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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subscribe.htm Human Rights Watch 77 Volume 15, No. 8 (C)