Combined Fourth and Fifth Periodic Reports of States Parties: Nepal

1. An introductory background of Nepal was provided in May 1997 in its initial report to the Committee on the Elimination of Discrimination against Women. During the period between the previous report and the current one, Nepal has undergone a great political
transformation. Monarchy has been abolished and the country has become a republic. The peace process that began with the signing of a Comprehensive Peace Accord between the Government and the Communist Party of Nepal (Maoist) in November 2006 has been making a steady progress. Elections to the Constituent Assembly along multi-party lines were held in April 2008 in which a combination of both the first past-the-post and the proportional representation systems was adopted. The Constituent Assembly which also works as the Legislature Parliament thus constituted has been hailed as one of the most representative institutions of its kind around the world. Almost a third of the 601 members of the Constituent Assembly are women. A new democratic constitution is under preparation by the Constituent Assembly, and the restructuring of the State in line with the federalism is high on the agenda. This is indeed a great positive development, and this carries in itself the prospects of even greater changes in the socio-economic and political life of the country in the days ahead.

2. Social inclusion is a must for the socio-economic transformation of Nepal. The special provision of 33 per cent women participation in all State mechanisms and the restructuring of the state with emphasis on inclusiveness are momentous developments. The Proclamation made by the then House of Representatives in 2006 (annex I) along with the provision of the Interim Constitution of Nepal (annex II) give explicit recognition and importance to gender equality. A number of affirmative provisions in favour of women have been made in the Interim Constitution with a view to ensuring right to equality for all. The constitutional framework aims to enhance social harmony through equality, equity, inclusiveness and proportionate representation.

3. The National Plan of Action (NPA) for CEDAW is being practically implemented in Nepal. Almost 33 per cent of the Constituent Assembly members are women. This is a clear indication of the realization of women's role and contributions to the constitution making process as well as the creation of an inclusive political environment in the country. Incorporating gender-friendly provisions in the new constitution, ensuring women's increased participation at different levels of governance, formation of women's caucuses and groups so as to protect and promote women's rights and interests in the society are some of the core issues high on the national agenda at the moment. The Nepalese civil society has played a supportive role to bring about this positive change.

4. The NPA covering various sectors such as education, health, women empowerment, anti-human trafficking, child protection and development, persons with disability and senior citizens are being formulated with wider consultation and participation of the stakeholders. Moreover, the National Human Rights Commission (NHRC), the National Dalit Commission (NDC), and the National Foundation for the Development of Indigenous Nationalities (NFDIN) are all striving for the protection and promotion of the rights of marginalized citizens. Furthermore, the National Women's Commission (NWC) is committed for the protection and promotion of human rights of women in Nepal.

5. The Government of Nepal submitted its initial report in May 1997 and an Addendum to that in May 1999. Thereafter, in compliance with the concluding comments. The Government also submitted a combined second and third periodic report in April 2003 (CEDAW/C/NPL/2-3) which was considered by the Committee during its 630th and 631st meetings, on 13 January 2004.

6 The present report has been prepared by following the guidelines as provided by the Committee. Major steps in the process include:

• Formation of CEDAW Reporting Coordination Committee (CRCC) under the chairpersonship of the Secretary of the Ministry of Women, Children and Social Welfare
• Formulation of the Plan of Action
• Collection of information from different agencies and institutions, including interview with departmental heads and focal persons of various organizations
• Review and analysis of the collected information and data
• Development and dissemination of draft report and collection of feedbacks from the four regional consultation meetings
• Dissemination of updated draft for national consultation
• Finalization of the report by the CRCC
• Inputs/comments/suggestions sought from the Ministry of Law, Justice and Constituent Assembly Affairs, the Ministry of Foreign Affairs, the NHRC and the NWC
• Final approval from the Council of Ministers (Cabinet), the Government of Nepal

7. The present report covers the period from 2001 to 2008 and comprises four parts. Part I attempts to address the ‘principal areas of concern and recommendations provided by the Committee after consideration of the combined second and third periodic reports. Part II provides the details of new developments on the substantive rights under the Convention, including the general recommendations of the Committee followed by basic information, change initiatives and challenges ahead. Part III includes the progress made on 12 critical areas identified by the Beijing Platform for Action (BPFA). Finally, Part IV touches upon some of the emerging issues.