1994 US Department of State Annual Human Rights Report on Nepal

TITLE: NEPAL HUMAN RIGHTS PRACTICES, 1994

AUTHOR: U.S. DEPARTMENT OF STATE

DATE: FEBRUARY 1995

                             NEPAL

Nepal is a constitutional monarchy with a parliamentary form of 

government.  In 1990 the King, formerly an absolute monarch, 

legalized political parties and an interim government 

promulgated a new Constitution.  The King retains important 

residual powers but has dissociated himself from the day-to-day 

excercise of governing.  The democratically elected Parliament 

consists of the House of Representatives and the National 

Council.  A parliamentary election was held on November 15.  

Observers considered it free and fair.  The election resulted 

in a victory for the United Marxist and Leninist party (UML), 

which formed a new government.

The national police force maintains internal security, assisted 

as necessary by the Royal Nepalese Army.  Local officials have 

wide discretion in maintaining law and order.  A positive 

development was police exercise of considerable restraint in 

handling violent political demonstrations.  However, police 

mistreatment of criminal suspects continued.

Nepal is an extremely poor country, with an annual per capita 

gross domestic product estimated at around $210.  Over 80 

percent of its 20 million people support themselves by 

subsistence agriculture.  The export of carpets and garments, 

along with tourism are the major sources of foreign exchange.  

Foreign aid covers more than half of the development budget.  

The Government seeks to liberalize the economy and provide a 

greater role for the private sector.

Since the beginning of political reform in 1990, Nepal has 

progressed in its transition to a more open society with 

greater respect for human rights.  However, problems remain.  

Police continue to torture detainees.  The Government's 

unwillingness to investigate allegations of police brutality or 

take actions against those involved remaines a serious 

concern.  The Govenment continues to impose some restrictions 

on freedom of expression, and trafficking in women and child 

labor remain serious problems.  Women and the lower castes also 

suffer widespread discrimination.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including 

           Freedom from:

     a.  Political and Other Extrajudicial Killing

In January an angry crowd attacked police after a police 

subinspector poured boiling water on a woman shopkeeper in 

Jhapa.  The police fired on the crowd, killing 1 person and 

wounding 30.  The authorities later suspended the subinspector 

but took no other actions against him or other officers.

The Government refused to investigate police officers 

responsible for the 1993 killing of more than two dozen persons 

in leftist-inspired political demonstrations and strikes.  

However, the Government has compensated the families of some of 

the victims.

Killings by political groups increased during and after the 

November 15 general elections.  In September several members of 

the radical leftist United People's Front killed a Nepali 

Congress Party (NCP) worker on his way to a party meeting in 

Rukum District.  On October 27, unknown assailants killed an 

NCP worker in Dang District.  One week later, eyewitnesses 

claim that senior NCP workers were among those who shot dead 

three Communist Party workers marching in a procession toward 

the NCP's office in Dang District.  An NCP worker was shot dead 

on November 5 in Ilam District; the authorities arrested eight 

members of the National Democratic Party for the killing.  

According to unconfirmed reports, the police killed two members 

of the radical United Peoples Front on November 27, after they 

fired on the police officers in Rolpa District.

Reported political killings continued after the election.  In 

December the NCP reported that six of its workers were killed 

in political violence after the formation of the new Government.

     b.  Disappearance

In June police removed from a Kathmandu hospital a student on a 

hunger fast in protest over government inaction on pollution; 

the student has not been seen since.  In October the Supreme 

Court issued a writ of habeas corpus, but the police maintained 

that they were not holding the student.  The case remains 

unsolved.  The case of a student activist taken into custody by 

police in June 1993 also remains unsolved, despite an ongoing 

inquiry by the Supreme Court.

The Government continues to refuse to publish the report of the 

Disappearances Commission, a body established to investigate 

all disappearances in the period from December 1960 to the 

beginning of the political transformation in 1990.  Human 

rights monitors remain skeptical of the Government's claim that 

the report's findings do not warrant governmental action.  They 

express concern that persons responsible for disappearances 

remain in positions of authority.

     c.  Torture and Other Cruel, Inhuman, or Degrading 

         Treatment or Punishment

Although the Constitution prohibits torture, the law does not 

define torture as a criminal offense.  The police commonly use 

physical abuse to punish suspects or extract confessions.  The 

Government failed to conduct thorough and independent 

investigations of reports of police brutality, nor did it take 

significant disciplinary action against officers involved.  The 

Constitution provides for compensation for victims, but a 

compensation bill introduced in Parliament in 1993 remains in 

committee.

