usband, who used to be a sector head. I have not gotten approval to get a
separate ration card. Instead, my sector head promises me that I can get my
share.62 The household registration and ration card system discriminates
against all women, and especially affects those in abusive relationships or in
polygynous households. In the refugee camps, men often take second wives and
effectively abandon the first wife and her children. In other cases, first or
second wives choose to leave abusive marriages and seek independence from their
husbands. Human Rights Watch interviewed fourteen Bhutanese refugee women in
abusive relationships and in bigamous marriages who were unable to obtain
separate ration cards. Although they had often severed all ties, a woman and
her children would still be linked to her husband on the household card,
reducing their ability to access their full share of rations. In most cases
they collected their portion of food rations separately on distribution days,
but had to improvise separate living arrangements.63 They could not obtain
their own set of household goods like a stove, cooking utensils, and soap.
Twenty-five-year-old Ganga P. was brutally beaten by her husband, who
threatened her with a knife. She sought help from her sector head and the
counseling board, but was told to return to her husband. She told Human Rights
Watch: I am the second wife. We stayed together for two months. I was beaten up
and requested to stay separately. My husband agreed. We have not had a
conversation since. My ration card is still with him. I collect my own share
[of food] and have no problems with rice. But there is a misunderstanding about
soap. The policy is that we're not allowed to get separate ration cards. I had
asked the subsector head and sector head and was told it can't be separated.64
The current registration and ration distribution system also affects children's
access to rations. If their parents are separated, children in the camps often
live with their 62 Human Rights Watch interview with Geeta M., Bhutanese
refugee camps, Nepal, March 26, 2003. 63 Most women moved into other relatives'
huts, added a partition to a relatives' hut, or built a separate dwelling from
materials they independently purchased. 64 Human Rights Watch interview with
Ganga P., Bhutanese refugee camps, Nepal, March 26, 2003. Human Rights Watch 34
Volume 15, No. 8 (C) mother. Typically, these children, along with their
mothers, access their food rations through ad hoc arrangements with the
subsector head, but have less access to other types of household goods.
Children living with their fathers may also face difficulties obtaining their
share of aid. Youth advocates from the Children's Forum highlight abuse from
fathers and stepmothers as one of the most pressing children's problems in the
camps. At times, the abuse takes the form of depriving children their full food
rations. One refugee mother, Maya N., said she works as an agricultural laborer
outside of the camps in order to earn extra money to buy food for her children,
who live with their father and stepmother. She told Human Rights Watch: My
first husband took a Tamang girl as a second wife. Now he beats my four
children. My children are treated badly by the second wife and are not given
their share of food. My son says he doesn't get food. I want him to shift to my
new husband's ration card. I cut rice in the village from 7 a.m. to 4 p.m. I
get Rs. 50 [U.S. $0.64].65 I have to work all day long in the heat, for the
benefit of the children. 66 Maya N. remarried and is now on the ration card of
her second husband. He refuses to apply for Maya N.'s children to switch to
their ration card. Because of the current camp registration policies, she is
unable to obtain her own ration card and to ensure independently that her
children receive the ir aid entitlements. 65 Throughout this report, the
exchange rate used is 78 Nepalese Rupees to the U.S. dollar, the rate on July
31, 2003. 66 Human Rights Watch interview with Maya N., Bhutanese refugee
camps, Nepal, March 26, 2003. Human Rights Watch 35 Volume 15, No. 8 (C) V.
GENDER-BASED VIOLENCE IN REFUGEE CAMPS The unequal status of women and girls in
society generally increases sharply their vulnerability to gender-based
violence during humanitarian crises. All too often, they suffer or must flee
the risk of sexual violence in situations of armed conflict. They may also
encounter violence while traveling to safety. In refugee camps, disruptions to
community support structures, unsafe physical surroundings, separation from
families, and patriarchal governing structures often heighten women and
children's vulnerability to gender-based violence.67 Problems with camp
location and design may exacerbate these problems. For example, many Burundian
refugee women and girls in Tanzania were raped while traveling long distances
to collect firewood.68 In protracted refugee situations, additional factors
contribute to gender-based violence. Refugees are often frustrated by their
long-term refugee status and unemployment. Rates of alcoholism as well as
anxiety and depression may be high. Competing international crises and
seemingly intractable refugee situations may result in "donor fatigue." In some
cases, as funding and international attention has decreased, the combination of
scarce resources and male-dominated camp leadership and distribution structures
has exposed refugee women and girls to exploitative situations where they
exchanged sexual favors for aid supplies.69 The longer a refugee situation
persists, the more entrenched refugee-run management structures may become, and
the presence of international NGOs and UNHCR often diminishes. Empowering
refugees in camp administration is often a desired and positive outcome, but,
in many cases, their governing structures involve harmful traditional practices
and conflict-resolution methods that perpetuate gender-based violence. In these
situations, victims frequently cannot access support services or seek remedies
for violations of their rights. Sexual exploitation in refugee camps received
international attention after the release of a report by UNHCR and Save the
Children-UK in 2002 that detailed the widespread practice of refugee children
exchanging sex with humanitarian aid workers in order to access food, housing
supplies, and other goods in refugee camps in Guinea, Liberia, and Sierra
Leone.70 If appropriate preventive and remedial mechanisms are not in place,
refugees may be vulnerable to sexual exploitation by humanitarian aid workers,
police, and government officials. Discriminatory practices reducing women's
participation and leadership in refugee settings and women and girls' unequal
social, legal, and economic status place them at particular risk of sexual
exploitation. 67 Beth Vann, Gender-Based Violence, Emerging Issues in Programs
Serving Displaced Populations (Arlington, VA: Reproductive Health for Refugees
Consortium, 2002); Jeanne Ward, If Not Now, When? Addressing Gender-based
Violence in Refugee, Internally Displaced, and Post-conflict Settings, A Global
Overview (New York City: Reproductive Health for Refugees Consortium, 2002). 68
Human Rights Watch, Seeking Protection , p. 45. 69 UNHCR and Save the Children-
UK. Sexual Violence and Exploitation: The Experience of Refugee Children in
Liberia, Guinea, and Sierra Leone (Geneva/London: UNHCR/SC-UK, 2002). 70 Ibid.
Sexual exploitation refers to "any abuse of a position of vulnerability,
differential power, or trust for sexual purposes; this includes profiting
monetarily, socially or politically from the sexual exploitation of another."
Inter-Agency Standing Committee, "Report of the Task Force on Protection from
Sexual Exploitation and Abuse in Humanitarian Crises," June 13, 2002 [online],
http://www.unicef.org/emerg/IASCTFReport.pdf (retrieved March 18, 2003). Human
Rights Watch 36 Volume 15, No. 8 (C) Guidelines for Preventing and Responding
to Gender-Based Violence The West Africa "sexual exploitation" scandal provided
impetus for a re- evaluation of United Nations and NGO employee codes of
conduct as well as methodologies for addressing gender-based violence in
humanitarian crises. The Inter- Agency Standing Committee (IASC), a body of
U.N. agencies and NGO invitees, established a Task Force on Protection from
Sexual Exploitation and Abuse in Humanitarian Crises (IASC Task Force) in March
2002. 71 The IASC Task Force's mandate was "to make recommendations to
eliminate sexua l exploitation and abuse by humanitarian personnel and the
misuse of humanitarian assistance for sexual purposes." 72 The IASC Task Force
identified core principles for a code of conduct for all humanitarian workers
in its Plan of Action. 73 UNHCR has independently developed a number of
guidelines and manuals to ensure the protection of refugees, internally
displaced people, and returnees.74 Among the most important guidelines for the
protection of refugee women are the 1991 Guidelines for the Protection of
Refugee Women and the 2003 Sexual and Gender-Based Violence Against Refugees,
Returnees, and Internally-Displaced Persons: Guidelines for Prevention and
Response .75 UNHCR also integrated the core principles delineated by the IASC
Task Force into its own code of conduct.76 UNHCR and its implementing partners
use the following definition for gender- based violence: 71 The IASC includes
several United Nations agencies and voluntary organizations that provide
humanitarian assistance. A full list of members and standing invitees can be
found at http://www.humanitarianinfo.org/iasc/membership.asp. 72 IASC, "Report
of the Task Force," p. 1. 73 IASC Task Force, "Plan of Action," June 13, 2002,
p. 1 [online] http://www.humanitarianinfo.org/iasc/poasexualexploitation.doc
(retrieved March 18, 2003). The six core principles are (1) sexual exploitation
and abuse are grounds for termination of employment; (2) sexual activity with
children is prohibited regardless of age of majority or local age of consent;
(3) exchange of money, services or other goods for sex is prohibited; (4)
sexual relationships between humanitarian workers and beneficiaries are
strongly discouraged as they are based on unequal power dynamics and undermine
the integrity of humanitarian aid work; (5) aid workers must report concerns
regarding sexual abuse by a fellow worker via established agency mechanisms ;
and (6) humanitarian workers and agencies are obliged to create and maintain an
environment that prevents sexual exploitation and abuse and promotes the code
of conduct. 74 In 2002, UNHCR and states adopted a joint "Agenda for
Protection" after the Global Consultations on International Protection,
eighteen months of discussion among governments, NGOs, refugee experts, and
UNHCR. The Agenda for Protection is a program of action for improving the
protection of refugees and asylum-seekers around the world. Two of its six
goals address finding durable solutions for refugees and meeting the protection
needs of refugee women and children. Although it is not a legally binding
document, the Agenda for Protection carries political weight and reflects a
broad consensus on actions that can and should be taken to achieve agreed goals
in refugee protection. UNHCR, Agenda for Protection (Geneva: UNHCR, 2003). 75
There are several other UNHCR manuals which address gender-based protection
issues, including UNHCR, Handbook for Emergencies (Geneva: UNHCR, 2000); UNHCR,
Refugee Children: Guidelines on Protection and Care (Geneva: UNHCR, 1994); and
UNHCR, Reproductive Health in Refugee Situations: Interagency Field Manual
(Geneva: UNHCR, 1999). 76 The UNHCR Code of Conduct may be found in the 2003
Guidelines. Human Rights Watch 37 Volume 15, No. 8 (C) [G]ender-based violence
is violence that is directed against a person on the basis of gender or sex. It
includes acts that inflict physical, mental or sexual harm or suffering,
threats of such acts, coercion and other deprivations of liberty.... While
women, men, boys and girls can be victims of gender- based violence, women and
girls are the main victims. [Gender-based violence] shall be understood to
encompass, but not be limited to the following: a) Physical, sexual and
psychological violence occurring in the family, including battering, sexual
exploitation, sexual abuse of children in the household, dowry-related
violence, marital rape, female genital mutilation and other traditional
practices harmful to women, non-spousal violence and violence related to
exploitation. b) Physical, sexual and psychological violence occurring within
the general community , including rape, sexual abuse, sexual harassment and
intimidation at work, in educational institutions and elsewhere, trafficking in
women and forced prostitution. c) Physical, sexual and psychological violence
perpetrated or condoned by the State and institutions , wherever it occurs.77
The 2003 Guidelines outline key risk factors for gender-based violence in
refugee situations, such as the collapse of social and family support
structures; location in a high crime area; poor design of services and
discriminatory social structures in the camp; predominantly male camp
leadership, unavailability of food, fuel, and income generation opportunities;
lack of police protection and security patrols; lack of UNHCR and NGO presence
in the camp; lack of individual registration and identity cards; and hostility
of the local population. These factors, in combination with individual
vulnerabilities, armed conflict, discriminatory cultural practices, and weak
and gender-biased legal systems set the stage for gender-based violence.78
Gender-Based Violence in Ne pal's Refugee Camps The problem of gender-based
violence in the Bhutanese refugee camps punctured the camps' image as a "model"
in late 2002, when UNHCR received reports about sexual exploitation of refugee
children and requested its Inspector General's Office (IGO) to review the
allegations and examine the conduct of UNHCR offices in Nepal.79 The results of
the investigation team's findings became public in November 2002, documenting
eighteen cases of sexual exploitation, including rape and sexual harassment, 77
UNHCR, Sexual and Gender-Based Violence, p. 11. Emphasis in original. 78 UNHCR,
Sexual and Gender-Based Violence, p. 22. For more information on gender-based
violence in refugee settings, see Appendix B. 79 The Inspector General's Office
conducts investigations of alleged misconduct by UNHCR staff. The IGO undertook
two field investigations to Nepal between October 2002 and January 2003. Human
Rights Watch 38 Volume 15, No. 8 (C) of refugee women and children. 80 The
perpetrators were two Nepalese government officials whose salaries were paid by
UNHCR and fifteen refugee men (mostly school teachers) working for NGO
implementing partners.81 Refugee girls comprised the vast majority of victims
in these cases. In addition to sexual exploitation by refugee aid workers and
officials, the team discovered many other cases of gender-based violence within
the refugee community, including rape, attempted rape, sexual assault, child
marriage, forced marriage, and domestic violence.82 A humanitarian aid worker
told Human Rights Watch that the two government officials involved in the
sexual exploitation cases were a police officer stationed in one of the camps
and an RCU official not statio ned in the camps. The police officer encouraged
a local man to rape a refugee woman in early 2002, and allegedly received a
bribe to rape her himself. He did not rape the woman, but beat her at her home
and then again at the police station, where he threatened to charge her with
prostitution. The aid worker told Human Rights Watch: The official, who was in
a managerial position, was sexually harassing refugee women in his office....
There was a case of a [repeated] rape of a disabled girl, this was by an aid
worker.... There were many cases of teachers being involved with their
students. They would impregnate the girls, who were then kicked out of school.
