1991 US Department of State Annual Human Rights Report on Nepal

Page 1526 

NEPAL 

Nepal is a constitutional monarchy which began to function as a 

parliamentary democracy following national elections held on 

May 12. The King retains important residual powers under the 

new Constitution but disassociated himself from the exercise of 

power in 1991. The Parliament consists of the House of 

Representatives (lower house) and the National Council (upper 

house). From 1960, when an elected party-based government was 

dismissed, until 1990, Nepal was an absolute monarchy and 

political parties were banned. The success of the Movement to 

Restore Democracy (MRD) in April 1990 initiated Nepal's 

transition to democracy. Responding to popular pressure, the 

King dismissed the partyless "Panchayat" government and invited 

the formation of an interim government made up of Nepali 

Congress and Communist party leaders. This government presided 

over the promulgation of a new Constitution and Nepal's first 

multiparty elections since 1959. International observers 

described these elections, in which all citizens over 18 were 

allowed to vote, as "generally conducted in a manner fair, 

free, and open enabling the full expression of the will of the 

people." The Nepali Congress Party won a majority in the House 

of Representatives with 110 of 205 seats, while the Communist 

parties, receiving almost the same total popular vote as the 

Congress Party, won a combined total of 82 seats. The parties 

led by former leaders of the discredited Panchayat system were 

routed, winning only four seats and joining a group of regional 

and special interest parties having only token representation 

in the Parliament. The Nepali Congress Party Government headed 

by Prime Minister G. P. Koirala is now in the first year of a 

5-year term. 

Internal security is maintained by the Nepal police, under the 

Home Minister, and, as necessary, by the Royal Nepal Army, of 

which the King is Commander in Chief. During the elections the 

army provided major logistical and security support, which by 

all accounts helped both to minimize election violence and to 

guarantee an orderly electoral process. Because communication 

links in Nepal are limited, local officials have a great deal 

of autonomy and exercise wide discretion in handling law and 

order. There were sporadic incidents in which police used 

excessive lethal force, and police mistreatment of criminal 

suspects continued. 

Nepal is one of the world's poorest countries, with per capita 

gross national product estimated at $160. Over 90 percent of 

its 19 million people are engaged in subsistence agriculture. 

Economic development varies widely: the Kathmandu Valley and 

the Terai (the lowland area adjacent to India) are developing 

more rapidly, but population pressures, physical isolation, and 

environmental degradation in the hills between the Terai in the 

south and the Himalaya mountain range in the north keep the 

hills the poorest region of the country. 

As witnessed by the carrying out of free elections in May, 

Nepal today is a far more open society than it was before the 

political transformation began in 1990. The new Government has 

also made measurable progress in its top priority of restoring 

law and order, which had deteriorated during the previous 

year. Prime Minister Koirala also stressed that the protection 

of human rights is a central tenet of his Government. The 1990 

Constitution guarantees a broad range of fundamental human 

rights, and during the summer Parliament passed a number of 

bills to bring the law into conformity with the Constitution. 

The principal human rights problem in 1991 concerned the abuse 

of police powers. Police fired into crowds on several 

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occasions and police beatings of prisoners continued to occur, 

particularly in more remote areas, both as punishment and to 

extract confessions. In addition, broad powers of detention, 

which authorities still enjoy under the Public Security Act, 

were used widely during the 55-day protest by the Nepal Civil 

Servants' Association (NCSO) and remain an important problem. 

Freedom of religion, although permitted in practice, is still 

not enshrined in law. Trafficking in women remains a 

significant social problem. 

RESPECT FOR HUMAN RIGHTS 

Section 1 Respect for the Integrity of the Person, Including 

Freedom from: 

a. Political and Other Extrajudicial Killing 

Following the civil strife of February-April 1990 in which 

dozens of persons were killed, the incidence of political and 

extrajudicial killing dropped sharply. Nevertheless, during 

the period leading up to the May 12 elections there were 

several hundred incidents of campaign violence in which 

injuries or fatalities occurred. Most incidents resulted from 

interparty conflict, several escalating to the point where 

police fired on crowds. After violence dwindled to almost 

nothing on election day, two deaths were attributed to 

interparty conflict in the months following the election, and 

political tensions have continued to erupt into violence from 

time to time. Police fired on crowds in Argakhanchi on July 6 

and in Khotang on July 31, resulting in one death and several 

injuries on each occasion. The first case was apparently 

touched off by an argument over regulations on the consumption 

of alcohol; the second case came when an organized 

demonstration in support of the NCSO protest became unruly and 

abusive. In both instances the Home Minister supported the 

police justification of its behavior but then provided 

compensation to the victims' families. Both incidents involved 

supporters of competing political parties. An investigation 

team comprised of three members of Parliament, from both the 

Nepali Congress and Communist parties, concluded that in 

Khotang a genuine provocation was met by excessive force. 

