
/ ;dfj]zL k'g;+{/rgfsf] dfWodaf6 cfly{s, ;fdflhs tyf ;f+:s[lts Gofosf] Joj:yf ug{
/fHonfO{ lgb]{lzt u/]sf] 5 .
@= dfgj clwsf/ d'Vo ;jfnsf] ¿kdf
*#= dfgj clwsf/sf] ;+/If0f / k|j4{gsf] ;jfn zf;g k|0ffnLdf g]kfn ;/sf/sf] d'Vo k|fyldstfsf]
sfo{;"rL -ch]08f_ aGg k'u]sf] 5 . clwsf/df cfwfl/t pkfudn] /fli6«o gLlt, of]hgf /
sfg"gx¿df qmlds¿kn] ult lnPsf] 5 / ;a} ;Da4 ;/f]sf/jfnfx¿ dfgj clwsf/sf] kIfnfO{
/fli6«o of]hgf / ljsf; k|lqmofdf ;dfj]z u/fpg] lbzfdf a9\bf]¿kn] ;sf/fTds x'Fb} cfPsf
5g\ . ;j}sf] nflu, vf; u/L ;LdfGts[t ;d"xx¿sf] dfgj clwsf/sf] ;+/If0f / k|j4{gdf ljleGg
/fli6«o ;+:yfx¿ d"ntM /fli6«o dfgj clwsf/ cfof]u, /fli6«o dlxnf cfof]u, cflbjf;L÷hghflt
pTyfg /fli6«o k|lti7fg / /fli6«o blnt cfof]u ;lqmo¿kn] ;+nUg eO/x]sf 5g\ . g]kfn ;/sf/n]
dfgj clwsf/sf] l:yltsf ;DaGwdf u}/;/sf/L If]qsf ;+:yfx¿af6 k|fKt k[i7kf]if0fnfO{ pRr
d"Nosf ;fy u|x0f ub{5 .
#= dfgj clwsf/sf ;DaGwdf pRr txsf] hfu/0f÷;r]tgf
*$= dfgj clwsf/sf ;DaGwdf pRr txsf] hfu/0f jf ;r]tgf xfl;n ug{ ;lsPsf] 5 . clxn] clwsf+z
hgtfdf dfgj clwsf/ pkfudsf] af/]df km/flsnf] hfu/0f jf ;r]tgf cfPsf] 5 / ltgLx¿ cfˆgf
clwsf/sf] kIfdf ax; / jsfnt ug{ ;Ifd 5g\ . y'k|} ;+j]bgLs/0f sfo{qmdx¿ ;/sf/L clwsf/L
tyf ;'/IffsdL{x¿df Jofjxfl/s kl/jt{g Nofpg ;kmn ePsf 5g\ .
$= ljsf; of]hgfdf dfgj clwsf/ gLlt ;dfj]z ePsf]
*%= dfgj clwsf/sf] If]qdf /fHosf] bfloTjnfO{ b[li6ut ub}{ tLg jifL{o cGtl/d of]hgfn] ;+ljwfg
tyf g]kfn kIf ePsf cGt/f{li6«o ;lGw, ;Demf}tfx¿af6 k|Tofe"t dfgj clwsf/ ;'lglZrt ug]{ /
ul/aL lgjf/0fdf 6]jf k'¥ofpg] k|lta4tf JoQm u/]sf] 5 . oL k|lta4tfx¿ y'k|} dxTjk"0f{ pkfox¿sf]
dfWodaf6 sfof{Gjog x'Fb} cfPsf 5g\ . tL pkfox¿df dfgj clwsf/;DaGwL sfo{qmdx¿nfO{ /fli6«o
ljsf; sfo{qmdx¿df ;dfj]z ug]{, Gofo k|0ffnLsf] ;+:yfut ;'b[9Ls/0f tyf dfgj clwsf/ /fli6«o
sfo{of]hgfsf] sfof{Gjog ;d]t ;dfj]z 5g\ . To;} u/L, ;/f]sf/jfnfx¿sf] Jofks ;xeflutfsf]
cfwf/df lzIff, :jf:Yo, dlxnf ;zQmLs/0f, afnaflnsfsf] clwsf/ tyf ljsf;, ckfËtf ePsf
tyf h]i7 gful/s;DaGwL If]qut /fli6«o sfo{of]hgfsf] th'{df eO{ sfof{Gjog eO/x]sf 5g\ . kmntM
clwsf/df cfwfl/t pkfudaf6 lgb]{lzt eO{ tyf dfgj clwsf/ sfo{of]hgf cg's"n x'g] u/L cfˆgf
gLlt, of]hgf / sfo{qmdx¿ ljsf; ug'{ k|To]s ;/sf/L ;+:yf÷lgsfosf] bfloTj x'g cfPsf] 5 .
%= cGt/f{li6«o ;+oGqx¿df ;+nUgtf
*^= ljleGg ;dodf g]kfnaf6 JoQm k|lta4tfx¿nfO{ Jojxf/df ptfg{, g]kfnn] ;lGwcGtu{t :yflkt
lgsfox¿nufotsf ljleGg ;+o'Qm /fi6«;ª\3Lo dfgj clwsf/ ;+oGqx¿ tyf ljz]if sfo{ljlw,
sfof{b]zjfnfx¿;Fu ;+/rgfTds÷l;h{gzLn ;+nUgtfsf] dfWodaf6 pRr txsf] v'nfkg /
kf/blz{tf k|bz{g ub}{ cfPsf] / dfgj clwsf/ pRr cfo'Qmsf] sfof{no tyf cGo cGt/f{li6«o ;ª\3,
;+:yfx¿;Fusf] v'nf / ;+/rgfTds÷l;h{gzLn ;DjfbnfO{ lg/Gt/tf lbPsf] 5 .
^= ;'zf;gsf] sfg"gL ;+/rgf
*&= dfgj clwsf/sf] ;++/If0f / k|j4{gsf nflu ;'zf;g cfjZos kg]{ tYonfO{ x[boËd u/L ;'zf;g
-Joj:yfkg tyf ;~rfng_ P]g tyf lgodfjnL nfu" ePsf 5g\ . o; sfg"gcGtu{t lghfdtL
;]jfsf sd{rf/Lx¿sf] nflu cfrf/;+lxtf klg sfof{Gjogdf 5 . d'b|f lgd{nLs/0f P]g, ;fj{hlgs
vl/b P]g / lghfdtL ;]jf P]gdf ePsf] ;+zf]wg, ;/sf/L ;]jf tyf ;'ljwfnfO{ k|efjsf/L agfpg]
;DaGwL dfu{lgb]{lzsf tyf gful/s j8fkqsf] Joj:yfnfO{ cGo s]xL dxTjk"0f{ pkfox¿sf] ¿kdf
lng ;lsG5 . kf/blz{tf, hjfkmb]lxtf / ;xeflutf :yflkt ug]{ p2]Zon] lghfdtL ;]jfdf gLltut
/ ;+:yfut ;'wf/x¿ ePsf 5g\ . nf]s ;]jf cfof]u P]gn] ;'wf/sf oL k|oTgx¿nfO{ 6]jf lbPsf] 5 .
;ª\If]kdf, dfgj clwsf/sf] ljifo sfg"g tyf cEof;sf] dfWodaf6 d'n'ssf] zf;g k|0ffnLsf] Pp6f
cleGg cËsf] ¿kdf :yflkt x'g k'u]sf] 5 .
v= pQd cEof;x¿
!= ;dfj]zL / ;Gt'lnt ljsf;sf] pkfud
**= ljBdfg If]qLo, juL{o, hftLo tyf cGo ljifDftf / lje]bx¿ pGd"ng ub}{ ;dtfd"ns ;dfh lgdf{0f
ug{sf] nflu ;/sf/n] ;dfj]zLs/0fsf] gLlt clVtof/ u/]sf] 5 . bzf}F+ of]hgfdf ;dfj]zLs/0fnfO{
ul/aL lgjf/0fsf] /0fgLlts cfwf/:tDesf] ¿kdf /flvPsf] lyof] . b]zsf] k'gM;+/rgf u/L ;a}
hfthflt, hghflt, hftLo ;d"x, lnË, wd{, If]q, pd]/ / ju{sf dflg;x¿sf] dfgj clwsf/ /
df}lns :jtGqtf ;'lglZrt ug]{ p2]Zon] cfly{s, ;fdflhs, /fhgLlts / kof{j/0fLonufotsf ;a}
If]qx¿df ;dfj]zL ljsf;;DaGwL y'k|} dxTjk"0f{ Joj:yfx¿ ;dfj]z ul/Psf 5g\ . g]kfnnfO{ Pp6f
;dfj]zL /fi6« agfpgsf] nflu tLg jifL{o cGtl/d of]hgfdf pNn]v ePcg';f/sf y'k|} gLlt tyf
cGo pkfox¿ sfof{Gjog eO/x]sf 5g\ .
*(= g]kfnsf] b[li6sf]0fdf ;a}sf] ef}lts, ;+j]ufTds tyf cfwf/e"t cfjZostfx¿sf] kl/k"lt{ tyf dfgj
clwsf/sf] ;+/If0fsf] nflu o:tf] ;dfj]zL / Gofof]lrt÷plrt /fHo Joj:yf ckl/xfo{ x'G5 . o:tf]
Joj:yf ltgsf] dof{bf÷:jfledfg tyf ;+:s[ltnfO{ ;Ddfg u/]/ tyf ;a} /fHo ;+oGqx¿df pknJw
cj;/ / kx'Frsf] cGt/fnnfO{ Go"gLs/0f u/]/ xfl;n ug'{kb{5 . g]kfn ;/sf/n] ;dfj]zLs/0fnfO{
zlQm / ;fwg ;|f]tdf Gofof]lrt ;fem]bf/L ;'lglZrt u/L Gofok"0f{ ;dfhsf] lgdf{0fdf ;3fp
k'¥ofpg] tyf of]ubfg lbg] ;fwgsf] ¿kdf lnPsf] 5 .
@= dfgj clwsf/ tyf ;fdflhs Gofo cGt/;DalGwt ljifox¿sf] ¿kdf
()= ;fdflhs Gofo ;LdfGts[t jf hf]lvddf /x]sf ;d'bfo jf ;d"xx¿sf] nflu Hofb} dxTjk"0f{
kIf xf] eGg] g]kfn ;/sf/sf] b[li6sf]0f /x]sf] 5 . dfgj clwsf/sf] If]qdf ckgfOPsf gLltut,
sfg"gL tyf ;+:yfut pkfox¿ d'n'sdf y'k|} ;d'bfox¿ 5g\, h;sf] nflu ;'wf/ k|lqmofsf df}lns
;jfnx¿ cfwf/e"t hLljsf]kfh{g, :jf:Yo tyf u'0f:t/Lo hLjgsf ;jfnx¿;Fu ;DalGwt 5g\
eGg] jf:tljstfdf cfwfl/t 5g\ . oL ;d'bfo jf ;d"xx¿nfO{ ljsf;df d"nk|jfxLs/0f u/L ltgsf]
;fdflhs, dfgjLo tyf ;f+:s[lts l:yltdf ;'wf/ Nofpg] s'/fdf ljsf; of]hgfx¿n] s]Gb|Lo hf]8
lbPsf 5g\ .
#= :jtGq Gofokflnsf Gofo / dfgj clwsf/sf] cfwf/sf] ¿kdf
(!= :jtGq Gofokflnsf dfgj clwsf/;DaGwL g]kfnsf gLltx¿sf] Pp6f d"n tTj xf] . :jtGq
Gofokflnsfsf] cjwf/0ffnfO{ ;+ljwfgn] dfGotf lbFb} Gofo k|0ffnLnfO{ yk ;'b[9 agfPsf] 5 .
GofokflnsfnfO{ Gofo ;Dkfbg ug]{ / hgtfsf clwsf/sf ;+/If0f ug]{ sfo{df k"0f{ :jtGqtf 5 .
$= gful/s ;dfh;“usf] ;xsfo{
(@= k/Dk/ut s]Gb|Ls[t zf;g Joj:yf pkfudnfO{ kl/Tofu ub}{ ;/sf/L gLltx¿n] ljsf; k|lqmofdf
u}/;/sf/L ;+:yf tyf lghL If]qnufot gful/s ;dfh;Fusf] ;xsfo{df a9\bf]¿kdf hf]8 lbFb}
cfPsf 5g\ . u}/;/sf/L ;+:yfx¿nfO{ cfly{s tyf ;dflhs ljsf; k|lqmofdf lqmofzLn agfpg]
/ ltgsf ;|f]t ;fwgx¿sf] kl/rfngnfO{ kf/bzL{ / bIf agfpg] p2]Zon] y'k|} gLltx¿ cjnDag
eO/x]sf 5g\ .
%= n}l·s d"nk|jfxLs/0f
(#= dlxnfsf] ;zQmLs/0f tyf ljsf;sf] dfWodaf6 n}lËs d"nk|jfxLs/0fdf g]kfn ;/sf/sf gLltx¿n]
pRr dxTj lbPsf 5g\ . zf;g Joj:yf / ljsf; k|lqmofdf dlxnfsf] d"nk|jfxLs/0fdf of]ubfg
lbg /fli6«o dlxnf cfof]unufotsf ljleGg ;+:yfx¿sf] Joj:yf ePsf] 5 . u|fdL0f dlxnfsf]
;zQmLs/0f ;a} ;Da4 ;/sf/L pkfox¿sf] ;femf ;jfn xf] . n}lËs pQ/bfoL ah]6 tyf n}lËs
n]vfk/LIf0f k|0ffnLx¿sf] klg cjnDag eO/x]sf] 5 .
^= sfg"gL ;'wf/
($= g]kfn ;/sf/n] dfgj clwsf/;DaGwL g]kfnsf] k|lta4tfnfO{ Jojxf/df ptfg]{ Pp6f dxTjk"0f{
dfWod÷;fwgsf] ¿kdf sfg"gL pkfox¿df ;b}j hf]8 lbFb} cfPsf] 5 . kmn:j¿k, ;"rgfsf] xs,
n}lËs ;dfgtf, ;fj{hlgs vl/b, d'b|f lgd{nLs/0f, sfg"gL ;xfotf, >d, ;'zf;g, e|i6frf/ lgjf/0f
tyf sf/fuf/ ;'wf/h:tf dxTjk"0f{ If]qx¿df y'k|} sfg"gx¿ ag]sf 5g\ jf ltgdf kl/dfh{g ePsf]
5 . g]kfn ;/sf/n] dfgj clwsf/ pkfuddf cfwfl/t eO{ a[xt\ b]jfgL tyf kmf}Hbf/L ;+lxtf /
sfo{ljlw ;+lxtfx¿sf] th'{df ul//x]sf] 5 . sfo{:yndf x'g] of}ghGo lx+;f lgif]w ug]{ ;DaGwL ljw]os
klg ljrf/fwLg 5 .
&= n}l·s lx+;flj?4 z"Go;xgzLntf
(%= ;g\ @)!) nfO{ n}lËs lx+;flj?4sf] jif{sf] ¿kdf dgfpg] p2]Zon] Pp6f ljz]if sfo{qmd k|f/De
ePsf] 5 . g]kfn ;/sf/n] n}lËs lx+;flj?4 /fli6«o sfo{of]hgf -;g\ @)!)_ u|x0f u/]sf] 5 . of]
sfo{of]hgf o; If]qsf] Psdfq gLltut b:tfj]h xf], / o;sf] sfof{Gjogsf] cg'ejsf cfwf/df
Pp6f bL3{sfnLg of]hgf th'{df ul/g]5 . o; sfo{of]hgfn] n}lËs lx+;fnfO{ :jf:Yosf] If]qaf6
dxTjsf ;fy ;Daf]wg u/]sf] 5 / n}lËs lx+;fnfO{ ;Daf]wg ug{ :jf:Yo, lzIff, sfg"gL clwsf/,
;'/Iff / ;+/If0fh:tf ljleGg cfofdx¿df s]lGb|t eO{ k|of; ug'{kg]{ s'/fnfO{ o; sfo{of]hgfn]
cfTd;ft u/]sf] 5 . n}lËs lx+;flj?4sf ph'/Lx¿ ;DalGwt lgsfox¿n] lng OGsf/ u/]df jf
/fd|/L cg';Gwfg / ;'g'jfO{ gu/]df tTsfn ;xof]u ug{ ;lsof];\ eGg] p2]Zon] k|wfgdGqL tyf
dlGqkl/ifb\sf] sfof{nodf n}lËs lx+;flj?4 ph'/L Joj:yfkg tyf cg'udg OsfO{sf] :yfkgf ePsf]
5 .
*= ;fd'bflos jg
(^= ;fd'bflos jgsf] cjwf/0ff ;g\ !(&* b]lv z'? ePsf] xf] . jg If]qsf] u'?of]hgf, !(*(, kRrL;
jifL{o gLlt tyf of]hgf ;+/rgfn] kof{j/0fLo k|0ffnLsf] ;+/If0f u/L :yfgLo txdf cfly{s j[l4nfO{
of]ubfg lbg] nIo /fv]sf] 5 . o;n] ;/sf/L jg :jtGq / :jzfl;t lgsfosf] ¿kdf /x]sf
;fd'bflos jg pkef]Qmf ;d"xx¿nfO{ x:tfGt/0f ug]{ kl/sNkgf u/]sf] lyof] . jg P]g, @)$( tyf
jg lgodfjnL, @)%! sf] ;fy} jg If]q;DaGwL gLlt, @))) n] ;fd'bflos jgsf] Joj:yfkgdf
:yfgLo hgtfnfO{ ;f/e"t clwsf/ k|bfg u/]sf] 5 . of] gjLg k|lqmofsf] kmn:j¿k clxn] jg If]qn]
d'n'ssf] s'n e"If]qkmnsf] #( k|ltzt 9fs]sf] 5 .
u= r'gf}tL / cj/f]wx¿
(&= y'k|} gLltut, sfg"gL tyf ;+:yfut pkfox¿ cjnDag ul/Psf] eP tfklg dfgj clwsf/ pkef]u
ug]{ hgtfsf] Ifdtfdf ljleGg tTjx¿n] cj/f]w k'¥ofPsf 5g\ / o:tf cj/f]wx¿ ;'zf;g tyf
/fHosf cËx¿sf] ;+/rgfTds tyf sfof{Tds ;Ifdtf;Fu klg ;DalGwt 5g\ .
(*= g]kfn ;ª\qmd0fsfnLg r/0faf6 u'lh|/x]sf] 5, h'g :jefjtM clglZrttf / cl:y/tfsf] ;ld>0f
x'G5 . kmntM o;n] ;fj{hlgs gLltx¿sf] tyf /fhgLlts, ;fdflhs tyf cfly{s If]qx¿df l:y/tf
sfod /fVg] kIfdf k|efj kfg'{sf] ;fy;fy} cjnDag ul/Psf gLltx¿sf] sfof{Gjogdf klg ljnDa
u/fPsf] 5 . bf];|f], nf]stGq tyf dfgj clwsf/nfO{ s]Gb|df /fvL ;xdlt sfod ug]{ s'/f g]kfnsf]
zflGt k|lqmofsf] cfwf/:tDe xf] . /fhgLlts, cfly{s, ;fdflhs ¿kfGt/0f tyf ljsf; ;DaGwdf
Jofks /fli6«o ;xdltdf cfwfl/t /fli6«o sfo{of]hgf cem} to x'g ;s]sf] 5}g . t];|f], cGo s'/fsf
cltl/Qm, zflGt, ;'/Iff / ;fdflhs–cfly{s ljsf; ;'lglZrt u/L ul/aL lgjf/0f / ;fdflhs
Gofosf] If]qdf w]/} sfd ug'{kg]{5 . rf}yf], ;LdfGts[t jf hf]lvddf k/]sf ;d'bfo jf ;d"xx¿nfO{
cfwf/e"t ;]jf pknJw u/fpg] tyf nf]stflGqs ;+/rgfleq ;fdflhs tyf cfly{s ¿kfGt/0fnfO{
;+:yfut ug]{ /fHosf] bfloTj k"/f ug{ /fHon] d"ne"t¿kdf ;|f]t ;fwg;DaGwL cj/f]wsf] ;fdgf
ug'{k/]sf] 5 . kfFrf}F, ;z:q åGåaf6 k|efljt dlxnf, afnaflnsf tyf kl/jf/x¿sf] k'gM:yfkgf sfo{
klg cem} k"0f{¿kn] ;DkGg x'g afFsL 5 .
((= ul/aL tyf jftfj/0fLo ljgf;h:tf ljleGg cfly{s tyf ;fdflhs ;jfnx¿ klg dfgj clwsf/sf]
pkef]udf a9\bf] r'gf}tLsf] ¿kdf /x]sf 5g\ . g]kfnn] ul/aL lgjf/0fsf] nflu ax'cfoflds gLlt
/ /0fgLlt clVtof/ u/]sf] 5 . tyflk, ul/aL lgjf/0fsf] l:ylt klxn] h:t} w'ldn (Elusive) 5 .
hg;ª\Vof j[l4b/ cem} klg pRr 5 . t;y{, s]xL pknlJwx¿ xfl;n eP tfklg ul/aL lgjf/0f ug]{
tyf ul/a / wgLaLrsf] a9\bf] vf8nnfO{ Go"gLs/0f ug]{ s'/f g]kfnsf] nflu ljsf;;DaGwL s]Gb|Lo
r'gf}tLsf] ¿kdf /x]sf] 5 . sl/a @%=$ k|ltzt hgtf cem} klg ul/aLsf] /]vfd'lg /x]sf 5g\ .
clzIff, ul/aL tyf s'kf]if0fsf] sf/0fn] s[lif If]qdf Jofks cb[Zo a]/f]huf/L 5 . km/flsnf] cfly{s
j[l4 ug]{ nIo k|flKtdf /fhgLlts cl:y/tf, hnjfo' kl/jt{gsf] k|efj, ljZjJofkLs/0fsf] Jofks
k|efj tyf a9\bf] k|lt:kwf{Tds / clglZrt ljZj Jofkf/ jftfj/0fnufot y'k|} tTjx¿n] k|efj kfg{
;Sb5g\ eGg] s'/fdf g]kfn ;/sf/sf] rf;f] /x]sf] 5 . ;|f]t ;fwgsf] sdL tyf ;an / kl/kSj
/fli6«o nf]stflGqs ;+:yfx¿sf] ljBdfgtfh:tf dfgj clwsf/;DaGwL k"jf{wf/sf] sdLsf] sf/0fn]
dfgj clwsf/k|ltsf] cfˆgf] k|lta4tf sfof{Gjog ug{ g]kfnn] ax'cfoflds r'gf}tLx¿sf] ;fdgf
ul//x]sf] 5 .
!))= clt–sdljsl;t e"kl/j]li7t /fi6« g]kfnsf] Jofkf/sf] bfo/f ;fF3'/f] / sf/f]jf/ vr{ Hofb} pRr 5 .
d"No j[l4, vfB e08f/0f tyf ljZjJofkL cfly{s tyf ljQLo ;ª\s6sf] uDeL/ c;/n] ;dfhsf
hf]lvddf /x]sf tyf ;LdfGts[t ju{sf] l:yltnfO{ rsf]{ c;/ kf/]sf] / g]kfnL hgtfsf] dfgj
clwsf/sf] pkef]udf k|lts"n k|efj kf/]sf] 5 .
!)!= hnjfo' kl/jt{g ljsf;sf] nflu a9\bf] r'gf}tLsf] ¿kdf /x]sf] 5 . jg ljgf;, lxdtfn kUng],
lxdtfn ljikmf]6gsf] pRr vt/f, e"Ifo, pTkfbsTjdf sdL, d?e"dLs/0f, af9L, klx/f], tyf h}ljs
ljljwtfdf sdLn] hgtfsf] hLjg / hLljsf]kfh{gnfO{ ;ª\s6df kfg]{ clgolGqt / uDeL/ jftfj/0fLo
;ª\s6 pTkGg u/fO/x]sf 5g\ . g]kfn lxdfnL / s[lifk|wfg d'n's ePsf] ;Gbe{df hnjfo' kl/jt{gsf
k|efjx¿ eljiodf ljs/fn x'g ;Sb5g\ .
!)@= ;ª\qmd0fsfnLg r/0f t/n / sl7g cjlw xf] . e|i6frf/ / b08xLgtfh:tf r'gf}tLx¿n] o; r/0fdf
s'g} klg /fi6«nfO{ k|efljt ub{5g\ . s'g} klg nf]stflGqs ;dfhsf] cTofjZos cfwf/lznfsf]
¿kdf /xg] ljlwsf] zf;gsf] :yfkgf d"n sfd ePsf] 5 . ;an / ;dfj]zL nf]stGqn] Jofks
/ bL3{sfnLg¿kdf oL r'gf}tLx¿sf] ;fdgf ug{ ;3fpg ;Sb5 eGg] g]kfnsf] b[9ljZjf; 5 .
