E/C.12/NPL/CO/3
Situation of former bonded labourers
18.
The Committee is concerned that, although the traditional bonded labour system
(Kamaiya, Haliya and Kamalari) has been formally eradicated and measures have been
taken for the rehabilitation of former bonded labourers, many of them, in particular in the
western part of Nepal, face obstacles to social reintegration, due to their lack of skills and
lack of access to fertile land for cultivation, which leads them to return to their previous
employers, by whom they are often exploited (arts. 2 and 7).
The Committee recommends that the State party increase its efforts to ensure that
freed bonded labourers are entitled to full rehabilitation and integration, in particular
through access to fertile lands for cultivation and to housing, food, health, education
and vocational training for income-generating activities and employment.
Women migrant workers
19.
The Committee is concerned that women migrating from Nepal in search of work
are subject to unfair working conditions and to violence and abuse in some host countries.
(arts. 3 and 7).
The Committee recommends that the State party:
(a)
Provide adequate information to women migrant workers on procedures
for access to, and enjoyment of, their economic, social and cultural rights;
(b)
Continue to sign bilateral agreements with host countries and monitor
their enforcement in order to better protect the rights of women migrant workers.
Domestic violence
20.
The Committee is concerned about the prevalence of gender-based violence,
including domestic and sexual violence, in particular among the Dalit and other
disadvantaged groups, despite the adoption of the Domestic Violence Act in 2009, the
Domestic Violence (Crime and Punishment) Regulations in 2010 and other measures. The
Committee is also concerned about the lack of information on the protective measures
provided to victims of domestic violence, including assistance, rehabilitation and shelters.
The Committee is further concerned about the lack of information on investigations,
prosecutions, convictions and sanctions against the perpetrators. The Committee regrets the
lack of information on the impact of awareness-raising campaigns on the reduction of
domestic violence, carried out by the State party (art. 10).
The Committee recommends that the State party:
(a)
Enforce its legislation on domestic violence;
(b)
Investigate cases of gender-based violence, prosecute the perpetrators
and punish them with adequate sanctions if they are convicted;
(c)
Facilitate complaints from victims of gender-based violence and their
access to justice, and protect them from any kind of reprisals;
(d)
Continue to provide law enforcement officials with the necessary
training on gender-based violence, including domestic and sexual violence;
(e)
Develop protective and rehabilitation measures, including shelters and
hotlines for victims;
(f)
Increase awareness-raising campaigns on women’s rights and the
negative effects of gender-based violence, in particular in rural and remote areas and
among disadvantaged and marginalized groups;
7