There are conflicting views on the Argakhanchi incident. No 

disciplinary action has been taken against the police in either 

instance, and a Home Ministry inquiry, while not technically 

closed, had produced no results by year's end. 

b. Disappearance 

There were no new reports of disappearances. Soon after coming 

to power, the interim government formed a five-person 

commission to investigate the whereabouts of those missing or 

dead since December i960. The commission presented its report 

to the Parliament in August; however, it has not been 

published, and few details of its conclusions are available. 

According to press reports, the commission found that a few of 

the rfiore than 30 missing people had been found in police 

custody and released. The commission's report was apparently 

inconclusive, however, regarding most of the cases under 

consideration. No further investigation is anticipated. 

c. Torture and Other Cruel, Inhuman, or Degrading 

Treatment or Punishment 

Allegations of torture dropped markedly after the fall of the 

Panchayat government. In April the Government acceded to the 

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Convention Against Torture and Other Cruel, Inhuman, or 

Degrading Treatment or Punishment. Nepal's Constitution now 

provides for compensation to those subjected to physical or 

mental torture. 

Police beating is still reported to be a routine means of 

extracting confessions from common criminals, particularly in 

rural areas. In addition, there were several reports of police 

beating Tibetan refugees transiting Nepal en route to India and 

taking their possessions. These incidents have occurred, in 

areas where oversight by senior government officials is thin. 

However, the Government has rarely conducted investigations 

into allegations of police brutality or acknowledged public 

concern about its prevalence. 

During the civil servants' protest, human rights groups 

reported that detainees were held under very crowded conditions 

with minimal ventilation, and that some were denied medical 

attention. Three classes of prison facilities exist in Nepal. 

Class "C" cells — which generally hold common criminals, 

suspected terrorists, and low-level political workers — are the 

worst. They often have dirt floors, sparse or no furnishings, 

and poorer food than in class "B" or "A" cells. The use of 

handcuffs and fetters is sometimes reported. 

Prisoners in the class "C" cells reportedly suffer the most 

abuse, such as beatings and being forced to kneel for long 

periods. Conditions in "B" and "A" cells are markedly better, 

with the latter reserved for "prominent" persons. Women are 

incarcerated separately from men, in equally poor conditions. 

In September the Government announced that jail administration 

and management would be shifted from the police to the Home 

Ministry, a move that some observers thought would improve 

prison conditions and respect for prisoners' rights. 

Reflecting the low level of general medical facilities in this 

impoverished country, facilities for care and treatment of the 

mentally ill are inadequate. Such persons are often placed in 

jails under conditions that are degrading and sometimes inhuman 

by international standards. 

The three-person Mallick Commission appointed by the interim 

government to investigate the loss of life and property during 

the MRD agitation period and to look into charges of torture 

and other mistreatment completed its report on December 31, 

1990, and submitted it to the Attorney General. The report, 

which has not been published, recommended legal action against 

individual civil and police officials responsible for deaths 

and injuries during the MRD agitation in the spring of 1990. 

In February the Government seized the passports of many 

high-ranking officials likely to be indicted by the report to 

prevent them from leaving the country. The Supreme Court later 

declared this action unconstitutional. The Attorney General 

later determined that the Mallick Report supplies neither firm 

evidence nor a legal basis for prosecution. 

d. Arbitrary Arrest, Detention, or Exile 

During the NCSO protests in July and August, the Government 

frequently resorted to arbitrary detention and arrest under the 

Public Offenses and Penalties Act in an effort to intimidate 

and demoralize the protesters. Credible sources reported 

upward of 500 arrests under the Act during this period, with 

many of those detained spending the full 25 days of police 

investigation in preventive detention. At the end of the 25 

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days, most were released on bail, a few were held and charged, 

and some of the leaders were released and then quickly 

rearrested. Virtually all detainees were released within days 

of the NCSO protest's termination on August 24. 

