A/HRC/41/42/Add.2
A.
Femicide or gender-related killings of women
31.
There is a general lack of official data on gender-related killings of women or
femicide in the country. According to data provided by the Nepal Peace Monitoring Project
in 2017, 116 incidents of domestic violence were recorded, while there were 49 genderrelated deaths of women in the first quarter of 2018. The Special Rapporteur noted that, in
many cases of killings committed by former or current intimate partners, the victims had
previously reported acts of violence to the police but had not been provided with adequate
and effective protection. She commends the work being carried out by non-governmental
organizations, including women’s organizations at the local level, to quantify genderrelated killings of women.7
32.
The mandate holder wishes to reiterate the call she made for all States to establish a
“femicide watch and/or observatory” or a “gender-related killing of women watch” and to
collect and release each year on the International Day for the Elimination of Violence
against Women (25 November) data on the number of intimate partner and family-related
femicides, indicating the relationship between the victim and the perpetrator, and other
gender-related killings. Data on the prosecution of perpetrators should also be collected and
published. Most importantly, all such cases should be carefully analysed to identify any
failure of protection, with a view to improving and developing further preventive measures.
33.
While there is currently a general lack of disaggregated data, in particular with
regard to gender-based violence against women, trafficking and sexual and labour
exploitation, the Special Rapporteur welcomes the commitment towards the comprehensive
collection of gender-disaggregated data through the census planned for 2021 and the efforts
through the National Women’s Commission to coordinate a gender-based violence
information management system to facilitate nationwide data collection, assessment and
monitoring of cases.
B.
Sexual violence, including rape
34.
The Special Rapporteur received information suggesting that the number of cases of
sexual violence and rape is increasing. According to Government reports for 2016 and 2017,
a total of 1,874 rape cases were filed in court, resulting in 654 convictions and 333
acquittals, while 870 cases of attempted rape were filed, resulting in 270 convictions and
275 acquittals (see CEDAW/C/NPL/Q/6/Add.1, para. 50). According to the report of the
Nepal Peace Monitoring Project, compared with the previous quarter, there was an increase
in rape and attempted rape of 9 per cent in the period from April to June 2018. 8 Young
women and girls are particularly vulnerable to sexual violence, and 145 of the recorded
victims were below the age of 26 years.9 While these figures may reflect an increase in
overall reporting, they are nevertheless troubling and highlight the need to properly address
such cases.
35.
In chapter 18 of the National Penal Code of 2017, a number of sexual offences are
defined and prohibited and penalties are provided for the perpetrator. However, the Code
fails to adequately criminalize rape and other forms of sexual violence in line with
international law. While the Code, in section 229 (2), extends the statute of limitations for
the prosecution of cases of sexual violence to one year, the Special Rapporteur remains
concerned that this extension may be too short, especially for offences that were committed
during the conflict and for cases involving young girls. Nepalese law does not codify war
crimes and crimes against humanity. As a consequence, cases of rape during the conflict
can be prosecuted only as ordinary offences, with no regard for the specificities of the
commission of the crimes in the context of an armed conflict.
7
8
9
8
The Nepal Monitor, for example, is a nationwide data platform collating information and data on
violence and associated injuries and on incidents related to gender-based violence and killings.
Nepal Peace Monitoring Project, “Trends of violence and contestation in Nepal”.
Ibid.
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