E/C.12/NPL/CO/3
(d)
Seek their free, prior and informed consent before launching any
development project;
(e)
Continuously monitor the projects being developed so as to take
corrective measures, if necessary;
(f)
Provide displaced families and groups with fair and adequate
compensation;
(g)
Incorporate the provisions of ILO Convention No. 169 in its domestic
law.
Refugees
10.
The Committee is concerned that the lack of a refugee law and an appropriate
refugee status determination procedure constitute obstacles to refugees fully enjoying their
economic, social and cultural rights, despite a Supreme Court order of 2007 to enact such
legislation. It is also concerned at reports that, under the 1994 Immigration Rules, refugees
and asylum seekers are penalized by the imposition of fines per day that they overstay in
the territory of the State party. The Committee is further concerned that some Tibetan
refugees remain unregistered and do not possess identification documents. The Committee
regrets that the State party has not yet acceded to the 1951 Convention relating to the Status
of Refugees (art. 2).
The Committee recommends that the State party adopt a refugee law in order to put
in place a national refugee protection framework in compliance with the Supreme
Court order of 2007. It also recommends that the State party proceed to register all
Tibetan refugees in its territory and provide them with identification documents. The
Committee further recommends that State party consider ratifying the 1951
Convention relating to the Status of Refugees.
Caste-based discrimination
11.
The Committee is concerned that article 13 of the interim constitution, which
guarantees the right to equality and non-discrimination, does not include provisions against
discrimination on the grounds of property and birth. While noting the adoption of the CasteBased Discrimination and Untouchability (Offence and Punishment) Act, in 2011, the
Committee is concerned that Dalits continue to face widespread discrimination in the
enjoyment of economic, social and cultural rights, in particular access to education, health
care, food, housing, employment and income-generating activities and that Dalit women are
victims of multiple discrimination, as they are more vulnerable to sexual exploitation,
trafficking and various forms of violence, including domestic violence. . The Committee is
further concerned that the National Dalit Commission does not have adequate resources to
carry out its mandate (art. 2).
The Committee urges the State party to:
(a)
Include provisions in the constitution making it unlawful for property
and birth to be used as grounds for discrimination;
(b)
Take all measures for the effective implementation of the Caste-Based
Discrimination and Untouchability (Offence and Punishment) Act, in particular by
sensitizing law enforcement officials, investigating and prosecuting those responsible
for discrimination against Dalits and conducting awareness-raising campaigns on the
rights of Dalits;
4