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In 2022, Freedom House rated Nepal's human rights at 57 out 100, determining the country's status in terms of fundamental freedoms as "partly free". [1]
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Executive:
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| Nepalportal |
In 2022, Freedom House rated Nepal's human rights at 57 out 100, determining the country's status in terms of fundamental freedoms as "partly free". [1]
A clash between the Nepalese government forces and the Communist Party of Nepal (CPN- Maoist) occurred between 1996 and 2006, resulting in an increase in human rights abuses throughout the country. Both sides have been accused of torture, unlawful killings, arbitrary arrests, and abductions. Nepal was home to the most disappearances in the world during the conflict. The conflict is also considered one of the major reasons for a lack of development in Nepal, a reduction in human rights in the realms of poverty, health, education, and gender equality. Issues in these realms continue to persist today. Nepalese people face discrimination based on ethnicity, caste, and gender, and citizens living in rural parts of Nepal face a lack of access to adequate health care, education, and other resources. Violence continues to plague the country, particularly towards women. Economic inequality is prevalent, and health issues persist – including high child mortality rates in some areas, mental illness, and insufficient health care services. However, things have started to change after 2006, when the Comprehensive Peace Accord Comprehensive Peace Agreement was signed between the government, political parties and the Maoists to end a conflict from 1996 to 2006 and restore democracy and rule of law in Nepal.
From 1996 to 2006, Nepal experienced a violent conflict between the Nepalese government and the rebel political group the Communist Party of Nepal (the Maoists). The Maoists took arms against the Nepalese government to fight against what they saw as corrupt and discriminatory regime. [2] Researchers say that ethnic, caste, gender, and rural vs. urban disparities in Nepal fueled the conflict. [3] In 2006, both sides signed the Comprehensive Peace Agreement to end the violence and form a cooperative government. However, ongoing political strife continues to obstruct peace developments. [4]
According to Parker (2013), approximately 13,000 people died (including 500 children) and 100,000–200,000 Nepalis were displaced (including 40,000 children) during the war. Child Workers in Nepal reports that 27,323 children were taken from their communities to contribute to the war, possibly as child soldiers. Nepal ranked as the country with the most disappearances worldwide from 1996 to 2006. [5] Both sides of the conflict engaged in torture and indiscriminate killings, and civilians often became unintentional casualties or were attacked for allegedly supporting the opposing side. [2] [3]
The conflict caused deterioration in human rights conditions across Nepal. [3] [6] Human capabilities in the realms of health, education, gender equality, torture, child rights and more have been obstructed. [2] [3] [5] [6]
The government forces and the Maoists have both been accused of torturing political prisoners and those they suspect oppose their views during the 1996–2006 conflict, including children. [2] [3] There is evidence that Nepalese police have also tortured, particularly during the conflict. [2]
According to Stevenson (2001), forms of torture used during the conflict include physical, sexual, and psychological methods. The government used rape as a means of torture as well. [2] [3] Singh et al. (2005) reports that 70% of Nepalese inmates were tortured in prison, and the Center for Victims of Torture estimates that 16,000 people were tortured per year during the war. [3]
Both the Maoists and the Nepalese government used torture techniques to extract confessions and to force citizens to act in accordance with their dictates. Stevenson (2001) reports that 50% of torture victims stated they only confessed because of the torture they received. [2]
The long-lasting effects of torture can include physical issues such as disability, lingering pain, and weakness. Mental effects have also been documented, such as posttraumatic stress, anxiety, depression, sleep problems, eating difficulties, and dissociative disorders. [2]
From 1996 to 2006, Nepal ranked as the country with the most disappearances recorded. [5] The Nepalese government also frequently arrested and killed people with no explanation and no due process. Among the arrests, disappearances, and executions were civilians who were suspected of being against the government, NGO workers, and journalists. [3]
The Maoists have been accused of arresting and killing civilians as well. [2] During the conflict, they also took students to be trained to assist the Maoist forces, and possibly to become child soldiers. According to Child Workers in Nepal, approximately 27,323 children were taken. [5] The Maoists will not admit to training and using child soldiers, however, though researchers such as Parker (2013) claim there is evidence that they did. [5] The Maoists educated the students in their political point of view as well. [3] [5]
