Country Report on Human Rights Practices for 1990
NEPAL
Following the promulgation of a new Constitution on November 9,
Nepal became a constitutional monarchy with sovereignty vested
in the people. From 1960, when an elected party-based
government was dismissed, until April 1990, Nepal had been an
absolute monarchy. Political parties had been legally banned,
though limited party activity was tolerated in practice.
Members of the National Panchayat (legislature), which was
subordinate to the King, were elected on an individual, rather
than a party, basis. The political transformation began in
February with a campaign by the Movement for the Restoration
of Democracy (MRD) , led by a coalition of the moderate Nepali
Congress Party and seven Communist factions linked together in
the United Left Front. The Government initially attempted to
intimidate and punish those taking part in the MRD, responding
to the increasingly widespread public agitation with
repressive measures which included the preventive detention of
hundreds of political activists and brutal treatment of
demonstrators. Several thousand demonstrators and political
activists were held for varying periods of time over the
course of 7 weeks. The Government used press precensorship
and the seizure of published editions to stifle public debate,
and 40 journalists were arrested nationwide. Police fired on
demonstrators, causing an undetermined number of deaths,
though reliable investigations place the number at 45 between
the period from February 18 to April 9, and injuring many
more.
These measures proved ineffective in halting the popular
movement. King Birendra then dismissed the Panchayat
Government and on April 8 invited the formation of an interim
Government made up of the leaders of the MRD. The new
administration abolished the Panchayat system and its
associated organizations and is scheduled to hold multiparty
elections with multiple candidates in the spring of 1991.
Internal security in Nepal is maintained by the national
police and, as necessary, by the Royal Nepal Army. Because
communication links in Nepal are limited, local officials have
a great deal of autonomy and exercise wide discretion in
handling law and order.
Nepal is one of the world's poorest countries. Over 90
percent of its 20 million people are engaged in subsistence
agriculture. Economic development varies widely; the
Kathmandu valley and the Terai (the lowland area adjacent to
India) are developing more rapidly, but population pressures,
physical isolation, and environmental degradation in the hills
between the Terai in the south and the Himalaya mountain range
in the north keep the hills the poorest region of the country.
With the sweeping changes taking place in the political
system, human rights conditions improved dramatically,
affecting all spheres of public life and all major groups of
the society. Following the formation of the interim
Government, the ban on political parties and trade unions was
ended. The Organizations and Associations (Control) Act and
other authoritarian statutes were abolished, and almost all
existing restrictive laws ceased to be enforced. Political
and religious detainees were released. Since April thece have
been no reported incidents of religious harassment. In
general, almost all limitations on the exercise of the
freedoms of religion, speech, press, and association were
ended. Worker rights improved dramatically. The interim
Government's public statements reiterated a firm commitment to
respect human rights. A Constitutional Recommendations
Commission was established in June to draft a new charter
vesting sovereignty in the people rather than in the King and
providing a constitutional monarchy, democratic parliamentary
institutions, and fundamental civil and political rights. The
King will continue to exercise certain powers "with the advice
and consent of the Council of Ministers."
The principal area of human rights abuse remained police
treatment of prisoners. Beatings, sometimes severe, continue
to occur in criminal and political cases, as punishment and to
extract confessions. The interim government has paid little
attention to this situation. There also remain important
human rights concerns such as the broad powers of detention
which the authorities still enjoy under the law, and
restrictions on the right to a fair public trial and on
freedom of religion.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
During the MRD demonstrations, police used excessive force in
several incidents, killing and injuring an unknown number of
persons. Two human rights organizations, a governmentappointed
commission, and several other commissions were
formed by political parties to conduct investigations to
determine the number involved.
The government-appointed commission to investigate the loss of
life and property during the spring prodemocracy movement
submitted its report to the Government on December 31. It
found the death toll to have been 45; 2,300 were injured. The
commission recommended legal action against civil and police
officials responsible for the harsh tactics resulting in death
and injury. It will be the Government's responsibility to
decide whether to accept this recommendation and in what
manner to act. Neither of Nepal's primary human rights
organizations—the Human Rights Organization of Nepal (HURON)
and the Forum for the Protection of Human Rights (FOPHUR)
—
have disputed these findings.
HURON and other human rights organizations state that more
than 200 were injured by police firing on demonstrators in 10
separate incidents. Of these, over 50 were shot and injured
by police on April 6 in Kathmandu during the massive protest
rally that capped the demonstrations. The government
commission noted above documented two deaths. A minimum of
three more died during the agitation movement as a result of
police beatings. In late April, angry mobs killed at least
six policemen during a brief period of reprisals.
b. Disappearance
There were no reports of government-instigated disappearances.
