2011 US Department of State Annual Human Rights Report on Nepal

NEPAL

EXECUTIVE SUMMARY

Nepal is a federal democratic republic. The political system is based on the 

Interim Constitution of Nepal 2063 (2007), with a prime minister as the chief 

executive and a 601-member Constituent Assembly, which is responsible for

drafting a new constitution. The Constituent Assembly extended the deadline for 

the completion of a new constitution several times, most recently to May 27, 2012. 

Baburam Bhattarai of the Unified Communist Party of Nepal-Maoist was elected 

prime minister by parliament on August 28; he isthe fourth prime minister since 

the 2008 Constituent Assembly election. Domestic and international observers 

generally characterized the 2008 election results as credible, although there were 

reports of political violence, intimidation, and voting irregularities. Security forces 

reported to civilian authorities, but there were frequent instances in which elements 

of the security forces acted independently of civilian control.

The most significant human rights problems were abuses committed by the 

security forces (including members of the Nepal Army, Nepal Police, and Armed 

Police Force), which were responsible for extrajudicial killings, torture, and 

arbitrary arrest and detention; the government's failure to effectively enforce the 

law, which undermined the freedoms of speech and press; and continuing violence 

and lawbreaking by illegal armed groups.

Other human rights problems included extremely poor prison conditions, with 

conditions at detention centers even worse. Officials sometimes used antiterrorism 

legislation to justify excessive use of force. Corruption existed at all levels of 

government and the police, and the courts remained vulnerable to political 

pressure, bribery, and intimidation. The government sometimes restricted freedom 

of assembly. The government limited freedoms for refugees, particularly for the 

Tibetan community. Discrimination against women was a problem, and 

citizenship laws that discriminate based on gender contributed to statelessness.

Domestic violence against women remained a serious problem, and dowry-related 

deaths occurred. Violence against children was widespread, although rarely

prosecuted, and commercial sexual exploitation of children remained a serious 

problem. Discrimination against persons with disabilities, some ethnic groups, and 

persons with HIV/AIDS was a problem. Violence associated with caste-based 

discrimination occurred. There were some restrictions on worker rights, and 

forced and bonded labor and child laborremained significant problems.NEPAL 2

Impunity for human rights violators continued to be a serious problem. The 

government took limited steps to prosecute or punish officials who committed 

abuses, whether in the security forces or elsewhere in the government. 

Investigations into individual abuses and legal punishment for perpetrators 

sometimes occurred, but for many abuses, including serious abuses that occurred 

during the armed insurgency, a lack of accountability created an atmosphere of 

impunity. Authorities failed to implement court-ordered arrests of military 

personnel, Maoists, and other politically connected individuals accused or 

convicted of human rights violations.

Numerous armed groups, largely in the Tarai region, attacked civilians, 

government officials, members of particular ethnic groups, each other, and Maoist 

militias. Some members of the Maoist-affiliated Young Communist League 

(YCL) were responsible for extortion and intimidation, although the number of 

incidents declined during the year. Members of other small, ethnically based 

armed groups were responsible for killings, abductions, extortion, and intimidation. 

Armed groups were responsible for numerous disappearances (mainly in the Tarai 

region). Armed groups, criminals, and political parties used threats of violence to 

intimidate journalists throughout the country.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary or Unlawful Deprivation of Life

There were numerous reports that the government or its agents committed arbitrary 

or unlawful killings. The Informal Sector Service Center (INSEC), a local human 

rights organization, reported that police killed at least eight persons, and soldiers

killed one. On January 13, police arrested and beat Shambhu Paswan of Janakpur 

District to death at the Bhairahawa police station, on the border with India. While 

police officials claimed that Paswan died while undergoing treatment, the hospital 

to which he was sent declared Paswan dead upon arrival. Although the police 

administration promised to file a report criminal complaint against two officers 

involved in the beating, no action had been taken against them by year's end.

In March 2010 members of the Nepal Army (NA) killed two Dalit ("untouchable"

lower-caste) women, Devisara BK and Amrita BK, and a 12-year-old girl, 

Chandrakala BK, inside Bardiya National Park in Surkhet District. Although the 

NA alleged that the three were armed and involved in poaching and were killed 

during a firefight, a National Human Rights Commission (NHRC) investigation 

concluded that they were shot in the back from a distance. The NHRC NEPAL 3

recommended action against those involved in the incident, including 15 army 

personnel of the Jwala Dal Batallion led by Captain Subodh Kunwar. The NHRC 

also recommended compensation to the families of 300,000 rupees ($3,525) for 

each of those killed and free education for the children of the deceased women. 

Following an internal investigation in 2010, the army claimed that its personnel 

were performing their duty in good faith, and the military court took no action 

against those involved in the incident. The government provided 25,000 rupees 

($295) to the next of kin to perform last rites for the deceased.

On May 31, the district court of Chitwan sentenced Gobinda Bahadur Batala, or

"Jibit," to three years in jail for the 2008 murder of businessman Ram Hari 

Shrestha. Because Batala, a member of the Unified Communist Party of NepalMaoist, had been in judicial custody for three years, he was released without 

serving additional time. Batala was later taken into custody on the charge of 

kidnapping Shrestha. On June 21, the Supreme Court ordered police to release 

Batala,stating that he could not be tried separately on the charge of abduction

because he had already served three years in the Chitwan jail on the charge of 

being an accomplice in the murder. At year's end, police were still seeking 

another suspect in the Shrestha case, Kali Bahadur Kham, a senior Maoist leader.

No one had been held responsible in the 2004 killing of 15-year-old Maina 

Sunuwar, one of the high-profile cases identified by human rights groups. The 

Kavre District Court reported that the NA had partially cooperated with the court's 

order to hand over documentsrelated to the case, although the NA did not suspend 

or hand over one of the accused, Major Niranjan Basnet. An internal military 

investigation found Basnet innocent. According to statements given during the NA 

investigation, Basnet was present during Sunuwar's detention and interrogation, 

which included "water pouring" and "electric shock." On February 17, Devi 

Sunuwar, Maina's mother, sent an open letter addressed to the chief of army staff 

urging him to play a pioneering role in ending impunity by handing over those 

responsible for the killings, including Major Basnet. As of year's end, the chief of 

staff had taken no steps in response to the letter. The other three persons accused 

in the case, all retired from the army, remained at large.

There was continuing violence in the Tarai region. Some armed groups, many 

ethnically based, clashed with each other and with the local population. Police 

were unable to fully provide law and order, although the security situation in most 

parts of the Tarai improved during the year. Members of the Maoists, Maoistaffiliated groups, and other ethnically based splinter groups in the Tarai, committed 

acts of violence, extortion, and intimidation throughout the year.NEPAL 4

According to INSEC, as of midyear armed groups operating in the Tarai region 

killed 11 persons and unidentified groups killed 89 others. On February 24, 

members of an armed group shot and killed Madhav Thapa, a civil servant working 

at the Bara District Land Revenues Office, while he was watching television at 

home. The Akhil Tarai Mukti Morcha, led by Jai Krishna Goit, claimed 

responsibility for the killing, alleging that Thapa was a corrupt official. Persons

close to Thapa denied those allegations. As of year's end there were no further 

updates. INSEC reported two killings by the Maoist party and its YCL affiliate.

According to INSEC, a total of 89 persons were killed and 59 abducted by 

unidentified groups in 2011, compared with 117 persons killed and 83 abducted in 

2010.

b. Disappearance

There were no reports that government forces were responsible for disappearances 

during the year.

The fate of most of those who disappeared during the 10-year Maoist insurgency 

(1996-2006) remained unknown. On August 30, the NHRC released a public 

report that stated there were 789 unresolved cases of disappearances, 619 of which 

were believed to involve the state. As of year's end, the government had not 

prosecuted any government officials for involvement in disappearances, nor had it 

released any information about the whereabouts of the 619 persons the NHRC 

identified as having disappeared with state involvement. The August NHRC report 

stated that Maoists were believed to be involved in 170 unresolved disappearances 

during the conflict. As of year's end, the government had not prosecuted any 

Maoists for involvement in disappearances.

In 2010 the International Committee of the Red Cross (ICRC) published a list of 

1,369 names of missing persons on its Web site. At the end of this year, the list 

contained 1,383 names. In 2009 the ICRC and the Nepal Red Cross Society listed 

1,348 missing persons; in 2008, 1,227; and in 2007, 812.