Current human rights issues include poverty (particularly in rural areas), education disparities, gender inequality, health issues, and child rights violations. [5] [6] [7]
Poverty is an ongoing detriment to human rights in Nepal. 42–45% of Nepalis are impoverished (surviving on income that falls beneath the poverty line) according to Parker (2013) and Paul (2012), while the 2014 Human Development Report for Nepal claims that 25% of Nepalese are in poverty. [5] [7] [8] The UN gives 64.7% as the proportion in poverty using the Multidimensional Poverty Index (MPI). [9] Bhusal (2012) reports that at least 75% of Nepal's citizens are in poverty if the poverty line is considered to be $2 a day; according to Bhusal, this higher poverty line better accounts for the practical social and cultural obligations that Nepalis face. [9]
Some areas of Nepal lack sufficient food supply for children; in the worst areas, 60% of children live without adequate food. [6] [7] According to the Human Development, the country's Human Poverty Index (HPI) is 31.12, a relatively high number (where a higher HPI indicates increased poverty). However, Nepal's HPI has been declining over the past years, decreasing by 21.4% from 2001 to 2011. [7]
Poverty is particularly high in Nepal's rural regions, whose poverty levels are reported to be between 1.8 and 10 times those of cities. [5] [7] Paul (2012) has measured poverty levels at 4% in the capital city Kathmandu and 56% in the rural Mountain area. [8] Paul also claims that the per capita income of people in urban areas is two times that of people in rural regions. [8] Rural areas also do not receive as much aid from NGOs as urban areas do, further contributing to the disparities. [3] In addition, researchers have observed that the most impoverished areas are slowest to show improvement. Researcher Lok P Sharma Bhattarai has stated that "[l]iving in the rural areas essentially means living in absence, struggling ‘hand to mouth’ and being powerless." (Bhattarai 2012, 244.) [10]
Despite poor HPI numbers, levels of inequality across Nepal appear to be decreasing over time, according to the 2014 Human Rights Report for Nepal. [7] However, Bhattarai (2012) claims that the number of people in poverty is rising, and according to Bhusal (2012), 80% of Nepalis have seen their quality of life go down within the last 15 years. [9] [10] Paul (2012) reports that Nepal's Gini coefficient is .51 – a higher number than those of surrounding countries. [8] Bhusal has also claimed that the top 20% of income earners brought in nine times the amount of money as the bottom 20% of income earners in 2005. [9]
Poverty is also linked with ethnicity and caste, though equality between ethnic groups and castes is increasing. However, ethnic minorities and some lower castes continue to experience higher rates of poverty. [7]
The 1996–2006 conflict in Nepal had a negative impact on health in Nepal. The violence was especially harmful to the health of women and children. The conflict prevented essential medical supplies from reaching those who needed them, particularly children. The maternal childbirth death rate during the conflict was at the high rate of 1 in 24. [6]
Medical staff's ability to work was also greatly impeded during the conflict, further harming the health of Nepalis. Staff was killed or arrested and hospitals were incapacitated. The violence forced many health workers to leave their jobs. [6]
Low health indicators continue to persist in Nepal today. [7] Health prospects vary greatly depending on where an individual lives in Nepal and to which class he or she belongs. [3] Bhuttarai (2012) reports that a study revealed 50% of poor Nepalis do not live within 30 minutes of a hospital. [10] In addition, many areas in the country do not have adequate access to clean water and food. [7]
This is particularly problematic for rural parts of Nepal, where there are fewer doctors. The same Bhuttarai study shows that only 21% of rural Nepalis live within three hours of a public hospital; the rest must travel even greater distances to reach a doctor. [10] Young child mortality rates in rural areas are also higher than they are in urban areas. [3] Elderly citizens also tend to live in rural areas disproportionately, which obstructs their ability to receive healthcare. Finally, Bhuttarai reports that people living in rural areas tend to spend more money on health care than do city dwellers. [10]
Mental health is also a significant problem in Nepal. Researchers have measured a rise in mental health issues such as depression, anxiety, and posttraumatic stress disorder, which they think may have been caused by the violence of the 1996–2006 conflict. [3] [6] Suicide has also become more common. [3] Though the demand for mental health treatment is high, there are only 0.22 psychiatrists, 0.06 psychologists, and 1.5 inpatient beds for every 100,000 people in Nepal, according to Luitel (2015). Throughout Nepal, primary care physicians do not have supplies of psychotropic drugs that they require, mental health workers are overwhelmed, and primary care doctors do not receive the guidance and training they need to effectively treat mental illness. [11] Rural areas of Nepal tend to particularly lack adequate sources of mental health treatment as well, as most mental health professionals reside in urban regions. [11] [12]