However, the Government has established a five-person
commission to investigate the whereabouts of those missing or
dead since December 1960, when the late King Mahendra
abolished the elected Parliament and instituted the Panchayat
system. This will include the investigation of 24 people
still unaccounted for who disappeared during the prodemocracy
agitation in 1990 and of eight persons arrested in the
previous 5 years, whom local press and human rights
organizations reported missing. The commission does not
expect to complete its work until 1991.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Reliable sources, including eyewitnesses and medical
professionals who examined victims, report that hundreds of
the detainees during the MRD agitation in February-April were
beaten both during the arrest process and after
incarceration. Numerous human rights groups and other
credible sources reported these beatings of demonstrators and
arrestees, as well as widespread inhuman and humiliating
treatment by the police. Less widespread were reports of
torture. There are confirmed reports of people being made to
stand for long periods in ditch water during the cold months
of February and March. Others were beaten on the soles of
their feet. Under crowded jail conditions, detainees often
were denied minimal bedding. In other cases, meals brought by
families were withheld. There were also reports of
psychological torture. One prominent lawyer was transferred
from one facility to another in the middle of the night in a
manner which led him to believe that he was about to be
executed. His family was not informed of the transfer. Human
rights activists report that beatings were used most often to
intimidate youthful demonstrators and to discourage and punish
those believed to be political activists.
There are no accurate statistics on the number of people
beaten and badly mistreated during the MRD agitation.
Reliable human rights observers place the number of those
severely beaten nationwide at between 500 and 2,000. The
HURON estimates that approximately 500 were badly mistreated
in Chitwan in southern Nepal, 1,000 in the Kathmandu area, and
about 500 more elsewhere in the country. Since the change of
government in April, there has been one reported incident
involving beatings for politically motivated offenses. Twelve
political activists arrested in connection with the August 23
stoning of a royal entourage claim they were beaten, some
severely, while in police custody.
The three-person commission appointed by the Government to
investigate the loss of life and property during the
prodemocracy agitation and to look into charges of torture and
other mistreatment completed its work on December 31. It
recommended legal action against civil and police officials
responsible for deaths and injuries during the MRD agitation.
Police beating is still reported as a routine means of
extracting confessions from common criminals, particularly in
rural areas where police are often poorly trained and
supervised. The Government has rarely conducted
investigations into allegations of police brutality or
acknowledged public concern about its prevalence. Nepal's new
Constitution provides for compensation to those subjected to
physical or mental torture.
Three classes of prison facilities exist. Class "C"
cells—which generally hold common criminals, suspected
terrorists, and low-level political workers—are the worst.
They often have dirt floors, sparse or no furnishings, and
poorer food than in class "B" or "A" cells. The use of
handcuffs and fetters is sometimes reported. Prisoners in the
class "C" cells reportedly suffer the most abuse, such as
beatings and being forced to kneel for long periods.
Conditions in "B" and "A" cells are markedly better, with the
latter reserved for "prominent" persons.
Facilities for care and treatment of the mentally ill are
inadequate; such persons are often placed in jails under
conditions that are degrading and sometimes inhuman by
international standards.
d. Arbitrary Arrest, Detention, or Exile
During the February-April MRD agitation, the Government
frequently resorted to arbitrary detention and arrest in order
to intimidate and to discourage antigovernment political
activity. Following the change in political system in April
1990, the new Government established an investigative
commission to examine abuses during the period leading to the
overturn of the Government. By year's end, the commission had
begun its investigation. It is expected to take several
months to complete its work and report to the Government.
FOPHUR has estimated that there were between 20,000 and 30,000
instances of arbitrary arrest and detention nationwide for
periods of over 24 hours during that period. The most
conservative estimate by a human rights observer places the
total at a minimum of 5,000. These numbers include many
instances of repeat arrest or detention. The great majority
of detainees were held for 1 or 2 days and released without
being charged and tried. Others, particularly those suspected
of being activists, were held for periods of up to 2 months.
All of these detainees were released after the change in
governmient in April.
The law used most often to detain and arrest was the Public
Security Act. Under the Act, upon presentation of a notice
stating that he is being detained, a person can be held for up
to 9 months. This initial period can be extended once by the
court for an additional 9 months before charges must be
filed. A written detention order with "grounds and reason"
must be presented at the time of detention and the district
court must be notified within 24 hours. The listed grounds
for detention are open to broad interpretation. A person may
be detained if it is suspected that his actions might affect
1) the security of Nepal; 2) order and tranquility inside
Nepal; 3) amicable relations between Nepal and other friendly
states; or 4) amicable relations among people of different
classes or religions within Nepal. Persons detained under the
Act are not brought to trial. This law still exists but has
not been invoked since April. Like all other laws and
regulations, it will be reviewed within the coming year to
determine its compatibility with the new Constitution and
changed accordingly.
On August 27 the interim Government revoked the preventive
detention powers of district level officials and limited such
powers under the Public Security Act to the Home Minister.