Charges of cruel treatment by police continued in 1994.  During 

periods of political unrest in the spring and summer, the 

police reportedly abused several persons arrested at 

leftist-sponsored political protests.  However, there were 

several clear incidents of torture.  Police in Patan 

headquarters kicked and beat on the soles of the feet a 

foreigner arrested in January for drug trafficking.  Several 

policemen held a stick across his thighs and jumped on it 

repeatedly, causing temporary paralysis.  Police denied that 

any such abuse occurred, but a doctor examined the man and 

judged that his allegations were credible.

In January a group of policemen beat the hand and leg joints of 

a man from Bara who filed a complaint against a police officer 

who allegedly had had an affair with the man's mother.  In 

response, an angry crowd gathered outside the station.  The 

police opened fire and wounded six persons.  The authorities 

transferred the police officer involved in the affair but took 

no other action.

In October the authorities arrested a man in Ilam District and 

charged him with illegally cutting wood.  To extract a 

confession, forest guards reportedly beat the man, inserted 

pins under his fingernails, and beat the soles of his feet.  

The man was released from custody after a court found him not 

guilty.

The authorities continued to harass Tibetan asylum seekers who 

tried to cross the border from China.  In February security 

forces badly beat a Tibetan apprehended crossing the border 

near Kodari.  Approximately a dozen soldiers repeatedly kicked 

the man in the face and beat him with rifle butts, which 

resulted in temporary blindness and the loss of several teeth 

(see Section 2.d.).

Political groups also engaged in physical abuse.  Shopkeepers 

and bus drivers were stoned and beaten by members of leftist 

opposition parties after they refused to honor nationwide 

strikes.

Overcrowding is common in prisons and authorities sometimes 

handcuff or fetter detainees.  Women are incarcerated 

separately from men, in equally poor conditions.  The 

Government has not implemented a provision in the 1992 

Children's Act calling for the establishment of a juvenile home 

and juvenile court.  Consequently, children are sometimes 

incarcerated with adults--either as criminals or with an 

incarcerated parent.  In May the Jail Management Department 

reported that 83 children below the age of 12 years were in 

prison.

There has been improvement in prison conditions.  The 

authorities are more likely to transfer sick prisoners to 

hospitals than they were in the past.  However, because of the 

inadequacy of medical facilities in the country, the 

authorities often place the mentally ill in jails under 

inhumane conditions.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution provides that a suspect must be arraigned or 

released within 24 hours of arrest, but the police often 

violate this provision.  Under the Public Offenses Act of 1970, 

the police must obtain warrants for an arrest unless a person 

is caught in the act of committing a crime.  For many offenses, 

the case must be filed in court within 7 days of arrest.  If 

the court upholds detention, the police are authorized up to 25 

days, with a possible 7-day extension, to complete their 

investigation.  The Supreme Court on occasion has ordered the 

release of detainees held longer than 24 hours without a court 

appearance.

Detainees do not have the legal right to be visited by family 

members and are permitted access to lawyers only after the 

authorities file charges.  Instead, the granting of access is 

haphazard and varies from prison to prison.  There is a system 

of bail, but bail is too expensive for most citizens.

Under the Public Security Act, the authorities may detain 

persons who allegedly threaten domestic security and 

tranquility, amicable relations with other states, and 

relations between citizens of different classes or religions.  

Persons detained under the Act are considered in preventive 

detention and are not brought to trial.  In 1994 the 

authorities used the Act primarily to detain groups of youths 

and mob leaders in advance of scheduled demonstrations.  They 

released most detainees within 48 hours.

Human rights groups report that supporters of the leftist 

parties are sometimes arrested and detained arbitrarily and 

subjected to unwarranted criminal investigations because of 

their political affiliation.

Under the 1991 amendments to the Public Security Act, the 

police are authorized to extend periods of detention after 

submitting written notices to the Home Ministry.  The district 

court must be notified of a detention within 24 hours and may 

order an additional 6 months of detention before official 

charges must be filed.

Other laws, including the Public Offenses Act, permit arbitrary 

detention.  This Act and its many amendments cover such crimes 

as disturbing the peace, vandalism, rioting, and fighting.  

