A/HRC/41/42/Add.2
3.
Witchcraft
47.
Despite the introduction of the Witchcraft Accusation (Crime and Punishment) Act
in 2015, the Special Rapporteur is concerned by the fact that the persecution and killing of
women accused of practising witchcraft is still very prevalent in some parts of the country,
with Dalit women disproportionately affected.16 For the most part, witchcraft accusations
are based on superstition and stem from allegations of black magic, such as casting a spell
on food or drinks, making children sick and spreading disease within the community. The
accused women are often subjected to inhumane and degrading treatment, ranging from
physical beatings to forced consumption of human excrement. In some cases, the injuries
sustained have led to death. The Special Rapporteur was informed of a number of cases
involving such accusations and notes that the indifference of the police to the crime of
witch-hunting and the fear of reprisal on the part of the victims often lead to impunity, with
perpetrators continuing to walk free.
4.
Dowry-related violence against women
48.
The 2015 amendment to the Domestic Violence (Offence and Punishment) Act
incorporates dowry-related offences, including demanding or forcing someone to pay a
dowry or ill-treatment for not paying a dowry, and recognizes such offences as a form of
economic violence within the definition of domestic violence. 17 In section 5 of the Social
Practices (Reform) Act of 1976, the practice of requesting a dowry is also prohibited, but
the custom still exists in some parts of the country, with a devastating impact on women
and young girls, who are frequently subjected to physical and psychological abuse for
failing to present the expected dowry upon marriage.
D.
Trafficking of women and girls
49.
The issue of trafficking in Nepal was addressed by the former Special Rapporteur on
violence against women, its causes and consequences, Radhika Coomaraswamy, in her
report on her mission to Bangladesh, India and Nepal in 2000 (E/CN.4/2001/73/Add.2).
50.
While the current Special Rapporteur welcomes the establishment of an antitrafficking cell in the Ministry of Women, Children and Senior Citizens, the launch of
various programmes in collaboration with civil society organizations and the establishment
of a fund for the rehabilitation of survivors of human trafficking in each district, she is
concerned that those who are most vulnerable to trafficking may not be benefiting from
these mechanisms owing to the lack of coordination among relevant stakeholders. She is
further concerned at the lack of a specific definition of the crime of trafficking in national
law and the lack of ratification of the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children. She notes that the trafficking of women and
girls continues to present a considerable challenge in the country, with regard to indigenous,
Dalit and Badi women and girls in particular, as well as women and girls living in areas
along the border with India. In its report covering the period 2013–2015, the National
Human Rights Commission noted that trafficking had escalated after the earthquake in
April 2015, while a total of 329 cases of human trafficking and transportation were filed in
2016–2017, of which 121 cases resulted in convictions of perpetrators and 91 in acquittals.
An acute lack of awareness, combined with underreporting for fear of retaliation and lack
of witness protection, and the complicity of family members continue to exacerbate the
issue.
51.
Almost 25 per cent of the population of Nepal over the age of 16 years (5.7 million
people), including many women, do not possess citizenship certificates. 18 In addition to
preventing women and children from enjoying basic rights and having access to services
16
17
18
See www.womankind.org.uk/docs/default-source/resources/briefings/fedo-lobbydocument.pdf?sfvrsn=0.
Nepal, Domestic Violence (Crime and Punishment) Act of 2009, sect. 2 (f).
Forum for Women, Law and Development, “Legal analysis of citizenship law of Nepal”, November
2016.
11
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