The government did not respond to the 2008 Office of the UN High Commissioner 

for Human Rights (OHCHR)report on the Bardiya District, where at least 170 

persons disappeared between 2001 and 2004, nor did it respond to a 2006 OHCHR 

report on 49 persons who disappeared after being arrested and detained at the 

Maharajgunj barracks in Kathmandu in 2003 on suspicion of being linked to the 

Maoists. Human rights organizations repeatedly called on the government to NEPAL 5

investigate the human rights violations at the Maharajgunj barracks, including the 

responsibility of those within the chain of command. One of the senior military 

officers implicated in the incident, Major General Toran Bahadur Singh, retired 

from the army in June.

According to INSEC there were 144 abductions during the year. Most abductions 

were for ransom and occurred in the Tarai region, where armed groups operated 

with relative impunity.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 

Punishment

Although the Interim Constitution of 2007 requires that torture be criminalized, the 

law does not have clear guidelines for punishing offenders, and no one was

prosecuted for torture, including police who tortured and otherwise abused 

citizens. The Torture Compensation Act provides for compensation for victims of 

torture; the victim must file a complaint and pursue the case through the courts. 

Two cases were filed during the year in addition to 30 cases filed since 2009. Of 

these, the court withdrew three cases due to out-of-court settlements, dismissed six 

cases due to the victim's failure to appear before the court within the time 

permitted,found that there was not sufficient evidence to prove torture in two 

cases, and provided compensation in seven cases. The remaining cases were 

pending.

During the year Advocacy Forum (AF), a human rights nongovernmental 

organization (NGO),reported that, of the 4,187 detainees interviewed between 

January and December, 689 reported torture by state actors. The government 

generally failed to conduct thorough and independent investigations of reports of 

security force brutality and did not take significant disciplinary action against those 

involved. Some detainees were afraid to bring cases against the police due to fear 

of reprisal. The number of cases represented a slight increase compared with 2010.

Child Workers in Nepal Concerned Center, a leading local child rights NGO, 

recorded 69 cases of children under the age of 18, 66 of whom were boys, who 

were detained and suffered some kind of physical or mental abuse during 

interrogation. Children reported being hit by bamboo sticks, kicked or hit with 

fists, spit on, and having their hair pulled. Most of the children who were arrested 

involved cases of robbery. In 30 percent of cases, the age of the child detained was 

incorrectly recorded as 16 years and above, presumably to make them eligible for 

detention. Likewise, street children in Kathmandu were frequently arrested onNEPAL 6

suspicion of committing a crime when incidents were reported to police in areas 

where the children resided. They were frequently detained overnight, made to 

clean dirty toilets at the detention centers, and often mistreated by area residents

when accused of committing a crime.

According to reports, on July 21, Nijamiddin Sekh (alias Bablu) was arrested by 

police in Nepalgunj, Banke District, and taken to a police station for questioning. 

According to Sekh, he was blindfolded, handcuffed, and subsequently pushed from 

a high place, later awakening in a hospital bed with a broken backbone. A doctor's 

examination revealed additional signs of mistreatment, including blue and red 

marks on his feet, scratches, and bruises on his lower lip and body. As of year's 

end, police had not charged Sekh with a crime, and the police officers involved in 

the arrest and torture had not been charged.

AF attributed 42 cases of torture to nonstate actors during the period between 

January and June, including 25 cases to Maoists, one to the Maoist-affiliated YCL, 

and one to the All Nepal National Free Students Union. The government failed to 

conduct thorough investigations of reports of nonstate actor brutality.

Campaigners against land minesstated that improvised explosive devices (IEDs)

remained scattered and unmarked throughout the country. According to INSEC, 

land mines and IEDs laid by Maoists and the NA during the conflict caused 22 

incidents and resulted in the death of 10 persons and injury to 23 during the year.

UNICEF reported 16 casualties fromIED explosions as of June 14, when Nepal 

was formally declared a minefield-free country. The army placed 12,070 land

mines at 53 locations and planted 1,078 IEDs during the conflict.

The Maoists placed no land mines but used thousands of IEDs. The UN Mine 

Action Team reported that more than 52,000 Maoist IEDs were destroyed after 

Maoist combatants were cantoned in 2007.

Prison and Detention Center Conditions

Prison conditions were extremely poor and did not meet international standards, 

while conditions at detention centers were worse. The government generally 

allowed visits by independent human rights observers.

According to the Department of Prison Management, as of July 15, 12,364 

prisoners--10,699 men, 829 women, 79 dependent children of imprisoned parents, 

and 757 foreign nationals--remained in custody. Although there generally were NEPAL 7

separate facilities for men and women, in some overcrowded prisons, men and 

women were held in the same prison but in segregated cells. In October 2011 a 

reliable news report noted that the Kavre District jail held 131 inmates, while its

capacity was estimated at 65. According to AF,sanitation provisions were 

inadequate and medical care was poor for prisoners with serious conditions. 

Prisoners generally had access to well water or filtered water, although some had

access only to unfiltered and dirty water.

Due to a lack of adequate juvenile detention facilities, children occasionally were 

incarcerated with adults or were allowed to remain in jails with their incarcerated 

parents.

There is only one functional government-run juvenile reform home, Sano Thimi in 

Bhaktapur. According to the Department of Jail Management, pretrial juvenile 

detainees were sent there and were not kept with convicted prisoners. Adult 

pretrial detainees were kept with convicted prisoners due to inadequate pretrial 

detention space.

Prisoners and detainees had reasonable access to visitors and were permitted 

religious observance. There were also procedures for prisoners to submit 

complaints, although authorities were quicker to respond to allegations when 

NGOs or international organizations were aware of the complaints. There were no 

prison ombudsmen to handle prisoner complaints.

The government generally permitted the NHRC, ICRC, and OHCHR to make 

unannounced visits to prisons and detainees in army and police custody, although it 

wasreported that access by international observers to prison detainees was 

restricted in the first half of the year. Although the NHRC is authorized to request 

government action, the government often denied NHRC requests. There were no 

alternatives to sentencing for nonviolent offenders.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but security forces arbitrarily 

arrested persons during the year. Police routinely abused their 48-hour detention 

authority by holding persons unlawfully (i.e., without proper access to counsel, 

food, and medicine, or in adequate facilities), often at the behest of the chief 

district officer (CDO) or assistant CDO. It was not unusual for CDOs to direct 

police to arrest individuals for minor, petty infractions (e.g., unpaid taxes), and NEPAL 8

many of those orders (which were frequently verbal) were undocumented and 

appeared politically motivated.

Role of the Police and Security Apparatus

The Nepal Police (NP)is responsible for enforcing law and order across the 

country, and the Armed Police Force (APF) provides back-up support. Police did 

not respond to most incidents of violence, particularly events involving Maoists 

and armed groups in the Tarai region. There were multiple incidents in which 

police detained persons for illegal acts, but political leaders sometimes pressured 

the NP to release detainees.

The NP, APF, and NA have human rights cells, although they tend to limit their 

activities to training and capacity building rather than investigating cases. 

Corruption and impunity remained serious problems. The NP were generally 

unarmed and have the role of preventing and investigating nonterrorist criminal 

behavior.

At the district level, the NP often operated without significant guidance from 

superiors, allowing considerable discretion in the enforcement of laws. There 

continued to be many reports of police abuse and bribery. The NP, APF, and NA 

have mechanisms for investigating abuses by security forces; however, the 

investigations are internal and not fully transparent. The National Human Rights 

Commission and security forces'internal offices provided human rights training 

and training to reform the security forces.

Arrest Procedures and Treatment While in Detention

Arbitrary Arrest: The law stipulates that, except in cases involving suspected 

security and narcotics violations, authorities must obtain a warrant for arrest and 

arraign or release a suspect within 24 hours of arrest. There were instances in 

which detainees were kept in illegal detention for several days after their arrest.

If the court upholds a detention, the law authorizes police to hold the suspect for up 

to 25 days to complete an investigation, with a possible extension of seven days, 

although security personnel occasionally held prisoners for longer periods. In 

some cases the Supreme Court ordered the release of detainees held longer than 24 

hours without a court appearance. Some foreigners, including refugees, reported 

difficulty obtaining bail. The interim constitution provides for access to a state-NEPAL 9

appointed lawyer or one of the detainee's choice, even if charges have not been 

filed. Few detainees could afford their own lawyer.