Under this Act, the Government detained hundreds of civil 

servants during a 55-day antigovernment strike in 1991.  Human 

rights monitors express concern that the Act vests too much 

discretionary power in the Chief District Officer (CDO), the 

highest ranking civil servant in each of the 75 districts.  

Under the Act, he is authorized to order detentions, issue 

search warrants, and specify fines and other punishments for 

misdemeanors without judicial review.  Detainees may appeal the 

decisions of the CDO's.

The Constitution prohibits exile, and it is not practiced.

     e.  Denial of Fair Public Trial

The judicial system consists of three levels:  district courts, 

appellate courts, and the Supreme Court.  The King appoints the 

judges on recommendations from the Judicial Council, a 

constitutional body chaired by the Chief Justice.  The Council 

is also responsible for the assignments of judges, disciplinary 

action, and other administrative matters.

The Constitution provides for the right to counsel, protection 

from double jeopardy and retroactive application of the law, 

and public trials, except in some security and customs cases.  

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 or suspend, commute, or remit any 

sentence.

The Supreme Court has increasingly demonstrated its 

independence.  It has ruled that important provisions in the 

1992 Labor Act and the 1991 Nepal Citizenship Act are 

unconstitutional.  Appellate and district courts have become 

increasingly independent, although they sometimes bend to 

political pressure.

Military courts adjudicate cases concerning military 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.

The authorities may prosecute terrorism or treason cases under 

the Treason Act.  Such trials are closed and are heard by 

specially constituted tribunals.  However, there were no such 

trials in 1994.

There is no credible evidence that the Government holds 

political prisoners.

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

         Correspondence

The Government generally respects the privacy of the home and 

family.  Search warrants are required before search and 

seizure, except in cases involving suspected security and 

narcotics violations.  Under the Police Act of 1955, as 

amended, the police are authorized to issue warrants for search 

and seizure.  Such warrants must be approved within 24 hours by 

the Chief District Officer in misdemeanor cases and court 

judges in felony cases.

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, and that no news article or any 

other reading material shall be censored.  Nevertheless, the 

Constitution prohibits speech and writings that would threaten 

the sovereignty and integrity of the Kingdom; disturb the 

harmonious relations among people of different castes or 

communities; promote sedition, defamation, contempt of court, 

or instigation to commit crime; or contradict decent public 

behavior or morality.

The Press and Publications Act provides for the licensing of 

publications and the granting of credentials to journalists.  

The Act includes penalties for violating these requirements.  

The Act also prohibits publication of material that, inter 

alia, promotes disrespect toward the King or royal family or 

undermines the dignity of the King, the integrity and 

sovereignty of the Kingdom, and security, peace, and order; 

creates animosity among the different castes amd religions; or 

adversely affects the good conduct or morality of the public.  

In 1992 the Government issued regulations amending the Act 

which established requirements for education and work 

experience to hold particular jobs in journalism.  The 

regulations also provide a basis for banning foreign 

publications.

There are scores, if not hundreds, of independent newspapers 

representing points of view across the political spectrum.  The 

two dailies with the largest circulation are government 

sponsored.  Their editors generally reflect government policy, 

but they occasionally publish articles critical of the 

Government and recommend alternative policies.  The Ministry of 

Communication occasionally provides editors with guidance.  The 

Government subsidizes newsprint materials to allow 

un-profitable papers to stay in business.

The Government owns and controls the sole radio and television 

stations.  Programming currently reflects a broader range of 

interests and political viewpoints than before the beginning of 

the political transformation in 1990, but still closely follows 

the government line.  The Government does not restrict access 

to foreign radio broadcasts or to the purchase of television 

satellite dishes.  The Broadcast Act of 1993 allows private 

parties to broadcast television and FM radio.  No private FM 

radio license was granted in 1994 although an application has 

been pending for months.  Two private television cable services 

began operations in Kathmandu in 1994, carrying foreign 

entertainment programs only.

The Government limits academic freedom to the same parameters 

as the media.  No overt efforts to enforce these limitations 

were reported in 1994.

     b.  Freedom of Peaceful Assembly and Association

Although the Constitution provides for freedom of assembly, 

this right may be restricted by law on such vague grounds as 

undermining the sovereignty and integrity of the State or 

disturbing law and order.  There were no reports of arrests or 

detentions for exercising these freedoms in 1994.  However, 

hundreds of persons were arrested before and during violent 

strikes and demonstrations organized by leftist parties.  

