A/HRC/41/42/Add.2 3. Witchcraft 47. Despite the introduction of the Witchcraft Accusation (Crime and Punishment) Act in 2015, the Special Rapporteur is concerned by the fact that the persecution and killing of women accused of practising witchcraft is still very prevalent in some parts of the country, with Dalit women disproportionately affected.16 For the most part, witchcraft accusations are based on superstition and stem from allegations of black magic, such as casting a spell on food or drinks, making children sick and spreading disease within the community. The accused women are often subjected to inhumane and degrading treatment, ranging from physical beatings to forced consumption of human excrement. In some cases, the injuries sustained have led to death. The Special Rapporteur was informed of a number of cases involving such accusations and notes that the indifference of the police to the crime of witch-hunting and the fear of reprisal on the part of the victims often lead to impunity, with perpetrators continuing to walk free. 4. Dowry-related violence against women 48. The 2015 amendment to the Domestic Violence (Offence and Punishment) Act incorporates dowry-related offences, including demanding or forcing someone to pay a dowry or ill-treatment for not paying a dowry, and recognizes such offences as a form of economic violence within the definition of domestic violence. 17 In section 5 of the Social Practices (Reform) Act of 1976, the practice of requesting a dowry is also prohibited, but the custom still exists in some parts of the country, with a devastating impact on women and young girls, who are frequently subjected to physical and psychological abuse for failing to present the expected dowry upon marriage. D. Trafficking of women and girls 49. The issue of trafficking in Nepal was addressed by the former Special Rapporteur on violence against women, its causes and consequences, Radhika Coomaraswamy, in her report on her mission to Bangladesh, India and Nepal in 2000 (E/CN.4/2001/73/Add.2). 50. While the current Special Rapporteur welcomes the establishment of an antitrafficking cell in the Ministry of Women, Children and Senior Citizens, the launch of various programmes in collaboration with civil society organizations and the establishment of a fund for the rehabilitation of survivors of human trafficking in each district, she is concerned that those who are most vulnerable to trafficking may not be benefiting from these mechanisms owing to the lack of coordination among relevant stakeholders. She is further concerned at the lack of a specific definition of the crime of trafficking in national law and the lack of ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. She notes that the trafficking of women and girls continues to present a considerable challenge in the country, with regard to indigenous, Dalit and Badi women and girls in particular, as well as women and girls living in areas along the border with India. In its report covering the period 2013–2015, the National Human Rights Commission noted that trafficking had escalated after the earthquake in April 2015, while a total of 329 cases of human trafficking and transportation were filed in 2016–2017, of which 121 cases resulted in convictions of perpetrators and 91 in acquittals. An acute lack of awareness, combined with underreporting for fear of retaliation and lack of witness protection, and the complicity of family members continue to exacerbate the issue. 51. Almost 25 per cent of the population of Nepal over the age of 16 years (5.7 million people), including many women, do not possess citizenship certificates. 18 In addition to preventing women and children from enjoying basic rights and having access to services 16 17 18 See www.womankind.org.uk/docs/default-source/resources/briefings/fedo-lobbydocument.pdf?sfvrsn=0. Nepal, Domestic Violence (Crime and Punishment) Act of 2009, sect. 2 (f). Forum for Women, Law and Development, “Legal analysis of citizenship law of Nepal”, November 2016. 11

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