The law which had been used most often to detain and arrest 

persons during the^MRD agitation was the Public Security Act. 

This Act was amended in April but was not repealed. Under the 

Act as amended, the Home Ministry may prohibit a person from 

leaving the Kingdom or, upon presentation of a notice stating 

that he is being detained, a person may be held for up to 6 

months. This initial period may be extended once by the court 

for an additional 6 months before charges must be filed. A 

written detention order with "grounds and reason" must be 

presented at the time of detention, and the district court must 

be notified within 24 hours. The listed grounds for detention 

are open to broad interpretation. A person may be detained if 

it is suspected that his actions might affect the security of 

Nepal; order and tranquility inside Nepal; amicable relations 

between Nepal and other friendly states; or amicable relations 

among people of different classes or religions within Nepal. 

Persons detained under the Act are not brought to trial. This 

law was not invoked in 1991. 

Other existing laws may be used as the basis for arrest and 

detention. Persons detained for the expression of views 

critical of, or different from, those of the Government may be 

charged under the Treason Act; the National Security Act also 

allows preventive detention in an emergency. 

Under current law, persons are permitted access to a lawyer of 

their choosing only after they are no longer technically in 

police custody, which can be up to 25 days in criminal cases. 

Those detained under the Public Security Act are to be 

presented with documentation stating they are being held under 

the Act when they are imprisoned. For common crimes, the law 

provides that a suspect must be brought before a court within 

24 hours and must be informed of the general grounds for the 

arrest or be released. A 7-day extension may be granted for 

the completion of the police investigation. The law generally 

provides a person in detention with the right to a judicial 

determination of the legality of the detention, but instances 

of abuse reportedly occur. There is a functioning system of 

bail, but bail levels were substantially increased in 1987, 

making bail too expensive for most impoverished Nepalese. 

Judges often do not set bail, and many accused persons are held 

throughout their trial period. 

Exile is prohibited by the Constitution and is not practiced. 

e. Denial of Fair Public Trial 

Nepalese law provides for the right to a public trial except in 

some security and customs cases. The Constitution provides for 

the right to counsel, protection from double jeopardy, and 

protection from retroactive application of the law. There were 

no reported instances of abuse in this area under either the 

interim government or the newly elected Government. The 

judiciary is legally independent. Although in the past the 

judicial system had always been weak and subject to political 

influence, efforts are being made by the new Government to 

strengthen it. The right of constitutional review was 

introduced in the 1990 Constitution. Also, the Constitution 

allows the Supreme Court to initiate contempt proceedings and 

to impose punishment for contempt of the Supreme Court or 

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subordinate courts. All lower court decisions, including 

accjuittals, are subject to appeal. The Supreme Court is the 

court of last appeal, but the King may grant pardons and may 

suspend, commute, or remit any sentence by any court. 

Nepal's judicial system consists of three layers: the Supreme 

Court, appellate courts, and district courts. The judges of 

all three layers are appointed by the King upon the 

recommendation of the Judicial Council, a constitutional body 

chaired by the Chief Justice, which makes recommendations and 

gives advice on matters of appointment, transfer, disciplinary 

action against judges, and other matters relating to judicial 

administration. In 1990 the judicial system virtually ceased 

to function as a result of the political upheaval, causing an 

enormous case backlog; by the end of 1991, over 2,000 cases 

were still pending review by the Supreme Court. 

Military and civilian courts are separate. Military courts 

generally deal only with military personnel who are immune from 

prosecution in civilian courts. Pending review of the law to 

bring it into conformity with the Constitution, civilians may 

also be tried in military courts for crimes involving the 

military. In the past, cases of terrorism or treason were 

often dealt with under the Treason Act in closed trials held 

before specially constituted tribunals. No such cases were 

tried in 1991, but the Treason Act remains in effect. 