Protest leaders from radical leftist groups were placed in 

preventive detention before scheduled demonstrations on a 

number of occasions.  Most were released after the 

demonstrations finished.

     c.  Freedom of Religion

The majority of citizens are Hindu.  The Constitution describes 

Nepal as a Hindu kingdom, although it does not establish 

Hinduism as the state religion.  The Constitution permits the 

practice of all religions and prohibits discrimination on the 

basis of caste except for traditional religious practices at 

Hindu temples.  The Government has not interfered with the 

practice of other religions.  There is concern among 

non-Hindus, however, that a constitutional prohibition against 

converting another person could be used to limit expression of 

religious beliefs.  The authorities arrested 11 Christians in 

Ilam District in October for proselytizing near the entrance of 

a Hindu temple and blocking public access.

     d.  Freedom of Movement Within the Country, Foreign 

         Travel, Emigration, and Repatriation

The Constitution provides for freedom of movement and 

residence, and the Government generally does not restrict 

travel abroad.  However, the Government restricts travel to 

some areas on the Chinese border to foreign tourists and 

foreign residents, such as Tibetan refugees.  The Government 

allows citizens abroad to return home and is not known to 

revoke citizenship for political reasons.

The Government has no official refugee policy and is not party 

to the 1967 Protocol Relating to the Status of Refugees.  

However, in the past, the Government accepted and assimilated 

approximately 18,000 Tibetan refugees who still reside in 

Nepal.  In the mid-1970's, the Government ceased issuing 

identification cards to over 12,000 Tibetan residents.  They do 

not have legal proof that they live in Nepal.  Some of these 

undocumented residents who wished to travel abroad in 1994 

faced difficulties from authorities.

The United Nations High Commissioner for Refugees (UNHCR) has 

maintained an office in Kathmandu since 1989.  The Government 

aids UNHCR's efforts by facilitating access to refugees from 

both China and Bhutan.

The Governments of Nepal and China tightened movement across 

their border in 1986, but both sides observe such restrictions 

haphazardly.  The authorities continued to harass Tibetan 

asylum seekers who tried to cross the border with China.  In 

some cases, border officials demand bribes from would-be 

refugees (see Section 1.c.).  In some instances fighting has 

occurred between would-be refugees and the police.

In August the police fired on a group of 10 Tibetans who 

crossed the border in the Humla District, injuring 3 persons.  

One man was wounded by gunfire below the knee and his leg was 

later amputated.  The police claim that they were forced to 

open fire after the Tibetans attacked them and grabbed their 

weapons in an attempt to escape  The Tibetans claim that the 

police attempted to rob them.

As in previous years, the Government continued to use force to 

repatriate Tibetans to China against their will.  Reliable 

information is unobtainable, but some reports suggest the 

problem increased in 1994.

Ethnic Nepalese fleeing Bhutan continued to arrive in 1994 (see 

the report on Bhutan).  At year's end, the camps in 

southeastern Nepal housed 86,000 refugees, with another 15,000 

to 20,000 residing outside the camps.  These residents 

represent over one-sixth of Bhutan's estimated population 

before the exodus.

The UNHCR monitors the condition of the Bhutanese refugees and 

provides assistance for their basic needs.  The Government 

accepts the refugee presence on humanitarian grounds but is 

able to offer little more than a place to stay.  Living 

conditions in the camps have improved dramatically since 1992.  

Adequate clean water is available and health, sanitation, and 

nutrition standards are acceptable.  Conditions are actually 

somewhat better than those found in nearby areas.  Consequently 

violence has sometimes broken out between camp residents and 

the local population.  Relief organizations working in the 

camps sometimes distribute token relief supplies to local 

communities to defuse the situation.

In 1993 the Governments of Nepal and Bhutan formed a joint 

committee to resolve the refugee problem and to determine 

different categories of refugees in preparation for their 

future repatriation to Bhutan.  However, four rounds of talks 

have led to little concrete progress.

Section 3  Respect for Political Rights:  The Right of Citizens 

           to Change Their Government

After a parliamentary defeat in July, the Prime Minister 

requested the dissolution of Parliament and called for new 

elections.  The second parliamentary election in three decades 

was held on November 15.  Citizens exercised their right to 

change their government by voting out the NCP and returning the 

UML party to power.  Although there were some irregularities, 

observers concluded that overall the elections were free and 

fair.  The UML won 88 seats, the NCP 83, the National 

Democratic Party 20, the Nepali Workers and Peasants Party 4, 

and Sadbhavana Party 3, and independents 7.  The King invited 

the UML to form a new government in November.