Detainees have the legal right to receive visits by family members. In practice 

family access to prisoners varied from prison to prison. There is a system of bail, 

but bonds were too expensive for most citizens.

Pretrial Detention: Pretrial detention often exceeded the period to which persons 

subsequently were sentenced after a trial and conviction. Time served is credited 

to a prisoner's sentence.

Under the Public Security Act, security forces may detain persons who allegedly 

threaten domestic security and tranquility, amicable relations with other countries, 

or relations between citizens of different classes or religions. The government may 

detain persons in preventive detention for as long as 12 months without charging 

them with a crime, as long as the detention complies with the act'srequirements. 

The court does not have any substantive legal role in preventive detentions under 

the act.

Other laws, including the Public Offenses Act, permit detention without charge for 

as long as 25 days. This act covers crimes such as disturbing the peace, vandalism, 

rioting, and fighting. Human rights monitors expressed concern that the act vests 

too much discretionary power in the CDO. Police frequently arrested citizens 

under the act and detained them for short periods without charge.

According to AF, in some cases detainees were brought before judicial authorities 

well after the legally mandated 24-hour limit, allegedly to allow injuries from 

police mistreatment to heal.

NGOs expressed concern about police use of private houses to hold detainees after 

arrest.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, but courts remained vulnerable to 

political pressure, bribery, and intimidation. Authorities did not consistently 

respect court orders. The Supreme Court has the right to review the 

constitutionality of legislation passed by the Constituent Assembly. Appellate and 

district courts showed independence and impartiality in many cases, although they 

remained susceptible to political pressures.NEPAL 10

Trial Procedures

Although the law provides for the right to counsel, equal protection under the law, 

protection from double jeopardy, protection from retroactive application of the 

law, and public trials, these rights were not applied equally except in a few security 

and customs cases. Defendants enjoy the presumption of innocence except in 

some cases, such as human trafficking and drug trafficking, where the burden of 

proof is on the defendant. Judges decide cases; there is no jury system. The law 

provides detainees the right to legal representation and a court-appointed lawyer, a 

government lawyer, or access to private attorneys. However, the government 

provided legal counsel only upon request. Persons who are unaware of their rights 

may be deprived of legal representation. Defense lawyers may cross-examine 

accusers. By law defense lawyers are entitled to have access to government-held 

evidence, but it was very difficult to obtain. All lower court decisions, including 

acquittals, are subject to appeal. The Supreme Court is the court of last resort.

Military courts adjudicate cases concerning military personnel under the military 

code, which provides military personnel the same basic rights as civilians. 

Military personnel are immune from prosecution in civilian courts, except in cases 

of homicide or rape involving a civilian. The NA asserted that military personnel 

are immune from prosecution in civilian courts for conflict-era violations, an 

interpretation of law not shared by the human rights community and inconsistent 

with Supreme Court decisions. Military courts cannot try civilians for crimes, 

even if the crimes involve the military services; civilian courts handle these cases.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Civil Judicial Procedures and Remedies

Individuals or organizations could seek remedies for human rights violations in 

national courts. There is no regional court mechanism for human rights in South 

Asia. However, individuals can seek justice from international organizationssuch 

as the UN Human Rights Council (UNHRC) if all domestic legal options are 

exhausted. One such example wasthe case of torture survivor Yubraj Giri of 

Banke district. With legal assistance from AF, Giri submitted his case to the 

UNHRC in 2008. In a decision adopted on April 12, the UNHRC held the 

government responsible for breaching treaty obligations under the International NEPAL 11

Covenant for Civil and Political Rights. The council requested the government to 

ensure thorough and diligent investigation into the torture and mistreatment 

suffered by Giri, punish those responsible, and provide the victim and his family 

with adequate compensation.

Property Restitution

The Maoists and their affiliate organizations returned some previously seized 

property as the Comprehensive Peace Agreement requires but kept other illegally 

seized lands and properties. Organizations closely affiliated with Maoists also 

seized additional properties.

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

The law allows police to conduct searches and seizures without a warrant if there is 

probable cause that a crime has been committed, in which case a search may be 

conducted as long as two or more persons of "good character" are present. If a

police officer has reasonable cause to believe that a suspect may possess material 

evidence, the officer must submit a written request to another office to conduct a 

search, and there must be another official present who is at least at the rank of 

assistant subinspector.

Security personnel frequently conducted vehicle and body searches at roadblocks 

in many areas.

The law prohibits arbitrary interference with privacy, family, home, and 

correspondence, and the government generally respected these prohibitions in 

practice.

There were no reports of the government forcing civilians to resettle. Some 

persons who had resettled to escape Maoist extortion, recruitment, or retaliation 

could not return home.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Status of Freedom of Speech and PressNEPAL 12

The law provides for freedom of speech and press, and the government generally 

respected these rights in practice. However, in some cases the government failed

to effectively enforce the law.

Freedom of Speech: Generally citizens felt they could voice their opinions freely. 

However, the government limited freedom of expression for the Tibetan 

community. For example, 30 Regional Tibetan Youth Club members gathered at a 

community hall in the Boudhanath neighborhood of Kathmandu for a 24-hour 

hunger strike on April 18-19 to protest against the Kirti monastery crackdown in 

eastern Tibet. Police ordered individuals, including women, wearing "free Tibet"

T-shirts to remove them(including taking off one in public) and put on shirts 

without political slogans, but they were permitted to continue the protest and 

hunger strike.

Freedom of Press: The independent media were active and expressed a wide 

variety of views without restriction. However, impunity for past attacks on

members of the press may lead to self-censorship, according to the Federation for 

Nepali Journalists (FNJ), an organization that promotes journalists' rights. Radio 

remained the primary source of information for 90 percent of the population.

Violence and Harassment: There were several instances of police interfering with 

the press covering political stories. For example, on June 19, the Home Ministry 

instructed security personnel to prevent journalists from entering Singha Durbar, 

the central administrative office of the government in Kathmandu, during a 

politically sensitive meeting. After intense pressure from the media, journalists 

were allowed to enter Singha Durbar late the following day.

On June 5, Nagarik reporter Khilanath Dhakal was attacked in Biratnagar after 

writing a story about Youth Action Nepal (YAN), the youth wing of the 

Communist Party of Nepal-Unified Marxist Leninist political party. YAN leaders 

allegedly masterminded the attack, which left Dhakal seriously injured. YAN 

central leader Mahesh Basnet openly challenged the police to arrest YAN regional 

leader Parshu Ram Basnet, who was widely assumed to have ordered the attack; 

Mahesh Basnet also threatened to shut down Nagarik and throw its editorin chief 

in jail for writing negative stories about YAN. The incident and Mahesh Basnet's 

subsequent statements received extensive media coverage. At year's end Parshu 

Ram Basnet was charged but had not been arrested and remained at large.

Criminal gangs and armed groups affiliated with political parties deliberately 

targeted journalists throughout the country. According to the FNJ, there were 24 NEPAL 13

threats and 23 attacks targeting journalists, resulting in one death during the year. 

Reporters in remote areas outside Kathmandu, in particular, were susceptible to 

threats and violence in response to stories they wrote. Rarely were the persons 

accused in these cases brought to trial. According to the FNJ, the government did 

not take sufficient measures to preserve the safety and independence of the media, 

and individuals who attacked or killed journalists were rarely prosecuted.

Censorship or Content Restrictions: The interim constitution protects media 

licenses from revocation based on the content of what is printed or broadcast. 

Although government-owned stations have legal cover to operate independently 

from direct government control, indirect political influence sometimes led to selfcensorship. In July Nepal TV deleted a question about the Maoists from an 

interview with a foreign diplomat conducted by an independent production 

company. According to Nepal TV, an employee felt the question would be 

insulting to the Maoist leadership. After questions were raised about the incident, 

the interview was rebroadcast in its entirety.

The Maoists also influenced media outlets through their powerful trade unions. In 

the Tarai and the eastern hills, armed groups coerced journalists, resulting in selfcensorship and fear for personal safety. Armed groups and political parties burned 

copies of newspapers they found objectionable.

