The Development of Human Rights after Nepal Civil War.docx

The Development of Human Rights after Nepal Civil War
Chapter 1
List of Acronyms
CPN - Communist Party of Nepal
UNMIN - Political Mission in Nepal
UNHRC - United Nations Human Rights Council
UNICEF - United Nations International Children'sEmergency
Fund
UN - United Nations

This paper is focused on the implementation of 7.1. Human
Rights on Comprehensive Peace Agreement that was signed by
the government of Nepal and the Communist Party of Nepal
(Maoist). Although both of the government of Nepal and the
Communist Party of Nepal had signed the peace agreement,
they’re not obey the rules on the peace agreement. The below is
content about human rights that cited from Peace Accords
Matrix:
‘7.1. Human Rights:
7.1.1. Both sides reiterate their commitment to the respect and
protection of human rights and the international humanitarian
laws and agree that no individual shall be discriminated on the
basis of colour, gender, language, religion, age, race,
nationality or social origin, property, disability, birth and other
status and thought or belief.
7.1.2. Both sides agree to create an atmosphere where the
Nepali people can enjoy their civil, political, economic, social
and cultural rights and are committed to ensuring that such
rights are not violated under any circumstances in the future.
7.1.3. Both sides express their commitment that impartial
investigation shall be carried out and lawful action would be
taken against individuals responsible for obstructions in the
exercise of the rights contained in the agreement and guarantee
not to encourage impunity. Apart from this, they shall also
guarantee the right to relief of the families of victims of
conflict, torture and disappearance.
7.1.4. Both sides shall refrain from inflicting torture,
kidnapping and coercing the ordinary people to any work, and

shall take necessary actions to discourage such acts.
7.1.5. Both sides shall respect the social, cultural and religious
sensitivities, and the protection of religious sites and beliefs of
any individual based on the values and norms of secularism,
7.3.1. Both sides respect and protect the right to individual
dignity. In this connection, no person including those deprived
of the enjoyment of freedom under law shall be subjected to
torture or any other cruel, inhuman or degrading behaviour or
punishment. The citizen's lawful right to privacy shall be
respected.
7.3.2. Both sides shall fully respect the individual's right to
freedom and security, shall not keep anyone under arbitrary or
illegal detention, and shall not kidnap or hold anybody captive
in a like manner. Both sides agree to make public the status of
every individual disappeared and held captive and provide such
information to their family members, legal counsel, and any
other authorized persons.
7.3.3. Both sides shall respect and protect the citizens' right to
freedom of movement and the right to choose the location of
one's residence in a manner acceptable under prevailing laws,
and express their commitments to respect the right of
individuals and families displaced during the conflict to return
to their original places of residence or to settle in any other
places of their choice.
7.7.1. Both sides agree to enforce and cause to be enforced the
freedom of thought and opinion, freedom of expression and
publication, freedom of peaceful assembly without arms,
freedom of movement, freedom of choice of profession or
occupation, freedom of acquisition, ownership and disposal of
property, freedom to participate in peaceful political activities,
the right to equality before law and a just legal system.
9.4. The National Human Rights Commission shall also carry
out responsibilities related to the monitoring of human rights as
mentioned in this agreement together with the responsibility
assigned to it as per the laws. While carrying out its functions,
the Commission may liaison with and seek assistance from

national as well as international human rights related
organizations.’
(This part is not finished)
Background of the war
On February 4, 1996, the leader of the Communist Party of
Nepal (Mao) Babram Bhattarai submitted a memorandum to the
then Prime Minister, Shel Bahadur Deuba, which mentioned the
abolition of the King and The privilege of the royal family, the
declaration of Nepal as a secular state, the establishment of a
people's democratic system, the creation of a new constitution,
etc., were rejected by Deuba. On February 13, the Communist
Party (Mao) began attacking police stations in various areas in
the Labuti area, seized explosives, attacked banks, and
officially launched a civil war. In the next decade, the
Communist Party (Mao) gradually occupied more than half of
Nepal's territory and surrounded the capital, Kathmandu. On
November 17, 2005, seven parties in Kathmandu formed a
seven-party coalition, terminating the administrative power of
King Gyanendra and negotiating with the Nepalese Communist
Party (Mao). On April 24, 2006, the Nepalese government
announced the return of sovereignty to its citizens. On
November 21, the CPN (Mao) officially reached a peace
agreement with the government and signed a peace treaty,
marking the end of the civil war.
The Communist Party of Nepal (Maoist) split from the "Nikkei
(Unity Center)" and is now the largest faction of the Communist
Party of Nepal. Advocate the realization of the Federal
Democratic Republic, as well as land reform, social equality
and other requirements.It emphasizes the guiding ideology of
Marxism-Leninism and Mao Zedong Thought, with the aim of
establishing the People's Republic in Nepal. In February 1996, a
people's war was launched in the remote mountainous areas of
central and Western Nepal and the road of armed seizure of
power was taken. At the end of 2001, it was declared a terrorist

