1992 US Department of State Annual Human Rights Report on Nepal

103d Congress 

1st Session 

JOINT COMMITTEE PRINT 

S. Prt. 

103-7 

93 

231 

COUNraV REPORTS ON HUMAN RIGHTS 

PRACnCES FOR 1992 

REPORT 

SUBMITTED TO THE 

COMMITTEE ON FOREIGN RELATIONS 

U.S. SENATE 

AND THE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENTATIVES 

BY THE 

DEPARTMENT OF STATE 

IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE 

FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED 

===============================================

Page 1152

NEPAL 

Nepal is a constitutional monarchy with a democratic, parliamentary form of gov- 

ernment. Nepal was formerly an absolute monarchy, but the King in 1990 legalized 

political parties and invited formation of an interim government that promulgated 

a new Constitution. Under that Constitution the King retains important residual 

Powers, but he has effectively disassociated himself from the exercise of power. The 

arliament consists of the House of Representatives (lower house) and the National 

Council (upper house). In multiparty elections held in May 1991, the Nepali Con- 

gress Party won a majority in the House of Representatives, which chose G.P. 

Koirala as Prime Minister. 

Internal security is maintained by the Nepal police, under the Home Minister, 

and, as necessary, by the Royal Nepalese Army, of which the King is Commander- 

in-Chief. Because communication links in Nepal are limited, local officials have a 

great deal of autonomy and exercise wide discretion in enforcing law and order. In 

1992, as in previous years, the police on several occasions used excessive lethal 

force, and police mistreatment of criminal suspects continued. According to the U.S. 

Arms Control and Disarmament Agency, total military expenditures for 1989 were 

$33 million. 'There is no indication tnat efforts will be made to reduce these expendi- 

tures in absolute terms in the near future. However, the portion allocated to defense 

in the 1992-1993 budget fell slightly compared to the previous year. 

Nepal is one of the poorest countries in the world, with a per capita gross domes- 

tic product estimated at around $170. Over 80 percent of its 19 million people are 

engaged in subsistence agriculture. Carpet and ready-made garment sales and tour- 

ism revenues are the major sources of foreign exchange, and foreign aid covers 69 

per cent of Nepal's development budget. Under the new Government, efforts are 

under way to provide a greater role for the private sector. 

The 1990 Constitution guarantees a broad range of fundamental human rights, 

and the Parliament has passed most of the legislation necessary to bring the law 

into conformity with the Constitution. The human rights situation has improved 

considerably smce 1990, and much progress has been achieved in the transition to 

a more open society. Substantial human rights problems remain, however. The prin- 

cipal problems concern the abuse of police powers, including arbitrary detention and 

beatings (which, in at least one instance, included torture) by a police force that is 

poorly trained, and the Government's unwillingness to investigate or enforce ac- 

countability for recent and past abuses. Police fired into crowds on several occasions, 

most notably during demonstrations against the (Jovemment on April 6 that re- 

sulted in the deaths of seven persons. &me restrictions continue on freedom of ex- 

ftression. Trafficking in women and child labor remained serious problems. A new 

aw granting freedom of religion was passed; however, proselytizing remains prohib- 

ited. 

1153 

RESPECT FOR HUMAN RIGHTS 

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

a. Political and Other Extrajudicial Killing. — ^There were a number of incidents 

involving political violence and killing orior to the February parliamentary by- 

electionsand, on a wider scale, before the May local elections. All of the major politi- 

cal parties traded charges of killings, but the majority of allegations were believed 

to have been distortions made for political advantage. 

On April 6, at least 7 people were killed, almost 100 injured, and over 500 ar- 

rested in Kathmandu and its suburb of Patau after police fired on protesters dem- 

onstrating against the Government's economic policies. The demonstration was orga- 

nized by a coalition of parties, led by the Communist Party of NepalAJnity Centre, 

and called for a general strike to protest recent price increases by the Government, 

This demonstration became violent in several places with incidents of arson and at- 

tacks on public and private property. The Government claimed that force was nec- 

essary to prevent further damage to public property. However, well-documented re- 

ports by human rights groups and eyewitness accounts indicate that the police were 

ill-trained in crowd control and overreacted. Most of the victims were innocent by- 

standers and, in one flagrant case, a woman who was a considerable distance away 

from the rioting was shot in the leg at point-blank range without provocation. 

