Women's Rights: Comprehensive Peace Agreement

7.6.1. Both sides fully agree to special protection of the rights of women and children, to immediately stop all types of violence against women and children, including child labour as well as sexual exploitation and abuse, and not to conscript or use children who are aged 18 or below in the armed force. Children thus affected shall be rescued immediately and appropriate assistance as may be needed shall be provided for their rehabilitation.

Implementation History

2006

Intermediate Implementation

Some progress was made towards ensuring women’s rights, especially in terms of their representation in the government in the interim constitution making process.

2007

Intermediate Implementation

In the interim parliament, which was established through the Interim Constitution of Nepal (2007), there were 330 members, 57 of which were women. The total number of Maoist Parliamentarians was 83; 31 of these were women. The Interim Constitution of Nepal (2007) required, for the first time, that the one-third of total seats for the representation of women through the PR system. Given that the 1990 constitution mandated that at least 5 percent of the seats be represented by women, the 2007 constitutional provision indicates substantial progress.

2008

Intermediate Implementation

197 women were elected in the Constituent Assembly (30 through the FPTP system and 161 through the PR System). In the CA, 33 percent of elected members are women.1 However, whether these achievements survive will depend on the final constitutions.

  • 1. Seira Tamang, "The politics of conflict and difference or the difference of conflict in politics: the women’s movement in Nepal," Feminist Review 91 (2009): 61-80; Archana Aryal, Bullets to Ballots: Participation of Maoist Women in the Parliament and the Government of Nepal after the People’s Movement 2006, (MA Thesis prepared for the Graduate School of Development Studies, The Hague, the Netherlands, 2008).
2009

Intermediate Implementation

In the Constituent Assembly elected in 2008, 33% elected members were women. Among other issues, gender-based inequality declined. Problems such as regional disparity, however, still exist.2

  • 2. "Nepal Human Development Report 2009-State Transformation and Human Development," UNDP, 2009.
2010

Intermediate Implementation

The formation of the High Level Commission remains a contentious issue amongst political parties. Notwithstanding the delay in the restructuring of the state, parties were committed to the gender issues.

2011

Intermediate Implementation

The State Restructuring Commission took shape on 22 November 2011 and was given a range of responsibilities, including making recommendations on women’s rights. But it did not happen in 2011. According to Human Rights Watch Report, trafficking, domestic violence, dowry-related violence, rape and sexual assaults remain serious problem in 2011.3

2012

Intermediate Implementation

The State Restructuring Commission (SRC)4 voted for granting special rights to women representing ethnic, indigenous, Dalit, Muslim and Madhesi communities on 24 January 2012. But the SRC recommendation was not implemented because the major parties did not go with the SRC recommendation. On top of that, the Constituent Assembly was dissolved on 28 May after its failure to promulgate a new constitution. Gender-related violence remained a serious issue.

  • 4. "SRC hits priority rights hurdle," Kathmandu Post, January 25, 2012.
2013

Intermediate Implementation

As the parties moved to elect the Constituent Assembly for the second time, they agreed to take ownership of issues agreed in the erstwhile CA. This presumably includes an agreement on granting special rights to women representing marginalized communities. Nevertheless, the gender related violence remains a serious issue. Children born to non-Nepali fathers do not have citizenship rights.5

2014

Intermediate Implementation

Gender based discrimination remains a serious issue. The Human Rights Watch reported that much of the conflict-era sexual violence against women by both the government forces and the rebel forces remains unreported and uninvestigated.6 The most important issue however is whether women’s rights are promoted and safeguarded in the new constitution.

2015

Intermediate Implementation

Gender based discrimination remains a serious issue. Nevertheless, the draft constitution institutionalizes at least one-third representation of women in the national and provincial legislature. The draft constitution has a provision for the establishment of National Women’s Commission to protect and promote women’s rights including the monitoring of implementation of laws related to women and protection of their rights. The draft constitution guarantees gender equality and provides equal Jus Sanguinis rights.