organization by the governments of Nepal and the United States.
On February 4, 1996, the leader of the Communist Party of
Nepal (Maoist) Babram Bhattarai submitted a memorandum to
the then Prime Minister, Shel Bahadur Deuba, which mentioned
the abolition of the king. With the privilege of the royal family,
the declaration of Nepal as a secular state, the establishment of
a people's democratic system, the creation of a new
constitution, etc. It was rejected by Batrai. On February 13, the
CPN (Maoist) began attacking police stations around the
country in the Labuti area, taking explosives, attacking banks
and officially launching a civil war. In the next decade, the
Communist Party (Maoist) gradually occupied more than half of
Nepal’s territory and surrounded the capital, Kathmandu. On
November 17, 2005, seven parties in Kathmandu formed a
seven-party coalition, terminating the administrative power of
King Gyanendra and negotiating with the Communist Party of
Nepal (Maoist). On April 24, 2006, the Nepalese government
announced the return of sovereignty to its citizens. On
November 21, the CPN (Maoist) officially reached a peace
agreement with the government and signed a peace treaty,
marking the end of the civil war. Since the 1996 rebellion,
nearly 13,000 Nepalese have died, most of them civilians. The
agreement was reached after 14 hours of marathon negotiations.
The main content of the agreement is: Since the date of
signature, the 11-year Nepal Civil War has been declared
closed. On November 16, the comprehensive peace agreement
will be formally signed.
Nepal is one of the ten poorest countries in the world. Until
2006, the country's GDP was only 7.54 billion US dollars, and
the per capita economy was only 311 dollars. The economy
relied heavily on foreign aid. The feudal system that lasted for a
thousand years made life harder for the poor. Especially in rural
areas - the vast majority of the country's population lives in
rural areas - social inequality is extremely serious due to large-

scale land ownership. Under the old system, Nepal was a
constitutional monarchy; a non-partisan parliamentary system
was imposed, and no political party was banned. All powers of
the state belonged to the king. There has been a long-standing
ethnic conflict between the residents of Indian descent in the
southern region and the main inhabitants of northern Nepal.
In April 1990, King Birendra was forced by the public opinion
to abolish the parliamentary system and implement a
constitutional monarchy based on a multi-party system. It was
this move that opened the political transformation in Nepal and
opened up unexpected turbulent years. The Communist Party of
Nepal participated in the first parliamentary election in the
following year. However, after the election, the political
situation was chaotic and the life of the poor people did not
change. There was an argument at the time of the Communist
Party. Some people advocate the parliamentary road, while
others advocate a violent revolution to completely change the
land system, liberate farmers and women, and establish a
republic. The two factions finally parted ways. In 1994, the
Communist Party (Maoist) split. On February 13, 1996, the CPN
(Maoist) left the city to break away from the political
mainstream, entered the remote villages to launch an armed
struggle, established its own political power and base areas, and
organized the army. Since then, Nepal has fallen into an
extreme era. The Communist Party of Nepal (Maoist) initially
had a team of less than 800 people. The guns and ammunition
were extremely scarce and there was no foreign support. Many
people think they will fail quickly. However, they were
supported by the peasants, and the forces ruined almost the
entire village, with 60% of the country's land and 50% of the
population. The troops reached 30,000 and tens of thousands of
militia. The government twice met with it in 2001 and 2003.
However, because of the serious differences, the peace talks
broke down. The government immediately announced the CPN
(Maoist) as a terrorist organization. But the government forces

have been unable to suppress this opponent. Beginning at the
end of 2004, the armed forces of the Communist Party of Nepal
(Maoist) launched a siege on Kathmandu. The strict blockade
caused the capital to cut off food and power, and the
government was in an unprecedented crisis. In this situation, the
King’s desperation has increased the intensity of the attack, but
the results have been minimal. After a decade of violent shock,
the old order began to disintegrate. The society finally
gradually abandoned the king and accepted this radical political
force. In November 2005, the Communist Party of Nepal
(Maoist) and the Seven-Party Alliance began to join hands to
deal with the king. After the establishment of the new
government by the Seven-Party Alliance in 2006, the two sides
held peace talks several times. In August, the two sides sent a
letter to UN Secretary-General Kofi Annan, who unanimously
requested assistance in the management of weapons and armies.
On November 21, 2006, under the mediation of the United
Nations, the seven-party coalition government signed a peace
agreement with the CPN (Maoist) to end the civil war. Prime
Minister Koirala and the leader of the Communist Party
(Maoist), Prachanda, both signed that Nepal will enter a new era
of peace, democracy and development. On April 18, 2007, the
Nepalese government set about reducing the number of
combatants armed with the CPN (Maoist) from 30,000 to
17,000. On January 15, 2007, the parliament issued an interim
constitution to form an interim parliament containing the CPN
(Maoist). In April, the party entered the party leader Koirala as
the temporary coalition government of the prime minister, and
the Communist Party (Maoist) officially returned to the political
mainstream.
On the 4th February, 1996, the Chairman of the Central
Committee of the People's United Front, Dr. Babram Batrayi,
submitted a memorandum to the Prime Minister of the Kingdom
of Nepal, Sher Bahadur de Upa, in the form of a list of 40
requirements concerning nationalism, democracy and

livelihood, of which 9 are related to nationalism and democracy.
There are 17 requirements and 14 requirements related to
people's livelihood.The memorandum calls on the government to
abolish all unequal treaties. On the issue of human rights, the
memorandum states that a new constitution should be drafted by
representatives elected for the establishment of a people's
democratic system. Also, it claimed the government should
abolish all the privileges of the king and the Royal family. All
those killed in the People's Movement that happened on 1990
should be approved as martyrs. Family members of martyrs and
those who are injured or disabled in sports should be properly
compensated.Regional discrimination should be eliminated
between high mountain areas and Telai district. The backward
areas should be given regional autonomy. Rural and urban areas
should be treated equally. The government should provide
scientific medical services and education to all people free of
charge and stop commercializing education. At the end of
memorandum statement, it claims ‘We would like to invite the
current coalition government to take immediate action on these
demands, which are closely related to the lives of the Nepalese
nation and people. If we fail to receive a positive response
before February 17, 1996, we would like to inform you that we
have to resort to armed struggle against the existing state
regime.’Prime Minister Sher Bahadur Deuba scoffed at these
demands.On this year, the unprecedented financial turmoil
centered on Thailand and gradually spread to the whole of
Southeast Asia. Nepal's economy suffered a major blow.Prime
Minister Deuba had no time to care about the memorandum and
refused to accept the abolition of monarchy and the
establishment of a republic. And then, on February 13, 1996,
leaflets distributed in the name of the CPN (Maoist) Central
Committee appeared all over Nepal, and this leaflet claimed
build a new democratic country.On that day, the Nepal Civil
War had officially begun.
Children issues.Nepalese children are mired in a decade-long

