Country: Nepal

CEDAW Nepal: Government must ensure disadvantaged women’s access to employment and decision-making

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Women and girls in Nepal, in particularly those belonging to marginalized communities, like rural and indigenous women, are more likely to be poor than males, despite the significant contribution they make to the economy.

In Nepal land, forest and river resources play a vital role in rural women's day-to-day livelihood. Most of them sustain their livelihoods and supplement their income from resources in forests, rivers and wetlands. FIAN Nepal in its parallel report to the CEDAW highlights how marginalized Dalit and indigenous women are denied employment with equal and living wages and lack of access to agricultural land and social security.

 “In FIAN Nepal’s experience, women farmers, indigenous and Dalit women are facing extreme food insecurity when they are working full time as farmers,” says Tilak Adhikari, FIAN Nepal Programme Manager.

“The local government operating programs have a focus on farmers, however, women farmers, especially from marginalized indigenous and Dalit communities, are not able to access the programs due to not being able to follow the complicated procedure adopted by government, and due to nepotism and widespread corruption.”

The parallel report further sheds light on the impact of industrial destruction and pollution on women’s right to safe drinking water and a clean and healthy environment. It also highlights the negative impact of declining agriculture production, deteriorating health of livestock, landslides and other environmental challenges. It shows how women and girls disproportionately suffer the impacts of climate change and environmental destruction due to their greater reliance on natural resources and primary roles in securing food, water and fuel.

The CEDAW Committee, in its concluding remarks, expressed concerns, that in particular, rural women, indigenous women, migrant women, women with disabilities and women living in poverty, are disproportionately affected by climate change related impacts including natural disasters and the loss of biodiversity. It regreted the lack of consultations with rural and Indigenous women on construction projects by foreign investors and private enterprises.

The committee recommended the government of Nepal to enable women’s active participation in the creation and operation of new funding arrangements for responding to environmental loss and damage and to ensure that women are equally represented in the development, adoption and implementation of legislation, policies and programmes on climate change, disaster response and disaster risk reduction.            

“The government must apply special gender-sensitive support mechanisms to eliminate poverty, hunger, malnutrition, and the lack of enjoyment of the right to adequate food and nutrition among women and girls particularly of those groups who belong to underprivileged and marginalized communities,” says Laxmi Gurung, Monitoring and Evaluation Coordinator at FIAN Nepal.

“This includes climate and environmental justice for women and girls and the support of the transition to agroecology and other traditional ways of livelihood including fishing”.

Download the FIAN Nepal parallel report here

For more information, please contact Sabine Pabst pabst@fian.org

Gender in the Nepal’s Right to Food and Food Sovereignty Act

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Despite their key role as caretakers, housekeepers and farmers feeding the world and ensuring food for their communities, 70% of the world’s hungry are women and girls. FIAN International and FIAN Nepal are publishing a study that examines the underlying reasons for such discrepancy and proposes some ways forward.  Written by researcher Arianna Porrone,  the study takes a look at the Nepal Right to Food and Food Sovereignty Act, 2075, approved on 25 September in 2018.

The first part of the study makes an introduction abouts feminist critical theories of international human rights law. Next, the study questions whether the current legal framework on women’s rights is an efficient and adequate body  to answer to rural women’s marginality and whether another configuration against feminist theories is possible. Finally, Porrone’s analysis underlines that whilst Nepal’s legal framework on the right to food is cutting-edge, a number of recommendations based on feminist stances may help develop a more thriving, thoughtful national plan: One able to ensure a societal shift in thinking of gender roles and of gender dynamics, as well as to acknowledge rural women’s agency and capabilities. 

You can download the study here.

International delegation pays visit to monitor progress of right to food violations

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International delegates coming from across Asia and Europe made a three-day visit to observe three emblematic cases -located in Banke, Bardiya and Kanchanpur districts- that FIAN Nepal has been following closely for the last years. From access to land and to decent housing of traditional peoples, to the impacts of human-made constructions on Nepali communities living at the border, the cases visited illustrated some of the challenges to the realization of the right to food and nutrition in the region.

In their visit to a Gandharva community – Dalits widely known for mastering traditional music, but also for facing appalling discrimination,  the delegates observed that the government has met its promise and the community has been provided with land certificates and decent housing after years of struggle. In addition, the government has been organizing skill development programs -such as organic agriculture, knitting, tailoring, etc. The community, however, pointed out that more actions are needed to fully realize their right to food and nutrition.

