A/HRC/10/53
page 5
protect and promote the human rights of its people under all circumstances with constitutional
and legal guarantees and implementation of the international human rights instruments to which
Nepal is a party.1
A. Discrimination and economic, social and cultural rights
10. The elections in April 2008 resulted in increased representation of historically
marginalized groups.2 The new Government took steps to end traditional discriminatory
practices, such as banning the use of bonded labour, and committed itself to eliminating
“untouchability”. Many challenges remain, however. Longstanding discrimination based on
class, caste, gender, ethnicity, geography and other considerations remains deeply rooted in
Nepal, and rampant inequalities persist. While the law provides for access to justice for all
(Legal Aid Act 1998), many people face significant barriers to access to justice as a result of
poverty and discrimination. Women in particular suffer from multiple forms of discrimination,
which increases their vulnerability to sexual and gender-based violence. Marginalized and
disadvantaged groups, such as former Kamaiyas (bonded labours), Haliyas (tillers), internally
displaced persons and populations situated in remote areas, continue to be the most affected by
inequalities in access to land, food, health and justice. Expectations among marginalized groups
that these challenges would be addressed were raised with the formation of a Government led by
the CPN(M). In a positive move, the Government has been holding consultations in all regions to
review the existing National Human Rights Action Plan to bring it into closer alignment with the
Millennium Development Goals.
11. Droughts and floods, combined with the challenges for the Government to ensure regular
supplies, resulted in severe food shortages, particularly in remote hill districts. The scarcity was
further exacerbated by frequent bandhs3 and rising fuel prices during part of 2008. In a landmark
decision, the Supreme Court on 25 September directed the Government to immediately supply
food to the population in 12 districts of the Far Western and Mid Western regions, which were
particularly affected. In response, the Government launched a special programme to address food
insecurity in 22 districts. However, chronic shortages in certain areas have led to long-term
malnutrition and present considerable impediments to the realization of the right to health,
particularly that of children.
12. Access to land remains a pressing area of concern that, if unaddressed, has the potential to
rekindle conflict. The CPN(M) garnered significant voter support in the Constituent Assembly
elections, in particular in rural districts, by its promise to redistribute land in an equitable
manner. On the other hand, there were repeated calls for the CPN(M) to return land and property
confiscated during the conflict, which the party has so far only partially realized. Following
protests in November by a group of organizations supporting landless persons, the Government
1
See also para. 21.
2
See also para. 50 below.
3
A general strike in which all businesses, shops and schools are closed and public transport
halted.
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