;f]xLcg'¿k, g]kfn ;/sf/n] oL ;jfnx¿nfO{ ;Daf]wg ug{ y'k|} pkfox¿ cjnDag u/]sf] 5 /
cjnDag ug]{5 . o:tf pkfox¿df ljlwsf] zf;gk|ltsf] clea[4 ;Ddfg, ;Da4 sfg"gsf], dfgj
clwsf/;DaGwL ;lGwsf] tyf ;jf]{Rr cbfnt / /fli6«o dfgj clwsf/ cfof]uaf6 lbOPsf lgb]{zg
tyf l;kmfl/;x¿sf] cem k|efjsf/L sfof{Gjogdf hf]8, ;Da4 ;+:yf / ;'/Iff lgsfox¿nfO{ kof{Kt
;|f]t, ;fwg ;DkGg agfO{ ;an agfpg] tyf a]kQf / ;To lg¿k0f tyf d]nldnfk cfof]ux¿ u7g
ug]{ s'/fx¿ ;d]t ;dfj]z 5g\ .
!)#= g]kfn ;/sf/n] :yfgLo lgsfox¿nfO{ hg;Dks{sf] klxnf] ljGb'sf] ¿kdf lnPsf] 5 . lgIf]k0f,
ljs]Gb|Ls/0f / :yfgLo txdf ;'zf;gsf] dfWodsf] ¿kdf /x]sf :yfgLo lgsfox¿ w]/} nfdf]
;dob]lv /fhgLlts g]t[TjljxLg /x]sf 5g\ . o;n] hgtfnfO{ cfwf/e"t ;]jf k|efjsf/L / bIf
lsl;dn] ljt/0f ug]{ sfddf k|lts"n k|efj kf/]sf] 5 . g]kfn ;/sf/n] ;dlk{t kbflwsf/Lx¿sf]
;d"xdfkm{t hgtfnfO{ ;]jf pknJw u/fpg] k|of]hgsf] nflu j}slNks k|jGwx¿ u/]sf] eP tfklg
lgjf{lrt lgsfosf] s'g} klg ljsNk x'g ;Sb}g eGg] g]kfn ;/sf/sf] wf/0ff 5 .
&= d'Vo d'Vo /fli6«o k|fyldstf, kxn / k|lta4tfx¿
!)$= ;d:of / cj/f]wx¿nfO{ ;Daf]wg ug]{ p2]Zon] g]kfn ;/sf/n] ljleGg lqmofsnfkx¿nfO{ d'Vo
d'Vo /fli6«o k|fyldstf / k|lta4tfsf] ¿kdf klxrfg u/]sf] 5, vf;u/L, ljlwsf] zf;gnfO{
;+:yfut ug]{, hf/L zflGt k|lqmofnfO{ ;fy{s lgisif{df k'¥ofpg], gofF ;+ljwfg agfpg], /fHosf]
nf]stflGqs, ;ª\3Lo, ;dfj]zL / cu|ufdL k'gM;+/rgf ug]{, dfcf]jfbL n8fs'x¿sf] k'gM:yfkgf
/ PsLs/0f, ;fdflhs–cfly{s ¿kfGt/0f tyf ;Gt'lnt / ;dfj]zL ljsf;sf] k|lqmofnfO{ tLj|
agfpg km/flsnf] cfly{s j[l4 xfl;n ug]{, cfjZos sfg"gL ;'wf/ ug]{ / ;Da4 sfg"gx¿sf]
k|efjsf/L sfof{Gjog ug]{, dfgj clwsf/;DaGwL /fli6«o sfo{of]hgf tyf dlxnflj?4sf ;a}
lsl;dsf e]befj pGd"ng ug]{ dxf;lGw, ckfËtf ePsf JolQmsf] clwsf/;DaGwL /fli6«o
sfo{of]hgfx¿nufotsf cGo /fli6«o sfo{of]hgfx¿sf] k|efjsf/L sfof{Gjog ug]{, ljZj >d
;+u7gsf] dxf;lGw !^( ;DaGwL sfo{of]hgfsf] th'{df / sfof{Gjog ug]{, dfgj clwsf/;DaGwL
/fli6«o ;+:yfx¿sf] ;+:yfut ;'b[9Ls/0f ug]{ tyf sfg"gL ;'wf/ / sfg"g sfof{Gjog ug]{
lgsfox¿nfO{ ;xof]u lbg], ;dy{g ug]{ .
!)%= To;} u/L, ;lGw cg'udg ug]{ lgsfodf k|ltj]bg k]z ug]{ ;DaGwL ;Ifdtf ljsf;, s'g} klg ¿kdf
/x]sf] b08xLgtf cGTo ug]{, ;ª\qmd0fsfnLg Gofo pknJw u/fpg], hftdf cfwfl/t ;a} lsl;dsf
lje]bsf] cGTo ug]{, hftLo lje]b pGd"ng ug]{ ;DaGwL cGt/f{li6«o dxf;lGwsf] k|efjsf/L sfof{Gjog
ug]{, n}lËs lx+;f cGTo ug]{, dfgj clwsf/ ;lGwcGtu{tsf] bfloTjsf] sfof{Gjog l:yltsf] /fli6«o
txdf cg'udg ug]{, sf/fuf/ tyf y'g'jf s]Gb|x¿df ;'wf/ ug]{, sfg"g sfof{Gjog ug]{ lgsfo,
;z:q k|x/L tyf k|x/L anx¿nfO{ dfgj clwsf/;DaGwL clea[4 lzIff lbg] s'/fx¿ klg d'Vo
d'Vo k|fyldstf / k|lta4tfx¿ x'g\ . k|lta4tfdf ;+o'Qm /fi6«;ª\3, dfgj clwsf/ ;+oGqx¿ tyf
cGt/f{li6«o ;d'bfo;Fusf] lg/Gt/ ;+/rgfTds ;+nUgtf / gful/s ;dfh;Fusf] lgs6 ;xsfo{ ;d]t
;dfj]z 5g\ .
*= ;Ifdtf ljsf; tyf k|fljlws ;xof]u
!)^= ;d:of tyf cj/f]wx¿sf] k|s[ltnfO{ b[li6ut ubf{, o; If]qdf y'k|} pknlJwx¿ xfl;n ePsf] eP
tfklg Jojxf/df dfgj clwsf/sf] ;+/If0f tyf k|j4{gsf] ck]lIft tx xfl;n ug{ / cGt/f{li6«o
;lGwx¿cGtu{tsf] bfloTj k"/f ug{ 3/]n' k|oTgx¿ dfq} kof{Kt 5}gg\ . lbuf] pknlJw xfl;n ug{
gLlt, of]hgf / /0fgLltx¿sf] ;d'lrt sfof{Gjog cfjZos x'G5 eGg] g]kfn ;/sf/sf] b[li6sf]0f 5 .
ljleGg cGt/f{li6«o ;+:yf tyf ljb]zL ;/sf/x¿af6 ljsf; ;xfotf k|fKt ug{ g]kfn ;Ifd ePsf]
5 . o:tf] ;xfotfn] ;fdflhs tyf cfly{s ljsf;df dxTjk"0f{ of]ubfg lbPsf] 5, / kmn:j¿k
dfgj clwsf/;Fu ;DalGwt pkfox¿nfO{ 6]jf k'¥ofPsf] 5 .
!)&= cGo s'/fsf cltl/Qm, gful/s ;dfh;Fusf] cem k|efjsf/L ;xsfo{ xfl;n ug{, ;+o'Qm /fi6«;ª\3Lo
dfgj clwsf/;DaGwL ;lGwx¿cGtu{tsf ;+oGqx¿df cem a9L ;+nUg x'g, sfg"gL tyf ;+:yfut
;'wf/ ug{, dfgj clwsf/sf l;4fGtx¿sf] cjnDagsf] dxTjsf] af/]df Gofokflnsf, sfg"g
sfof{Gjog ug]{ clwsf/L, :yfgLo lgsfox¿nfO{ cem a9L k|lzlIft agfpg, gful/s ;dfhnfO{
dfgj clwsf/sf] ;+/If0f tyf k|j4{gdf cem k|efjsf/L of]ubfg lbg ;an agfpgsf] nflu ;Ifdtf
clej[l4 / k|fljlws ;xof]usf] cfjZostf g]kfn ;/sf/n] dx;'; u/]sf] 5 .
!)*=g]kfn nf]stflGqs ;ª\qmd0fsfnaf6 u'lh|/x]sf] 5 . vf;u/L, åGåf]Q/ ;dfhx¿df nf]stGqsf
cfwf/x¿ k[i7kf]if0f ug{sf] nflu c6'6 cGt/f{li6«o ;b\efj, ;dembf/L / ;dy{g klg cfjZos
x'G5 . cGt/f{li6«o ;d'bfoaf6 k|fKt d"Nojfg ;xof]u / ;dy{gnfO{ k|z+;f ub}{ g]kfn ;/sf/n] zflGt
lgdf{0fsf k|of;x¿nfO{ ;an¿kn] ;+:yfut ug]{, /fli6«o nf]stflGqs ;+:yfx¿sf] ;~hfn lgdf{0f
ug]{ tyf ;fdflhs, cfly{s ¿kfGt/0fsf] ultnfO{ tLj| agfpg] cfˆgf k|oTgx¿df cem pGgt txsf]
;dy{g lg/Gt/¿kn] kfpg] cfzf u/]sf] 5 .
__________________
i.
klxnf] x'g] lgjf{lrt x'g] lgjf{rg k|0ffnLcg';f/ lgjf{lrt @$) hgf, ;dfg'kflts lgjf{rg k|0ffnLcg';f/ lgjf{lrt
#@% hgf / dlGqkl/ifb\af6 dgf]gLt @^ hgf ;b:ox¿ u/L ;+ljwfg;efdf ^)! hgf ;b:o /x]sf 5g\ .
ii.
g]kfnsf] cGtl/d ;+ljwfg, @)^#, efu #, wf/f !@ b]lv #@ . df}lns xsx¿ lgDgfg';f/ 5g\M :jtGqtfsf] xs,
;dfgtfsf] xs, 5'jf5't tyf hftLo e]befj lj?4sf] xs, k|sfzg, k|;f/0f tyf 5fkfvfgf;DaGwL xs, jftfj/0f
tyf :jf:Yo;DaGwL xs, lzIff tyf ;+:s[lt;DaGwL xs, /f]huf/L tyf ;fdflhs ;'/Iff;DaGwL xs, ;DklQsf] xs,
dlxnfsf] xs, ;fdflhs Gofosf] xs, afnaflnsfsf] xs, wd{;DaGwL xs, Gofo;DaGwL xs, lgjf/s gh/aGb
lj?4sf] xs, oftgf lj?4sf] xs, ;"rgfsf] xs, uf]kgLotfsf] xs, zf]if0f lj?4sf] xs, >d;DaGwL xs, b]z lgsfnf
lj?4sf] xs, tyf ;+j}wflgs pkrf/sf] xs .
iii.
oL sfg"gx¿ x'g\ M ufnL / a]OHhtL P]g, @)!^, sf/fuf/ P]g, @)!(, s]xL ;fj{hlgs -ck/fw / ;hfo_ P]g, @)@&,
ljjfx btf{ P]g, @)@*, ckfË -;+/If0f tyf sNof0f_ P]g, @)#(, g]kfn ;lGw P]g, @)$&, >d P]g, @)$*, 5fkfvfgf
/ k|sfzg;DaGwL P]g, @)$*, ;dfh sNof0f P]g, @)$(, afnaflnsf;DaGwL P]g, @)$*, 6«]8 o'lgog P]g, @)$(,
;/sf/L d'2f;DaGwL P]g, @)$(, lghfdtL ;]jf P]g, @)$(, oftgf;DaGwL Ifltk"lt{ P]g, @)%#, dfgj clwsf/
cfof]u P]g, @)%#, sfg"gL ;xfotf;DaGwL P]g, @)%$, pkef]Qmf ;+/If0f P]g, @)%$, :yfgLo :jfoQ zf;g P]g,
@)%%, afn>d -lgif]w / lgoldt ug]{_ P]g, @)%&, sd}of >d -lgif]w ug]{_ ;DaGwL P]g, @)%*, g]kfn gful/stf
P]g, @)^#, dfgj a]rlavg tyf cf];f/k;f/ lgoGq0f P]g, @)^$ .
iv.
of] cfof]u dfgj clwsf/ cfof]u P]g, @)%# af6 :yflkt ePsf] xf] .
v.
;a} lsl;dsf hftLo e]befj pGd"ng ug]{ ;DaGwL cGt/f{li6«o dxf;lGw, cfly{s, ;fdflhs tyf ;f+:s[lts
clwsf/;DaGwL cGt/f{li6«o k|lt1fkq, gful/s tyf /fhgLlts clwsf/;DaGwL cGt/f{li6«o k|lt1fkq, gful/s tyf
/fhgLlts clwsf/;DaGwL cGt/f{li6«o k|lt1fkqsf] :j]lR5s k|f]6f]sn, d[To'b08 pGd"ng ug]{ p2]Zon] Joj:yf ePsf]
gful/s tyf /fhgLlts clwsf/;DaGwL cGt/f{li6«o k|lt1fkqsf] bf];|f] :j]lR5s k|f]6f]sn, dlxnf lj?4sf ;a} k|sf/sf
e]befj pGd"ng ug]{ ;DaGwL dxf;lGw, dlxnf lj?4sf ;a} k|sf/sf e]befj pGd"ng ug]{ ;DaGwL dxf;lGwsf]
:j]lR5s k|f]6f]sn, oftgf tyf cGo q'm/, cdfgjLo jf ckdfghgs Jojxf/ jf b08 lj?4sf] dxf;lGw, afn
clwsf/;DaGwL dxf;lGw, ;z:q åGådf afnaflnsfsf] ;+nUgtfsf ;DaGwdf Joj:yf ePsf] afn clwsf/;DaGwL
dxf;lGwsf] :j]lR5s k|f]6f]sn, afnaflnsfsf] a]rlavg, afn j]Zofj[lQ tyf afn clZnn lrq0f ;DaGwdf Joj:yf
ePsf] afn clwsf/;DaGwL dxf;lGwsf] :j]lR5s k|f]6f]sn, ckfËtf ePsf JolQmsf] clwsf/;DaGwL dxf;lGw tyf
ckfËtf ePsf JolQmsf] clwsf/;DaGwL dxf;lGwsf] :j]lR5s k|f]6f]sn .
vi.
tL dxf;lGwx¿ x'g\ M ;fKtflxs labf -pBf]u_ ;DaGwL dxf;lGw, !(@) -;ª\Vof !$_, afWosf/L >d;DaGwL dxf;lGw,
!(#) -;ª\Vof @(_, ;+ul7t x'g] tyf ;fd"lxs ;f}bfjfhL ug]{ clwsf/;DaGwL dxf;lGw, !($( -;ª\Vof (*_, ;dfg
kfl/>lds;DaGwL dxf;lGw !(%! -;ª\Vof !))_, ano'Qm >d pGd"ng;DaGwL dxf;lGw -;ª\Vof !)%_, e]befj
-/f]huf/L / k]zf_ ;DaGwL dxf;lGw, !(%* -;ª\Vof !!!_, Go"gtd Hofnf lgwf{/0f;DaGwL dxf;lGw, !(&) -;ª\Vof
!#)_, Go"gtd pd]/;DaGwL dxf;lGw, !(&# -;ª\Vof !#*_, lqkIfLo k/fdz{ -cGt/f{li6«o >d dfkb08_ ;DaGwL
dxf;lGw, !(&^ -;ª\Vof !$$_, lgs[i6 k|sf/sf] afn>d lj?4sf] dxf;lGw, !((( -;ª\Vof !*@_, tyf cflbjf;L
hghflt;DaGwL dxf;lGw !(*( -;ª\Vof !^(_ .
vii.
ltgdf b]xfosf dxf;lGwx¿ ;d]t ;dfj]z 5g\ M bf;Tj dxf;lGw, bf;Tj dxf;lGwnfO{ ;+zf]wg ug]{ k|f]6f]sn,
bf;Tj, bf; Jofkf/ / bf;Tj ;dfgsf ;+:yf / cEof;x¿sf] pGd"ng;DaGwL k"/s dxf;lGw, hflt xTof /f]syfd /
;hfo;DaGwL dxf;lGw, hLp df:g] a]Rg] tyf c¿sf] j]Zofj[lQsf] zf]if0fsf] bdgsf nflu Joj:yf ePsf] dxf;lGw,
dlxnfx¿sf] /fhgLlts clwsf/;DaGwL dxf;lGw, /Ëe]b ck/fwsf] bdg / b08;DaGwL cGt/f{li6«o dxf;lGw,
v]ns'bdf /Ëe]b lj?4sf] cGt/f{li6«o dxf;lGw .
viii. ltgdf b]xfosf clwsf/x¿ ;d]t ;dfj]z 5g\ M ljrf/ tyf cleJolQm :jtGqtf, zflGtk"j{s e]nf x'g] :jtGqtf,
;ª\3;+:yf vf]Ng] :jtGqtf, cfjt hfjt ug]{ :jtGqtf, k]zf, Joj;fo jf Jofkf/ ug]{ :jtGqtfsf] xs, dlxnf,
afnaflnsf / cGo lk5l8Psf] ju{sf nflu ;sf/fTds lje]b;lxt ;dfgtfsf] xs / sfg"gsf] ;dfg ;+/If0fsf] xs,
wd{, j0f{, hft, lnË cflbsf cfwf/df e]befj lj?4sf] xs, hft, ;d'bfo jf k]zfsf cfwf/df 5'jf5't tyf hftLo
e]befj lj?4sf] xs, k|sfzg, k|;f/0f tyf 5fkfvfgf;DaGwL xs, wd{;DaGwL xs, :j]R5frf/L k|qmfp, y'gf / b08
lj?4sf] :jtGqtf, ;Ifd cbfnt jf Goflos lgsfoaf6 :jR5 ;'g'jfO{sf] xsnufot kmf}Hbf/L Gofo;DaGwL xs,
oftgf lj?4sf] xs, ;"rgfsf] xs, uf]kgLotfsf] xs, ;DklQsf] xs / b]z lgsfnf lj?4sf] xs .
Nepal's Draft report of the Working Group on
the Universal Periodic Review
(UN Human Rights Council, Working group on the universal periodic review, Tenth
session, Geneva, 24 January – 4 February 2011)
INTRODUCTION
1.
The Working Group on the Universal Periodic Review (UPR), established in accordance
with Human Rights Council resolution 5/1 of 18 June 2007, held its tenth session from
24 January to 4 February 2011. The review of Nepal was held at the third meeting on 25
January 2011. The delegation of Nepal was headed by Her Excellency Sujata Koirala,
Deputy Prime Minister and Minister for Foreign Affairs. At its seventh meeting held on 27
January 2011, the Working Group adopted the report on Nepal.
2.
On 21 June 2010, the Human Rights Council selected the following group of rapporteurs
(troika) to facilitate the review of Nepal: Republic of Moldova, Cuba, Qatar.
3.
In accordance with paragraph 15 of the annex to resolution 5/1, the following documents
were issued for the review of Nepal:
(a)
A national report submitted/written presentation made in accordance with paragraph
15 (a) (A/HRC/WG.6/10/NPL/1 and A/HRC/WG.6/10/NPL/1/Corr.1);
(b)
A compilation prepared by the Office of the High Commissioner for Human Rights
(OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/10/NPL/2);
(c)
4.
A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/
WG.6/10/NPL/3).
A list of questions prepared in advance by Canada, Czech Republic, Denmark, France,
Germany, Ireland, Maldives, Netherlands, Norway, Slovenia, Sweden, Switzerland and
United Kingdom of Great Britain and Northern Ireland was transmitted to Nepal through
the troika. These questions are available on the extranet of the UPR.
I.
SUMMARY OF THE PROCEEDINGS OF THE REVIEW PROCESS
A.
Presentation by the State under review
5.
In her introductory statement, the head of the delegation indicated that Nepal considers
the UPR as an important process of discussing achievements, identifying constraints and
challenges, and sharing best practices.
6.
The Nepali democratic history has been characterized by struggles and immense sacrifices
by the people of Nepal. The peaceful People’s Movement of 2006 was decisive in
reinstating democratic values, norms and institutions, unequivocally expressing people’s
aspiration for peace, security and democracy.
7.
The 2006 Comprehensive Peace Accord, which formally ended the armed conflict
paved the way for the establishment of the universally accepted human rights, multiparty
competitive democratic system, rule of law, constitutional checks and balances and
independent judiciary. The most defining feature was the election of the Constituent
Assembly in 2008, which is fully reflective of Nepal’s social diversity for the first time
in its history. It performs dual functions of writing a constitution and acting as legislature
parliament.
8.
It has been a long standing policy of Nepal to remain constructively engaged with the
international community since it joined the United Nations in 1955.
9.
Nepal maintains an open and constructive dialogue with the Office of the High
Commissioner for Human Rights, including its country office, the UN treaty bodies and
the special procedures mandate holders and other international human rights institutions.
At the invitation of the Government, various special procedures and mandate holders
have visited Nepal.
10.
Nepal is committed to strike a balance between peace and justice to the victims as provided
in the Comprehensive Peace Accord and the Constitution. The Bills for the establishment
of mechanisms for providing transitional justice have been submitted to the Parliament.
Nepal is committed to end impunity.
11. The delegation noted that its independent judiciary stands as a core element of the
institutional arrangement on human rights. The Supreme Court and entire branches of
judiciary have stood exemplary in promoting and protecting human rights through various
judgments.
12.
The National Human Rights Commission is a constitutional body with full autonomy. The
National Foundation for the Development of Indigenous Nationalities, National Women
Commission and National Dalit Commission are also the national human rights institutions
established for the promotion and protection of the human rights of indigenous people,
women and dalit respectively.
13.
The delegation referred to several policies and actions plans to provide non-discriminatory
and decent work opportunities; as well as policies to forge participation, protection and
promotion of women in conflict resolution and other activities. It also referred to policies
to address the issue of trafficking in person and to promote the rights of persons with
disabilities.
14. Despite not being a party to the 1951 Convention of the Status of Refugees and 1967
Protocol, Nepal indicated that it has been providing shelter to over a hundred thousand
Bhutanese refugees on humanitarian ground. It expressed appreciation to the Core Group
of countries that have generously offered third country resettlement programme for
refugees.
15.
The delegation indicated that one of the important achievements made in the peace process
has been the release and reintegration of child soldiers, and thanked the international
community including the United Nations for their goodwill and co-operation in this
regard.
16. Nepal is committed to the protection and promotion of rights of the indigenous
nationalities, dalit and marginalized groups. Nepal referred to significant achievements
in social development in recent years despite having emerged from over a decade long
armed conflict.
17. There has been a tremendous awareness of people across the country and people speak
freely and without fear about their rights. A free and responsible media has remained
engrained in democratic movements of Nepal.
18. At a time when Nepal is engaged in building national democratic institutions and
developing institutional frameworks for human rights, rule of law, and constitutionalism
to address the remnants of conflict period, the delegation looked forward to a candid and
constructive interaction and contributions to Nepal's UPR.
B.
Interactive dialogue and responses by the State under review
19. During the interactive dialogue, 55 delegations made statements. Additional statements
which could not be delivered during the interactive dialogue owing to time constraints are
posted on the Extranet of the universal periodic review when available.1 Recommendations
made during the dialogue are to be found in section II of the present report.
20. Myanmar congratulated Nepal on the success of its socio-economic and political
transformation within the framework of the democratic constitution. It also welcomed
policies giving considerable attention to the social inclusion of marginalized communities,
including efforts to reduce poverty and inequality. Myanmar made recommendations.
21. Algeria acknowledged the serious consequences of the conflict and the important
challenges faced to rebuild the national infrastructures and improve the enjoyment of
economic, social and cultural rights. Due to its limited resources, Nepal would require
generous international support. Algeria made recommendations.
22. Egypt noted Nepal was a least developed, landlocked, and post-conflict country. It
commended Nepal’s efforts in poverty alleviation, health, education, and housing. It
recognized the role of women in conflict resolution and the implementation of Nepal’s
obligations under CEDAW and the rights of the child. It made recommendations.
23. Bhutan noted that Nepal was going through a profound socio-economic transformation,
including the challenge of ensuring peace and security and socio-economic development.
Bhutan noted efforts taken to redress this situation and called upon the international
community to render continued support and goodwill. Bhutan made recommendations.