The people, through their elected representatives, have the 

right to amend the Constitution with the exception of certain 

basic principles which they may not changed--sovereignty vested 

in the people, the multiparty system, fundamental rights, and 

the constitutional monarchy.

Parliamentary elections are scheduled every 5 years.  Midterm 

elections may be called if the ruling party loses its majority, 

or loses a vote of no confidence, or if it calls for 

elections.  Suffrage is universal to all citizens of age 18 and 

over.

The House of Representatives, the lower house, may send 

legislation directly to the King by a 50-percent vote.  The 

upper house, or the National Council, may amend or reject lower 

house legislation--although it may introduce legislation and 

send it to the lower house for consideration.

The King exercises certain powers with the advice and consent 

of the Council of Ministers.  These powers include exclusive 

authority to enact, amend, and repeal laws relating to 

succession to the throne.  The King's income and property are 

tax-exempt and inviolable, and no question may be raised in any 

court about any act performed by the King.  The Constitution 

also permits the King to exercise emergency powers in the event 

of war, external aggression, armed revolt, or extreme economic 

depression.  In such an emergency, the King may suspend without 

judicial review many basic freedoms including the freedoms of 

expression and assembly, freedom from censorship, and freedom 

from preventive detention.  However, he may not suspend the 

right to form associations and of habeas corpus.  The King's 

declaration of a state of emergency must be approved by a 

two-thirds majority of the lower house of Parliament.  If the 

lower house is not in session, the upper house exercises this 

power.  A state of emergency may be maintained for up to 3 

months without legislative approval and up to 6 months, 

renewable only once for an additional 6 months, if legislative 

approval is granted.

The Constitution bars the registration and participation in 

elections of any political party based on "religion, community, 

caste, tribe or region," or that does not operate openly and 

democratically.

There are no specific laws that restrict indigenous peoples, 

women, or minorities from participating in the Government or 

political parties, but lingering conservative traditions limit 

the influence of women and some castes and tribes in the 

political process.  The Constitution requires that each 

registered party must nominate at least 5 percent of its 

candidates for the House of Representatives.  Women constituted 

5 percent of party candidates in the November election.  Seven 

of 250 Members of Parliament are women.

Section 4  Governmental Attitude Regarding International and 

           Nongovernmental Investigation of Alleged Violations 

           of Human Rights

There are a dozen nongovernmental human rights organizations, 

including the Human Rights Organization of Nepal (HURON) and 

the Informal Sector Services Center (INSEC).  The Nepal Law 

Society also monitors human rights problems, and a number of 

single-issue nongovernmental organizations (NGO's) focus on 

specific problem areas such as torture, child labor, women's 

rights, or ethnic minorities.

The police regularly lend vehicles to human rights monitors to 

observe political demonstrations.  However, human rights 

organizations contend that at times the Government interferes 

with their operations.  For example, in May government 

personnel entered and inspected the offices of the Kathmandu 

chapter of Amnesty International.  The authorities claimed that 

they carried out a survey of the office in accordance with 

administrative norms, but several human rights groups 

maintained that a warrant was required for such a survey and 

organized a protest march.

Section 5  Discrimination Based on Race, Sex, Religion, 

           Disability, Language, or Social Status

The Constitution specifies that the State shall not 

discriminate against citizens on grounds of religion, race, 

sex, caste, or ideology.  However, there is a caste system.  

Discrimination against lower castes and women is common, 

especially in the rural areas of western Nepal.

     Women

Although the Constitution strengthened provisions regarding 

women, including equal pay for equal work, the Government has 

not taken effective action to implement this provision.  Women 

have benefited from various changes in marriage and inheritance 

laws.  In 1994 the Supreme Court struck down as 

unconstitutional provisions of the Citizenship Law that 

discriminated against foreign spouses of Nepalese women.  

However, many laws remain discriminatory.  The law grants women 

the right to divorce--but on narrower grounds than those 

applicable to men.  The Law on Property Rights also favors men 

in a number of ways, including the division of family property, 

inheritance, and land tenancy.

Women face discrimination, particularly in rural areas, where 

religious and cultural tradition, lack of education, and 

ignorance of the law remain severe impediments to their 

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

property in their own names.

According to the 1991 census, the literacy rate among females 

is 26 percent, compared with 57 percent among males.  Human 

rights groups report that girls attend secondary schools at a 

rate half that of boys.