Internet Freedom

There were no reports that the government monitored e-mail or Internet chat 

rooms, and individuals and groups could engage in the expression of views via the 

Internet, including by e-mail. In contrast with 2010, there were no reports of 

government restrictions on access to the Internet. The Home Ministry's efforts in 

2010 to block Internet sites considered obscene were met with mixed reactions 

from the public and raised concerns about freedom of expression among some 

members of the press and free speech advocates, assome nonobscene content was 

reportedly blocked as well. However, the government reversed its decision and did 

not impose similar restrictions on Internetfreedom in 2011.

Academic Freedom and Cultural Events

There were some government restrictions on cultural events. The assembly of 

Tibetans often led to strict restrictions that limited cultural freedoms, including a 

Himalayan opera show in October.NEPAL 14

The media continued to report instances of abduction, extortion, and intimidation 

of school officials by armed groups, and the government did not take adequate 

measures to stop this practice.

b. Freedom of Peaceful Assembly and Association

The law provides for freedom of assembly and association; however, the 

government sometimes restricted freedom of assembly.

Freedom of Assembly

The law provides for freedom of assembly, and it was generally respected for 

citizens and legal residents of the country, despite some restrictions. The law 

authorizes CDOs to impose curfews if there is a possibility that demonstrations or 

riots may disturb the peace.

The government limited freedom of assembly for the Tibetan community. For 

example, on March 10, police arrested four individuals who were observing 

Tibetan Uprising Day at Sampeheling Monastery in Boudhanath. Later that day 

seven Tibetans demonstrating outside the Chinese embassy in Kathmandu were 

arrested and detained for more than a week. Police beat several of them while in 

custody, according to the Human Rights Organization of Nepal.

Security personnel attempted to prevent Buddhists, including Tibetans, from 

attending the Dalai Lama's birthday celebration on July 6. For Tibetan Democracy 

Day on September 2, authorities denied permission to hold a religious event at a 

monastery in Boudhanath. However, a religious celebration to observe Nobel 

Peace Prize day on December 10 took place peacefully in Boudhanath and 

Jawalakhel settlements, with a minimal presence of Nepali authorities and no 

arrests.

Freedom of Association

The law provides for freedom of association, and the government generally 

respected this right in practice.

c. Freedom of Religion

See the Department of State'sInternational Religious Freedom Report at 

www.state.gov/j/drl/irf/rpt.NEPAL 15

d. Freedom of Movement, Internally Displaced Persons, Protection of 

Refugees, and Stateless Persons

The law provides for freedom of movement within the country, foreign travel, 

emigration, and repatriation, except for most refugees, whose freedom of 

movement within the country is legally limited. Constraints on refugee 

movements were enforced unevenly and more often against the Tibetan than the 

Bhutanese refugee population. The government did not always cooperate with the 

Office of the UN High Commissioner for Refugees (UNHCR) and other 

humanitarian organizations in providing protection and assistance to internally 

displaced persons, refugees, returning refugees, asylum seekers,stateless persons, 

and other persons of concern. The established procedures for handling newly 

arrived Tibetans entering the country without documents were generally 

implemented through coordination between police, immigration officials, the 

UNHCR, and the Tibetan Reception Center, in a timely, standardized fashion 

overall. However, concerns regarding the implementation of these procedures 

arose after a group of 23 new Tibetan arrivals was detained in September following 

intervention by Chinese authorities, who requested their return. After a delay, the 

23 were released to the UNHCR and were in India at year's end.

Numerous political groups restricted freedom of movement, including forcing 

transportation strikes, known locally as "bandhs," to bring attention to political 

issues. Ethnic groups in the Tarai region called most bandhs.

Internally Displaced Persons (IDPs)

Although the government and Maoists agreed to support the voluntary return in 

safety and dignity of IDPs to their homes following the 10-year civil war, in 

practice the agreement was not implemented. Several UN agencies, including the 

UNHCR, OHCHR, and UN Development Program, continued working with the 

government to develop an IDP policy consistent with international principles. 

Civil society and international organizations estimated that there were as many as 

70,000 IDPs. The Ministry of Peace and Reconstruction estimated that 78,689 

persons were displaced from 1996 to 2006. 

The government allowed several international organizations, such as the 

Norwegian Refugee Council, ICRC, Caritas, International Relief and 

Development, and Action Aid Nepal to initiate programs to assist IDPs. Middleand lower-caste IDPs faced severe problems obtaining adequate shelter and food. NEPAL 16

According to UN agencies and international NGOs, the main obstacles preventing 

most IDPs from returning to their homes continued to be fear of Maoist reprisal, 

local Maoist commanders' noncompliance, and conflict with those occupying the 

houses and lands of the IDPs. According to the Nepal IDP Working Group, most 

IDPs were unwilling to return home, not only due to security but also economic 

concerns, primarily involving property, housing, and employment opportunities.

Children of persons who were killed or displaced during the conflict were often 

unable to access government benefits because they were not able to register with 

local authorities due to fear of retribution by Maoists or inability to confirm the 

death of a family member who disappeared during the conflict. According to 

Caritas, the government made little effort to aid or monitor the movement of IDPs.

Protection of Refugees

Access to Asylum: The laws do not provide for the granting of asylum or refugee 

status, and the government has not established a system for providing protection to 

refugees. While the government has in place ad hoc administrative directives that 

provide some protection for Bhutanese and Tibetan refugees, implementation of 

the directives wassometimes unpredictable.

The government officially restricted freedom of movement and work for the 

approximately 55,000 Bhutanese refugees residing in refugee camps in the eastern

part of the country, but those restrictions were largely unenforced for this 

population. In 2007 the government agreed to permit third-country resettlement 

for Bhutanese refugees. Since resettlement began, roughly 58,500 Bhutanese 

refugees have been resettled to third countries, of which 49,100 were resettled in 

the United States.

Tibetans who arrived in the country after 1989 are not recognized as refugees. 

Consequently, most Tibetans who arrived since then transited to India, although an 

estimated 15,000-20,000 Tibetans remained in Nepal. After China heightened 

security along its border and increased restrictions on internal freedom of 

movement in 2008, the number of Tibetans who transited the country dropped 

significantly. UNHCR-facilitated exit permits for recent arrivalsfrom Tibet 

transiting Nepal to India have become more regularized, with only minor 

administrative delays.

There continued to be reports of harassment by Chinese officials within Nepal's 

borders.NEPAL 17

There were instances in which local police assisted and protected Tibetans found in

the border region.

Refugee Abuse: There were numerous reports that police and other local officials 

harassed Tibetans engaged in daily activities. Police reportedly conducted random 

checks of identity documents of Tibetans, including monks. These identity checks 

sometimesincluded threats of deportation or detention, followed by requests for 

bribes.

On June 22, authorities arrested 12 Tibetans taking part in a candlelight vigil in 

support of a monk who committed suicide to protest Chinese oppression of 

Tibetans'freedom in China. Security forces detained and questioned leaders of the 

Tibetan community, forcing other leaders into temporary hiding. In addition, more 

than 50 Tibetans were detained on November 1 during a three-day event organized 

by the Regional Tibetan Youth Club to show solidarity with monks who had 

committed self-immolation in China. The following day an additional 18 Tibetans 

were detained following an attempted self-immolation during the protest. All 

detainees were released later the same day.

Access to Basic Services: Many of the Tibetans who lived in the country did not 

have legal resident status. Many who arrived after 1990 and their Nepal-born 

children were without legal status and had no documentation. Even those with 

acknowledged refugee status had no legal rights beyond the ability to remain in the 

country, and the Nepal-born children of Tibetans with legal status often lacked 

documentation. Tibetan refugees had no entitlement to higher education, business 

ownership or licenses, bank accounts, or to conduct legal transactions, including 

documentation of births, marriages, and deaths, although bribery often made these 

possible. While Nepal-based Tibetans with registration cards were eligible to 

apply for travel documents to leave the country, the legal process was arduous,

expensive, opaque, and poorly publicized.

In March police and government officials denied permission for Tibetans in Nepal 

to participate in the prime ministerial elections of the Central Tibetan 

Administration. While police halted voting in Kathmandu, settlements in Pokhara 

recorded approximately 700 votes.

The country hosted approximately 300 refugees from other countries, including 

Somalia, Burma, and Pakistan. The government continued to deny these groups 

recognition as refugees and required prohibitive fines ($5 for each day out of NEPAL 18

status) for permission to exit the country. However, the government waived fines 

in a few instances with compelling humanitarian concerns. The government 

allowed the UNHCR to provide some education, health, and livelihood services to 

refugees, but they lacked legal access to education and the right to work.