Nothing would happen to the teachers, they would continue to teach and went out
with other girls.83 A young refugee woman emphasized the impact of the school-
based sexual exploitation cases: "In one case a twenty-five-year-old teacher
made a fourteen-year-old student pregnant. The community does not like it
because then they will feel afraid to send girls to school."84 In some cases,
the camp management committees or the parents of the student and teacher would
"settle" the case by encouraging their marriage. Attention to the sexual
exploitation cases illuminated the broader and more pervasive problem of
gender-based violence in the camps. The UNHCR investigation team also found
that refugee women and girls suffered sexual assault and domestic violence
perpetrated by other refugees, local Nepalese residents, and intimate partners.
In such cases, refugee women and girls were doubly victimized--first by their
assailants, and then by the minimal response by the government of Nepal and
UNHCR. They received inadequate and even harmful settlements meted out by the
refugee camp management committees. Whether perpetrators were refugee aid
workers, other refugees, or members of the local Nepalese community, the
victims of gender-based 80 Binaj Gurubacharya, "U.N. investigates reports of
sexual abuse by aid workers in Bhutanese refugee camps in Nepal," The
Associated Press, November 19, 2002. 81 Ibid. UNHCR, "Information Note,"
December 6, 2002. 82 UNHCR, "Information Note," December 6, 2002. UNHCR,
"Information Note," December 24, 2002. Human Rights Watch interview with a
humanitarian aid worker who wished to remain anonymous, August 2003. 83 Human
Rights Watch interview with a humanitarian aid worker who wished to remain
anonymous, June 2003. 84 Human Rights Watch interview with Sabitra B.,
Bhutanese refugee camps, Nepal, March 31, 2003. Human Rights Watch 39 Volume
15, No. 8 (C) violence had few avenues for redress. Refugees were forced to
navigate a bureaucratic and male-dominated camp management system in which they
first had to approach the refugee subsector head, who, if unable to resolve a
situation, would refer the issue to the sector head, who might then pass the
case on to the camp secretary, RCU, or police.85 These two bodies might then
refer it to the refugee-run counseling board, a conflict- resolution body that
is part of the elected camp management committee. The camp management committee
did not regularly refer cases to UNHCR. 86 The camp management committees and
counseling board did not have the appropriate training, gender-sensitivity, or
legal authority to resolve gender-based violence cases. They often responded to
domestic violence cases by dismissing women's complaints and advising them to
live happily with their husbands, detaining abusive husbands for one night as
punishment, or creating written agreements for the couple to commit to changing
their behavior. These methods left refugee women with few options for finding
safety and often reinforced cycles of abuse. Deep social stigma inhibited many
women from reporting domestic violence, and in the cases where they dared to
seek help, the response by the camp management committee could compound the
injustices women faced. Radhika S., who along with her co-wife had suffered
chronic emotional abuse and threats of murder from her husband, started to live
separately from him. She remembers the shame she felt about how her case was
handled: They [the camp management committee and counseling board] assumed our
problems were because we were not having sexual relations. They advised my
husband to spend fifteen days with each wife. But I didn't want that, I just
wanted him to care for me. They told me if I want a husband, I need to cook
food for him. He came to me because he was forced, he was angry, and I wanted a
happy atmosphere. We shared a bed but we didn't have sex. And people laughed at
this situation, they laughed at me, saying that I wanted sex. When the case was
taken to the counseling board, they said we have to stay together. I didn't
agree because I knew everything would just repeat. I told my story first, we
argued there [in front of the counseling board], and he denied everything. The
sector head was there, the subsector head was there, there were lots of people
listening. For them it is a comedy. 87 A refugee whose case was not lost at the
subsector or sector-level and who appeared before the counseling board could
expect to tell her story in front of large 85 This bureaucratic process is
outlined in the Camp Rules which state, "Any minor dispute among refugees will
first be referred to the subsector head, sector head, camp management
committee, camp secretary or counseling board in that order. In case of
violation of Nepalese law, the case will be referred to the camp supervisor or
to the police in-charge." Refugee Coordination Unit, Government of Nepal, "Camp
Rules," March 1995, no. 13. The camp management committees addressed mo st
cases of gender-based violence even if they violated Nepalese law. 86 Human
Rights Watch interviews with refugees in Beldangi I, Beldangi II, Sanischare,
Timai, Khudanabari, and Goldhap camps, March and April 2003. 87 Human Rights
Watch interview with Radhika S., Bhutanese refugee camps, Nepal, March 26,
2003. Human Rights Watch 40 Volume 15, No. 8 (C) crowds and to receive little
redress. The hearings and final judgments often humiliated and further
traumatized victims. The UNHCR investigation team discovered cases where rape
victims, including children as young as five years old, were given public
apologies and a token compensation of only ten rupees (U.S. $0.13). One aid
worker told Human Rights Watch that there were "many cases where young girls
were raped and these cases were settled by turning them into early marriages.
Parents often felt they had no other option. It was regularized into a social
situatio n. [There were] more than thirty cases where rape victims were forced
to marry their assailant."88 Survivors of gender-based violence were often
unable to obtain appropriate medical assistance, legal aid, or counseling
services. Staff at the Asian Medical Doctors Association (AMDA) hospital issued
a medical certificate citing "internal damage" to a five-year-old girl raped by
a seventeen-year-old boy instead of sending her to a government hospital where
she could get a legally admissible medical report.89 Refugees and aid workers
with inadequate training were often responsible for providing therapy and
counseling for victims. In one camp, an aid worker relied upon tranquilizers
for treating patients. In other cases, the counseling provided to victims
exposed them to danger, as in one woman who was advised to stay with her
husband despite severe and repeated physical and sexual violence.90 The
Government of Nepal and UNHCR: A Case of Negligence The government of Nepal and
UNHCR did not have adequate complaint mechanisms for reporting gender-based
violence, and often failed to provide protection when refugees brought cases to
their attention. UNHCR did not implement programs for effective prevention and
response despite several indications about the problems confronting women and
girls in the camps. UNHCR had an insufficient presence in the refugee camps and
visited them irregularly, contributing to the denial of justice and protection
for those who suffered gender-based violence. As one observer noted, UNHCR and
implementing partners felt that since "refugees were electing their leaders,
they were legitimate leaders to whom responsibility for camp protection and
administration of justice could fully be delegated."91 Refugee camp management
committee me mbers did not have appropriate 88 Human Rights Watch interview
with a humanitarian aid worker who wished to remain anonymous, June 2003. UNHCR
stated that as of June 30, 2003, there were four reported cases of gender-based
violence survivors who had married their assailant. However, they note this
does not include cases of child marriage. E-mail message from UNHCR Branch
Office, Kathmandu, Nepal to Human Rights Watch, July 22, 2003. 89 Human Rights
Watch interview with a humanitarian aid worker who wished to remain anonymous,
August 2003. 90 Ibid. The woman's husband once fractured her wrist and inserted
a bamboo stick into her vagina. UNHCR Nepal staff failed to meet with the
victim soon after the occurrence of that round of violence. According to UNHCR,
field and protection staff have since met with the woman and are assisting her
with splitting her ration card from that of her husband. E-mail message from
Giulia Ricciarelli-Ranawat, protection officer, UNHCR Branch Office, Kathmandu,
Nepal, to Human Rights Watch, September 10, 2003. 91 Human Rights Watch
interview with a humanitarian aid worker who wished to remain anonymous, August
2003. Human Rights Watch 41 Volume 15, No. 8 (C) skills for addressing gender-
based violence cases. Furthermore, the refugee leadership's political
priorities and male-dominated composition translated into injustices against
survivors of gender-based violence. Many refugee women told Human Rights Watch
that their abuser's friendship with their subsector head or sector head
prevented them from obtaining help. In one case, a student raped by a refugee
aid worker felt she had no options for protection. She and her friends were
afraid to report the case because the perpetrator was related to a powerful
figure in the camp management committee.92 The absence of response mechanisms
obstructed survivors' access to legal and medical assistance. The Nepalese camp
police, whose positions are funded by UNHCR, were often unwilling to record
complaints, and some posts did not even have log books. Police sometimes beat
alleged perpetrators of violence.93 The police, AMDA, and UNHCR did not have a
coordinated referral system to handle gender-based violence cases requiring
medical assistance, including access to the AMDA ambulance. One source told
Human Rights Watch that refugees had to pay for their travel expenses to the
hospital. AMDA had no medical report form for gender-based violence cases, and
there were few female health care workers to accompany or provide medical
services to victims.94 Although the three Nepal offices of UNHCR received
several indications of gender-based violence in the camps for almost two years,
they failed to act. In December 2000, OXFAM, which had been working in the
camps for several years, conducted a survey of refugee women that suggested
alarming levels of domestic violence. The report stated that Bhutanese refugee
women "are subject to harassment and abuses by refugee male members and also
host communities." The report noted complaints that Bhutanese refugee women are
"sometimes also sexually abused by male staff of service delivery agencies."95
Several other organizations also warned of gender-based violence in the camps
to no avail.96 Even after UNHCR headquarters issued recommendations about the
appropriate measures to take regarding sexual and gender-based violence in the
wake of the West Africa "sexual exploitation" scandal, the Nepal country
offices failed to implement any real reforms. UNHCR did not take significant
action to address gender-based violence on an individual or camp-wide basis
even when refugees approached them directly. In a UNHCR-facilitated
consultation with refugee representatives and NGOs in July 2001, refugees
raised their concerns about girl trafficking, rape, suicide, discrimination,
and 92 Ibid. 93 Human Rights Watch interviews with refugees in Beldangi I,
Beldangi II, Sanischare, Timai, Khudanabari, and Goldhap camps, March and April
2003. 94 Human Rights Watch interview with a humanitarian aid worker who wished
to remain anonymous, June 2003. 95 Meena Poudel, "Oxfam Bhutan Violence
Report," Oxfam-GB in Nepal, December 2000. 96 Hu man Rights Watch interview
with a humanitarian aid worker who wished to remain anonymous, June 2003. The
Center for Victims of Torture discussed these problems in a report in 2002;
AMDA, in a reproductive health survey conducted in May 2002 discovered that 83
percent of refugees reported knowing about rape in their communities; and the
Community Service Alliance (CASA) performed an evaluation raising concerns
about the increasing incidence of child abuse and the disappearance of a child.
Human Rights Watch 42 Volume 15, No. 8 (C) child marriage. The refugees
highlighted alcoholism and its links with quarrels between married couples and
the sale of rations, polygamy-related problems, and the widespread occurrence
of domestic violence coupled with social sanctions against reporting such
cases. They also perceived a rising incidence of rape cases.97 UNHCR also
documented individual cases of gender-based violence as early as October 2001
and during the summer of 2002.98 UNHCR did not refer any cases of gender-based
violence for legal prosecution, instead relying upon the settlements meted out
by the counseling boards. Senior international staff in Nepal were aware that
the counseling boards "resolved" some gender-based violence cases by ordering
apologies and token compensation but still failed to take action. 99 As one
source told Human Rights Watch, "Cases came before UNHCR--brought by refugees-
- all sorts of SGBV [sexual and gender-based violence] cases, [including] rape
of children. The response was not totally absent, but it was inadequate. There
was no follow-up with perpetrators, or with victims in terms of psycho-social
care, legal help. In many cases, UNHCR did not meet with victims directly. The
CMC structures were failing [refugees], for example there were rapists who were
repeat offenders."100 Citing the terms of its agreement with Nepal, UNHCR
decided to end or reduce funding in September 2002 for "informal" refugee
organizations operating in the camps.101 Three of these organizations had been
vocal about gender-based violence and child abuse in the camps. As grassroots
networks, the Bhutanese Refugee Women's Forum (BRWF) and the Children's Forum
often identified and supported women and children survivors of violence. The
Children's Forum monitored the camps for child abuse and forwarded cases to The
Lutheran World Federation. If cases reached UNHCR, the staff had no system to
forward them to the Bhadrapur office and failed to respond to many cases.102
The third organization, Bhutanese Refugees Aiding Victims of Violence (BRAVVE),
provided training in weaving and other income-generating activities to
economically and socially marginalized groups like widows, women heads of
households, and people with disabilities. Eliminating funding for these groups
would have likely meant that many incidents of violence would remain
unreported, limiting survivors' access to support services and gravely
undermining efforts to improve women and children's status in the camps. In the
context of instituting reforms in the camps in late 2002, UNHCR addressed the
problem by incorporating BRWF, the Children's Forum, BRAVVE, and other refugee
97 Human Rights Watch interview with a humanitarian aid worker who wished to
remain anonymous, August 2003. 98 Ibid. 99 Ibid. 100 Ibid. 101 E-mail message
from Giulia Ricciarelli-Ranawat, protection officer, UNHCR Branch Office,
Kathmandu, Nepal, to Human Rights Watch, September 10, 2003. UNHCR's agreement
with the Nepalese government stipulates that UNHCR cannot financially support
any organization not registered in Nepal. 102 Human Rights Watch interview with
a humanitarian aid worker who wished to remain anonymous, August 2003. Human
Rights Watch 43 Volume 15, No. 8 (C) organizations as "activities" under
existing subagreements with organizations like LWF and AMDA. Human Rights Watch
44 Volume 15, No. 8 (C) VI. EVALUATING REFORM: STRENGTHS AND GAPS IN THE
RESPONSE TO GENDER-BASED VIOLENCE After the Inspector General's Office
completed its investigation in November 2002, UNHCR initiated a comprehensive
program to prevent and respond to the overall problem of gender-based violence
in Nepal's refugee camps. These included streamlining reporting and referral
procedures; increasing security and a regular UNHCR presence in the camps;
establishing mass information campaigns to raise community awareness about
gender discrimination and gender-based violence; improving medical protocols
and other victims' services; signing a subagreement with the Nepal Bar
Association to provide legal counseling and representation to gender-based
violence survivors and actively pursuing prosecutions; and ensuring the
retention of women and children's organizations in the camps. To address
gender-based violence by humanitarian workers, UNHCR amended their
subagreements with implementing partners to include a code of conduct for all
employees (see Appendix A). In late 2002, UNHCR also removed three
international staff members from their posts in Nepal on grounds of gross
negligence. UNHCR has not provided any public information on follow-up
procedures or disciplinary measures taken regarding these three staff. Sharing
information in a transparent manner on internal protocols for disciplinary
action and the outcome of such proceedings is essential for setting a rigorous
standard of accountability for UNHCR's employees, its partners, and the staff
of other United Nations agencies. As of July 25, 2003, UNHCR had documented
eighty-four cases of gender-based violence.103 Thirty-eight victims were
children, and one victim was male. These include thirty-six cases of rape,
thirteen cases of domestic violence, thirteen sexual and physical assault
cases, and seven cases of child marriage.104 UNHCR also reported that thirty-
five additional refugee women and girls are missing from the camps.105 Many of
these girls and women may be trafficking victims. Human Rights Watch interviews
with refugees suggest the actual numbers of gender-based violence are higher.
