A/HRC/41/42/Add.2
and opportunities, the lack of identity documents increases and perpetuates their
vulnerability, including their vulnerability to trafficking and exploitation.
52.
The Special Rapporteur shares the concerns of the Special Rapporteur on the human
rights of migrants (see A/HRC/38/41/Add.1, para. 77) with regard to 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. In 2017, a
temporary ban was also placed on Nepalese migrant women from travelling to countries of
the Cooperation Council for the Arab States of the Gulf for domestic work, as a result of a
decision taken by the International Relations and Labour Committee on the basis of the
inappropriate working conditions in those countries. Having met with returnee migrant
women, the Special Rapporteur noted that women facing economic difficulties and wishing
to seek alternative work abroad face heightened risks of trafficking and sexual exploitation.
She also noted the lack of appropriate services in place, along border areas in particular, to
ensure the identification of victims and their referral to appropriate rehabilitation services.
E.
Situation of women in detention
53.
The Special Rapporteur visited the women’s section of the central prison in
Kathmandu, where she spoke with a number of women and girls who were incarcerated.
Many of these women and girls had been victims of multiple and intersecting forms of
violence, sexual assault, trauma and abuse. The Special Rapporteur was troubled to see that
a number of the women had small children and noted the distinct lack of facilities available
to support them in raising their children.
54.
A number of the women with whom she met had been convicted on drug-related
charges. Women in Nepal often get involved in such crimes owing to gender-related factors,
such as pressure or coercion by an intimate partner, or because they are drug users, or they
may have been victims of serious forms of gender-based violence and resorted to drugs as a
way out. Imprisoned women have often experienced domestic violence and sexual assault,
but they rarely have access to programmes or support to assist them in dealing with trauma.
55.
The mandate holder was deeply concerned about the dire conditions at the facility,
in relation to overcrowding in particular, as well as the lack of adequate facilities, such as a
separate meeting area for receiving visitors, appropriate bedding, access to nutritious food,
access to clean water and sanitation and access to health care (in particular psychosocial
care), inadequate re-entry programmes to prevent reoffending and the lack of alternatives to
custodial sentences, in particular for women with dependent children. Most of the women
visited in the centre had been incarcerated for minor, non-violent offences, such as stealing,
fraud and breaches of domestic violence orders. The Special Rapporteur was also
concerned to learn that women in pretrial detention were being detained alongside those
who had already been sentenced. The lack of a child and mother programme is also of
concern, as is the lack of skill-based training opportunities.
56.
The Special Rapporteur expressed concern at the jailing of girls in adult facilities
(including a 17-year-old girl with whom she met), in contravention of the Convention on
the Rights of the Child and the recommendations issued by the Committee on the Rights of
the Child on the administration of juvenile justice (see CRC/C/15/Add.268, para. 74 (g)).
F.
Victims of sexual violence during the conflict
57.
The Special Rapporteur notes the establishment of the Commission on the
Investigation of Disappeared Persons and the Truth and Reconciliation Commission, as
well as the ongoing amendment of the Enforced Disappearances Enquiry, Truth and
Reconciliation Commission Act of 2014. She regrets, however, that she did not have the
opportunity to meet with the Truth and Reconciliation Commission during her visit, despite
several requests to do so. Furthermore, she is concerned at reports suggesting that the
transitional justice measures undertaken since the signing of the Comprehensive Peace
Agreement between the Government of Nepal and the Communist Party of Nepal (Maoist)
in 2006 have not been fully functioning and have faced considerable challenges.
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