The document provides an overview of gender mainstreaming in Nepal's national plans and programs. It discusses how gender mainstreaming was first introduced at the 1985 Nairobi conference and established as a strategy through the 1995 Beijing conference. It summarizes Nepal's approach in its periodic plans since the 6th five-year plan in 1981, which initially took a welfare approach but has since shifted to focus on gender equality, women's empowerment, and mainstreaming gender. Key policies and programs discussed include Nepal's constitution, SDGs, UN Women, and efforts by the government to mainstream gender across sectors in line with its international commitments.
3. HISTORY
The concept of gender mainstreaming was first introduced at the
1985 Nairobi (capital of Kenya) World Conference on
Conference on Women.
It was established as a
strategy in international gender equality policy through the
Beijing Platform for Action,
adopted at the 1995 Fourth United Nations World Conference
on Women in Beijing,
and subsequently adopted as a tool to promote gender equality
at all levels.
4. DEFINITION
Gender mainstreaming is an approach to policy-making that
takes into account both women's and men's interests and
concerns.
In 1998, the Council of Europe defined
gender mainstreaming as:
“The (re)organization, improvement, development and evaluation
of policy processes, so that a gender equality perspective is
incorporated in all policies at all levels and at all stages, by the
actors normally involved in policy-making.
6. THE SUSTAINABLE DEVELOPMENT AGENDA
adopted by UN Member States in 2015, set a 2030 deadline,
SDG-5:- for the achievement of gender equality and
the empowerment of all women and girls.
The latest data on progress towards gender equality across
the SDGs,
compiled in UN Women’s 2022 edition of our annual
Gender Snapshot Report,
reveals the inadequacy of present-day efforts.
If change continues at its current rate, analysis shows that
gender equality will remain unrealized for centuries to
come.
Pervasive gaps in gender data pose a significant barrier to the
evaluation of progress, with only 48% of data needed to
monitor SDG5 currently available.
7. SUSTAINABLE DEVELOPMENT GOAL 5
GENDER EQUALITY
ACHIEVE GENDER EQUALITY AND EMPOWER ALL WOMEN
AND GIRLS.
Goal 5 Targets
5.1 End all forms of discrimination against all women and girls everywhere
5.2 Eliminate all forms of violence against all women and girls in the public
and private spheres, including trafficking and sexual and other types of
exploitation
5.3 Eliminate all harmful practices, such as child, early and forced
marriage and female genital mutilation
5.4 Recognize and value unpaid care and domestic work through the
provision of public services, infrastructure and social protection policies and
the promotion of shared responsibility within the household and the family
as nationally appropriate
5.5 Ensure women’s full and effective participation and equal opportunities
for leadership at all levels of decision making in political, economic and
public life
8. 5.6 Ensure universal access to sexual and reproductive health
and reproductive rights as agreed in accordance with the
Programme of Action of the International Conference on Population
and Development (ICPD) and the Beijing Platform for Action and the
outcome documents of their review conferences
5.A Undertake reforms to give women equal rights to economic
resources, as well as access to ownership and control over land and
other forms of property, financial services, inheritance and natural
resources, in accordance with national laws
5.B Enhance the use of enabling technology, in particular
information and communications technology, to promote the
empowerment of women
5.C Adopt and strengthen sound policies and enforceable
legislation for the promotion of gender equality and the
empowerment of all women and girls at all levels.
9. SUSTAINABLE DEVELOPMENT GOAL 10
REDUCED INEQUALITIES
REDUCE INEQUALITY WITHIN AND AMONG COUNTRIES.
Goal 10 Targets
10.1 By 2030, progressively achieve and sustain income growth of the
bottom 40 per cent of the population at a rate higher than the national
average
10.2 By 2030, empower and promote the social, economic and political
inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin,
religion or economic or other status
10.3 Ensure equal opportunity and reduce inequalities of outcome,
including by eliminating discriminatory laws, policies and practices and
promoting appropriate legislation, policies and action in this regard
10.4 Adopt policies, especially fiscal, wage and social protection policies,
and progressively achieve greater equality
10.5 Improve the regulation and monitoring of global financial markets
and institutions and strengthen the implementation of such regulations
10. 10.6 Ensure enhanced representation and voice for developing countries in
decision-making in global international economic and financial institutions in
order to deliver more effective, credible, accountable and legitimate institutions
10.7 Facilitate orderly, safe, regular and responsible migration and mobility of
people, including through the implementation of planned and well-managed
migration policies
10.A Implement the principle of special and differential treatment for developing
countries, in particular least developed countries, in accordance with World
Trade Organization agreements
10.B Encourage official development assistance and financial flows,
including foreign direct investment, to States where the need is greatest, in
particular least developed countries, African countries, small island developing
States and landlocked developing countries, in accordance with their national
plans and programmes
10.C By 2030, reduce to less than 3 per cent the transaction costs
of migrant remittances and eliminate remittance corridors with
costs higher than 5 per cent
11. GENDER MAINSTREAMING IS NOT ABOUT:
• “Adding women and stirring”:
• ensuring the equal participation of women and
men in decision making or in different activities
is a necessary first step and an objective on its
own. However, the presence of women does not
mean that a gender mainstreaming exercise was
undertaken and it does not automatically lead to
qualitative change towards gender equality in a
specific policy, programme or activity.