24. China noted with appreciation the institutional reforms undertaken by the Government.
It welcomed Nepal constructive participation in the work of various UN human rights
mechanisms. It acknowledged the serious difficulties faced by Nepal after ten years of
conflict and encouraged the international community to continue providing constructive
support. China made recommendations.
25. Japan commended Nepal’s efforts towards democratization and national reconciliation.
Japan is committed to continue providing assistance to Nepal. Japan raised concerns about
overcoming discrimination, reported misconduct by law enforcement authorities, human
trafficking and violence against women and children.
26.
Morocco highlighted Nepal’s human rights approach and the consequences of the armed
conflict. It referred to the various national human rights institutions,. It asked about efforts
1Latvia, Bangladesh, Ireland, Mexico, Afghanistan, Islamic Republic of Iran.
taken in the area of human rights education and training and about the Interim Triennial
Plan for poverty eradication. It made recommendations.
27. Thailand welcomed its attempt to promote the rights of all vulnerable and marginalized
groups, including migrants, Dalits, women, children and persons with disabilities. It
hoped that the newly established Special Committee for Supervision, Integration and
Rehabilitation will effectively undertake the functions carried out earlier by the UN
Mission in Nepal. Thailand made recommendations.
28. The Czech Republic appreciated that Nepal’s priorities include combating caste-based
discrimination. It noted that journalists face threats from armed groups, noting that women
human rights defenders and those representing sexual minorities were particularly at risk.
It made recommendations.
29. Brazil expressed appreciation for Nepal’s consideration of a bill to criminalize torture.
Brazil asked about the practical results of policies to combat trafficking and about the
institution charged with investigating complaints and providing assistance to victims
under the Domestic Violence Act. Brazil made recommendations.
30. Slovenia recognized the difficult democratic transition in Nepal. It asked whether it
intended to use the UN draft principles and guidelines for the effective elimination of
discrimination on the basis of work and descent as a guiding framework in combating
discrimination. Slovenia made recommendations.
31. Singapore noted Nepal is a landlocked, least developed country with diverse ethnicities
and cultures. It noted gender-mainstreaming, inclusion and equality as Nepal’s priorities
and welcomed the elimination of 65 discriminatory legal provisions in response to
CEDAW. It highlighted efforts to address housing issues. It made recommendations.
32. Hungary noted with satisfaction Nepal’s commitment to ensure the right to food of its
citizens. Hungary was highly alarmed by the culture of impunity, with regard to serious
human rights violations. It encouraged Nepal to provide better protection for children.
Hungary made recommendations.
33. Finland asked about the measures taken by Nepal to: ensure equal access to quality
education to girls, Dalit children and children belonging to ethnic minorities; ensure
that elements promoting gender and social equality in the Nepal Lands Act and other
legislation would be enforced in practice. Finland made recommendations.
34. Switzerland was concerned about impunity. It noted that the Special Rapporteur against
Torture highlighted systematic torture by the police and the Royal Army and that judicial
guarantees were systematically ignored. It welcomed Nepal’s revision of its legislaiton
with a view to criminalizing torture. It made recommendations.
35. Turkey congratulated Nepal for its efforts at creating a democratic society based on the
rule of law and respect for human rights. Turkey noted that continuation of the support
and assistance of the international community, in particular the United Nations, was of
utmost importance. Turkey made recommendations.
36. Spain encouraged Nepal to continue strengthening democracy. It commended Nepal for
being among the first Asian States to abolish death penalty and for the positive decisions
taken by the Supreme Court in favour of LGBT people, including the right to marry for
people of the same sex. Spain made recommendations.
37. Austria asked about steps taken to address discrimination and social exclusion related to
gender, caste, class and ethnicity and how the Government intends to hold accountable
public officials reported to practice torture... It asked about the return, rehabilitation and
reintegration of internally displaced peoples. It made recommendations.
38.
Cambodia welcomed Nepal’s commitment to human rights through policy and legislative
reform. Cambodia appreciated Nepal’s openness with human rights mechanisms and its
constructive cooperation with OHCHR and other international institutions. Cambodia
made recommendations.
39. India commended Nepal for giving priority to human rights and poverty alleviation. It
noted positively the country’s efforts on gender mainstreaming and women’s rights. India
expressed its support to the consolidation of the peace process, including through capacity
building. India made a recommendation.
40. Palestine welcomed Nepal’s Action Plan for Human Rights and the integration of human
rights programmes in its development plans. It highlighted the National Women’s
Commission and welcomed the inclusion of gender issues in development processes. It
made a recommendation.
41. Bahrain appreciated Nepal’s efforts to deliver free primary health care services and the
notable decline in maternal mortality and asked about services rendered to persons
with disabilities. Bahrain commended efforts to protect women’s rights and asked about
measures taken to promote the role of women in society.
42. The Russian Federation noted with appreciation Nepal efforts to realize socio-economic
and political changes. It commended Nepal for its active interaction with UN human rights
mechanisms and OHCHR. The Russian Federation recognized the serious challenges
faced by Nepal as LDC. The Russian Federation made recommendations.
43. In responding to questions, the delegation noted that it was encouraged by the
interventions, and appreciated the recognition of achievements. Nepal indicated that it has
adopted a range of policies, legal and institutional measures to ensure better protection
of the rights of the people. The rights-based and holistic approach is running across these
policies. Nepal has also significantly streamlined its activities to achieve the MDGs. Nepal
highlighted achievements and challenges in the social sector, including in the areas of
poverty alleviation and education.
44. In relation to questions about equality and non-discrimination, Nepal informed about
strategies that have been in place to address these issues.
45. Nepal also referred to actions plans and targeted programmes to control trafficking,
including trafficking of children.
46.
It reported about preventive programmes and plans recently developed to address health
issues of persons with disabilities.
47.
Nepal has joined several international instruments and undertaken voluntary commitments
in the field of human rights. Ratification of the UN Convention against Corruption and
Convention against Transnational Organized Crimes and its two Protocols is currently
under consideration by Parliament. It is currently also engaged in drafting enabling
legislation which would be required in the Rome Statute of the Criminal Court. Ground
work is also being carried out with a view to joining other treaties, particularly the UN
Convention on the Rights of Migrant Workers and their Families and the Palermo Protocols.
48. Regarding treaty-related issues, Nepal indicated that it believes that becoming a party to
international instruments is also an opportunity to make required legal and institutional
reforms. Ensuring effective implementation of an international treaty joined is as
important as joining it. Nepal reiterated that it would further undertake international
treaty commitments as and when so required taking into account the available requisite
infrastructures and enabling environment, as appropriate.
49.
Regarding cooperation with UN mechanisms, Nepal indicated that periodic reports under
the ICESCR, ICCPR, CRC, CERD and ILO Convention 169 are under consideration of
the Cabinet. Nepal indicated that it has always remained responsive to mandate holder’s
communications, despite various constraints. It has also welcomed visits of various
mandate-holders, valuing and incorporating relevant recommendations in its policy, legal
and institutional measures. Nepal remains open to visits of mandate-holders, but indicated
that, as the international community is well aware, Nepal is currently heavily occupied
with the daunting task of institutionalizing peace and framing a new constitution. Nepal
would welcome visits of mandate-holders at an appropriate earliest time.
50.
Nepal is engaged in drafting a democratic Constitution that is inclusive and that guarantees
all human rights. The Constitutional Committee and other thematic committees have
already submitted their report to the chairman of the Constitutional Assembly. Some of the
remaining issues are of highly sensitive nature but it is expected that national consensus
will be instrumental.
51. Nepal indicated that it is fully committed to establishing Constitutional supremacy,
ensuring the rule of law, good governance and human rights, as well as providing a
positive conclusion to the peace process by eliminating insecurity and addressing
impunity. Addressing impunity entails addressing the past and maintaining the rule of law
at present. Nepal is fully committed to work on both fronts.
52. In order to address the alleged past human rights violations, two bills have been tabled
in the Parliament for the establishment of Truth and Reconciliation Commission and the
Commission of Inquiry of the Disappeared.
53. Strong security and law enforcement measures are prerequisites to ending impunity. The
Special Programme for Effectiveness of Peace and Security, End to Impunity and Defending
Human Rights, accompanied by a code of conduct that aims at protecting human rights
and improving law and order situation has been implemented since 2009.
54.
Regarding questions on the National Human Rights Commission, the delegation indicated
that it is an autonomous institution by all standards, including financially. The selection
of the administrative personnel is done through competitive processes run by the Public
Service Commission. The NHRC can appoint its Experts. The Chairman and Members of
the Commission are appointed through the Constitutional Council. The Constitutional
Council has balanced representation of the Executive, Legislative and Judiciary, including
the Leader of the opposition in the Parliament. The representative of the Executive has one
vote. Questions have been raised regarding the compliance with the Paris Principles on
the basis of a draft law. The existent law is fully compliant with the Paris Principles. The
delegation considers that it is premature to question the efficacy of the institution on the
basis of a draft law that is still under consideration.
55. Regarding advance questions on refugees and stateless persons, despite not being a
party to the 1951 Convention relating to the Status of Refugees from Bhutan and its 1967
Protocol, Nepal has hosted over a hundred thousand refugees on humanitarian grounds.
Nepal has honored the rights of the refugees and anyone living in Nepal has to respect the
law of the land.
56. Regarding armed groups, the Government is in dialogue with various dissenting groups
that are of political nature. Agreements on peaceful settlements of disputes have been
reached with 22 such groups. The Government has been guided by a clear distinction
between political elements and criminal ones. To the latter, the Government responds
through appropriate law enforcement measures.
57. The Republic of Moldova encouraged Nepal to continue working for the rule of law.
It noted concerns about ill-treatment, sexual violence and lack of birth registration in
refugee camps. It asked about measures taken to protect refugees, asylum-seekers and
internally displaced people. It made recommendations.
58. The Philippines commended Nepal for placing human rights at the centre of its national
development plans. The enhanced participation of women in the legislature was a notable
achievement. The Philippines stated that the support of the international community was
essential. It made recommendations.
59. Canada encouraged Nepal to pass the Caste-based Discrimination and Untouchability
Crime Elimination and Punishment Act. It also encouraged Nepal to ensure effective
investigation of all harassment complaints of journalists and to put an end to preventive
detentions without charges or trials. Canada made recommendations.
60.
The Republic of Korea welcomed Nepal’s improvements in human rights and commended
endeavours to change the situation of vulnerable groups. It welcomed efforts to compensate
victims of human rights violations. It welcomed the National Human Rights Commission.
It made recommendations.
61. Indonesia noted that domestic violence and human trafficking remained pressing issues
and supported recommendations for the introduction of more comprehensive legislation
and more stringent enforcement of existing laws in these areas. It hoped that Nepal’s
cooperation with international human rights mechanisms and bodies will intensify and
flourish. Indonesia made a recommendation.
62. Azerbaijan commended Nepal for the establishment of peace and the steps taken to
promote women’s rights. It recognized the difficulties experienced by Nepal from the long
armed conflict. Azerbaijan asked about progress on the preparation of a national policy
for children and made recommendations.
63. Lao People’s Democratic Republic welcomed Nepal’s achievements to attain political
stability and economic development and the priority given to human rights. It highlighted the
need for continued support from the international community It made recommendations.
64. France expressed concern regarding infringements to freedom of expression, association
and information in Nepal, particularly against journalists and human rights defenders.
France noted with satisfaction the establishment of a National Human Rights Commission.
France made recommendations.
65. Malaysia welcomed Nepal’s Three Year Interim Plan focussing on poverty alleviation
and human rights. Malaysia was of the view that more could be done to improve and
safeguard human rights, particularly of indigenous peoples, ethnic minorities and other
marginalized and vulnerable sections of society. It made recommendations.
66. The United Kingdom of Great Britain and Northern Ireland applauded the Supreme
Court’s role in protecting human rights. It expressed concern over impunity. It asked about
legislation on enforced disappearances; the establishment of the Truth and Reconciliation
Commission and the Disappearances’ Commission; and bringing to justice perpetrators of
human rights violations. It made recommendations.
67. Germany asked about Nepal’s plans to improve the legislative framework and combat
discriminatory practices; the enactment of the comprehensive law on violence against
women; and the criminalization of torture and improving and enforcing the rule of law. It
made recommendations.
68.
Slovakia commended Nepal for its: ratification of international human rights instruments,
cooperation with OHCHR; and “A”-status National Human Rights Commission. Slovakia
highlighted the long-standing discrimination and social exclusion associated with gender,
caste, class, ethnicity, disability and geography. Slovakia made recommendations.
69. Saudi Arabia referred to achievements in legislation and institution building.. It noted
that since 2005 Nepal has been hosting the regional office of OHCHR and was working
closely with Special Procedures. It noted the adoption of a plan to promote a culture of
human rights. It made recommendations.
70. The United States of America referred to the continuation of commitments to protect
vulnerable populations, including refraining from forcibly returning asylum seekers,
and ending violence against women. It expressed continued concern about the judicial
system, accountability for human rights violations, tolerance of intimidation and labour
exploitation. It made recommendations.
71. Poland welcomed the establishment of the various bodies engaged in the defense
of human rights but pointed out the challenges faced in practice. Poland asked about
the steps taken to further improve the situation of women, children, Dalits, ethnic and
linguistic communities. Poland made recommendations.
72. The Maldives commended Nepal for the steps taken for improving the lives of Nepalese
people. It highlighted the fundamental freedoms in the interim Constitution. It highlighted
the resource and capacity constraints of least developed countries and noted Nepal’s
international partners should remain engaged. It made recommendations.
73. Pakistan noted the role played by an independent judiciary and an “A” status National
Human Rights Commission. Pakistan welcomed the priority accorded to poverty
eradication and the process of abolishing discriminatory laws and practices. Pakistan
noted the constraints and challenges facing Nepal and made recommendations.
74. Italy welcomed the abolition of death penalty and establishment of its National Plan
of Action on Women Peace and Security. Italy expressed concerns regarding arbitrary
executions committed during the conflict and obstacles to freedom of religion, mainly due
to the caste system. Italy made recommendations.
75. Sri Lanka congratulated Nepal on its Interim Constitution. It noted progress achieved,
including in poverty alleviation. Sri Lanka encouraged Nepal to pursue policies towards
economic development and to adopt and implement, in the near future, the bill for
compulsory basic education. It made a recommendation.
76. Chile noted Nepal’s will to ensure human rights protection in spite of incidents after
the adoption of post-conflict reforms. It noted Nepal is working on the creation of the
Truth and Reconciliation Commission and investigation into disappearances, and a new
Constitution. It made recommendations.
77. New Zealand raised the issue of impunity and expressed concerns regarding the small
number of women in Nepal’s judiciary. It recognized the reduction of incidents of torture
but noted these continue to take place. New Zealand welcomed Nepal’s ratification of
the Convention on the rights of Persons with Disabilities and its Optional Protocol. New
Zealand made recommendations.
78. The Netherlands highlighted the ratification of a number of human rights treaties. It was
concerned about impunity and the lack of progress in setting up a Truth and Reconciliation
Commission and the Commission of Inquiry on Disappearances as well as the situation of
refugees and trafficking. It made recommendations.
79. Yemen noted Nepal’s achievements and asked whether any new challenges had emerged
from its recent efforts to promote and protect human rights, and whether there was a need
for further international cooperation with relevant human rights bodies and mechanisms.
Yemen made a recommendation.
80. Denmark insisted on the importance of putting an end to impunity and bringing to account
those on both sides of the conflict who perpetrated human rights abuses. It welcomed
Nepal’s ratification of CAT but noted widespread use of torture, especially in police
custody. Denmark made recommendations.
81. Norway welcomed the steps taken towards a more inclusive Nepalese society, expressed
its full commitment to further support Nepal’s education sector, and indicated that the
adoption of the new constitution within the planned timeframe would be a significant
step. It made recommendations.
82. Cuba noted Nepal was affected by an unjust international economic order and crises. It
noted there was a human rights component in Nepal’s policies and development plans. It
highlighted actions to reduce poverty and priority given to the rights of women, children,
people with disabilities and aged persons. It made recommendations.
83.
Sweden noted the instances of police brutality and torture and the arrests without formal
procedures and detentions- often under poor conditions- without charges. It noted that
discrimination based on gender, caste, class, ethnicity, disability and geography continued
to pose grave obstacles to the enjoyment of human rights. Sweden made recommendations.
84. Viet Nam appreciated Nepal’s approach to the promotion and protection of human rights,
as an assurance for peace, security and national reconciliation. Viet Nam commended
Nepal on its significant achievements for poverty alleviation, free primary health care
services and basic education. It made recommendations.
85. Australia urged all parties to implement Peace Agreement commitments. It urged
the establishment of a Commission of Inquiry on Disappearances and a Truth and
Reconciliation Commission; and investigation of allegations of human rights violations. It
welcomed Nepal’s commitment to end gender-based violence. It made recommendations.
86. Argentina welcomed the measures taken by the Government of Nepal to ensure the social
inclusion of its people. Argentina made recommendations
87. The Plurinational State of Bolivia noted the inclusion of women, dalits and indigenous
peoples in the Legislative Assembly. It highlighted the strategy to fight poverty based on
structural reform. It welcomed the establishment of the National Commissions for Human
Rights, Women and Dalits. It made recommendations.
88. The Holy See recognized the difficulties emanating from the decade-long armed conflict
and welcomed Nepal’s process of democratization.. It encouraged Nepal to fully
incorporate into the new Constitution and new laws the international treaties it ratified.
The Holy See made recommendations.
89. Responding to additional questions and comments, the delegation reiterated that the
Truth and Reconciliation Bill and the Disappearance Bill have been submitted to the
Parliament. It clearly stated that these bills do not provide amnesty in serious violations of
human rights and indicated that the government remains committed to have them cleared
as expeditiously as possible.
90. The security agencies, including the Nepal Army, are fully committed to respect and
support the protection of human rights and international humanitarian law. The isolated
and unintended incidents of human rights and humanitarian law violations, if any, are not
policy driven. The institution strictly observes a zero-tolerance policy against all kinds of
human rights violations. The Nepal Army is a disciplined and professional institution. It is
supportive of democratic transformation.
91. Since 2005, Nepal has put in place a vetting mechanism. Rigorous vetting process is
under implementation in both army and police forces while nominating their personnel
for UN peace keeping operations.
92. On the issue of Tibetan refugees, Nepal stated that it does not allow its territory to be
used against neighbours or any country. Anyone found in violation of the immigration
laws or other laws is dealt with according to the law of the land. There are no forceful
deportations.
93.
Nepal referred to two major remaining tasks of the peace process. On 22 January 2011, the
command and control of the Maoist combatants has been passed to the constitutionally
mandated Special Committee, which is responsible for the supervision, integration and
rehabilitation of the former combatants. This is a major step towards the conclusion of
the peace process. On the oversight mechanisms, the Government has adopted effective
measures. Investigating bodies and institutions established by the Nepal Army and police
have also contributed immensely to counter impunity. The investigations conducted by
these bodies are complementary to those of national human rights institutions, including
the NHRC and the Women commission. Importantly, the judicial oversight provision
has been proved to be an effective instrument in the promotion and protection of human
rights.
94. Nepal further reported on compensations and relief packages distributed to the conflict
victims and family members affected.
95. The delegation further referred to several acts and regulations that protect children and
child-friendly mechanisms, including at the village and district level.
96. The Constitution has several provisions against caste based discrimination and
untouchability. Nepal has a caste-based discrimination control and punishment bill and
also the National Dalit Commission to be converted as a statutory body. These two bills
are in the Parliament.
97. Nepal is committed to the promotion of the rights of minorities, including gender
minorities. It has pursued the policy of recognizing the identity of gender minority and
achieving effective implementation of relevant laws prohibiting discrimination on any
ground. Any person, regardless of gender, is entitled to obtain citizenship along with the
identity consistent with the equal rights policy.
98. Regarding ILO 169 Convention, Nepal noted that 218 of the 601 Members of the
Constituent Assembly are indigenous people, a testimony of positive outcome of policies
and programmes in these fields.
99. Equality has been ensured in health programmes and services. However, progress has
been uneven. Disparities have decreased in some areas, but the geography of Nepal
presents serious challenges to deliver health services to all.
100. In answering to other questions, the delegation noted that the Government will soon finalize
the draft bills on civil and penal codes, sentencing act and civil and criminal procedure
codes, which contain provisions which are directly related to the implementation of
various human rights treaties.
101. Nepal does not tolerate any form of torture. There is no systematic torture in Nepal. There
are sufficient constitutional and legal safeguards for the prevention of torture and a special
bill designed to incorporate provisions of CAT is also under active consideration.
102. Nepal believes that the timely and effective implementation of recommendations by
the national human rights institutions is an effective mechanism to ensure protection of
human rights and is working towards establishing a follow-up mechanism.
103. In concluding, Nepal thanked the delegations for constructive support for the ongoing
democratic transformation and the peace process.
104. Nepal indicated that it expects enhanced level of support for its efforts in the process of
post conflict reconstruction and rehabilitation to firmly institutionalize peace building
efforts, create a network of national democratic institutions, and expedite the socioeconomic transformation within the democratic framework to create an environment for
the enjoyment of human rights by the people.
105. Nepal reiterated its commitment towards democracy and human rights. It valued the
goodwill and support of friends and looked forward to working together.
II.
