A/HRC/31/9
allowed them to return back to their home countries or third countries with the good offices
of the Office of the United Nations High Commissioner for Refugees (UNHCR). Nepal had
waived visa fees and fines and pardoned sentences several times on humanitarian grounds.
Nepal had maintained a clear policy of not accepting refugees from any country.
62.
The Joint Secretary of the Office of the Prime Minister and Council of Ministers,
Ramesh Dhakal, noted that the new Constitution was more amenable to gender issues and
progressive. It followed the principle of equality and non-discrimination with regard to the
provision of citizenship for Nepalese persons. Under the Constitution, women were
empowered to transfer their citizenship to their children and the Federal Parliament was
mandated to enact federal laws to provide detailed provisions on the acquisition of
citizenship. With regard to children born abroad to Nepalese women and foreign fathers,
children were entitled to citizenship if they had permanent residence in Nepal and had not
acquired the citizenship of another country. Likewise, in cases where the father and mother
had acquired the citizenship of Nepal, children could acquire citizenship by descent.
63.
With regard to the strengthening of the national human rights institutions, the
Government was fully committed to working together with those institutions to provide
them with adequate funding and autonomy to fulfil their mandate. In accordance with the
new Constitution, the Government was committed to revising existing laws and submitting
all the necessary bills for the commissions that had been upgraded to constitutional bodies.
64.
The delegation noted that torture in any circumstances and for any purpose was
absolutely prohibited by law. The Government had adopted a zero-tolerance policy against
torture and ill-treatment in any form. Instances of torture in police custody had been
dropping significantly, as shown by research conducted by the Office of the Attorney
General. The Government’s aim was to prevent every single case of torture. Nepal was
giving high priority to: the enactment of a comprehensive bill to criminalize all forms of
torture; reforming the criminal justice system to introduce internationally accepted
principles and best practices; capacity enhancement of the law enforcement authorities by
providing extensive training and sufficient technology and resources to make the
investigation and prosecution of torture more evidence-based; and strengthening national
preventive mechanisms.
65.
With regard to the excessive use of force, the Nepalese laws, particularly the Local
Administration Act and other regulations, were in line with the Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials. The Government had strictly pursued
a policy of using force only in accordance with international principles.
66.
The Government was implementing a national housing policy based on the concept
of housing for all, providing support to low-income and marginalized groups.
67.
The Joint Secretary of the Ministry of Women, Children and Social Welfare,
Radhika Aryal, responded to comments made on gender equality, women’s empowerment,
child protection, disaggregated data on people living with disabilities and rights of
marginalized persons, including lesbian, gay, bisexual, transgender and intersex persons.
The Constitution had embodied the notion of substantive equality and non-discrimination as
a fundamental right of citizens. In accordance with its policy of inclusiveness, the
Government had introduced affirmative actions to ensure women’s participation at all
levels of State mechanisms. Women’s equal right to property and all economic resources
had also been established in the Constitution. There were sustained efforts to introduce,
review and amend existing laws to strengthen gender equality for all.
68.
Regarding gender-based violence, a definition of physical, economic and
psychological violence was specifically set forth in the recently amended Domestic
Violence Act. The Government has established various funds to provide services to victims
and survivors of gender-based violence and human trafficking, including for immediate
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