• ”Women” and “men” are not homogeneous
groups with single aims and needs: it is
necessary to take into account women and
men’s multiple identities in terms of age,
ethnicity, sexual orientation, gender identity,
social status or (dis)ability - to name a few
characteristics.
12. THE SUSTAINABLE DEVELOPMENT GOALS IN NEPAL
Nepal committed to the SDGs early on, and this commitment
has been reaffirmed in key policy documents, such as the
current 15th Development Plan and
the 25 Year Long-Term Vision 2100 that internalizes the
Goals.
13. UN WOMEN
In July 2010, the United Nations General Assembly created
UN Women,
the United Nations Entity for Gender Equality and the
Empowerment of Women, to address such challenges.
14. UN Women
It merges and builds on the important work of
four previously distinct parts of the UN system, which
focused exclusively on gender equality and women’s
empowerment:
• Division for the Advancement of Women (DAW)
• International Research and Training Institute for the
Advancement of Women (INSTRAW)
• Office of the Special Adviser on Gender Issues and
Advancement of Women (OSAGI)
• United Nations Development Fund for Women (UNIFEM)
15. THE FIVE PRINCIPLES OF GENDER MAINSTREAMING
The following five principles hold true for all
gender mainstreaming activities and
implementation measures.
1. Gender-sensitive language
• Texts referring to or addressing both women and
men must make women and men equally visible.
• This applies to, amongst others, forms,
documents, telephone directories, texts on the
intranet and the internet, advertising for events,
folders, posters and films.
• Attention must also be paid to a gender-sensitive
choice of images when preparing public relations
material.
16. 2. GENDER-SPECIFIC
DATA COLLECTION AND ANALYSIS
• Data must be collected, analyzed and
presented by gender.
• Social dimensions, such as age, ethnicity,
income and level of education should also be
reflected where possible.
• Gender-specific analysis of the initial situation
must provide the basis for all decisions.
17. 3. Equal access
to and utilization of services
•Services and products must be assessed as to their different effects
on women and men.
•It is important to identify:
•Who uses the services (women or men or both)?
•Who are the clients (women or men or both)?
•Who are the target groups?
•Do women and men have different needs?
•Are the different circumstances of women and men taken into
account when planning and designing services?
•Have all target groups access to the same sources of
information?
•Who benefits most?
•Which group would suffer most if they could not use the
services offered?
•Are the offices providing the service structurally gendered and
barrier free, (i.e. the waiting areas, lighting, access without steps,
signage)?
18. 4. Women and men are equally
involved in decision making
•There are binding targets for a balanced gender ratio
at all levels of decision making.
•Measures and strategies geared towards a balanced
gender ratio must be taken at all levels of decision
making.
•This is also important when appointing working
groups, project teams, commissions and advisory
boards, as well as when organizing events, e.g. when
selecting speakers.
•Workplaces must be structurally gendered and barrier
free where possible (e.g. gendered signage, sufficient
lighting, avoiding potentially frightening situations as
in poorly accessible basement archives, access without
steps, social rooms for different occupations).
19. 5. EQUAL TREATMENT IS INTEGRATED INTO
STEERING PROCESSES
Steering instruments include quality management and
gender budgeting, amongst others. It is important to
note that:
• Paying attention to the different circumstances of
women and men enhances
• the success rate,
• effectiveness and
• maximum utilization of staff and funds.
• All targets related to people are defined in terms of full
equality and the targets attained are therefore presented
by gender.
• Controlling routine as a matter of course includes
gender-specific evaluation of results and a systematic
steering of the gender ratio, in other words, the
development and implementation of (new and adapted)
targets, strategies and measures.
20. EQUALITY ACTION PLAN FOR VIENNA
(CAPITAL OF AUSTRIA) 2009-2012
The City of Vienna has been making
considerable headway in equality measures
since the 1990ies.
Still, there are many areas where women and
men are not yet offered equal opportunities.
