A/HRC/10/53
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took steps to set up a land reform commission with a view to adopting a policy for implementing
a scientific land reform programme, as stipulated in the CPA. OHCHR Nepal developed
guidelines on eviction based on international human rights standards and best practices, which
assisted the authorities to adopt a rights-based approach to the handling of evictions, in particular
in the Far Western region.
13. OHCHR Nepal has focused increased attention on the situation of historically marginalized
landless communities, such as ex-Kamaiyas and Haliyas. The former were officially freed from
bonded labour in 2002 but most were without access to land or economic means. In July 2007,
the Government committed itself to establish a timetable for the allocation of land and other
support measures. Similarly, the Government in September 2008 declared the emancipation of
Haliyas and cancelled all inherited debts. A task force comprising government officials and
Haliya representatives was formed to make recommendations to the Government on
rehabilitation measures. These are positive developments, but concrete progress to implement
commitments and recommendations is necessary, as most Haliyas remain in debt-bondage to
landowners. Former bonded labourers must be ensured appropriate assistance and rehabilitation
to enable them to acquire an adequate standard of living. Through advocacy, and support to
bonded labourers, OHCHR Nepal contributed to strengthening their capacity to claim their
rights.
14. Much remains to be done to eliminate discrimination against persons of indigenous
descent, who constitute more than one third of the country’s population. In August 2007, Nepal
became the first country in Asia to ratify ILO Convention No. 169 of 1989 on Indigenous and
Tribal Peoples. A task force of concerned line ministries and indigenous organizations was
subsequently formed to develop a comprehensive action plan and to propose the revision of laws
and implementation of policies and programmes to recognize the rights of indigenous peoples,
including in the areas of land and natural resources, culture, governance and education. The
action plan is being revised following an initial consultation on the draft in December 2008.
15. A key barrier to equality for victims of caste-based discrimination is the deeply rooted
view that such discrimination is inevitable and that, in order to promote social harmony,
incidents of discrimination should be mediated at the community level rather than pursued
through the legal system. OHCHR Nepal received reports that the Nepal Police continues to
coerce victims of discrimination to enter into settlements with perpetrators, thus denying them
access to justice. The formation of a network in the Far Western region to address caste-based
discrimination, facilitated by OHCHR Nepal, had a positive impact on the prevention of violence
arising as a result of traditional discriminatory practices.
16. Social exclusion remains a significant problem; Madheshis, Dalits, Janajatis, women
and other marginalized groups remain seriously underrepresented in most State bodies.
However, in a positive step, the most recent recruitment by the Armed Police Force respected
quotas established through the amendment of the Armed Police Force Regulations in
November 2007 with the result that the 1,757 police officials recruited most recently
included 150 women, 109 Dalits, 219 Madheshis, 234 Janajatis and 35 from remote or
underdeveloped regions.
17. Although lack of access to justice to seek redress for abuse or discrimination continues to
affect the lives of women, progress was made, particularly towards addressing violence against
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