Fears of retaliation and social stigma still prevent survivors from coming
forward,106 and Human Rights Watch talked to domestic violence victims in
particular who felt that existing mechanisms could not address their problems.
103 E-mail message from Giulia Ricciarelli-Ranawat, protection officer, UNHCR
Branch Office, Kathmandu, Nepal to Human Rights Watch, August 18, 2003. 104
Ibid. The thirty-six rape cases include rape, gang rape, attempted rape,
statutory rape, and marital rape. UNHCR also documented three sexual harassment
cases, two trafficking cases, two "inappropriate behavior" cases, two attempted
sexual abuse cases, one molestation case, three cases of spouse abandonment,
and two cases of alleged prostitution. 105 E-mail message from Giulia
Ricciarelli-Ranawat, protection officer, UNHCR Branch Office, Kathmandu, Nepal,
to Human Rights Watch, September 10, 2003. 106 Ibid. In some cases, refugee
families have refused to disclose the identity of child victims to UNHCR
because of the social stigma associated with gender-based violence and with
talking to UNHCR, who are seen as mainly working on gender-based violence
cases. Human Rights Watch 45 Volume 15, No. 8 (C) In other situations, women
and children may have reported their cases, but they are still being handled at
the camp management level rather than being forwarded to UNHCR. 107 UNHCR has
demonstrated commitment to establishing a coordinated response to gender-based
violence and has made progress implementing the recommendations of the
Inspector General's Office; however, distressing gaps remain. Victims continue
to live in the same vicinity as their assailants. Many domestic violence
victims face the same problems they did before the new policies were put in
place. And as detailed above, the camp registration and ration-distribution
system prevents women separated from their husbands from accessing their full
share of aid. This chapter describes both the strengths and gaps in the
response to gender-based violence in the Bhutanese refugee camps in Nepal. The
following sections address the effect of changes in UNHCR staffing and the
guidelines for humanitarian aid staff, and the challenges confronting refugee
women serving in the camp management committees or as women's focal points.
This chapter also examines security measures, reporting and referral systems,
and the response to domestic violence. Lastly, it highlights problems with
ensuring confidentiality for victims and obstacles to seeking redress through
the Nepalese criminal justice system. Security UNHCR and the government of
Nepal improved security measures in all seven refugee camps in the first part
of 2003. However, in interviews with Human Rights Watch, refugees still cited
security as a serious problem. Previously, Nepalese police were reluctant to
work in the refugee camps because they did not have the resources or systems to
handle security problems.108 The Nepalese government and UNHCR have installed
phone lines in each police station, allowing for immediate calls for an
ambulance, to UNHCR, and for outside police reinforcements. Refugees do not
have access to phone lines elsewhere in the camp, but they can use radio
equipment to contact a radio operator room staffed twenty-four hours a day at
the UNHCR office in Damak.109 Police officers are now stationed inside the
camps around-the-clock compared to a limited daytime presence previously, and
as of July 2003, there is one female police officer stationed in each camp.110
UNHCR has increased its staff to have one field assistant in each camp daily,
an improvement over the earlier situation of employing only two field
assistants to cover all seven camps. 107 UNHCR has documented and is responding
to additional cases involving family disputes, including those over rations,
and polygamy -related disputes. In an e-mail to Human Rights Watch, UNHCR
clarified that these cases are classified as SGBV only if they involve
violence. E-mail message from UNHCR Branch Office, Kathmandu, Nepal to Human
Rights Watch, August 18, 2003. UNHCR did not explain what type of ration or
polygamy -related dispute would not involve some form of economic or
psychological violence. 108 Human Rights Watch interview with Nepalese police
officer, Beldangi II camp, April 8, 2003. 109 E-mail message from Giulia
Ricciarelli-Ranawat, protection officer, UNHCR Branch Office, Kathmandu, Nepal
to Human Rights Watch, September 10, 2003. 110 E-mail message from Douglass
Cubie, UNV associate protection officer, UNHCR Sub-Office, Damak, Nepal to
Human Rights Watch, September 1, 2003. Human Rights Watch 46 Volume 15, No. 8
(C) The design of the camps facilitates safety in some respects and hampers it
in others. Every two huts share a latrine, saving refugees from risky trips to
distant or poorly-lit parts of the camp at night. The Lutheran World Federation
has helped create a water and sanitation system that ensures consistent and
year-round access to water inside the camps. Refugees also receive kerosene and
stoves as part of their assistance packages. However, the location of the camps
presents difficulties. Timai and Goldhap camps are located close to the Nepal-
India border and, along with other camps, have experienced cases of trafficking
in refugee women and girls. The proximity of several camps to the town of Damak
or to major thoroughfares has allowed refugees to participate in life outside
of the camps, but has also meant that members of the local Nepalese community
sometimes enter the camps and harass the refugees. Women, men, and children all
report problems with local Nepalese coming into the camps, often inebriated,
and harassing them.111 A forty-five-year-old male subsector head said, "[d]runk
local people come in the camp. They tease women, they beat people. There have
been some serious cases."112 Kalpana K., a seventeen-year-old girl, said, "I
don't like it when they tease me. It happens more right outside of the camp.
There are gangs of people outside of the camp. They have the wrong intention.
They talk in such a manner, pretending they're going to marry you immediately.
Some women...fall prey to these men."113 Women and girls interviewed by Human
Rights Watch said they fear sexual violence. Sapana S., who is twenty-three,
reported that, "being a refugee, especially women, we feel insecure in the
camp. [Our concern is] mainly the sex cases, if we have to work at night, we
should take guard, otherwise the situation could get very difficult."114 A girl
in tenth grade said: The locals threaten us, they come inside the camp and
drink. They come near my home, everyday they come, I can't count how many, ages
sixteen to twenty-five. Boys from the camp learn from them and imitate them.
They speak filthy words. They can do illegal acts to us. Even to small girls.
In my sector there was a case involving a three or four-year-old girl baby.
This organization [UNHCR] should be strict. The government of Nepal should also
make strict rules.115 Guidelines for Humanitarian Aid Staff Human Rights Watch
found that UNHCR and its implementing partners had made significant progress in
encouraging compliance with a code of conduct for employees. The government of
Nepal is amending the camp rules with input from 111 The RCU issued
instructions to enforce the no-alcohol policy in the camps in August 2003. E-
mail message from Douglass Cubie, UNV associate protection officer, UNHCR Sub-
Office, Damak, Nepal to Human Rights Watch, September 1, 2003. Human Rights
Watch lacks sufficient information to assess the impact of this directive. 112
Human Rights Watch interview with Dilli T., Bhutanese refugee camps, Nepal,
April 3, 2003. 113 Human Rights Watch interview with Kalpana K., Bhutanese
refugee camps, Nepal, March 28, 2003. 114 Human Rights Watch interview with
Sapana S., Bhutanese refugee camps, Nepal, March 28, 2003. 115 Human Rights
Watch interview with Shanti D., Bhutanese refugee camps, Nepal, March 28, 2003.
Human Rights Watch 47 Volume 15, No. 8 (C) UNHCR and implementing partners.
However, these revisions remained incomplete as of July 2003. UNHCR has adopted
the core principles outlined in the code of conduct developed by the IASC Task
Force and has amended its subagreements with implementing partners accordingly
(see Appendix A). UNHCR has also drafted a Manual on Inter-Agency Practices and
Procedures outlining detailed procedures for prevention and response to gender-
based violence in the camps. Government representatives, UNHCR, implementing
partners, and refugee representatives will all sign the final product.116
Implementing agencies instituted reforms in their internal guidelines and their
staffing practices. They ensured that all refugee workers who were implicated
in cases of sexual exploitation and abuse were dismissed if they had not
already resigned, and agreed to share information so they do not hire
individuals with records of abuse from other agencies.117 Caritas-Nepal also
issued updated guidelines for the camp schools. These include a code of conduct
based on the IASC core principles that all staff must sign, and the promotion
of protection against gender-based violence through education. 118 Although
Caritas has repealed discriminatory rules that expelled pregnant girls from
camp schools, the revised guidelines still provide that any student involved in
a "love affair" with a teacher or another student may be expelled.119 In
January 2003, the RCU, UNHCR, and all implementing partners formed an Inter-
Agency Protection Working Group (PWG) to discuss and coordinate response to all
protection issues in the camps, with a special emphasis on gender-based
violence. Additional camp-level PWGs exist in six camps and include camp-level
representatives of the RCU, police, UNHCR, implementing partners, camp
management committee, and other refugee organizations. Despite the changed
policies, there is substantial resistance to the reforms among implementing
partners. A reliable source familiar with the NGO response told Human Rights
Watch: The initial response from the NGOs has not been satisfactory. At the
Kathmandu level there is understanding, but not at the Damak and 116 The Manual
on Inter-Agency Policies and Practices was first developed by UNHCR Tanzania.
UNHCR Nepal tailored the manual for Nepal with the assistance of Beth Vann,
global GBV technical advisor, Reproductive Health for Refugees Consortium. Vann
spent one week in eastern Nepal in April 2003 to provide training and guidance
to UNHCR and implementing partners. E-mail message from Giulia Ricciarelli-
Ranawat, protection officer, UNHCR Branch Office, Kathmandu, Nepal to Human
Rights Watch, September 1, 2003. 117 Human Rights Watch interview with UNHCR
Branch Office, Kathmandu, Nepal, March 18, 2003. Revised guidelines call for
the dismissal of teachers who have relationships with students and for referral
of their cases to the RCU and UNHCR. Caritas Nepal, Guidelines for Bhutanese
Refugee Camp Schools (Jhapa: Caritas Nepal, 2003), p. 20. Caritas Nepal had
initially refused to dismiss teachers implicated in cases of inappropriate
relationships with students, and instead gave them the opportunity to resign.
Only a few were dismissed upon UNHCR insistence. Human Rights Watch interview
with a humanitarian aid worker who wished to remain anonymous, August 2003. 118
Caritas Nepal, Guidelines for Bhutanese Refugee Camp Schools , p. 43. 119
Caritas Nepal, Guidelines, p. 14. Human Rights Watch 48 Volume 15, No. 8 (C)
Birtamode level. The management is not sensitive to the issue.... They have a
tendency to downplay the violence as social problems--girl students and
elopements.... The NGOs were supposed to conduct investigations of misconduct
by their staff. But it was done inappropriately. Victims were interviewed by
panels that were intimidating, it was not appropriate for kids.... There has
been a specific set of recommendations to recruit female teachers and not have
young males teaching older female students.... These recommendations have not
been implemented.120 The senior management of these organizations in Damak and
Birtamode expressed resentment and at times anger about the resources and
attention they felt UNHCR compelled them to dedicate to gender-based violence.
They noted that renewal of their contracts depended on the introduction of
these changes. Many of these senior managers felt that "SGBV" had become
overblown, that UNHCR was imposing outside values and strategies on the culture
of the refugees, and that sexual relationships between beneficiaries and
refugee staff working with their agencies were acceptable. The attitudes and
statements of these senior managers undermine efforts to develop organization-
wide commitments to fighting gender-based violence. Several voiced the opinion,
"It's not our problem." Although all were complying with new requirements, they
did not exhibit sensitivity to why they should be addressing gender- based
violence and minimized the problems in the camps. Human Rights Watch
interviewed one senior manager of an implementing agency who said, "Boys will
be boys" and who had been reluctant to dismiss workers involved with sexual
exploitation cases.121 Another manager said, "I think UNHCR created the SGBV
problem. For example, I saw two cases. One was a nine-year-old girl who had
been raped six months before, there was no physical evidence. One was a five-
year-old girl...there was no physical evidence. In both cases, it could be
attempted rape, but not rape."122 Such attitudes show that senior management of
the implementing agencies still has little grasp of the causes and forms of
gender-based violence. Without understanding and commitment, these managers
cannot play an effective role in preventing and responding to abuse. Human
Rights Watch interviewed many senior managers of implementing agencies who
expressed concerns about applying the code of conduct to "incentive workers,"
refugees who receive a small stipend for their work with an agency. As one
manager said, "I am an aid worker. The refugees receiving incentives to work
with us are 120 Human Rights Watch interview with a humanitarian aid worker who
wished to remain anonymous, June 2003. 121 Human Rights Watch interview with a
senior manager from an implementing agency, Jhapa, Nepal, March 24, 2003. 122
Human Rights Watch interview with a senior manager from an implementing agency,
Jhapa, Nepal, March 25, 2003. This attitude undermines the gravity of attempted
rape. In interviews with Human Rights Watch, staff from implementing partners,
RCU administrators, and refugee leadership often made a significant distinction
between "rape" and "attempted rape." The way this distinction is made could
lead to a trivialization of attempted rape and undermine how such cases are
reported, referred, and addressed. Human Rights Watch 49 Volume 15, No. 8 (C)
not aid workers."123 This comment reflects a contentious debate globally
regarding appropriate methods for preventing and responding to gender-based
violence in refugee camps. Some NGOs and refugees have questioned whether
locally recruited, and sometimes unpaid, refugees constitute humanitarian aid
workers, whether NGOs hold protection responsibilities, and whether outside
agencies should create policies contravening local "cultural" practices like
child marriage.124 For example, another senior manager said, "I feel it is too
restrictive to forbid relations between refugee incentive workers, teachers,
and students. They are from the same community. Who are we to say they should
at least be eighteen? I feel strongly about this."125 The 2003 Guidelines take
a clear and firm position on these issues. A key premise of the Guidelines is
that for gender-based violence to be addressed effectively and sustainably, all
involved parties must understand the dynamics of power and their own
responsibilities. As the 2003 Guidelines note, gender-based violence is rooted
in unequal power relations: "Exploitation and abuse occurs when this disparity
of power is misused to the detriment of those persons who cannot negotiate or
make decisions on an equal basis."126 Humanitarian aid workers, including
refugee staff, command resources and hold positions of authority in refugee
settings. Teachers and food distribution coordinators belong in this category,
even if they are volunteers. According to the IASC Task Force: Humanitarian
workers are obliged to create and maintain an environment which prevents sexual
exploitation and abuse and promotes the implementation of their code of
conduct. Managers at all levels have particular responsibilities to support and
develop systems which maintain this environment.127 Based on Human Rights Watch
research in eastern Nepal, an important area for intervention is a targeted
gender-sensitization program for senior management, as well as a forum where
they can openly discuss their attitudes and concerns. One senior manager said,
"Refugees want to live by their own norms. They may not want to report these
cases. Should we go dig it out? This is a conservative society. If a girl is
raped, she wants to hide it. If we give light to these issues, are we
protecting her?"128 Ongoing training programs or workshops could provide
managers the opportunity to voice such opinions and to learn why UNHCR is
promoting certain approaches.129 Senior managers 123 Human Rights Watch
interview with a senior manager from an implementing agency, Jhapa, Nepal,
March 21, 2003. 124 Human Rights Watch interview with Iain Levine, former co-
chair of the IASC Task Force, New York City, September 10, 2003. 125 Human
Rights Watch interview with a senior manager from an implementing agency,
Jhapa, Nepal, April 9, 2003. 126 UNHCR, Sexual and Gender-Based Violence, p.
