Untouchability English - New.pmd - OHCHR-Nepal - Office of the ...

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Published in 2010 byNational Dalit Commission of NepalThe Office of the High Commissioner for Human Rights in Nepal© OHCHR-Nepal, NDC - 2010Printed - December 2010 (2000 copies)For Further InformationUnited NationsOffice of the High Commissioner for Human Rights in NepalSilu Building, Museum Road, ChhauniP.O. Box 24555, KathmanduTel: 01-4280164, Fax: 01-4670712Email: registry.np@ohchr.org, ohchr-nepal.pio@ohchr.orgGovernment of NepalNational Dalit Commission NepalInfront of Puja Pratisthan MargOld Baneshwor, KathmanduTel: 4473317, 4474336, Fax: 4475989Email: info@ndc.gov.npWebsite: www.ndc.gov.npPrinting - Mass Printing Press, P.O. Box 1217, Kathmandu
Open Dialogue on Draft Legislation Series - ISpeak Up… Stop Discrimination!NDC and OHCHR-Nepal Observations on the Untouchability BillI. IntroductionThe water source was on her land, yet she was prohibited fromusing it. When she dared, she was attacked with an axe. Just becauseshe was a Dalit.Practices of caste-based discrimination and untouchability are illegal inNepal. However, in many parts of the country, Dalits - the so-called lowestcaste within the Hindu caste hierarchy - are still considered to be andtreated as “untouchable”, unable to enjoy the same rights and freedomsas other groups in society. Despite the illegality of such practices, culturalbarriers, structural poverty and inadequate action by state authoritiesprevent victims from accessing justice. Furthermore, the lack of aappropriate legal framework to properly address the issue ofdiscrimination, and to punish those who discriminate based on caste, isa further impediment to progress.Against this reality, the submission of the draft Caste-based Discriminationand Untouchability Crime Elimination and Punishment Act to theLegislature-Parliament provides an opportunity to improve the legislativeframework and fight discriminatory practices. This document assessesthe draft bill and offers specific recommendations to policy makers andothers, particularly on how to ensure its consistency with internationalhuman rights standards and best practices. If the current shortcomingsare addressed, the proposed law could become a pivotal instrument intackling the long-standing issue of caste-based discrimination anduntouchability in the country.II. The context of caste-based discriminationThe practices of caste-based discrimination and untouchability entailsegregation between Dalits and other communities, as well as amongDalits themselves. According to traditional beliefs, Dalits are considered1
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