Under no circumstance the rights already acquired by women and marginalised individual and groups should be restricted, the committee has said in its Nepal-specific report that was adopted on November 28. The recommendation and decision was first forwarded from Geneva to Nepal government for the latter’s consideration before it was made public.  

The UN committee has also called on the government to end corruption, expressing concerns that it has hampered people’s access to resources to enjoy economic, social and cultural rights.

As Nepal is a party to the Covenant, the recommendation and adoption made by the UN committee are binding and mandatory for execution.

The committee has also noted that the process of consideration of the claims for recognition by some indigenous peoples has not yet completed.

“Ensure that indigenous peoples are represented through their own chosen representatives in the work of the Constituent Assembly and in the decision making-process on all issues that affect them. Guarantee the right of indigenous peoples to own, use and develop their ancestral lands, territories and resources to enable them to fully enjoy their economic, social and cultural rights,” the committee has asked the government.

 The UN committee has also renewed its call to adopt national refugee protection framework with the 2007 Supreme Court order.

In new constitution, the committee has urged the government to take necessary measures to effectively implement Nepal’s non-discrimination legislation to allow women to exercise their rights to inherit, and own land and assets in their names. “Nepal should increase the representation of women, including Dalits and indigenous women, in decision-making positions in public and political affairs.”

Stating that women and girls, in particular of Dalit origin, continue to suffer harmful traditional practices such as forced and early marriages, accusation of witchcraft, indentured labour and Chhaupadi, the committee urged the government to implement necessary measures to eradicate such practices, and provide protection and rehabilitation to the victims.

The committee has also called on Nepal to improve the condition of population based on informal economy sector, calling for enforcing the minimum wages and steps to rehabilitate former Kamaiya, Haliya and Kamlari, particularly in western Nepal.