Singh (2005) reports that towards the end of the conflict, 30% of Nepalis had some form of mental health issue. [3] According to Luitel, Nepalis with mental health problems face stigma and discrimination; such stigma can discourage people from seeking mental health care. [11]
Some attempts to improve the healthcare system in Nepal are in progress. Simkhada (2015) advocates for creating a public health protection organization in Nepal, in light of the recent global spread of disease. According to Simkhada, "This service is much needed in order to co-ordinate, strengthen, and support activities aimed at protecting the whole population of Nepal from infectious diseases, natural disasters and environmental hazards." (Simkhada 2015, 442.) The organization would help to recruit qualified health workers, train health professionals, educate the public, improve the delivery of health resources, and promote health research. [13]
Children's access to education was greatly disrupted during the 1996–2006 conflict between the Maoists and the Nepalese government. [5] Students and teachers were attacked at school, and because of violence, some students were prevented from attending school during the conflict. [5] [6] Many schools were forced to close or faced reduced attendance because of attacks or threat of.Schools that remained open often held class for fewer hours, and student's time in the classroom overall decreased greatly during the war. [6]
The Maoists also occupied schools and used them as safe havens and as recruitment grounds. They taught children to be spies or messengers, and they took children to be trained to help the Maoist cause, possibly as child soldiers and child labourers. [5] The Maoists forced teachers to use Maoist curricula and express Maoist political views, often compelling them to do so through violent means. [2] Though the violence brought by the conflict was greatly detrimental to education, some Nepalis lauded the Maoists for making their school more inclusive to girls and those of lower caste, and for helping the school run more smoothly. [5]
Since the 2006 Comprehensive Peace Agreement, however, the violence has abated and more children are able to attend school. [5] However, several studies report that many children are still lacking education opportunity. [5] [6] Parker (2013) says that 18% of children age five to nine are not receiving an education. [5] However, the US State Department claims that 95% of boys and 94% of girls are enrolled in school. [12] Paul (2012) reports that illiteracy in Nepal is currently at 64%. This number varies widely between rural and urban areas; Paul measured the illiteracy rate at 37% in urban areas and 67% in rural areas. [8]
Girls, children of lower caste, and ethnic minorities are still not given equal education opportunity. [5] [6] [7] Children in rural areas also have reduced access to education, and children who were internally displaced persons (IDPs) during the war have had difficulty getting back to school. [7] [12]
The quality of schools in Nepal has also been questioned. More resources are needed to fund the schools and particularly to provide better school facilities. Schools also lack skilled and competent teachers; more quality teacher training is necessary. In addition, more comprehensive curricula are needed to accommodate students from all backgrounds. [5]
Women in Nepal face discrimination, inequality, and violence. [7] [7] [12] Laws against these crimes are frequently unenforced, and as a result many perpetrators do not face legal consequences. Women also often fail to report rapes and sexual harassment. According to the US State Department, one reason for the lack of sexual harassment reports is that Nepalis do not receive adequate education concerning the definition of sexual harassment. The State Department claims that continued custom of dowry giving (which is illegal) increases violence against women as well. [12] Women also faced violence during 1996–2006 conflict; Singh (2005) reports that 5000–10,000 women were trafficked every year. [3]
In addition, women face inequalities in health, income, and education. [7] Nepali women have a lower life expectancy than men, and medical care is preferentially given to boys over girls. [7] [12] Women in Nepal make 57% less than men, according to the 2014 Human Development report for Nepal, and the US State Department says that continuing violence women face limits their ability to support themselves. [7] [12] Though equality in education among girls and boys has increased since 2003 according to Parker (2013), education inequalities still persist. [5] [7] Researchers such as Raj et al. (2014) view these disparities as problematic, and present research that suggests girls who receive more education are less likely to be married before age 14 in Nepal. [14]