13. 127 IASC Task Force, "Plan of Action," p. 1. 128 Human Rights Watch
interview with a senior manager from an implementing agency, Jhapa, Nepal,
April 9, 2003. 129 A workshop on SGBV for imple menting partners, Nepalese
government officials, and refugee representatives took place in April 2003.
Trainers included UNICEF -New York, Beth Vann, global GBV technical advisor,
and UNHCR Headquarters. E-mail message from Giulia Ricciarelli-Ranawat,
protection Human Rights Watch 50 Volume 15, No. 8 (C) must understand that
silence deprives victims of essential services and support and creates an
environment of impunity for perpetrators. Women's Leadership An essential
aspect of promoting women's equal access to material resources and decisions
affecting themselves and their community is to increase women's participation
in leadership. The camp management committees introduced a required 50 percent
participation rate from women in each camp in 2003. One of the top two
positions in each camp must also be filled by a woman. The increasing
participation of women in distribution committees, the counseling board, and
senior leadership could have important long-term bene fits for the status of
women in the camps. However, their placement in these positions is not enough.
Many women in leadership positions emphasized the need for greater training so
that they could perform their jobs more effectively. Although women now
comprise one half of the camp management committees, many assumed their
positions with less experience than their male counterparts. Women refugees
require adequate training and support to become effective and not just symbolic
members of camp management. Because men had traditionally held many of these
positions, women leaders also confront discrimination from other refugees.
Human Rights Watch interviewed many newly elected women who called for more
sustained training. Beena M.'s comments depict the disempowering effect that
assuming responsibilities without adequate preparation and support can have: I
have been a sector head for three months; I have no previous experience.
Actually I didn't feel like working for the CMC, I didn't feel capable, but all
my friends encouraged me. The orientation was for one day. They described our
responsibilities, but no learning was there. I am discouraged. I have told the
subsector heads not to bring cases to me. They should solve cases at their
level because they're very experienced. There should be some training--maybe
that is why I don't know my responsibilities. There should be some kind of
training on how to handle cases. I don't know anything. Suppose a birth case
comes and they need to apply for rations. Once the form came and I didn't even
know where to sign the form. The form was rejected.130 Several female camp
management committee members and women's focal points expressed to Human Rights
Watch their deep frustration that social prejudices undermined their leadership
even when they had significant experience and the required skill sets for their
positions. One women's focal point said, "Women speak, but people don't listen.
The community doesn't accept the decisions of women, they accept the officer,
UNHCR Branch Office, Kathmandu, Nepal, to Human Rights Watch, September 10,
2003. Continuing opportunities for training are important as changing attitudes
is a long-term process, as new challenges associated with implementation arise,
and as new staff join. 130 Human Rights Watch interview with Beena M.,
Bhutanese refugee camps, Nepal, April 2, 2003. Human Rights Watch 51 Volume 15,
No. 8 (C) decisions of men."131 A member of the camp management committee said,
"Right from the beginning I was on the counseling board. Though I have been
working [in the CMC] from the beginning, though I've been in a leadership post,
people still don't listen. As a woman, I understand women's problems. But
whatever male members say, we have to go along with that."132 The Bhutanese
Refugee Women's Forum and the Children's Forum are two under-utilized allies in
the effort to develop women's leadership and to address gender- based violence.
Both raised the issue of violence against women and children prior to public
coverage of the issue in November 2002 and were ignored or snubbed by the camp
management committees, RCUs, and aid agencies. In an interview with Human
Rights Watch, leaders of the Bhutanese Refugee Women's Forum expressed a desire
to register as an independent NGO with the government of Nepal, but said that
their request for autonomy repeatedly had been denied.133 Given their potential
to help train and educate women and children and to promote leadership skills,
these two organizations should be strengthened. UNHCR Staffing UNHCR has taken
several steps since the end of 2002 to address staffing problems related to
gender-based violence in the Bhutanese refugee camps in Nepal. These include
the investigation by the Inspector General's Office, work with implementing
partners to change their guidelines and staffing policies, and coordination
with lawyers to prosecute cases within the Nepalese criminal justice system.
The UNHCR office in Damak now employs a full-time SGBV specialist and four new
protection staff with legal backgrounds.134 They have also increased staffing
levels in the camps, organized various community awareness campaigns and
trainings, and clarified reporting procedures. UNHCR's efforts represent
encouraging progress, but also demonstrate how future operations in sensitive
situations should organize their changes in staffing differently. The influx of
resources into Nepal for increased staffing and SGBV programming are an
important indicator of UNHCR's commitment to addressing these issues
meaningfully. However, UNHCR staff experienced high levels of turnover
immediately after the "sexual exploitation" scandal broke. In order to address
the situation, UNHCR rotated several international staff into Nepal for one to
three months. This strategy resulted in a number of new and transient staff
working in a sensitive situation. Refugee women's advocates said that as soon
as they learned to trust and develop good working relationships with UNHCR
officers, the officers would leave. 131 Human Rights Watch interview with
Kumari G., Bhutanese refugee camps, Nepal, March 26, 2003. 132 Human Rights
Watch interview with Saraswati D., Bhutanese refugee camps, Nepal, March 26,
2003. 133 Human Rights Watch interview with Kamala S., BRWF Camp Secretary,
Bhutanese refugee camps, Nepal, March 30, 2003. 134 E-mail message from
Douglass Cubie, UNV associate protection officer, UNHCR Sub-Office, Damak,
Nepal to Human Rights Watch, September 1, 2003. Human Rights Watch 52 Volume
15, No. 8 (C) Refugee women's advocates reported that they had to produce the
survivors of gender-based violence repeatedly to tell their stories to each new
UNHCR team. Ambika T., a women's focal point in one camp, said with
frustration: There is no permanent person among UNHCR officials. They visit our
camp twice a week. We have to bring the cases to them and the victims have had
to describe their cases repeatedly. It is mental torture for them, and I get
complaints from the victim. Then people don't like to come to me with their
problems. They complain about the women's focal point. The people think if a
case is taken to UNHCR it will be kept pending, but if handled here with the
CMC, it would be settled.135 Reporting and Referral Systems Reporting and
referral systems have improved since the initial investigation by the Inspector
General's Office. UNHCR has tried to increase community awareness about gender-
based violence and reporting mechanisms through workshops, has established
guidelines so that cases of gender-based violence are forwarded to UNHCR, and
has strengthened the position of the refugee women's focal point as a direct
channel through which refugee women can make complaints. In recent cases
involving child victims of rape and attempted rape, camp officials
appropriately referred the children's cases through the system and the children
were able to receive immediate medical attention, support services, and legal
aid. Despite these improvements, serious problems continue to plague the
response to gender-based violence in the camps, at the expense of refugee women
and children's safety. Refugees, camp management committee members, women's
focal points, and RCU administrators presented conflicting information as to
how different types of gender-based violence cases should be treated. Human
Rights Watch interviewed camp management committee members and RCU
administrators to find out which cases they forwarded to UNHCR and which cases
they resolved within camp management. They indicated that only the most
egregious cases of gender-based violence, usually rape or trafficking, would be
forwarded to the police and UNHCR. They often treated domestic violence as
"petty" cases, despite domestic violence involving patterns of abuse and
control that can have serious psychological and economic consequences for
victims, and that can lead to injury or death. One RCU administrator explained,
"We forward cases of murder, the ft, and rape. The cases settled in the RCU are
small cases. We do counseling, help to make agreements. We deal with smaller
theft, alcoholism, if one beats another one, and if a person tries to forcibly
rape [but does not succeed], then we treat it here."136 Pandu R, who had served
on the CMC since 1992 and is currently the chief of the counseling board in one
of the camps, said: 135 Human Rights Watch interview with Ambika T., Bhutanese
refugee camps, Nepal, April 4, 2003. 136 Human Rights Watch interview with camp
-level RCU administrator, Bhutanese refugee camps, Nepal, April 1, 2003. See
footnote 122 regarding attitudes about attempted rape. Human Rights Watch 53
Volume 15, No. 8 (C) For petty cases, we do verbal counseling, if the case is
difficult we forward to the RCU or police. For example there was a case where
some boys tried to rape a fifteen-year-old girl. They fled. She felt really
down and ashamed. She took poison and was taken to the hospital. This was about
three months ago. The case is pending, the culprits have ran away, and UNHCR is
informed. This is the kind of case that is referred [out]--we haven't referred
too many cases. We see [domestic violence] cases sometimes. We make an
agreement.137 Some cases come again. Some get resolved, sometimes we have to
again give a warning and then a final warning. If cases come many times, we
then forward to the police.138 Cases of domestic abuse of children also do not
receive adequate attention and response. Camp management committee members
often handle these cases and do not regularly forward them to UNHCR and the
RCUs. A coordinator for the Children's Forum complained about the reporting and
referral system. She told Human Rights Watch: We inform the camp management
committee about child abuse cases. We have to remind them two or three times
for each case. They take it for granted and do not attend to them. We see
twelve or thirteen cases in each camp per month.... [The CMC] gives no answer.
We follow up and ask what happened, only then do we get some sort of response.
Beatings happen when people are drunk. Even after counseling it still keeps on
repeating. There should be punishments for the parents. If one parent is
punished, the rest will feel fear.... They should take the responsibility from
the subsector head and give it to the RCU, because people fear them more.139
Response to Domestic Violence The response to domestic violence continues to be
weak and leaves women at risk for abuse. Camp management and the RCU often
minimized domestic violence as "petty cases." The methods they employed to
resolve domestic violence cases focused on reconciliation and did not
adequately address women's own wishes, safety, and access to services. These
responses also often failed to reflect the best interests of children. Human
Rights Watch interviewed several victims of domestic violence who confronted
the same obstacles as before the new response to sexual and gender-based
violence was implemented: difficulty pushing cases through a camp management
bureaucracy, public hearings in front of the counseling board that were often
humiliating, and a pervasive acceptance of violence that normalized it as a
part of the culture. The camp management forwarded domestic violence cases
involving beatings that required hospitalization to UNHCR, but left "less
serious" cases, including psychological abuse or 137 Counseling Boards often
resolve cases by creating written agreements outlining behavior to which both
parties must abide. 138 Human Rights Watch interview with Pandu R., Bhutanese
refugee camps, Nepal, March 31, 2003. 139 Human Rights Watch interview with
Dhan Maya S., Bhutanese refugee camps, Nepal, March 29, 2003. Human Rights
Watch 54 Volume 15, No. 8 (C) a pattern of fights involving physical violence,
to subsector heads, sector heads, the counseling board, the camp secretary, the
RCU, and women's focal points.140 The case of Nar Maya P., a thirty-seven-year-
old woman with four children, ages nine to sixteen, exemplifies these problems:
My husband drinks a lot. He promises he won't drink, but it only lasts two
days. He starts drinking, quarreling, fighting with me, the whole night will be
spent quarreling. When he's drunk, he accuses me of having relations with
another man. He says he won't take care of a woman like me. I have the support
of my children, and the neighbors also support me. That becomes another reason
for me to get beaten. He accuses me of bribing the neighbors. I've only been
reporting these problems for the last five months even though it has been a
problem for six years. I always thought things would change, but now I've
started reporting it. He drinks and comes, he accuses me, "you are a
prostitute, you are mad." I receive all sorts of insults. He's beaten me with
his hand so far, but I have to be alert. He picks up anything, like sticks and
the kikuri [a traditional knife]. He drinks every day and he fights every
alternate day. He threatens he will leave. I had given application to the RCU,
because I can't tolerate it anymore. I asked for separation, to get my own
rations, I've been tortured too much. In that case, the RCU said, "Okay, fine,
let's see if he will improve. Let him come here and sign. Let's experiment."141
He only went for three-four days. Three times they have given him the chance to
improve--the first time they gave him one month, the second time fifteen days,
the third time, seven days. Afterwards, they passed the case on to the camp
secretary. The subsector head encourages me to wait and see. He says I should
cook food and give it to my husband. But he will never change, he's been given
enough time. I have clearly mentioned in the RCU application--I would like to
stay separately so the children can study. My children never get to study at
home, I advise them to study at the neighbors' houses. Then my husband accuses
me of having other husbands. The women's focal point has been supporting me,
she is always there. The camp secretary has advised me to go to the police, but
my husband would 140 In September 2003, UNHCR stated that domestic violence
cases are increasingly brought to their attention from different channels, in
part due to their renewed daily presence in the camps. E-mail message from
Giulia Ricciarelli-Ranawat, protection officer, UNHCR Branch Office, Kathmandu,
Nepal, to Human Rights Watch, September 10, 2003. 141 Human Rights Watch
interview with Nar Maya P., Bhutanese refugee camps, Nepal, March 29, 2003. In
this case, Nar Maya P.'s husband was asked to sign a piece of paper each day
promising not to drink or to beat his wife. When he failed to comply with this
rule, no action was taken, including responding to Nar Maya P.'s application
for separate rations. Human Rights Watch 55 Volume 15, No. 8 (C) get a beating.
