Background:
Recognizing
the need for a comprehensive statement of women’s entitlements to equality in a
form that would be legally binding on State parties, CEDAW was adopted by the
United Nations on 18th December 1979. The adoption of the Convention, the
culmination of decades of international efforts to protect and promote the
rights of the world’s women, was opened for signature by state parties in 1980
and came into force in September 1981. The treaty holds the states accountable
for denial of women’s rights, whoever the offender.
Introduction:
Nepal and CEDAW
As a member
of the United Nations, Nepal is a party to a large number of international
legal instruments concerning women and has also accepted the jurisdiction of
the International Court of Justice in the application and interpretation of the
instruments. Right after the restoration of the multi-party democracy system in
Nepal on 22 April 1991, the then interim government ratified CEDAW without any
infrastructural arrangement and reservation. The government was all too willing
to ratify CEDAW, as ICCPR was ratified only on May 14, 1991 with the pressure
of a few human rights organization to accede on it with the belief that ratifying
the treaty at least will open avenues for human rights and women’s rights
organizations and the general people to pressure the government to continuously
work in the direction of creating the infrastructure required for the effective
implementation of CEDAW.
Despite some
attempts to popularize CEDAW, the fact of the matter is that many people
including those in the decision making and implementation authorities are
unaware of the ratification and existence of the Convention. After ratification
of CEDAW, it was not communicated in the public media including government
media. Women rights NGOs became more aware of the Convention after a CEDAW
workshop organized by IWRAW Asia Pacific in 1993.
Ratifying
CEDAW, the State has recognized the existence of discrimination and inequality,
a strong commitment seems to have been made in the Ninth Plan to review
existing legislation on women and to enact appropriate laws in accordance with
the international instruments. The main goal of the plan is to achieve equality
through empowerment of women in social, economic, political and legal fields
and mainstreaming them into national development. These commitments are somehow
transferred in the latest national policies and plan of action prepared by
Ministry of Women and Social Welfare but implementation of the promises have
been very weak due to the social value system, inadequate monitoring and
evaluation systems for programs, poor enforcement concerning women’s rights.
Several cases
on discrimination filed in the Court, challenged the legal provisions
prevailing in our law. In each case, the question of State obligation under the
various international instruments, Treaty Act and the Constitution were raised.
However, in none of these cases did the Court try to develop the jurisprudence
of State obligation under international instruments in the domestic context.
Hence there is a need of a clear definition of law with the principle of
equality and non discrimination. As a result of judicial interventions in many
cases, the government had to submit a Bill in the Parliament acknowledging in
its Preamble itself that its objective was to amend the existing discriminatory
laws and maintain balance in the society since Nepal was a signatory to the
Convention on Elimination of All forms of Discrimination Against Women, and
also as a decision of the court.
Few
initiatives to enact the special laws are taken which includes a compulsory
five percent of women candidates from each political party in the general
election of lower house, three seats in the upper house and 20 per cent of
seats reserved in the local government as CEDAW recognizes that different
policies may be formulated and applied to women in order to realize substantive
rather than formal gender equality. However, these are limited measures to
advance the condition of women and more activities have to be conducted to
incorporate CEDAW into domestic legislation. Women have not been able to
practice their rights due to the social, cultural and religious value system.
Despite the negative
interpretation about the status of women in the society, the challenges against
the existing laws had a positive impact as a result of which women are
relatively more empowered. Because of the court decisions, the entire society
was forced into rethinking the patriarchal structure, male supremacy, and the
status of individual freedom of women. Women have begun to be vigilant about
the issues and link them with the broader issue of equality.
Fourth and fifth report 2011
Following the popular movement of April 2006 Nepal has made
significant progress in the field of gender equality and women empowerment. During
this period Nepal has made significant progress in the sphere of protection to,
promotion and fulfillment of the rights emanated from the CEDAW. Nepal has
ratified Optional Protocol to the CEDAW. It has incorporated many significant
provisions in the Interim Constitution of Nepal, 2007 and enacted many valuable
legislations such as the Domestic Violence (Crime and Punishment) Act, the Human Trafficking and Transportation
(Control) Act, National Women Commission Act, the Citizenship Act, An Act to
Amend some Nepalese Acts to Maintain Gender Equalities, An Act to Amend some
Nepalese Acts relating to the Court Management and Administration of Justice
and 11th Amendment
of the Country Code.
Many laws contain affirmative provisions to facilitate women’s access
to, or involvement in, various spheres of public activities. Legislative moves
are afoot to amend some 60 more discriminatory provisions in the law, to outlaw
harmful social practices and to prevent sexual harassment in the workplace. Accordingly
many rules are framed and plans, action plans and programmes are being
implemented. Out of 45% reserved seats, 20% seats are allocated for women only
in government services. Women's literacy has been increased significantly and
school-drop-out rate of girls has declined. Sharp decline of Maternal Mortality
Rate is worth to mention. Abortion and delivery facilities have been expanded
throughout the country. Social security for women in general and widows in
particular have been increased and expanded. Gender budgeting system is
introduced, where the proposed budget for fiscal year 2011/12, 19% is directly
planned for women related programs and 45% is indirectly responsive in closing
the gender gap.
Conclusion:
However, the policy of adopting
special provisions regarding international instruments in domestic legislation
has generally been followed by the state for providing women their rights. Ironically, programs for the implementation of
such policies are not adequate. As a result, there is no significant improvement
in the situation of women’s human rights and the international commitments made
by the country in this regard have remained mere commitments with less
achievement. The challenge, therefore, is to recognize the need of stable and accountable
government, who are aware about their commitment nationally, internationally with
the political commitment and to have strong NGO monitoring.
Dhan Prasad Pandit
Assocoate professor Gender Studies and Political Science
Department .
Padma Kanya Campus T. U. 2070 BS .
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