UN HUMAN RIGHTS IN THE FIELD Front Initiative and the Human Rights Due Diligence Policy. OHCHR strengthened its monitoring in Northern Rakhine, including in relation to the human rights situation of the Rohingya population, through the deployment and further consolidation of its work with the refugee population in Cox’s Bazar. Non-Discrimination (ND) ND1 – In Myanmar, discriminatory laws, policies and practices that undermine the right to equality and the rights of religious, ethnic or national minorities, and women, children, or persons with disabilities, are reformed or abolished. These include the 1982 Citizenship Law and the four laws associated with the Protection of Race and Religion package. UN HUMAN RIGHTS IN THE FIELD the 1982 Citizenship Law and the laws that make up the Protection of Race and Religion package. The Office drafted a paper that was circulated in the context of the High Commissioner’s interactive dialogue with the Human Rights Council at its thirty-eighth session, in June. The objective was to further the resolution adopted at the Council’s special session on the Rohingya on 5 December 2017. To this end, the Office drafted and finalized a written report on the implementation of UN recommendations and Human Rights Council resolutions regarding the Rohingya, in December. The High Commissioner presented the report at the Council’s fortieth session on 20 March 2019. NEPAL Mechanisms (M) Population size1 Surface area1 Human Development Index2 NHRI (if applicable)3 29.62 million 147,000 km² 0.574 (rank: 148/188 in 2016) Status A, 2014 Type of engagement Human Rights Adviser Year established 2012 Field office(s) Kathmandu UN partnership framework United Nations Development Assistance Framework 2018-2022 Staff as of 31 December 2018 1 M1 – The monitoring mechanism for UPR and treaty body reporting is strengthened through timely report submission. Key OMP pillars in 2018 123 Please refer to Data sources and notes on p.191. KEY PILLAR RESULTS: Accountability (A) The Office contributed data and reporting on discriminatory laws, policies and practices regarding the Rohingya minority and noted that there is improved compliance with international human rights norms and standards. With limited access to the country, no international staff as of August 2017 and only two staff members that were working for the first six months of 2018, the Office spent considerable time re-establishing contacts and networks with Myanmar’s civil society and local human rights defenders. These efforts were complicated due to security and protection concerns. While the Office conducted regular missions to Cox’s Bazar from March onwards, it was only after August that prolonged missions took place, thereby enabling the development of contacts and networks with partners who are working on the human rights situation of the Rohingya. The Rohingya population is severely affected by discriminatory laws, such as 264 UN HUMAN RIGHTS REPORT 2018 A2 – The transitional justice mechanism is strengthened to investigate conflict-related cases, through the Truth and Reconciliation Commission (TRC) or the Commission of Investigation on Enforced Disappeared Persons (CIEDP); the National Human Rights Commission; or any other new institution appropriately developed for the purpose. Since the signing of the Comprehensive Peace Agreement in 2006, OHCHR has been supporting the Government of Nepal to move forward with its transitional justice process, by addressing the claims of victims who continue to wait for truth and justice, reparation and guarantees of non-recurrence. The Office continued to engage with the Government of Nepal to enhance the conformity of Nepal’s transitional justice mechanism with international human rights norms and standards by engaging in substantive dialogue with the Government and providing technical guidance on a comprehensive approach to transitional justice. During 2018, OHCHR engaged with the Government of Nepal in its process to amend the Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014), which contains several provisions that do not fully conform with international law and standards; and to revitalize the transitional justice process to meet the needs of the victims. In response to the draft of the amended Bill that was officially shared with OHCHR in June, the Office prepared a technical note to highlight its positive changes and outline its remaining concerns. OHCHR also advocated with the Government on the importance of meaningful consultation with relevant stakeholders, particularly victims, before finalizing the draft’s language. While the amendment process remained incomplete through 2018, OHCHR continues to advocate for the rights of victims and Nepal’s international compliance with international human rights law in 2019. Shifts: During the repor ting period, the Government of Nepal actively engaged in the review process of their State Party reports by CRPD (February), CERD (May) and CEDAW (October). OHCHR followed up with the Government and the Permanent Mission of Nepal in Geneva and encouraged their continued engagement with the treaty body reporting process. Nepal has a number of pending submissions to the international human rights mechanisms, including a State Party report for the Human Rights Committee, due on 23 March 2018 and another for CESCR, due on 30 November 2019. In addition, Nepal’s UPR State report is tentatively due in July 2020. Finally, the Government hosted a country visit by the Special Rapporteur on the human rights of migrants, in January, and a country visit by the Special Rapporteur on violence against women, in November. Non-Discrimination (ND) ND1 – Marginalized and vulnerable populations, including Dalits, women, persons with disabilities, LGBTI persons, are able to enjoy their equal status protected by the Constitution and have access to a functioning mechanism to redress grievances related to discrimination. Through supporting the review of Nepal by CERD, CEDAW and CRPD, the Office promoted the compliance of oversight and accountability mechanisms with international human rights standards regarding the rights of Dalits, women and persons with disabilities. Prevention UN HUMAN RIGHTS REPORT 2018 265

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