EMPTY PROMISES STALLING GENDER EQUITY IN NEPAL
BY SANGEETA RIJAL

June 7, 2004 – (Kathmandu Post) The government’s repeated promises of creating a discrimination-free society for women was virtually torn to pieces during a recently held review meeting at the United Nations Headquarters.It is thirteen years since Nepal became party to the CEDAW (Convention on the Elimination of all forms of Discrimination Against Women), however, to quote a study there still exist 137 discriminatory legal provisions in 85 legislations, including those in the Constitution.

Salina Joshi, a member of the CEDAW Monitoring Committee (CMC) who took part in the committee meeting held during January 12-30, says women are being treated as subordinate beings in almost all fields. "Women face discrimination in the field of property, employment, marriage, divorce, sex rights, legal and court procedure and above all, nationality," points out Joshi.

The CMC, during its latest 30th session, pointed out the utter failure of the government in implementing the CEDAW, and for the first time, has recommended amending the supreme statutory document -- the Constitution.

Against the backdrop of endorsing the 11th Amendment of the "discriminatory" Civil Code (Muluki Ain), which legalized abortion (albeit conditionally), 29 women inmates convicted for the same have still not been able to breathe fresh air outside the four walls, according to the Forum for Women, Law and Development (FWLD).

Likewise, experts claim that no law has yet been enacted to address problems such as domestic violence and sexual harassment at manifold levels, let alone the problems of refugees, single, conflict-hit and migrant women.

An FWLD study says that 48 per cent of workingwomen are sexually harassed at their work places. Another study conducted by SAATHI found that family members are responsible for 77 percent of domestic violence.

Nepali women cannot escape discrimination even while applying for foreign employment, as single women below-35 need the consent of appropriate male relative for acquiring a passport.

Another CMC member Durga Ghimire says, "The government is yet to consider trafficking as a national issue in practice".

"Bilateral treaty between the home country and the receiving country is a must, but the government is not doing so," laments Ghimire. The government has still not ratified the SAARC convention on anti-trafficking despite its public commitment to do so.

On the refugee front, of the 100,000-plus Bhutanese refugees languishing in UNHCR-run camps in Nepal, approximately 50 percent are women. According to Joshi, refugee women being trafficked to India for prostitution, rape inside the camp, denial of ration, polygamy is on the rise.

These problems remained unanswered in the government report submitted to the UN Committee.

Definition of marital rape as a crime by the Supreme Court, commitment of reviewing the existing legislation in the Tenth Five Year Plan are other positive steps towards gender equity from the state side.

Government officials claim that the state has already started working on the recommendations made by the CEDAW Committee. Secretary at the Ministry of Women, Children and Social Welfare, Shyam Sundar Sharma, says it is impossible to change the annual programs though he agrees with the conclusion of the CEDAW meeting. "But the government is committed to widely address issues of women in its national budget."

However, women activists have a question: Is it another hollow commitment?

From: http://www.kantipuronline.com/kolnews.php?&nid=12769