HRW has called on the government of Nepal to prioritize transitional justice, social security and issues concerning migrant workers and LGBT rights.
Nepal’s new government should seize opportunities for progress on human rights, including transitional justice and social security, Human Rights Watch said in a letter to Prime Minister Khadga Prasad Oli on August 6, 2024. The government should also act to protect the rights of migrant workers and lesbian, gay, bisexual and transgender (LGBT) people.
Oli became prime minister for the third time on July 15, following a new coalition agreement between his Unified Marxist Leninist party and the Nepali Congress party. The new government has continued negotiations started by its predecessors to pass legislation that would establish a transitional justice process to address serious abuses committed during the 1996-2006 civil war.
“Nepal’s political leaders have made progress toward a credible transitional justice process, but success depends on legislation that meets standards set by Nepal’s Supreme Court and international law,” said Meenakshi Ganguly, deputy Asia director at Human Rights Watch. “The government should agree on amendments to address shortcomings in the transitional justice bill, then present it for passage in parliament without further delay.”
In October 2023, United Nations Secretary-General António Guterres noted that Nepal is closer than it has ever been to beginning a meaningful transitional justice process and pledged UN assistance.
The transitional justice bill contains provisions guaranteeing the right to reparations and the right of families of enforced disappearance victims to their relatives’ property. It mandates the Truth and Reconciliation Commission to study the root causes and impact of the conflict and to recommend institutional reforms. However, the bill still needs significant revisions if it is to ensure victims’ right to justice.
A recent report by the UN special rapporteur on transitional justice stated that allocating sufficient resources is key to guaranteeing the independence of transitional justice mechanisms. Donor funding should be managed in an accountable manner that upholds the independence of future transitional justice bodies, Human Rights Watch said.
Nepal has made significant achievements in protecting people’s right to social security, including through the Child Grant program, which has led to increased birth registration, improved access to food, and a lower likelihood of child labor for the recipients and their siblings. Research shows that the popular Child Grant program increases public support for the government.
However, while about 40 per cent of Nepal’s population is under 18, children receive only about four per cent of the government’s social protection budget. The Child Grant has been endorsed by numerous Nepali civil society organizations and international policy experts, including UNICEF, the International Monetary Fund, the World Bank, and the European Union, but is currently only available to 9.5 percent of Nepali children. Successive governments have not followed through on commitments to roll the program out nationwide. In April 2023, 16 Nepali and international civil society organizations wrote to Nepal’s finance minister urging expansion of the Child Grant program.
The Nepali government should adopt concrete measures to extend the Child Grant to all districts and increase the monthly payment to meet the ultimate goal of providing an adequate monthly income to all Nepali families with children, Human Rights Watch said.
The government should also act to protect Nepali migrant workers through bilateral labor agreements with destination countries that include strong provisions on responsible recruitment, wage protection, access to health care, occupational health and safety, and access to justice. Human Rights Watch also urged the government to ensure that Nepal’s embassies in migrant destination countries have sufficient resources to support workers who experience abuse.
Nepal is widely recognized for its achievements in advancing LGBT rights, particularly through a series of landmark Supreme Court decisions. However, the authorities have failed to properly carry out the rulings, in part due to a lack of comprehensive legislation. The government should bring legislation before parliament recognizing marriage equality. It should also issue a directive that transgender Nepalis can change their legal name and gender to male, female, or other without having to submit to medical verification.
“Prime Minister Oli has an opportunity to seize the moment and make important achievements on key rights issues, but the government will need to make sustained efforts and work closely with victims’ groups, rights organizations, and other partners,” Ganguly said. “Donor governments and the UN should stand ready with robust and adequate plans to support a Nepali-led process.”
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