A/HRC/16/23 Earlier legislation, such as the 1963 General Code, attempted to end caste-based discrimination; however, the current legal framework has proved inadequate to effectively curb caste-based discriminatory practices or to hold perpetrators to account. Due to the vagueness of the provision in the Civil Code, government officials fail to view specific acts of discrimination as crimes and consequently do not take appropriate action. The prescribed penalties and 35-day statutory limitation are insufficient, and there is no provision for the payment of compensation, despite this being a constitutional requirement. Although the Legal Aid Act provides for free legal aid and immediate relief for victims with limited financial resources, the Act is poorly enforced and in most cases the victims are unaware of such support. 55. In this light the submission of the draft bill on the elimination and punishment of caste-based discrimination and untouchability crimes to Parliament in July 2009 is a positive development towards properly codifying offences and the steps that must be taken. The draft bill details acts which amount to discrimination and criminalizes incitement to commit such offences and the obstruction of investigations, and increases punishment for perpetrators who hold public office and the compensation of victims. That said, aspects of the bill require strengthening for the act to be fully effective. OHCHR-Nepal has identified a number of recommendations that will strengthen the draft bill in line with international human rights law and best practices.5 These include: incorporating a full classification of acts that amount to discrimination, indicating the seriousness of each offence and prescribing punishments accordingly; detailing the specific role and responsibilities of the police with regard to undertaking investigations; extending the statute of limitation to at least one year to take into account the challenges in filing a complaint; and setting out positive State obligations to actively enforce the act, including the requirement to educate State officials and the general public about the act and the illegality of caste-based discriminatory practices. 56. While the National Dalit Commission has been operational since 2002, it was established on the basis of a governmental proclamation rather than through enabling legislation. The absence of a full-fledged legislative basis remains an additional obstacle to the proper development and functioning of a national mechanism for addressing castebased discriminatory practices. A draft bill was registered with the Parliament in July 2009 but no progress has been made towards its adoption. 2. Gender-based discrimination and violence 57. In relation to sexual offences, Nepalese law definitions focus on “consent” rather than on acts committed, and limit such acts to penetrative sexual intercourse. Furthermore, the statute of limitations in the Civil Code remains 35 days from the date of the commission of the crime, a wholly inadequate time frame considering the gravity of the offence, lack of access to the criminal process for many and the cultural barriers to reporting such cases. The Supreme Court issued a directive order in 2008 to the Government to extend the statute of limitations, and while the Government reports that it is drafting a bill, this has yet to be finalized. 58. Legislation pertaining to acts of violence against persons accused of practicing witchcraft also remains inadequate despite amendments to the Civil Code in September 2006 which classified such acts as a criminal offence. The provision fails to differentiate between the gravity of offences and does not provide redress for injury or loss suffered by victims. In response, the National Women Commission drafted a bill to criminalize and 5 14 In its comments to the present report, the Government announced that suggestions for improving the bill will be incorporated as appropriate.