Other existing laws have often been used to limit human
rights. The Public Offenses Act, aimed in part at limiting
public protest or demonstration, permits a district official
to issue an order for up to 6 months' detention, or a sizable
fine. This law still exists but was not used for political
offenses in 1990
.
Persons detained for the expression of views critical of, or
different from, those of the Government could also be charged
under the Treason Act. Its various clauses were used
periodically against political opponents and against persons
who criticized the King or the Government. It was invoked in
September to indict 12 people for the stoning of the royal
entourage at the Pashupatinath temple in Kathmandu. Charges
against the 12 were dropped in November following promulgation
of the Constitution. In addition, the previous government
sometimes charged persons under the Organizations and
Associations (Control) Act of 1962, which provided for the
prosecution of persons who violated the constitutional ban on
political parties. This Act was repealed in July.
Under current law, persons are permitted access to a lawyer of
their choosing only after they are no longer technically in
police custody, which can be up to 25 days in criminal cases.
Those detained under the Public Security Act are to be
presented with documentation stating they are being held under
the Act when they are imprisoned. For common crimes, the law
provides that a suspect must be brought before a court within
24 hours, and must be informed of the general grounds for the
arrest or be released. A 7-day extension may be granted for
the completion of the police investigation. The law generally
provides a person in detention with the right to a judicial
determination of the legality of the detention, but under the
former government this right was often disregarded. The
situation improved dramatically under the new Government, but
instances of abuse still occur. After the August 23 stoning
of a royal entourage, a minimum of 66 persons were detained.
Of the 12 who were eventually charged, all claimed that they
had been detained for at least 1 week before being charged,
and that they had not been allowed to see a lawyer for more
than 2 weeks.
There is a functioning system of bail, but bail levels were
substantially increased in 1987, making bail too expensive for
most Nepalese. Judges often do not set bail, and many accused
persons are held throughout their trial period.
Exile is not practiced.
e. Denial of Fair Public Trial
Nepalese law provides for the right to a public trial except
in some security and customs cases. The Constitution provides
for the right to counsel, protection from double jeopardy, and
protection from retroactive application of the law. These
rights were not always respected during the Panchayat era.
Under the new Government, there have been no reported
instances of abuse in this area.
Military and civilian courts are separate. Military courts
generally deal only with military personnel, but civilians may
also be tried in military courts for crimes involving the
military. Under the new Constitution, Nepal's judicial system
consists of three layers: the Supreme Court, appellate
courts, and district courts. The judges of all three layers
are appointed by the King upon the recommendation of the
Judicial Council. Article 93 of the Constitution provides for
this Council, whose function is to make recommendations and
give advice on matters of appointment, transfer, disciplinary
action against judges, and other matters relating to judicial
administration. The Judicial Council comprises the Chief
Justice of the Supreme Court, the Minister of Justice, the two
most senior judges of the Supreme Court, and one distinguished
jurist to be nominated by the King. As is the case for
virtually all important executive branch actions, the
Constitution does not grant the King specific veto power over
Judicial Council decisions. However, these decisions are
submitted to the King for approval in the form of
recommendations. The King may also authorize the Chief
Justice to appoint district judges on the recommendation of
the Judicial Council.
In the past, cases of terrorism or treason were often dealt
with under either the Destructive Crimes (Special Control and
Penalties) Act (1985) or the Treason Act. Both provided for
closed trials before specially constituted tribunals. The
Destructive Crimes Act was repealed in July. The Treason Act
remains in effect.
The judiciary is legally independent. Under the Panchayat
system, it was generally not assertive in challenging the
King. In the past, law enforcement officials freguently
ignored writs and orders issued by the Supreme Court. The new
Constitution allows the Supreme Court to initiate contempt
proceedings and impose punishment for contempt of itself or
subordinate courts. All lower court decisions, including
acquittals, are subject to appeal. The Supreme Court is the
court of last appeal, but the King may grant pardons and may
suspend, commute, or remit any sentence by any court.
FOPHUR claimed in June that 51 political prisoners imprisoned
under the former Government remained in detention. The claim
is based on FOPHUR ' s assertion that the charges under which
most* were convicted—murder, attempted murder, illegal
possession of weapons—were fabricated. Most of these persons
had been arrested, tried, and convicted on charges of
participating in terrorist acts. The new Government promised
in June to appoint a special commission to investigate. In
early November, HURON also called for the release of these
prisoners on grounds similar to those cited by FOPHUR. As of
the end of the year, the commission had not yet been
appointed. On December 29, King Birendra, on the occasion of
his birthday, granted amnesty to at least nine of the persons
whom FOPHUR and HURON considered to be political prisoners.