Fifteen persons who had been convicted by the Supreme Court in 

connection with bomb explosions in 1985 received royal pardons 

on June 23. Of the 15, 4 were facing death sentences and 4 

faced life imprisonment. Although some groups continued to 

claim there were political prisoners being held on false 

charges of murder and banditry, there was no confirmation of 

this claim. 

f. Arbitrary Interference with Privacy, Family, Home, or 

Correspondence 

The new Government generally has respected the privacy of the 

home and family, principles bolstered by Nepalese law and 

tradition. Search warrants are required before search and 

seizure, except in cases involving suspected security or 

narcotics violations. The Police Act of 1955 empowers the 

police to issue warrants for search and seizure in criminal 

cases upon receipt of information about criminal activities. 

The Chief District Officer (CDO) in misdemeanor cases and court 

judges in felony cases must approve warrants within 24 hours 

after they are issued. An amendment to the Police Act was 

passed and, although its provisions have not been published, 

they reportedly retain the warrant requirements. 

Section 2 Respect for Civil Liberties, Including: 

a. Freedom of Speech and Press 

The Constitution specifies that all citizens shall have freedom 

of thought and expression; it also guarantees that no news 

item, article, or any other reading material shall be 

censored. These rights are circumscribed, however, as the 

Constitution permits restriction of speech or press in four 

instances: if they undermine the sovereignty and integrity of 

the Kingdom of Nepal; if they disturb the harmonious relations 

subsisting among people of different castes or communities; if 

they represent sedition, defamation, contempt of court, or 

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instigation to commit crime; or if they are against decent 

public behavior or morality. 

The sole radio and television stations in Nepal are government 

owned and controlled. While programming reflected a much 

broader range of interests and political viewpoints than it had 

before the democracy movement, it still followed closely the 

views of the Government . 

In May a new Press and Publication Act was enacted. It 

provides for the licensing of publications and the granting of 

credentials to journalists. It includes penalties for 

violating these requirements. In addition, it prohibits 

publication of materials that foment hatred, disrespect, 

contempt, or malice, toward the King or the royal family or 

undermine the dignity of the King; undermine the integrity and 

sovereignty of the Kingdom of Nepal; undermine the security, 

peace, and order of the Kingdom of Nepal; create animosity and 

spread communal ill-feelings among people belonging to 

different castes and communities, religions, classes, regions, 

and sects; or adversely affect the good conduct, morality, and 

social decorum of the public. A similar list regulates the 

basis of banning the importation of foreign publications. 

Notwithstanding the law, a large number of Nepal's more than 

400 publications (some political party mouthpieces, some 

independent, and many small family operations with circulation 

limited to a few hundred copies) remained vigorous and candid 

in their criticism of the Government. A few have published 

direct attacks on the monarchy, without being prosecuted or 

closed down. The two Nepalese dailies with the largest 

circulations are government organs. Their coverage broadened 

over the past year to reflect a wider range of viewpoints. 

While their editors may publish critical views and alternate 

policies, editorial views still tend to reflect government 

policy. During the interim government this was entirely a 

function of self-censorship, and under the elected Government 

there has also been occasional direction from the Ministry of 

Communication. While the Government can exert pressure on the 

independent print media through its control of the price of 

newsprint and through the high proportion of advertising it 

purchases, there was no evidence that such pressure was applied 

in 1991. 

During the year there were no reported abridgments of freedom 

of speech, and there were no reported restrictions on academic 

freedom. 

b. Freedom of Peaceful Assembly and Association 

Under the Constitution freedom of assembly is guaranteed. 

However, a caveat allows restrictions on such vague grounds as 

undermining the "sovereignty and integrity" of Nepal or 

disturbing "law and order." 

During the NCSO protests some of the activists were arrested 

while demonstrating peacefully, while in other cases the 

demonstrations degenerated into public disturbances before any 

arrests took place. There were no other reports of arrest or 

detention for exercising the freedoms of assembly or 

association. 

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c. Freedom of Religion 

The majority of Nepalese are Hindus, and Nepal is officially 

described as a Hindu Kingdom. There is a large minority of 

Buddhists, a smaller number of Muslims, and a small but growing 

number of Christians. Non-Hindus are allowed to practice their 

religion and to maintain places of worship. Many foreign 

Christian clergymen reside and work in Nepal in various 

fields. Religious education is offered by non-Hindus, 

including Muslims and Christians. Religious publications are 

imported mainly from India and widely circulated. 