21. GENDER MAINSTREAMING IN PRACTICE
Equality of women and men must come to bear
at several levels simultaneously:
in politics, in business, on the labor market, in
public health and housing, in education, law
and mobility,
in the context of protection against violence in
public and in the home, as well as with
communal services, such as childcare, care for
the elderly or when designing pavements.
22. EXAMPLES OF IMPLEMENTATION
• Finances
• Gender budgeting (German)
• Work and education
• Business promotion
• Kindergarten
• Schoolyards
• Public space
• Gender-sensitive traffic planning
• Public lighting
• Roads, paths and squares
• Parks
25. Nepal has started to address the gender issues from
sixth
five year plan (1981- 1985) to till now.
its approach was welfare-driven.
The Interim plan (2008-2011) focused the gender
responsive budget and allocated the 33 percent
reservation in every state structure.
The constitution of Nepal 2015, article 11 (5) and (7)
compromises the ability of women to independently confer
citizenship to her child.
26. The fifteenth periodic plan approach paper, 2020
emphasizes the gender equivalence in local level.
the practices of prenatal sex-selection,
higher rates of mortality among young girls and
lower rates of school enrollment for girls as compared to
boys,
child marriage,
the dowry system,
Chhaupadi,
Deuki, and
Jhuma, among others,
suggest that 'son preference' is curtailing the access of
girl children to food, education and health care.
27. international Covenant on Civil and Political Rights 1966,
Convention on the Elimination of All forms of
Discrimination against Women 1969,
Convention on the Rights of Child 1989, etc.
Nepal is a party to
the slavery Convention 1926,
Protocol Amending the slavery Convention 1953, and
supplementary Convention on the Abolition of slavery, the
slave trade and the institutions and practice similar to
slavery 1956.
All these international institutions have declared that the
sale and trafficking of girls and children are illegal (UN,
2010).
28. INTERNATIONAL CONFERENCE ON
POPULATION AND DEVELOPMENT
1994
raised the issue of empowering women and
improving their status as important agenda as it is
essential for achieving sustainable development.
Principle 4 of the International Conference on
Population and Development program of action
states advancing gender equality and equity and
empowerment of women, and the elimination of
all forms of violence against women and ensuring
women's ability to control their own fertility are
cornerstones of population and development-
related program.
29. UN adopted
the Convention on women's political rights in 20
December 1952 and
the Convention on Elimination of all forms of
Discrimination Against women on December
1979, which came into force on 3 September 1981.
Nepal becomes
state party to the former on 20 April 1966 and
to the later on 22 April 1991
30. UNITED NATIONS POPULATION FUND
UNFPA Nepal
Active in Nepal since 1971,
UNFPA has supported the health-sector programme,
enhanced the national response to gender-based violence,
and implemented the population and housing census.
Today, programmes support the subnational capacity for
planning and managing population, gender and reproductive
health programmes, and strategies in districts that have made
slow progress in achieving the goals of the International
Conference on Population and Development (ICPD).
31. KEY HUMANITARIAN RESULTS 2021
4,025
UNFPA-assisted safe deliveries
9,100
Affected population reached with Family Planning
services
35,778
Number of women of reproductive age (aged 15-49) reached with SRH
services
5,281
Number of people reached with SRH/GBV information and awareness
activities
32. THE CONSTITUTION OF NEPAL 2072
ESPECIAL PROVISIONS:
Article 38 of the constitution establishes women's
rights as fundamental rights.
Basically formal equality, the emphasis on all forms
of discrimination is emphasized.
Article 254 of the Constitution of Nepal provides for
the National Commission for Women to open
offices in the states as per the need, it has to be
implemented.
33. NEPALESE GOVERNMENT’S
PERIODIC PLAN AND POLICIES ON GENDER
Nepalese government’s laws and policies on gender in
its development endeavor initiated since its first five
year Plan (1956-1961).
Nevertheless, during that period the state policy on
women was formulated with a “welfare approach”
focusing on the reproductive role of women as
mothers and homemakers.
A shift in the focus on women occurred during mid
and late 1970s with Nepal observing the International
Women’s Year and participating in the First World
Conference on Women in 1975; and the subsequent
study on the Status of Women in Nepal 1979.
34. FIVE-YEAR PLAN & GENDER ISSUES
Sixth five-year Plan (1980-85) initiated the WID (Women in
Development) policy assigning a separate chapter about the
role of women in development, which was followed by the
seventh five-year Plan (1985-1990) and the eighth five-year
plan (1992-1997).
Sixth Plan adopted an “efficiency approach” to women in
development recognizing the productive role of women for the
first time in Nepal’s planned development.