riot that has become a victim of frequent neglect in protracted
conflicts, whose predicament has worsened by poverty and
abuse. One of the consequences of the conflict is that children’s
rights are violated and their daily lives are severely disrupted.
According to a 2005 report by a UNICEF child labourer in
Nepal, more than 40,000 Nepalese children are estimated to
have been displaced during the Maoist riots. Tens of thousands
of children were politically indoctrinated by Mao’s short-term
abduction. Some of these children were recruited into the
Maoist armed forces or militia. Education has been devastated,
especially since it was forced to close during the strike, and the
school year in some areas has been cut to almost half. Teachers
are threatened, attacked and even killed. Schools in conflict-
affected areas were used for political meetings and forced
indoctrination classes, bombed or attacked, and some were
converted into barracks. There have also been reports of mines
and other explosive devices placed in and around school
buildings, playgrounds. UNICEF and its partners responded by
urging the Nepalese parties to ensure that schools and
classrooms remain free of weapons and explosives and as a
politically neutral zone where children will not be
indoctrinated, abducted or harassed or intimidated as political
suspects. During the war, the Maoists violate international
human rights law, including the continued use of children in the
People’s Liberation Army, although the Maoists denied that
they were expropriating children under the age of 18. The
children were arrested and tortured for being suspected of being
associated with the CPN (Maoist), and many teenagers are
currently being detained by the state authorities for the anti-
terrorism bill. Also, there is evidence that children have been
used as informants or spies by the Royal Nepalese Army. Wars
and conflicts have claimed many children’s lives and limbs,
making them unable to receive education and access to basic
health services, and have increased poverty, hunger and disease.
The conflict also forces children to be separated from their
parents, or to leave their homes, witness war crimes, or become

war criminals. When the war is ignited, children often become
the first to fall victim directly or indirectly. War has changed
their lives in many ways. Even if they are not dead or maimed,
they may become orphans, be kidnapped and raped, or witness
the death of their loved ones, or suffer from violence and
wandering, leaving behind unhealthy limbs and Emotional
trauma. At the same time, the social damage caused by war
means that children are denied basic services such as education
and medical care. Human rights groups say that anti-government
forces have kidnapped at least 8,000 children, and schools are
the target they like. After these children are kidnapped, they
must participate in the "Democratic People's Education" camp
for one to three days.
Women rights.Due to the long-term civil war, a large number of
widows have appeared in Nepal. Widows are discriminated
against in Nepal. In order to change the status quo, the Nepalese
government introduced measures. Every male who marries a
widow can get a reward of £395.
Signing of the Comprehensive Peace Agreement
The agreement was reached after 14 hours of marathon
negotiations. The main content of the agreement is: Since the
date of signature, the 11-year Nepal Civil War has been
declared closed. On November 16, the comprehensive peace
agreement will be formally signed. On November 26, the
existing parliament will be dissolved and a provisional
legislature will be formed. The Nepal Congress Party will have
75 of the 330 seats in the provisional legislature, and the anti-
government armed forces will have 73 seats. The remaining
seats will be shared by other small parties. The interim
constitution will also enter into force on this day. On November
24th, weapons will be centrally controlled and managed under
the supervision of UN agencies. From this day, the anti-
government armed forces began to implement "separation of
human guns" and "guns and arsenals". All weapons were sealed

before November 30. The Nigerian government forces will also
seal up the corresponding amount of weapons and equipment
under the supervision of the United Nations. On December 1st,
a temporary coalition government formed by representatives of
the seven-party coalition and anti-government armed forces was
formed.
Current conditions
On February 26, 2018, Nepalese Foreign Minister Shanker Das
Bairagi attended the thirty-seventh meeting of the United
Nations Human Rights Council (UNHRC) in Geneva. In his
speech to the General Assembly, Mr. Foreign Minister stated
that the Nepalese government is fully committed to the
protection and promotion of human rights and is striving to
promote the resolution of the issue of fairness in transition.
This is the first time that Nepal has participated in the UN
Human Rights Council as a member state. It is also a landmark
event after Nepal’s end of the civil war. The Government of
Nepal has recently extended the transitional terms of the two
judicial institutions to ascertain the truth about the abuse of
human rights violations during the decade-long civil war.
Bairagi stated at the Human Rights Council that the Nepalese
people use the Constitution to maintain an inclusive democracy,
establish a pluralistic, rule of law, responsible and
representative government, safeguard universal human rights
and freedoms, and promote social and economic development.
Bairagi said “Nepal represents a unique case of a successful
transition to peace from armed conflict to democratic political
reform. This is a truly strong and confident country’s desire and
commitment to ensure equal rights for all,” At the same time, he
combined with the success stories of this Nepalese election,
said that the organizational structure at all levels in Nepal is
basically formed, and the constitution has entered the stage of
full implementation. Nepal will focus on the rights of ethnic
minorities, Madhesi, women and persons with disabilities and

