A/HRC/13/73
B.
Discrimination and the enjoyment of economic, social and cultural
rights
40.
Long-standing discrimination and social exclusion remain deeply rooted in Nepal.
Wide disparities in the enjoyment of economic, social and cultural rights were one of the
factors giving rise to the armed conflict, and remedying them will be crucial for a
successful post-conflict transition. Discrimination associated with gender, caste, class,
ethnicity, disability and geography, continues to be among the major barriers to the
effective realization of economic, social and cultural rights.
1.
Discrimination
41.
Marginalised and disadvantaged groups such as the haliyas (bonded labourers
working as land tillers), formally freed from bondage by a Government declaration in
September 2008, continue to live in often deplorable conditions, while their access to food,
health, education and fair conditions of employment remains a major challenge. In the midwestern Tarai, the practice of kamalari, by which girls (generally between the ages of 8 and
14) from poor Tharu families are sent to work for years at a time in the private homes of
wealthy or privileged families, remains prevalent, and puts them at risk of severe
exploitation, including sexual exploitation. The practice continues despite a Supreme Court
decision on 10 September 2006 ordering effective implementation of existing laws that
prohibit child exploitation. OHCHR continues to engage in regional and central level
advocacy on this issue, including through joint efforts with other United Nations agencies,
and has a project in Baitadi and Dadeldhura districts dedicated to addressing caste-based
discrimination.
42.
The Special Rapporteur on the situation of the human rights and fundamental
freedoms of indigenous people visited Nepal in December 2008. Among the issues
discussed were the widespread concerns over appropriate implementation of International
Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples
in Independent Countries (Convention No. 169). Some groups in Nepal have invoked
Convention 169 as a basis for assuming control of business and development projects, and
international non-governmental organizations and donor programmes have been affected.
The development community has had several meetings with representatives of indigenous
groups to clarify the situation and, with the input and support from OHCHR, recently
published a new policy on Convention No. 169 and the approach of the international
community. Reflecting the need for greater clarity regarding the appropriate
implementation of Convention in Nepal, the Government formed a task force in September
2008 to develop a plan of action, a draft of which was submitted to the Cabinet on 28
October 2009.
43.
A wide spectrum of civil society organizations representing discriminated groups,
including Dalits, indigenous peoples, disabled and religious and sexual minorities, prepared
a joint report that was submitted at the Durban Review Conference. The organizations have
continued to advocate for these issues in meetings with the Government.
2.
Right to health
44.
The Government continued to make progress with regard to ensuring the right to
health, including the provision of free maternity care to all Nepalese women since 2009 and
treatment of uterine prolapse, An outbreak of diarrhea occurred in the hill districts of mid
and far western regions from mid-April to mid-October 2009. The outbreak reportedly
claimed the lives of 367 people. Though Dalits constitute roughly 15 per cent of the
population in the affected districts, they accounted for 39 per cent of the deceased.
10
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