As for the areas in Banke district, affected by the impact of floods, highly exacerbated by the construction of the Laxmanpur Dam and Kalkalwa Afflux by India , the construction of a barrier to stop the floods, is ongoing – so far 5km. While dwelling communities say they feel “more secure”, they regretted that building this barrier “is going slowly”. According to the communities’ estimates, the overall construction of this “protective” barrier will take approximately 10 years. That might be too long, considering the deep impacts the floods have on their lives and livelihoods every year during monsoon periods.

Located in India, elephants and other wild animals living in the Dudhwa National Park reserve often cross the border and enter Nepali territory destroying the crops and houses of communities in their wake. Thanks to the mobilization of communities and the support of FIAN Nepal, an electric fence is being built, which will hopefully ensure the protection of dwelling communities.

The cases of Dudhwa National Park and the Laxmanpur Dam illustrate the human costs when States do not meet their human rights obligations beyond borders – commonly referred to as “extraterritorial obligations”. In the view of the affected people: “If India led us to this situation, they should clearly make sure they solve the problem they created themselves”.

The visits, which served as a follow-up of last year’s research mission, concluded with an exchange of views of the delegates on the cases visited, as well as discussions on how to strengthen human rights work in South Asia.

See photo album on the Gandharva community.

For media enquiries, please contact delrey[at]fian.org 

Forceful eviction of Laxmanpur dam floods-affected

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A forceful eviction was initiated last week in Durgamata community forest where more than 260 households of people affected by Laxmanpur dam floods  had been taking temporary shelter,  complying with a 2016 decision by the District Disaster Relief Committee.

According to the Laxmanpur Dam Affected Struggle Committee, officials from the District Forest Office entered the area on 1 February and destroyed 23 huts out of the 41 households of Holiya VDC (Village Development Committees – lower administrative part in Nepal), before they were stopped by affected people who started a protest in front of the officials.

This happened although the Chief District Officer had allowed the flood-affected people to take temporary shelter in the community forest. Also, on 19 January 2017, the Ministerial cabinet had decided and approved a procedure to provide grants for the construction of permanent houses to affected people by floods in 2014.

A lack of coordination among government line agencies seems obvious, as the written commitment by the Chief District Officer has been breached by the District Forest Office. The latter argues that the community forest has been illegally encroached by those affected by the floods and that a 15-day ultimatum was given to leave the area.

The communities claim that the government didn't provide any alternative to them as for where to go. The President of Laxmanpur Dam Affected Struggle Committee Mr. Jagadish Bahadur Singh said: “Taking temporary shelter in the community forest is not by their choice. The people were displaced and seeking a safer place. The District Administration Office and District Disaster Relief Committee allowed them to live temporarily in the community forest. However, before forced eviction, the government shall provide an alternative resettlement”.

Affected people met with the Chief District Officer and submitted a memorandum to stop the activities by the government. They also urged the National Human Rights Commission to take action by exerting pressure on the government.

Due to the man-made infrastructures of the Laxmanpur Barrage, Kalkalwa Afflux bund, and a border road in India, during every monsoon season, approximately 30 000 people are subjected to severe flooding of the Rapti River, which originates in Nepal and flows into India. The devastating consequences of the flooding include loss of human and animal lives and the damaging of property, crops, and harvested grains, often along with total erosion of agricultural lands as well as destruction of houses.

Measures to safeguard the affected communities, to prevent inundation as well as compensation and rehabilitation are not adequate, according to reports collected during a recent visit by an international research team. The team included delegates from FIAN International and from Nepal, Norway and Germany in November 2016, who looked into the impact of the Laxmanpur barrage and Kalkalwa Afflux dam on the livelihoods of local populations.

FIAN Nepal has expressed deep concerns over the eviction and its impact on people's livelihoods. In order to mitigate the conflict and pave way to justice for the evictees, FIAN Nepal has already facilitated a site visit of representatives of the National Human Rights Commission, just one day after the eviction took place. On 10th February, a visit by representatives of the Parliamentarian Human Rights and Justice Committee will follow. FIAN Nepal reiterates the need for adequate rehabilitation, resettlement and compensation of affected people, as well as the adequate embankment and water drainage system as a safeguard.

India-Nepal border research visit on extra-territorial state obligations

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An international team composed of delegates from Nepal, India, Norway and Germany visited the border districts of Banke and Kanchanpur in Nepal and Sravasti and Bahraich in India, as part of a week-long research visit (21-29 November).