seriously implement the recommendations of the United Nations
universal periodic review mechanism.
Human rights issue after the war
On the 2015, A Danish scholar, Lakshmi, published a series of
survey data showing that most women in Nepal are expelled
from the room during menstruation, and can only sleep in a
simple room such as a cowshed during the menstrual period.
Most of these female groups suffer from genital infections or
pneumonia. More serious symptoms such as uterine prolapse or
anemia appear. Even more frightening is that even women after
childbirth can only take care of newborn babies in a simple
room such as a cowshed during menstruation. This is also why
the neonatal and maternal mortality rates in Nepal are very
high. There is also a very serious incident about the situation of
women in Nepal - trafficking. There are countless women being
trafficked every year in Nepal, and they are usually trafficked to
neighboring areas such as India. Because India and Nepal are
too close, and there are borders that are not guarded. The
incidence of these events is very high. This also reflects the
backwardness of Nepal and the attitude towards the status of
women. For such frequent trafficking incidents, the government
is also difficult to rectify and is also very unimportant. Less
than a thousand cases are filed each year because of female
disappearance or trafficking. This is simply not true, and 5% of
the cases occurred.
Professor comments for chapter 1
This still needs a lot of work, as you know. There needs to be a
clearly defined policy problem that is covered clearly by the
peace accord. Your background section spends too many words
on the constitutional crisis--you need to focus more on the
wider social conflict and the problems created by the conflict
that your policy will address. You also need to focus more
clearly on a specific policy problem, such as specific issues
facing women or children (but probably not both) that are

covered in the peace accord. Also, you must cite the material
that you use and provide an accurate bibliography.
Chapter 2 Policy Alternatives
I. Introduction
National Plan of Action for children Nepal ( 2004/05 -
2014/15)
National plan of action for children is a policy that protecting
children right on Nepal from 2004 to 2014. Child rights are
realized by UN Convention on the Right of Child ( UN-CRC).
After that governments published policies to build up
protections for child rights around the world. Before Nepal
government formulated National Plan of Action for children
NEPAL, Nepal government appealed UN-CRC and formulated
National Plan of Action for Children and Development for
1990s, and Nepal had established Nation Plan of Action ( NPA)
to work for UN-CRC. The United Nations agencies,
international non-governmental organizations, non-
governmental organizations and civil society promote children's
participation, and the government is gradually aware of the
importance of child rights. After that, the plan for protecting
child rights was modified several times, and then National Plan
of Action for children NEPAL came out in 2004. Implementers
are local ministries.
On National Plan of Action for children NEPAL, it was
included children health issues, providing education chances for
every child, protecting children against abuse, forbidding
exploitation and violence for children, and helping children to
against HIV/AIDS. This policy apply to all children on Nepal
included refugee children, homeless children, and children with
disabilities. Also it gives details about what the governmental
organization and non governmental organization will do to
protect child rights in Nepal.

II. Stakeholder Analysis
The basic stakeholders for this policy included children,non
governmental organization, international organizations,
governmental organization, and civil society group. As other
various socio-economic issues have always been the main
concern of the central government.
1. Children
a. Children should have basic human rights in Nepal like
education, safety, and health, etc. Nepal is a developing country
and has poor financial conditions, and many children live there
lack of education chances and enough food. If the government
cannot provide help for these children, children’s living
conditions will become worse.
b. Child marriage and child soldiers are also serious problems
for children who live in Nepal. The Maoist used Child soldiers
on the Nepal Civil war, and there are about 3,500 to 4,500
children were recruited and trained for civil war by Maoist
military.
2. Governmental organization
a. Ministry of Women, Children and Social Welfare (MWCSW)
is Nepal governmental organization to make plans to protect
women and children keeping away from sex abuse and
exploiting women and children labour forces. Also, MWCSW
has a mission that is represent children on Nepal to attend
UNGASS and report these children’s current conditions.
b. Local ministries is a key part in this policy, because the NPA
rely on local ministries to imply the relevant actions.
3. Non governmental organization (NGOs)
a. United Nation Children’s Fund (UNICEF) is an organization
to promote rights every child and benefit for all of them. Also
UNICEF has mission to supervise government to protect
children who live in Nepal.
4. International Organization

a. United Nations General Assembly Special Session on
Children (UNGASS) is held for get report about childrens’
development issues around the world. According to these
reports from different countries, Nepal’s Nation Plan of action
(NPA) will make out new developmental plan children on the
next ten years. On the UNGASS, there are four main parts will
be cared. The first is protecting health lives for children that
means children should have nutrition for growing up and keep
away from infections. The second is education that refers to
basic and free education should be provided for children and
equal education chances. The third one is avoiding children’s
abuse, violence, exploitation, child labour, sex abuse,and child
soldiers, etc. The fourth is protecting and preventing children
with HIV/AIDS.
5. Civil Society Group
a. Legal guardians. Legal guardians also considered as a
stakeholder on this policy, because this policy can provide
benefits for them. For example, they can get funding support for
children’s daily life, especially for single parent families on
Nepal.
b. The Maoist. This policy limited the Maoist to recruit child
soldiers on Nepal Civil War, because when this policy was
published, the Nepal Civil War was not finished and the
Comprehensive Peace Agreement was not signed between the
Government of Nepal and the Maoist. So this policy has
limitations for the Maoist.
III. Criteria
1.Impact
On this policy, the government of Nepal promised to formulate
new laws about child rights and make sure every child live
better on this country. The government will provide technical
support and financial support to reach the goals that promised
on this policy. There are some marked effects were achieved
after this policy created.