Human rights organizations also condemned the use of bullets during the dem-^- 

onstrations. 

The Government failed to conduct an investigation of the incident or take discipli- 

nary action against the police for using excessive force. It acknowledged that the 

police are inadequately equipped and trained to cope with civil disturbances, but 

claimed that the level of force was justified in response to deliberate provocation. 

The families of the seven deceased were compensated approximately $500 each. 

In two incidents, on January 3 in Solukhumbu District and on August 28 in 

Okhaldhunga District, Nepalese police shot and killed Tibetan refugees who were 

members of groups transiting Nepal en route to India. The Government has not in- 

vestigated either incident or taken disciplinary action against the officers involved. 

The Government also did not publish the results of the Home Ministry's inquiry into 

incidents in 1991 at Argakhanchi and Khotang — in which police fired on crowds, 

killing two persons and wounding several others — or take disciplinary action against 

the police involved in those incidents. 

b. Disappearance. — ^There were no reports of permanent disappearances. In May 

there were several cases in which rival political factions claimed their opponents 

had abducted and held prospective candidates briefly to prevent their registration 

in local elections. The report of the five-person commission to investigate the where- 

abouts of those missing or dead since December 1960, presented to the Parliament 

in 1991, still has not oeen published, nor has the Government made any public 

statements regarding its contents, despite pressure from human rights groups to act 

on its findings. 

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

There was one particularly significant incident of torture in 1992. Following the 

January 15 murder of a policeman in Baglung District, over 500 people were de- 

tained for investigation. Most were released within 2 days; however, 10 persons 

were held for a period of nearly 2 months without being brought to court. According 

to a reliable team of investigators, all were tortured, including beatings on the soles 

of their feet, and at least three of the detainees received bums on their feet as well. 

AU 10 denied any involvement with the murder and allege that they were arrested 

for political reasons. Local authorities did not deny the use of torture, and the local 

investigator commented that torture was necessary as a means to ejctract informa- 

tion. No disciplinary action was taken against these local authorities, although the 

Home Minister reported that he had instructed the police to stop such practices. 

Beating is stiU reported to be a routine means for police to extract confessions 

from common criminals. The Government has rarely conducted investigations into 

allegations of police brutality or acknowledged public concern about its prevalence. 

Nepal's Constitution now provides for compensation to those subjected to physical 

or mental torture, but the Supreme Court has ruled that legislation must be passed 

to determine levels of compensation before the courts can make awards. 

Three classes of prison facilities exist in Nepal. Class "C cells — which generally 

hold common criminals — are the worst. They often have dirt floors, sparse or no fur- 

nishings, and poorer food than class "A" and "B" cells. Overcrowding is common, and 

the use of handcufi"s and fetters is sometimes reported. Conditions in "A" and "B" 

cells are markedly better, with the former reserved for "prominent" persons. Women 

are incarcerated separately from men in equally poor conditions. Children are incar- 

cerated together with adults, either because uiey have committed crimes or their 

1154 

parents have done so and the children have nowhere else to live. There has been 

Sonne slow improvement in prison conditions; sick prisoners are now more likely to 

be referred to nospitals for treatment. 

Reflecting the low level of general medical facilities in the 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 inter- 

national standards. 

The Mallik Commission's report on its investigation of the loss of life and property 

during the Movement to Restore Democnu^s OnlRD) agitation in 1990, in which it 

looked into chai^rcs of torture and other mistreatment, was submitted to the Attor- 

ney General on December 31, 1990. However, the report remains unpublished, al- 

thouc^ it may be read in the parliamentary library. The report's principal author 

disputed the Attorney General's 1991 finding that the report supplies neither firm 

evidence nor a legal basis for prosecution. Human rights monitors urged the Gov- 

ernment to publish the report and take appropriate action based on its contents. 

d. Arbitrcay Arrest, Detention, or Exile. — ^Accordin^ to the Constitution, a suspect 

must be brou^t before a court within 24 hours and informed of the general grounds 

for his arrest or be released. If the court upholds the detention, the police are au- 

thorized up to 25 days, with a possible 7-day extension, to complete their investiga- 

tion. Alihou^ the ^preme Court ordered the release of a detainee on at least one 

occasion on the grounds that he had been held for over 24 hours before being pre- 

sented to a court, tJie police reportedly often violate this provision of the law in prac- 

tice. Under current law, persons are permitted access to a lawyer onlv after they 

are no longer in police custody. There is a functioning system of bail, but it is too 

esnpensiveror most Nepalese. 

