National 6 (Spotlight Weekly)

International Commitment

Lack of parliament is hindering Nepal's efforts to sign an Optional Protocol to CEDAW, which would better enforce women's human rights

By A CORRESPONDENT

Even after years of signing and ratifying the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), women continue to suffer from serious discrimination and violence all over the world.

In order to better enforce women's human rights and fully implement the CEDAW, the UN had adopted the Optional Protocol in 1999 including provisions of access to justice for women at the international level.

Women rights activists here, too, have been advocating that Nepal sign the Optional Protocol. "It is necessary for Nepal to sign the protocol as it will ensure the rights of Nepalese women," said Babita Basnet, general secretary of Sancharika Samuha.

Government officials have signaled that they are ready and willing to sign the Optional Protocol. "The government does not have much reservation about this protocol. But the fact that we do not have a functioning parliament is hindering our efforts," a joint secretary said on condition of anonymity. But another official pointed out the need to implement the already signed commitments first. "It is more important to implement the available conventions and agreements rather than sign new ones," he added.

But the women activists feel there should be urgency in dealing with issues like these. "There is a precedent where the government ratified the WTO membership by changing the treaty law. The cabinet was thus able to ratify the WTO membership," said an activist.

The UN General Assembly adopted the Optional Protocol because violations of women's human rights remain widespread in all societies and cultures and because women are not aware of their rights and have difficulty getting remedies for violations of these rights.

The most significant part of the Optional Protocol is that it allows women who have been denied access to justice at the national level to have their claims reviewed by the committee of independent experts that monitors compliance with the Convention. However, exhaustion of national remedy in the concerned cases is the basic requirement before using the Protocol.

Activists believe that the Optional Protocol benefit women by catalyzing changes in national law and practices by motivating government to ensure that the Convention is implemented at the national level and national remedies are effective in order to avoid being called to account at the international level. Likewise, it could also provide redress for individual victims.

Nepal had ratified CEDAW in 1991, thereby, recognizing the rights of women and committing to eliminate all forms of discrimination against them. Activists say that Nepal can express its commitment in international level by ratifying the Optional Protocol. They add that it neither creates new obligation nor imposes any burden.

There are now 165 countries that are party to the CEDAW including Nepal. Till now 37 countries have already ratified the Optional Protocol.

Concerned Over Abuses of Children

The UNICEF has viewed with deep concern the media reports of new and continuing abuses of children, teachers and their schools.

“It is hard to think of a more terrifying ordeal for children,” Dr Suomi Sakai, UNICEF’s Representative in Nepal, said with regard to reports that children had been forced by Maoists to work on constructing explosive ambushes on roads and highways.

“They are at risk of being blown up by the explosives. They are at risk of being shot if discovered. And should they survive the experience, and are able to return to their homes, they risk being labelled as rebels and taken away." Her response came after reports that the Maoists were forcing children to plant road-mines in parts of Mahendra highway.

“I understand that some children are now too frightened to return to their homes and have fled. These children run new risks of being forced across the border or to other locations without family protection," a UNICEF statement quotes Sakai as saying.

“No child should ever have such a nightmare of being marched out of his or her home or school and ordered to help construct an ambush. No child can be said to have “volunteered” for such an activity. It is the responsibility of all adults to make sure that children have a safe environment.”

Dr Sakai said she was equally alarmed to hear of continuing reports that members of the security forces had committed acts of sexual violence against vulnerable girls and women in village communities.

“The cost of this conflict is becoming a bitter harvest, for it is damaging our children, the future of the country. Once again, UNICEF calls on all parties not to involve children in this conflict.”