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Position Paper on Ending Violence Against

Women and Girls in Nepal

By the UNCT Gender Theme Group

March 2016

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Abstract

As a technical advisory and advocacy group on gender equality, the UNCT Gender Theme Group in Nepal has as its key objective to promote and support coordinated and collective UNCT action to drive the gender-responsive implementation and monitoring of the Nepal UN Development Assistance Framework (UNDAF) 2013-17, including through the implementation of the UNCT Gender Scorecard recommendations1. In line with this role and with the conclusions made at the 57th session of the Commission on the Status of Women on efforts needed to eliminate violence against women and girls, in April 2015 the UNCT GTG conducted a mapping of joint UN efforts to ending violence against women and girls in Nepal from 2014 to 20162.

This position paper by the UNCT Gender Theme Group firstly provides an overview of the current context of violence

against women and girls in Nepal, including the commitments by the normative and legal commitments of the

Government of Nepal to respond to this issue. Secondly it presents a stock-taking analysis of the responsiveness of

the UNCT in Nepal in its joint efforts to ending violence against women and girls under the Nepal UNDAF based on

the April 2015 mapping covering the period from 2014 to 2016. Based on this analysis, the paper concludes by

identifying recommendations for strengthening the effectiveness of the UN in Nepal in ending violence against women

and girls in Nepal.

The purpose of the paper is to serve as an advocacy and guidance tool for strengthening the effectiveness of the

current Nepal UNDAF 2013-17 and future UNDAF cycles in its joint programming related to ending violence against

women and girls. It also serves as reference note for information sharing for use by the UN Resident Coordinator and

the UNCT in Nepal when presenting on the progress of the UN in Nepal in implementing commitments to ending

violence against women and girls through coordinated efforts and joint programming.

The Issue in Nepal at a Glance

‘Attacking a woman or girl means attacking a possible peacekeeper, police officer, professional or prime minister. The world will never realize 100 per cent of its goals if 50 per cent of its people cannot realize their full

potential. Without changing the mindset of men we may not be able to change this current situation. In the 21st century, truly powerful men are those who believe in and work for the empowerment of women.’

UN Secretary-General Ban Ki-Moon

Facts and Figures

Violence against women and girls (VAWG) is one of the most systematic, widespread human rights violations in the

world. It affects women and girls in every country, regardless of their age, ethnicity, socio-economic status, physical

ability, sexual orientation or gender identity – it is estimated that up to seven in ten women globally will be beaten,

raped, abused or mutilated in their lifetimes. Violence against women and girls is perpetrated in private homes,

schools, work places, on the streets, refugee camps, during natural disasters, peace and conflict. At the heart of this

violence lies deeply rooted gender inequality and discrimination that women and girls face in numerous aspects

throughout their lives.3

According to the 2011 Nepal Demographic Health Survey, 22 per cent of women aged 15-49 have experienced physical

violence at least once since age 15, and 9 per cent experienced physical violence within the 12 months prior to the

survey. One in ten women reported having experienced sexual violence.4 According to a study by Asia Foundation

1 The UNCT in Nepal scored 3.6 out of 5 in its GSC exercise and the UNCT adopted all of the Scorecard’s recommendations. These provide an important entry point for the GTG, in partnership with others across the UN System, to assist the UNCT in Nepal to meet its GEWE commitments under the UNDAF and in line with global commitments. 2 Mapping last updated on 3rd April 2015 3 http://www.un.org.np/headlines/joint-un-statement-occasion-international-womens-day-2013 4 UN Statement for 16 Days of Activism against Violence against Women 2013

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(2010)5 in Nepal close to half of women (48%) reported experiencing violence in their lifetime, and over a quarter had

experienced violence in the past 12 months. Emotional violence (40%) was most commonly reported, followed by

physical violence (27%), sexual violence (15%), and economic abuse (8%). Women who had experienced violence

reported that almost three-quarters of the perpetrators were husbands. A high percentage of young women (74%)

reported having experienced sexual violence in Nepal. Domestic violence, marital rape, dowry-related violence, child

marriage, polygamy, female infanticide and trafficking of women and girls for sexual exploitation are particular

problems of GBV in Nepal6. About a third of married women suffer from spousal violence, with higher rates of

occurrence in Terai and among those with no education and from poorer households.7 A UNFPA 2013 perception

study8 also revealed that women from lower-caste or religious minority groups, widowed, divorced, or separated

women, and women belonging to the hill regions, were significantly more likely to report lifetime experiences of

violence. Dalit women face a high degree of exclusion and traditional harmful practices such as Badi, Chaupadi, Kamlari

and Deuki9, as well as child marriage, which are still prevalent in many parts of Nepal despite being formally