Stateless Persons

In 1995 the government-established Dhanapati Commission estimated that 3.4 

million individuals in the country lacked citizenship documentation. Although the 

government acknowledged that these individuals were Nepalis, they did not hold 

the citizenship certificate (issued to citizens at the age of 16 if born to a Nepali 

parent) needed to obtain many rights of citizenship (see section 6, Women and 

Children). Although the 2006 Citizenship Act allowed more than 2.6 million 

persons to receive certificates, a UNHCR-led survey in November estimated that 

approximately three to five million persons still had not received citizenship 

documentation due to isolation, poverty, and discriminatory practices at the local 

level.

Citizenship laws that discriminate based on gender contributed to statelessness.

Citizenship is transmitted to children if either the mother or father is a citizen. In 

practice local officials generally refused to issue citizenship documents to children 

on the basis of their mother's citizenship certificate alone. On February 27, the 

Supreme Court confirmed that citizenship can be passed by the mother, even if the 

father is unknown or not available due to separation from the family. Afterthat 

time, a number of citizenship certificates were issued, but some local officials did

not follow the court ruling. The issue of citizenship rights was under review in the 

Constituent Assembly.

Stateless persons did not experience violence; however, they experienced

discrimination in employment, education, housing, health services, marriage, birth 

registration, access to courts and judicial procedures, and land or property 

ownership.

Section 3. Respect for Political Rights: The Right of Citizens to Change Their 

Government

The law provides citizens the right to change their government peacefully, and 

citizens generally exercised this right in practice.

Elections and Political ParticipationNEPAL 19

Recent Elections: In 2008 citizens elected members to the Constituent Assembly, 

which wasto serve as both a legislature and a constitution-drafting body. 

Domestic and international observers found the election results credible, although 

there were reports of political violence, intimidation, and voting irregularities.

Participation of Women and Minorities: There are no specific laws that restrict 

women, indigenous people, or minorities from voting or participating in 

government or in political parties, but tradition limited the roles of women and 

some castes and ethnicities in the political process. Members of certain castes 

traditionally held more power than others. There were 194 women in the 594-seat

Constituent Assembly. In the 44-member cabinet, seven members were from 

ethnic minority communities, five were women, and four were Dalits. Most of the 

larger political parties had associated youth wings, trade unions, and social 

organizations.

Section 4. Official Corruption and Government Transparency

The law provides criminal penalties for official corruption. However, the 

government did not implement the law effectively, and officials frequently 

engaged in corrupt practices with impunity. The Commission for the Investigation 

of the Abuse of Authority (CIAA), mandated to investigate official acts of 

corruption, claimed an 80 percent successrate concerning corruption cases it filed, 

but some cases involving politicians were not filed or were defeated in court. Most 

civil society organizations believed the CIAA was not an effective commission. 

Public officials are subject to financial disclosure laws. However, according to the 

National Vigilance Center, 77 Constituent Assembly members and an estimated 

35,000 civil servants had not submitted their annual financial statements as 

required by law. Those who do not may face a fine of up to 5,000 rupees ($60).

There were numerous reports of corrupt actions by ministers and Constituent 

Assembly members. On March 16, the Supreme Court convicted former minister 

and Nepali Congress leader Chiranjibi Wagle of corruption and sentenced him to 

18 months'imprisonment and a fine of 20.3 million rupees ($238,400). The 

Supreme Court concluded that Wagle amassed property through abuse of power 

when he was in public office and transferred the properties to the names of family 

members, including his son Devendra. This was the first time since 1990 that the 

Supreme Court convicted a senior politician on corruption charges.NEPAL 20

On April 25, authorities arrested Constituent Assembly members Gayatri Sah of 

the Nepali Janata Dahal party and B.P. Yadav of the Madhesi Janadhikar Forum 

over allegations of misuse of diplomatic passports. Crime Investigation Branch 

investigations revealed that the lawmakers acted with passport racketeers, who 

obtained diplomatic passports, citizenship certificates, and identity cards to alter 

and use them to send prospective clients to Australia. On May 18, Sah and Yadav 

were detained at the central jail. They were each released on bail of 1.5 million 

rupees($17,620), and the case was still pending at year's end. Both were 

suspended from the Constituent Assembly.

Maoists and Maoist-affiliated organizations continued to commit abuses during the 

year, but less than in previous years. Maoists regularly extorted money from 

businesses, workers, private citizens, and NGOs.

On April 10, a Maoist trade union faction led by Salik Ram Jammakattel sent 

letters to entrepreneurs seeking "physical, moral, and financial" assistance for an 

International Worker's Day celebration. The union sent letters to more than 3,000 

businesses across the nation, demanding 100,000 rupees ($1,175) from each. The 

newly-formed Maoist Peoples' Volunteers Bureau also attempted to extort 

businessmen, government offices, and contractors, which they labeled "political 

donations."

Corruption and impunity remained problems within the NP. According to 

international observers, there was a severe shortage of senior-level NP officers. At 

the district level, this shortage resulted in untrained constables making policies and 

decisions outside of their authority and without supervision, creating opportunities

for bribery, corruption, misinterpretation, and abuse of authority.

On June 7, the CIAA charged 36 incumbent and retired police officials and two 

suppliers with embezzling 288 million rupees ($3.4 million) while purchasing 

armored personnel carriers for the NP peacekeeping mission deployed in Darfur. 

Ramesh Chand Thakuri, former head of the NP, and 24 other police officials were 

automatically suspended upon the filing of the case on June 7.

In 2007 the interim parliament passed the Right to Information Law, which 

mandatesthat public organizations provide citizens with information as quickly as 

possible and respond within 15 days. In practice the government generally met 

this requirement. If authorities deny individuals access to information, officials 

must provide a valid explanation. The law provides that information may be 

withheld on five grounds: to facilitate the investigation and filing of criminal NEPAL 21

charges, to protect the economic and commercial interests of the country, to 

preserve banking and commercial secrecy, to prevent disruption of communal 

harmony, or to prevent disruption of personal life or security.

Section 5. Governmental Attitude Regarding International and 

Nongovernmental Investigation of Alleged Violations of Human Rights

A number of domestic and international human rights groups generally operated 

without government restriction, investigating and publishing their findings on 

human rights cases. Government officials were somewhat cooperative and 

responsive to their views.

Many independent domestic human rights NGOs operated in the country. The 

government met with and was generally responsive to human rights NGOs, as 

demonstrated by the government's cooperation with human rights organizations 

during Nepal's first Universal Periodic Review before the UNHRC. The Nepal 

Law Society also monitored human rights abuses, and a number of other NGOs 

focused on specific areas, such as torture, child labor, women's rights, and ethnic 

minorities.

The Maoist party had publicly castigated some lawyers and human rights defenders 

for their possible role in the June 2010 denial of a visa for a foreign training 

program for Agni Sapkota, a Maoist leader alleged to be responsible for human 

rights abuses during the insurgency. Members of the Maoist party threatened

specific human rights activists. On May 7, Sapkota was appointed minister for 

information and communications, which led human rights defenders and civil 

society groups to file a public interest case with the Supreme Court demanding his 

removal because he was under investigation for his conduct during the insurgency. 

Maoist-affiliated groups accused human rights organizations of a politically 

motivated attack on Sapkota. While the Supreme Court considered the public 

interest case, on July 25, the government withdrew the nominations of several 

Maoist ministers, among themSapkota's,for unrelated reasons.

UN and Other International Bodies: As set out in the 2006 Comprehensive Peace 

Agreement, the OHCHR continued its work with the government to formulate and 

implement policies and programs for the promotion and protection of human 

rights. The government requested an extension of the OHCHR's mandate through 

December. The government required the OHCHR to close all its regional offices 

in 2010, and the regular mandate renewal negotiations made it difficult for the

OHCHR to operate. The government did not approve OHCHR's request for a NEPAL 22

mandate extension, which expired on December 8 and would require OHCHR to 

close its operations in the country by mid-2012.