The major focus of the research was on extra-territorial state obligations, in particular with regard to the impact of the Laxmanpur barrage and Kalkalwa Afflux dam, as well as the Dhudwa National park – situated in India – which also affect people beyond the border in Nepal. The research teams had the opportunity to exchange views with affected communities and their representatives, civil society organizations, local authorities, and different government representatives including members of Parliament both in India and Nepal.

Man-made infrastructures lead to severe flooding 

Due to the man-made infrastructures of  the Laxmanpur Barrage, Kalkalwa Afflux bund, and a border road in India, during every monsoon season, approximately 30 000 people are subjected to severe flooding of the Rapti River, which originates in Nepal and flows into India. The devastating results of the flooding include loss of human and animal lives and the damaging of property, crops, and harvested grains, often along with total erosion of agricultural lands as well as destruction of houses. Measures to safeguard the affected communities, to prevent inundation as well as compensation and rehabilitation are not adequate according to reports collected during the visit.

Dudhwa National Park is located in the Indian state Uttar Pradesh, bordering Nepal. On the Nepal side of the border peasants regularly witness their crops being destroyed by herds of elephants and other animals (even claiming the life of a woman this year), mainly due to increased wildlife habitation since the establishment of the park in 1977. Those affected expect better support and adequate compensation for crop losses, as well as safeguarding measures.

Need to comply with extra-territorial obligations

In both cases, agriculture, the major source of livelihood for the people, is severely jeopardized. Both Nepal and India are State parties to the International Covenant on Economic, Social and Cultural Rights and therefore obliged to respect, protect and fulfil the right to adequate food within and beyond their borders thereby preventing any activities that endanger its realization. The Government of Nepal is obligated to ensure the safety of its citizens and to provide them with adequate housing, access to proper livelihood opportunities, and access to sufficient and adequate food and water. The failure to act does not only violate existing national law – e.g. the Natural Calamity Relief Act of 1982, but also the Nepalese constitution, which states that “every citizen has the right to food sovereignty as provided for in the law” (Art.18, 3).

In addition, the Government of Nepal has failed to secure the safety of its citizens by not effectively coordinating with and urging the Indian Government to comply with the treaties and agreements between the two countries. India needs to take measures to ensure that its actions do not harm those in the nearby region in Nepal.

By the same token, the Government of India has violated the right to adequate food, as States are obliged to respect, protect, and fulfill the right to food of people living under their jurisdiction. This applies even if citizens are located beyond the borders of their territory, as laid down in the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights (2012).

FIAN will continue the dialogue with the authorities in Nepal and India, so that urgently required safeguard measures are put in place as soon as possible. This would include the construction of a permanent embankment on both sides of Rapti river – covering a length of 28 km – to protect land and villages, compensation and special livelihood support as well as and resettlement and rehabilitation for those displaced.

For more information, please contact

pabst[at]fian.org  

 

 

Right to food triumphs at Supreme Court of Nepal

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For a long time, cases of extreme poverty, HIV infection, gender, caste and disability-based violence, natural calamity and conflict had led most marginalized groups in Nepal to homelessness and ostracism. According to existing legal provisions on social security, a person who does not have any property (or relative that cannot provide one) and is not capable of being gainfully employed, shall, upon the recommendation of the concerned Village Development Committee or Municipality, receive regular food rations and two pairs of clothes per year.  Yet, these provisions, in addition to being insufficient, are hardly ever implemented. 

In view of this situation, in September 2014, FIAN Nepal and Juri Nepal jointly filed a writ petition with the Supreme Court of Nepal against the Nepalese government. The organizations requested to ensure the social security, appropriate shelter and nurturing environment of those abandoned in every district, as per the State welfare laws. The petitioners claimed that the government seemed reluctant to guarantee the rights of these people and tended to neglect the implementation of pertinent provisions in the National code and laws related to local government.

After the final hearing last May, the Supreme Court has reached a final verdict in favor of the petitioners. Now, the government will have to prompt the implementation of the existing legislation and issue a mandamus for the responsible local bodies to ensure care of those abandoned. The final verdict also mandates the government to formulate separate national standards relating to identification of those citizens who are in need of guardianship of the State and providing social services, including a nurturing environment, permanent or temporary shelter, education and health services and carrying out the codification of scattered laws. Nepal must prioritize social protection and services for people with mental and physical disability, women (particularly if pregnant and with children) and elderly people.  

