E/C.12/NPL/CO/2
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B. Positive aspects
4.
The Committee welcomes the significant progress made over the past year toward
achieving peace and stability in the State party, notably the reinstatement of the House of
Representatives in April 2006, the conclusion of a Comprehensive Peace Accord (CPA) between
the Government and the Communist Party of Nepal-Maoist in November 2006, the measures it
has subsequently taken to transform Nepal into a secular State, as well as the adoption of an
Interim Constitution in January 2007 which incorporates many economic, social and cultural
rights.
5. The Committee notes with satisfaction that the Interim Constitution has elevated the National
Human Rights Commission to a constitutional body, and that the National Human Rights Action
Plan has been renewed for a further three years.
6. The Committee welcomes the improved institutional arrangements in the State party for
monitoring the implementation of the Covenant. It also welcomes the establishment of the
National Women’s Commission as a statutory body.
7. The Committee welcomes the measures taken by the State party to abolish discrimination on
the basis of caste and feudal practices detrimental to the enjoyment of economic, social and
cultural rights of traditionally marginalized groups, including the Dalit, Kamaiya, Madhesi,
Tharu and others. In this regard, it welcomes the prohibition of untouchability and other
discrimination on the basis of caste in the Interim Constitution and the enactment of the Bonded
Labour (Prohibition) Act of 2002.
8. The Committee notes with satisfaction the measures, legislative or otherwise, taken to
provide for equality between women and men, in particular the amendment of the Country Code
to abolish discrimination in inheritance matters.
9. The Committee welcomes the ratification in 2002 by the State party, of the ILO Convention
No. 29 (1930) on Forced Labour and Convention No. 182 (1999) on the Worst Forms of Child
Labour, and the endorsement, on 28 August 2006, by the House of Representatives, of a
resolution directing the Government of Nepal to ratify the ILO Convention No. 169 (1989) on
Indigenous and Tribal Peoples.
C. Factors and difficulties impeding the implementation of the Covenant
10. The Committee takes note that the State party’s efforts to comply with some of its
obligations under the Covenant are impeded by the consequences of the divisive and violent
conflict, namely a large numbers of victims and families of victims, a large numbers of displaced
persons, and a severely damaged physical infrastructure that hinders the mobility of persons,
goods and essential public services.