Women's rights groups report that wife beating is common.  

Little public attention is given to violence against women in 

the home and the Government made no special efforts to combat 

it.

Trafficking in women is a deeply ingrained social problem in 

several of the poorest areas.  Estimates of the number of 

Nepalese girls and women working as prostitutes in India range 

between 150,000 to 200,000, although prostitution in the 

Kathmandu Valley is also a problem.  A children's human rights 

group states that 20 percent of the prostitutes are younger 

than 16 years old.  Women and girls are usually coerced into 

prostitution, but the extent of coercion is difficult to 

determine.  Newspapers occasionally report the arrest of those 

attempting to abduct young women or dupe them into going to 

India.  Economic incentives entice many other women.  In many 

cases, parents or relatives sell women and young girls into 

sexual slavery.  Among the Badini and Devaki of western Nepal, 

religious prostitution is a continuing problem.

The Government prosecutes some cases of coercive trafficking 

but takes few measures to stop it.  The spread of the acquired 

Immunodeficiency syndrome (AIDS) in India's red-light districts 

has discouraged the Government from promoting the return and 

rehabilitation of Nepalese prostitutes.

Government efforts focus more on preventing voluntary 

prostitution than on rehabilitation or prevention of coercive 

trafficking.  The Ministry of Labor and Social Welfare sponsors 

job and skill training programs in several poor districts known 

for sending prostitutes to India.  Several NGO's have similar 

programs.

There is a growing number of women's advocacy groups, and 

nearly all political parties have their own women's groups.  

Female Members of Parliament have begun working for the passage 

of tougher laws for crimes of sexual assault, but have had 

little success so far.

     Children

The Child Act of 1992 provides legal protection for children in 

the workplace and in criminal proceedings.  Although it calls 

for the establishment of child welfare committees and 

orphanages, few such facilities have been established.  The 

Labor Act of 1992 prohibits employment of minors under 14 years 

of age, but employees widely ignored the law.

Children under the age of 16 work in all sectors of the 

economy.  Children's rights groups estimate that up to half of 

Nepal's children are engaged in income-generating activities.  

At the beginning of 1994, child labor in the carpet industry 

was prevalent, but the problem lessened by year's end.  

Government officials and carpet manufacturers concerned about 

negative publicity moved to eliminate child labor and some 

factories are establishing schools to retrain child laborers 

(see Section 6.d.).

Prostitution and trafficking in young girls are serious 

problems (see Section 5.).

Approximately 80 innocent children under the age of 12 are 

incarcerated with their parents because the Government has not 

established juvenile homes (see Section l.c.).

     National/Racial/Ethnic Minorities

Nepal has over 75 ethnic groups speaking 50 languages.  The 

Constitution provides that each community "shall have the right 

to preserve and promote its language, script, and culture."  It 

further specifies that each community has the right to operate 

schools up to the primary level in its mother tongue.

Discrimination against lower castes is especially common in the 

rural areas of western Nepal.  Although the public shunning of 

"untouchables" has been outlawed, an exception was retained for 

traditional practices at Hindu religious sites.  Economic, 

social, and educational advancement 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 opportunities for lower socioeconomic groups.  

Although higher and better educated urban-oriented castes 

(Brahmin, Chhetri, and certain elements of the Newar community) 

continue to dominate in politics and senior administrative and 

military positions, the representation of other castes and 

ethnic groups is slowly increasing.

The Government has moved slowly in establishing programs for 

ethnic minorities and has not enacted any legislation to 

safeguard their rights.  Most government officials are Brahmin, 

Chhetri, or Newar.  Other groups or castes not in the governing 

elite are unable to participate fully in decisions affecting 

their lands, cultures, traditions, and the allocation of 

natural resources in their territories.

In remote areas, school lessons and national radio 

transmissions are often conducted in the local language.  

However, in areas with nearby municipalities, education at 

primary, secondary, and university levels is conducted almost 

exclusively in Nepali.  Human rights groups report that the 

languages of the small Kusunda, Dura, and Meche communities are 

nearly extinct, and that non-Hindu peoples are losing their 

culture.

     People with Disabilities

There are no government programs specifically designed to deal 

with the problems faced by disabled persons, nor has 

legislation been enacted to mandate accessibility to public 

buildings or to employment, education, and other state 

services.  Persons who are physically disabled normally rely on 

family members to assist them.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution provides for the freedom to establish and join 

unions and associations.  It permits restrictions of unions 

only in cases of subversion, sedition, or similar conditions.  