Others remain in custody.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
While the Government has generally respected the privacy of
the home and family, principles bolstered by Nepalese law and
tradition, there have been exceptions. Search warrants are
required before search and seizure, except in cases involving
suspected security or narcotics violations. The Police Act of
1955 empowers the police to issue warrants for search and
seizure in criminal cases upon receipt of information about
criminal activities. The Chief District Officer (CDO) in
misdemeanor cases and court judges in felony cases must
approve warrants within 24 hours after they are issued. Homes
were often searched without warrants during the MRD agitation
period. Before the April revolution, the correspondence of
some persons, both Nepalese and foreign, was opened with
little attempt at concealment. No similar incidents have been
reported under the new Government.
Under the Panchayat system, the government frequently
confiscated foreign publications and periodicals containing
articles critical of the government or the monarchy. There
were no reports of such confiscations under the new Government.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Under the former constitution, freedom of speech and of the
press were both provided for, with the major exception that
they could not be exercised in support of a political party or
"to the detriment of the common good, the monarch, or members
of the royal family. " In practice, this rule was broadly
interpreted to permit criticism of the government but not of
the monarchy or of the royal family. In addition, provisions
of the Freedom of Speech and Publication Act (1980) placed
limits on material which might undermine the interests or
sovereignty of the nation; contravene principles which
underlie the Constitution; or encourage, abet, or propagate
party politics. This Act was repealed in July. Under the new
Constitution, the freedoms of speech and of the press are
guaranteed, though restrictions exist citing vague grounds,
such as undermining the "sovereignty and integrity" of the
nation and disturbing "harmonious relations" among the
people.
The sole radio and television stations in Nepal are government
controlled. Prior to the MRD unrest, their programming
closely reflected the views of the government. While coverge
of criticism of the government remains inadequate, programming
now reflects a broader range of interests and political
viewpoints.
The two Nepalese dailies with the largest circulations are
government organs. Under the Panchayat system, they carried
limited coverage of opposition activities and muted criticism
of the Government. Since the political changes of April,
their coverage, too, has broadened to reflect a wider range of
viewpoints. In most circumstances, editorial views reflect
government policy, but editors possess and at times exercise
the right to publish critical views and alternate policies.
A large number of Nepal's 400 publications (some of whose
circulation is only in the hundreds of copies) have always
been vigorous and candid in their criticism of the
Government. The Nepal Journalists' Association reports that
between January and April, 40 journalists were arrested for
comments critical of the Government. In the MRD ' s early days,
several papers halted publication to protest government
attempts to precensor the press. Over 10 papers had entire
runs of issues seized by authorities when they ran articles
judged to be overly critical. Several papers were pressed
into severe financial straits after the Government seized
successive editions.
Since the political changes of April, there have been no
reported abridgments of freedom of speech. Freedom of the
press has come into question only once, when authorities in
Janakpur charged two persons with slandering the royal family
in print. Charges were dismissed in December following
protests by the Nepal Journalists' Association to the Prime
Minister. Separately, an editor was detained overnight in
November for publishing "insulting" remarks against the Queen,
but no charges were pressed. There have been no new reports
of the former practice under the Panchayat system of seizing
or banning foreign publications deemed to carry articles
unfavorable to the Government or to the monarchy.
Academic freedom under the Panchayat system was limited.
Professors at both of Nepal's universities are essentially
civil servants and therefore had limited autonomy under the
political restrictions of the past. The tenure system
provided little protection from government intrusion, and
self-censorship was prudently practiced by many academics.
Three lecturers were dismissed at one campus on February 13
for engaging in political activities. After the Panchayat
system ended, the three were reinstated. Since that time,
there have been no reported restrictions on academic freedom.
b. Freedom of Peaceful Assembly and Association
Under the Panchayat system, there were strict limitations on
both assembly and association. Regulations permitted local
authorities to prohibit meetings, speeches, and posters if
they were found not to be "for the convenience or good of the
general public. " These regulations were frequently invoked.
Various laws and regulations also prohibited activities
detrimental to the monarchy, relations among people, or
national security. The Organizations and Associations
(Control) Act (1962) specifically required that all
organizations be registered with the Government and stipulated
that the members of applying organizations receive a police
report stating that they were not "antisystem. " All political
parties were illegal under the Panchayat system, although in
practice political party members were generally permitted to
assemble privately and to express their views in the
independent press. During the MRD agitation, people were
often prevented from, or punished for, gathering for political
purposes. On March 16, police arrested 158 artists and
writers taking part in a peaceful demonstration with tape over
their mouths to protest restrictions on the freedom of
speech. They were released later in the day. On March 20,
over 500 intellectuals and human rights activists were
arrested at a university symposium on the MRD. Several
prominent MRD leaders arrested that day were jailed. Most
were released after 1 or 2 days.