On health issue part, the government has been working to
reduce health care to the community level. The development
plan for the health plan system has been adopted and
implemented since regular implementation and specific policy
measures have been implemented since the Ministry of Health.
A huge range of vaccination was used for newborn children, this
action has positive results. Neonatal death rate and children
death rate under five years old was declined, but malnutrition
was still a big problem in Nepal.
On the education part, the government was committed to
providing basic universal basic education for all and improving
the quality of education. The government is providing and
expanding physical infrastructure, educational materials,
teacher training and various incentives such as scholarships,
school feeding and other support programs to increase
enrollment and retention rates.The enrolment rate of boys and
girls in primary schools continues to increase.The literacy rate
of the population aged 6 and below is higher than 58% (70% for
men and 45% for women), of which 84% are 11-13 years
old.For a small number of young people entering the job market,
vocational training is provided by the Technical Education and
Vocational Training Council as an affiliated training
institutions and ministries. Non-governmental organizations and
the private sector are equally active in providing skills training,
but Most vocational schools lack the necessary infrastructure,
qualified teachers and adequate teaching materials.
1.Cost
The cost for this policy will be measured by financial,
technical,and human resources. To implement this policy, NPA
requires collaborative and integrated efforts to implement it.
Key stakeholders, including government organizations,
development partners, non-governmental organizations and civil
society institutions at all levels, as well as parents share
responsibility for these children.
On the government budget for this policy, the financial cost
included these parts - legal reform, institutional development,

health and HIV/AIDS, education, rehabilitation and social
reintegration,Protection, and others. All of these actions pay by
nation funds, and total plan devoted is 125,820 millions Rupee.
3.Conflict Reduction
The poverty problem in Nepal has lasted for decades and is
considered to be a deep-rooted complex phenomenon with no
simple solutions to fast and complex phenomena. Economic and
government actions have largely failed to meet the expectations
of poverty alleviation. In general, women’s poverty is deeply
rooted; and it has a greater impact on children. The general
difference persists in income distribution, social and economic
infrastructure. Due to high poverty, families, communities and
governments are not able to invest in children as required.
4.Legal considerations
On this session, child soldiers and child child labor are key
meansurement, because these two issure are hard to solve on
child rights. In 1998 and 1999, Nepal Labor Force Survey found
that 1.879 million children aged 5-14 years were economically
active. More girls work more than boys, and the proportion of
children working in rural areas is much higher than that of
urban exploitation. Inadequate law enforcement, poverty, land
loss, illiteracy, long-standing traditions and inadequate
understanding of children’s rights, monitoring mechanisms and
social security schemes. Lack of administrative and legislative
mechanisms to address child labour issues in informal labor.
The Maoist insurgency, which began in 1996, has claimed more
than 10,000 cases, including 300 children, and has caused many
injuries. It has been reported that Maoists have been recruiting
children and youth to participate in their sports. Details and
information on the number of children involved are not
available. Although the rebellion originated in the western and
central and western parts of Nepal, more and more areas are
being disturbed and insecure. The country’s development
activities are adversely affected, in the case of children.
Sexual abuse, exploitation and trafficking are the main issues of

concern for children, and despite the efforts of the Government,
this right has not diminished; social organizations. Studies have
shown that sexual abuse and sexual exploitation are ubiquitous,
including homes, schools, communities, workplaces, and even
places in public places. On the other hand, children are reported
to be trafficked for sex and sexual behaviour.
5. Ethical considerations
Culture and religion differences will cause different ways on
raise up children and obligations for children. In Nepal, a lot of
areas are hierarchical, authoritarian and patriarchal until now.
The adults on there can not understand why children should get
welfare and rights. Also, most of these parents are illiterate and
poor, and they are difficult to meet children’s basic needs. Most
parents treat boys and girls in a different way. Boys may have
better treatment on family life than girls.
6. Moral considerations
Discrimination that included gender discrimation issue,caste,
children with disabilities, and religion can be considered as a
moral considerations for this policy. On Nepal, Girls’ enrolment
rate for school is low, and gender inequality is obvious in
schools. Also, for discrimination issues, the school and
government policy are lack of guidance for teachers. There is no
any instructions to solve this issue that directly lead children
with disabilities have less access to education.
IV.Policy Options
There are a number of laws that protect children from all kinds
of exploitation except for the basic rights mentioned in the
Constitution of the Kingdom of Nepal. However, hundreds of
children are being subjected to violence, exploitation, neglect
and all forms of abuse and discrimination and are denied their
basic rights. Many children live in an unbearable environment –
permanently disabled or seriously injured by armed conflict;
internally displaced persons; children with natural disasters and
migrant workers. Trafficking, smuggling, physical and sexual
exploitation and abduction, and economic exploitation of
children, even the worst forms, are children’s daily lives, and

domestic violence and sexual violence against women and
children remain serious problems. Children have the right to be
protected from all forms of abuse, neglect, exploitation and
violence. For solving child labour issues, children in conflict,
children sexual abuse, exploitation and trafficking, homeless
children, refugee children, and children with disabilities and
children with drug abuse, this policy provided specific ways.
For child labour issues, the government claimed solving child
labor issues should start from classify child labor according to
the vulnerability of the work.Also, the government planed some
interventations to protect children who have to work. Most of
the actions and activities that against child labor are directed at
the city. Rural areas also need governmental interventions to
address the causes and consequences of child labour.
For children sex abuse and violence,the government is working
to control sexual abuse, sexual exploitation and trafficking in
the commercial sector.Non-governmental organizations are also
working to protect, prevent and rescue children who are
exploited and abused.
For homeless children, Some non governmental organizations
are working to address the problems of street children, such as
transit transport housing, skills training, social centers,
counseling, food education and family reunification.
For children with disabilities, the government established a
special education program.The government has approved almost
all declarations that related with children with disabilities and
has enacted separate laws to promote their rights. Since the
early 1980s, government organizations, non governmental
organizations and other civil organizations have been working
for children with disabilities. They devoted on special
education, skills training and community rehabilitation for
children with disabilities. Also they were tried to against social
stigma, discrimination and exclusion for children with
disabilities. Non governmental organizations conduct such
programs and activities across all regions of the country for this
group of children.