CONCLUSIONS AND/OR RECOMMENDATIONS
106. The recommendations formulated during the interactive dialogue/listed below have been
examined by Nepal and enjoy its support :
106.1. Give its full support to ensure the Constituent Assembly successfully fulfils its
mandate of drafting a new Constitution by May 2011, giving due consideration
to the views of the different groups that compose Nepalese society (Republic of
Korea); Ensure full participation of ethnic groups and casts in the Constitutionmaking process, in particular in the Constituent Assembly (Poland); Accelerate
steps towards framing a new Constitution (Egypt); Frame a new Constitution
and undertake a democratic, inclusive and progressive State restructuring
(China);Complete the new Constitution on time and take into account that
peaceful coexistence requires that the right to freedom of religion for all citizens
be clearly included and formulated according to international standards (Holy
See); Ensure that the new Constitution fully guarantees the right to freedom of
religion or belief and the right to equality and non-discrimination in line with
international standards (Italy);
106.2. Ensure that the new Constitution being formulated and its national legislation
is in line with international human rights instruments acceded to by Nepal
(France); Continue the process of bringing its national legislation in line with
international standards (Azerbaijan); Review its legal framework to provide for a
better protection and promotion of women’s rights (Slovakia);
106.3. In the framework of the reform of the penal code and the penal procedure
code, conform to the totality of the provisions of the Convention against
Torture (Switzerland);Criminalize torture (Denmark); Enact specific legislation
in domestic law to criminalize the offence of torture which is fully compliant
with the requirements of the UN Convention against Torture (United Kingdom);
Criminalize torture and enforced disappearances in line with international
standards (Slovenia);
106.4. Introduce comprehensive legislation and more stringent enforcement of existing
laws in the areas of domestic violence towards women and human trafficking
(Indonesia);
106.5. Enact legislation to ensure members of the lesbian, gay bisexual, transgender
and intersex (LGBTI) community citizenship rights, consistent with the equal
rights enumerated in the Nepali Supreme Court’s 2008 decision (United States
of America);
106.6. Consolidate the national human rights infrastructure (Egypt);
106.7. Strengthen the National Human Rights Commission (NHRC) to enable it to
maintain its A-status accreditation (India);
106.8. Continue promoting the work of the National Commissions for Women and for
Dalit, through the reinforcement of resources that allows them to work in an
efficient manner (Bolivia);
106.9. Strengthen the resources allocated to the implementation of the adopted National
Action Plan for children for the period 2005-2015 (Algeria); Allocate sufficient
resources for the effective implementation of the National Plan of Action for
Children (Slovakia);
106.10. Continue to seek capacity building and technical assistance in order to pursue its
plans for development and promotion of human rights (Philippines); Implement
effectively the Human Rights Action Plan and other national action plans,
including on the elimination of discrimination against women and on the rights
of persons with disabilities (China); Fully implement its National Plan of Action
for human rights and its plans of actions to implement various human rights
conventions and treaties (Russian Federation);
106.11. Continue with its efforts to further accelerate its holistic and multifaceted
approach to promote and protect human rights and freedoms (Sri Lanka);
106.12. Continue its work on strengthening human rights in all areas in terms of
programmes and policies and ensure human rights education’s inclusion in
school programmes throughout the country (Saudi Arabia);
106.13. Design and implement programmes to ensure the respect for and protection
of the rights of women and children, in particular the rehabilitation of women,
children and families affected by conflict (Egypt);
106.14. Further enhance measures aimed at protecting the human rights of children,
women and other vulnerable groups (Philippines);
106.15. Share experiences and good practices with other countries in areas of development
and protection of human rights (Lao People’s Democratic Republic);
106.16. Consolidate all positive realizations achieved during the period of political
transformation, especially in the human rights field (Vietnam);
106.17. Raise, through education, the level of awareness and knowledge about human
rights of the population, with a focus on the most vulnerable social groups, to
ensure their full enjoyment of all human rights, in particular economic and social
rights (Vietnam);
106.18. Give priority to a successful conclusion of the peace process with every effort
made to centre it on human rights as a sure foundation for the future of the
country (Holy See);See to enhance international cooperation to address the lack
of human capacity and financial resources in the peace process and post-conflict
reconstruction (Vietnam); Seek support of the international community in Nepal’s
efforts to firmly institutionalize peace building efforts (Pakistan);Continue its
national reconciliation efforts (Singapore);Continue efforts in ending the political
instability in the country (Bhutan); Continue to strengthen the democratic
experience that it has embarked upon (Yemen);
106.19. Make further efforts to implement the recommendations from various treaty
bodies (Japan);
106.20. Continue to cooperate with the UN and other international organizations to
strengthen human rights in Nepal (Lao People’s Democratic Republic);
106.21. Make further efforts to overcome the difficult issue of discrimination on the
grounds of religion, gender, race or otherwise (Japan); Continue its efforts to end
discrimination on the grounds of religion, race or gender in law and practice
(Pakistan); Continue its efforts to overcome discrimination and social exclusion
on the basis of gender, caste, class, ethnic group, disability or geographic
situation, in order to ensure the respect of civil, political, economic, social and
cultural rights (Argentina);
106.22. Continue its efforts to ensure gender equality (Singapore); Continue its efforts
for the promotion and protection of human rights and to continue to promote
the role of women in society in order to guarantee quality life for its citizens as
planned on viability, development, protection and participation (Palestine);
106.23. Take steps to ensure non-discrimination based on sexual orientation and gender
identity including in the proposed civil and criminal laws (New Zealand);
Implement fully the Supreme Court decision regarding sexual and gender
minorities (Norway);
106.24. Eliminate all forms of discrimination and pass the bill on caste-based
discrimination and untouchability (Denmark); Continue realizing the necessary
efforts to eradicate all forms of discrimination, through the implementation of
commitments it undertook with CERD (Bolivia);While appreciating the fact
that the Government’s priorities include combating caste-based discrimination,
ensure that the policy is fully implemented also by the local authorities in rural
and remote areas (Czech Republic);
106.25. Promptly implement all recommendations put forward by the National Human
Rights Commission regarding prosecutions and/or departmental actions against
alleged human rights violators (Canada);
106.26. Take concrete steps to ensure the security of human rights defenders, including
journalists (Czech Republic);
106.27. Ensure that all Maoist army personnel disqualified as minors have unhindered
access to the rehabilitation packages and ensure that children are not exposed to
or forced to participate in violent activities by political parties (Austria);
106.28. Adopt effective measures to guarantee the protection of victims of gender
violence, duly investigate allegations and ensure that those responsible be
prosecuted and sanctioned (Spain);
106.29. Continue putting forward intensive efforts in order to eliminate violence against
women and boost their participation in political and administrative decisionmaking (Azerbaijan);
106.30. Strengthen its measures to eradicate child abuse, sexual exploitation of children
(Azerbaijan);
106.31. Strengthen the implementation of its Human Trafficking and Transportation
(Control) Act 2007 and its Regulation 2008 (Bhutan);Further strengthen law
enforcement and the judicial system in the efforts to address impunity, prevent
domestic violence, and to protect women and children from trafficking as
well as physical and sexual exploitation (Malaysia); Combat human trafficking
and forced prostitution in particular of children (Germany); Fight trafficking in
persons, prosecute perpetrators and provide protection and compensation to
victims (Netherlands);
106.32. Strengthen implementation of its Child Labour (Protection and Regulation ) Act
1999 (Bhutan);
106.33. Establish accountability for conflict-era human rights abuses through the formation
of the Truth and Reconciliation Commission and Disappearance Commission, as
agreed to in the Comprehensive Peace Agreement (United States of America);
106.34. Establish the Truth and Reconciliation Commission and the Commission of Inquiry
on Disappearances as stipulated in the 2006 Comprehensive Peace Agreement
(Australia); Ensure that the Truth and Reconciliation Commission, as well as to
the Commission on Disappearances be operational within the briefest delay
and that there be no amnesty for grave violations of human rights (Switzerland);
Accelerate the process of establishing a Truth and Reconciliation Commission
(Republic of Korea); Establish an independent Truth and Reconciliation
Commission and take immediate action to account for the missing and ensure
reparations to victims, including family members of the disappeared (Sweden);
Take necessary steps to set up the Truth and Reconciliation Commission and
the Commission on the Inquiry on Disappearances since the failure to act on
human rights abuses undermines respect for the rule of law (Czech Republic);
Establish without further delay the Truth and Reconciliation Commission and
Disappearances Commission and ensure their independence from political
interference (Denmark);Set up a Truth and Reconciliation Commission and a
Commission of Inquiry on Disappearances which are fully in accordance with
international standards (Netherlands);
106.35. Ensure that the perpetrators of human rights violations, both past and present, are
brought to justice in proceedings which meet international standards of fairness
(Sweden);
106.36. Continue its efforts in order to clarify the crimes perpetrated during the armed
conflict, in particular regarding enforced disappearances and extrajudicial
killings and prosecute those responsible (Argentina);
106.37. Seek to remove the obstacles faced by victims trying to access justice (Republic
of Korea);
106.38. Ensure that all decisions from the judiciary, regarding those presumed responsible
for serious human rights violations during and after the conflict, are fully
respected by all concerned institutional actors, particularly by the army and the
police forces (France); Tackle impunity by investigating and prosecuting human
rights violations and abuses committed by state and non-state actors during and
since the conflict, implementing court orders including on the Nepal Army, and
ending political interference (United Kingdom);
106.39. Implement measures to encourage women to undertake legal training and
facilitate their entry into the judiciary (New Zealand);
106.40. Protect its citizens from labour exploitation at home and abroad by providing
improved regulation and oversight of workplace practices (United States of
America);
106.41. Intensify efforts in providing basic services to vulnerable or marginalized groups
or communities particularly providing quality health and education services and
creating more employment opportunities (Myanmar);
106.42. Call on the international community to encourage the present stage of
development in Nepal and provide the necessary assistance to strengthen
Nepal’s domestic capacity to address the challenges (Myanmar);
106.43. Step up its efforts to reduce poverty, particularly rural poverty (Algeria);
Reinforce its efforts in the area of the fight against poverty with a view to attaining
the Millennium Development Goals and to request the necessary financial
and technical assistance in this regard (Morocco);Continue implementing the
necessary economic measures to eradicate poverty, allowing all the Nepalese
population a life with dignity (Bolivia);
106.44. Continue its efforts to achieve equitable socio-economic development, address
poverty alleviation through its overarching objective according to its current
policies and Action Plans with the support by the international community in
order to meet the targets of MDGs (Cambodia);
106.45. Continue pursuing socio-economic and political transformation process that will
also imply the framing of a new constitution (Azerbaijan); Continue applying
the strategies and plans for socio-economic development of the country (Cuba);
Speed up its efforts to reduce poverty and unemployment in the country and
seek broader international cooperation to deal with the threats posed by
climate change (Azerbaijan); Continue its efforts to combat poverty and ensure
sustainable development (Russian Federation);
106.46. Step up efforts to achieve the effective realization of economic, social and
cultural rights for the marginalized and vulnerable groups by ensuring that
they are provided with adequate access to food, health, education and fair
employment (Malaysia); Redouble efforts to promote and protect the rights of
vulnerable groups such as children, women, people with disabilities and aged
persons (Cuba);
106.47. Continue its efforts, through the UNFCCC and other fora, to remind the
international community, especially developed countries and other major
emitting States, of their obligations to protect and promote human rights in Nepal
by reducing greenhouse gas emissions to safe-levels (Maldives);
106.48. Continue taking appropriate measures to narrow down the gap between the rich
and the poor. The international community must also rise to the occasion and
help Nepal in their efforts (Pakistan);
106.49. Improve food safety of vulnerable groups , particularly indigenous people, former
bonded labourers, Dalits, Muslims, persons with disabilities and those who are
infected with HIV/AIDs (Hungary);
106.50. Expand its School Feeding Programmes and use locally-sourced food (Brazil);
106.51. Continue pursuing and enhancing housing programmes, which appear to have
yielded good results (Singapore);
106.52. Continue efforts to ensure that primary education becomes free and compulsory
for all children (Norway);Continue applying programmes and measures for the
enjoyment of the right to education and the right to health (Cuba);
106.53. Ensure that all girls, Dalit children and children belonging to ethnic minorities
have equal access to quality education (Finland);
106.54. Reach out to parents and parents’ groups to promote equal access to education
and participation in local institutions for their children, and to encourage parents
to appreciate the value of education and benefits of participation (Finland);
106.55. Put in place a follow-up mechanism with a view to ensuring the return,
registering, readaptation and reinsertion of internally displaced peoples, in
all security and dignity (Moldova);Establish a monitoring system to ensure the
return, rehabilitation and reintegration of internally displaced persons (Austria);
106.56. Undertake a participatory process in the implementation of the UPR
recommendations (Norway).
107. The following recommendations enjoy the support of Nepal which considers that they are
already implemented or in the process of implementation:
107.1. Ratify the Optional Protocol to the CRC on the involvement of children in armed
conflict (Austria);
107.2. Undertake legal and administrative efforts to end torture and related impunity
(Germany);
107.3. Review legislation, and amend it where necessary, to remove provisions which
allow government and military personnel to act with impunity (New Zealand);
107.4. Do all the necessary to accelerate the drawing up of the various legal texts to
reaffirm and reinforce the equality between all ethnic, cultural and linguistic
components of Nepali society (Algeria);
107.5. Restore the independence and mandate of the NHRC in line with the Paris
Principles (Canada);Ensure that the NHRC functions in line with the Paris
Principles (France);Provide the NHRC with adequate funding and autonomy
to ensure that the Commission can properly fulfil its mandate (Republic of
Korea);Take all necessary measures for the capacity building of the NHRC, the
respect of its independence and autonomy as well as the implementation of its
recommendations (France);Strengthen the role of the NHRC as an independent
institution and follow-up on its recommendations (Norway);
107.6.
Provide the National Dalit Commission and the National Women’s Commission
with sufficient resources to effectively realize their mandate (Slovenia);
107.7. Design programmes for the implementation of its human rights action plan
(Egypt);
107.8. Develop a National Action Plan on ending violence against women and children
(Australia);
107.9. Cooperate closely with the United Nations in particular with the local Office of
the High Commissioner for Human Rights (France);
107.10. Take prompt and effective measures to safeguard the equal enjoyment of human
rights by all, and to combat discrimination in all its forms (Sweden);
107.11. Take the necessary legal and policy measures to end discrimination, including of
women, children and dalits (Netherlands);
107.12. Criminalize discrimination based on caste, gender, religion, ethnicity, political
belief or disabilities (Germany);
107.13. Initiate legislative measures to effectively address and eradicate long-standing
discrimination, including “untouchability” (Austria);
107.14. Conduct thorough and impartial investigation into allegations that the police
or any person of the justice system has taken part in discriminatory actions
(Sweden);
107.15. Take necessary measures for the prevention of such deeds as reported warrantless
arrests, torture, extra-judicial killings and other misconduct and ensure swift and
fair investigations on alleged misconduct by law enforcement authorities (Japan);
Investigate all cases of ill treatment and abuse, such as enforced disappearances,
cases of torture, arrests without warrants and extrajudicial killings by the police
as well as the national army and ensure the delivery of justice regarding these
serious human rights violations (Hungary);
107.16. Take effective measures to prevent possible acts of mistreatment (Turkey);
107.17. Conduct thorough and impartial investigation into allegations of torture and
physical abuse, and to bring to justice anyone suspected of having participated
in arbitrary arrests or having committed excessive use of force, torture and
other human rights violations (Sweden);Take effective measures to prevent acts
of torture and ensure that allegations of torture are promptly and impartially
investigated and prosecuted (Austria);
107.18. Ensure that any form of violence against children and child recruitment becomes
punishable under domestic law (Hungary); Intensify efforts for the effective
and rapid social and educational reintegration of child soldiers who remain in
military camps (Spain);
107.19. Establish State structures for the supervision, prevention, rescue and rehabilitation
in the cases of child labour and mendacity and ensure that those responsible be
prosecuted and sanctioned (Spain);
107.20. Abolish all forms of child labor, including bonded labor and take measures to
ensure that no person under 18 years of age is allowed to perform hazardous
work, in accordance with the ILO Convention No. 138 (Poland);
107.21. Create mechanisms to end the case backlog at all levels of the judicial system
(United States of America);
107.22. Ensure that the cases of violence against women and girls are duly investigated
(Thailand);
107.23. Take measures to guarantee effective access to justice and protection for women
victims of gender based violence (Brazil);
107.24. Create a system of accountability to investigate and prosecute human rights
violators in Nepal’s military and law enforcement agencies (United States of
America);
107.25. Ensure that the laws relating to the Truth and Reconciliation Commission, as well
as to the Commission on Disappearances are in line with international standards
(Switzerland);
107.26. Develop the necessary tools to ensure education and human rights training,
notably for law enforcement officials (Morocco);Provide mandatory human
rights training for its police force (New Zealand);
107.27. Ensure that the right to freedom of assembly is guaranteed and remove all
restrictions to peaceful protests (Canada);
107.28. Take more effective measures to increase the involvement of the indigenous
peoples, minorities and vulnerable groups in the civil service, law enforcement
agencies and local authorities (Malaysia).
108. The following recommendations will be examined by Nepal, which will provide responses
in due time, but no later than the 17th session of the Human Rights Council in June 2011:
108.1. Ratify the Rome Statute (Germany);
108.2. Enact a Juvenile Justice Law compliant with international standards, to consolidate
the legal framework surrounding the protection of the rights of children and
to ensure the proper functioning of a juvenile justice system in the country
(Maldives);
108.3. Prepare a specific plan to ensure that the Nepal Lands Act will in practice
effectively promote equality (Finland);
108.4. Expedite the endorsement of long awaited child policy legislation, including the
Child Rights Act, Education Regulation, Child Protection Policy, and minimum
standards for child care homes, and take the necessary steps to ensure their full
implementation (Canada);
108.5. Work with OHCHR to develop a Common Core document which, in conjunction
with treaty-specific Lists of Issues, will help streamline treaty reporting, in order
to help overcome the burden of treaty reporting (Maldives);
108.6. Extend a standing invitation to all special procedures (Spain);
108.7. Extend a standing invitation to UN special procedures (Chile);
108.8.
Strengthen its cooperation with human rights special procedures and consider
issuing a standing invitation (Brazil);
108.9. Extend a standing invitation to UN human rights special procedures so that they
can visit the country and assist the government with its human rights reforms
(Maldives);
108.10. Take further steps to eliminate discrimination against vulnerable or marginalised
groups, including on the basis of gender or caste, by enacting laws to criminalize
all forms of discrimination (UK);
108.11. Review and adopt relevant legislation and policies, including bills related to
Caste-based discrimination, the Women’s Commission, the Dalit Commission,
the rights of Indigenous Peoples and the Rights of the Child, to ensure full
compliance with international human rights standards (Norway);
108.12. That the cases of caste-based discriminations are reported, investigated,
perpetrators prosecuted and victims of such violence are compensated (Czech
Republic);
108.13. Implement measures to ensure that persons with disabilities are enabled
to participate in job training, vocational training, literacy and numeracy
programmes and set concrete targets measurable within one year to this effect, in
consultation with persons with disabilities and their representative organisations
(New Zealand);
108.14. Ensure, without any discrimination, the rights of people with disabilities and
others belonging to vulnerable groups, such as women and children (Chile);
108.15. Introduce an independent complaints mechanism on the conduct of security
forces and establish a Nepal Police Service Commission (Australia);
108.16. Establish a Police Service Commission responsible for appointments, promotions
and transfers (Denmark);
108.17. Take the necessary measures to ensure the protection of all people from enforced
disappearance and following the request of the High Commissioner for Human
Rights, establish a special inquiry team, enjoying enough independence, to
investigate the allegations of extrajudicial executions (Moldova);
108.18. Investigate credible allegations of extra-judicial killings and introduce an
independent complaint mechanism on the conduct of the security forces
(Denmark);
108.19. Impartially investigate all allegations of extra-judicial killings and arbitrary
executions, to prosecute those responsible, and accept the requests for a visit by
the Special Rapporteur on extrajudicial, summary or arbitrary execution, and the
Working Group on Enforced or Involuntary Disappearances (Italy);
108.20. Regarding human trafficking and violence against women and children , take
further legislative steps, where necessary, and accelerate efforts for their effective
implementation (Japan);
108.21. Develop a comprehensive legal framework to protect children from trafficking
(Austria);
108.22. Undertake investigations in cases where there are credible allegations of human
rights violations, implement court orders and establish transitional justice
mechanisms(Norway);
108.23. Effectively investigate violations against human rights defenders, including
journalists and women rights activists and bring to justice those responsible for
such violations (Norway);
108.24. Start the investigation of all outstanding allegations of human rights violations
committed during or after the conflict and to bring perpetrators to justice in
proceedings which meet international standards (Netherlands);
108.25. Intensify the efforts in the investigation of pending allegations of serious human
rights and international humanitarian law violations by all parties in the armed
conflict (Spain);
108.26. Implement the decision of the Supreme Court of 2007 that requires the State to
criminalize enforced disappearances and sign and ratify the CED (France);
108.27. Take all necessary measures to put an end to acts of intimidation and violence
committed against journalists and human rights defenders (France);
108.28. Protect human rights defenders and journalists by promptly investigating
complaints of harassment and holding perpetrators accountable (United States
of America);
108.29. Strengthen the rule of law by establishing an independent complaints commission
capable of investigating and prosecuting complaints against the security forces
and a police service commission responsible for police recruitment, transfers
and promotion (United Kingdom);
108.30. Investigate and prosecute those who committed human rights violations on both
sides of the conflict (New Zealand);
108.31. Formulate effective strategies and programmes in order to provide employment
and income generating opportunities for the population, in particular, the rural
population, Dalits and ethnic minorities (Malaysia);
108.32. Ensure that the new labor legislation would include provisions prohibiting
discrimination both in the employment and the recruitment procedures, as laid
down in the ILO Convention No. 111 (Poland);
108.33. Ensure that education is free and compulsory, with special focus on the enrolment
of girls in schools (Turkey);
108.34. Continue pursuing appropriate, efficient, inclusive educational policies to
provide for free and compulsory education to all segments of its society, including
marginalized, disadvantaged- and thus most vulnerable- groups (Slovakia);
108.35. Pay special attention to helping Dalit children, girls, and children belonging
to ethnic minorities to complete their education cycle, and to ensure their
employment opportunities after education in order to enable them to claim their
rights and work as agents of change for their communities (Finland);
108.36. Ensure that children of internally displaced persons, refugees, asylum seekers
and their families enjoy the right to health, education and birth registration
without discrimination (Thailand).
109. The recommendations below did not enjoy the support of Nepal:
109.1. Ratify Optional Protocol to the Convention against Torture (OP-CAT)
(Switzerland);Accede to and implement the OP-CAT (New Zealand);
109.2. Ratify the pending principle international human rights treaties, such as the
Rome Statute, the International Convention for the Protection of All Persons from
Enforced Disappearances (CED) and OP-CAT (Chile);
109.3. Become a party to the OP-CAT (Maldives) and designate a national preventive
mechanism, to safeguard the rights of detainees and to prevent any acts of torture
(Maldives);
109.4. Sign and ratify the Optional Protocol of the Covenant on Economic, Social and
Cultural Rights and the OP-CAT as well as the CED (Spain);
109.5. Consider the possibility of signing and ratifying the CED (Argentina);Ratify and
implement the CED (Sweden);
109.6. Sign and ratify the Palermo Protocol (Austria);
109.7. Accede to the Convention relating to the Status of Refugees, as well as its Protocol
and take all necessary measures so the fundamental rights of refugees residing
in the country are protected (Switzerland);Consider the possibility of acceding
to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol,
in the spirit of the tradition in Nepal of hosting refugees (Algeria);Reinforce its
legal framework by adhering to the 1951 Convention relating to the Status of
Refugees and its 1967 Protocol (Moldova);Ratify the 1951 Convention relating
to the Status of Refugees (Slovenia);Consider acceding to the Convention relating
to the Status of Refugees (Netherlands); Adopt national legislation pertaining to
refugees that includes the rights of refugees and asylum seekers (Netherlands).
109.8. Protect vulnerable refugee populations by allowing for registration of the refugee
population in Nepal and by refraining from forcibly returning Tibetan asylum
seekers to China (United States of America).
109.9. Promote other durable solutions than resettlement in third countries for the
refugees in Eastern Nepal in close cooperation with UNHCR and other relevant
international organizations (Netherlands);
109.10. Become a party to some conventions to which it has yet to accede, including the
Convention relating to the Status of Refugees, CED and the Rome Statute of the
International Criminal Court (Japan);
109.11. Amend legislation to remove all provisions granting security forces or government
officials immunity from prosecution for criminal acts (Canada);
109.12. Address cases of stateless in the new Constitution’s drafting process (Slovakia);
109.13. Take effective measures promptly to uphold the total prohibition against torture,
in accordance with its international obligations under the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
and to sign the Optional Protocol to the CAT (Sweden);
109.14. Implement the recommendations contained in 2010 OHCHR’s report on
“Investigating Allegations of extra-judicial killings in the Terai”, inter alia: a) fully
investigate all allegations of the use of extra-judicial killings in the context of
the current Special Security Plan, as well as past and future security operations;
b) establish external oversight mechanisms, such as an independent police
complaints commission or special investigative unit to investigate and prosecute
crimes allegedly committed by state actors; c) adopt measures to support and
protect witnesses as well as victims and their family members (Czech Republic);
109.15. Ensure that all acts of torture are offences under its criminal law and considering
acceding to the optional Protocol to the Convention against Torture (Brazil).
110. With regard to the recommendations in paragraphs 109.2 and 109. 10 above, Nepal
indicated that it might consider acceding to the Rome Statute.
111. With regard to the recommendation in paragraphs 109.3 above, Nepal indicated that a
preventive mechanism already existed.
112. With regard to the recommendation in paragraphs 109.8 above, Nepal indicated that
there was no policy of forcibly returning the refugees.
113. With regard to the recommendation in paragraphs 109.9 above, Nepal indicated that it
did not have a policy of local integration as a durable solution.
114. With regard to the recommendation in paragraphs 109.11 above, Nepal indicated that
existing laws did not have such provision of immunity.
115. With regard to the recommendation in paragraphs 109.14 above, Nepal indicated that it
objected to that report in its totality.
116. All conclusions and/or recommendations contained in the present report reflect the
position of the submitting State(s) and/or the State under review. They should not be
construed as endorsed by the Working Group as a whole.
III.
VOLUNTARY PLEDGES AND COMMITMENTS
117. Nepal expresses its commitments to continue its holistic and comprehensive approach
to the promotion and protection of human rights and to put in practice a rights-based
approach to development of all sectors. Nepal remains committed to engage the civil
society and stakeholders in the promotion and protection of human rights.
ANNEX
Composition of the delegation
The delegation of Nepal was headed by H.E. Ms. Sujata Koirala, Deputy Prime Minister and
Minister for Foreign Affairs and composed of the following members:
Dr. Trilochan UPRETI, Secretary, Office of the Prime Minister and Council of Minister
Dr. Sudha SHARMA, Secretary, Ministry of Health and Population; H. E. Dr. Dinesh BHATTARAI, Ambassador/Permanent Representative of Nepal to the UN,
Geneva;
Mr. Durga Prasad BHATTARAI, Joint Secretary, Ministry of Foreign Affairs;
Mr. Kedar PAUDEL, Joint Secretary, Ministry of Law and Justice;
Mr. Shiva Bahadur RAYAMAJHI, Joint Secretary, Ministry of Local Development;
Mr. Khaga Raj BARAL, Joint Secretary, Ministry of Education;
Mr. Sadhu Ram SAPKOTA, Joint Secretary, Ministry of Peace and Reconstruction;
Mr. Dilli Raj GHIMIRE, Joint Secretary, Office of the Prime Minister and Council of Ministers;
Mr. Bhrigu DHUNGANA, Counsellor/Deputy Permanent Representative, Permanent Mission of
Nepal to the UN, Geneva;
Mr. Hari Prasad ODARI, Second Secretary, Permanent Mission of Nepal to the UN, Geneva;
Mr. Jhaindra Prasad GURAGAIN, Section Officer, Office of the Prime Minister and Council of
Ministers.