The new Constitution, unlike the previous one, provides that 

"every religious demonimation shall have the right to maintain 

its independent existence," but proselytizing remains 

prohibited. In addition, the current legal code now provides a 

maximum penalty of 1 year in prison for any Hindu who converts 

to another religion and 3 to 6 years for any person who seeks 

to proselytize a Hindu. The State views the conversion of 

Hindus as a more serious crime than the conversion of 

non-Hindus because conversion from Hinduism is regarded as 

undermining the religious and ideological underpinnings of the 

State. There is no penalty if a non-Hindu converts. 

In the past, Nepalese authorities, particularly in conservative 

rural areas, have taken the prohibition on conversion very 

seriously. The newly elected Government has continued the more 

tolerant policy of the interim government that took power in 

1990, and Christians and other non-Hindu groups have freely 

engaged in a wide variety of religious activities. Christmas 

and Id-ul Fitr have been made legal holidays for Christians and 

Muslims, respectively, and religious groups may establish their 

own organizations and acquire their own places of worship. 

Over a dozen cases of "attempting to proselytize" have been 

thrown out of court; there have been no reports of prosecution 

for religious reasons since April 1990. 

Concern remains that continuing the prohibition against 

religious conversion in the new Constitution raises the 

possibility that it may be used against people solely for the 

expression of their religious beliefs. For this reason, 

various non-Hindu groups continue to urge amendment of this 

provision of the Constitution. 

d. Freedom of Movement Within the Country, Foreign 

Travel, Emigration, and Repatriation 

Citizens of Nepal may generally move freely and reside where 

they wish, a right guaranteed in the Constitution. Foreigners 

(including Tibetans resident in Nepal) and journalists are 

restricted from traveling to some areas on the Chinese border; 

this restriction was lifted in October for licensed trekking 

groups escorted by a police liaison officer. Nepalese abroad 

are free to return home. Although it is not explicitly 

prohibited by the Constitution, there are no known cases of 

revocation of citizenship for political reasons. Travel 

outside of Nepal is generally not restricted for Nepalese 

citizens. Tibetans resident in Nepal may only travel to India, 

although exceptions are routinely granted for business travel 

to other countries. 

Nepal has no stated refugee policy and is not a party to the 

1967 Protocol Relating to the Status of Refugees. The United 

Nations High Commissioner for Refugees (UNHCR) has maintained 

an office in Kathmandu since 1989. The Government is aiding 

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UNHCR's efforts by facilitating its access to the asylum 

seekers from both China and Bhutan. In the past, Nepal has 

accepted and assimilated approximately 14,000 Tibetan 

refugees. Border restrictions, tightened in 1986 by a joint 

Nepalese/Chinese agreement, are observed haphazardly on the 

Nepal side of the border. Tibetan refugees transiting through 

Nepal to India are usually permitted passage, although there 

are frequent reports of police demanding payments from, and 

occasionally administering beatings to, these refugees. 

Credible reports continue to be heard of some Tibetan refugees 

being turned back by Nepalese authorities near the Nepal-China 

border. One estimate suggested that about quarter of the total 

who attempted to flee through Nepal were turned back; the same 

source claimed that this was a 50 percent improvement over 1990, 

There was a large increase in the number of Nepalese-ethnic 

Bhutanese fleeing into Nepal reportedly after suffering abuses 

or being expelled from Bhutan. Those refugees with family ties 

in Nepal returned to their native villages. Nearly 10,000 

others arrived in camps in southeastern Nepal where they faced 

unhealthful conditions of poor sanitation and nutrition. Their 

presence there is tolerated by the Government, although it can 

offer them little except a place to stay. The UNHCR monitors 

the condition of these refugees and provides assistance for 

their basic needs. 

Section 3 Respect for Political Rights: The Right of Citizens 

to Change Their Government 

Under the Constitution promulgated in 1990, Nepal is a 

constitutional monarchy with sovereignty vested in the people. 

The people, through their elected representatives, have the 

right to amend the Constitution to change all but the most 

basic aspects of the body politic — sovereignty vested in the 

people, the multiparty system, fundamental rights, and the 

constitutional monarchy. 

