National News Flashes - Nepal

WORLD MARCH OF WOMEN-NEPAL  
Brief report for 8th WMW International Meeting Quezon city, Philippines, 20th – 25th November 2011

Dear Chairperson, 8th WMW International Meeting
IC members and the delegates from different countries warm greetings from WMW-Nepal!

First of all I would like to convey my solidarity and wish for grand success of the 8th international meeting, I hope that, it will be fruitful and will brings many programs for the betterment of women lives of the world, helpful for building equitable, prosperous and prestigious just society.    

I am so sorry and feel sad because of unable to participate in this important meeting due to financial constraints so we missed it a lot. Although we are not able to join physically, we wish all the best for grand success of the conference. I hope the conference will be effective and fruitful to evaluate the program and make the future plan, Even though from Nepal we could not participate, we would like to share the brief report and situation of Nepal. 

I. Present situation of Nepal

The country is drafting a new constitution to institutionalize the historic achievements of Jana Aandolan (People's Movement) II. Women waited and struggled for a long time in the hope that women's  issues will also be prioritized along with the issues of national interest, security and people's livelihood but even after the country became republic these not been addressed properly.  Due to political instability frequent change of government within short period. Still Qualitative and positive change and development have been stagnated. In the process of completion of peace process 7 points agreements among major four parties shows rays of hope. 

Regarding women issues women actively took part in the pro-democracy movement of 1990, during the 19-day long April movement of 2006 in historic changes in the country resultantly the 33% women participation in constituent assembly and state mechanism as a state policy now it is the implementing phase, we can say structurally women becoming in the process of empowerment but we have challenges are how to produced efficient, qualitative socio-political women activist and leaders. Women are now demanding to ensure proportional and inclusive representation in every sector in the upcoming new constitution.  

As a positive indicator that there is sizable representation of women in the Constituent Assembly, but still the social justice for women in society is not been able to realized because of lack of physical infrastructures, dependency in production pattern on food security. Regarding violence against women domestic violence laws has been passed but hypocrisy of the Nepali society and transitional situation of the country are the hindrances to ensure women's rights and minimization of violence against women. Despite being a party to 16 international human rights instruments, including the CEDAW and constitutional guarantee to right to equality and non-discrimination, Nepal still has discriminatory legal provisions against women. The law enforcement mechanism also remains reluctant to ensure women's rights.  

Though the government and political parties have recognized that the denial of women’s rights not only as violation of women’s rights but the gross violation of human rights but they are yet to translate their commitments into reality. CEDAW provides a working forum for the process of eradicating gender-based violence and promoting gender equity in international community and every level of national life. Similarly, Article 20 of the Interim Constitution of Nepal 2007 has stated that every woman shall have the right to reproductive health and other reproductive rights and no physical, mental or other form of violence shall be infected on any women, and such an act shall be punishable by law. But our reality is very bitter as our rulers lack commitment to translate their commitments into reality. All the provisions related to women's rights and violence against women are limited in papers in the context of Nepal due to the indifference of the government and the political parties. The objectives of sustainable peace and creating a just and favorable society will not be achieved unless women were mainstreamed and proportional representation of women ensured in every organs of the state machinery. The state should suspend all the discriminatory laws and provide grounds to the women as equal citizens of the state. Women are demanding participation of women must be ensured in the peace process. 

II. Achievements of Movement and challenges

 On the one hand, we have some positive indicators that Nepali society is moving towards the fairness. We have so many instances of brutality of violence against the women which have hardly been addressed. The journey to equalizing men and women is moving ahead though not to the extent it should be. Interim Constitution of Nepal, 2007 is quite significant from this point of view. In its preamble, it is mentioned that the constitution has been promulgated having determined to resolve the existing problems related to gender along with other problems of inclusion of backward groups. It is for the first time in the constitutional history of Nepal that the issue of gender is addressed so directly in the preamble. Likewise, in the chapter of Citizenship it is mentioned that any person whose father or mother is Nepali is a Nepali. Thus, now a child can get Nepali citizenship on the basis of his/her mother's citizenship certificate. However, there is still discrimination that a foreign man marrying Nepali woman can not get citizenship as the foreign woman can. Interim Constitution of Nepal, 2007 can be said as a landmark in the movement of women rights in Nepali history since for the first time the women's rights has been incorporated as the fundamental rights in the constitution.

Under the Section of Fundamental Rights subsection “Rights of women”12, rights of the women are mentions as:
    No woman shall be discriminated against in any way on the basis of gender.
    Every woman shall have the right to reproductive health and other reproductive rights.
    No physical, mental or other form of violence shall be inflicted on any woman, and such an act shall The Constitution of Kingdom of Nepal.
    There is some important punishable by laws in the favor of women sons and daughters shall have equal rights to ancestral property.
    Similarly the special provision on care of women under Right to social justice it is mentioned that--Women, Dalits, indigenous ethnic groups (Adivasi Janajati), Madhesi communities, oppressed groups, poor farmers and laborers, who are economically, socially or educationally backward, shall have the right to participate in state structures on the basis of principles of proportional inclusion.