The law most often used to detain and arrest persons arbitrarily during the MRD 

agitation was the Public Security Act. The Act was amended, but not repealed, by 

the new Government in 1991. It permits the Home Ministry to detain an individual 

for up to 6 months upon presentation of written notice that includes "grounds and 

reason." Hie district court must be notified of the detention within 24 hours. It may 

extend the period of detention once, for an additional 6 months, before charges must 

be filed. The grounds for detention under the Act are open to broad interpretation: 

to ensure the security of Nepal; order and tranquility inside Nepal; amicable rela- 

tions between Nepal and other friendly states; or amicable relations among people 

of difierent classes or religions within Nepal. Persons detained under this Act are 

considered to be held in preventive detention and are not brought to trial. 

There are oUier laws that allow for arbitrary detention, including the revised Pub- 

lic Offenses Act. It was under this Act that hundreds of civil servants were detained 

in 1991 during a 55-day protest strike against the Government. Despite the Act's 

revision in 1992, human rights monitors nave expressed concern that it continues 

to vest too much power in uie Chief District Officer, the highest ranking civil serv- 

ant in Nepal's 75 districts, and could give rise to abuses in the future. 

The 10 persons arrested in Baglung District following the murder of a policeman 

on January 15 were held for 30 to 55 days on chai-ges of conspiracy and murder 

before being brought to court, a violation of the law. The detainees were also pre- 

vented from seeing any visitors or lawyers, also a procedural violation. 

Exile is prohibited by the Constitution and is not practiced. 

e. Denial of Fair Public Trial. — ^Nepal's judicial system consists of three layers: 

The district courts, appellate courts, and the Supreme Court. The judges of all three 

layers are appointed oy 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. 

AuUtaiy and civilian courts are separate. Military courts generally deal only with 

mihtary personnel who are immune from prosecution in civilian courts. In 1992 the 

Supreme Court ruled that civilians may no longer 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 1992, but the Treason Act remains in effect. 

Nepalese law provides for the ri^t to a public trial except in some security and 

customs cases, llie Constitution provides for protection from double jeopardy, pro- 

tection fiT>m retroactive application of the law, and the right to counsel; the Gfovem- 

ment provides free counsel to indigents. There were no reported instances of abuse 

in this area in 1992. The judiciary is legally independent and has the right of judi- 

cial review under the Constitution. Uncfer the previous Panchayat system, the judi- 

ciary often collaborated with the police in upholding politically-motivated detentions; 

in 1992 the process of judicial strengthening continued, and the courts confronted 

the police in several cases of illegal detention. 

1155 

The Constitution also allows the Supreme Court to initiate contempt proceedings 

and to impose punishment for contempt of the Supreme Court or subordinate courts. 

All lower court decisions, including acquittals, 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. 

The Government has declared that it holds no political prisoners. There is no 

credible evidence that any political prisoners (as denned for the purpose of this re- 

port — see Appendix A) are oein^ held in Nepal's iails, althou^ some political par- 

ties occasion^ly claim that political prisoners are oeing held. 

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence. — ^The 

new Government generally respects the privacy of the home and family, principles 

bolstered by Neptxiese law and tradition. Search warrants are required before search 

and seizure, except in cases involving suspected security and narcotics violations. 

The Police Act of 1955 as amended empowers the police to issue warrants for search 

and seizure in criminal cases upon receipt of information about criminal activities. 

The Chief District Officer in misdemeanor cases and court judges in felony cases 

must approve warrants within 24 hours after issuance. 

