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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