Parliamentary elections are to be held every 5 years based on 

universal adult suffrage (for citizens over the age of 18) and 

the secret ballot. On May 12, the people exercised their 

franchise for the first time in 32 years in a general election 

that domestic and over 60 international observers described as 

basically free and fair. The Nepali Congress Party won 110 out 

of 205 seats in the House of Representatives and was able to 

form the Government without need for a coalition. The King 

appointed G.P. Koirala, leader of the Nepali Congress Party in 

the Parliament, as Prime Minister. The next parliamentary 

elections are scheduled to be held in 1996. 

The King continues to exercise certain executive powers "with 

the advice and consent of the Council of Ministers." These 

powers include exclusive power in enacting, amending, and 

repealing laws relating to succession to the throne. The 

King's income and property are tax exempt and inviolable. No 

question may be raised in any court about any act performed by 

the King. The new Constitution also permits the King to 

exercise emergency powers in the event of war, external 

aggression, armed revolt, or extreme economic depression. The 

emergency powers allow him to suspend the freedoms of 

expression and assembly, freedoms from censorship and 

preventive detention, and other basic freedoms without judicial 

review. The rights to form associations and of habeas corpus 

may not be suspended. A state of emergency may be maintained 

for up to 3 months without legislative approval, and up to 6 

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months, renewable only once for an additional 6 months, if 

legislative approval is granted. 

The new Constitution bars the registration and participation in 

elections of any political party that is based on caste or 

community or that does not operate openly and democratically. 

There are no specific laws that restrict women or minorities 

from participating in the Government or political parties, but 

lingering conservative traditions limit the influence of both 

women and some castes and tribes in the political process. The 

Constitution requires that at least 5 percent of the candidates 

for the House of Representatives from each registered political 

party be women. 

Section 4 Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations 

of Human Rights 

Nepal has over a dozen nongovernmental human rights 

organizations. The major organizations are the Forum for the 

Protection of Human Rights (FOPHUR) and the Human Rights 

Organization of Nepal (HURON), although the activities of the 

latter dropped off considerably following the success of the 

prodemocracy movement. Both are considered to be relatively 

unbiased in their reporting despite the fact that FOPHUR is 

associated informally with the left-leaning parties and HURON 

with the Nepali Congress Party. In addition, the Institute for 

Human Rights, Environment, and Development (INHURED) was active 

and organized an international conference on human rights, 

law-making, and transition to democracy in Kathmandu in July. 

The Nepal Law Society also monitors human rights issues. Both 

government-appointed commissions and nongovernmental human 

rights groups report that police authorities are not 

cooperative with their efforts to gather information. 

The interim government welcomed international observers from 22 

countries at the time of the May general elections. During the 

civil servants' protest. Amnesty International published a 

report criticizing the Government for detaining trade 

unionists; the Government has not commented on this report 

publicly. 

The interim government affirmed its commitment to human rights 

by acceding to the International Covenant on Civil and 

Political Rights; the Optional Protocol to that Covenant; the 

Convention Against Torture and Other Cruel, Inhuman, or 

Degrading Treatment or Punishment; the International Convention 

on Economic, Social and Cultural Rights; the Convention on the 

Elimination of All Forms of Discrimination Against Women; and 

the Convention on the Rights of the Child. Following the May 

12 election, the newly elected Prime Minister reaffirmed 

international respect for human rights as a cornerstone of 

Nepal's foreign policy. 

In September the Government established an Abuse of Authority 

Investigation Commission under legislation passed by the 

Parliament as required by the Constitution. This organ will be 

used primarily to investigate corruption in government, but any 

citizen may bring a complaint to it, including allegations of 

human rights abuses. 

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Section 5 Discrimination Based on Race, Sex, Religion, 

Language, or Social Status 

The Constitution specifies the right to equality whereby the 

State shall not discriminate against citizens on grounds of 

religion, race, sex, caste, or ideology. However, Nepal is 

still largely a traditional society and remains wedded to the 

caste system. Discrimination on the basis of caste, 

particularly the public shunning of "untouchables," is outlawed 

but is still common, particularly in the rural areas of western 

Nepal. Differentiation in economic, social, and educational 

levels tends to be a function of historical patterns, 

geographical location, and class origin. The spread of 

education and higher levels of prosperity, especially in the 

Kathmandu Valley, are slowly reducing caste distinctions and 

increasing opportunities for lower socioeconomic groups. 