Section 2. Respect for Civil Liberties, Including 

a. Freedom of Speech and Press. — ^The Constitution specifies that all citizens shall 

have freedom of tnought and expression; it also provides that no news item, article, 

or any other reac^ng material shall be censored. These rights are circumscribed, 

however, as the Constitution permits restriction of speech or press if the action 

would: threaten the sovereignty and integrity of the Kingdoin; disturb the harmo- 

nious relations among peopte of different castes or communities; promote sedition, 

defamation, contempt of court, or instigation to commit crime; or contradict decent 

public behavior or morality. These restrictions were invoked in Novenaber when an 

editor served a 1-week jau sentence for contempt of court after printing a cartoon 

satirizing the Chief Justice. 

The I^ss and Publications Act provides for the licensing of publications and the 

granting of credentials to journalists. It includes penalties for violating these re- 

of materials that, inter alia, foment disrespect toward the King or royal family; un- 

dermine the integrity and sovereignty of the Kingdom; undermine the security, 

peace, and order of the Kingdom; create animosity among people of diflerent castes, 

religions, etc.; or adversely affect the good conduct or morality of the public. A simi- 

lar list establi^es the basis for banning the importation of foreign publications. 

Notwithstanding the law, a large number of Nepal's more than 400 publications 

(some political party organs, some independent papers, and many small papers with 

circulation limited to a few hundred copies) remained vigorous in their criticism of 

the Government. A few published attacks on the monarchy without being prosecuted 

or closed down. 

The two Nepalese dailies with the largest circulation are government organs. 

While their editors may publish critical views and alternate policies, editorial views 

in these dailies still tend to reflect government policy. The Ministry of Communica- 

tion has also provided occasional guidance to the editors. While the CJovemment can 

exert pressure on the independent print media through its control of the price of 

newsprint and throu^ the high proportion of advertising it purchases, there was 

no evidence that such pressure was applied in 1992. 

TTie sole radio and television stations in Nepal are government owned and con- 

trolled. While programming continued to reflect a broader range of interests and po- 

litical viewpoints than it did before the political transformation was begun in 1990, 

it stiU followed closely the views of the (jovemment. 

There were no reported restrictions on academic freedom. 

b. Freedom of Peaceful Assembly and Association. — ^Under the Constitution, free- 

dom of assembly is gueu-anteed. However, a caveat allows restrictions on such vague 

grounds as undermining the "sovereignty and integrity" of Nepal or disturbing "law 

and order." There were no reports of arrest or detention for exercising the freedoms 

of peaceable assembly or association. 

c. Freedom of Religion. — ^The majority of Nepalese are Hindus, and Nepal is de- 

scribed in its (Constitution as a Hindu Kingdom. There is a large minority of Bud- 

dhists, a smaller number of Muslims, and a small but growing number of Chris- 

tians. Non-Hindus are allowed to practice their religion and maintain places of wor- 

ship. A number of foreign (Christian clergymen reside and work in Nepal in various 

flelds. Religious education is offered by non-Hindus, including Muslims and Chris- 

tians. Religious publications are imported mainly from India and widely circulated. 

1156 

The Constitution and a law passed in 1992 allow self-conversion but outlaw pros- 

elytizing. The law provides a maximum penalty of 6 years for converting a person 

to another religion and a maximum sentence of 3 years for attempting to convert 

someone. No arrests were made under this provision in 1992. The law also protects 

the functioning of all religions but prohibits discrimination on the basis of caste; 

however, such discrimination is pernutted at temples. 

In the past, Nepalese authorities, particularly in conservative rural areas, took 

the prohibition on conversion very seriously. The current Glovemment's more toler- 

ant policies have allowed Christians and other non-Hindu groups to engage freely 

in a wide variety of religious eictivities which have, however, yet to inclu(te attempt^ 

at conversion. Keligious groups may establish their own organizations and acauire 

their own places of worship, suthough the Government has been slow in establisning 

procedures for registering religious organizations. 

There is continuing concern that 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 rehgious beliefs. For this reason various non-Hindu 

groups occasionally propose amending this provision of the Constitution. 

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Re- 

patriation. — Citizens of Nepal may move freely and reside where they wish, a right 

provided for in the Constitution. Foreigners (including Tibetans resident in Nepal) 

and journalists are restricted from traveling to some areas on the Chinese border 

unless they are part of a licensed trekking group escorted by a police liaison officer. 

Travel outside of Nepal is not restricted for Nepalese citizens. Tibetans resident in 

Nepal ma^ travel freely only to India, although permission is routinely granted for 

their business travel to other countries. All 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. 