Additional Report on UPR
1.
Dialogues with stakeholders on implementation of UPR recommendations
The Government of Nepal (GON) has continued to engage in constructive dialogue with
the stakeholders even after the submission of Nepal's National Report to the Human
Rights Council on 25 January 2010. Several rounds of interactions have been conducted
between officials of relevant government institutions and with civil society members and
development partners. The 135 recommendations contained in the Draft Report have
been disseminated both at central and local levels.
2.
UPR action plan being enforced
In order to address the recommendations in an effectively and coordinated manner,
the GON has adopted and enforced an Action Pan on the Implementation of UPR
Recommendations. The Action Plan outlines requisite measures to implement the
recommendations, with specification of responsible bodies and assisting bodies, and the
expected time-frame. The activities identified by the Action Plan are being streamlined
with those being carried out under the National Human Rights Action Plan and other
sectoral action plans.
The GON has received requests at various times from various mandate holders for visit
in Nepal. It is considering extending invitation to mandate holders in due course of time
on the case to case basis. It is also establishing a mechanism in the Office of the Prime
Minister and Council of Ministers to promptly respond to requests for invitation to visit of
special procedures.
3.
Development in peace process
Nepal has made significant headway in the peace process and constitution making. The
Special Committee for Supervision, Integration and Rehabilitation of Maoist Combatants,
which was formed under Article 146 of the Interim Constitution of Nepal, 2007, has
recently decided to deploy new monitors at the satellite cantonments. A total of 126
monitors are serving personnel from the Nepal Army, Nepal Police, Armed Police Force
and Maoist Army. The Committee has also decided to establish a situation center at
its Secretariat, which will serve as a formal reporting mechanism between the Special
Committee and the monitors. Now, the monitors can report back on the monitoring to the
Secretariat. The situation center comprises 16 personnel, four each from the Nepal Army,
Nepal Police, Armed Police Force and Maoist Army.
4.
Policy and legal reforms measures
The GON has further intensified its policy and legal measures. The Approach Paper of the
Three-Year Interim Plan (2010/11-2012/13) has set the goal of the Plan as to improve the
living standards of all Nepalese people, reduce poverty to 21 per cent, achieve Millennium
Development Goals by 2015 through sustainable economic growth, generating dignified
and gainful employment opportunities, reducing economic inequalities, achieving regional
balances and eliminating social exclusion. The Approach Paper envisages to increase the
economic growth rate from 4.4 per cent in 2009/2010 to 5.5 in 2012/13. The vision of the
Plan in relation to human rights is to build an inclusive, just and prosperous nation based
on the culture of human rights practically ensuring the international commitments made
by Nepal in this field and the fundamental rights guaranteed by the Interim Constitution
of Nepal, 2007. The strategies to be devised to achieve the vision and objective include:
incorporating human rights related issues in all sectoral development policies, plans and
programs; operating special programs for promoting human rights for the vulnerable or
marginalized groups or communities including women, children, persons with disabilities,
Dalit and indigenous peoples; enhancing the capacity and effectiveness of human rights
institutions; and developing the culture of respecting human rights through human rights
education.
The GON is reviewing the National Plan of Action on Human Trafficking. A policy on
safe migration is also being drafted in order to address illegal migration and ensure safe
migration processes. The Committee to Hear the Issues of Undocumented Workers, which
was formed at the Department of Labor on 31 January 2011, has served as an institutional
mechanism to address the issues of widespread illegal migration and exploitation of
undocumented workers.
It has already adopted the Gender Equality and Social Inclusion Policy, 2010. This Policy is
being implemented through various programs including those launched with the support
of local bodies and development partners. The GON has been implementing a National
Action Plan for the Rehabilitation and Reunification of Children Affected by Conflicts,
which was adopted in January 2011. It has adopted and enforced a National Action Plan
on the Implementation of the United Nations Security Council Resolutions 1325 and 1820
(2011/12-2915/16) on 1 February 2011. Its basic goal is to achieve sustainable peace and
just society, and with the objective of ensuring proportional and meaningful participation
of women at all levels of conflict transformation and peace building processes, and
protection of women and girls' rights. In order to achieve the goal and objective, it is
structured around five pillars: participation; protection and prevention; promotion; relief
and recovery; and resource management, monitoring and evaluation.
The Legislative Committee of the Cabinet is considering several importation policy and
legal instruments. These include a Bill on Amendment to Some Nepal Acts to Maintain
Gender Equality, a Bill on Bonded Labor (Prohibition) Regulation, Military Service (General
Provisions) Regulation, Public Procurement Regulation, Child Friendly Local Governance
National Strategic Framework and Child Friendly Local Governance Implementation
Procedures. The Ministry of Home Affairs has finalized a bill on criminalizing torture
in line with the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. The GON is also drafting bills on the protection of witnesses
and that of whistleblowers in criminal cases. It is also extensively working out for legal
measures on fast track court mechanism in criminal cases involving women. Recently,
the Ministry of Health and Population has finalized the standard operating procedures for
establishing one stop crisis centers in district hospitals or district-based health institutions.
These centers will provide requisite services and counselling to victims of, or those affected
from, gender based violence, at the same point of service.
It is to note that the GON has consistently revised measures with a view to further
strengthening national human rights institutions including the National Human Rights
Commission (NHRC). The GON has recently adopted a resolution to make efficient
the procedures for the implementation of the recommendations of the NHRC. The
resolution contains provisions to the effect that the relevant Ministry is fully responsible
for promptly carrying out those recommendations that are related to it. It has established a
fast track mechanism that the pertinent Ministry should implement compensation related
recommendations without having recourse to the Cabinet.
Moreover, in order to ensure prompt execution of court orders and decrees that are issued
in the name of the GON on various matters including those involving public interest,
the GON has already established a special mechanism in each Ministry, with specific
responsibility and accountability to execute court orders and decrees falling within the
ambit of that Ministry.
5.
Treaties ratified by Nepal
On 24 February 2011, Nepal ratified the United Nations Convention against Corruption.
An action plan has already been developed with a view to giving effect to this Convention.
The GON has formed a functional team to develop and strength policy, legal and legal
measures as required for the implementation of the Convention. It is also planning to
establish a steering committee to monitor and supervise the activities undertaken to
enforce the Convention.
6.
Bills and treaty ratification resolutions under consideration of Parliament
The Legislature-Parliament is currently considering some important treaties for ratification
by Nepal. These treaties include the United Nations Convention against Transnational
Organized Crime, 2000, United Nations Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children to Supplement the United
Nations Convention on Transnational Organized Crime 2000, BIMSTEC Convention on
Cooperation in Combating International Terrorism, Transnational Organized Crime and
Illicit Drug Trafficking, 2009 and the International Convention on Prevention of Terrorist
Financing, Convention for the Pacific Settlement of International Disputes, 1907.
7.
Enactment of laws
The Legislature-Parliament has recently passed a Bill on Tobacco Products (Control and
Regulation) Bill, 2010, the Money Laundering Prevention (First Amendment) Bill, 2011
and the Racial Discrimination and Untouchability (Offence and Punishment) Bill, 2010.
The Legislative Committee of the Legislature-Parliament is actively deliberating on the
National Human Rights Commission Bill, 2010, which contains a range of provisions
aiming to further ensure autonomy and independence of the National Human Rights
Commission. Some other important bills under consideration of the Legislative Committee
include: Sexual Harassment at Workplace (Prevention) Bill, 2010, Truth and Reconciliation
Commission Bill, 2010, Forceful Disappearance (Offence and Punishment) Bill, 2010,
Bill on Amendment to Some Nepal Acts Relating to Administration of Justice, 2010, and
Mediation Bill, 2010.
Several important Bills have already been presented before the House of the LegislatureParliament. These Bills include the National Dalit Rights Commission Bill, 2010 and a
Bill to Amend Some Nepal Acts to Make Some Public Services Inclusive, 2011. Similarly,
various Bills have been tabled in the Legislature-Parliament. These instruments include
the Electoral Rolls (First Amendment) Bill, Bill Relating to Contempt of Court, Mutual
Legal Assistance Bill, Extradition Bill, Civil Code Bill, Penal Code Bill, Civil and Criminal
Procedures Codes, Sentencing Bill and Higher Education Bill.
8.
Enforcement of new pay package for workers
The GON has, vide a notification in the Nepal Gazette of 22 May 2011, enforced a new
remuneration package, as well as a social security package, for workers of enterprises,
excluding those employed in tea estates. It has determined minimum monthly salary of
Rs. 6,200 and daily wage of Rs. 231, with effect from 15 March 2011. Accordingly, the
workers are entitled to a minimum basic salary of Rs. 3,550 and dearness allowance of Rs.
3,550 per month. All enterprises that have revised their pay package after 14 April 2010
are to follow the new pay structure. Vide this notification, a social security fund will also
be established in each enterprise. The employers have to contribute 20 per cent of the
total salary drawn by workers, and the workers have also to contribute 11 per cent of their
monthly salary.
9.
Active engagement in infrastructures building for joining various treaties
The GON is also engaging in building necessary policy, legal and institutional infrastructures
for acceding to some treaties, particularly the Rome Statute for International Criminal
Court, and the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families. The GON believes that upon the enactment
of various bills on criminal code, criminal procedure code, extradition and mutual legal
assistance, basic infrastructures will be in place to accede to the Rome Statute. The Ministry
of Labor and Transport Management is actively engaged in developing requisite legal and
institutional measures to accede to the said Convention.
10.
Achievements made in MDGs
Poverty has fallen by about five percentage points in the last six years. Underemployment
has decreased. Both the chronic and transitory food security situation has improved. The
net enrolment rate in primary education is increasing. Gender equality in education has
improved substantially, and the 2015 target regarding equal access of girls and boys to
primary education has already been achieved. Women's participation in public life has
also improved. Their presence in the formal labor including migrant workers, security
forces and teaching, is increasing. Women's presence in political domain has also grown
significantly over the last four years.
The under-five mortality rate has decreased significantly in recent years, and the target
is likely to be met earlier than 2015. The maternal mortality rate has also dropped
significantly, pointing to a reduction by three-quarters by 2015. The target for reversal of
HIV/AIDS and other diseases is likely to be met.
In relation to the targets relating to environmental sustainability, the GON believes that
much more efforts and resources will be required to achieve these targets. It is to note that
ensuring environmental sustainability is linked to improvements in people's livelihoods
and economic development. Even though Nepal's contribution to green-house gas
emission is very low, Nepal is highly vulnerable to the risks of climate change. The GON
has focused on community-based initiatives for effective conservation and sustainable use
of forests and biodiversity and reduction of biodiversity loss. Energy production and use
also remains a major challenge. Fuel wood is still the main source of energy for cooking
purposes. More than have of households have access to electricity for lighting, and the rest
of the population depends on gas, oil, kerosene and other sources.
In the nutshell, the policy environment for meeting the MDGs targets has remained
largely favourable. Overall development policies and plans have been guided by poverty
reduction, inclusion and social justice. The GON, therefore, believes that potentially
Nepal will be able to achieve most of its MDG targets by 2015, except for the more
complex ones-full employment and climate change- which will require further stronger
efforts and an appropriate environment.
Activities
1.
Give its full support to ensure the
Constituent Assembly successfully
fulfils its mandate of drafting a new
Constitution by May 2011, giving
due consideration to the views of
the different groups that compose
Nepalese society (Republic of Korea);
Ensure full participation of ethnic
groups and casts in the Constitutionmaking process, in particular in
the Constituent Assembly (Poland);
Accelerate steps towards framing a
new Constitution (Egypt); Frame a
new Constitution and undertake a
democratic, inclusive and progressive
State restructuring (China); Complete
the new Constitution on time and
take into account that peaceful
coexistence requires that the right
to freedom of religion for all citizens
be clearly included and formulated
according to international standards
(Holy See); Ensure that the new
Constitution fully guarantees the
right to freedom of religion or
belief and the right to equality and
non-discrimination in line with
international standards (Italy)
Facilitate to ensure that the new
Constitution fully guarantees the right to
freedom of religion or belief and the right
to equality and non-discrimination in line
with international standards
Facilitate to carry out federal, inclusive and
federal restructuring of state
Facilitate to accelerate steps forwards to
new constitution in stipulated time
Further support for full participation of
ethnic groups and casts in constitution
making
Recommendations examined by Nepal and enjoy its support (Yes category)
Conclusions and/or
Recommendations
MOLJ
MOFA
MOFACAC
Due course Ethic group and
of time
caste will be
able to have full
and meaningful
participation in
the Constituent
Assembly
Expected
Assisting
Result Indicators
Body
Time Frame
OPMCM
Responsible
Body
Action Plan on Implementation of UPR Recommendations
Ensure that the new Constitution
being formulated and its national
legislation is in line with international
human rights instruments acceded
to by Nepal (France); Continue
the process of bringing its national
legislation in line with international
standards (Azerbaijan); Review its
legal framework to provide for a
better protection and promotion of
women’s rights (Slovakia)
In the framework of the reform of the
penal code and the penal procedure
code, conform to the totality of the
provisions of the CAT (Switzerland);
Criminalize torture (Denmark); Enact
specific legislation in domestic law
to criminalize the offence of torture
which is fully compliant with the
requirements of the CAT (United
Kingdom); Criminalize torture and
enforced disappearances in line with
international standards (Slovenia)
Introduce comprehensive legislation
and more stringent enforcement of
existing laws in the areas of domestic
violence towards women and human
trafficking (Indonesia)
2.
3.
3a.
Conclusions and/or
Recommendations
Draft and submit bills as appropriate
Identify areas for reforms to make them
comprehensive
Review, revise, and propose amendments,
as appropriate, to existing domestic
violence and human trafficking laws
Facilitate to formulate and enact legislation
criminalizing enforced disappearances
Facilitate to formulate and enact torture
legislation criminalizing torture
Review discriminatory laws also in view of
women’s rights
Review laws and facilitate to amend and
reform laws to further bring them in line
with international standards
Activities
MOPR
MOLJ
MOFACAC
MOLJ
MOFACAC
MOHA
OPMCM
MOWCSW
MOPR
OPMCM
MOHA
Due course Laws relating to
of time
domestic violence
and human
On-going
trafficking reviewed,
revised and
amended
Due course Laws criminalizing
of time
torture and enforced
disappearance
enacted and
implemented
Women’s rights
better protected and
promoted
National legislation
to be further in line
with international
standards
MOLJ
MOFACAC
MOHA
Due course New constitution
of time
based on
international human
On-going
rights standards
OPMCM
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
Responsible
Body
Strengthen the National Human Facilitate to pass the new Act
Rights Commission (NHRC) to
Adopt strategy to strengthen NHRC as
enable it to maintain its A-status
appropriate
accreditation (India)
Support NHRC to implement its
recommendations
6.
7.
Consolidate the national human Enhance national budget in the purview of
rights infrastructure (Egypt)
national resources
5.
follow-up
Continue promoting the work Support and strengthen National Women
of the National Commissions for and Dalit Commissions within the purview
Women and for Dalit, through the of resources
reinforcement of resources that
allows them to work in an efficient
manner (Bolivia)
Consider developing a fast track
mechanism for implementation of NHRC
recommendations
Further
strengthen
the
mechanism in the OPMCM
Ensure adoption of measure ensuring
enforcement of Supreme Court decision on
citizenship right (LGBTI)
Facilitate to formulate and enact laws
relating to LGBTI
Formulate LGBTI policies
Adopt required measures for the
implementation of programs contained in
the Human Rights Action Plan
Enact legislation to ensure members of
the lesbian, gay bisexual, transgender
and intersex (LGBTI) community
citizenship rights, consistent with
the equal rights enumerated in
the Nepali Supreme Court’s 2008
decision (USA)
Activities
4.
Conclusions and/or
Recommendations
OPMCM
MOF
MOWCSW
MOF
MOFACAC
MOLD
OAG
OPMCM
OPMCM
MOF
MOLJ
MOHA
MOFACAC
OPMCM
On-going
On-going
On-going
Efficiency of
commissions further
increased
Fast track
mechanism
established in the
OPMCM
Follow-up
mechanism
established and in
operation
Recommendations
fully implemented
NHRC further
strengthened
Infrastructures
further developed
Decision enforced
Due course Laws enacted an
of time
implemented
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
Responsible
Body
11.
10.
9.
8.
Strengthen the resources allocated to
the implementation of the adopted
National Action Plan for children
for the period 2005-2015 (Algeria);
Allocate sufficient resources for
the effective implementation of the
National Plan of Action for Children
(Slovakia)
Continue to seek capacity building
and technical assistance in order to
pursue its plans for development
and promotion of human rights
(Philippines); Implement effectively
the Human Rights Action Plan and
other national action plans, including
on the elimination of discrimination
against women and on the rights of
persons with disabilities (China);
Fully implement its National Plan
of Action for human rights and its
plans of actions to implement various
human rights conventions and
treaties (Russian Federation)
Continue with its efforts to further
accelerate its holistic and multifaceted
approach to promote and protect
human rights and freedoms (Sri Lanka)
Continue its work on strengthening
human rights in all areas in terms of
programmes and policies and ensure
human rights education’s inclusion in
school programmes throughout the
country (Saudi Arabia)
Conclusions and/or
Recommendations
Incorporate human rights education on
grade 6-8 curricula
Revise and rewrite the textbooks of school
curricula, textbooks, teachers' guides and
teacher trainings to incorporate human
rights
Include subject of human rights in every
development policy, plan, and program
Develop and implement action plan on
PWDs
Review and revise measures, as appropriate,
to ensure effective implementation of
Human Rights Action Plan and CEDAW
Action Plan
Continue measures to seek capacity
building and technical assistance
Earmark sufficient budget within the
purview of resources
Enhance resources to ensure effective
implementation of National Action Plan on
Children
Activities
MOE
OPMCM
MOWCSW
OPMCM
MOWCSW
Responsible
Body
OPMCM
Relevant
Ministries
MOFA
MOF
OPMCM
On-going
On-going
On-going
On-going
Textbooks and
training manuals
reviewed and
rewritten
Efforts to further
accelerate holistic
approach to human
rights continued
Human rights
education included
in school curricula
Action plan on
PWDs developed
and implemented
Action plans
implemented further
effectively
Capacity building
further enhanced
By the end of Sufficient resources
June 2011 allocated
Expected
Assisting
Result Indicators
Body
Time Frame
Further enhance measures aimed Review measures to enhance protection of
at protecting the human rights the rights of vulnerable groups
of children, women and other
Further enhance capacity development and
vulnerable groups (Philippines)
income generating programs
Share experiences and good Enhance measures to share experiences
practices with other countries in and good practices with other countries
areas of development and protection
of human rights (Lao People’s
Democratic Republic)
Consolidate all positive realizations Effectively implement National Human
achieved during the period of Rights Action Plan
political transformation, especially in
Carry out regular monitoring and
the human rights field (Vietnam)
supervision
Raise, through education, the level
of awareness and knowledge about
human rights of the population, with
a focus on the most vulnerable social
groups, to ensure their full enjoyment
of all human rights, in particular
economic and social rights (Vietnam)
13.
14.
15.
16.
Effectively implement National Human
Rights Action Plan
Further expand sensitization and awareness
programs from central to local level
Design and implement national action
plans for rehabilitation of women, children
and families affected by conflict
Take further measures to ensure effective
implementation of rights of women and
children
Design and implement programmes
to ensure the respect for and
protection of the rights of women
and children, in particular the
rehabilitation of women, children
and families affected by conflict
(Egypt)
Activities
12.
Conclusions and/or
Recommendations
MOE
OPMCM
OPMCM
OPMCM
NHRIs
MOLD
MOIC
Relevant
Ministries
Relevant
Ministries
MOFA
Civil
Society
OPMCM
MOLD
MOPR
MOWCSW
OPMCM
On-going
On-going
On-going
On-going
On-going
Level sensitization
and awareness
of human rights
increased
Achievements
consolidated
Experiences and
good practices
shared with other
countries
Women, children
and other vulnerable
groups further
empowered
(This activity has
already been taken
by MOPR)
Action plans
developed and
implemented
By the end of Requisite measures
June 2011 adopted
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
Responsible
Body
Continue to cooperate with the UN
and other international organizations
to strengthen human rights in Nepal
(Lao People’s Democratic Republic)
Make further efforts to overcome the
difficult issue of discrimination on
the grounds of religion, gender, race
or otherwise (Japan); Continue its
efforts to end discrimination on the
grounds of religion, race or gender in
law and practice (Pakistan); Continue
19.
20.
18.
Give priority to a successful
conclusion of the peace process
with every effort made to centre it
on human rights as a sure foundation
for the future of the country (Holy
See); Seek to enhance international
cooperation to address the lack
of human capacity and financial
resources in the peace process
and post-conflict reconstruction
(Vietnam); Seek support of the
international community in Nepal’s
efforts to firmly institutionalize
peace building efforts (Pakistan);
Continue its national reconciliation
efforts (Singapore); Continue efforts
in ending the political instability in
the country (Bhutan); Continue to
strengthen the democratic experience
that it has embarked upon (Yemen)
Make further efforts to implement the
recommendations from various treaty
bodies (Japan)
17.
Conclusions and/or
Recommendations
for
international
Facilitate to adopt comprehensive
legislation prohibiting discrimination on
any ground
Review and revise policies and other
measures as appropriate
Continue activities
cooperation
Develop a monitoring mechanism to
ensure proper implementation of treaty
body recommendations
Accelerate support to peace building efforts
Keep on giving priority to the conclusion of
peace process
Activities
MOWCSW
MOLD
OPMCM
MOFA
Concerned
Ministries
OPMCM
OPMCM
MOPR
Responsible
Body
Relevant
Ministries
Relevant
Ministries
Relevant
ministries
MOHA
OPMCM
On-going
On-going
On-going
Comprehensive
legislation enacted
and implemented
Policies and
laws reviewed as
appropriate
International
support, assistance
further enhanced
Recommendations
implemented fully
and timely
International
assistance,
cooperation
enhanced
Due course Peace process
of time
brought to a logical
end
Expected
Assisting
Result Indicators
Body
Time Frame
23.
22.
21.
its efforts to overcome discrimination
and social exclusion on the basis of
gender, caste, class, ethnic group,
disability or geographic situation,
in order to ensure the respect of
civil, political, economic, social and
cultural rights (Argentina)
Continue its efforts to ensure gender
equality
(Singapore);
Continue
its efforts for the promotion and
protection of human rights and
to continue to promote the role
of women in society in order to
guarantee quality life for its citizens as
planned on viability, development,
protection
and
participation
(Palestine)
Take steps to ensure nondiscrimination based on sexual
orientation and gender identity
including in the proposed civil
and criminal laws (New Zealand);
Implement fully the Supreme Court
decision regarding sexual and gender
minorities (Norway)
Eliminate all forms of discrimination
and pass the bill on caste-based
discrimination and untouchability
(Denmark); Continue realizing the
necessary efforts to eradicate all
forms of discrimination, through the
implementation of commitments
it
undertook
with
CERD
(Bolivia);While appreciating the
Conclusions and/or
Recommendations
Develop a mechanism to ensure
implementation of policies by local
authorities in rural and remote areas
Facilitate the passage of the bill against
untouchability as soon as possible
MOWCSW
Tale further measure, as appropriate, to
ensure SC's decision on sexual and gender
minorities
OPMCM
MOLJ
MOFACAC
MOLJ
OPMCM
OPMCM
Existing activities
continued
Policies and
laws reviewed
and revised as
appropriate
Mechanism to ensure
implementation of
policies by local
authorities developed
Due course Bill against
of time
untouchability
enforced and
On-going
enacted
Due course Civil and criminal
of time
laws revised and
amended
On-going
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
MOLD
MOFACAC
MOHA
MOFACAC
MOWCSW
Responsible
Body
Facilitate to adopt civil and criminal codes
Continue the existing activities
Review and revise policies and measures as
appropriate
Activities
28.
27.
26.
25.
