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week or more, then handed over to police or released. Perpetrators of abuses were largely not
held accountable. Two CPN(M) cadres were also reportedly expelled from the party and,
exceptionally, handed over to police after an 18-year-old youth was beaten to death for unknown
reasons in Bhojpur District in March.
46. OHCHR has repeatedly raised its concerns regarding abductions and related abuses with
CPN(M) at all levels, stressing that such abuses undermine CPN(M) commitments to respect
human rights.
G. Non-discrimination
47. Long-standing discrimination, on the basis of caste, ethnicity, gender, geographic and other
considerations, has emerged as one of the most critical issues affecting the peace process.
The Government has extensive international obligations with regard to non-discrimination,
including with regard to the right of individuals to participate in the conduct of public affairs
directly or through chosen representatives. Resolving this issue, including political participation
and representation, to the satisfaction of the different groups concerned will be central to creating
an environment conducive to free and fair elections. Deep-rooted discrimination cannot,
however, be eradicated by Constituent Assembly elections alone. Long-term measures are
needed, including the implementation of existing legislation outlawing discriminatory practices
and the amendment of other discriminatory legal provisions.
48. The Comprehensive Peace Agreement committed both parties to addressing discrimination
and women’s rights. The interim Constitution included, for the first time, provisions prohibiting
untouchability and racial discrimination. The Citizenship Act adopted in November 2006
allowed more than 2 million people to obtain citizenship certificates for the first time, including
in the Terai. Some concerns remained about discriminatory provisions against women in the Act,
and about certain Madheshi, Dalit and Muslim communities, and women from these
communities being unable to obtain citizenship certificates.
49. A total of 335 of the 601 seats of the Constituent Assembly will be filled through the
proportional representation system. The Constituent Assembly Election Act contains complex
provisions requiring marginalized groups to be proportionally represented in political parties’
candidate lists, with 50 per cent of those elected through proportional representation to be
women. At least 33 per cent of all candidates are to be women. Many groups, however, have
deemed these steps insufficient and protests have continued as marginalized groups press the
Government to take more significant measures to address their demands.
50. Despite commitments to inclusiveness, social exclusion remains a major problem.
Madheshis, Dalits, Janajatis and other marginalized groups continue to be severely
underrepresented in most political party central committees, and in most State and civil service
structures including courts, law enforcement agencies and local authorities. Some measures have
been taken, including the nomination in January 2008 of five Madheshis as chief district officers;
a new Civil Service Bill adopted in August, reserving 45 per cent of designated posts for women,
Madheshi, Janajati/Adivasi - the so-called “backward” (namely, remote or underdeveloped)
regions - Dalits, and disabled persons; and in mid-November, the amendment of Nepal Police
and Armed Police Force regulations to reserve quotas of posts for women and marginalized
groups.
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