The Nepalese government, following the monarchy that ended in 2007, legalized cross-dressing and a third gender option in 2007 along with the introduction of several new law sets. Cross-dressing was also illegal under various laws against public immorality but now is freely allowed. In the 2011 Nepal census, conducted in May 2011, the Central Bureau of Statistics officially recognized a third gender in addition to male and female. It also provides citizenship, passport, Ncell sim card registration, etc. with a third gender option. Yet there is not great acceptance for them in the society. Most of the violence and discrimination comes to third genders. [15]
Local intersex activists have identified human rights violations including significant gaps in protection of rights to physical integrity and bodily autonomy, and protection from discrimination. [16] A first national meeting of intersex people look place in early 2016, with support from the UNDP. [17]
In Nepal, chattel slaves were acquired by the enslavement of indigenous people rather than from foreign slave trade import, and debt slavery was a common way of enslavement, often resulting in a man unable to pay his debt sold his children as slaves to pay his debt. [18] In 1803, enslavement of the two highest casts, the Brahmins and the Rajput Chetris was banned by law. [19] The enslavement of free people of any caste was banned in 1839, formally limiting the slave population to already existing slaves; however, the law remained mainly on paper and was not enforced. [19] Slavery in Nepal was banned 28 November 1924, and the law was enforced in 1925. [20]
According to the 2016 Global Slavery Index, an estimated 234,600 people are enslaved in modern-day Nepal, or 0.82% of the population. [21] One type of slavery in Nepal is kamlari, or domestic bonded labor. A child might be sold by their parents. [22]
On 1 June 2020, HRW urged Nepali authorities to investigate the crimes committed against Dalits after a number of caste-based incidents emerged over the past week. [23]
In 2023, the country scored 2 out of 4 for religious freedom. [24] Proselytizing is forbidden.
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The current population of Nepal is 29,164,578 as per the 2021 census. The population growth rate is 0.92% per year.
Children's rights or the rights of children are a subset of human rights with particular attention to the rights of special protection and care afforded to minors. The 1989 Convention on the Rights of the Child (CRC) defines a child as "any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier." Children's rights includes their right to association with both parents, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care, and criminal laws appropriate for the age and development of the child, equal protection of the child's civil rights, and freedom from discrimination on the basis of the child's race, gender, sexual orientation, gender identity, national origin, religion, disability, color, ethnicity, or other characteristics.
Prostitution is illegal in Nepal. The Human Trafficking and Transportation (Control) Act, 2064, Act Number 5 of the Year 2064 (2008), criminalises prostitution and living of the earnings of prostitution by including it in the definition of human trafficking. UNAIDS estimate there to be 67,300 prostitutes in the country.
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Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Nepal have expanded in the 21st century, though much of Nepal's advancements on LGBT rights have come from the judiciary and not the legislature. Same-sex sexual acts have been legal in Nepal since 2007 after a ruling by the Supreme Court of Nepal.
The status of women in Nepal has varied throughout history. In the early 1990s, like in some other Asian countries, women in Nepal were generally subordinate to men in virtually every aspect of life. Historically, Nepal has been a predominantly patriarchal society where women are generally subordinate to men. Men were considered to be the leader of the family and superior to women. Also, social norms and values were biased in favor of men. This strong bias in favor of sons in society meant that daughters were discriminated against from birth and did not have equal opportunities to achieve all aspects of development. Daughters were deprived of many privileges, including rights, education, healthcare, parental property rights, social status, last rites of dead parents, and were thought to be other's property and liabilities. In the past century, there has been a dramatic positive change in the role and status of women in Nepal, reducing gender inequality. While the 1990 Constitution guaranteed fundamental rights to all citizens without discrimination on the basis of ethnicity, caste, religion, or sex, the modernization of society, along with increased education of the general population, have also played an important role in promoting gender equality. The roles of women have changed in various ways in the modern Nepalese society.
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Human trafficking in Nepal is a growing criminal industry affecting multiple other countries beyond Nepal, primarily across Asia and the Middle East. Nepal is mainly a source country for men, women and children subjected to the forced labor and sex trafficking. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.