This policy included promoting rights for refugee children.
More than 100,000 Bhutanese refugees living in Nepal have
been working in refugee camps in eastern Nepal from the past
10 years. For these refugees, the government of Nepal provided
food, education, refugee health and other services. So the
refugee children got the same education chances with the local
children. And some non-governmental organizations and
international non-governmental organizations, such as the
British Children’s Fund have been assisting these refugees in
Nepal.
V. Criteria matrix (compare options per each criteria)
a. Table (-3 to +3 scoring or some other scoring)
Health lives
Education
Combating HIV/AIDS
exploitation and violence
Status Quo
+1
-2
-2
0
government
+1
-2
-3
0
Non governmental organization
+2
+2
+2
0
Civil Society groups
+2
+1

-2
0
children
+1
0
0
-1
Professor comments for chapter 2
This needs a lot of work. You have the basic idea of the policy
but you don't provide any clear policy options. It seems that you
are analyzing an existing policy option, the National Plan of
Action, but that is the plan that you presumably think is not
working well enough. Search for other policies that might
achieve better outcomes for children and that would reduce the
likelihood of conflict.
Chapter 3 Policy Recommendation
Nepal children’s life conditions are concerned by international
organizations and the government of Nepal, especially the
Nepal Civil War was kroken out on 1996. Many children were
recruited as child soldiers to join the war. The international
organization UNICEF appealed to protect child rights in Nepal.
Also, the government responded to this call and made out
National Plan Action. Nepal National Plan Action for children
from 2004 to 2014 that focused on education, health issues,
child workers, child marriage,child abuse, and child soldiers,
etc, even children with disabilities was included on this plan.
On the National Plan Action for children, the government listed

out a series of solutions for how to protect child rights and how
much the government will support for these children. Also, it
mentioned the nation will provide enough nutrition and basic
vaccine for all children.
The main purpose for this national plan action for children is
making sure child rights was developed, protected, and
improved, and the government can make a new plan for the next
National Plan of Action for Children. There some other possible
purposes that may exist for this policy. The first purpose for
this policy solution was considered children living conditions
on Nepal that caused by civil war. The primary problem for
children on the war is safety. As a child, they should accept the
education on the school rather than fight on the war. The second
purpose for this policy was protected this nation’s future.
Children as the next generation of the nation can decide the
future nation’s development. In the before, the neonatal death
rate was high on Nepal that directly affect the populations on
this country. If the children cannot be protected as well, the
future is nonsense. So the policy for protecting children healthy
issue is necessary. The third purpose for this policy solution
was affected by international organization like UN-CRC. The
government of Nepal has pressures from international
organizations, because these organizations will consemn.
On the chapter 3, I will focus on education on the Nepal,
because child education is a key point on the NAP for children,
and the government of Nepal created a plan called Nepal School
Sector Reform Plan 2009 - 2015. There are two types of primary
education in Nepal: public education and private education.
Public schools are exempt from various tuition and fees, and
private school fees are paid by the students themselves. The
government provides textbooks for grades 1-3 free of charge.
Boys in remote areas and girls in grades 4–5 also enjoy free
textbooks. From the gender equality aspect, the reason for
Nepal’s backwardness is gender inequality, which will further

exacerbate gender inequality. In Nepal, boys are seen as the
backbone of a family and a community. After receiving
education, boys can easily find jobs in society, but the future of
girls is hard to predict. Therefore, in the face of boys and girls,
parents will first consider giving the right to education to boys,
so that girls are far less likely to be educated than boys. This
awareness has been ingrained in Nepal since ancient times, but
the women at the bottom of Nepal have actually begun to wake
up. This situation shows that there are still serious inequalities
in Nepal education, so the government wants to use plan to
solve and reduce this education inequalities.
In 1919, the then Prime Minister, Chandra Sumcher, established
the first college in Nepal's history - Terry Chandra College. In
1961, Nepal implemented the parliamentary system, established
the National Education Council of Nepal, implemented the
Education System Plan, and introduced the American university
system. In 1971, Nepal implemented the first five-year plan for
education development, which enabled the National Board of
Education to increase the number of schools and enrollment. In
1990, Nepal resumed the multiparty system and established the
National Board of Education to encourage private schools to
promote the rapid development of education in Nepal. However,
the heavy educational history has led to many educational
problems. In terms of secondary education, the national average
enrollment rate in 1997 was 39.4%. Girls who under the
constraints of traditional ideas have fewer opportunities to
receive education. In school, the proportion of female students
is only 1/3. Less than 24% of girls are admitted to pre-
university schools or colleges through the National Unified
Examination. In Nepal, a certain number of children are
marginalized or discriminated because the language, lifestyle or
culture is incompatible with the mainstream population and the
basic human right to education cannot be enjoyed.
In recent years, Nepal’s political, economic and social