In parallel, the Sonahas, one of the most endangered indigenous people from mid-western Nepal, have seen positive developments after years of human rights violations. The State has long failed to respect their right to food by imposing restrictions on their ancestral lands and natural resources. In spite of a recommendation by a High Level Task Force in 2010, the State did not recognize the community as a Janjati (indigenous /deprived) community, thereby depriving them of a series of provisions. As it stands today, the 1200 members of the community live in three districts and have low living standards. And this is leading them to migrate to urban areas and foreign countries.

Thanks to a writ petition in 2014 filed by two representatives of the Sonahas –supported by FIAN Nepal for years, the Supreme Court has requested in its final verdict to refer to Sonaha people as indigenous peoples and provide them facilities accordingly. The final verdict also urges the government to provide the necessary environment to promote their access to their ancestral territory.

FIAN International and FIAN Nepal welcome the recent decisions of the Supreme Court of Nepal, as these are positive steps towards the realization of the right to food. They will continue to advocate for the rights of most marginalized groups and will follow the implementation of the decisions. 

For more information, please contact pabst[at]fian.org 

Keeping up the fight against the corporate snowball effect

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Termed as “corporate capture”, the influence of transnational corporations (TNCs) and other business enterprises on public policy decision and implementation has been a major hotspot for civil society over the last few years. Like the proverbial snowball effect, the leverage of businesses has exponentially expanded in the blink of an eye, subtly and effectively.  As echoed by the Right to Food Journal, until just recently, its impact has been practically imperceptible to the wider public, and big business has made it to infiltrate the international, regional, national and local political arenas, including the United Nations. This combination has led to a world where human rights abuses and crimes prompted by corporate activities are increasingly worrisome.

Commenting on current trends, FIAN International’s Human Rights Director Rolf Künnemann says: “Human Rights Day gives us an opportunity to recall where obstacles to the realization of the right to food and nutrition lie. TNCs commit crimes with impunity, and by letting them have their way, States are violating human rights. Unfortunately, some States even collude with the ongoing corporate capture of international policy spaces.” Künnemann highlights that States do not sue TNCs in international cooperation, as there is no corporate criminal law and no cooperation between States to hold TNCs accountable. “This is why we need to keep up the fight against this trend by giving visibility to the views and experiences of civil society groups and social movements, in addition to monitoring the discussions within the UN Intergovernmental Working Group towards a treaty on TNCs and human rights” he adds.

From the political and legal perspectives, the Journal illustrates some of impact of corporate activities -like the upcoming setup of the so-called Charter Cities, and features current debates to stop the corporate snowball rolling -comprising discussions within the so-called Global Convergence of Land and Water Struggles.  The publication also touches upon key developments throughout 2015, including the human rights status of Nepal in the aftermath of the earthquakes and its second Universal Periodic Review.

Read the Right to Food Journal 2015
For media enquiries, please contact delrey@fian.org

FIAN International appoints new Secretary General

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Recently, FIAN International’s Board appointed Sofia Monsalve Suárez as the future facilitating force of the organization. “We are pleased to announce that Sofia Monsalve Suárez will take over  the role as Secretary General at FIAN International as of January 2016”, says Anita Klum, President of FIAN International. “We express our deepest gratitude and appreciation to Flavio Valente for his commitment to co-ordinate and strengthen the work of the organization for more than eight years.”

 Klum underlines that, with Valente, the organization has increasingly been on the frontline of major international human rights processes and his successor will carry on in this direction. “We are sure, that Sofia will bring the organization even closer to its mission and vision of supporting peoples’ struggles for their human right to adequate food and nutrition in line with the indivisibility of rights,” she adds.

Sofia Monsalve Suárez, currently Access to Land and Natural Resources Coordinator at FIAN International, has been working for the organization for the last 16 years, and has played a major role in building joint platforms of rural social movements and in facilitating civil society participation in key negotiations at the Committee on World Food Security. 

For her part, Monsalve Suárez says she is “honored to take up the position” as Secretary General of FIAN International and underscores the crucial progress that has been made under Valente. “The commitment of Flavio over the last decade to unveiling the corporate influence over food and nutrition public policy spaces and to re-affirming popular sovereignty, together with the full guarantee of women´s rights, have helped FIAN shape the new conceptual framework for the realization of the right to adequate food and nutrition. Crucially, this has also strengthened the link of the right to food to social struggles”, she stresses.

In the view of Valente, this process would not have been possible without the support and companionship of the entire organization, as well as peer civil society groups, throughout his mandate. “I extend my gratitude to all our partners in social movements, non-governmental organizations and other institutions that have closely worked with and trusted us during these years.”  Valente goes on: “I leave the post with the feeling of mission accomplished and with the certainty that I couldn’t have a better replacement”.