prohibited.10 Women also face violence related to accusations of witchcraft. There are also other traditional practices

like son- preference, stigmatisation of widows, seclusion of women (purdah), family violence, and polygamy. Third-

gender face a separate and specific set of gender based violence issues. Boys are more likely to be educated in Nepal

as they are seen as the future family breadwinner while daughters live home to live with their in-laws. Almost half of

the population gets married between the age of 14 to 19 years and dowry is the major driver of child marriage as well

as a cause of violence against girls and women. The recent desk review by UN Women (2015)11 shows that there have

been cases of Conflict Related Sexual Violence registered in every development region and in over half of the districts

of Nepal. The Review of documentation shows that there are at minimum over 100 cases recorded – however, there

are likely many more that will not be reported due to the lack of services and the associated stigma.

Normative Framework

Nepal has made strong normative and legal commitments to end gender-based violence and inequality. It has ratified the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), supports the implementation of the Beijing Platform for Action and International Conference on Population and Development Programme of Action; and has accordingly adopted national action plans. This year it has enacted the Domestic Violence (Crime and Punishment) Act, Witchcraft related Accusation (Crime and Punishment) Act, The Sexual Harassment at the Workplace (Elimination) Act, Directives to Regulate Domestic Workers to Work in Gulf Countries, National Action Plan on Foreign Employment, the Act to Amend Some Nepal Acts for Maintaining Gender Equality and Ending Gender Based Violence. It has put in place a five-year national strategy and action plan (2012-2017) for ending gender-based violence. The major political parties signed a declaration to end violence against women.12 A Human Trafficking and Transportation (Control Act) has been adopted. A Girls’ Education Strategy Paper and Policy Guideline on Corporal Punishment and Consolidated Equity Strategy Paper is in place to prevent and end school-related gender based violence. A Prime Ministerial Unit to address gender-based violence was adopted in 2010, highlighting the political salience of the issue. The Government undertook a COMMIT pledge in 2013, which states that the Government is “committed to investing in gender equality and women's empowerment to tackle the root causes of

5 Asia Foundation Study on Violence against women (2010) 6 UNFPA Nepal (2014) “Engaging Men and Boys, Communities and Parents to End Violence against Women, Child Marriage and Other Harmful Practices in Nepal” 7 UN Statement for 16 Days of Activism against Violence against Women 2013 8 UNFPA Nepal Perception Survey, 2013 9 The Badi were originally an entertainment caste. Political, cultural and economic changes have contributed to and produced the development and practice of prostitution as a strategy of survival for many in the Badi community. Subsequently, it has been said that prostitution is the "traditional caste occupation" of the Badi and it has often been defined thus as a part of the caste system. Chhaupadi is a practice where girls/women are not allowed to enter inside the house and touch water and milk or prepare food for 4 to 7 days during their menstruation period. They must live, sleep and stay in a hut outside identified as a Chhaupadi's house or in a Chhaupadi goth. Kamlari is a traditional system of bonded labour practiced in southern Nepal, in which socially and economically disadvantaged parents (mostly indigenous southerners and Dalits) would sell their daughter to domestic service for a contracted period to wealthier landowners buyers. Deuki is an old custom practiced in far western regions of Nepal in which parents offer their young daughter to a local temple to gain protection, religious merit and/or approval and higher status from communities for the sacrifice they have made. 10 Nepal MDG Progress Report p. 35; Amnesty International, Nepal Submission to the United Nations Human Rights Committee, 2014 11 “A Desk Review: Conflict Related Sexual Violence in Nepal” (March 2015), UN Women Nepal 12 http://www.un.org.np/headlines/joint-un-statement-occasion-international-womens-day-2013

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violence against women and girls. It also agreed to implement the 57th session of the Commission on the Status of Women (CSW57) agreed conclusions on elimination violence against women with the assistance of UN Women, other UN agencies, and development partners. Both Nepal’s National Action Plan on Implementation of UNSCRs 1325 & 1820 (2011), and the National Plan of Action on UNSCR 1612 (2010), recognize as ‘conflict affected’ women, girls and children who have suffered from sexual exploitation and/or rape, and birth from rape during the conflict. Both National Plans were approved at the Cabinet level of Government. The Act on Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014) acknowledges rape and sexual violence as ‘serious violations of human rights’ in the relevant definitions component. The Minister of Foreign Affairs of Nepal participated in the June 2014 'Global Summit to End Sexual Violence in Conflict', where he stressed that Nepal had adopted a zero tolerance policy on gender based violence and had criminalized sexual violence perpetrated in all situations1.

