A/HRC/41/42/Add.2
(b)
Strengthen the investigative capacity of the human trafficking and
transportation control bureau of the police, in particular in districts in border areas,
and ensure the provision of adequate shelters and support facilities for victims of
trafficking;
(c)
Establish witness protection schemes for women victims so as to
encourage them to testify against their traffickers and revise the guidelines issued by
the Government in 2015 that prohibit migrant women from Nepal with a child below
the age of 2 years from taking up employment as domestic workers abroad.
81.
On women facing intersecting and multiple forms of violence, the Government
should:
(a)
Adopt a national action plan on violence against women that includes
adequate resources, a timeline and measurable targets and requires authorities at the
federal, provincial and local levels to implement relevant laws to prevent and
eliminate all forms of de facto discrimination against women;
(b)
Ensure that women human rights defenders and women representatives
from non-governmental organizations are protected from all forms of reprisal, in line
with international law and the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms;
(c)
Address the stigma and discrimination faced by, as well as the lack of
protection measures in place for, lesbian and bisexual women and transgender and
intersex persons, including by raising public awareness of their rights, in cooperation
with civil society;
(d)
Strengthen the implementation of legislation and establish accessible
monitoring and reporting mechanisms to detect, prevent and combat all forms of
violence, including sexual violence, against women and girls with disabilities, in line
with the recommendations made by the Committee on the Rights of Persons with
Disabilities (see CRPD/C/NPL/CO/1, para. 12).
82.
On the situation of women in detention, the Government should:
(a)
Implement the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),
which provide guidance on the specific characteristics and needs of women in prison,
in particular rule 26, which recognizes the significant impact that loss of contact with
children has on mothers (and on the best interests of the child);
(b)
Improve prison conditions for women, in particular to ensure that
adequate health-care facilities, including facilities for obstetric and gynaecological
care, adequate bedding, access to nutritious food, mother and baby facilities and
suitable space for receiving visitors are provided, and adopt a gendered approach to
the incarceration of women and girls, providing programmes to prevent reoffending
and ensuring that girls under the age of 18 years are held separately from adult
women.
83.
On victims of sexual violence during the conflict, the Government should:
(a)
Address any obstacles in legislation that prevent the prosecution of rape
or sexual violence and torture during the conflict;
(b)
Remove any statute of limitations for filing cases related to rape or
sexual violence and torture perpetrated during the conflict, bring the Enforced
Disappearances Enquiry, Truth and Reconciliation Commission Act of 2014 into line
with the obligations of Nepal under international law, in consultation with civil society
and victims and taking into account the ruling of the Supreme Court of 26 February
2015 that orders the amendment of the amnesty provisions of the Act, and guarantee
the gender sensitivity of the Act;
(c)
Guarantee as a matter of urgency the access of women and girl victims
of the armed conflict to adequate interim relief measures, including immediate access
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