Government Human Rights Bodies: The NHRC investigates past and current 

allegations of abuses. Resource constraints and insufficient manpower restricted 

the number of investigations. The NHRC stated that the government had helped 

promote impunity by not fully implementing its recommendations. Of 450 

recommendations the NHRC made during the previous 11 years, the government 

implemented 126 fully and 246 partially, according to NHRC.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

The law prohibits discrimination based on race, caste, gender, disability, language, 

or social status. However, the government did not effectively enforce these 

prohibitions. The Caste Discrimination and Untouchability Act, passed in May,

criminalizes discrimination based on caste. As of year's end, its effectiveness was 

unclear. A rigid caste system continued to operate throughout the country in many 

areas of religious, professional, and daily life. Societal discrimination against 

lower castes, women, and persons with disabilities remained common, especially 

in rural areas.

Women

Rape and Domestic Violence: Violence against women remained a problem. 

Under the civil code, sentencesfor rape vary between five and 12 years, depending 

on the female victim's age. The law also mandatesfive years' additional 

imprisonment in the case of gang rape or rape of pregnant women or women with 

disabilities. The victim's compensation depends on the degree of mental and 

physical torture. Under the law the definition of rape includes marital rape, and the 

husband can be jailed for three to six months. Most incidents of rape went 

unreported, although in those rape cases that were reported, police and the courts 

were responsive. During fiscal year 2010-11, 481 cases of rape and 151 cases of 

attempted rape were filed with police, compared with 376 cases of rape and 101 

cases of attempted rape in the previous fiscal year, according to the Women's 

Police Cell, a special unit of the NP that investigates crimes against women.

Domestic violence against women remained a serious problem. While few cases 

were reported, there was much anecdotal evidence that physical and verbal abuse 

was common. Violence against women was one of the major factors responsible 

for the poor health of women, livelihood insecurity, and inadequate social NEPAL 23

mobilization. According to Amnesty International, in the first half of the year, 

more than 300 domestic violence cases were reported to police in the Kathmandu 

valley alone; many more went unreported. The domestic violence law imposes a 

fine of 3,000 to 25,000 rupees ($35 to $295), six months'imprisonment, or both, 

on violators. Repeat offenders receive double punishment. Any person holding a 

position of public responsibility is subject to 10 percent greater punishment than is 

a person who does not hold such a position. Anyone who does not follow a court 

order is subject to a fine of 2,000 to 15,000 rupees ($23 to $175), four months'

imprisonment, or both.

Although the government passed the Domestic Violence (Crime and Punishment) 

Act in 2009, many security officials and citizens were unaware of the law. The 

government's effort to establish the needed structures to successfully implement 

the act were uncoordinated and incomplete. The majority of domestic violence 

cases were settled through mediation rather than legal prosecution.

Educational programs offered by NGOs for police, politicians, and the general 

public aimed to promote greater awareness of domestic violence. Police claimed 

to have women's cells in each of the country's 75 districts, but they had minimal 

resources and untrained personnel to deal with victims of domestic violence and 

trafficking. Police directives instruct officers to treat domestic violence as a 

criminal offense, but the directives were difficult to enforce because of entrenched 

discriminatory attitudes.

Although the law prohibits polygamy, it persisted. Polygamists are subject to a 

two-month prison term and a fine, but the second marriage is not invalidated. 

Violence surrounding polygamy remained a problem.

Harmful Traditional Practices: The dowry tradition was strong in the Tarai 

districts bordering India, and there were sporadic incidents of bride killing over 

dowry disputes. More often husbands or in-laws seeking additional dowry 

physically abused wives or forced women to leave so the men could remarry.

For example, on March 26, Bibha Devi Mandal's husband, mother-in-law, and 

brothers-in-law, beat her to death for not bringing enough dowry. At year's end 

police were investigating her death following her parents' complaint.

Traditional beliefs about witchcraft negatively affected elderly rural women and 

widows with low economic status, especially those who belonged to the lower 

caste of Dalits. Shamans or other local authority figures publicly beat andNEPAL 24

otherwise physically abused alleged witches as part of exorcism ceremonies. The 

media and NGOs reported numerous cases of such violence during the year. There 

was no government mechanism to prevent such abuses or to provide compensation 

to those abused, but civil society organizations raised public awareness of the 

problem. Women accused of witchcraft were severely traumatized and suffered 

physical and mental abuse, including such acts being fed human excreta, being hit 

with hot spoons in different parts of the body, being forced to touch red-hot irons

or breathe in chili smoke, or being perforated in their private organs.

During the year there were reports of cases of women being beaten after having 

been accused of witchcraft. For example, 41-year-old Gauri Devi Saha of Bara 

was severely beaten and forced to eat human waste by her neighbors, who accused 

her of having practiced witchcraft on May 5.

On November 23, Samkhu Devi Urawa of Bhokhra-3, Sunsari was attacked by her 

brother-in-law, Dukhan Lal Urawa, who accused her of witchcraft and being 

responsible for the death of his mother, Laliya Devi Urawa, and brother Dhurpa 

Urawa, who died two years earlier. The perpetrator was taken into custody, and a 

legal case continued at year's end.

Sexual Harassment: The law contains a provision against sexual harassment, with 

a maximum penalty of a one-year prison sentence and fine of 10,000 rupees 

($117). Government enforcement was weak. Sexual harassment was a problem, 

but lack of awareness as to what constitutes sexual harassment led victims not to 

report most incidents.

Sex Tourism: Thousands of women were forced into commercial sexual 

exploitation in other countries and increasingly within the country, according to 

organizations that provided services to sex workers and victims of human 

trafficking. According to the National Human Rights Commission Office of the 

Special Rapporteur on Trafficking, approximately one-fourth to one-third of all sex 

entertainment workers were children under the age of 18. The Human Trafficking 

and Transportation (Control) Act, 2007 and the Domestic Violence (Crime and 

Punishment) Act 2009 provide for criminal penalties for exploitation, including 

human trafficking. 

Reproductive Rights: Couples and individuals generally may decide freely the 

number, spacing, and timing of their children and were not subject to 

discrimination, coercion, or violence regarding these choices. Contraception was 

available to both men and women. According to the 2011 Nepal Demographic NEPAL 25

Health Survey, 43.2 percent of married women used a modern contraceptive 

method while 56.8 percent of married women had an unmet need for family 

planning. Forty-eight percent of mothers received prenatal care from a doctor, 

nurse, or midwife. The country made progress in reducing its maternal mortality 

rate from 850 per 100,000 live births in 1990 to an estimated 229 per 100,000 live 

births in 2010. Despite these improvements, the rate of deliveries attended by 

skilled birth attendants was relatively low (36 percent) according to the health 

survey. According to the survey, women did not have access to life-saving 

interventions during pregnancy, delivery, and the postnatal period and were dying 

as a result, especially in remote areas. Men and women generally were diagnosed 

and treated equally for sexually transmitted infections.

Discrimination: Although the law provides protections for women, including equal 

pay for equal work, the government did not implement those provisions, including

in many state industries.

Women faced systemic discrimination, particularly in rural areas, where religious 

and cultural traditions, lack of education, and ignorance of the law remained severe 

impediments to the exercise of basic rights, such as the right to vote or to hold 

property in one's own name.

Citizenship is automatically conferred through either Nepali parent (see section 6, 

children). In practice, however, government officials often refused to grant 

citizenship documents based on the mother's citizenship if a father's identity was 

unknown or if he was a foreign national.

Despite the 2006 Gender Equality Act, discriminatory provisions remain in the 

law. According to INSEC, 62 laws have provisions that discriminate against 

women. For example, the law on property rights favors men in land tenancy and 

the division of family property. The law encourages bigamy by allowing men to 

remarry without divorcing if the first wife becomes incapacitated or infertile.

The Foreign Employment Act no longer requires a woman to get permission from 

the government and her guardian before seeking work through a foreign 

employment agency.

According to the UN Committee on the Elimination of All Forms of 

Discrimination against Women, there were limitations to women's access to fixed 

property and credit.NEPAL 26

Children

Birth Registration: According to the 2006 Nepal Citizenship Act, citizenship is 

derived from one of the parents with Nepali nationality. Despite the Supreme 

Court's 2009 decision that the right to choose whether to seek citizenship through 

one's father or mother rests with the applicant, many were denied citizenship due 

to lack of access to local authorities or lack of awareness of the law by applicants 

or government officials. This led to problems attaining citizenship and difficulty in 

school admissions. Children living without parents, such as street children whose 

parents' whereabouts were not known, faced many hurdles, although children in 

institutional care can obtain citizenship through the guardianship of their respective 

institutions. Children found within the borders of the country without parental 

identity were considered citizens on the basis of lineage until the parents of the 

child were identified (see section 2.d., Stateless Persons.).