I didn't support it, I said if the camp secretary wanted to go fine, but that I
wouldn't go. The focal point encouraged me yesterday to follow up with the RCU.
But when I went to the RCU in the past, every time he [my husband] was given
another chance. I couldn't control my tears.142 Members of camp management, the
women's focal points, and the RCUs approached most domestic violence cases
guided by a philosophy of family reconciliation. Most of those interviewed by
Human Rights Watch seemed unfamiliar with the dynamics of domestic violence
that result in women repeatedly returning to abusive partners or feeling
reluctant to file lawsuits or "police cases" against them. Without appropriate
training, camp management, police, and RCU administrators learning of domestic
violence cases often classified them as "quarrels between husband and wife,"
without recognizing long-term patterns of abuse and control and the
corresponding needs for counseling, safety, and independence. Refugee women
were often concerned about their own and their husband's reputations, or felt
that they needed to stay with an abusive husband for the sake of their
children. One women's focal point observed, "Most women think of their family,
of defamation, and they suppress [themselves.] They only seek help when it is
intolerable."143 Many clung to hopes of living happily with their husband. To
address domestic violence adequately, individuals handling such cases should be
trained to address these issues in ways that do not compromise the safety and
long-term well-being of women and children. Kina R. is a refugee woman
victimized by domestic violence. She told Human Rights Watch, "My husband
drinks and he sells the rations and he drinks. Sometimes he sells his share [of
the rations], sometimes the whole family's. We fight, sometimes big and
sometimes small. There are so many fights. I have to be very understanding, for
the sake of the children."144 Kina R. raised her problems with her subsector
head and the counseling board, who will observe her husband for one year. Her
situation has not improved. She said: When I talk to the subsector head, he
says "We are already trying, but he [the husband] doesn't listen. Both of you
should be living together happily." I haven't talked to the women's focal
point. I feel sometimes I shouldn't have brought the case, I think of the
children. I still hope he will change.145 Some women are afraid to bring
domestic violence cases forward because they fear retaliation from their
husbands and they cannot expect adequate protection. A BRWF camp secretary told
Human Rights Watch, "Women don't want to speak out. Ultimately 142 Human Rights
Watch interview with Nar Maya P., Bhutanese refugee camps, Nepal, March 29,
2003. 143 Human Rights Watch interview with Yasoda D., Bhutanese refugee camps,
Nepal, March 31, 2003. 144 Human Rights Watch interview with Kina R., Bhutanese
refugee camps, Nepal, March 31, 2003. 145 Ibid. Human Rights Watch 56 Volume
15, No. 8 (C) she has to go back to him, so she doesn't want to jeopardize her
safety."146 Durga S. told Human Rights Watch: My husband is suspicious whenever
I talk to anybody else. Since he brought a second wife, I am beaten frequently.
I was beaten badly and everyone told me I needed help. I thought, "What will I
say, they'll ask questions." On my thighs, there were blue marks. He had beaten
me with a belt and with his hands. He has already hit me, why should I show
everyone--people will talk badly about us. Another time I did go and I told
lies to the hospital authorities, I said I had fallen down. I used to tell the
subsector head and he would say, "live together properly." I don't want a case.
Even when you asked to speak with me, I was wondering what I would say.... My
husband threatens to kill me and throw me away. He beats me if he thinks I'm
reporting it to someone.147 Interviews with the women's focal points, Bhutanese
Refugee Women's Forum, and social subcommittee and counseling board members all
suggest that domestic violence is commonplace in the camps. Alarmingly, at
least three attempted suicides in the refugee camps are linked to young women
with histories of domestic violence.148 After the scrutiny and overhaul of camp
reporting and referral mechanisms for sexual and gender-based violence, the
failure to develop services to meet the needs of domestic violence victims
reflects an unacceptable minimization of intimate partner violence. One women's
focal point, who ought to understand the dangers posed by a blanket policy
promoting family reconciliation, said, "Mostly I see cases between husband and
wife. They come repeatedly. The first time I listen to their problems and give
the wife counseling. The second or third time in the follow-up, we tell them to
be good and stay together. Sometimes at home they still have problems."149
Response to Other Forms of Gender-Based Violence and Discrimination In addition
to domestic violence, Human Rights Watch found a wide range of gender-related
problems in the Bhutanese refugee camps. These problems often stemmed from
practices that discriminate against women. They included polygyny, child
marriage, forced marriage, and trafficking of women and girls. The response of
UNHCR and its implementing partners to these problems was also disappointing.
The practice of polygyny combined with discriminatory registration policies
compromised women's independent access to rations and made them vulnerable to
abuse. Even when a man takes a second wife and is living completely separately,
first wives are often bound to their husbands for registration and
repatriation. Women rarely had a say if their husbands brought in a second
wife. Radhika S. related: 146 Human Rights Watch interview with Sita L., BRWF
camp secretary, Bhutanese refugee camps, Nepal, April 2, 2003. 147 Human Rights
Watch interview with Durga S., Bhutanese refugee camps, Nepal, March 31, 2003.
148 E-mail message from UNHCR Branch Office, Kathmandu, Nepal to Human Rights
Watch, August 15, 2003. 149 Human Rights Watch interview with Sanchu B.,
Bhutanese refugee camps, Nepal, April 2, 2003. Human Rights Watch 57 Volume 15,
No. 8 (C) I got married when I was thirteen. I had one child in Bhutan and then
no more. My husband wanted more children so he talked about remarrying. He
liked my own sister. Because I had a problem having more children, I had to
agree. My husband threatened that if I didn't give permission, he would leave
me. I said, "at least don't bring my own sister," but he didn't listen. Then my
husband brought a third wife. The quarrels got bigger, and sometimes he said
that he would kill us. I really feared that he would do it.150 Human Rights
Watch interviewed many women, both young and old, who got married as teenagers.
The younger women described their early marriages in the context of
"elopement," or running away with a boy when their families did not approve of
the match. Parents often disapproved if the children were young or if it was an
inter-caste pairing. In many cases, interviewees said they eloped voluntarily.
In other cases, especially when a girl had become pregnant, it was unclear
whether she was pregnant as a result of sexual assault or an affair, and
whether she truly consented to the marriage. The camp management committee, the
girl's family, and the women's focal point often responded by trying to
"restore the girl's honor" by ensuring that she got married. Sanchu B., a
women's focal point said, "There are cases of girls getting pregnant--they [the
family and camp management committee] find out the responsible person and they
get married."151 As of September 10, 2003, thirty-five refugee women and girls
were "missing" from the camps.152 The refugee camps are close to the Nepal-
India border and in the past few years there have been confirmed instances of
girls and women trafficked from the camps. In previous years, Maiti-Nepal, a
national anti-trafficking NGO, has intercepted refugee women and girls at the
border that it suspects to be potential victims of trafficking.153 Indian
police have discovered others, months or years later, involved in sex work in
Mumbai. One mother whose daughter has been missing for almost a year shared her
agony, as well as the poor communication she has had with camp authorities. She
said: I have five children, but one is missing. She is thirteen years old. In
the evening, a girl had come and went away with my daughter. Someone saw her at
Kakarbhitta.154 After a long interval, there was a call from the Mumbai police.
This information was given to others, to UNHCR and the RCU. No one has come to
speak to me. I feel she won't know how to come 150 Human Rights Watch interview
with Radhika S., Bhutanese refugee camps, Nepal, March 26, 2003. 151 Human
Rights Watch interview with Sanchu B., Bhutanese refugee camps, Nepal, April 2,
2003. 152 E-mail message from Giulia Ricciarelli-Ranawat, protection officer,
UNHCR Branch Office, Kathmandu, Nepal, to Human Rights Watch, September 10,
2003. 153 Human Rights Watch interview with a humanitarian aid worker who
wished to remain anonymous, June 2003. and E-mail message from UNHCR Branch
Office, Kathmandu, July 22, 2003. Maiti-Nepal told UNHCR that it had
intercepted twenty-five refugee women and girls over two years. UNHCR has
confirmed two trafficking cases. 154 Kakarbhitta is an open border crossing
between Nepal and India. Human Rights Watch 58 Volume 15, No. 8 (C) back home,
she doesn't know how to read. Days pass, at night I can't sleep. Children don't
know how much we love them.155 The frequency of "elopements," in which girls
disappear for a few days and then return newly married, dulled the immediate
reaction required to intervene in a trafficking case. More information
campaigns about the warning signals of trafficking and the importance of
informing a friend or family member when eloping are critical for implementing
an effective response. In one case, two young women disappeared from a camp in
the company of some local boys. Although a representative from UNHCR conducted
an initial interview with the parents, they failed to follow-up adequately.
They assumed it was an "elopement" case and did not know the women were still
missing a week later until informed by Human Rights Watch researchers.156
Women's Focal Points The "women's focal point" has been an instrumental part of
the strategy to address gender-based violence in the camps. The refugee woman
in this position facilitates direct access to UNHCR so that individuals can
avoid the multiple layers of camp management in cases of gender-based violence,
and provides a resource for those who desire support for women's issues at the
camp-level. One women's focal point described her duties like this: My main
responsibilities are to look after women's problems. Like fights between
husband and wife and to support women if they are being suppressed by their
neighbors. The types of cases we see are attempted rape, bigamy, attempted
suicide due to fights at home, and suicide by rope. In most cases, women think
of their family and defamation and they suppress it. If it is intolerable, then
they come. People don't know about the women's focal point, they usually come
referred through others.157 Some confusion remains about the role of the
women's focal point among refugees and even other refugee workers. As the
maternal and child health supervisor in one camp said "women come to the focal
point for problems. There have only been two cases, only high cases reach her.
Most fights get settled at the sector level."158 In some camps, refugees
perceived the women's focal point's responsibilities to be confined to cases of
rape and suicide, whereas in other camps, refugees approached the women's focal
point about a range of issues including domestic violence and polygyny. Human
Rights Watch interviewed some refugee women who did not realize they could
approach the women's focal point directly, instead believing they had to go
through their subsector head and sector head first. Kina R., whose husband was
selling the family's rations for 155 Human Rights Watch interview with Lila B.,
Bhutanese refugee camps, Nepal, April 1, 2003. 156 Human Rights Watch interview
with Tila M., Bhutanese refugee camps, Nepal, March 24, 2003; Human Rights
Watch telephone interview with UNHCR protection officer, UNHCR Sub-Office,
Bhadrapur, Nepal, March 24, 2003. 157 Human Rights Watch interview with Yasoda
D., Bhutanese refugee camps, Nepal, March 31, 2003. 158 Human Rights Watch
interview with Rupa K., Bhutanese refugee camps, Nepal, March 27, 2003. Human
Rights Watch 59 Volume 15, No. 8 (C) alcohol said, "I am not talking to the
women's focal point.... I want to go step by step, not go directly to the
women's focal point."159 The women serving as women's focal points felt
overwhelmed and without exception sought more training. Sanchu B. said, "I
require training for counseling as it is difficult."160 Ambika T. summarized
the feelings of the others when she reflected, "I have too much load, no mental
rest. There is an overburden of work, I feel I will go crazy with all the
counseling I have to do. There are so many cases pending. While cooking, I
think of how to solve these cases, even while sleeping. I don't have training,
I don't know how to deal with them."161 While they demonstrated great resolve
and commitment, most also questioned whether they would be willing to fill the
position after their one-year term finished. Kumari G. said, "Sometimes I am
frustrated and I feel like leaving, but I want to stick it out for a year."162
The absence of trained counselors providing regular services in the camps has
meant that women's focal points often serve as counselors themselves, a
burdensome responsibility for one refugee woman in each camp. To complement the
legal and medical response to gender-based violence, UNHCR should introduce
more psycho- social services in the camps. Psychologists, social workers, and
counselors have the skills to work with victims of gender-based violence on a
sustained basis in order to address issues like domestic violence and long-term
trauma. Women's focal points, critical links in the reporting and referral
system, should receive more training on how to work with women and children
experiencing gender-based violence, but also should be able to refer these
cases to qualified service-providers for counseling.163 Breaches of
Confidentiality The inability of women's focal points and other involved
individuals to ensure the anonymity of persons seeking help and the
confidential treatment of their cases threatens the effectiveness of the
overall response to gender-based violence in the camps. Ensuring
confidentiality is a critical feature of any response to gender-based violence,
both to protect a victim's privacy and safety, and to minimize the risk of
social stigma. A system that fails to protect confidentiality may deter victims
from reporting their cases and accessing services. Renu M., a women's focal
point, discussed the difficulty of maintaining confidentiality in the
overcrowded camps: I try to keep cases confidential. But the police come to
visit, and it is congested, so everyone knows. We try to meet privately, but
because it is congested, it is not possible, and I need to report in twenty-
four hours. We have the intention that the family, myself, and the unit head
should be the only ones to know. But if you take someone to the hospital, there
is a 159 Human Rights Watch interview with Kina R., Bhutanese refugee camps,
Nepal, March 31, 2003. 160 Human Rights Watch interview with Sanchu B.,
Bhutanese refugee camps, Nepal, April 2, 2003. 161 Human Rights Watch interview
with Ambika T., Bhutanese refugee camps, Nepal, April 4, 2003. 162 Human Rights
Watch interview with Kumari G., Bhutanese refugee camps, Nepal, March 27, 2003.