Nepal is passing through a transitional phase, whose complexity involves multiple factors. After the election to the Constituent Assembly (CA) in April 2008, Maoist party is leading government 2nd time with coalition with Madhesi parties, the 2nd and 3rd largest parties Nepali Congress and CPN(UML) i.e. Communist Party of Nepal(United Marxist-Leninist) are in opposition. Nepal’s political transition to peace has largely demanded proper address to the long-standing causes and outfits of impunity. Previously rebeller party CPN (Maoist) headed government trying to protect criminals in the name of political action. 

Nepalese people raising the voice for logical ending of peace process, establishment of rule of law by ending existing situation of impunity in the country and form the Truth and Reconciliation commission for the protection and promotion of human rights and establishment of peace in the society and also form the Peace and Rehabilitation, High Level Investigation Commission on Disappearances and Commission for Restructuring of the State to ascertain rule of law and sustainable peace and create conditions propitious for national reconciliation.  

A new political, economic and social transformation is underway. Almost two and half century old monarchy was primarily responsible for the perpetuation of underdevelopment, poverty and hunger in Nepal. Consolidation of feudalism under the monarchy had aggravated discriminations in every sphere of state structure and Nepali society. Now we are in the process to unblock the progressive transformation of Nepalese society. No doubt Nepal took a peace and progress initiatives political transition offers both opportunities and challenges for the protection and promotion of women's human rights, prestige and prosperity.  

III. Major Issues to be addressed

Despite the possibilities, Nepal is facing a difficult and painful transition and is now in extremely vulnerable and fragile stage the following are the major issues to be resolve by state;
a.  Addressing Impunity and Rule of Law
b.     Integration of Maoist Army One of the most sensitive issues is regarding the integration human rights and humanitarian laws violation
c.     Ensuring transparency at all level and minimize and eradication of corruption
d.     Creation of employment and address the vulnerability of unsafe, unmanaged and insecure foreign migration  
e.     Poverty alleviation and employment guaranteeing all human rights for all
f.     Addressing root causes of the conflict and structural violence
g.     Ending all forms of discrimination and exploitation
h.     Civil and political as well as economic, social and cultural rights
i.     Awareness raising, capacity building and empowerment of the conflict victims as well as the people at the grass-roots level
j.     Sensitization and lobby/advocacy with other stakeholders at the national as well as international level Support and pressurize political parties to strengthen their performance for peace, democracy and development
k. Increasing media intervention through people's access to media Coordination among civil society/human rights organizations to push forward the human rights agenda at all decision making processes
l.     People's mobilization for development activities
m. Facilitating people to strengthen local efforts of establishing peace through various means they deem necessary in their area, and encouraging other stakeholders to support these initiatives.

IV.    WMW-Nepal and member organization's Activities
Truly WMW-Nepal wants to organize many programs as other countries, but still we are in the stage of crippling, we organize the sharing and planning meeting jointly with JUBILEESouth, APMDD. Some of the member organizations are also not active and does not want to take initiative, so we are thinking to reorganize after the discussion with active and proactive groups. WMW-Nepal has not been able to organize the program itself, but the member organization has organizing many programs for women leadership development regarding implementation of 33% participation policy in political parties and taking initiatives for implementation in state machinery i.e. government administrative, security forces, police and military, diplomatic sector etc. The issue Violence against Women becoming a prominent issue in Nepal, ANWA and many other women organizations every year widely celebrating the 16 days campaign on violence against women, WMW-Nepal is also indirectly involved in this event.  Another upcoming prominent issue in Nepal is climate change, in this issue many activities has been set up by CCJN(Campaign for Climate Justice in Nepal) which affiliated with JS-APMDD, WMW-Nepal participated in this demonstration with play-card in the Global Week of Action vs. Debt and IFIs on October 16. Similarly, as an upcoming program Global Week of Action to Demand Climate Justice on November 20 to 26 It has plan of mobilization on November 21 and 22 in front of/near US Embassies and embassies of other Annex 1 countries demanding with the slogans:

- Reparations for Climate Debt! 
- Annex 1 Pay Your Due! 
- No to US “Pledge and Review”!
- Deep and drastic cuts in emissions!
- No to false solutions!
- No to climate loans! 
- No to World Bank in the Green Climate Fund!
December 1 – Global Day of Action calling for “World Bank and IFIs out of Climate!

V.    Future Plan and suggestion

However till now WMW-Now have not many activities organized but we are trying to do something better, so it seems necessary to reorganize it. After completion of the WMW conference, according to new strategies, policy and program, we will organize the sharing program and also set up the new programs. We urged with international committee to manage token money for the management of secretariat which makes comfortable and will encourage organizing the programs and expansion of WMW.  In solidarity and sisterhood Sujita Shakya Coordinator WMW-Nepal