Education: Although the law provides for the welfare and education of children, 

its implementation was uneven. Education is not compulsory. Government policy 

provided free primary education for all children between the ages of six and 12, 

although moststudents have some costs for examinations and must buy uniforms. 

The government reported that 91.9 percent of school-age children were attending 

public schools but that girls were the majority of those deprived of basic education.

Medical Care: The government provided basic health care free to children and 

adults, although prevalent parental discrimination against girls often resulted in 

impoverished parents giving priority to their boys when seeking medical services.

Child Abuse: Violence against children was widespread, although rarely 

prosecuted. The government established some mechanisms to respond to child 

abuse and violence against children, such as the Central Child Welfare Board, 

which has chapters in all 75 districts.

The law forbids discrimination based on gender. However, in practice there was 

considerable discrimination against girls.

Child Marriage: The law prohibits marriage for girls before the age of 18; 

however, families in many areassometimes forced their young children to marry. 

UNICEF reported that 51 percent of Nepalese married as children. The country's 

2011 Demographic and Health Survey found that, among Nepalese women age 25

to 49, 55 percent were married by the time they reached 18, and 74 percent were 

married by age 20. In some areas in the East, many young girls were married off NEPAL 27

to escape large dowry payments, which increase with the age of the girl. Social, 

economic, and religious values promoted the practice of child marriages. The law 

sets penaltiesfor violations according to the age of the girls involved in child 

marriage. The penalty includes both a prison sentence and a fine, with the fees 

collected in the case of underage marriage to be turned over to the girl involved. 

According to the civil code, the government must take action whenever a case of 

child marriage is filed with authorities. There were no government programs to 

prevent child marriage.

Sexual Exploitation of Children: Commercial sexual exploitation of children 

remained a serious problem. There were reports of boys and girls living on the 

streets who survived through prostitution and of underage girls employed in dance 

bars, massage parlors, and cabin restaurants. The minimum age for consensual sex 

is 16, and the penalties for rape vary according to age of the victim and the 

relationship. Conviction for rape can result in six to 10 years'imprisonment if the 

victim is under 14 years of age, or three to five years'imprisonment if she is 14 or 

older. Conviction for attempted rape may be punished with half of the penalty 

provided for rape.

Child pornography is against the law. However, ambiguous interpretation of the 

law made it difficult to prosecute pornographers. Children's rights advocates 

considered the penalty for such offenses--a fine of up to 10,000 rupees ($117), 

imprisonment for up to one year, or both--inadequate as a deterrent.

Displaced Children: Internal displacement due to the decade-long Maoist conflict 

continued; estimates of the number displaced ranged widely. As IDPs, children 

experienced poor social reintegration, inadequate food, shelter, health care, and 

limited access to education. Security forces often abused and arrested street 

children to "clean up" the streets.

International Child Abductions: The country is not a party to the 1980 Hague 

Convention on the Civil Aspects of International Child Abduction.

Anti-Semitism

There were no reports of anti-Semitic acts.

Trafficking in PersonsNEPAL 28

See the Department of State's Trafficking in Persons Report at

www.state.gov/j/tip.

Persons with Disabilities

The interim constitution does not address the rights of persons with disabilities. 

Government effortsto enforce laws and regulations to improve rights and benefits 

for persons with disabilities were not effective. The law mandates access to 

buildings, transportation, employment, education, and other state services, but 

these provisions generally were not enforced. The government did not effectively 

enforce laws regarding persons with disabilities.

According to Handicap International, persons with physical and mental disabilities 

faced discrimination in employment, education, access to health care, and the 

provision of other state services. The Ministry of Women, Children, and Social 

Welfare isresponsible for the protection of persons with disabilities, the Ministry 

of Education provides scholarships for children with disabilities, and the Ministry 

of Local Development isresponsible for allocating 5 percent of the budget of local 

development agencies for disability programs. Some NGOs working with persons 

with disabilities received funding from the government. However, most persons 

with physical or mental disabilities relied almost exclusively on family members 

for assistance.

National/Racial/Ethnic Minorities

The law provides that each community shall have the right "to preserve and 

promote its language, script, and culture" and to operate schools at the primary 

level in its native language. In practice the government generally upheld these 

provisions.

There were more than 75 ethnic groups which spoke 50 different languages. 

Discrimination against lower castes and some ethnic groups was especially 

common in the Tarai region and in rural areas in the West, even though the 

government outlawed the public shunning of Dalits and made an effort to protect 

the rights of disadvantaged castes. Better education and higher levels of 

prosperity, especially in the Kathmandu valley, were slowly reducing caste 

distinctions and increasing opportunities for lower socioeconomic groups. Better 

educated, urban-oriented castes continued to dominate politics and senior 

administrative and military positions and control a disproportionate share of 

natural resources.NEPAL 29

Caste-based discrimination is illegal. However, Dalits occasionally were barred 

from entering temples and sharing water sources. Progress in reducing 

discrimination was more successful in urban areas.

Resistance to intercaste marriage remained high and in some cases resulted in 

forced expulsion from the community. While Dalits who participated in wedding 

activitiestraditionally reserved for non-Dalits, such as riding a horse, were

sometimes assaulted, the courts showed a willingness to prosecute such cases of 

discrimination.

Societal Abuses, Discrimination, and Acts of Violence Based on Sexual 

Orientation and Gender Identity

The country has no laws that specifically criminalize homosexuality. However, 

government authorities, especially police, sometimes harassed and abused 

homosexual persons. According to the Blue Diamond Society, a local NGO, 

harassment of such persons by both government and citizens was common. NGOs 

working on lesbian, gay, bisexual, transgender, and intersex (LGBTI)issues 

reported that police harassment of sexual minorities occurred in rural areas of the 

country, especially in the Tarai region.

In 2007 the Supreme Court directed the government to enact laws to protect 

LGBTI persons'fundamental rights, enable third-gender citizenship, and amend all 

laws that were sexually discriminatory. Many mainstream political parties 

included pro-LGBTI legislation in their party manifestos, and LGBTI activists 

continued to press for protections for sexual minorities in the new constitution.

Other Societal Violence or Discrimination

There was no official discrimination against those who provided HIV prevention 

services or against high-risk groups likely to spread HIV/AIDS, although there was 

societal discrimination against these groups. Discrimination against women 

infected with HIV/AIDS was greater than for men, even though men who traveled 

to other countries for work were at higher risk of contracting the disease and 

spreading it to their wives.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective BargainingNEPAL 30

The law grants Nepali workers the freedom to form and join unions of their choice, 

except subversive, seditious, or similar organizations, as deemed by the 

government. Freedom of association extends to workers in both the formal and 

informal sector but not to foreign nationals. Noncitizens cannot be elected as trade 

union officials and do not have the right to form unions. Nepali workers have the 

rightsto strike, except for employees in 16 essential services, and bargain 

collectively. The law also provides for the protection of unions and their officials 

from lawsuits arising from actions taken in the discharge of union duties, including 

collective bargaining, and prohibits antiunion discrimination. The law provides for 

reinstatement of workers fired for union activity.

The law stipulates that unions must represent at least 25 percent of workers to be 

considered representative. However, the minimum requirement does not prohibit 

the formation of ersatz union groups, which call strikes and enter into direct 

negotiation with the government. Workers in the informal sector are also allowed 

to form unions, but according to the Department of Labor many workers were not 

aware of these rights.

The law does not allow dismissal or transfer of employees for attempting to form a 

union. If workers are dismissed for engaging in union activities, they can file a 

case with the Department of Labor, which has semi-judicial and mediation 

authority, or the Labor Court to be reinstated. Most cases are settled through 

mediation. By law employers can fire workers only under limited conditions and 

only after three counts of misconduct. The law stipulates that participation in a 

strike that does not meet legal requirements is considered misconduct.

Workers in 16 essential services are prohibited from striking. These sectors 

include public transportation, banking, security, and health care, among others. 

The law's definition of essential services does not conform to international 

standards. Members of the armed forces, police, and government officials at the 

under secretary level or higher are also prohibited from taking part in union 

activities. In the private sector, employees in managerial positions are not 

permitted to join unions. However, the definition of what constitutes a managerial 

position was vague.

