A/HRC/4/97
page 17
the Uplift of the Dalit Communities, and Indigenous Ethnic Nationalities District Coordination
Committees in each of the 75 districts. Another positive measure is the inclusion in the
provisions of the Government’s tenth Development plan.
64.
Some legislation has been passed which, inter alia, improves gender equality in terms of
property rights and criminalizes discriminatory behaviour with regard to “untouchability”. A
Citizenship Act adopted in November 2006 will give citizenship to many of those living in the
Terai plains and enables a Nepalese mother to pass on citizenship to her children in certain
circumstances. However, the implementation of these laws has yet to be tested and many other
discriminatory legal provisions which require amendment. OHCHR raised serious concerns that
neither the Citizenship Act nor the Draft Interim Constitution incorporated its recommendations
to amend certain discriminatory provisions.
65.
Equality for Madhesis is emerging as a central issue in the peace process. The Madhesi
people make up some 30-40 per cent of the population of Nepal, and see the electoral process as
a critical step in addressing historical discrimination. The Citizenship Act only partially
addressed their lack of citizenship. The draft Interim Constitution also creates a relative
imbalance between electoral constituencies in the plains and in the hills, requiring greater voter
population per seat in the Terai.
66.
Towards the end of 2006, Madhesi groups organized a series of strikes to prevent the
movement of Pahadis freely moving in the Terai (see also above, paragraphs 38-40). Serious
communal violence between Madhesis and Pahadis broke out in the Mid-Western town of
Nepalgunj in December 2006 following a strike called by the Madhesi political party, Nepal
Sadbhawana Party (NSP). One person was killed, and there was widespread looting and
destruction of Madhesi property in particular. Police failed to intervene adequately to maintain
law and order, and to protect Madhesi property. The central Government acknowledged the
gravity of these events, but the incidents highlighted the potential for further communal violence
in the Terai region, the urgent need to strengthen the professional capacity of law enforcement
authorities to maintain law and order, and to develop inter-community dialogue.
67.
The process leading up to Constituent Assembly elections is likely to involve
considerable public campaigning and mobilization around issues of discrimination. Addressing
the growing demands for a State structure which protects the human rights of all and enables all
Nepalese people to participate equally in society is a fundamental challenge of the peace process
and the Constituent Assembly. Unless concerns are seriously addressed, there is a great risk of
deepening social divisions and, ultimately, violence.
VII. CONCLUSION
68.
Since the last report to the Commission on Human Rights in February 2006, there
have been considerable improvements in some aspects of the human rights situation in
Nepal. The Government and CPN(M) have recognized in the Comprehensive Peace
Agreement that human rights are core elements to the peace process. Civil society, in its
broadest sense, has framed many of its demands in human rights terms. There are
expectations that the peace process will bring solutions to long-standing human rights
issues, especially deeply-engrained discrimination, prejudices and abuse against
marginalized groups, as well as economic disparities.
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