A/HRC/61/41/Add.1
60.
As Nepal finds itself in a period of political transition, it must seize the
opportunity that lies before it to augment human rights protection for all parts of its
society. The time is now to rebuild the trust in the Nepalese social contract. Minorities
and Dalits must feel that they can trust State institutions to protect them, while Nepalese
society as a whole must trust that the contributions of the currently ostracized people
will enrich and uplift society as a whole. At the same time, minorities and Dalits must
built trust in themselves through education and collective action to advocate for and
realize their civil, political, economic, social and cultural rights.
61.
The full realization of the rights of persons belonging to minorities or Dalits will
be realized by their non-discriminatory access to economic and social rights in Nepal.
The key to achieving this objective is to guarantee unhindered access to education in
order to empower future generations so that they will be able to claim and fully enjoy
their human rights, without any discrimination. Minorities’ and Dalits’ unhindered
access to education is the gateway to building skills and confidence, while breaking
through cycles of poverty that have prevented them from realizing the full enjoyment
of their rights and their meaningful contribution to society as a whole.
62.
State institutions must better reflect the diversity of Nepalese society in their
composition and leadership. Minorities must be able to recognize themselves in those
exercising power; they must feel heard and understood by public servants, including by
teachers, judges and the police, including in their mother tongue languages.
63.
Civil society organizations play a vital role in empowering minorities and Dalits.
Civil society organizations have delivered programmes to educate minorities and Dalits
about their human rights and how to claim them; they have supported their access to
justice; they have provided interpretation and legal aid; and they have financially
supported children to go to school by paying for school supplies and uniforms. They are
essentially backstopping the Government in fulfilling its obligation to protect and
promote Dalits’ and minorities’ human rights, including their right to education, to
equality and non-discrimination and to a fair trial. The Special Rapporteur expresses
profound concern that, in the current global funding crisis, civil society organizations
are under significant pressure due to diminishing financial support. This is a worrisome
trend, particularly for minorities and Dalits who often depend on civil society
organizations to support them in claiming their rights, and at times, for their daily
survival.
64.
The donor community must efficiently support Nepal in designing and
implementing empowering programmes conceived with and for the benefit of persons
belonging to minorities and Dalits. A strong engagement and partnership with local
authorities that have the task to deliver effective support to minorities and Dalits in the
communities where they reside will be a key factor of success.
65.
The Special Rapporteur calls upon the Government of Nepal to:
International human rights obligations
(a)
Ratify the international human rights treaties that it has not yet ratified,
particularly treaties with provisions that have direct relevance to persons belonging to
minorities, including the Convention relating to the Status of Refugees and the Protocol
thereto, the Convention relating to the Status of Stateless Persons, the Convention on
the Reduction of Statelessness the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and the International
Convention for the Protection of All Persons from Enforced Disappearance;
(b)
Withdraw the reservation to article 4 of the International Convention on
the Elimination of All Forms of Racial Discrimination and the declaration regarding
article 6 of the Convention;
(c)
Extend a standing invitation to all United Nations special procedure
mandate holders;
GE.26-01953
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