To conduct a legal strike, 51 percent of a union's membership must vote in favor 

of a strike in a secret ballot, and unions are required to give 30 days' notice before 

striking. If the union is unregistered, does not have majority support, or calls a 

strike prior to issuing a 30 days' notice, the strike is considered illegal.NEPAL 31

Enforcement of the above laws was uneven in practice. Although the government 

restricted strikes in essential services, workers in hospitals, hotels, banking, 

restaurants, and the transportation sector called numerous strikes during the year. 

Freedom of association and the right to collective bargaining generally were 

respected in practice. Unions were often linked to political parties and did not 

operate independently from them. Although the law has minimum threshold 

requirements, some unions represent less than the 25 percent of the workforce

required to be considered representative.

Labor leaders faced challenges in reaching collective bargaining agreements due to 

political infighting among trade unions.

During the year the three major unions called a nationwide strike to press for an 

increase in the minimum wage to 6,100 rupees per month ($72). After extensive 

negotiations between the three major unions and two apex business federations, 

both sides agreed to the wage increases. However, the agreement was later 

undercut by another small and unregistered union group affiliated with Madhesi 

(Tarai-based) political parties. After pressure from the business community, the 

government agreed to enter discussions with the unregistered union group, which

successfully pressed for a minimum wage of 6,200 rupees ($73) per month for its 

members. Later the government overturned the agreement reached between the 

three major trade unions and two apex business federations.

Violence in labor disputes usually involved labor unions that threatened

government officials, employers, or other union members if they did not agree to 

the union's demands. Several cases were documented in which members of the 

Maoist-affiliated All Nepal Trade Union Federation (ANTUF) attacked other 

unions. ANTUF members also forced companies to dismiss workers who 

belonged to other unions or forced workers to join its union or risk losing their 

jobs. In the Surya Nepal Garment factory, union members affiliated with the 

Maoist party forcibly locked management staff, including one pregnant staff 

member, in the factory for 36 hours without food and water to demand payment 

during a strike. The management staff members were later released after 

intervention by the CDO. Cases of violence against union members also were

reported, although they were rarer.

b. Prohibition of Forced or Compulsory LaborNEPAL 32

The law prohibits all forms of forced or compulsory labor. However, there 

continued to be reports of debt bondage.

In 2002 the government formally outlawed the Kamaiya system, a form of bonded 

labor. Government enforcement of the law was uneven, and social reintegration 

remained difficult. In 2010 the government rehabilitated an additional 6,870 

Kamaiyas, bringing the total number of rehabilitated persons to 22,402 in a total 

Kamaiya population of 27,570. The Haliya system, another form of bonded labor 

primarily for individuals engaged to cultivate farmland, was outlawed in 2008, but 

OHCHR-Nepal reported that some freed Haliyas had not been issued identity 

cards, making it difficult for them to access public services. 

There were reports that forced labor and bonded labor persisted, especially in 

agriculture, domestic services,factories, food services, textile embroidery,

production of pornography, begging, circus entertainment, and brick kiln work. 

Victims of bonded and forced labor were generally women and children.

Also see the Department of State's Trafficking in Persons Report at 

www.state.gov/j/tip.

c. Prohibition of Child Labor and Minimum Age for Employment

The law establishes a minimum age of 16 for employment in industry and 14 for 

employment in agriculture and mandates acceptable working conditions for 

children. Employers must maintain records of all laborers between the ages of 14 

and 16. The law prohibits employment of children in factories, mines, or 60 other 

categories of hazardous work and limits children between the ages of 16 and 18 to 

a 36-hour workweek (six hours a day between 6 a.m. and 6 p.m., and six days a 

week). The law also establishes specific penalties for those who unlawfully 

employ children, but regulations to enforce the law had not been fully 

implemented. For example, children could be found working in construction sites 

in the capital, often without any protective gear.

The Ministry of Labor, which is responsible for enforcing child labor laws and 

practices, had a poor enforcement record, and a significant amount of child labor 

occurred in the formal and informal sectors. Resources devoted to enforcement 

were limited. According to the Ministry of Labor, recent inspections did not find

children working. However, child labor in the informal sector occurred in 

agriculture, domestic service, portering, recycling, transportation, and rock 

breaking. In the informal sector children worked long hours, carried heavy loads, NEPAL 33

were at risk of sexual exploitation, and at times suffered from ear, eye, or skin 

disorders or musculoskeletal problems. Forced child labor was reported in the 

brick, carpet, embroidered textile, and stone industries. Children working in 

textiles and embroidery faced hazards, as they were confined to small, poorly 

ventilated rooms where they worked with sharp needles.

According to the Nepal Labor Force Survey 2008, the most recent survey 

available, the labor force participation rate was 13.4 percent for children ages five 

to nine and 52.7 percent for children ages 10 to 14. Of those, 1.6 million children 

worked full time.

Also see the Department of Labor's Findings on the Worst Forms of Child Labor 

at www.dol.gov/ilab/programs/ocft/tda.htm.

d. Acceptable Conditions of Work

The minimum wage for unskilled laborers was 6,200 rupees per month 

(approximately $73). The minimum wage exceeded the poverty line of $1.25 per 

day but was barely sufficient to meet subsistence needs. Minimum wage laws 

apply to both the formal (which accounts for about 10 percent of the total 

workforce) and informal sector, but implementation was stronger in the formal 

sector.

The law stipulates a 48-hour workweek, with one day off per week and one-half 

hour of rest per five hours worked. The law limits overtime to no more than four 

hours in a day and 20 hours per week, with a 50 percent overtime premium per 

hour. Excessive compulsory overtime is prohibited. Employees are also entitled 

to paid public holiday leave, sick leave, annual leave, maternity leave, bereavement 

leave, and other special leave. The government sets occupational health and safety 

standards and establishes other benefits, such as a provident fund, housing 

facilities, day-care arrangements for establishments with more than 50 women 

workers, and maternity benefits.

In practice the Ministry of Labor reported that most factories in the formal sector 

were in compliance with laws on minimum wage and hours of work, but 

implementation varied in the informal sector, including in agriculture and domestic 

servitude. The ministry had 12 factory inspectors for the entire country, who also 

acted as labor and occupational health and safety inspectors. Reportedly there 

were vacant inspector positions at the ministry.NEPAL 34

Implementation of occupational health and safety standards was minimal, and the 

Ministry of Labor considered it the most neglected area of labor law enforcement. 

For example, the law requires establishments to provide protective eye equipment 

where cement, iron, and glass are used, but workers at many construction sites 

operated without equipment such as head gear or shoes. Such violations were

found across sectors, including in construction, mining, transportation, agriculture, 

and factory work.

The government had not created the necessary regulatory or administrative 

structures to enforce occupational safety and health provisions. The Ministry of 

Labor did not have a specific office dedicated to occupational safety and health,

nor did it have inspectors specifically trained in this area. Penalties were 

insufficient to deter violations. Workers often felt they could not remove 

themselves from dangerous work situations without fear of losing their jobs. 

Although the law authorizes factory inspectors to order employers to rectify unsafe 

conditions, enforcement of safety standards remained minimal and monitoring was 

weak. Accurate data on workplace fatalities and accidents were not collected on a 

regular basis.

The government regulated labor contracting, or "manpower," agencies that 

recruited workers for overseas jobs and penalized fraudulent recruitment practices. 

However, according to several NGOs, government officials were often complicit in 

falsifying travel documents and overlooking recruiting violations by labor 

contractors. The myriad of unregistered labor "brokers" and middlemen--who 

were often trusted members of the community--complicated effective monitoring 

of recruitment practices. The government began a number of initiatives to raise 

awareness and make the recruitment process more transparent. Workers were also 

encouraged to register and pay a fee to the Foreign Employment Promotion Board, 

which tracked migrant workers and provided some compensation if workers'rights 

were violated. The government required all contractsto be translated into Nepali 

and instituted provisions whereby all workers have to attend a predeparture 

orientation program. During the orientation workers are made aware of their rights 

and legal recourse should their rights be violated. However, the effectiveness of 

such initiatives remained questionable as workers who went overseas often skipped 

the mandatory training, and many companies were found to issue predeparture 

orientation certificates for a small fee rather than deliver the training.

(Source: http://photos.state.gov/libraries/nepal/391216/Misc_%20PDF/Nepal2011HumanRightsReport.pdf)