development has changed the Nepal people’s minds and inspired
their awareness of better education. The trend of globalization
and regionalization has also contributed to the development of
education in Nepal. Because of the National Action Plan for
children 2004 - 2014, the Ministry of Education of Nepal
established a central organization and promulgated relevant
regulations in 2004. The regulations analysed the problems,
advantages and favorable opportunities on the Nepal education
system. According to the background paper, the Education
Center organized feedback based on the research results and
expert opinions. In 2006, the Ministry of Education issued a
document on education reform, which has been widely
consulted across the country, regions, communities and schools.
Experts and scholars Participation, the document was adopted
by the government in 2007. Based on this document, the
Ministry of Education of Nepal drafted the core content
document of the school reform plan, which mainly established
the policies and strategies for education reform. The core
document is also fed back by experts, scholars, individuals and
interest stakeholders from across the country, from each region.
In June 2008, with the firm support of the Nepal National
Planning Commission and the Ministry of Finance, the school
reform (SSR) core document was adopted by the Ministry of
Education. The core document of school reform is the basis of
the Nepal school reform plan. The 2009-2015 School Reform
Plan contains seven years of program expectations and a five-
year financial plan. After a year of revision, it was finally
approved by the Nepal Ministry of Education in August 2009.
At the request of the Nepal government, the evaluation plan of
the SSRP school sector reform plan was completed and the
implementation of the policy was supported.
The Nepal school reform plan introduced new reform features
based on the new domestic conditions and the new international
situation in the policy content, such as the structural
restructuring of school education institutions, focusing on the

improvement of the quality of education and teaching and the
institutionalization of educational execution responsibilities.
The program aims to improve the efficiency of policy
implementation by providing and improving the school's service
hardware and software facilities, and to ensure the efficiency of
the results to ensure that all school-age students have access to
education. Among the school reform measures, the Nepal
Ministry of Education has also taken many measures to improve
the quality of existing school education services. The overall
goal of these measures is to improve the overall quality of
school education and to enhance the relevance of each stage of
school education. The 2009-2015 School Reform Plan covers all
aspects of the school's teaching life. It is divided into four
parts. The first part is the preschool education. The second part
is the primary and secondary education. The third part is
vocational and technical education. The fourth part is the
professional development of teachers.
For the preschool education part, the National Education Act
sets out the overall goal of preschool education that is to protect
all children of school age and protect their right to education. It
made out a foundation for the implementation of the preschool
education policy in the school reform plan. According to the
Act, the government of Nepal divides the goal of preschool
education into three levels. Each level is comprehensive and
detailed, and the relationship is progressive. The first level is
the policy is aimed at all Nepal children and mainly related to
the personal growth and development of young children. It
focused on promoting children on the comprehensive
development of intelligence, sports, ethics and other aspects.
Also, it promotes the healthy and healthy growth of the body,
especially the coordinated and balanced development of the
body and the mind. These actions are basic needs for the
children to receive further education in the future. The second
level is specifically targeting the vulnerable groups of young

children and adhering to the principle of fair and equitable
education. Pre-school education is open to the general public
included socially disadvantaged groups such as young children
with low caste status, female children, and disabled children.
The third level explored from the perspective of early childhood
development and lifelong education. It makes sure to provide
quality, efficient and level preschool education services for the
whole society and make prepares for preschool children to enter
into primary education schools in the future.
According to the relevant regulations of preschool education in
the 2009-2015 school reform plan, the content of preschool
education is divided into the following three aspects. First, the
plan mentioned make full use of the comprehensive advantages
of both school kindergartens and community kindergartens.
There are 24,773 preschool education institutions nationwide.
Among them, 11,890 school child care centers and the rest of
the community early childhood education centers must fully
cooperate with the implementation of the preschool education
policy that included the characteristics of the children's center
in the community, the large number of students, the flexibility
of running a school, promote the steady and healthy
development of preschool education. Among them, in the new
social environment, the government must pay attention on the
role of private preschools in the development of early childhood
education. Second, the plan emphasized the role of government
departments and said the role of government departments are
leaders, because they need to set up specialized agencies to
coordinate and solve various problems and contradictions that
may arise in preschool education policies. The committee is part
of the relationship and role of the Ministry of Education of
Nepal and is responsible for providing specific planning
outlines and implementation rules for the implementation of
pre-school education policies. The National Planning Center
should set up a coordination committee to adjust the
contradictions between the cabinets and institutions, resolve the

contradictions from all parties in the implementation of the
policy, and ensure that the preschool education policy can be
smoothly and vigorously promoted. Third, the plan mentioned
the fairness of education. The principle of avoiding the
emergence of discrimination or effectively reducing the
incidence of discrimination. Preschool education policy should
pay attention to maintaining the balance of supply and demand
of young students' students, and reduce the contradiction caused
by insufficient students or excessive students. The preschool
education policy also stipulates for vulnerable populations and
groups in the local area, such as ethnic minority children,
female children, disabled children and children with low caste
status such as Dali special surnames. All of alll, all stakeholders
and relevant responsible institutions should adhere to the
principle of fairness and justice in the implementation of pre-
school education policies, in order to effectively avoid various
types of discrimination and remove social barriers for the
promotion of preschool education policies.
For primary and secondary education aspects,according to the
relevant regulations of the 2009-2015 school reform plan, the
concept of primary education in Nepal can be divided into the
following six aspects. The first is emphasizing the
comprehensiveness of primary education audience, the
popularity of education, and compulsory education. The target
audience of free quality education is All children aged 5-12 in
Nepal. All Nepal children in the 5-12 age group will be required
to receive primary education in accordance with the
requirements of the Nepal compulsory education law, and may
have the right to rise after completing the prescribed
studies.The second is primary education should pay attention on
protecting and inheriting the traditional culture and national
culture. In the classroom of primary education, it is necessary to
ensure that all students have equal access to education rights,
and native language should be emphasized. The third is primary
education focuses on the individual needs of each student. The