Although politics and senior jobs in the government 

administration and army in Nepal continue to be dominated by 

higher and better educated urban-oriented castes (Brahmin, 

Chhetris, and certain elements of the Newar community), the 

representation of other castes is slowly increasing. 

Women in Nepal also face discrimination based on sex, 

particularly in rural areas, where the weight of tradition, 

lack of education, and ignorance of the law remain severe 

impediments to the exercise of basic rights, such as the right 

to vote or to hold property in their own names. The female 

literacy rate in 1988 was 18 percent, compared to the average 

literacy rate of 33 percent. 

Over the years, women have benefited from various changes in 

marriage and inheritance laws. The divorce law grants Nepalese 

women the right to divorce, but on more narrow grounds that 

those available to men. The new Constitution strengthened 

provisions regarding women, including equal pay for equal work. 

Wife beating is said to be common, though little is known about 

its extent. Abuses occurring within the family are seldom 

mentioned owing to the value attached to personal privacy in 

Nepal's traditional society. In general, there is little 

public attention to or discussion of violence against women in 

the home . 

Trafficking in women is a deeply ingrained social problem in 

several of Nepal's poorest areas. Estimates of the total 

number of Nepalese girls and women working as prostitutes in 

the red-light districts of India's major cities vary widely but 

average around 100,000. Coercion is often involved, although 

it is impossible to gauge its extent. Newspapers occasionally 

report the arrest of men attempting to abduct young women or 

trick them into going to India. Economic incentives also 

entice many other women. In certain parts of Nepal, mothers 

raise their daughters with the expectation that they will spend 

several years in the brothels of India and then return with 

their earnings and settle in their native villages. In 

addition, the tradition of religious prostitution among the 

Badini and Devaki of western Nepal is an ongoing concern of the 

Government. The Government prosecutes instances of coercive 

trafficking brought to its attention, and the issue was 

seriously discussed in the Parliament, but few active measures 

have been taken to stop it. The reported spread of the 

acc[uired immunodeficiency syndrome in India's red-light 

districts has discouraged the Government from aggressively 

promoting the return and rehabilitation of Nepalese 

prostitutes. Government efforts thus far focus more on 

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preventing voluntary prostitution than on rehabilitation. The 

Women's Development Division of the Ministry of Labor and 

Social Welfare sponsors income-generating skill training 

programs in several districts known for producing prostitutes 

to be sent to India. In Nepal's new open political atmosphere, 

a growing number of women's advocacy groups are taking up 

women's issues. Nearly all political parties have their own 

women's groups to press for women's causes. Article 114 of the 

Constitution requires that at least five percent of the 

parliamentary candidates from any given party must be women. 

Section 6 Worker JJights 

a. The Right of Association 

Article 12 of the Constitution provides for the freedom to form 

and to join unions and associations. The Constitution permits 

restriction of unions only through legal measures in cases of 

subversion, sedition, or similar conditions. Since the 

political transformation begun in 1990, there has been an 

increase in trade union activity in every sector, with 

virtually all of the unions closely linked to one of the 

political parties. Due to their recent formation, trade unions 

are still developing effective structures for collective 

bargaining, organizing, and education. 

Under current law, strikes are permitted except in "essential 

services" such as water supply, electricity, and 

telecommunications. A number of strikes took place in 1991, 

but most received little publicity and were ultimately resolved 

through compromise between labor and management. 

In June the leftist-backed Nepal Civil Servants' Organization 

(NCSO) launched a protest movement demanding an increase in 

salary and other fringe benefits. The Nepali Congress-backed 

Nepal Civil Servants Association (NCSA), however, did not 

support the NCSO, and the protest became more of a political 

issue than a labor issue. When the Government refused to raise 

civil servants' salaries without the recommendation of a pay 

commission, the NCSO agitation spread to all 75 districts of 

the kingdom, supported by the Communist parties and other 

leftist unions. The NCSO held a series of job actions which 

were at times illegal, including "pen down" strikes, sit-ins 

while wearing black armbands, and burning of the Civil Service 

Code. The Government responded by firing about 400 workers and 

suspending as many as 1,000 others. In addition, over 500 NCSO 

members were arrested for their activities. After 2 months the 

NCSO ended its protest to resume negotiations with the 

Government. Following the end of the protest, those workers 

who had been arrested were released, those suspended returned 

to work, and some of those fired were reinstated. . 