Nepal has no official refugee policy and is not 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 current Govern- 

ment is aiding the UNHCR's efforts by facilitating access to refugees from both 

China and Bhutan. In the past, Nepal accepted and assimilated approximately 

14,000 Tibetan refugees. Border restrictions, tightened in 1986 by a joint Nepalese/ 

Chinese agreement, are observed haphazardly on the Nepalese side of the Border. 

Tibetan refugees transiting through Nepal to India are usually permitted passage, 

although there are reports of police demanding payment from, and occasionally ad- 

ministering beatings to, these refugees. In January and again in August, Nepalese 

police shot and killed Tibetans who had entered Nepal illegally. Government claims 

that the victims had attacked the police were not borne out by UNHCR interviews 

of the surviving group members. Cfredible reports continue to be heard of some Ti- 

betan refugees being turned back by Nepalese authorities near the Nepal-China bor- 

der; however, the incidence of this practice declined as the UNHCR established 

more regular procedures with the Government for handling undocumented Tibetan 

arrivals. 

There was another sharp increase in the number of ethnic-Nepalese Bhutanese 

fleeing into Nepal after reportedly suffering abuses or being expelled from Bhutan. 

At the end of 1991, the camps in southeastern Nepal housed 10,000 of these refu- 

gees, and at least 65,000 more arrived in 1992. They arrive to face unhealthful con- 

ditions, including overcrowding, shortages of clean water, poor sanitation and nutri- 

tion, and risk of epidemic disease. The UNHCR monitors these refugees' condition 

and provides assistance for their basic needs. The Government tolerates the refu- 

gees' presence on a humanitarian basis, although it can offer them little except a 

place to stay. The Government raised the issue of the refugees with the Government 

of Bhutan in 1992, but the flow of new arrivals continued unchecked, and there was 

no agreement on refugee screening and repatriation. 

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

ment 

Under the Constitution promulgated in 1990, Nepal is a constitutional monarchy 

with sovereignty vested in the people. The people, through their elected representa- 

tives, have the ri^t to amend the Constitution to change all but the most basic as- 

pects of the body politic — sovereignty vested in the people, the multiparty system, 

fundamental rights, and the constitutional monarchy. 

Parliamentary elections, based on universal suffrage for citizens over the age of 

18, are to be held every 5 years by secret ballot. On May 12, 1991, the people exer- 

cised their franchise for the first time in 32 years in a general election that Nepa- 

lese and more than 60 international observers described as basically free and fair. 

The Nepali Congress Party won 110 out of 205 seats in the House of Representa- 

1157 

tives and was able to form the Government without need of a coalition. The King 

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

Prime Minister. The next parliamentaiy elections are scheduled to be held in 1996. 

Local elections were held on May 28 and 31, 1992, for municipal and village devel- 

opment councils, and the winners of these offices, some 46,000 in all, voted for dis- 

trict development conmiittees in July. These elections were also generally free and 

fair, althoudi scattered acts of violence and polling irregularities were reported. The 

governing Nepali Congress Party won over 50 percent of the offices contested. The 

main opposition party, the Nepal Conmiunist Party/United Marxist and Leninist, 

won approximately 26 percent of the offices, and the conservative National Demo- 

cratic Party, led by former leaders of the Panchayat government, won 10 percent. 

The King continues to exercise certain 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 prop- 

erty 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 assem- 

bly, 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. The lower, but not the upper, house of Parliament may be dis- 

solved. A state of emergency may be maintained for up to 3 months without legisla- 

tive approval and up to 6 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 fivm participating in 

the government or political parties, but lingering conservative social traditions limit 

the influence of both women and some castes and tribes in the poUtical process. The 

Constitution requires that at least 5 percent of the candidates tor the House of Rep- 

resentatives from each registered political party be women. 

Section 4. Governmental Attitude Regarding International and Nongovernmental In- 

vestigation of Alleged Violations of Human Rights 

Nepal has over a dozen nongovernmental human ri^ts organizations. The major 

organizations are the Human Rights Organization of Nepal (HURON) and tiie 

Forum for the Protection of Human Rights (FOPHUR), although their activities 

have dropped off somewhat following the advent of democraty. The Nepal Law Soci- 

ety also monitors human rights issues, and a number of nongovernmental organiza- 

tions focus on single issues such as child labor or women's ri^ts. Both government- 

appointed commissions and nongovernmental human right groups continue to report 

that police authorities are do not cooperate with their efforts to gather information. 