The Organizations and Associations (Control) Act (1962) was
repealed in July 1990. Since the lifting of the ban on
political parties on April 8, there have been no reports of
arrest or detention for exercising the freedoms of assembly or
association. Under the new Constitution, freedom of assembly
is guaranteed. However, a caveat allows restrictions on vague
grounds such as undermining the "sovereignty and integrity" of
Nepal or disturbing "law and order."
c. Freedom of Religion
The majority of Nepalese are Hindus, and Nepal is officially
described as a Hindu kingdom. There is a large minority of
Buddhists, a smaller number of Muslims, and a small but
growing number of Christians. Non-Hindus are allowed to
practice their religion and to maintain places of worship.
Many foreign Christian clergymen reside and work in Nepal in
various fields. Religious education is offered by non-Hindus,
including Muslims and Christians. Religious publications are
imported mainly from India and are widely circulated.
Article 19 of Nepal's new Constitution contains language
identical to Article 14 of the former constitution in
I
providing that "every person, having regard to the traditions,
may profess and practice his own religion as handed down from
ancient times," and that "no person shall be entitled to
convert another person from one religion to another." The new
Constitution also has a new clause which provides that "every
religious denomination shall have the right to maintain its
independent existence and for that purpose to manage and
protect its religious places and trusts as provided under the
law." In addition, the current legal code now provides a
maximum penalty of 1 year in prison for any Hindu who converts
to another religion and 3 to 6 years for any person who seeks
to proselytize a Hindu. The State views the conversion of
Hindus as a more serious crime than the conversion of
non-Hindus because conversion from Hinduism is regarded as
undermining the religious and ideological underpinnings of the
State. There is no penalty if a non-Hindu converts.
In the past, Nepalese authorities, particularly in the
conservative countryside, have taken the prohibition on
conversion very seriously. At the time of the MRD
demonstrations, local Christian leaders reported that at least
23 Nepalese Christians and 1 Muslim were serving prison
sentences of 3 months to 7 years for proselytization. An
additional 24 Christians were in custody awaiting trial for
religious offenses. On June 11, King Birendra granted amnesty
to all those who were imprisoned for religious offenses "in
view of the new political environment obtaining in the
country." All pending cases for religious activities were
dropped. Since the political changes of April, Christians and
other non-Hindu groups have freely engaged in a wide variety
of religious activities, including an Easter Day procession
and the sale of religious publications. Apart from some
incidents of harassment of Christians in Nepal's conservative
rural areas, there have been no new reports of religious
persecution since April.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Citizens of Nepal may generally move and reside freely,
although the Constitution provides for restrictions which are
"in the interest of the general public" and restrictions on
acts "which disturb harmonious relations." Foreigners
(including Tibetans resident in Nepal) and journalists are
restricted from traveling to several border areas. Nepalese
abroad are free to return home. There are no known cases of
revocation of citizenship for political reasons.
Travel outside of Nepal is generally not restricted for
Nepalese citizens. However, it is limited in the case of
Tibetans resident in Nepal who wish to visit India, with
occasional exceptions. Prior to April, there were reported
instances of the government sometimes delaying or otherwise
making it more difficult for students to travel to Commitiunist
countries, either at their own expense or through host
government scholarships not administered by the Nepalese
Government. Since April, there have been no reports of such
difficulties.
Nepal has no stated refugee policy. The United Nations High
Commissioner for Refugees opened an office in Kathmandu in
October 1989. The Government is aiding its efforts by sharing
lists of newly registered refugees and asylum seekers from
China. In the past it has accepted and assimilated
approximately 14,000 Tibetan refugees. Border restrictions.
tightened in 1988 by a joint Nepalese/Chinese agreement,
continued to be stringent on the Nepal side of the border in
early 1990. There was a reported relaxation after the change
in government, as many of the checkpoints on the road between
the border and Kathmandu were removed. However, 103 Tibetans
who attempted to cross from China into Nepal in the period
August through November without appropriate documentation were
turned back by local authorities at the border in 10 separate
incidents. The largest group had 43 people and the smallest
numbered 2.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Under the Panchayat system, Nepalese citizens did not have the
right to change their government. Political legitimacy flowed
from the King, who dominated the political scene, and who was
established in the previous constitution as the "sole source
of power." There was no mechanism by which they could legally
change the political system. Under the new Constitution,
promulgated on November 9, Nepal is a constitutional monarchy
with sovereignty vested in the people. The people, through
their elected representatives, have the right to change all
but the most basic aspects of the body politic—sovereignty
vested in the people, the multiparty system, fundamental
rights, and the constitutional monarchy—through
constitutional amendment.