There are no restrictions in current law on forming 

confederations or joining international labor bodies. The 

largest trade union federation is affiliated with the 

Communist-dominated World Federation of Trade Unions, and the 

application of the next largest trade union organization, the 

Nepali Trade Union Congress, to join the International 

Confederation of Free Trade Unions is pending. Some individual 

Nepali unions are affiliated with International Trade 

Secretariats . 

In June the ILO Committee on Freedom of Association (CFA) 

renewed its review of a 1985 complaint against the Government 

of Nepal presented by the World Confederation of Organizations 

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of the Teaching Profession on behalf of the Nepal National 

Teacher's Association (NNTA) . The CFA noted the important 

political changes which had taken place in 1990, but expressed 

deep regret that the Goverrmient had not replied to its urgent 

request for up-to-date information, including assurances that 

the NNTA is no longer deemed to be an "illegal association." 

Negotiations were under way between the Government and the NNTA 

by which the NNTA would withdraw its case before the ILO if the 

Government reinstated NNTA member teachers dismissed by the 

previous government. 

b. The Right to Organize and Bargain Collectively 

At present there is no legal provision in force for collective 

bargaining, although the draft Dispute Settlement Act addresses 

both discrimination and collective bargaining. In practice, 

collective bargaining has been the primary mechanism for 

setting wages since April 1990. There are no current legal 

provisions prohibiting discrimination by employers against 

union members or organizers. 

There are no special economic zones in Nepal. 

c. Prohibition of Forced or Compulsory Labor 

Article 20 of the 1990 Constitution prohibits traffic in human 

beings, slavery, serfdom, or forced labor in any form. The 

Department of Labor enforces laws against forced labor in the 

organized sector of the economy. However, bonded labor is an 

aspect of traditional society, and over 100,000 low caste 

ethnic Tharus are estimated to be under the "Kamaiya" system of 

bonded labor in the Terai region. (See also the discussion of 

trafficking in women in Section 5.) 

d. Minimum Age for Employment of Children 

The legally defined minimum age for employment of minors is 16 

in industry and 14 in agriculture. The Constitution stipulates 

that children shall not be employed in factories, mines, or 

similar hazardous work. There is no compulsory education 

legislation or specific child protection act in Nepal, but the 

Government has proposed a program that will phase in, over a 

5-year period, 5 years of compulsory education and 10 years of 

free education. 

The Department of Labor enforces the minimum age law only in 

the larger enterprises of the formal sector; however, child 

workers are found in all sectors of the rural and urban 

economies. In 1990 Child Workers in Nepal (CWIN), the only 

national social action group dedicated to child rights and 

welfare, estimated that 4.8 million Nepali children work at 

least part time. As with the population at large, the 

overwhelming majority of these children are engaged in family 

subsistence agriculture, but children can be found, usually 

doing menial jobs, in almost every occupation. Child 

employment is particularly common in the smaller enterprises in 

construction, carpet weaving, restaurants, garment 

manufacturing, and domestic work. 

e. Acceptable Conditions of Work 

The Government sets a minimum monthly wage in factories and in 

the organized labor sector. This wage, which has not been 

increased since July 1990, is sufficient only for the most 

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minimal standard of living. Rates in the unorganized service 

sector and in agriculture are often as much as 50 percent lower. 

The Factory Workers Act stipulates a 48-hour workweek, with 1 

day off per week, plus 30 holidays or leave days, 15 days of 

sick leave, overtime limited to 15 hours per week, health and 

safety standards, and other benefits such as the provision of a 

provident fund and maternity benefits. 

Implementation of the Act has improved as a result of the 

successful pressing of demands by active labor unions since 

1990. The Labor Department is charged with enforcing 

compliance and, although performance is uneven, it has 

intervened effectively in response to labor union demands in 

some of the larger enterprises. Enforcement is less likely to 

take place in smaller enterprises of 50 workers or fewer and is 

nonexistent in the informal sector. There are no accurate data 

on industrial accident rates. 

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[US Dept of State]