24.
fact that the Government’s priorities
include
combating
caste-based
discrimination, ensure that the policy
is fully implemented also by the local
authorities in rural and remote areas
(Czech Republic)
Promptly
implement
all
recommendations put forward by the
National Human Rights Commission
regarding
prosecutions
and/or
departmental actions against alleged
human rights violators (Canada)
Take concrete steps to ensure the
security of human rights defenders,
including
journalists
(Czech
Republic)
Ensure that all Maoist army
personnel disqualified as minors
have unhindered access to the
rehabilitation packages and ensure
that children are not exposed to
or forced to participate in violent
activities by political parties (Austria)
Adopt effective measures to guarantee
the protection of victims of gender
violence, duly investigate allegations
and ensure that those responsible be
prosecuted and sanctioned (Spain)
Continue putting forward intensive
efforts in order to eliminate
violence against women and boost
their participation in political and
administrative
decision-making
(Azerbaijan)
Conclusions and/or
Recommendations
and boost participation of women in
political and administrative decision
Continue efforts to eliminate VAW
Continue and revise existing measures
Revision of laws (facilitate the enactment
of civil and criminal codes) for ensuring
effective protection of victims of GBV
Review
existing
mechanisms,
as
appropriate, to ensure unhindered access
of disqualified Maoist army personnel to
rehabilitation packages
Adopt a special program on security
of human rights defenders including
journalists
Further
strengthen
the
follow-up
mechanism to ensure full implementation
of NHRC recommendations
Activities
MOSCSW
MOHA
MOFACAC
MOPR
MOHA
OPMCM
Responsible
Body
OPMCM
MOGA
OPMCM
MOHA
OPMCM
MOIC
OPMCM
MOPR
MOF
MOHA
OAG
On-going
Women's
participation in
decision making
boosted up
VAW eliminated
Due course Unhindered access
of time
of disqualified
Maoist army
personnel to
rehabilitation
packages further
ensured
As promptly Measures for
as possible effective protection
of victims in place
On-going
As promptly A special program
as possible developed and
implemented
As promptly Follow-up
as possible mechanism
developed to ensure
On-going
full implementation
of recommendations
Expected
Assisting
Result Indicators
Body
Time Frame
Establish accountability for conflictera human rights abuses through
the formation of the Truth and
Reconciliation Commission and
Disappearance Commission, as
agreed to in the Comprehensive
Peace Agreement (USA)
32.
31.
30.
Strengthen its measures to eradicate
child abuse, sexual exploitation of
children (Azerbaijan)
Strengthen the implementation of its
Human Trafficking and Transportation
(Control) Act 2007 and its Regulation
2008 (Bhutan);Further strengthen
law enforcement and the judicial
system in the efforts to address
impunity, prevent domestic violence,
and to protect women and children
from trafficking as well as physical
and sexual exploitation (Malaysia);
Combat human trafficking and forced
prostitution in particular of children
(Germany); Fight trafficking in
persons, prosecute perpetrators and
provide protection and compensation
to victims (Netherlands)
Strengthen implementation of Child
Labour (Protection and Regulation)
Act 1999 (Bhutan)
29.
Conclusions and/or
Recommendations
Develop
required
guidelines
regulations
and
Facilitate the passage of Bills on TRC and
Disappearance Commission in line with
international standards
Revamp measures to implement Child
Labour (Protection and Regulation) Act
1999
Revamp measures to rehabilitate the
victims of trafficking
Expand rehabilitation centers
Review and revise operational manuals of
rehabilitation centers
Adopt further measures for capacity
building of OAG and Judiciary
Adopt further measures to build capacity of
law enforcement agencies
Strengthen and implement effective
programs to eradicate child abuse, sexual
exploitation of children
Develop further requisite measures to
ensure effective implementation of Human
Trafficking Act 2007 and its Regulation
2008
Activities
MOLJ
MOD
MOFACAC
MOPR
MOLTM
OPMCM
MOLD
MOWCSW
MOHA
Central
Child
Welfare
Committee
OPMCM
MOF
MOHA
OAG
OPMCM
MOHA
OPMCM
Effective
implementation of
law in place
Capacity of law
enforcement
agencies, OAG and
Judiciary further
enhanced
Child abuse and
sexual exploitation
eradicated
Effective
implementation
of anti human
trafficking law in
place
Regulations
developed
Due course Formation of
of time
Commissions
On-going
On-going
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
MOSCW
Responsible
Body
Ensure that the perpetrators of
human rights violations, both past
and present, are brought to justice in
proceedings which meet international
standards of fairness (Sweden)
34.
Develop
required
guidelines
regulations
and
Facilitate the passage of Bills on TRC and
Disappearance Commission in line with
international standards
Establish the TRC and the Commission Review measures as appropriate for
of Inquiry on Disappearances as protection and assistance to the victims
stipulated in the 2006 Comprehensive including family members of disappeared
Peace Agreement (Australia); Ensure
that the TRC as well as to the
Commission on Disappearances
be operational within the briefest
delay and that there be no amnesty
for grave violations of human rights
(Switzerland); Accelerate the process
of establishing a TRC (Republic of
Korea); Establish an independent TRC
and take immediate action to account
for the missing and ensure reparations
to victims, including family members
of the disappeared (Sweden); Take
necessary steps to set up the TRC
and the Commission on the Inquiry
on Disappearances since the failure
to act on human rights abuses
undermines respect for the rule of
law (Czech Republic); Establish
without further delay the TRC and
Disappearances Commission and
ensure their independence from
political interference (Denmark)
Activities
33.
Conclusions and/or
Recommendations
MOFACAC
MOPR
MOPR
Responsible
Body
OPMCM
NHRIs
OPMCM
Regulations
developed
On-going
Regulations
developed
of time
Commissions
On-going
of time
Commissions
Expected
Assisting
Result Indicators
Body
Time Frame
Ensure that all decisions from the
judiciary, regarding those presumed
responsible for serious human rights
violations during and after the conflict,
are fully respected by all concerned
institutional actors, particularly by the
army and the police forces (France);
Tackle impunity by investigating and
prosecuting human rights violations
and abuses committed by state and
non-state actors during and since the
conflict, implementing court orders
including on the Nepal Army, and
ending political interference (United
Kingdom)
Implement measures to encourage
women to undertake legal training
and facilitate their entry into the
judiciary (New Zealand)
Protect its citizens from labour
exploitation at home and abroad by
providing improved regulation and
oversight of workplace practices
(United States of America)
37.
39.
38.
36.
Continue its efforts in order to clarify
the crimes perpetrated during the
armed conflict, in particular regarding
enforced
disappearances
and
extrajudicial killings and prosecute
those responsible (Argentina)
Seek to remove the obstacles faced
by victims trying to access justice
(Republic of Korea)
35.
Conclusions and/or
Recommendations
Develop, as appropriate, occupational
safety and health regulations
Revamp monitoring mechanism of
workplace practices
Continue making bilateral labor agreements
Review existing measures and work
out further measures, as appropriate, to
encourage legal training and facilitate
women's entry into judiciary
Revamp measures to curbing issue of
impunity
Adopt measures to remove such obstacles
Review and enhance existing mechanism
for implementation of decisions from
judiciary, by all particularly the army and
police forces
Identify obstacles faced by victims trying to
access justice
Give continuity to, and take further
measures, as appropriate, to clarify crimes
perpetrated during armed conflicts
Facilitate the formation of TRC and
Disappearance commissions
Activities
MOLTM
MOE
MOLJ
OPMCM
MOPR
MOD
MOLJ
MOFA
MOI
OPMCM
OPMCM
MOF
MOLJ
OPMCM
OPMCM
Due course Women encouraged
of time
to undertake legal
trainings and
On-going
women's entry into
judiciary enhanced
Due course Oversight of
of time
workplace further
(preferably enhanced
by December
Incidence of labor
2011)
On-going exploitation reduced
Rule of law further
promoted
Due course Access of victims
of time
to justice further
enhanced
On-going
Due course Implementation
of time
of decisions of
judiciary further
On-going
enhanced
Due course Access of conflict
of time
victims to justice
further enhanced
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
MOLJ
MOHA
OAG
MOHA
OAG
MOHA
MOPR
Responsible
Body
43.
42.
41.
40.
Intensify
efforts
in
providing
basic services to vulnerable or
marginalized groups or communities
particularly providing quality health
and education services and creating
more employment opportunities
(Myanmar)
Call on the international community
to encourage the present stage of
development in Nepal and provide
the necessary assistance to strengthen
Nepal’s domestic capacity to address
the challenges (Myanmar)
Step up its efforts to reduce poverty,
particularly rural poverty (Algeria);
Reinforce its efforts in the area of
the fight against poverty with a
view to attaining the Millennium
Development
Goals
and
to
request the necessary financial and
technical assistance in this regard
(Morocco);Continue implementing
the necessary economic measures
to eradicate poverty, allowing all
the Nepalese population a life with
dignity (Bolivia)
Continue its efforts to achieve
equitable
socio-economic
development,
address
poverty
alleviation through its overarching
objective according to its current
policies and Action Plans with
the support by the international
community in order to meet the
targets of MDGs (Cambodia)
Conclusions and/or
Recommendations
poverty
Revisit, as appropriate existing measures,
to achieve equitable socio-economic
development
Continue efforts to achieve MDGs
Continue existing measures.
Reinforce efforts to reduce
particularly rural poverty.
Revisit, as appropriate, existing mechanisms
to call on international community for
support in development activities.
Intensify efforts to create more employment
opportunities to vulnerable groups
Revamp efforts to provide basic services
particularly quality health and education to
marginalized groups
Activities
NPC
Poverty
Alleviation
Fund
MOF
All
ministries
MOFA
OPMCM
All
ministries
Poverty
Alleviation
Fund
NPC
MOF
OPMCM
OPMCM
On-going
On-going
Poverty further
reduced
Poverty particularly
rural one reduced
Due course Health and
of time
education status of
vulnerable group
On-going
further improved
Employment
opportunity further
created
On-going International support
and assistance
further increased
Expected
Assisting
Result Indicators
Body
Time Frame
OPMCM
MOF
MOFA
MOLTM
MOE
MOHP
Responsible
Body
46.
45.
44.
Continue pursuing socio-economic
and political transformation process
that will also imply the framing of
a new constitution (Azerbaijan);
Continue applying the strategies
and plans for socio-economic
development of the country (Cuba);
Speed up its efforts to reduce poverty
and unemployment in the country
and seek broader international
cooperation to deal with the threats
posed by climate change (Azerbaijan);
Continue its efforts to combat poverty
and ensure sustainable development
(Russian Federation)
Step up efforts to achieve the effective
realization of economic, social and
cultural rights for the marginalized
and vulnerable groups by ensuring
that they are provided with adequate
access to food, health, education
and fair employment (Malaysia);
Redouble efforts to promote and
protect the rights of vulnerable
groups such as children, women,
people with disabilities and aged
persons (Cuba)
Continue its efforts, through the
UNFCCC and other fora, to remind
the
international
community,
especially developed countries and
other major emitting States, of their
obligations to protect and promote
human rights in Nepal by reducing
greenhouse gas emissions to safelevels (Maldives)
Conclusions and/or
Recommendations
to
reduce
and
MOWCSW
MOLTM
MOFA
OPMCM
MOF
MOHP
MOE
OPMCM
MOAC
Ministry of
Environment
NPC
MOFA
Poverty
Alleviation
Fund
All
ministries
OPMCM
On-going
Measures to protect
human rights against
effects of climate
change further
enhanced
Efforts to protect
rights of these
groups redoubled
Due course Access of
of time
marginalized groups
to basic services
On-going
further enhanced
Due course Efforts to reduce
of time
and unemployment
continued
On-going
Further measures
taken to seek
international
cooperation to tackle
threats posed by
climate change
Expected
Assisting
Result Indicators
Body
Time Frame
MOF
Responsible
Body
Continue efforts, and revisit measures, Ministry of
as appropriate, to remind international Environment
community of their obligations to protect
human rights by reducing greenhouse gas
Take further appropriate measures to
redouble efforts to protect rights of
vulnerable groups such as children,
women, aged and PWDs
Revisit and adopt , as appropriate, measures
to ensure adequate access of marginalized
groups to food, health, education and fair
employment
Develop further measures to seek broader
international cooperation to tackle threats
posed by climate change
Continue
efforts
unemployment
Activities
Continue pursuing and enhancing
housing
programmes,
which
appear to have yielded good results
(Singapore)
Continue efforts to ensure that
primary education becomes free
and compulsory for all children
(Norway);Continue
applying
programmes and measures for the
enjoyment of the right to education
and the right to health (Cuba)
50.
51.
49.
48.
Continue
taking
appropriate
measures to narrow down the gap
between the rich and the poor. The
international community must also
rise to the occasion and help Nepal
in their efforts (Pakistan)
Improve food safety of vulnerable
groups,
particularly
indigenous
people, former bonded labourers,
Dalits, Muslims, persons with
disabilities and those who are
infected with HIV/AIDs (Hungary)
Expand
its
School
Feeding
Programmes and use locally-sourced
food (Brazil)
47.
Conclusions and/or
Recommendations
MOE
Poverty
Alleviation
Fund
MOAC
NPC
MOF
Responsible
Body
Ministry of
Housing
and Physical
Planning
Piloting Free and Compulsory Education in
MOE
selected Village Development Committees
MOHP
and Municipalities.
Pioloting Free and Compulsory Education
in Village Development Committees where
Resource Centres located.
Incorporate School Health and Nutrition
Programmes in education and widely
disseminated School Health and Nutrition
Guideline and National Framework
of Child Friendly Schools for Quality
Education,
Review and revise, as appropriate,
measures to implement housing programs
Increase the students numbers and districts
to expand programs on school feeding
Review and adopt measures, as appropriate,
to improve food safety of vulnerable groups
including indigenous peoples, Dalits
Continue efforts, and revisit measures, as
appropriate, to reduce gap between the
rich and the poor
Activities
MOF
OPMCM
MOF
OPMCM
MOAC
OPMCM
OPMCM
MOLD
MOLTM
MOSCSW
MOHP
OPMCM
On-going
Preferably by
end of June
2011
On-going
On-going
On-going
On-going
Efforts towards
ensuring free
and compulsory
education and
rights to health and
education continued
School feeding
programs expanded
with increase in
children enrollment in
school and decrease
in drop-out rate
Housing programs
further revamped
Programs relating to
food safety further
revamped and
implemented
Efforts to narrow
down gap between
the rich and the
poor continued and
further revisited
Expected
Assisting
Result Indicators
Body
Time Frame
55.
54.
53.
52.
Activities
Put in place a follow-up mechanism
with a view to ensuring the return,
registering,
readaptation
and
reinsertion of internally displaced
peoples, in all security and dignity
(Moldova);Establish a monitoring
system to ensure the return,
rehabilitation and reintegration of
internally displaced persons (Austria)
Undertake a participatory process
in the implementation of the UPR
recommendations (Norway)
Establish a participatory mechanism to
implement UPR recommendations
Revamp, and develop, as appropriate, a
follow up and monitoring mechanism to
ensure return, registering, rehabilitation,
and reintegration of IDPs
Review and adopt, as appropriate
measures, including positive discrimination
and reservation, to ensure equal access to
quality education
Reach out to parents and parents’ Conduct parental education to parents
groups to promote equal access to from Early Childhood Education and
education and participation in local Development to Secondary education.
institutions for their children, and to
Continue the literacy programmes.
encourage parents to appreciate the
value of education and benefits of Reinforce existing reach out programs to
parents and parents groups
participation (Finland)
Implement the teacher service commission
regulation to recruit the teacher.
Ensure that all girls, Dalit children Continue Scholorship Programmes.
and children belonging to ethnic
Conduct
the
Pro-poor
Targeted
minorities have equal access to
programmes,
quality education (Finland)
Ensure free education to targeted groups up
to grade secondary level.
Conclusions and/or
Recommendations
OPMCM
MOPR
MOE
MOE
Responsible
Body
MOHA
OPMCM
MOF
OPMCM
MOF
OPMCM
Increased
sensitization and
awareness among
parents' group
Further appropriate
measures to
increased equal
access of all to
quality education
adopted and
implemented
On-going
UPR
recommendations
implemented in a
participatory manner
Due course Return and
of time
rehabilitation of IDPs
further ensured
On-going
On-going
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
Activities
Responsible
Body
Expected
Assisting
Result Indicators
Body
Time Frame
60.
59.
58.
57.
56.
Already ratified
Revamp, reinforce , review the existing
measures, and adopt, as appropriate,
further measures to end torture and related
impunity
Review legislation, and amend Review relevant laws, as appropriate
it where necessary, to remove
provisions which allow government
and military personnel to act with
impunity (New Zealand)
Do all the necessary to accelerate Revamp plans, policies and programs
the drawing up of the various legal to reaffirm and reinforce the equality
texts to reaffirm and reinforce the between all ethnic, cultural and linguistic
equality between all ethnic, cultural component of Nepali society
and linguistic components of Nepali
society (Algeria)
Restore the independence and Facilitate to enact Bill on NHRC
mandate of the NHRC in line with
Reinforce implementation mechanism
the Paris Principles (Canada);Ensure
for
implementation
of
NHRC
that the NHRC functions in line with
recommendations
the Paris Principles (France);Provide
the NHRC with adequate funding Enhance programs on capacity and
and autonomy to ensure that the institutional building of the NHRC
Commission can properly fulfil its
mandate (Republic of Korea);Take all
necessary measures for the capacity
building of the NHRC, the respect
of its independence and autonomy
as well as the implementation
of
its
recommendations
Ratify the Optional Protocol to the
CRC on the involvement of children
in armed conflict (Austria)
Undertake legal and administrative
efforts to end torture and related
impunity (Germany)
MOFACAC
OPMCM
MOE
MOLJ
MOLD
MOD
MOHA
OAG
MOHA
MOF
OPMCM
OPMCM
MOLJ
OPMCM
MOLJ
On-going
On-going
On-going
On-going
Capacity building
of NHRC further
enhanced
New Act passed
Plans, policies
and programs on
equality further
revamped
Laws reviewed as
appropriate
Efforts to end torture
and impunity further
revamped
The following recommendations enjoy the support of Nepal which considers that they are already implemented or in the process of implementation:
Conclusions and/or
Recommendations
Develop a National Action Plan on Review and monitor implementation of
ending violence against women and National Action Plans on ending violence
children (Australia)
against women and children
Cooperate closely with the United
Nations in particular with the local
Office of the High Commissioner for
Human Rights (France)
Take prompt and effective measures
to safeguard the equal enjoyment of
human rights by all, and to combat
discrimination in all its forms
(Sweden)
Take the necessary legal and policy
measures to end discrimination,
including of women, children and
Dalits (Netherlands)
63.
64.
66.
65.
Design
programmes
for
the Revamp mechanisms for implementation
implementation of its human rights of Human Rights Action Plan
action plan (Egypt);
62.
Continue and revamp measures to combat
discrimination in including against women,
children and Dalits
Review existing laws and facilitate to
amend laws, as appropriate
Continue and revamp measures to combat
discrimination in all forms
Continue measures for close cooperation
with UN agencies, and OHCHR
Provide
the
National
Dalit
Commission and the National
Women’s Commission with sufficient
resources to effectively realize their
mandate (Slovenia)
Continue providing sufficient resources to
strengthen National Women Commission
and National Dalit Commission to
effectively realize their mandate
Activities
61.
(France);Strengthen the role of
the NHRC as an independent
institution and follow-up on its
recommendations (Norway);
Conclusions and/or
Recommendations
MOFACAC
MOLD
OPMCM
Relevant
Ministries
MOWCSW
MOWCSW
OPMCM
MOFA
Relevant
Ministries
MOLD
OPMCM
MOWCSW
OPMCM
Relevant
Ministries
MOF
MOF
MOLD
OPMCM
OPMCM
On-going
On-going
On-going
On-going
On-going
On-going
Laws reviewed
and amended as
appropriate and
measures continued
and reinforced
Mechanisms to
implement Human
Rights Action Plan
revamped
National Action Plan
against Violence
against Women and
Children effectively
implemented
Measures for
close cooperation
with UN further
revamped
Measures against
discrimination
continued and
revamped
NWC and NDC
further strengthened
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
Responsible
Body
Take necessary measures for
the prevention of such deeds
as reported warrantless arrests,
torture, extra-judicial killings and
other misconduct and ensure swift
and fair investigations on alleged
misconduct by law enforcement
authorities (Japan); Investigate all
cases of ill treatment and abuse, such
as enforced disappearances, cases of
torture, arrests without warrants and
extrajudicial killings by the police as
well as the national army and ensure
the delivery of justice regarding
these serious human rights violations
(Hungary)
Take effective measures to prevent Continue measures to prevent possible acts
possible acts of mistreatment (Turkey) of mistreatment
70.
71.
69.
Initiate legislative measures to
effectively address and eradicate longstanding discrimination, including
“untouchability” (Austria)
Conduct thorough and impartial
investigation into allegations that
the police or any person of the
justice system has taken part in
discriminatory actions (Sweden)
68.
Continue human rights education programs
for law enforcement agencies
Reinforce human rights awareness
programs for law enforcement agencies
Further
revamp
preventive
and
investigatory,
and
prosecutorial
mechanisms within security forces
Revamp monitoring mechanism to maintain
impartial investigation into allegations that
the police or any person of the justice
system has taken part in discriminatory
actions
Forge support for early enactment of the
Bill against untouchability
Criminalize discrimination based Forge support for early enactment of the
on caste, gender, religion, ethnicity, Bill against untouchability
political belief or disabilities
(Germany);
Activities
67.
Conclusions and/or
Recommendations
MOHA
MOD
MOHA
MOD
MOHA
MOLD
MOLD
Responsible
Body
OPMCM
OPMCM
OPMCM
OPMCM
OPMCM
On-going
On-going
On-going
On-going
On-going
Measures against
mistreatment
continued
Accountability
of security forces
further enhanced
Monitoring
mechanism
reinforced
Bill against
untouchability
enacted
Bill against
untouchability
enacted
Expected
Assisting
Result Indicators
Body
Time Frame
Abolish all forms of child labor,
including bonded labor and take
Continue measures to ensure effective
measures to ensure that no person
implementation of child labor related laws
under 18 years of age is allowed
to perform hazardous work, in Revamp monitoring mechanism
accordance with the ILO Convention
No. 138 (Poland)
Continue measures to ensure effective
implementation of child labor related laws
Accelerate support for effective and rapid
social and educational reintegration of
child soldiers who remain in military camps
Continue effectively implementing laws
against violence against children and child
recruitment
75.
74.
73.
Continue mechanism s to conduct thorough
and impartial investigation
Conduct thorough and impartial
investigation into allegations of
torture and physical abuse, and to
bring to justice anyone suspected of
having participated in arbitrary arrests
or having committed excessive use
of force, torture and other human
rights
violations
(Sweden);Take
effective measures to prevent acts of
torture and ensure that allegations of
torture are promptly and impartially
investigated and prosecuted (Austria)
Ensure that any form of violence
against children and child recruitment
becomes punishable under domestic
law (Hungary); Intensify efforts for
the effective and rapid social and
educational reintegration of child
soldiers who remain in military
camps (Spain)
Establish State structures for the
supervision, prevention, rescue and
rehabilitation in the cases of child
labour and mendacity and ensure
that those responsible be prosecuted
and sanctioned (Spain)
Activities
72.
Conclusions and/or
Recommendations
MOLTM
MOSCSW
OPMCM
MOLD
MOSCSW
Central
Child
Welfare
Committee
OPMCM
MOHA
MOPR
MOLTM
OPMCM
OPMCM
On-going
On-going
On-going
On-going
Monitoring
mechanism
revamped
Effective
implementation of
laws continued
Effective
implementation of
laws continued
Support for
reintegration
accelerated
Effective
implementation of
laws continued
Mechanism s to
conduct thorough
and impartial
investigation
continued
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
MOD
MOHA
Responsible
Body
Develop the necessary tools to ensure
education and human rights training,
notably for law enforcement officials
(Morocco);Provide
mandatory
human rights training for its police
force (New Zealand)
Ensure that the right to freedom of Further ensure the guarantee of the right
assembly is guaranteed and remove to freedom of assembly as provided by the
all restrictions to peaceful protests Constitution and laws
(Canada)
81.
82.
80.
79.
Further ensure that compulsory human
rights training for police force is provided
Effectively implement awareness and
sensitization programs for law enforcement
officials
Further
enhance
the
system
of
accountability to investigate and prosecute
human rights violators in army and law
enforcement agencies
Facilitate to accelerate the process of
passing the Bills on TRC and Disappearance
Commissions
Continue and reinforce existing measures
to guarantee effective access to justice and
protection for women victims of GBV
Take measures to guarantee effective
access to justice and protection for
women victims of gender based
violence (Brazil)
Create a system of accountability to
investigate and prosecute human
rights violators in Nepal’s military
and law enforcement agencies (USA)
Ensure that the laws relating to the
TRC, as well as to the Commission
on Disappearances are in line with
international standards (Switzerland)
78.
77.