163 According to Beth Vann, a GBV specialist who conducted a one-week training
in the camps, the women's focal points should also receive more support and
regular supervision. Human Rights Watch interview with Beth Vann, global GBV
technical advisor, Arlington, VA, August 29, 2003. Human Rights Watch 60 Volume
15, No. 8 (C) queue, so everyone sees. I don't feel it is possible, the huts
are so close together, and immediate treatment has to be started. There is a
position for the women's focal point, but there is no separate office. It
should be private--it is difficult to meet with people privately. 164 Several
factors contributed to the lack of confidentiality accorded gender-based
violence cases. Some camp management members and Nepalese authorities do not
understand their obligation to exercise discretion about how they discuss
cases. For example, when a Human Rights Watch researcher approached a police
officer for an interview, he began talking about a recent rape case in detail
in front of a gathering crowd before the researcher quickly changed the topic
and arranged for a private interview. Counseling board sessions are often open
for interested bystanders to watch. Arrests and police beatings of suspected
perpetrators of gender-based violence also draw large crowds. Problems with
Administration of Justice Many victims of gender-based violence are unable to
pursue remedies through the criminal justice system because of constraints in
Nepalese law. As noted earlier, there are no domestic violence laws and the
thirty-five-day statute of limitations prevents many survivors of violence from
filing lawsuits. An additional constraint for prosecuting rape cases is the
narrow definition of rape, which excludes forced oral sex and other invasive
forms of sexual assault.165 One alternative for children is to file cases under
the Children's Act for cruel and unusual treatment. Under this law, cases can
be filed for up to one year after the incident, however the maximum punishment
is only one year in prison and five to ten thousand rupees [U.S.$65-130].
However, no cases of sexual abuse against children have been prosecuted under
the Children's Act.166 Despite these limitations, UNHCR has facilitated and
tracked the prosecution of seventeen cases, which has resulted in ten convic
tions. As of this writing, the remaining seven cases are pending, awaiting
police investigation or a court hearing.167 None of these cases involved the
Nepalese government officials or refugee aid workers implicated in the 2002
sexual exploitation scandal because complaints were not made within the thirty-
five-day statute of limitations or the families did not wish to file a
lawsuit.168 The 164 Human Rights Watch interview with Renu M., Bhutanese
refugee camps, Nepal, March 28, 2003. 165 Muluki Ain 2020 [Country Code 1963],
chapter on Rape, no. 1. Rape is defined as "a sexu al intercourse with any
girl, widow or married woman, if below the age of sixteen, in any manner
whether with or without consent, and if above the age of sixteen without her
free will and consent in any manner with physical force, coercion or undue
influence deemed to be a rape." The rape laws do not protect boys or men. 166
E-mail message from Douglass Cubie, UNV associate protection officer, UNHCR
Sub-Office, Damak, Nepal to Human Rights Watch, September 1, 2003. According to
Cubie, all previous prosecutions relying upon the Children's Act relate to
cases of child labor. 167 E-mail message from Giulia Ricciarelli-Ranawat,
protection officer, UNHCR Branch Office, Kathmandu, Nepal, September 10, 2003.
UNHCR has hired a female Nepalese lawyer and has implemented a subagreement
with the Nepal Bar Association to provide refugees with legal representation.
168 Human Rights Watch interview with a humanitarian aid worker who wished to
remain anonymous, June 2003. The RCU administrator accused of sexually
harassing refugee women was reassigned to another post--not because of the
sexual exploitation allegations, but because he made eight fraudulent travel
claims. Human Rights Watch 61 Volume 15, No. 8 (C) convictions included cases
of attempted rape, rape, and gang rape, and resulted in jail sentences ranging
from three to fifteen years. In a case involving trafficking of women, one
refugee was sentenced to a cumulative total of seventy-five years in prison.
169 One perpetrator was convicted of a lighter public offense for attempted
sexual assault and was sentenced twenty-eight thousand rupees [U.S.$364] or six
months in jail.170 Survivors of sexual assault must undergo burdensome
procedures to get medical reports that are legally admissible in Nepal's
courts. They must first get a requisition letter from the police and then they
must go to a government hospital where they are examined by three government
doctors. Some of the refugee camps are not located near a government hospital,
necessitating long journeys just to reach an authorized doctor. These
requirements are especially difficult to comply with at night and result in
victims having to wait several hours, or even longer, before they can take a
bath or go home. One UNHCR protection officer said: Because the courts will not
recognize an examination by the doctors at AMDA hospital, we had to take the
victim to Mechi Zonal hospital. We finally got them in at 9 p.m. Somehow the
requisition letter was not passed to the medical supervisor so the three
doctors had not been called. The exam was not done until the next morning at 9:
30 a.m. [In the government hospitals,] rape cases are not considered
emergencies unless the victims are teenagers, or they are bleeding and injured.
Usually there is only one doctor at the hospital at night.171 In addition to
constraints in Nepalese law and medico-legal procedures, refugees face
obstacles when filing complaints with the police. The burden of finding the
name and full address of the perpetrators rests with the victim. If the victim
cannot provide this information, some police will not register the case.
Furthermore the police request that the victim be present to register the case
and to sign the forms; they do not allow parents to file on behalf of their
children. 172 UNHCR and the government of Nepal have also failed to resolve the
problem of victims and perpetrators continuing to live in proximity to each
other in the camps. Victims may fear retribution, experience harassment, or
simply feel uncomfortable crossing paths with their assailant. In a 2002 case,
after a woman made a complaint against a teacher on behalf of her child, the
teacher's mother beat her so severely she was 169 E-mail message from Giulia
Ricciarelli-Ranawat, protection officer, UNHCR Branch Office, Kathmandu, Nepal,
September 10, 2003. 170 In three cases, UNHCR ensured the implementation of
newly enacted provisions of Nepalese law regarding the holding of court
hearings in camera. This was the first time in Nepal that these provisions were
applied to a sexual offense case. E-mail message from Douglass Cubie, UNV
associate protection officer, UNHCR Sub-Office, Damak, Nepal, to Human Rights
Watch, September 1, 2003 and e-mail message from Giulia Ricciarelli-Ranawat,
protection officer, UNHCR Branch Office, Kathmandu, Nepal, to Human Rights
Watch, September 10, 2003. 171 Human Rights Watch interview with UNHCR
official, UNHCR Sub-Office, Bhadrapur, Nepal, April 8, 2003. 172 Ibid. Human
Rights Watch 62 Volume 15, No. 8 (C) hospitalized for more than a month. 173
UNHCR has given survivors the option of moving to another camp or resettlement
to a third country, but they are often reluctant to leave their neighbors and
community. Nepal has refused to allow UNHCR to relocate alleged perpetrators
outside of the camps and UNHCR has been reluctant to transfer them between
camps as they consider such a move "collective punishment" for the alleged
perpetrator's family. Because it is bound to confidentiality in cases that are
not prosecuted, UNHCR cannot warn new communities about the perpetrators'
histories and fears that they will commit additional crimes if moved to new
surroundings.174 173 Human Rights Watch interview with a humanitarian aid
worker who wished to remain anonymous, June 2003. The woman was hospitalized in
Kathmandu for a month. Despite this, the NGO Caritas initially refused to
dismiss the teacher. 174 Human Rights Watch interview with Giulia Ricciarelli-
Ranawat, protection officer, UNHCR Branch Office, Kathmandu, Nepal, July 22,
2003. UNHCR is currently conducting a mapping exercise of alleged perpetrators
and victims to explore relocation within the same camp. E-mail message from
Giulia Ricciarelli-Ranawat to Human Rights Watch, September 10, 2003. Human
Rights Watch 63 Volume 15, No. 8 (C) VII. INTERNATIONAL STANDARDS This report
addresses the responsibilities and sometimes failures of governments and UNHCR
to protect Bhutanese refugee women from discrimination and gender-based
violence in Nepal. International customary and treaty law protect the human
rights of refugees. Nepal has a series of international obligations to ensure
the rights of all persons, including Bhutanese refugees, who are "within its
territory and jurisdiction."175 Donor and resettlement governments also have
responsibilities to protect and assist refugees. When donor governments
adequately fund the refugee programs of host governments such as Nepal, or
agencies such as UNHCR, they are fulfilling their international cooperation
obligation. 176 Nepal is obligated to protect refugees from human rights abuses
defined in, among other treaties, the International Covenant on Civil and
Political Rights (ICCPR) and the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment.177 Both Bhutan and Nepal are
party to the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and the Convention on the Rights of the Child (CRC).178
They must ensure that domestic law and its enforcement meet their international
obligations to protect the rights of women and children. International law
protects the right of women and children refugees to be free from
discrimination in the enjoyment of their rights.179 They also have the right to
be 175 See ICCPR, art 2. One of Nepal's obligations is not to send refugees to
a place where their lives or freedom are under threat from persecution, or
nonrefoulement , provided for in article 33 of the Refugee Convention . Nepal
is not party to the Refugee Convention; however the government is still bound
by nonrefoulement as an accepted principle of international customary law.
International customary law is defined as the general and consistent practice
of states followed by them out of a sense of legal obligation. That
nonrefoulement is a norm of international customary law is well-established.
See, e.g., ExCom Conclusion No. 17, Problems of Extradition Affecting Refugees,
1980, and No. 25, General Conclusion on International Protection, 1982. 176 The
Preamble to the Refugee Convention underlines the "unduly heavy burdens" that
sheltering refugees may place on certain countries and states "that a
satisfactory solution of a problem of which the United Nations has recognized
the international scope and nature cannot therefore be achieved without
international cooperation." Numerous conclusions of UNHCR's Executive Committee
also reiterate the need for international protection responsibility sharing,
particularly to assist host countries in coping with large refugee influxes.
Governments are also playing a critical protection and responsibility function
when they agree to take in or "resettle" refugees. 177 Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, U.N.
G.A. Res. 39/46, 39 U.N. GAOR Supp. No. 51, p. 197, U.N. Doc. E/CN.4/1984/72,
Annex, 1984, entered into force June 26, 1987, and acceded to by Nepal on March
1, 1971. 178 Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), G.A. Res. 34/180, U.N. Doc. A/34/46, 1979, ratified by
Nepal on May 22, 1991 and by Bhutan on September 30, 1981. 179 See ICCPR, art.
2(1): "Each State Party to the Covenant undertakes to respect and to ensure to
all individuals within its territory and subject to its jurisdiction the rights
recognized in the present Covenant, without distinction of any kind, such as
race, color, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status." See also, CEDAW, art. 1; CRC,
art. 2. Human Rights Watch 64 Volume 15, No. 8 (C) protected from violations of
their bodily integrity. 180 Women refugees, as "persons," must also be treated
equally before courts and tribunals,181 including in the verification and
categorization process described in this report.182 Although primary
responsibility resides with governments when they fail to protect refugees, the
U.N. General Assembly has entrusted UNHCR with providing international
protection to refugees, and with seeking permanent solutions for the problem of
refugees by assisting governments.183 This protection "revolves around ensuring
that refugees and others in need of international protection are recognized and
granted asylum, and that their basic human rights are respected in accordance
with international standards."184 UNHCR has formulated several important
policies and guidelines that give detailed guidance on how the agency should
perform these functions. For example: · The agency's role in camp settings is
governed by its Handbook for Emergencies ,185 which gives detailed guidelines
for setting up and administering assistance and protection in refugee camps. ·
The agency's obligations toward refugee women and children are set out in its
Guidelines on the Protection of Refugee Women ,186 Sexual and Gender-Based
Violence Against Refugees, Returnees, and Internally-Displaced Persons:
Guidelines for Prevention and Response, 187 Guidelines on Protection and Care
of Refugee Children (Guidelines on Refugee Children),188 and Guidelines on
Policies and Procedures in Dealing with Unaccompanied Children Seeking Asylum
.189 Protection from Violence International human rights law establishes state
accountability for abuses by private actors and requires states to show due
diligence in preventing and responding to human rights violations.190 The due
diligence requirement extends to a government's responsibility to address
violence against women. In her first report, the U.N. Special 180 See, e.g.
ICCPR, art. 6 (right to life), art. 7 (freedom from torture, cruel, inhuman or
degrading treatment). 181 See ICCPR, art. 14(1). 182 The Human Rights Committee
has broadly interpreted the phrase "suits at law" for which article 14(1)
applies, in addition to criminal cases. See, e.g. Yl. v. Canada, No. 112
(1981). 183 Statute of the Office of the United Nations High Commissioner for
Refugees, GA Res. 428(V), December 14, 1950. 184 "UNHCR's Protection Mandate,"
UNHCR 2002 Global Appeal , p. 21. 185 UNHCR, Handbook for Emergencies . 186
UNHCR, Guidelines on the Protection of Refugee Women . 187 UNHCR, Sexual and
Gender-Based Violence . 188 UNHCR, Guidelines on Refugee Children . 189 UNHCR,
Guidelines on Policies and Procedures in Dealing with Unaccompanied Children
Seeking Asylum (Geneva: UNHCR, 1997). 190 In its General Recommendation 19 on
violence against women and state obligations, the Committee on the Elimination
of Discrimination against Women (CEDAW Committee) emphasized: "States may also
be responsible for private acts if they fail to act with due diligence to
prevent violations of rights or to investigate and punish acts of violence."