Klum recalls that Valente will continue his work at FIAN International by helping strengthen case work and capacity development with his knowledge and experience and looks optimistically to the future, “We feel that Monsalve Suárez comes at an opportune time to further the relationships both internally and with our partners and allies. She will guide the organization towards supporting people in their struggle for a world where all fully enjoy their human rights in dignity”.

Nepal UPR: Explicit recommendations on the right to adequate food remain low

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Recently, FIAN International’s Board appointed Sofia Monsalve Suárez as the future facilitating force of the organization. “We are pleased to announce that Sofia Monsalve Suárez will take over  the role as Secretary General at FIAN International as of January 2016”, says Anita Klum, President of FIAN International. “We express our deepest gratitude and appreciation to Flavio Valente for his commitment to co-ordinate and strengthen the work of the organization for more than eight years.”

 Klum underlines that, with Valente, the organization has increasingly been on the frontline of major international human rights processes and his successor will carry on in this direction. “We are sure, that Sofia will bring the organization even closer to its mission and vision of supporting peoples’ struggles for their human right to adequate food and nutrition in line with the indivisibility of rights,” she adds.

Sofia Monsalve Suárez, currently Access to Land and Natural Resources Coordinator at FIAN International, has been working for the organization for the last 16 years, and has played a major role in building joint platforms of rural social movements and in facilitating civil society participation in key negotiations at the Committee on World Food Security. 

For her part, Monsalve Suárez says she is “honored to take up the position” as Secretary General of FIAN International and underscores the crucial progress that has been made under Valente. “The commitment of Flavio over the last decade to unveiling the corporate influence over food and nutrition public policy spaces and to re-affirming popular sovereignty, together with the full guarantee of women´s rights, have helped FIAN shape the new conceptual framework for the realization of the right to adequate food and nutrition. Crucially, this has also strengthened the link of the right to food to social struggles”, she stresses.

In the view of Valente, this process would not have been possible without the support and companionship of the entire organization, as well as peer civil society groups, throughout his mandate. “I extend my gratitude to all our partners in social movements, non-governmental organizations and other institutions that have closely worked with and trusted us during these years.”  Valente goes on: “I leave the post with the feeling of mission accomplished and with the certainty that I couldn’t have a better replacement”.

Klum recalls that Valente will continue his work at FIAN International by helping strengthen case work and capacity development with his knowledge and experience and looks optimistically to the future, “We feel that Monsalve Suárez comes at an opportune time to further the relationships both internally and with our partners and allies. She will guide the organization towards supporting people in their struggle for a world where all fully enjoy their human rights in dignity”.

Bringing Nepalese voices to Europe ahead of UPR

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Human rights records in Nepal will be reviewed for the second time by the Universal Periodic Review (UPR), on 4 November. Despite recommendations made by this UN mechanism in 2011, a high number of Nepalese  continue to be prevented from enjoying their right to adequate food and nutrition.  Ahead of the UN session, FIAN International and its section in Nepal stress the need to implement previous recommendations by adopting a comprehensive national strategy to ensure food and nutrition security for all,  particularly for marginalized and disadvantaged groups of society.

According to most recent data, poverty heavily hampers households’ efforts to achieve food and nutrition security. Nepal lags behind in terms of basic nutritional indicators, and under-nutrition remains a challenge. Forceful evictions of peasant families from their lands, denying access of indigenous people to natural resources, and inadequate rehabilitation programs in emergencies, are some of the major issues. The recent earthquakes together with the widespread political instability have led the country to a more critical state.

As echoed in FIAN International’s parallel report to the UPR working group, the State of Nepal has taken considerable steps towards better recognizing the right to food, by incorporating relevant provisions in its new constitution (particularly under article 36), and has ratified all major international instruments that safeguard such a right. However, the necessary structures to achieve its effective realization have not yet been implemented.

The report also points out that related recommendations made in 2011 by the UPR remain largely unimplemented. Although the Government has developed an Action Plan, it lacks concrete commitments as well key aspects in terms of methodology, such as the indicators to measure expected outcomes.In the run up to the next UPR session, FIAN International and FIAN Nepal will bring local voices from Nepal on a tour across Europe from 2 to 9 October, coinciding with the civil society-driven pre-session on the UPR. The delegation will share their experiences and ideas on how to ensure all Nepalese citizens see their right to food realized.

For more information please contact, pabst[at]fian.org
For media enquiries, please contact, delrey[at]fian.org