Nepali version attached
Torture and forced child labour: UN
experts find Nepal violated human rights
GENEVA (27 August 2019) — Nepal
must remove all existing obstacles that hinder victims of torture and forced
labour in filing complaints, the UN Human Rights Committee said in a decision
published today in Geneva.
The full decision is available to
read on-line
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2fC%2f126%2fD%2f2773%2f2016&Lang=en
The Committee’s decision came in
response to an individual complaint from Mr. Bholi Pharaka (pseudonym), a
member of an indigenous group who was a domestic worker in Kathmandu from the
age of 9. He was forced to work every day from 4 a.m. until 10 p.m., not
allowed to go to school and never received payment for his work. He was also
subjected to physical and psychological abuse. After two years, he escaped, but
soon thereafter was falsely accused of theft by his former master, arrested and
tortured during police interrogation.
After the victim and his family’s
multiple attempts to file complaints failed, his case made its way to the Human
Rights Committee via a Swiss NGO (TRIAL International), which assisted him in
bringing his petition to the international level.
The Human Rights Committee has a
mandate to review complaints from individuals who have suffered human rights
violations when those victims have been denied justice in their home countries.
In its decision, the Committee found that Nepal violated a number of provisions
of the International Covenant on Civil and Political Rights and called on Nepal
to amend its legislation and statutes of limitations in accordance with
international standards and to criminalize torture and slavery with sanctions
and remedies commensurate with the gravity of such crimes.
“The life of someone is shattered
after enduring torture and forced labour as a child. Access to justice and
accountability are essential for victims to rebuild their lives and recover
their dignity. It is our hope that Nepal will take all necessary measures to
protect and help victims of such acts regain their lives,” said Hélène
Trigroudja, Member of the Committee.
In its decision, the Committee
requested Nepal to report back within 180 days detailing the measures it had
taken to remedy the situation.
ENDS
Background
The Human Rights Committee monitors
States parties’ adherence to the International Covenant on Civil and PoliticalRights, which to date has 173 States parties. The Committee is made up of 18members who are independent human rights experts drawn from around the world,
who serve in their personal capacity and not as representatives of States
parties.
Its Optional Protocol, which to
date has 116 States parties, establishes the right of individuals to complain
to the Committee against States which violated their human rights. The Optional
Protocol imposes an international legal obligation on State parties to comply
in good faith with the Committee’s Views. Further information on the individualcomplaints procedures before the Committees.
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