Create mechanisms to end the case Facilitate to continue measures to
backlog at all levels of the judicial implement the Strategic Plan of Judiciary to
system (USA)
end the case backlog at all levels of judicial
system
Ensure that the cases of violence Continue effective implementation of laws
against women and girls are duly against women and girls
investigated (Thailand)
Activities
76.
Conclusions and/or
Recommendations
MOHA
MOD
MOHA
MOFACAC
MOPR
MOD
MOHA
MOWCSW
MOLJ
MOWCSW
OAG
MOLJ
Responsible
Body
OPMCM
OPMCM
OPMCM
OPMCM
OPMCM
OAG
MOHA
OPMCM
OPMCM
On-going
On-going
On-going
On-going
On-going
On-going
On-going
Right to freedom
guaranteed by the
Constitution and
laws further fully
ensured
Bills on TRC and
Disappearance
Commissions
enacted and
implemented in line
with international
standards
Law enforcement
officials and police
force being further
human rights
sensitive
Mechanism of
accountability
further enhanced
Access of victims
to justice further
enhanced
Effective
implementation of
laws further ensured
Case backlog
reduced as targeted
Expected
Assisting
Result Indicators
Body
Time Frame
Protection Policy, and minimum
standards for child care homes, and
take the necessary steps to ensure
their full implementation (Canada)
Take more effective measures to
increase the involvement of the
indigenous peoples, minorities and
vulnerable groups in the civil service,
law enforcement agencies and local
authorities (Malaysia).
Review and adopt, as appropriate,
measures, including affirmative action,
reservation and quota, to increase
involvement of indigenous people,
minorities and vulnerable groups in public
service and law enforcement agencies and
local authorities
Activities
MOLD
Responsible
Body
OPMCM
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
Involvement of
indigenous people,
MOGA
MOWCSW
vulnerable groups
in civil service,
law enforcement
agencies and local
authorities further
enhanced
The following recommendations will be examined by Nepal, which will provide responses in due time, but no later than the 17th session of the
Human Rights Council in June 2011: MAY CONSIDER
84. Ratify the Rome Statute (Germany)
Develop required infrastructure to ratify the
MOFA
OPMCM
Due course The Rome Statute
Rome Statute
of time
ratified
MOLJ
85. Enact a Juvenile Justice Law compliant Work out for making a new juvenile justice
MOLJ
OPMCM, Due course Law reviewed
with international standards, to law or facilitate to revise the existing
of time
or enacted as
MOFACAC MOWCSW
consolidate the legal framework legislation, as appropriate
appropriate
On-going
surrounding the protection of the
rights of children and to ensure the
proper functioning of a juvenile
justice system in the country
(Maldives)
86. Prepare a specific plan to ensure that Review laws relating to land
MOLRM
OPMCM
Due course Land law reviewed
the Nepal Lands Act will in practice
of time
Formulate and implement a specific plan
NPC
Specific plan
effectively promote equality (Finland)
to ensure the land legislation promotes
prepared, as
equality in practice
appropriate
87. Expedite the endorsement of long Expedite the adoption of child protection
MOLJ
OPMCM
Due course Policies and
awaited child policy legislation, policy, education regulation, and minimum
of time
standards developed
MOWCSW
Civil
including the Child Rights Act, standards for child care homes
and implemented
Society
MOE
Education
Regulation,
Child
83.
Conclusions and/or
Recommendations
Extend a standing invitation to all Work out the possibility of extending
special procedures (Spain)
investigation to all special process holders
89.
Strengthen its cooperation with Work out the possibility of extending
human rights special procedures and investigation to all special process holders
consider issuing a standing invitation
(Brazil)
Extend a standing invitation to UN Work out the possibility of extending
human rights special procedures so investigation to all special process holders
that they can visit the country and
assist the government with its human
rights reforms (Maldives)
Take further steps to eliminate
discrimination against vulnerable
or marginalised groups, including
on the basis of gender or caste, by
enacting laws to criminalize all forms
of discrimination (UK)
91.
92.
93.
Facilitate to expedite as appropriate
the process of passing the Bill against
untouchability to further criminalize all
forms of discrimination
Extend a standing invitation to UN Work out the possibility of extending
special procedures (Chile)
investigation to all special process holders
90.
Establish a mechanism in the OPMCM to
promptly respond to invitation for visit of
special procedures on case to case basis
Work with OHCHR to develop a Work out a mechanism for working with
Common Core document which, in OHCHR to streamline treaty reporting
conjunction with treaty-specific Lists
of Issues, will help streamline treaty
reporting, in order to help overcome
the burden of treaty reporting
(Maldives)
Activities
88.
Conclusions and/or
Recommendations
MOLJ
MOLJ
MOFACAC
OPMCM
MOLJ
MOFA
MOLJ
MOFA
MOLJ
MOFA
MOLJ
MOFA
NHRIs
MOFA
Due course Law enacted for
of time
further criminalizing
all forms of
discrimination
Due course Policy decision will
of time
be in place in this
regard
of time
be in place in this
regard
of time
be in place in this
regard
Due course Mechanism in the
of time
OPMCM established
Due course Mechanism
of time
developed, and
efficiency of
government on
treaty reporting
enhanced
Expected
Assisting
Result Indicators
Body
Time Frame
MOLD
OPMCM
OPMCM
OPMCM
OPMCM
OPMCM
Responsible
Body
Review and adopt relevant legislation
and policies, including bills related
to Caste-based discrimination, the
Women’s Commission, the Dalit
Commission, the rights of Indigenous
Peoples and the Rights of the Child,
to ensure full compliance with
international human rights standards
(Norway)
That the cases of caste-based
discriminations
are
reported,
investigated, perpetrators prosecuted
and victims of such violence are
compensated (Czech Republic)
Implement measures to ensure
that persons with disabilities are
enabled to participate in job training,
vocational training, literacy and
numeracy programmes and set
concrete targets measurable within
one year to this effect, in consultation
with persons with disabilities and
their representative organisations
(New Zealand)
Ensure, without any discrimination,
the rights of people with disabilities
and others belonging to vulnerable
groups, such as women and children
(Chile)
94.
95.
96.
97.
Conclusions and/or
Recommendations
Review, revise, amend and further
streamline measures, as appropriate,
to ensure the rights vulnerable groups,
without discrimination
Consider establishing a mechanism for
regular consultation of representative
organizations of PWDs
Considering developing an employment
plan for PWDs, in tune with the available
resources
Develop an action plan on PWDs to ensure
their participation in vocational and job
trainings, as well
Further review, as appropriate, the existing
mechanism for reporting, investigation,
prosecution and provision of compensation
to victims of caste based discrimination
passage of Bills related to caste-based
discrimination
passage of Bills related to caste-based
discrimination, Women’s Commission,
Dalit Commission , the Rights of the Child
Activities
MOLD
MOWCSW
MOLD
OPMCM
OPMCM
MOLJ
MOFACAC
MOWCSW
OPMCM
OPMCM
Existing mechanism
further reviewed and
strengthened
Bill related to castebased discrimination
passed
On-going
Measures reviewed
and streamlined as
appropriate
Regular consultation
mechanism worked
out
Action plan
developed within
Due course
one year
of time
Employment plan
for PWDS being
considered
On-going
On-going
Laws to be
further tuned
with international
standards
Due course Bills related
of time
to caste-based
discrimination,
NWC, NDC passed
Expected
Assisting
Result Indicators
Body
Time Frame
MOLD
MOFACAC
MOLJ
MOWCSW
MOLD
Responsible
Body
101. Investigate credible allegations of
extra-judicial killings and introduce an
independent complaint mechanism
on the conduct of the security forces
(Denmark)
102. Impartially investigate all allegations
of extra-judicial killings and arbitrary
executions, to prosecute those
responsible, and accept the requests
for a visit by the Special Rapporteur
on extrajudicial, summary or
arbitrary execution, and the Working
Group on Enforced or Involuntary
Disappearances (Italy)
Consider the possibility of accepting the
request for a visit by the Special Rapporteur
on EJKS, and Working Group on Enforced
or Involuntary Disappearances
Consider
introducing
independent
complaint mechanism on the conduct of
security forces
Revamp synergies between army and
police forces
Develop further measures for sensitization
of security forces as to extra use of force
Establish a Police Service Commission Consider establishing a National Police
responsible
for
appointments, Service Commission
promotions and transfers (Denmark)
99.
100. Take the necessary measures to
ensure the protection of all people
from enforced disappearance and
following the request of the High
Commissioner for Human Rights,
establish a special inquiry team,
enjoying enough independence,
to investigate the allegations of
extrajudicial executions (Moldova)
Introduce an independent complaints Consider
introducing
independent
mechanism on the conduct of security complaint mechanism on the conduct of
forces and establish a Nepal Police security forces
Service Commission (Australia)
Consider establishing a National Police
Service Commission
Activities
98.
Conclusions and/or
Recommendations
OPMCM
MOF
MOD
MOFA
MOLJ
OPMCM
MOF
MOD
MOHA
OPMCM
OPMCM
MOHA
MOHA
MOF
MOD
MOLJ
OPMCM
Synergies between
army and police
forces revamped
Due course Appropriate decision
of time
made to introduce
independent
On-going
complaint
mechanism
On-going Appropriate decision
made to accept
request for visit of
Rapporteur and
Working Group
of time
made to introduce
independent
complaint
mechanism and
national police
service commission
of time
made to establish
national police
service commission
Due course Further measures
of time
for sensitization
of security forces
as to extra use of
force developed as
appropriate
Expected
Assisting
Result Indicators
Body
Time Frame
MOHA
Responsible
Body
Activities
107. Start the investigation of all
outstanding allegations of human
rights violations committed during
or after the conflict and to bring
perpetrators to justice in proceedings
which meet international standards
(Netherlands)
106. Effectively investigate violations
against human rights defenders,
including journalists and women
rights activists and bring to justice
those responsible for such violations
(Norway)
105. Undertake investigations in cases
where there are credible allegations
of human rights violations, implement
court orders and establish transitional
justice mechanisms(Norway)
Revise and reinforce, as appropriate,
existing measures on the investigations of
violations
passing Bill on TRC and Commission on
Disappearance
violations against HRDs
Consider adopting a special program on
HRDs
existing measures on the implementation of
court orders and investigations of violations
Facilitate the acceleration of the process of
Disappearance
104. Develop a comprehensive legal Further strengthen measures including
framework to protect children from legal framework for the protection of
trafficking (Austria)
children from trafficking
103. Regarding human trafficking and Further accelerate efforts for effective
violence against women and children, implementation of human trafficking law
take further legislative steps, where
necessary, and accelerate efforts for
their effective implementation (Japan)
Conclusions and/or
Recommendations
OAG
MOHA
MOPR
OAG
MOHA
MOFACAC
MOHA
MOPR
OPMCM
OPMCM
OPMCM
MOLTM
OPMCM
MOLTM
MOHA
MOWCSW
OPMCM
Existing measures
on the investigations
of violations against
HRDs revised
and reinforced, as
appropriate
A special program
on HRDs being
worked out
Appropriate existing
measures revised
and reinforced
Process of passing
Bills of TRC
accelerated
Due course Process of passing
of time
Bills of TRC
accelerated
On-going
measures revised
and reinforced
On-going
On-going
Due course Measures further
of time
strengthened
Promptly Efforts for effective
preferably by implementation of
end of May human trafficking
law accelerated
Expected
Assisting
Result Indicators
Body
Time Frame
MOWCSW
Responsible
Body
Disappearance
Activities
Consider adopting further measures, as
required, to ensure security of journalists
and HRDs against intimidation and
violence
Consider adopting a special program on
HRDs
111. Protect human rights defenders and Consider adopting a special program on
journalists by promptly investigating HRDs
complaints of harassment and holding
Consider adopting further measures, as
perpetrators accountable (USA)
required, to ensure security of journalists
and HRDs against intimidation and
violence and investigations into complaints
112. Strengthen the rule of law by Consider
introducing
independent
establishing
an
independent complaint mechanism on the conduct of
complaints commission capable security forces
of investigating and prosecuting
Consider establishing a National Police
complaints against the security forces
Service Commission
and a police service commission
responsible for police recruitment,
transfers and promotion (United
Kingdom)
110. Take all necessary measures to
put an end to acts of intimidation
and violence committed against
journalists and human rights
defenders (France)
violations
109. Implement the decision of the Facilitate to accelerate the process of
Supreme Court of 2007 that requires passing Bill on TRC and Commission on
the State to criminalize enforced Disappearance
disappearances and sign and ratify
Consider the possibility of joining CED, as
the CED (France)
appropriate
108. Intensify the efforts in the investigation
of pending allegations of serious
human rights and international
humanitarian law violations by all
parties in the armed conflict (Spain)
Conclusions and/or
Recommendations
OAG
OPMCM
MOF
MOIC
MOHA
MOD
MOLJ
OPMCM
MOHA
MOIC
OPMCM
MOHA
MOFACAC
MOHA
OPMCM
OPMCM
Process of passing
Bills of TRC
accelerated
A special program
on HRDs being
worked out
Required further
measures adopted
and enforced
A special program
on HRDs being
worked out
Required further
measures adopted
and enforced
of time
made to introduce
independent
complaint
mechanism and
national police
service commission
On-going
On-going
measures revised
and reinforced
Due course Process of passing
of time
Bills of TRC
accelerated
On-going
Possibility of joining
CED worked out
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
MOPR
MOFACAC
MOHA
MOPR
Responsible
Body
Activities
Provision of increasing female teachers.
Improving Minimum Enabling Conditions
of schools.
MOE
116. Ensure that education is free and Welcome to Schools programme targeting
compulsory, with special focus on the marginalized groups and girls.
enrolment of girls in schools (Turkey)
Provision of scholarship to all girls.
MOLD
MOLTM
MOF
OAG
MOLTM
Consider adopting measures, or reviewing
existing measures, to ensure that micro
credit without any security bond or interest
is provided for the population in particular,
the rural population, Dalits and ethnic
minorities
Consider preparing a master employment
plan and entrepreneurship development
scheme in tune with and within the
purview of the on-going measures
MOF
OPMCM
MOI
OPMCM
OPMCM
NHRIs
MOHA
MOFACAC
OPMCM
measures revised
and reinforced
Process of passing
Bills of TRC
accelerated
On-going
Measures to
further ensure free
and compulsory
education revamped
Due course Measures to
of time
implement the
ILO Convention
On-going
111 reviewed as
appropriate
Scheme of microcredit without
security bond in
place
Due course A master
of time
employment
plan and
On-going
entrepreneurship
development
scheme being
worked out
On-going
Expected
Assisting
Result Indicators
Body
Time Frame
MOPR
Responsible
Body
115. Ensure that the new labor legislation Review existing measures, as appropriate,
would include provisions prohibiting to ensure full implementation of the ILO
discrimination
both
in
the Conventions No 111
employment and the recruitment
procedures, as laid down in the ILO
Convention No. 111 (Poland)
114. Formulate effective strategies and
programmes in order to provide
employment and income generating
opportunities for the population, in
particular, the rural population, Dalits
and ethnic minorities (Malaysia)
113. Investigate and prosecute those who Facilitate to accelerate the process of
committed human rights violations passing Bill on TRC
on both sides of the conflict (New
Zealand)
violations
Conclusions and/or
Recommendations
parental
awareness
Reinforce the mother
multilingual education.
tongue
and
Gradually implementation of free and
compulsory education up to secondary level.
Conduction of
programmes.
Continue scholarship programme.
Activities
MOE
Responsible
Body
MOF
OPMCM
On-going
Designate a national preventive Further activating national preventive
mechanism, to safeguard the rights of mechanism already designated
detainees and to prevent any acts of
torture
120. Ratify Optional Protocol to the Consider possibility of joining OP-CAT
Convention against Torture (OP-CAT) taking into account the national interests
OAG
MOHA
OPMCM
Due course
of time
Requisite measures
in place
Special attention
to children from
vulnerable groups
being paid
Scholarship
provisions for
vulnerable
continued and
revised
The inclusive
education approach
continued
Expected
Assisting
Result Indicators
Body
Time Frame
Dissemination and implementation of
inclusive education pedagogy through
teacher training.
118. Pay special attention to helping Continue the scholarship programme.
MOE
OPMCM
On-going
Dalit children, girls, and children
Improving Minimum Enabling Conditions
MOLTM
MOF
belonging to ethnic minorities to
of schools.
complete their education cycle,
and to ensure their employment Provision of increasing female, different
opportunities after education in order ables, Madheshi, Dalit teachers.
to enable them to claim their rights Enhancing skills employment through Skills
and work as agents of change for their for Employment Project.
communities (Finland)
119. Ensure that children of internally Review and revise measures, as
MOHP
OPMCM
On-going
displaced persons, refugees, asylum appropriated and required, to ensure that
MOE
MOF
seekers and their families enjoy the children of internally displaced persons,
MOHA
MOFA
right to health, education and birth refugees, asylum seekers and their families
registration without discrimination enjoy the right to health, education and
(Thailand)
birth registration without discrimination
The recommendations below did not enjoy the support of Nepal: NO CATEGORY
117. Continue pursuing appropriate,
efficient,
inclusive
educational
policies to provide for free and
compulsory education to all segments
of its society, including marginalized,
disadvantaged- and thus most
vulnerable- groups (Slovakia)
Conclusions and/or
Recommendations
Consider possibility of joining CED taking
into account the national interests
Activities
127. Address cases of stateless in the new Consider reviewing the situation, as
Constitution’s drafting process
appropriate
Consider possibility of joining Protocol to
ICESCR taking into account the national
interests
Consider possibility of joining Palermo
Protocol taking into account the national
interests
124. Protect
vulnerable
refugee Review the existing situation
populations
by
allowing
for
registration of the refugee population
in Nepal and by refraining from
forcibly returning Tibetan asylum
seekers to China
125. Promote other durable solutions than Review the existing situation
resettlement in third countries for the
refugees in Eastern Nepal in close
cooperation with UNHCR and other
relevant international organizations
126. Amend legislation to remove all Consider reviewing relevant legislations, as
provisions granting security forces or appropriate
government officials immunity from
prosecution for criminal acts
Take effective measures promptly to
uphold the total prohibition against
torture, in accordance with its
international obligations under the
CAT
121. Ratify
the
pending
principle
international human rights treaties,
such as the Rome Statute, the
International Convention for the
Protection of All Persons from
Enforced Disappearances (CED)
122. Sign and ratify the Optional Protocol
of the Covenant on Economic, Social
and Cultural Rights
123. Sign and ratify the Palermo Protocol
Conclusions and/or
Recommendations
OPMCM
MOHA
MOFACAC
MoD
MOHA
MOLJ
MOHA
MoHA
MoHA
OPMCM
MOFA
OPMCM
MOFA
MOLJ
OPMCM
On-going
Due course
of time
Due course
of time
Due course
of time
Due course
of time
Expected
Assisting
Result Indicators
Body
Time Frame
OPMCM
MOPR
MOLJ
Responsible
Body
Consider
to
implement
the
recommendations of OHCHR’s report on
“Investigating Allegations of extra-judicial
killings in the Terai”
Activities
OPMCM
Responsible
Body
MoD
MoHA
Expected
Assisting
Result Indicators
Body
Time Frame
Office of Attorney General
OAG
MOF
MOE
Ministry of Finance
Ministry of Education
MOLJ
MOLD
Ministry of Local Development
Ministry of Law and Justice
Ministry of Labor and Transport
NHRC
National Human Rights Commission
MOFA
Ministry of Foreign Affairs
MOLTM
Management
NHRIs
National Human Rights Institutions
MOGA
Ministry of General Administration MOPR
Ministry of Peace and Reconstruction
Office of the Prime Minister and
Ministry of Women, Children and
OPMCM
MOHA
Ministry of Home Affairs
MOWCSW
Council of Ministers
Social Welfare
Ministry of Land Reform and
MOAC Ministry of Agriculture and Cooperative MOHP
Ministry of Health and Population MOLRM
Management
Ministry of Information and
MOD
Ministry of Defense
MOIC
NPC
National Planning Commission
Communication
Ministry of Federal Affairs,
National Foundation for Development
MOE
Ministry of Environment
MOFACAC Constituent Assembly,
NFDIN
of Indigenous Nationalities
Parliamentary Affaurs and Culture
Constituent Assembly
CA
5. Acronyms and abbreviations used:
4. The civil society, media, NHRIs and development partners are expected to act as assisting bodies as appropriate.
3. Proposed activities may need to be revised and revisited by the respective responsible agency.
2. Two or more responsible agencies as identified are to take action on the matter falling within their respective domain.
1. Civil Society includes NGOs and media, and NHRIs include NHRC, National Women's Commission, National Dalit Commission, and NFDIN, as
appropriate.
Note:
128. Implement the recommendations
contained in 2010 OHCHR’s report
on “Investigating Allegations of extrajudicial killings in the Terai”
Conclusions and/or
Recommendations
Status of Implementation of UPR
Recommendations
1.
The Government of Nepal (GON) is doing its best to reflect the goals of the second People's
Movement in April 2006 and protect and promote human rights of the people of Nepal. The
mandate of the Movement was for peace, change, stability, establishment of the competitive
multiparty democratic system of governance, rule of law, promotion and protection of human
rights and independence of judiciary. Human rights remain at the centre of the peace process
which in turn stands anchored in the principles of democracy, access to justice, equality,
inclusion and participation and the government is working to reflect these principles in reality.
2.
When the CA started to perform its take the whole section of society took part in constitution
making process by various means and channels. The GON extend its fullest support in terms
of capital and expertise to the CA. The head of the state and the head of the government made
their, time and again, best efforts to complete constitution making process within stipulated
timeframe. Political parties resolved some of the thorny issues of the constitution and the
peace process was taking well speed. Unfortunately the tenure of the CA terminated without
the promulgation of new constitution. Now, the country is in the process of holding new
election of the CA for new constitution and the GON is trying to forge political consensus to
go ahead for making new constitution.
3.
The GON is fully aware that the desire of people is such a constitution that reflects the
hopes and aspiration of the whole society. Some of the fundamental values of the future
constitution have been already fixed by the Interim Constitution of Nepal. Competitive
multiparty democratic system, civil liberty, the protection and promotion of human rights and
fundamental freedom, inclusive democracy, adult franchise, periodic election, rule of law and
independent and competent judiciary would be the core values of new constitution which
are included even in present constitution. So, the GON has formulated various plans, policies
and institutional arrangement for the socio-economic transformation and the protection of
human rights. The agenda of human rights has been the grammar of governance and the
centre of development jurisprudence.
4.
The Three-Year Interim Plan is being implemented which is setting up a long-term vision of
Nepal on human rights to build an inclusive, just, democratic and prosperous nation based
on human rights culture. The human rights policies aiming to ensure human rights for all, by
creating a favourable environment for all to live with human dignity, developing human rights
culture, alleviating poverty and ending all forms of discrimination, violence and exploitation.
5.
In pursuance of the Vienna Declaration and Program of Action 1993, Nepal has continuing
implementing a periodic national human rights action plan. The current national human
rights action plan of Nepal (NHRAP) outlines a detailed plan of actions to be carried out in
three years of time starting from 2010 to improve the overall human rights situation in the
country. The NHRAP aims to address all rights in the human rights framework - civil, cultural,
economic, political and social - in an integrated and methodical manner. A significant aspect
of the NHRAP is its integration with the National Planning Document and thereby support
to the peace process and poverty alleviation by giving focus on economic and social rights.
It seeks to launch a resolute action plan with specific action strategies for specific sectors.
The NHRAP has broadly identified the present human rights situation within the various
sectors/themes such as women, children, labour, education and culture, health, environment
and development, prison, judiciary, law and legislation, minority and disadvantaged groups,
conflict management, and institutional strengthening.
6.
Nepal has been strongly upholding the rights set forth in the Universal Declaration of Human
Rights and principles enunciated in the UN Charter. It is a party to some 150 international
treaties including Four Geneva Conventions, and 22 human rights treaties. The human
rights treaties include seven core conventions and their optional protocols, as appropriate.
It has also ratified 11 ILO Conventions including the 169 Convention. These core human
rights conventions have created various obligations to the party to respect, fulfill, protect and
promote human rights as listed in those conventions and the government is being engaged to
implement those obligations faithfully. Nepal is committed to make the Human Rights Council
a strong and effective body. It has extended exemplary cooperation to all mechanisms of the
UN, including the Human Rights Council. It has continuously and constructively engaged
with the Office of the United Nations High Commissioner for Human Rights (OHCHR).