In June Amnesty International (AI) published a report criticizing the Govern- 

ment's inaction in addressing past human rights violations and its poor handling 

of the April 6 demonstrations. The Government stated that the report is politically 

biased and exaggerates the Government's human rights violations, and it has indi- 

cated a willingness for AI to send a team to assess the situation in Nepal. An inde- 

gendent Nepalese commission, named the Tuladhar Commission after the jurist who 

eaded it, published a separate report on the April 6 incidents that criticized the 

Government's handling of the riots but also ascribed some blame to the leftist lead- 

ers of the general strike. The Tuladhar Conmussion complained that the Govern- 

ment and the official media obstructed its efforts to investigate the facts. 

Section 5. Discrimination Based on Race, Sex, Religion, Lcmguage, or Social Status 

The Constitution specifies the right to equality, whereby the State shall not dis- 

criminate against citizens on grounds of religion, race, sex, caste, or ideology. How- 

ever, Nepal is still largely a traditional society wedded to the caste system, and 

caste discrimination is conmion, especially in the rural areas of western Nepal. Al- 

though the public shunning of Sintouchables" has been outlawed, an exception was 

retained for traditional practices at religious sites. Economic, social, and educational 

differentiation tend to be a function of historical patterns, geographical location, and 

caste. The spread of education and higher levels of prosperity, especially in the 

Kathmandu valley, are slowly reducing caste distinctions and increasing opportuni- 

ties for lower socioeconomic groups. Although politics and senior jobs in the govern- 

ment administration and anny in Nepal continue to be dominated by higher and 

1158 

better educated urban-oriented castes (Brahmin, Chhetri, and certfdn elements of 

the Newar community), the representation of other castes is increasing slowlv. 

Women in Nepal face gender discrimination, particularly in rural areas, where the 

wei^t of tradition, lack of education, and ignorance of the law remain severe im- 

pediments to the exercise of basic rights, such as the ri^^t to vote or to hold prop- 

erty in their own names. According to preliminary figures from the 1991 census, the 

female literacy rate is 26 percent, compared to a male literacy rate of 57 percent. 

Over the years, women have benefited from various changes in marriage and in- 

heritance laws. However, these laws continue to remain discriminatory, (fespite the 

constitutional prohibition against discrimination based on sex. The divorce law 

grants Nepalese women the right to divorce but on narrower grounds than those 

available to men. Likewise, the law governing property rights favors men in a num- 

ber of ways, including division of family property, the disposition of property, inher- 

itance, and land tenancy. The new Constitution strengthened some provisions re- 

garding women, including equal pay for equal work. 

Wife beating is common, though its extent is difficult to measure owing to the 

value attached to family privacy in Nepal's traditional society. Several unconfirmed 

cases of dowry deaths were also reported over the year. In general, there is little 

public attention given to 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 aver- 

age around 100,000. Coercion is often involved, although it is impossible to gauge 

its extent. Newspapers occasionally report the arrest oT 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, families 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 tradi- 

tion of religious prostitution among the Badini and Dev^i of western Nepal is an 

ongoing concern of the Government. The Government prosecutes instances of coer- 

cive trafficking brou^t to its attention but takes few active measures to stop it. The 

spread of the acquired immunodeficiency syndrome (AIDS) in India's red-light dis- 

tricts has discouraged the Government from aggressively promoting the return and 

rehabilitation of Nepalese prostitutes. 

Government efforts thus far focus more on 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 dis- 

tricts known for producing prostitutes to be sent to India, and several nongovern- 

mental organizations have similar programs. 

In Nepal's more open political atmosphere, a growing number of women's advo- 

cacy groups are taking up women's issues. Nearly all political parties have their 

own women's groups to press for women's causes. 

