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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]
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