CEDAW Committee, General Recommendation No. 19, para. 9. Human Rights Watch 65
Volume 15, No. 8 (C) Rapporteur on violence against women, its causes and
consequences emphasized, "In the context of norms recently established by the
international community, a State that does not act against crimes of violence
against women is as guilty as the perpetrators. States are under a positive
duty to prevent, investigate and punish crimes associated with violence against
women."191 The United Nations reaffirmed this obligation in the Declaration on
the Elimination of Violence Against Women, stating that governments have an
obligation to "prevent, investigate, and, in accordance with national
legislation, punish acts of violence against women, whether those acts are
perpetrated by states or by private persons." 192 A state's consistent failure
to do so amounts to unequal and discriminatory treatment, and constitutes a
violation of the state's obligation to guarantee women equal protection of the
law.193 Declarations in international conference documents, notably the 1994
Cairo Programme of Action on Population and Development and the 1995 Beijing
Declaration and Platform for Action, have led to increasing recognition of
women's rights to sexual autonomy. 194 The Platform for Action establishes that
"human rights of women include their right to have control over and decide
freely and responsibly on matters related to their sexuality, free of coercion,
discrimination and violence."195 When a woman confronts violence and
discrimination, her right to make decisions about her sexual relations, as well
as her right to physical security and bodily integrity, are violated.196
Violence against women includes abuse by intimate partners, and states are
legally obligated to ensure that laws governing marital rela tions are non-
discriminatory and criminalize violations of bodily integrity. The Special
Rapporteur on violence against women has noted that a government's
responsibility to prevent and respond to 191 Special Rapporteur on violence
against women, its causes and consequences, "Preliminary Report Submitted by
the Special Rapporteur on violence against women, its causes and consequences,
Ms. Radhika Coomaraswamy, in accordance with Commission on Human Rights
resolution 1994/45," (Fiftieth Session), U.N Document E/CN.4/1995/42, Novemb er
22, 1994, para. 72. 192 Declaration on the Elimination of Violence against
Women, G.A. res. 48/104, 48 U.N. GAOR Supp. (no. 49) at 217, U.N. Doc. A/48/49
(1993), art. 4. 193 See CEDAW, art. 15, and ICCPR, art. 26. See also, Committee
on the Elimination of Violence Against Women (CEDAW Committee), General
Recommendation 19, Violence against women, (Eleventh session, 1992),
Compilation of General Comments and General Recommendations Adopted by Human
Rights Treaty Bodies, U.N. Doc. HRIGEN1Rev.1 at 84 (1994) (contained in
document A/47/38), para. 6. For further discussions of international
obligations with respect to violence against women by private actors, see
Dorothy Q. Thomas and Michele Beasley, "Domestic Violence as a Human Rights
Issue," Human Rights Quarterly , vol. 15, no. 1 (February 1993); Human Rights
Watch, Global Report on Women's Human Rights (New York: Human Rights Watch,
1995), pp. 39-44, and Ken Roth; "Domestic Violence as an International Human
Rights Issue," in Rebecca J. Cook, Human Rights of Women: National and
International Perspectives (Philadelphia: University of Pennsylvania Press,
1994), p. 326. 194 United Nations, Programme of Action of the United Nations
International Conference on Population and Development (New York: United
Nations Publications, 1994), A/CONF.171/13, 18 October, 1994 and United
Nations, Beijing Declaration and Platform for Action (New York: United Nations
Publications, 1995), A/CONF.177/20, 17 October 1995. 195 United Nations,
Beijing Declaration and Platform for Action, paragraph 223. 196 ICCPR, art. 23;
and UDHR, arts. 3 and 16. Human Rights Watch 66 Volume 15, No. 8 (C) domestic
violence is not confined to enacting domestic violence laws and punishing
perpetrators of domestic violence. Its obligations extend to providing funding
and support for complementary mechanisms, including victim support services,
shelters, documentation of domestic violence, training for government
personnel, and education. 197 The CEDAW Committee recommends that effective
complaints procedures and remedies, including compensation, should be provided
to survivors of gender-based violence.198 More specifically: (t) States parties
should take all legal and other measures that are necessary to provide
effective protection of women against gender-based violence, including, inter
alia: (i) Effective legal measures, including penal sanctions, civil remedies
and compensatory provisions to protect women against all kinds of violence,
including, inter alia, violence and abuse in the family, sexual assault and
sexual harassment in the workplace; (ii) Preventive measures, including public
information and education programmes to change attitudes concerning the roles
and status of men and women; (iii) Protective measures including refuges,
counseling, rehabilitation and support services for women who are the victims
of violence or who are at risk of violence.199 Gaps in Nepalese law violate
women and girls' right to protection from violence and preclude the punishment
of perpetrators. The thirty-five-day statute of limitations for registering
complaints about rape and other forms of sexual violence tightly constrains
victims' options.200 This provision fails to account for factors like social
stigma, fear of retaliation, and lack of awareness about legal protections that
may inhibit a survivor of sexual assault from coming forward immediately.
Procedural obstacles, including the responsibility placed on the victim to name
a perpetrator, and the burdensome requirements for obtaining legally admissible
medical evidence also impede survivors' ability to prosecute cases. The lack of
domestic violence legislation obstructs survivors of partner violence from
finding legal redress and creates an environment of impunity for abusers. Human
rights law also requires that governments address the legal and social
subordination women face in their families and marriages. CEDAW provides that
states "shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations."201 In
particular, states are required to 197 Special Rapporteur on violence against
women, its causes and consequences, "Preliminary Report Submitted by the
Special Rapporteur on violence against women, its causes and consequences, Ms.
Radhika Coomaraswamy, in accordance with Commission on Human Rights resolution
1995/85," (Fifty- second Session), U.N Document E/CN.4/1996/53, February 6,
1996, para. 141. 198 CEDAW Committee, General Recommendation 19, art. 24(i).
199 Ibid. 200 Muluki Ain 2020 [Country Code 1963], chapter on Rape, no. 1. 201
Ibid., art. 16(1). Human Rights Watch 67 Volume 15, No. 8 (C) afford to women
the right to enter into marriage only with their free and full consent,202
equal rights with their spouses in marriage and during any separation or
divorce,203 equal parental rights and responsibilities,204 and equal rights
with regard to the number and spacing of their children. 205 CEDAW explicitly
acknowledges social and cultural norms as the source of many women's human
rights abuses and obliges governments to take appropriate measures to address
such abuses. CEDAW requires states to "modify the social and cultural patterns
of conduct of men and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are based on the idea of
the inferiority or the superiority of either of the sexes or on stereotyped
roles for men and women."206 Discriminatory provisions in Nepal's polygamy
laws, and the lack of enforcement that permits men freely to take second wives
illegally, make women vulnerable to emotional, economic, and physical abuse.
The Country Code permits a man to take a second wife without the permission of
his first wife in several situations, including if she is childless or if she
has physical or mental health problems.207 Women are not granted similar
permission to take a second husband, and while women only have three months to
file complaints alleging polygyny, men have one year to file a case alleging
polyandry. In General Recommendation No. 21, the CEDAW committee noted that "
[p]olygamous marriage contravenes a woman's right to equality with men, and can
have such serious emotional and financial consequences for her and her
dependents that such marriages ought to be discouraged and prohibited."208 By
implementing discriminatory camp registration procedures that prevent refugee
women from fully escaping abusive relationships, the government of Nepal and
UNHCR have failed to fulfill their joint obligation to prevent and effectively
respond to gender- based violence. UNHCR must insist that Nepal change camp
registration procedures to avoid violating two of UNHCR's "key commitments to
refugee women."209 These include the responsibility to: 202 Ibid., art. 16(1)
(b). 203 Ibid., art. 16(1)(c). See the Universal Declaration of Human Rights,
art. 16, for rights to marry, equal rights during marriage and at its
dissolution, and requirement for free and full consent. 204 CEDAW, art. 16(1)
(d). 205 Ibid., art. 16(1)(e). 206 CEDAW, art. 5(a). 207 Muluki Ain 2020
[Country Code 1963], chapter on Marriage, no. 9. See footnote 39 for the text
of the law. 208 CEDAW Committee, Equality in marriage and family relations,
General Recommendation 21, (thirteenth session, 1992), Compilation of General
Comments and General Recommendations Adopted by Human Rights Treaty Bodies,
U.N. Doc. HRI/GEN/1/Rev.1 at 90 (1994), no. 14. The Human Rights Committee has
said: "It should also be noted that equality of treatment with regard to the
right to marry implies that polygamy is incompatible with this principle.
Polygamy violates the dignity of women. It is an inadmissible discrimination
against women. Consequently, it should be definitely abolished wherever it
continues to exist." Human Rights Committee, General Comment 28, Equality of
rights between men and women, para. 24. 209 Although the manuals are not
binding law, they provide a set of guidelines by which the behavior of UNHCR
and governments may be judged. The U.N. General Assembly has endorsed the
Guidelines on the Protection of Refugee Women and several ExCom conclusions
related to the protection and participation of Human Rights Watch 68 Volume 15,
No. 8 (C) Register refugee women individually and provide them with relevant
documentation to ensure their individual security, freedom of movement and
access to essential services. Refugee women and men are to participate equally
in the registration process.... Ensure refugee women's direct and indirect
participation in the management of food and non-food item distribution so that
these goods are directly controlled by adult female household members.210 The
discriminatory camp registration procedures in Nepal's refugee camps are also
not in conformity with several UNHCR Executive Committee conclusions and U.N.
General Assembly resolutions calling for the elimination of discrimination
against refugee women, protection from gender-based violence, and full access
to humanitarian aid. A 1991 Economic and Social Council resolution encourages
"Member States and relevant organizations to provide access to individual
identification and registration documents, on a nondiscriminatory basis, to all
refugee women and, wherever possible, children, irrespective of whether the
women and children are accompanied by male family members."211 Gender
Discrimination in the Transfer of Citizenship CEDAW and the CRC prohibit gender
discrimination with respect to acquiring or passing on a nationality. CEDAW
provides that states "shall grant women equal rights with men with respect to
the nationality of their children" and the "same rights and responsibilities as
parents, irrespective of their marital status, in matters relating to their
children."212 The CRC protects children from discrimination in the enjoyment of
their rights, including the right to acquire a nationality "irrespective of the
child's or his or her parent's or legal guardian's...sex...or other status."213
Nepalese law violates international human rights law by denying women the
ability to transfer citizenship to their children and by preventing children
from enjoying their right to acquire a nationality free from discrimination
based on their parent's sex. 214 Camp procedures follow Nepalese law and
refugee women . U.N. G.A. Res. 43/117/OP8 (A/Res/43/117), G.A. Res. 44/137/OP9
(A/Res/44/137), G.A. Res. 45/140/OP6 (A/Res/45/140), and G.A. Res. 48/116/OP6
(A/Res/48/116). 210 UNHCR, Sexual and Gender-Based Violence, p. 30. The other
three commitments are to develop integrated country level strategies to address
sexual and domestic violence, ensure 50 percent representation of women in all
management committees, and the provision of sanitary materials to all women and
girls of concern to UNHCR. 211 U.N. Economic and Social Council Resolution
1991/23, OP5, May 30, 1991. See also G.A. Res. 35/135 (A/Res/35/135), G.A. Res.
47/105 (A/Res/47/105), G.A. Res. 50/182 (A/Res/50/182), and G.A. Res. 52/132
(A/Res/52/132). ExCom Conclusion No. 91 (2001) states "refugees should be
registered on an individual basis," and several other conclusions provide
specific protections for refugee women, including ExCom Conclusions No. 39
(1985), No. 64 (1990), and No. 73 (1993). 212 CEDAW, art. 9(2) and art. 16(1).
213 CRC, art. 2(1). 214 Nepal Const, art. 9(1) and art. 9(2). The constitution
states that "a person...whose father is a citizen of Nepal at the birth of the
child shall be a citizen of Nepal by descent" and that "[e]very child who is
found within the Kingdom of Nepal and the whereabouts of whose parents are not
known shall, until the father of the child is traced, be deemed to be a citizen
of Nepal by descent." Human Rights Watch 69 Volume 15, No. 8 (C) prevent
Bhutanese refugee women from registering their children if they do not have a
refugee father registered in the camps. These discriminatory registration
procedures may result in the violation of refugee women's other civil and
political rights. International human rights law guarantees women equal rights
with men as to marriage, including the "same right freely to choose a
spouse."215 However, camp registration procedures may prevent a refugee woman
from marrying the partner of her choice because she may fear that her children
will lose eligibility for Bhutanese citizenship and aid in the camps.
Furthermore, she may be unable to exercise her right to return to Bhutan once
repatriation starts if doing so would separate her from her children.216
International human rights law enshrines freedom of movement and the right to
return to one's country in the UDHR and ICCPR. 217 These discriminatory
registration procedures may also render children stateless and deprive them of
access to humanitarian aid like food, clothes, and shelter. Under international
human rights law, every child has the right to acquire a nationality. 218 The
CRC requires "State Parties to ensure implementation of these rights in
accordance with their national law and their obligations under the relevant
international instruments in this field, in particular where the child would
otherwise be stateless. States Parties [should] undertake to respect the right
of the child to preserve his or her identity, including nationality."219
Participation in the Verification and Categorization Process The governments of
Nepal and Bhutan have international human rights obligations to ensure that
women are able to participate in the verification and categorization process on
an equal basis with men. Article 2(d) of CEDAW stipulates that states must
refrain from any practice that discriminates against women and ensure that
public authorities and institutions also comply with this obligation. 220
Article 15(4) of CEDAW further provides that "States Parties shall accord to
men and women the same rights with regard to the law relating to the movement
of persons and the freedom to 215 UDHR, art. 16(1); CEDAW, art. 16; and ICCPR,
art. 23(4). 216 Judgment of T.A. Aguda, Judge of Appeal in Attorney General of
Botswana vs. Unity Dow , certified judgment of the Court of Appeal Civil
Appeal, No. 4/91, Botswana, June 11, 1992, p. 60. In the landmark Unity Dow vs.