7. The government is dedicated to reform laws to further bring them in line with international
human rights law and reviewing discriminatory laws in terms of women's rights. Domestic
Violence (Crime and Punishment) Act, 2009, Regulation thereof, 2010 and Gender Based
Violence Elimination Fund Regulation, 2010 have been enacted. A Bill to amend discriminatory
laws against women and maintain gender equality and a Bill on Sexual Harassment against
women at the Work Place were submitted to the Parliament. A revolving fund having the
amount of Rs 75,000 has been established to each district under the Gender Based Violence
Elimination Fund Regulation, 2010. The GON is launching different programs on gender
based violence through District Women and Children Offices under the Department of
Children and Women. are some of the major achievements to address the issue of Gender
based violence (GBV). The Government has formulated a Plan of action to implement the
CEDAW and enacted Human Trafficking (Control) Act, 2007 and Regulation thereof, 2007 In
addition,. Gender Equality and Social Inclusion Policy, 2010 is being implemented.
8.
Bills on Civil Code, Civil Procedure Code, Penal Code, Criminal Procedure Code and
Sentencing Act were submitted to the legislatureparliament to strengthen the criminal and
civil justice system of Nepal in tune with international human rights standard. The proposed
penal code provides detail provision to criminalize enforced disappearance and torture.
Besides this, the government is committed to formulate a specific legislation to address the
issues of enforced disappearance with political consensus. To criminalize torture, a Bill on
Torture in line with convention against torture was drafted and tabled in the last legislative
parliament for approval. The government is very serious to address the issues of domestic
violence and human trafficking. Therefore, it is being engaged to amend and reform laws
related to these issues. The government through the Ministry of Home Affairs has given
necessary instruction to law enforcement officials to effectively implement laws related to
domestic violence and human trafficking. At the Home Ministry level a sectoral action plan
has been formulated to implement the national strategies and Plan of action for empowerment
of women and ending GBV. In this regard physical facilities of police custodies are being
upgraded. Separate women cells are setup in 75 district police offices. In 12 district police
offices separate women and children buildings are under construction. District Coordination
Committee on empowering women and ending GBV has been constituted in all 75 districts
headed by Chief District Officer. Main responsibility of the committee is to coordinate all the
activities and mobilize available local resources effectively at the district level.
9.
Office of the Prime Minister and Council of Ministers (OPMCM) has instructed to the Ministry
of Federal Affairs and Local Development to implement the program of activities contained
in the national human rights action plan on rights of the gender and sexual minorities.
International practices on the issue of the gender and sexual minorities are being studied.
A draft bill addressing LGBTI Rights has been prepared and submitted to the Ministry of
Law, Justice, Constituent Assembly and Parliamentary Affairs for its review. The GON has
been providing annually an amount of three millions to the Blue Diamond Society( a NGO
working in the field of LGBT rights) for the establishment of its office in Kathmandu. GON has
also conducted different workshops on gender and sexual minorities.
10. Office of the Prime Minister and Council of Ministers (OPMCM) is liaising with National
Planning Commission and Ministry of Finance to ensure inclusion of HR in the development
plan, and programs for accelerating holistic and multifaceted approach to promote and
protect human rights and freedoms. National Planning Commission and Ministry of Finance
are committed to provide necessary resources to implement the national human rights action
plan and other human rights agendas of the government and currently OPMCM is monitoring
NHRAP's implementation status to ensure the allocation of national budget and resources for
promoting and protecting Human Rights. OPMCM is also liaising with the National Human
Rights Commission (NHRC) for its infrastructural and capacity enhancement to make this
institution more effective to promote and protect human rights in the country.
11. NHRC is one of the main constitutional bodies of Nepal empowered to monitor, protect and
promote human rights in the country. This institution is independent, credible and mandated
to work fully in line with Paris Principles. OPMCM is committed to work together with
NHRC to provide it with adequate funding and autonomy to ensure that the Commission can
properly fulfill its mandate. GON is also taking necessary measures by developing legal frame
work for the capacity building of the NHRC, the respect of its independence and autonomy
as well as the implementation of its recommendations (and strengthen the role of the NHRC
as an independent institution and follow-up on its recommendations. GoN is closely working
with NHRIs in different issues related to women and other marginalized groups. There is
gradual increment of budget and capacity to National Dalits Commission, National Women
Commission and NHRC to realize their mandates effectively. NHRC Act, 2011 has been
enacted which is empowered the Commission to act independently for investigation of cases
related to human rights violation. Moreover, the Interim Constitution of Nepal and the new
NHRC Act has mandated to NHRC to maintain its independency, credibility and fairness in
its functioning.
12. The GoN has established vigilance center for eliminating untouchability. Its main
responsibility is to monitor and to recommend appropriate action to the concern authority.
Separate women cells are established in district, regional and central level police offices.
13. Size of budget to the National Dalit Commission increased gradually for investigating
discriminatory practices. Cast based discriminatory practices have been monitored by the
National Dalit Commission. Caste-based discrimination and Untouchability (Offence and
Punishment) Act 2011 has been issued. A separate Bill preparation process is underway for
empowering National Dalit Commission. GoN has been providing an amount of thirty four
million annually to this Commission to enable it for smooth operation and launching different
program of activities. GON is working closely with different stakeholders including CSOs in
relation to women and other disadvantage groups' related issues at various level.
14.
GoN has formulated a National Plan of Action for Children addressing the issues of health,
education, protection, HIV/AIDs, participation and monitoring. The Plan of Action is
being implemented by the Ministry of Women, Children and Social Welfare (MoWCSW),
Department of Children and Women and Central Children Welfare Board. Likewise , the
government is effectively implementing children Act and children policy.
15. OPMCM is committed to continue in developing measures to build capacity and enhance
technical assistance to ensure effective implementation of National Human Rights Action
Plan, National Strategies and Plan of Action on empowering women and ending GBV and
CEDAW Action Plan. The government is also committed to develop and implement action
plan on Persons with Disabilities and MOWCSW is currently working for this.
16.
Nepal has ratified the UN Convention on Rights of the Persons with Disabilities and prepared
a draft Bill on Persons with Disabilities on the basis of right based approach
17. Human rights education included in level wise school curricula textbooks and training
manuals.
18.
Emergency Child Relief Fund Regulation, 2010 is in place. A comprehensive bill on Children
is proposed and approved by the Cabinet. Recently the Children Policy and Minimum
Standards for Children Homes is approved by the Cabinet. Awareness building programs for
women and children through District Women and Children Offices is being carried out. There
is a gradual increment in the funding for Early Childhood Development Center at the local
level. Child Protection Grant provided to two children under five years of each family from
Karnali Region and two children under five years of each Dalit family of the country. Child
friendly Local Governance (CFLG) program is being implemented in 23 districts. Orientation
on CFLG provided to all 75 districts DDCs and Municipalities Officials and staff.
19. Social Security cash transfer scheme provided to all senior citizens, single women, Dalits,
endangered and marginalized indigenous people and person with disabilities.
20.
OPMCM is working to raise, through education, the level of awareness and knowledge about
human rights of the population, with a focus on the most vulnerable social groups, to ensure
their full enjoyment of all human rights, in particular economic and social rights through
different government mechanisms. Now, the level wise sensitization and awareness of
human rights has been increased. Awareness on human/ child rights through formal and nonformal programs is an ongoing process. The government is promoting to the mass media to
propagate the message on a regular basis and different programs, articles, matters on human
rights are being broadcasted/ publicized by media regularly. Public awareness on human
rights has been raised through public welfare advertisements
21.
OPMCM is working to implement NHRC recommendations through different line Ministries.
OPMCM has also developed a close linkage with NHRC to ensure implementation of the
recommendations. As per the recommendation by National Human Right Commission Rs.
202.07 million compensation is provided to 121 people till April 2012. In addition 131
recommendations have been forwarded to Ministry of Peace and Reconstruction for providing
compensation to the victims of arm conflict as per the cabinet decision made in April 2012.
22.
Steering committee led by the Chief Secretary is monitoring the implementation aspect of the
recommendations of the various treaty bodies.
23. The GON is committed to continue cooperation with the UN and other international
organizations to further strengthen human rights in Nepal.
24. GON is committed to prohibit discrimination and social exclusion on any ground. The
enactment of legislation against of caste-based discrimination and untouchability is a
major achievement in this regard and it is being implemented through various government
mechanisms..The OPMCM and National Dalit commission has power of supervision and
monitoring for the effective implementation of the Act.
25. GON has launched different programs such as income generation, physical construction,
awareness building and women empowerment through the District Women and Children
Offices.
26. Several Orientation Programs for empowerment of concerned stakeholders to implement
Caste- based Discrimination and Untouchability (Offence and Punishment) Act 2011 at local
level have been conducted. Women, Dalits, and Indigenous Committees formed at all district
and Municipal level for coordinating respective roles and responsibilities at local level.
27.
GON has given priority to security of the journalists and human right activists. A procedure
on accidental insurance for journalists is in the process of preparation. Developing directives
on relief for conflict affected journalist has been in process. GoN is considering making a
separate law or policy to ensure the rights of the Human right defenders and their safety and
security.
28. Formulated the National Minimum Standards for Victim Care and Protection for Victims of
Trafficking, 2068, SOP for Rehabilitation Homes, 2068, National Plan of Action for Victims of
Trafficking, 2068, Social Psycho Counselling Guidelines, 2068. Conducted training programs
in 75 districts in order to enhance the efficiency of law enforcement officials and different
types of trainings are provided at national and international level for them.
29. Nepal Army has always been fully committed to implement any orders/instructions issued
by court of law or any civilian investigating body. It has handed over numerous accused
offenders to the civilian for crimes beyond the jurisdiction of military law. Departmental
action has been taken against army personnel for the violations of human rights and code
of conduct during the armed conflict period.
30. Nepalese Army have always prosecuted and punished the perpetrators of human rights
violations as per the provisions Army Act, 2006. It has always positively accepted the
recommendation made by National Human Rights Commission for investigation into the
allegations and compensation to the family of victims. It has positively recommended
to the Government of Nepal to provide interim relief to conflict victims on without any
delay. Accordingly, the Government has already provided compensation to 1197 families
and is in the process of providing compensation to families of other victims.
31.
A National Master Plan on the elimination of Child Labour in Nepal (2011 – 2020) has been
prepared. A Hazardous Child Labour List is going to be prepared soon in accordance with the
Law and the ILO Standard [As per the master plan the hazardous sectors are: Domestic labour,
Pottering, Bonded agricultural work, Recycling, Carpet industry, Brick production, Mining,
Commercial sexual exploitation of children (CSEC), Children associated with armed forces
or armed groups (CAAFAG), Transport, Embroidery or jari work, Mechanical, Hawking,
and Herb collection.]
32. To address the atrocities committed during the armed conflict and plight of victims an
ordinance on Inquiry of Disappeared Persons; and Truth and Reconciliation Commissions
has been proposed and forwarded to Right honourable President. . An Action Plan to
implement the Security Council Resolutions 1325 and 1820 is being implemented by the
Ministry of peace and Reconstruction (MoPR). The Ministry of Law, Justice, Constituent
Assembly and Parliamentary Affairs has requested MoPR to provide necessary fund to
implement the relevant components including legal aid and Gender-Based Violence
(GBV).
33. Basic services to the marginalized increased through intensified activities such as free
basic services, targeted intervention and coverage. Regular collection and updating the
unemployment data has been institutionalized; (Employment Information Center) [Among
14 Centers 10 are in Jhapa, Biratnagar, Janakpur, Hetauda, Pokhara, Kathmandu, Butawal,
Nepalgunj, Dhangadhi and Jumla where Labour Offices are located and other 4 are in
Udayapur (Independent), Mahendranagar, Parbat and Dang (Skill Development Training
Centre).]
34. Support from International Community is continuously increasing based on national
development strategy. Focused Capacity development activities are launched with the support
of development partners. Regular dialogue mechanisms with development partners such as
local donor meeting, Nepal portfolio performance review (NPPR) are being continuously
conducted.
35. GoN has recently established a structural basis to reinforce efforts to reduce poverty particularly
rural poverty. Formation of new Poverty Alleviation Ministry is good step forward to work on
this. The Poverty Alleviation Fund together with other social organizations is working in this
regard.
36.
GRB system in practice has empowered women. Increasing school enrolment has led to child
drop out ratio. 9.5% of total budget is allocated for direct benefit of women. Primary school
enrolment increased to 92%. Youth self employment program is being launched. 48.49% of
total budget is allocated for poverty alleviation under different sectors (Education, Agriculture
etc.)
37.
Constitutional provision for right to health and reproductive rights implemented through
various measures, ex: free health services up to district hospital, free maternity care and free
family planning services. Access to health services increased through provision of public
health campaign, outreach clinic and special camps (uterine prolapsed, medical camps).
38. The Climate Change Council (CCC) has been constituted under the chairmanship of Right
Honourable Prime Minister of Nepal on 23 July 2009, and nine meetings are being held as
of 20 April 2012. The Multi stakeholder Climate Change Initiative Coordination Committee
(MCCICC) was formed on 28 April 2010 under the chairmanship of the Secretary of the
Ministry of Environment with the representatives from concerned stakeholders including
donors, academia, local governments and NGOs. As of now, seven meetings have been
organized. The Government of Nepal has approved the Climate Change Policy on 17 January
2011, and is under implementation. A Climate Change Management Division has been
established in the Ministry of Environment. The National Adaptation Programme of Action
(NAPA) has been prepared and approved by the Government of Nepal on 28 September
2010 to address the urgent and immediate adaptation needs of the country. It is in line with
the NAPA preparation guidelines approved by the Seventh Session of the Conference of
the Parties to the UN Framework Convention on Climate Change. For the implementation
of NAPA, the National Framework of Local Adaptation Plan for Action (LAPA) has been
approved by the Government on 22 November 2011. The Nepal Climate Change Support
Program (NCCSP), funded by European Union and DFID, will best utilize this framework to
implement adaptation actions in 14 districts of Mid- and Far Western Development Region of
Nepal. Different components of the most urgent and immediate adaption needs, as included
in the NAPA document, are under implementation. Nepal is actively participating in the
UNFCCC negotiation process since 2009 and is raising our concerns in international forum.
Nepal organized the International Conference of Mountain Countries on Climate Change
on April 5 – 6, 2012. The Conference agreed on the 10-points Kathmandu Call for Action.
On 4 April, International Expert Consultation and South Asian Parliamentarians Workshop
on Climate Change. The inputs of the consultation and workshop were taken note while
finalizing the Kathmandu Call for Action. After COP 17 in Durban, South Africa, Nepal took
the leadership of LDC Coordination Group of UNFCCC negotiation process established in
2001. The GoN has also approved to form a permanent core team (for two years) for the
UNFCCC negotiation purposes. The team will be represented by the representatives (UnderSecretary level) of the Ministries of Foreign Affairs, Finance, Forests and Soil Conservation,
Agriculture and Cooperatives, and Energy. The Core Team will also be represented by the
NGOs, and experts. Other programmes and projects under implementation to address the
effects of the climate change in Nepal include the Pilot Program of Climate Resilience (PPCR),
Scaling-up of Renewable Energy Program (SREP), Second National Communication Project
(SNC), Technology Needs Assessment Project (TNA), Flood and GLOF Risk Reduction
Project, Harioban Program, etc.
These activities and programs/projects are related to address the effects of climate change
with focus on climate vulnerable areas and communities. The NAPA Project that uses
LAPA framework in the 14 districts of mid and far western region of the country ensures
participation of more than 50 percent of Women, Dalit, Adibasi, Janjati and Madeshi in
project activities.
39.
Various social security measures and targeted programs are being implemented. Projects for
reducing regional and socio-economic imbalances are under implementation.
40.
Mid day meal, girls incentive programme, mother and child health programme in 11 districts
have been continued. Girls incentive programme in 5 districts of Terai is in operation 5,71,516
Students obtained midday meal in 2068. 2,71,327 girls' parents are obtained cooking oil .
1,05,044 children and mothers received nutrients through MCH program.
41. An amendment process of education act 2028 is underway for inclusive educational
practices. Compulsory and free education program has been implemented in 120 VDCs
last year and additional 32 VDCs are extended this year. 88 additional VDCs are prepared
to announce for the same purpose. Guidelines and brochure for child friendly education
have been prepared and implemented in 100 schools. The School Health and Nutrition
Guideline is disseminated to various schools. The other program carried out are: Girls
scholarship grade 1-8 to all, Dalit scholarship for all dalit students upto secondary
level, Martyr's children scholarship, Scholarship for conflict affected children Girls'
hostel facilities in Himalayan region, Scholarship for children with disability, Secondary
scholarship, Scholarship for marginalized community children, Kamlari (bonded labour)
girls' capacity development program.
42.
Increased sensitization and awareness among parents' participation in the decision making
in developing planning like SIP/VEP/DEP. Parental education program guidelines for ECD
has been implemented
43. A steering committee headed by the Chief Secretary is comprised of various government
ministries and institutions to oversee the implementation status of the recommendations
made during the process of UPR. This mechanism is a good example to ensure participatory
approach for implementing recommendations.
44.
Low enforcement officials are sensitized and made aware in torture issues.
45.
There is no any law that facilitates or provides the military or government personnel to act
with impunity. In the case of military, reinstated parliament of Nepal had promulgated a
new Military Act-2006 on August 28 Sep 2006. Military Act 2006 provides the provision
for investigation and prosecution of case of corruption, theft, torture and disappearances.
By a committee chaired by the Deputy Attorney General, the other two members being
the chief legal officer from the Ministry of Defence and a Major from the judge advocate
general department (JAG department.). The findings of the committee are then forwarded
to the Military Special Court which presides over the first jurisdiction to trial. The Military
Special Court is chaired by a Judge from the Appellate Court appointed by the Government.
The other two members will be the Secretary from Ministry of Defence and the Judge
Advocate General. An appeal may be lodged to the Supreme Court against a decision
made by the court within 35 days of the decision.
46.
At least 35% of the total capital expenditure is air-marked (women 10%, Children 10% and
other backward and socially excluded groups 15%) to the targeted sector. These segments
of society have sufficient opportunity to increase their involvement in local governance
activities. A bill to insure inclusiveness of different ethnic societies in civil/ government
services was tabled in parliament..
47. OPMCM is working to implement National Strategies and Plan of Action on Empowering
Women and ending GBV.
48.
Security officials are made accountable for their misdeed. Legal actions are taken for alleged
security officials. Action against 584 police personnel has been taken in human right violation
cases. Nepalese Army has always criminalized and taken strict disciplinary action against
such deeds provided they are proved or verified in a through investigation. However, in
few cases the allegations have not been proved as charges have not been supported by the
available documents and evidence. In such cases GoN is preparing to form a high level
Commission on Inquiry of Disappeared Persons and Truth and Reconciliation to look into
the cases. The following arrangements have created infra-structure to establish transitional
justice mechanism.
(a)
As coded in the Comprehensive Peace Agreement concluded between the
Government of Nepal and the Communist Party of Nepal (Maoist) on November
21, 2006, " Both sides agree to set up with mutual consent, a High-level Truth
and Reconciliation Commission in order to probe into those involved in serious
violation of human rights and crime against humanity in course of the armed
conflict for creating an atmosphere for reconciliation in the society." (Article 5.2.5).
(b)
The Interim Constitution of Nepal 2006 article 33 (s) also provisions for a Highlevel Truth and Reconciliation Commission. The provision reads that a high-level
Truth and Reconciliation Commission shall be constituted to investigate the facts
regarding grave violation of human rights and crimes against humanity committed
during the course of conflict and create an atmosphere of reconciliation in the
society."
(c)
49.
Supreme Court of Nepal on 1st June 2007 regarding the Disappearances has said
that. In the absence of pertinent laws, no real, effective or practical investigation
can be carried out. Further, under the existing criminal laws, no provisions
adequately address the legal and institutional questions relating to disappearances.
Therefore, for the purpose of addressing this problem effectively, it is necessary to
urgently enact a law which includes provisions that the act of disappearance is a
criminal offence, defining the act of disappearance pursuant to the definition stated
in the International Convention for the Protection of All Persons from Enforced
Disappearance, 2006.
Establishment of child rehabilitation center in five development regions is in the process.
There are Four Child Welfare houses Operated in Biratnagar, Saptari, Birgunj and Butawal.
A National Master Plan On the elimination of Child Labour in Nepal (2011 – 2020) has
been prepared and is in the process of endorsement. Effective implementation of laws
continued.
50. A report on Fast Track Court on gender violence is prepared and sent to the Ministry of
Law, Justice, Constituent Assembly and Parliamentary Affairs for its review and further
process.
51.
Human Rights Cell is established in all Security agencies. Nepalese Army has established
Human Rights Directorate under office of the Adjutant General in the Army HQ,.
According to Section 20 of new Military Act, every member of this institution should be
trained in international human rights law and international humanitarian law. Human
Rights Directorate has conducted various Human Rights and International Humanitarian
Law training. Since 2009 the ICRC has given the full authority to conduct IHL training
in own institution. The IHL and IHRL syllabus has been incorporated in each Carrier
Course and Basic Course Curriculum. The courses are still going to be continued in the
Army Training. Nepalese Army is also going to release IHL Handbook and IHL training
film shortly. The UNSCRs 1325 & 1820 course has been introduced in the Human Rights
Course in the Army as per the MOU between Defence Ministry and UN. All military
personnel has been sensitized and trained in the IHL and IHRL including UNSCRs 1325
& 1820 including the Peace Keepers in their pre deployment trainings.
52.
Right to freedom and right to assembly are guaranteed by the interim constitution of Nepal
and it is ensured in practice. The right to information Act, 2007 and Rules thereof is being
effectively implemented.
53.
The new Children Bill will ensure Juvenile Justice System in conformity with the international
standards in Nepal. Juvenile Justice Co-ordination Committee has been constituted to make
policy for effective implementation of juvenile justice system. . Juvenile Justice Regulation is
being implemented. Correction Homes in Kathmandu and Pokhara are established.
54.
Education Act amendment Bill is being prepared to ensure reform in the education sector.
55.
District Development Committees, Municipalities and Village Development Committees
are implementing support action plan for person with disabilities throughout the country.
Government is providing special treatment and social security cash transfer schemes to most
of the person with disabilities.
56. MOHA has taken initiation for establishing Police Service Commission and forwarded
a bill to the Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs for
consideration. The act of kidnapping and abduction has already been criminalized through
the amendment of the General code (Muluki Ain )which provides grave punishment for
perpetrators..
57. Nepal has taken human trafficking issue very seriously and instructed officials working in
international ports to make vigilance and if found any suspects, to take necessary action.
This issue is discussed during Nepal-India home secretary level talks too. Efforts for effective
implementation of human trafficking law accelerated. Four Safe houses have been operated
for the rescued women migrant workers in the mission aboard (Saudi Arab, Qatar, UAE, and
Kuwait) and one in Kathmandu for Returnees Women Migrants. Human Trafficking Act, 2007
and its Regulation, 2007 are being implemented.
58. The GON has given top priority to implement court orders and decisions. In this regard a
separate judicial decision execution section has been established in each ministry. Central
Coordination Committee at OPMCM chaired by Chief secretary is monitoring the status of
the implementation of the judgments of supreme court. The GON has published second
annual report in regard to the status of the judgments court
59. Nepal is firmly committed to defend the rights of journalists and human right defenders.
Therefore low enforcement agencies have already been given necessary instruction. Ministry
of Information and Communication is working for developing a procedure on incidental
insurance for journalists and formulating a directives to provide relief to the conflict affected
journalist.
60. Social Mobilization activities are going through all VDCs and Municipalities. Ward Citizen
Forum (WCF) and Integrated Plan Formulation Committees are formed and activated in all
VDCs and Municipalities to provide sufficient opportunities to the vulnerable groups. Local
development Funds are active in all DDCs to provide income generation schemes to the
targeted groups.
61.
Measures to implement the ILO Convention 111 and 169 are being reviewed as appropriate.
The drafting of new labour legislation to comply with ILO conventions is in the process of
consideration and consultation with the stakeholders.
62. Welcome to school program is being conducted in the beginning of the academic year in
all schools. Program for constructing girl's toilet in all schools has been implemented. One
compulsory female teacher in each primary school has been arranged. ECD facilitators are
appointed among female. Text books for 20 mother tongue and multi lingual education
program have been prepared and 6 other text books are on the process of designing. Teacher
Professional Development module of teacher training has included inclusive education
pedagogy through NCED
63.
Amendment of education act and regulation has been proposed to ensure more inclusion
of female teacher and marginal group in recruitment. Special attention to children from
vulnerable groups is being paid for the skill development training programs.
64. Refugee children get Nepalese education up to grade 12 based on Nepalese curriculum.
GON has taken decision to verify Bhutanese who are seeking asylum in Nepal and currently
living in refugee camps in Jhapa and Morang districts.

universal periodic review - Office of the Prime Minister and Council

Transcription

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