A/HRC/7/68
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sexual minorities. In December 2007, in response to a petition from a non-governmental lesbian,
gay, bisexual and transgender rights organization, a Supreme Court ruling ordered the
Government to amend discriminatory laws and enact legislation to uphold the rights of sexual
minorities.
H. Economic, social and cultural rights
56. In Nepal, the realization of economic, social and cultural rights is intimately linked to
discrimination. Enormous disparities in access to land, food, health, shelter, water and other
basic needs were among the root causes of the conflict, and continue to be major issues in the
transition process. The Comprehensive Peace Agreement contains provisions committing the
parties to fulfilling economic, social and cultural rights. However, the focus on the political
process leading up to Constituent Assembly elections, as well as instability in the Terai, diverted
stakeholders from addressing issues affecting economic, social and cultural rights, particularly in
the medium and long term.
57. In May, the Committee on Economic, Social and Cultural Rights presented its concluding
observations on its consideration of the second periodic report by the Government of Nepal.
It welcomed a number of positive steps taken by the Government, but at the same time regretted
that most of its recommendations made in 2001 had not been implemented. Its concerns included
extreme poverty, especially in rural areas, continuing gender inequalities in spite of legislative
guarantees, human trafficking, high unemployment, domestic violence and child labour.
Concerns were also noted at the lack of a national housing policy, caste discrimination, reduced
access to primary education and poor health services. The Committee’s report contained
numerous recommendations, including the development of a mechanism to evaluate progress in
combating poverty. A team of United Nations consultants who visited Nepal in February to
examine possible OHCHR strategies with regard to poverty reduction also noted similar
findings. Nevertheless, UNICEF reported considerable progress in reducing infant mortality
rates, and ILO has announced programmes to assist labour market reform and address child
labour.
58. Land issues increasingly came to the fore in 2007, with forced evictions, conflicts between
landowners and the landless and land seizures by various organizations, including Tharu-led
groups and JTMM. The Comprehensive Peace Agreement included a commitment to establish
scientific land reform, but there were delays in setting up an appropriate mechanism.
59. On 25 July, the Government signed an agreement establishing a timetable for the allocation
of land and other support measures to ex-Kamaiyas (freed bonded labourers) after protests in the
far and mid-western regions and in Kathmandu. Although legislation was passed in 2002
banning the use of bonded labourers and freeing them from debt, compensation and
rehabilitation measures have never been fully implemented.
I. Internal displacement
60. Many of those internally displaced by the armed conflict have either integrated where they
currently reside or have already - mostly spontaneously - returned to their places of origin.
In some areas, returning internally displaced persons have been allowed to return unconditionally
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