Nepal is now governed by a party-based coalition interim
Cabinet appointed by the King. After elections, expected to
be held in the spring of 1991 (the first multiparty elections
with multiple candidates in 30 years), it will be governed
under a bicameral parliamentary system, with the King
appointing as Prime Minister the leader of the Parliament's
majority party. In the case of no clear majority, the King
will appoint the leader of the party most likely to command a
majority in combination with one or more other parties
represented in the House. The King will continue to exercise
certain executive powers "with the advice and consent of the
Council of Ministers." These include exclusive power in
enacting, amending, and repealing laws relating to succession
to the throne. The King's income and property are tax exempt
and inviolable. No question can be raised in any court about
any act performed by the King. The new Constitution also
permits the King to exercise emergency powers in the event of
war, external aggression, armed revolt, or extreme economic
depression. The emergency powers allow him to suspend the
freedoms of expression and assembly, freedoms from censorship
and preventive detention, and other basic freedoms without
judicial review. The rights to form associations and of
habeus corpus may not be suspended. A state of emergency may
be maintained for up to 3 months without legislative approval,
and up to a total of 6 months if legislative approval is
granted.
Elections are to be held every 5 years at various levels based
on universal suffrage and with a secret ballot. The new
Constitution bars registration, and thus participation in
elections, of any political party based on caste or community
or which does not operate openly and democratically.
There are no specific laws that restrict women or minorities
from participating in the Government or political parties, but
lingering conservative traditions serve to limit the influence
of both women and some castes and tribes in the political
process. The new Constitution requires that at least 5
percent of the candidates for the House of Representatives
from each registered political party be women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The interim Government created several commissions to
investigate incidents of torture and loss of life under the
previous Government. These include the three-person
"Commission to Investigate the Loss of Life and Property"
during the agitation period; the five-person "Commission to
Investigate Dead and Missing since December 15, 1960," and the
one-person "Commission to Investigate Brutalities in the
Period from February 16 to April 22." The first commission
submitted a report to the Government in December and the third
reported in September. As of the end of the year, neither
report had been made public.
Nepal has over a dozen nongovernmental human rights
organizations. The two main organizations are the Forum for
the Protection of Human Rights (FOPHUR) and the Human Rights
Organization of Nepal (HURON) . Both are considered to be
accurate and relatively unbiased in their reporting despite
the fact that FOPHUR is associated in the public mind with the
left-leaning parties and HURON with the middle-of-the-road
Nepali Congress Party. In September 1989, the Government
accepted the registration of a human rights group known as the
Human Rights Association of Nepal (HURAN)—the first to be
granted official status. (Registration has not been required
since the repeal in July 1990 of the Organizations and
Association (Control) Act). While considered by some to be
"government-sponsored," HURAN' s board of directors includes
members who were actively opposed to the Panchayat system as
well as those who accepted or supported it. HURAN has been
basically inactive during and since the MRD demonstrations.
The government-appointed commission to investigate dead and
missing since December 1960 includes representatives from
major human rights organizations. In addition to these,
FOPHUR, HURON, and several political parties have set up
independent investigations of torture and killings during the
MRD demonstrations. Without exception, the latter all report
noncooperation from police authorities in their efforts to
gather information.
Over the past few years, the Government appeared to grow more
sensitive to international opinion on human rights issues and
allowed visits by international human rights organizations
such as Asia Watch (AW) and Amnesty International (AI). In
March, during the height of the MRD demonstrations, a
two-member AW investigative team visited Nepal for 10 days. A
three-member AI team visited Nepal for 10 days in April,
immediately after the restoration of party politics. Both
teams met with political activists who had been arbitrarily
detained, relatives of those shot by the police, victims of
police torture, government officials, and others. Neither
investigative team was hindered in its movements within Nepal.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution forbids discrimination based on sex. Women
in Nepal have the right to vote and to hold property in their
I
own names. However, women do not enjoy these rights fully in
many rural areas, where the weight of tradition, lack of
education, and ignorance of the law remain severe inpediments
to the exercise of these rights. The female literacy rate in
1988 was 18 percent, compared to the average literacy rate of
33 percent. Women are engaged chiefly in agriculture and, to
a lesser extent, small trading.
Over the years, women have benefited from various changes in
marriage and inheritance laws. The Divorce Law grants
Nepalese women the right to divorce, but on more narrow
grounds that those available to men. For example, the
marriage "will terminate automatically" if a woman commits
adultery, but the reverse is not true. A man may also divorce
his wife if she fails to bear children. There is no provision
for divorce if the man is infertile. Child custody laws also
discriminate against women. A woman must give up her child to
her former husband if she remarries or when the child reaches
the age of 16, whichever comes first, unless the husband
chooses to give up his rights to the child. Alimony is
awarded if the divorcee has no means of support for a period
of 5 years or until she remarries, whichever comes first. In
December the Government acceded to the 1979 United Nations
Convention on the elimination of all forms of discrimination
against women. By signing this Convention, and by
strengthening provisions in the Constitution regarding women
(such as equal pay for equal work), the Government committed
itself to improving further the position of women in Nepalese
society.
Wife beating is said to be common, though little is known
about its extent. Abuses occurring within the family are
seldom mentioned owing to the value attached to personal
privacy in Nepal's traditional society. In general, there is
virtually no public attention to or discussion of violence
against women, nor do any government policies focus on it as
an issue.