The incidence of child labour in Nepal is relatively high compared with other countries in South Asia. According to the Nepal Labour Force Survey in 2008, 86.2% of the children who were working were also studying, while 13.8% of the working children were not.
The World Health Organization (WHO) has defined health as "a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity." Identified by the 2012 World Development Report as one of two key human capital endowments, health can influence an individual's ability to reach his or her full potential in society. Yet while gender equality has made the most progress in areas such as education and labor force participation, health inequality between men and women continues to harm many societies to this day.
Women in South Sudan are women who live in and are from South Sudan. Since the Independence of South Sudan on 9 July 2011, these women have gained more power but still face issues of inequality. Many women in this area do not have adequate access to health resources and education. While these women often face inequality, there has been progress since South Sudan's official declaration of independence. In recent years, this inequality has gained national attention and people have become more interested in the issue of child marriage that this area faces. Along with this, there has started to be a focus on the very high level of maternal mortality in South Sudan. With a maternal mortality rate of 789 deaths per 100,000 live births, South Sudan has one of the highest rates in the world.
Haiti is impacted by structural violence, a form of dysfunction where social structures prevent certain groups of people from having access to basic human rights, like education and healthcare. This has resulted from its colonial history, and from decades of political instability and social unrest. Additionally, Haitians are financially impoverished and within Haiti, there exist social inequalities. In 2012, 58.5% of its population was below its poverty line. Educational standards within the nation are low, where its literacy rate is about 60.7%, below the 84.1% global average. Haiti is also globally ranked lower than most other nations in various measurements of health outcomes. Such health outcomes include life expectancy, mortality rates, and disease levels. While there has been some international assistance, there are insufficient supportive infrastructures in place within the country to provide resources and opportunities for Haitians who are trying to attain a higher quality of life. Causes that have resulted in higher levels of structural violence within Haiti include political instability and corruption, as well as the impact of post-colonialism, which has established a caste-based class system within Haiti.
Women in Nepal face high levels of gender discrimination. Although the constitution provides for the protection of women, including equal pay for equal work, the government has not taken significant action to implement its provisions.
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."
Gender inequality in Nepal refers to disparities and inequalities between men and women in Nepal, a landlocked country in South Asia. Gender inequality is defined as unequal treatment and opportunities due to perceived differences based solely on issues of gender. Gender inequality is a major barrier for human development worldwide as gender is a determinant for the basis of discrimination in various spheres such as health, education, political representation, and labor markets. Although Nepal is modernizing and gender roles are changing, the traditionally patriarchal society creates systematic barriers to gender equality.
Women were a significant group who were involved in the Maoist movement during the Nepalese Civil War, which refers to a violent insurgency that took place from 1996 to 2006. The insurgency was led by the Communist Party of Nepal (Maoist) (Nepali: नेपाल कम्युनिष्ट पार्टी, or CPN with the aim of establishing a People's Republic and ending the rule of the Nepalese Monarchy. During this time, over 13,000 civilians and public officials were murdered, approximately 200,000 were displaced, and numerous others were tortured, extorted, and intimidated. Although the majority of Maoist insurgents were men, the Maoist Party claimed that up to 40 percent of their 19,000 combatants were women. This was regarded as an unprecedented move at the time, given that women were forbidden from fighting in the Nepalese Army until 2003.
Intersex people are born with sex characteristics, such as chromosomes, gonads, hormones, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit the typical definitions for male or female bodies". Such variations may involve genital ambiguity, and combinations of chromosomal genotype and sexual phenotype other than XY-male and XX-female.
In 2015, Nepal introduced constitutional recognition for "gender and sexual minorities". Despite this, the rights situation of intersex people in Nepal is unclear. Local activists have identified human rights violations, including significant gaps in protection of rights to physical integrity and bodily autonomy, and protection from discrimination. A first national meeting of intersex people look place in early 2016, Organised by First openly Intersex Rights Activist Esan Regmi in Nepal. with support from the UNDP.
Inter-caste marriage is a type of marriage that is done outside of one's caste. Nepal has many castes and inter-caste marriage is generally considered taboo. However, this kind of marriage has been gradually gaining acceptance.