Section 6. Worker Rights 

a. The Right of Association. — ^Article 12 of the Constitution provides for the free- 

dom to form and to join unions and associations. The Constitution permits restric- 

tion of unions only through legal measures in cases of subversion, sedition, or simi- 

lar conditions. Since the political transformation begun in 1990, there has been an 

increase in trade union activity in every sector, with virtually all the unions closely 

linked to one or another of the political parties. Union participation in the formal 

sector is significant, but the formal sector comprises only a small portion of Nepal's 

overall labor maricet. Due to their recent formation and Nepal's lack of experience 

with trade unionism, the unions are still developing effective structures for oi^aniz- 

ing, collective bargaining, and education. Moreover, while the Parliament passed 

new labor and trade union acts in 1992, the Government has yet to bring out regu- 

lations to implement them fiiUy. 

Under current law, strikes are permitted except in "essential services" such as 

water supply, electricity, and telecommunications. The Government also is legally 

empowered to stop a strike or suspend the workings of a trade union if it disturbs 

peace and security or adversely alTects the nations economic interests. Under the 

new Labor Act, a secret ballot must be held to determine whether to strike, and 

a 60-percent vote in favor is required for a strike to be legal. A number of illegal 

strikes took place in 1992, especially to protest retrenchment in the public enter- 

}>rises under the Grovemment's program of administrative reform, but most received 

ittle publicity and were ineffective. 

The Trade Union Act of 1992 establishes the procedures and requirements for 

forming and registering trade unions, associations, and federations, including the 

provisions required in all union constitutions. The Act also protects unions and ofli- 

1159 

cials from lawsuits arising from any actions taken in the discharge of official duties, 

including collective bargaining. 

There are no restrictions on forming confederations or joining international labor 

bodies. Several federations exist, and Nepalese trade union organizations maintain 

a variety of such affiliations. 

b. The Right to Organize and Bargain Collectively. — The Labor Act of 1992 pro- 

vides for collective bargaining and stipulates that an organization must have the 

signatures of at least 51 percent of the eligible woikers in order to negotiate collec- 

tively. Although the organizational structures (e.g., labor courts) to implement the 

Act's provisions have not been created, 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 oi^anizers. 

lliere are no special economic zones. 

c. Prohibition of Forced or Compulsory Labor. — ^Article 20 of the 1990 Constitution 

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

•epartment 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 lx)nded labor in the Terai region. (See also the discussion of trafficking in women 

in Section 5.) 

d. Minimum Age for Employment of Children. — ^The Constitution stipulates that 

children shall not be employed in factories, mines, or similar hazardous woik, and 

the law establishes a minimum age for employment of minors at 16 in industry and 

14 in agriculture. Despite the law, child workers are found in all sectors of the rural 

and urban economies where the families consider child labor essential to alleviate 

poverty. The Department of Labor's enforcement record is spotty, but in the urban 

formal sector it has had some success in enforcing laws relating to permanency, 

minimum wage, and holidays. However, it has seldom enforced the minimum age 

law. Child Workers in Nepal (CWIN), the only national social action group dedicated 

to children's rights and welfare, estimates 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 chUc&en can be found, 

usually doing menial jobs, in almost every occupation. C!hild employment is particu- 

larly common in the smaller enterprises in construction, carpet weaving, res- 

taurants, garment manufacturing, transport, and domestic work. Human rights 

monitors estimate that diildren constitute between one-third and two-thirds of the 

work force in the carpet industries, where they generally work long hours in 

unhealthy conditions for low pay. Although a law specifically designea to protect 

children's rights was passed in May, stipulating that children may not be used as 

beg^rs or face discrimination on the basis of caste, religion, or sex, the Government 

has little ability to implement it comprehensively. 

e. Acceptable Conditions of Work. — The new Labor Act sets a minimum monthly 

wage in factories and in the organized labor sector. This wage is sufficient only for 

the most minimal standard of living. Rates in the unorganized service sector and 

in agriculture are often as much as 50 percent lower. 

The Labor Act calls for a 48-hour workweek, with 1 day off, and limits overtime 

to 20 hours per week. Health and safety standards, and other benefits such as a 

provident fiind and maternity benefits, are also established in the Act. Implementa- 

tion of the new Labor Act has been slow, as the Government has not created the 

necessary regulatoiy or administrative structures to enforce its provisions. 

[Source: US Dept of State]