Trafficking in women is a deeply ingrained social problem in
several of Nepal's poorest areas. Estimates of the total
number of Nepalese girls and women working as prostitutes in
the red-light districts of India's major cities vary between
10,000 and 100,000. Coercion is often involved, although it
is impossible to gauge its extent. Newspapers occasionally
report the arrest of men attempting to abduct young women or
trick them into going to India. Economic incentives also
entice many other women. In certain parts of Nepal, mothers
raise their daughters with the expectation that they will
spend several years in the brothels of India and then return
with their earnings and settle in their native villages.
While the Government prosecutes instances of coercive
trafficking brought to its attention, there are few active
measures to stop it. The reported spread of AIDS within
India's red-light districts has discouraged the Government
from aggressively promoting the return and rehabilitation of
Nepalese prostitutes. Government efforts thus far focus more
on preventing voluntary prostitution than on rehabilitation.
The Women's Development Division of the Ministry of Labour and
Social Welfare sponsors income-generating skill training
programs in several districts known for producing India-bound
prostitutes. One specific aim is to provide an alternative
means of income.
Under the Panchayat system, the Nepal Women's Organization
(one of six "class" organizations set up by the former
Government) was charged with protecting women from
exploitation and making women aware of the legal protections
available to them. The Organization was dissolved after the
restoration of party politics in Nepal. In Nepal's new open
political atmosphere, a growing number of women's advocacy
groups are taking up women's issues. Nearly all political
parties have their own women's group to press for women's
causes. In its time, the Panchayat Government had adopted
policies designed to encourage women's participation in family
planning, adult education programs, and small-scale
income-generating enterprises.
Still largely a traditional society, Nepal remains wedded to
the caste system. Public discrimination on the basis of
caste, particularly the public shunning of "untouchables," has
been outlawed and is officially discouraged. However, it is
still common, particularly in the rural areas of western
Nepal. Differentiation in economic, social, and educational
levels tends to be a function of historical patterns,
geographical location, and class origin. The spread of
education and higher levels of prosperity, especially in the
Kathmandu Valley, are slowly reducing caste distinctions and
increasing opportunities for lower socioeconomic groups.
Politics and senior jobs in the government administration and
army in Nepal continue to be dominated by higher and better
educated urban-oriented castes (Brahmin, Chhetris, and certain
elements of the Newar community) , but the representation of
other castes is slowly increasing.
Section 6 Worker Rights
a. The Right of Association
Prior to the change of government in April, the sole legal
trade union body was the Nepal Labor Organization (NLO) , one
of six "class organizations" set up by the regime both to
maintain control and represent group interests. The NLO was
abolished by the new Government. Article 12 of the new
Constitution provides for the freedom to form and to join
unions and associations.
Organized labor itself is in a state of transition. Freed
from previous restrictions and with the backing of the newly
functioning political parties, 14 trade and professional
unions linked to these parties (including Communist factions)
were formed after April, along with dozens of ad hoc employee
organizations in individual enterprises. Most have drawn up
extensive demands, ranging from large salary increases to
special benefits of all kinds. Following the change of
government, strike action became widespread, especially in
Kathmandu and among private sector enterprises.
The Government in June formed a 27-member National Labor
Advisory Committee, which includes trade union as well as
management and government representatives. The Government
fixes minimum wages on the recommendation of the National
Labor Advisory Committee. Another government commission was
established to review the legal rights, working conditions,
and collective bargaining status of civil service employees.
The employees of state corporations formed many unions after
April.
A code defining and regulating worker rights is included in a
pending major overhaul of labor law. At present, the primary
y
reference for labor rights is the 1977 version of the
Factories and Factory Workers Act. A new Trade Union Act
drafted with the assistance of the International Labor
Organization (ILO) is expected in 1991, along with a separate
Disputes Settlement Act and legislation governing civil
service.
The Organization and Control Act of 1963, which restricted
formation of unions and political parties, was repealed in
July. The new Trade Union Act is expected to require
registration of unions but without prior government approval.
The Constitution permits restriction of unions only through
legal measures in cases of subversion, sedition, or similar
conditions.
According to the Department of Labor, labor organizations have
so far embraced about 3 percent of Nepal's 9.2 million
economically active population, or approximately 30 percent of
nonagricultural workers. Unions exist in the industrial
sector, the civil service, public enterprises, among teachers,
garment, and carpet workers, and in service sectors such as
tourism. About 10 percent of the working population is
employed in these formal sector activities, with the remaining
90 percent engaged in agriculture and the informal sector.
Most of the strikes which occurred after April were resolved
through direct labor -management negotiation, generally with
substantial benefits granted. Others, including strikes at
state enterprises, required Labor Department mediation, and in
a few cases the Cabinet's involvement. The Government has
attempted with some success to encourage sector-wide
negotiations, for example with hotel and restaurant workers.