Attorney General case in Botswana, the High Court and Court of Appeal found
elements of Botswana's 1982 Citizenship Act discriminatory because the courts
restricted the right of Batswana women married to non-national men to pass
their nationality to their children. The Court of Appeal noted, "it is totally
unrealistic to think that you could permanently keep the child out of Botswana
and yet by that not interfere with the freedom of movement of the mother. When
the freedom of the mother to enter Botswana to live and to leave when she
wishes is indirectly controlled by the location of the child, excluding the
child from Botswana is in effect excluding the mother from Botswana." 217
Article 13 of the UDHR states, "Everyone has the right to freedom of movement
and residence within the borders of each State. Everyone has the right to leave
any country, including his own, and to return to his country." Article 12(4) of
the ICCPR states, "No one shall be arbitrarily deprived of the right to enter
his own country." In addition to its legal basis under treaty law, the right to
return has increasingly been recognized as a norm of customary international
law. See "Current Trends in the Right to Leave and Return," U.N. Doc. E/CN.4/
Sub.2/1985. 218 UDHR, art. 15(1); ICCPR, art. 24(3); and CRC, art. 7(1). 219
CRC, arts. 7 and 8(1). 220 CEDAW, art. 2(d). Human Rights Watch 70 Volume 15,
No. 8 (C) choose their residence and domicile." By using a camp registration
system that prevents women from applying for repatriation independently, by
directing interview questions to male heads of households, and by failing to
employ techniques to address gender-specific problems, the governments of
Bhutan and Nepal have not met their obligations to refrain from discriminatory
practices against refugee women. The governments of Bhutan and Nepal must take
special measures to facilitate the participation of women in the verification
and categorization process. Article 4(1) of CEDAW clarifies that the "
[a]doption by States Parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be considered
discrimination."221 UNHCR's 1991 Guidelines on the Protection of Refugee Women
sets international standards for promoting women's full participation in
refugee status determination interviews. These guidelines direct authorities
to: · "afford opportunities for the women as well as the men in a family to
provide information relevant to the determination of refugee status"; ·
"implement gender-sensitive techniques during interviews, including giving
women the opportunity to be questioned out of the hearing of members of their
family"; · "institute programmes to ensure that women have equal access to the
procedures for voluntary repatriation so that those who want to return are able
to do so and that those fearing return are provided protection against
refoulement"; and · "employ women as interviewers and interpreters for purposes
of determining status."222 221 CEDAW, art. 4(1). 222 UNHCR, Guidelines on the
Protection of Refugee Women, pp. 36-43. Human Rights Watch 71 Volume 15, No. 8
(C) VIII. CONCLUSION Bhutanese refugee women and girls in Nepal continue to
suffer from gender- based violence and discrimination without avenues for
adequate redress. Successful prevention efforts must address women's status in
the camps, including discrimination against women in the camp registration
system and insufficient training and support for women's leadership. The
government of Nepal should take immediate steps to reform the camp registration
and ration distribution system to remove the existing gender bias. They should
amend the camp rules and cooperate with UNHCR to improve the prevention of and
response to gender-based violence. Nepal cannot fulfill its international human
rights obligation to punish perpetrators of violence without addressing the
shortcomings in its laws. The thirty-five-day statute of limitations for
reporting sexual offense cases and the lack of legislation addressing domestic
violence tightly restrict survivors' access to justice. These constraints
combined with camp-level initiatives to "reconcile" domestic disputes give
abusive men leeway to commit violence with near impunity. UNHCR's recent
efforts to prevent and respond effectively to gender-based violence, though an
important step forward, will fail if UNHCR does not ensure that women have
independent access to humanitarian aid and if it does not treat domestic
violence with the same seriousness as sexual violence. Despite significant
progress in establishing a coordinated response to sexual violence cases,
victims of domestic violence confront numerous obstacles that prevent them from
obtaining either safety or redress. Ongoing information campaigns and more
active outreach and monitoring are necessary for identifying and responding
effectively to sexual assault, domestic violence, and trafficking cases. As the
repatriation process gains momentum, Bhutan, Nepal, UNHCR, and international
monitors have a responsibility to guarantee that gender-based violence
programming is not abandoned, and that refugee women's rights are fully
respected at each step. In order to do so, Nepal should grant Bhutanese refugee
women the ability to register their children regardless of the nationality of
the father. Nepal and Bhutan should revise the verification and categorization
process to meet international standards, and take active measures to promote
women's full participation in the process. Bhutan should ensure women's human
rights during repatriation and reintegration, and should grant full citizenship
to all returning refugees. The discrimination and violence that Bhutanese
refugee women in Nepal confront reflect a chronic and widespread problem among
displaced populations worldwide. The international community must fulfill its
obligation to share responsibility for the protection of refugee women and
children. Through financial aid, political pressure, and technical assistance,
international donor governments, development institutions, and humanitarian
organizations should ensure that guidelines and commitments to protecting
refugee women do not just remain on paper, but result in decisive and lasting
change. Human Rights Watch 72 Volume 15, No. 8 (C) APPENDICES Appendix A-
- UNHCR-Nepal Subagreement Amendment: "Standards of Conduct" Subagreements
between UNHCR-Nepal and its implementing partners now include the following
amendment: Standards of Conduct Securing Protection from Sexual Exploitation
and Abuse Sexual exploitation and sexual abuse may occur in many different
forms. Sexual exploitation is defined as any abuse of a position of
vulnerability, differential power or trust for sexual purposes; this includes
profiting monetarily, socially or politically from the sexual exploitation of
another. Sexual abuse is actual or threatened physical intrusion of a sexual
nature, including inappropriate touching by force or under unequal or coercive
conditions. 1. Sexual exploitation and abuse by personnel working on Project/
sub-Projects funded by UNHCR, constitute acts of serious misconduct and are
therefore grounds for disciplinary measure, including summary dismissal. 2.
Sexual activity with children (persons under the age of 18) is prohibited
regardless of the age of majority or age of consent locally.223 Mistake belief
in the age of a child is not a defense. 3. Exchange of money, employment, goods
or services for sex, including sexual favours or other forms of humiliating,
degrading or exploitative behaviour is prohibited. This includes any exchange
of assistance that is due to beneficiaries. 4. Sexual relationships between
personnel working on Projects/Sub-Projects funded by UNHCR, and beneficiaries
of assistance undermine the credibility and integrity of the work of the UN,
and UNHCR in particular, and are strongly discouraged since they are based on
inherently unequal power dynamics. 5. Where personnel working on UNHCR
Projects/Sub-Projects develop concerns of suspicions regarding sexual abuse or
exploitation by a fellow worker, whether in the same agency or not, he or she
must report such concerns via established reporting mechanisms. 6. Personnel of
Agencies, both nongovernmental and governmental, working on UNHCR-funded
Projects and Sub-Projects are obliged to create and maintain an environment
that prevents sexual exploitation and abuse and promotes the implementation of
their code of conduct. Managers at all levels have particular responsibilities
to support and develop systems that maintain this environment. 223 Executive
Heads of Agencies (Governmental or NGO) may use their discretion in applying
this standard where a staff member is legally married to someone under the age
of eighteen but over the age of majority or consent in both their country of
citizenship and the country in which they are stationed. Human Rights Watch 73
Volume 15, No. 8 (C) These six standards are not intended to be an exhaustive
list. Other types of sexually exploitative or abusive behaviour may be grounds
for disciplinary measures, including summary dismissal. In entering into
cooperative arrangements with UNHCR, Agencies and Governments undertake to
inform their personnel of the six core principles listed above and work to
ensure adherence to them. By signing a Sub-Project Agreement with UNHCR, the
Parties to the Agreement undertake to abide by and promote these principles.
The failure of partner agencies to take preventative measures to prevent abuse,
investigate allegations of abuse and to take disciplinary actions when sexual
exploitation or sexual abuse is found to have occurred, will constitute grounds
for termination of a Sub-Project Agreement with UNHCR. Human Rights Watch 74
Volume 15, No. 8 (C) Appendix B--Selected Web Resources on Gender-Based
Violence in Refugee Settings Guidelines http://www.rhrc.org/resources/gbv/gl_
sgbv03.html UNHCR, Sexual and Gender-Based Violence against Refugees,
Returnees, and Internally Displaced Persons, Guidelines for Prevention and
Response, 2003. http://www.reliefweb.int/idp/docs/references/
protsexexpPoARep.pdf IASC Task Force, "Report of the IASC Task Force on
Protection from Sexual Exploitation and Abuse in Humanitarian Crises," 2002.
http://intranet.theirc.org/docs/
UNHCR_Guidelines_on_the_Protection_of_Refugee_Wom en-_PDF_document.pdf UNHCR,
Guidelines on the Protection of Refugee Women, 1991. http:/
/ intranet.theirc.org/docs/UNHCR_Guidelines_on_the_Protection_and_Care_of_Chil
dren-_PDF_document.pdf UNHCR, Refugee Children: Guidelines on Protection and
Care, 1995. Reports http://www.womenscommission.org/reports/ifnotnow/index.html
Ward, Jeanne. "If not now, when? Addressing Gender-Based Violence in Refugee,
Internally Displaced, and Post-Conflict Settings. A Global Overview," 2002.
http://www.rhrc.org/pdf/gbv_vann.pdf Vann, Beth. "Gender-Based Violence:
Emerging Issues in Programs Serving Displaced Populations," 2002. http:/
/ www.womenscommission.org/pdf/unhcr.pdf Women's Commission for Refugee Women
and Children, "UNHCR Policy on Refugee Women and Guidelines on their
Protection: An Assessment of Ten Years of Implementation, " May 2002. http://
www.hrw.org/ reports/2000/tanzania/ Human Rights Watch, "Seeking Protection:
Addressing Sexual and Domestic Violence in Tanzania's Refugee Camps," 2000. For
More Information http://www.unhcr.ch Office of the United Nations High
Commissioner for Refugees http://www.rhrc.org The Reproductive Health for
Refugees Consortium http://www.womenscommission.org The Women's Commission for
Refugee Women and Children Human Rights Watch 75 Volume 15, No. 8 (C)
ACKNOWLEDGMENTS Nisha Varia, Asia researcher for the Women's Rights Division,
authored this report based on research conducted in refugee camps in Nepal with
Therese Caouette, consultant to the Women's Rights Division. Janet Walsh,
deputy director of the Women's Rights Division; Alison Parker, acting director
of Refugee Policy; Rory Mungoven, director of Global Advocacy; Zama Coursen-
Neff, counsel to the Children's Rights Division; James Ross, senior legal
advisor; and Joseph Saunders, deputy director of the Program Office, reviewed
the report. LaShawn R. Jefferson, executive director of the Women's Rights
Division, Therese Caouette; Iain Levine, director of the Program Office; and
Shiva Eftekhari, Sandler Fellow to the Women's Rights Division, also provided
useful input. John Emerson formatted the maps and Erin Mahoney, Andrea Holley,
Fitzroy Hepkins, and Veronica Matushaj provided production assistance. Thanks
also go to several staff at UNHCR for their detailed comments on the report,
particularly Giulia Ricciarelli-Ranawat, protection officer, UNHCR Branch
Office, Kathmandu, Nepal, and Douglass Cubie, UNV associate protection officer,
UNHCR Sub-Office, Damak, Nepal. We also appreciate the feedback provided by
Sapana Pradhan-Malla, president, the Forum for Women, Law, and Development,
Nepal; the Women's Commission for Refugee Women and Children, New York; and
Beth Vann, global GBV technical advisor, Reproductive Health for Refugees
Consortium. Human Rights Watch takes full responsibility for any errors or
omissions in this report. We are grateful to the many individuals and
organizations that contributed to this research. UNHCR Nepal, Ratan Gazmere,
the Bhutanese Refugee Women's Forum, the women who served as women's focal
points in the camps we visited, and Rajkumar Khati all deserve special thanks
for their support in Nepal. We greatly benefited by the translation assistance
provided by Radha Adhikari, Dilu Khatiwoda, Nar Maya Monger, and Mohan Tamang.
We would also like to acknowledge the permission granted by the government of
Nepal to conduct research in the refugee camps. Human Rights Watch sincerely
thanks all the individuals who agreed to be interviewed for this report. Their
willingness to spend time with us and share information and experiences made
this report possible. The Women's Rights Division of Human Rights Watch
gratefully acknowledges the support of the Dobkin Family Foundation, the Ford
Foundation, the Moriah Fund, the Oak Foundation, the Streisand Foundation, and
the members of the Advisory Committee of the Women's Rights Division. Human
Rights Watch 76 Volume 15, No. 8 (C) Human Rights Watch Women's Rights Division
Human Rights Watch is dedicated to protecting the human rights of people around
the world. We stand with victims and activists to bring offenders to justice,
to prevent discrimination, to uphold political freedom and to protect people
from inhumane conduct in wartime. We investigate and expose human rights
violations and hold abusers accountable. We challenge governments and those
holding power to end abusive practices and respect international human rights
law. We enlist the public and the international community to support the cause
of human rights for all. The staff includes Kenneth Roth, executive director;
Michele Alexander, development director; Rory Mungoven, advocacy director;
Carroll Bogert, associate director; Barbara Guglielmo, finance director; Lotte
Leicht, Brussels office director; Steve Crawshaw, London office director; Maria
Pignataro Nielsen, human resources director; Iain Levine, program director;
Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations
representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein
is the founding chair. Its Women's Rights Division was established in 1990 to
monitor violence and discrimination against women throughout the world. LaShawn
R. Jefferson is the executive director and Janet Walsh is the deputy director.
Marianne Mollmann and Nisha Varia are researchers; Shiva Eftekhari is the
Sandler fellow; and Erin Mahoney is the associate. Kathleen Peratis is chair of
the advisory committee. Web Site Address: http://www.hrw.org Listserv address:
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