school should set different learning methods for each student
according to individual differences and different needs of the
students.Teachers should pay attention to each student's self-
learning ability and maintain their learning rhythm. The fourth
is building up the evaluation system for students. All 5-12 year
old school age student groups will be conducted continuous and
long-term evaluation that can prevent, find, and solve problems
for young students. The fifth is putting education safety in an
important position in primary education.The district
departments and the local government should jointly assume the
responsibility of students' safety. The quality of the school
should be strictly controlled, and the responsibility of the
school should be strictly supervised. The sixth is increasing
government financial input and reduce tuition fees, establish
and implement a scholarship system. Tuition fees and a variety
of complicated exam fees are free, reducing the number of
dropouts caused by poverty. For certain vulnerable groups like
low-skilled students, female students, students with disabilities,
etc, it is necessary to implement various scholarship systems
involving different groups to promote the enthusiasm of all
school-age students to receive primary education.
According to the government report for the Nation Education
Plan, as of 2010, the implementation of the pre-school
education policy is as follows - 87% of the four-year-old
children enjoy the welfare of the pre-school education policy,
the quality of all pre-school education centers has reached the
operating standards of pre-school institutions, and 64% of the
successes Children entering primary school have a pre-school
education policy. As of 2010, the primary education policy has
the following achievements. The net enrolment rate for the first
grade is 94%, and the net enrolment rate for the eighth grade is
66. The overall enrollment of primary school rate is 99%, and
the overall enrollment rate of primary education is 85%. It
meets the minimum standards for the construction of 19,500
new classrooms and the minimum standards for the renovation

of 13,000 classrooms. Also, it establishes 100 new classrooms
for special education to meet students with disabilities. 175,000
students with disabilities receive scholarships, 300 schools have
libraries and laboratories, 625 traditional schools have upgraded
school levels, 95 textbooks have been compiled into different
languages, and more than 7,500 schools have implemented
language education.
Preschool education is an integral part of basic education in the
school education system. However, many problems have arisen
in the implementation of the preschool education policy of the
2009-2015 school reform plan, which has become a challenge
that has to be faced. The first is difficult to find qualified and
competent early childhood education service organizations.
Nepal is a country with very limited human and material
resources, so it is more difficult to integrate government
technical support into service organizations. Second, it is
difficult to guarantee the quality and effectiveness of the
implementation of preschool education programs. Although
there are relevant minimum quality standards in the project, in
fact, the standards are difficult to operate. For example, “policy
regulations require kindergartens to meet minimum standards,
but this standard is not clearly defined. The third issue is that
the principle of fairness is difficult to implement in policies.
Although the policy emphasizes the importance of preschool
education on economically underdeveloped regions and
vulnerable regions, but in the process of policy implementation
still put more efforts on developed regions and advantageous
regions. It is difficult to get real attention in poor and remote
regions, and education fairness is difficult to obtain effective
guarantee.
There are some challenges on developing primary and secondary
education in Nepal. In the 2010 Millennium Plan report, the
United Nations stated the implementation of fully developed
primary and secondary education for students can lay the

foundation for children to get higher education. However, in the
implementation of primary and secondary education policies,
Nepal faced with many difficult problems. The first challenge is
that the resource allocation of policies is not as efficient as
expected. In the 2009-2015 school reform plan, when there is
insufficient education funds, the allocation of resources is
delaying and unreasonable. In the process of allocating the
scholarship for the martyrs’s children, it has strictly confirm
about their identity, and this process takes half a month or
more. The scholarship is not paid on time, which affects the
implementation of the policy. The second challenge is that
discrimination often occur, and education is difficult to be truly
fair and equitable. Students come from different regions and
ethnic groups, and have different cultural and life backgrounds,
especially for those in economically underdeveloped areas.Some
students have disabilities or carrying with HIV, and they are
inevitably being excluded and discriminated against. These
children are obviously more introverted and affect their
achievements. How to change the discrimination attitude of
other students towards these special groups is also a difficult
problem to solve. The third challenge is that public schools, as
the main body of primary and secondary education policy
implementation, play an important role in the development and
advancement of the entire education, but they faced serious
problems like school support is limited because of lack of
government funds. The public schools have insufficient
developmental stamina. As the public's trust for public schools
is gradually reduced, and many students choose to attend
private schools. So how to make the public trust the public
school is also an important issue.The fourth challenge is
difficult to implement the concept of developing individual
education for each student. Although the policy emphasizes the
individuality of students, teachers are required to formulate
different teaching plans according to the individual differences
of students. In the implementation of policies, it is difficult to
achieve. The number of teachers in the school is very limited.

Once the teacher's teaching tasks are aggravated, the teachers
have no time to take care of the students in the class, which
makes the teachers unable to teach according to the needs of
each student. Personalized student training model is difficult to
implement. The fifth challenge is that the corresponding
responsibilities within the school are difficult to supervise and
the phenomenon of dereliction of duty exists. There is
sometimes a phenomenon between the department and the
department of the school to shirk its responsibility. How to let
all departments do their part and work together, this is also a
difficult problem to be solved.
In fact, in the formulation and follow-up of the 2009-2015
school reform plan, the government, society, schools, families
and individual students have made a lot of efforts. In preschool
education, primary education and secondary education, there are
specific. The policy objectives and contents have detailed
policy implementation process. This plan has positive
achievements in education implementation, but various
challenges that need to be faced. As one of the countries with
weak economic and educational development in Asia and the
world, Nepal's overall educational development is in a
transitional period. The role of educational must get effectively
implemented that can make sure nation developing in the future.

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