The draft Trade Union Act is expected to recognize the right
to strike, as does the original 1959 Factory Workers Act.
There are no restrictions on forming confederations or joining
international labor bodies. The Nepali Trade Unions Congress
(NTUC), which is linked to the Nepali Congress Party, has
applied to join the International Confederation of Free Trade
Unions. The General Federation of Nepalese Trade Unions,
which is linked to the Communist Party of Nepal
(Marxist-Leninist), is affiliated with the
Communist-controlled World Federation of Trade Unions. It is
expected that the new Trade Union Act will stipulate
procedures for affiliations.
In June the ILO Committee on Freedom of Association recognized
the positive developments in Nepal's labor situation and
adjourned without examining a case filed against Nepal. It
requested the Government to provide details regarding alleged
repression of the Nepal National Teachers Association (NNTA)
under the previous government before it could make a final
determination. As of the end of the year, the Government had
not yet responded. Negotiations were under way between the
Government and the NNTA by which the NNTA would withdraw its
case before the ILO if the Government reinstated NNTA member
teachers dismissed by the previous government.
b. The Right to Organize and Bargain Collectively
At present, there is no legal provision for collective
bargaining, although the contemplated Dispute Settlement Act
may address both discrimination and collective bargaining. In
practice, collective bargaining has been the primary mechanism
for setting wages since April. Of the dozens of shop-floor
level associations that have sprung up, many have been
successful in winning wage increases of up to 80 to 100
percent, mostly as a result of walk-outs, sit-ins, or
threats. Often, settlements reached one week have been
followed by immediate demands for new wage increases. There
are no legal provisions prohibiting discrimination by
employers against union members or organizers, but antiunion
discrimination by employers in the current atmosphere is
unlikely.
There are no special economic zones in Nepal, and labor law
and practice is the same throughout the country.
c. Prohibition of Forced or Compulsory Labor
Article 20 of the 1990 Constitution prohibits traffic in human
beings, slavery, serfdom, or forced labor in any form. This
is consistent with the previous constitution. The Department
of Labor enforces laws against forced labor in the organized
sector of the economy. However, although its extent is not
known, bonded labor is an aspect of traditional society in
some parts of the west and the south. (See also the
discussion of trafficking in women in Section 5.)
d. Minimum Age for Employment of Children
The legally defined minimum age for employment of minors is 16
in industry and 14 in agriculture. The Constitution
stipulates that children shall not be employed in factories,
mines, or similar hazardous work. There is no compulsory
education legislation or specific child protection act in
Nepal. The Department of Labor enforces the minimum age law
only in the larger enterprises of the formal sector; however,
child workers are found in all sectors of the rural and urban
economies. Child Workers in Nepal (CWIN), the only national
social action group dedicated to child rights and welfare,
estimates that 4.8 million Nepali children work at least part
time. As with the population at large, the overwhelming
majority of these children are engaged in family subsistence
agriculture, but children can be found, usually doing menial
jobs, in almost every occupation. Child employment is
particularly common in the smaller enterprises in
construction, carpet weaving, restaurants, garment
manufacturing, and domestic work.
Child labor in Nepal is encouraged by such factors as
poverty, rural-urban migration, demand for cheap and easily
controlled labor, and traditional culture where child
employment is considered a normal feature of apprenticeship or
family survival. The interim Government has taken some
measures to protect the rights of the child. These include
acceding to the United Nations' Convention on the Rights of
the Child in August, and to the World Declaration on the
Survival, Protection, and Development of Children in December
1990. By signing these two documents, the Government of Nepal
formally committed itself to the goals set out in them.
e. Acceptable Conditions of Work
In July the Government agreed to an NLAC recommendation to
increase the minimum wage in four categories by an average of
41 percent. Monthly minimum wages are: unskilled—$26;
semiskilled—$28, skilled—$32; highly skilled—$38 (at
September 1990 exchange rates). These rates are generally
adhered to in the urban organized sector, but these wages are
sufficient only for the most minimal standard of living. Wage
rates in the unorganized service sector and in agriculture are
generally lower.
The Factory Workers Act stipulates a 48 hour workweek, 1 day
off per week plus 30 holidays or leave days, 15 days of sick
leave, overtime limited to 15 hours per week, health and
safety standards, and other benefits such as the provision of
a provident fund and maternity benefits. Implementation of
the Act has improved as a result of the successful pressing of
demands by new active labor unions in the past 6 months. The
Labor Department is charged with enforcing compliance and,
although performance is uneven, it has intervened effectively
in response to labor union demands in some of the larger
enterprises. Enforcement is less likely to take place in
smaller enterprises of 50 workers or fewer and is nonexistent
in the informal sector. There are no accurate data on
industrial accident rates.