The new constitution of Nepal which was adopted on 20th September 2015 guarantees the right of women to protection against physical, mental, sexual, and psychological or any other forms of violence as fundamental right, with penalty for perpetrators and entitlement of compensation for victims. The new Constitution has prohibited concretely any act of sexual or psychological violence against women, and oppression against women based on religious, social, cultural, or traditional practices, with offenders liable not only for punishment, but also compensation for victim.13 The Constitution also prohibits human trafficking and bonded labour with penalty for perpetrator and compensation for the victim from the perpetrator.14 However, the Constitution does not stipulate concretely the elimination of these acts of violence and oppression against women that occur in direct or indirect setting in public or private domain. On the other hand, the Constitution recognises the right of victims of crime, which includes the right of women victims of violence, to be informed about the investigation and proceedings of the case regarding her victimization and guarantees justice, social rehabilitation and compensation for the first time in the constitutional history of Nepal.15

Legal Framework

Despite a relatively strong normative framework, violence against women and girls remains widespread in Nepal and

occurs with impunity. A study conducted in 2013 identified the key challenges to combating violence as gaps in

legislation and weak implementation of laws.16 In relation to rape, one of the major legal barriers to obtaining justice

is Nepal’s 35-day statutory limitation for filing reports of rape.17 Weak penalties for rape also impede women’s access

to justice. Most of the violence goes unreported. Nearly two in three women never told anyone about the violence

they faced. Principal reasons for non-reporting were high dependence on men due to women’s lack of education and

earnings and fear of social exclusion. Another major obstacle is women’s lack of awareness of rights and the social

stigma that discourages women from reporting violence and seeking redress. Survivors of conflict-related sexual

violence in Nepal are especially lacking in redress and services and there has been a failure by the authorities to

prosecute such cases.18 As well as being active participants in the conflict and perpetrators of violence for both the

Maoists and the Nepalese Security Forces, women suffered significant and varied harms, violence and abuse, including

sexual violence, as a result of the conflict including in its aftermath19. Some women were forced or compelled to enter

sex work and many were vulnerable to being trafficked20.

13 Article 38(3), Ibid. 14 Article 29(3), Ibid. 15 Article 21, Ibid. 16 UNFPA, UN Women, UK Aid, UCL, CRHEPA 2013 GBV Tracking Study

17 Human Rights Watch, Silenced and Forgotten: Survivors of Nepal’s Conflict-Era Sexual Violence, 2014 18 TRIAL et al, Written Information for the Consideration of Nepal’s Second Periodic Report by the Human Rights Committee, February 2014 19 Advocacy Forum, “Occasional Brief: Challenges to Redress Victims of SGBV in Nepal” (2013), p. 1-2 SAATHI, “Sexual and Gender Based Violence during Conflict and Transitional Period: Jhapa and Morang Districts: A Research” (2009), p. 8; Across the Lines Report, p.12; UNICEF and UNFPA “Evaluation Report: Ensuring Recognition of Secual violence as a Tool of Conflilct in the Nepal Peace-Building Process through Documentation and Provision of Comprehensive Services to Women and Girl Survivors” (2012). p. 2. Across The Lines Report, p. 7. 20 WOREC, “Violence against Women in Nepal: A Complex and Invisible Reality (2006), p.3

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Patriarchal Norms and Structural Gender Inequality

At a more fundamental level, violence against women and girls persists because of structural gender inequality and

discrimination. The 2014 Gender Inequality Index (GII) places Nepal 98th (with value 0.479) on the index. According to

the GII, the maternal mortality ratio is 170 (2010 figures), the adolescent birth rate 73.7 (2010/2015 figures), the

share of women’s representation in parliament 33.2% (2013 prior to elections), female population with at least some

secondary school education 17.9% (2005-2012 figures), female labour force participation 54.3% (2012 figures). The

2014 Gender Development Index (GDI) ranks the country on place 102nd (with value 0.912). According to the GDI,

women’s life expectancy at birth is 69.6 years (2013 figures), women’s mean years of schooling 2.4 (2002-2012),

expected years of schooling 12.5 (2000-2012 figures), and their estimated gross national income per capita USD 1,857