The seventh plan adopted a “(equal) participatory
approach” along with the efficiency approach and
the eighth plan adopted an “equity approach” along with a
realization of the need to mainstreaming women in
development
35. A paradigm (in a pattern) shift occurred from
women in development to gender and development
(gender and development) in Nepal’s development
policy during the ninth five-year plan (1997-2002),
which is given continuation in the tenth five-year
plan (2003-2008).
These Periodic Plans have adopted the policy of
“gender equality” and “women’s empowerment”
by adopting the strategy of “gender mainstreaming”.
36. The tenth five-year plan (2003-2008), which is
also the Poverty Reduction Strategy Paper
(PRSP),
identified gender equality as the major indicator of
poverty analysis.
Also in place are gender disaggregated indicators
and a monitoring mechanism is being put in place
to measure the outcomes in the Ministry of
Women, Children & Social Welfare named
“Women and Child Info” 2004
37. THE ECONOMIC POSITION OF WOMEN: PROPERTY
RIGHTS,
TAX, AND
EMPLOYMENT LAW
(A) Property and inheritance law
according to the 2011 Census,
only in 19.71 percent of Nepal’s households do
women enjoy ownership over land and property.
According to the earlier 2001 Census, less than 1
percent of the total households reported female
ownership of the main three types of economic
assets (house, land, and livestock).
38. (B) TAX LAW, EMPLOYMENT LAW, AND
QUOTAS
Women in the family:
marriage, divorce, dowry, and
reproductive rights
(a) Family law
(b) Dowry
(c) Reproductive rights
39. Violence against women and harmful
practices
(a) Superstitious practices
(b) Widowhood
(c) Sexual violence
The government lawyers had argued that “according to our
Hindu traditions and values, a husband having sexual
intercourse with his wife can never be considered rape.” The
Supreme Court rejected the argument and held that “the
Dharmaśāstra cannot condone marital rape because the true
scope of religion is to promote love.”
The Court further refined the meaning of equality and argued
that all women, by virtue of being human beings, are entitled
to the enjoyment of fundamental rights and protection from
harm irrespective of their marital status.
(d) Gender-based violence
40. Intersectional claims: Immigration and
citizenship
A 2013 study conducted by the
Forum for Women, Law and Development
showed that as of July 2011,
23.65 percent of Nepal’s total population age 16 or
above (that is, over 4.3 million people) lacked
citizenship certificates.
41. Nepal’s Constitution
does not permit discrimination on the basis of sex and
advocates special legal provisions to protect and
advance the interests of women.
The local self-governance act 1999 स्थानीय स्वायत्त शासन
ऐन 2055 also introduced mandatory representation of
women in local government.
However, women’s representation declines
progressively at higher decision-making levels where
they are outnumbered.
Elected local bodies were suspended in July 2002,
resulting also in the suspension of the representation
requirements of the local self-governance act.
42. AFTER 2006
After the big political change of 2006, government of
Nepal has been trying to make more participation and
empowerment in local development entire planning
process to all the phase of development.
The interim Constitution emphasizes on allocating 33
percent of seats for women in political sector for
both the first-past-the-post system and for the
proportional representation system.
During the elections, all political parties nominated
female candidates only for the proportional seats.
Only a few female candidates were elected through the
First Past the Post system. This again helped place men
in decision-making positions and places
43. local elections held in 2017 saw
753 Deputy Mayors/Chairs from
6 metropolitan cities,
11 sub metropolitan cities,
276 municipalities and
460 rural municipalities elected.
The fact that 700 of these were female is a major
achievement.
If you look at the details though,
out of 753,
only 18 of the elected Mayors/chairs were female.
The question is, why were only 18 female
Mayors/Chairs elected out of 753 seats?
44. SUMMARY
The Interim Constitution 2006, emphasized on
allocating 33 percent of seats for women in political
sector and in all the state structure.
The constitution of Nepal 2015, article 11 (5) and (7)
compromises the ability of women to independently
confer citizenship to her child as the father.
The truth is that formal equality is enough, as women
and disadvantaged groups are not on equal footing to
utilize these formal opportunities.
Adaptation strategy and implementation of gender
parity is in manifold of outfit of the study which also
connects roles and responsibilities of development
actors and authority in local level.
45. The analysis of Nepal’s gender equality litigation
between 1990 and 2015 reveals the
Supreme Court’s pivotal role as a public forum to
engage issues of gender equality and define its
meaning in constitutional terms.
Thus, the Court has contributed enormously to the
advancement of women’s rights by progressively
chipping away at gender-based discriminatory laws,
policies, and practices in an incremental fashion.
A nuanced account of Nepal’s gender equality
jurisprudence over twenty-five years illuminates key
trends in this area—and the challenges and
opportunities ahead for constitutional litigation on
women’s rights.