A/HRC/16/23
punish such acts and submitted it to the Ministry of Women, Children and Social Welfare
in August 2010. The draft penal code further includes provisions criminalizing witchcraft
and other gender-discriminatory social practices.
D.
1.
Encouraging developments
Positive decisions by district courts in the Far West region of Nepal
59.
The registrations of caste-based discrimination cases by the police, and
groundbreaking court decisions in the Far West region, where discriminatory practices
remain prevalent, represent encouraging developments. Such developments follow
concerted advocacy by a coalition of human rights organizations, with the support of
OHCHR, which engaged in joint missions and initiatives, including press statements, with
the National Dalit Commission and civil society.
60.
The Baitadi district court sent a strong message on the illegality of “untouchability”
practices by issuing two decisions on caste-based discrimination cases in 2009 and 2010, in
which they notably cited relevant international instruments. In neighbouring Darchula
district, the court issued its first verdict on caste-based discrimination charges in July 2010
and in Kanchanpur district, also in the Far West region, court proceedings are ongoing in
another case relating to a May 2010 assault of a Dalit woman over access to water. District
court decisions have also been upheld at the appellate court level in the region, with
custodial sentences for perpetrators confirmed.
61.
These steps are to a certain extent exceptions; nevertheless, they demonstrate the
potential role of the criminal justice system in the fight against discriminatory practices and
in curbing impunity. While significant problems remain – for example, only one perpetrator
has actually served a custodial sentence to date – the activities of particular judges to
implement anti-discrimination laws in remote areas, in the face of significant traditional
societal pressures, should be commended and supported.
2.
Action by civil society and national institutions to address discriminatory practices
62.
The development of civil society networks that focus on tackling discriminatory
practices, often through innovative campaigns and targeted activities, has contributed both
to improved understanding of the issues and to reducing specific discriminatory activities.
In Baitadi district a group of 23 civil society organizations, known collectively as the CasteBased Discrimination Elimination Network, have been working together for more than
three years in the fight against discrimination. Since a series of violent incidents during the
Dashain religious festival in 2007, in relation to traditional practices performed by Dalits,
the network has run awareness-raising campaigns and organized workshops for key actors
in the district. Incidents reduced significantly in 2008 and 2009, and in 2010 no incidents
were recorded.
63.
During 2010 the National Women Commission and the National Dalit Commission
also extended their engagement at the local level. The Dalit Commission has increased
collaboration with local-level networks and the Women’s Commission has established a
national network for the monitoring of women’s rights and is present in 30 districts to date.
OHCHR-Nepal is supporting both commissions in strengthening these networks and their
overall capacity to monitor and investigate human rights.
3.
Progressive decisions of the Supreme Court
64.
The Supreme Court has recently delivered several important decisions on
discrimination and gender-based violence cases, which contain clear directive orders to the
Government to amend legislation accordingly. For example, in February 2010 it delivered a
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