Following the beginning of the political transformation in 

1990, trade unions are still developing their adminstrative 

structures to organize workers, bargain collectively, and 

conduct worker education programs.  Although trade unions were 

initially associated with political parties, they are becoming 

increasingly independent.

Union participation in the formal sector is significant, but 

this sector employs a very small portion of the labor force.  

In 1992 the Parliament passed the Labor Act and the Trade Union 

Act and formulated enabling regulations.  However, the laws 

have not yet been fully implemented.  The Trade Union Act 

establishes the procedures for establishing trade unions, 

associations, and federations.  It also protects unions and 

officials from lawsuits arising from any actions taken in the 

discharge of union duties, including collective bargaining.

The law permits strikes, except by employees in "essential 

services" such as water supply, electricity, and 

telecommunications.  The Government is empowered to halt a 

strike or suspend a union's activities if the union disturbs 

the peace or adversely affects the nation's economic 

interests.  Under the Labor Act, a legal strike must be 

approved by 60 percent of a union's membership in a vote by 

secret ballot.  However, several illegal strikes took place in 

1994, especially to protest retrenchment in public enterprises 

under the Government's administrative reform program.  Most 

received little publicity and were ineffective.

Even though implementing legislation is not yet in place, some 

unions are moving ahead quickly.  The Nepal Trade Union 

Congress, a national federation representing nearly 200,000 

members, held its first national convention in February.

The Government does not restrict unions from joining 

international labor bodies.  Several trade federations and 

union organizations maintain a variety of international 

affiliations.

     b.  The Right to Organize and Bargain Collectively

The Labor Act provides for collective bargaining.  Although the 

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

Act's provisions have not been established, collective 

bargaining has been the primary mechanism for setting wages 

since April 1990.  An estimated 20 percent of wage earners in 

the organized sector are covered by agreements.

Other than the Trade Union Act, there are no legal provisions 

prohibiting discrimination against union members or organizers 

by employers.  There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The 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 small formal sector 

but is unable to enforce the law outside that sector.

Large numbers of women are forced to work against their wills 

as prostitutes (see Section 5).  Bonded labor is a continuing 

problem, especially in agricultural work.  Bonded laborers are 

usually members of lower castes.  Over 25,000 ethnic Tharu 

families are estimated to be under the "Kamaiya" or bonded 

labor system in the Terai region.  The Government has not yet 

enacted legislation or taken other significant steps to address 

the problem.

     d.  Minimum Age for Employment of Children

The Constitution stipulates that children shall not be employed 

in factories, mines, or similar hazardous places.  The law 

establishes a minimum age for employment of minors at 16 in 

industry and 14 in agriculture.  Children between the ages of 

14 and 16 are limited to a 36-hour workweek.  Despite the law, 

child workers are found in all sectors of the economy (see 

Section 5).

Up to half of Nepal's children are engaged in income generating 

activities, mostly in agriculture.  At the beginning of 1994, 

children constituted as much as one-third of the workers in the 

export-oriented carpet industry.  This figure dropped to about 

5 percent at year's end after negative publicity prompted the 

Government and manufacturers to move to eliminate child labor 

in carpet factories.  The Government is working with the carpet 

industry to establish a certification for carpets made without 

child labor.

The Department of Labor's enforcement record is improving.  In 

the urban formal sector, it has had some success in enforcing 

laws relating to permanency, minimum wage, and holidays.  

Government inspectors are also increasing their monitoring of 

the abuse of child labor in carpet factories.

     e.  Acceptable Conditions of Work

The Labor Act sets a minimum monthly wage of $23 (1,150 rupees) 

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 International Labor 

Organization has noted that the Government has undertaken an 

effort to ensure that female workers receive equal pay for 

equal work.

The Labor Act calls for a 48-hour workweek, with 1 day off per 

week, and limits overtime to 20 hours per week.  Health and 

safety standards, and other benefits such as a provident fund 

and maternity benefits, are also established in the Act. 

Implementation of the new Labor Act has been slow, as the 

Government has not created the necessary regulatory or 

administrative structures to enforce its provisions.  Workers 

do not have the right remove themselves from dangerous work 

situations.  Although labor officers are authorized to order 

employers to rectify unsafe conditions, enforcement of safety 

standards has been minimal. (###)

[Source: US Dept of State]