A/HRC/7/68
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between the Madheshi and Pahadi communities. Underlying the violence there was often a
complicated web of interrelationships between personal, political, criminal and communal
elements. In December, the Government sought to address the security situation in the Terai with
special police task forces, with limited results to date. Curtailing the illegal activities of the
armed groups and the need to address discrimination and inadequate representation of
marginalized groups are widely recognized as being among the requirements for an environment
conducive to free elections and sustainable peace.
D. Legislative framework
28. The interim Constitution, promulgated on 15 January 2007, includes provisions intended to
strengthen human rights protection, especially clauses providing for more expansive due process
rights, the prohibition of “untouchability”, the right of traditionally marginalized groups to
participate in State mechanisms and the criminalization of torture. Shortcomings in the interim
Constitution include inadequate respect for the rights of non-citizens, limited coverage of the
rights to liberty and security and provisions permitting derogation of rights during a state of
emergency.
29. In 2007, the Government signed the Convention on the Rights of Persons with Disabilities
and ratified the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict and International Labour Organization
(ILO) Conventions 169 (rights of indigenous and tribal peoples) and 105 (abolition of forced
labour). The Rome Statute of the International Criminal Court has yet to be ratified.
30. The Right to Information Act was promulgated in July 2007 which, for the first time,
guarantees access to official documents, though with certain restrictive clauses. The Human
Trafficking (Control) Act, passed in July, broadened the definition of trafficking, increased
penalties, enhanced victim protection and defined child victims as persons up to the age of 18.
However, it requires suspects to prove their innocence. A bill criminalizing torture has not yet
been tabled before Parliament. OHCHR also raised concerns with the Government about
amendments to the Local Administration Act, adopted in August, provisions of which violated
the rights to freedom of assembly and to a fair trial.
31. In addition, the Supreme Court issued several orders directing the Government to enact
rights-related legislation, including on disappearances (see paragraph 69 below), torture, the
rights of sexual minorities and protection of identity of HIV/AIDS sufferers, and women and
children during judicial processes.
E. Democratic rights
32. Respect for freedom of assembly, expression and association are central to any process
aimed at restoring democracy, including electoral processes. Political and civil society activities
were more openly and extensively conducted than prior to the ceasefire of April 2006, and many
rallies and protests were organized. Nevertheless, there were a number of constraints in
exercising these rights; some due to State responses, some to abuses by the CPN(M), others to
violence from armed groups.
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