(2013 with 2011 PPP$).21 Notably gender inequality is shaped by deeply engrained socially constructed gender norms

and expectations concerning the roles and behaviours of girls, women, boys and men. Social practices and norms at

the household level are major factors in discrimination against and the marginalisation of women, and they cannot

be eliminated by ending legal discrimination alone. Patriarchy is the root informal institution that has disadvantaged

women across all ethnic/caste groups and classes even though its impact varies across caste, religious and ethnic

groups. It may be sustained by aspects of religion, kinship, political system, social structures, and men’s control over

property (land, house etc.), income and women’s labor22. Hegemonic masculinity has been conceptualised as norms

and institutions that seek to maintain certain men and boys’ authority over women and girls and over subordinate

masculinities, and thus becomes naturalised through socio-cultural hierarchies and mediums, as well as through

violence and force (Connell 200523). A recent joint study “Nepali Masculinities and Gender-based Violence”24 (2014)

by the United Nations Development Programme (UNDP) and the Men Engage Alliance in Nepal found that while Nepal

has a strong legal framework on criminalisation of gender-based violence, the patriarchal social structure and the

justice system cause challenges for victims opting for legal recourse. The study found that men witnessing violence

growing up have a higher degree of propensity to use violence as an adult, unless they have other positive, non-violent

role models of manhood. The majority of men, women and transgender people interviewed in the study believed that

men were by nature aggressive and polygamous. A very high proportion of Nepali men interviewed in a United

Nations Population Fund (UNFPA) 2014 study 25 displayed high masculinity norms and high acceptance of violence

against women - 70% men reported that a man needs to be tough and 44% believed that a woman deserves to be

beaten. 71% had ever used violence against their female partners and 40% had used violence in the last one year.

Nearly half of the men reported perpetrating emotional violence followed by physical violence.

Current contributions through Nepal’s UNDAF 2013-17

The UN System in Nepal is fully committed to support the Government of Nepal and civil society in concrete actions

to realise the rights of all women and girls, allowing them to live lives free of violence. A framework for realising such

commitments in Nepal is provided by the 57th session of the Commission on the Status of Women agreed conclusions,

the Secretary-General’s UNiTE to End Violence against Women campaign as well as Nepal’s United Nations

Development Assistance Framework (UNDAF 2013-2017), among other international and national normative

commitments. In light of the demographic dividend in Nepal, engaging the youth has been recognised as a particularly

important area of focus by the UNDAF.

Below are the current planned and achieved UN joint contributions to the elimination and prevention of all forms of

violence against women and girls in Nepal from the period of 2014-2016 under the current Nepal United Nations

21 The above data are from the United Nations Development Programme, Human Development Report 2014. Sustaining Human Progress: Reducing Vulnerabilities and Building Resilience 22 Lawoti, Mahendra (2010) “Informal Institutions and Exclusion in Democratic Nepal”, Himalaya, the Journal of the Association for Nepal and Himalayan Studies: Vol 28: No 1, Article 2, p. 30-31 23 Connell, R. W. (2005) “Globalization, imperialism, and masculinities”. In Handbook of studies on men & masculinities, edited by M. S. Kimmel, J. Hearn, and R. W. Connell. Thousand Oaks, CA: Sage 24http://www.np.undp.org/content/dam/nepal/docs/projects/UNDP_NP_AVRSCS_nepali_masculinities_and_gender-based_violence.pdf 25 UNFPA Nepal (2014) “Engaging Men and Boys, Communities and Parents to End Violence against Women, Child Marriage and Other Harmful Practices in Nepal”

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Development Assistance Framework (UNDAF) period 2013-201726 (based on information as of 3rd April 2015)

categorised into the following 4 key strategic focus areas as per the conclusions of the 57th Commission on the Status

of Women: 1) strengthened accountability of legal and policy frameworks, 2) Multi-sectoral services, programmes

and responses to violence against women and girls strengthened, 3) Structural and underlying causes and risk factors

so as to prevent violence against women and girls addressed and 4) Evidence base on violence against women and

girls enhanced.

26 Based on Mapping of UN efforts in Nepal - 2014-2016: Follow up to the 57thSession of the Commission on the Status of Women (CSW) - Taking forward the agreed conclusions on the theme “elimination and prevention of all forms of violence against women”. Updated 3rd April 2015. Activities included are only those that meet the 57th session of CSW definition of “violence against women” as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women and girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. The Commission also notes the economic and social harm caused by such violence. This definition is also in accordance with the UN resolution A/RES/48/104 (1993).

Figure 1 Geographic Coverage of UN joint contributions to EVAWG in Nepal 2014-2016

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0

10

20

30

40

50

60

70

% Breakdown of focus areas of enhancing evidence base on

violence against women and girls

Strengthened accountability

of legal and policy

frameworks

Multi-sectoral services,

programmes and responses

to violence against

women and girls

strengthened

Structural and underlying causes and

risk factors so as to prevent

violence against

women and girls

addressed

Evidence base on violence

against women and

girls enhanced

% OF ACTIVITY COVERAGE PER STRATEGIC FOCUS AREA

16%

33%

12%

39% 0

10

20

30

40

50

60

70

% Breakdown of focus within strengthening accountability of legal and

policy frameworks

0

5

10

15

20

25

% Breakdown of focus areas of addressing structural and underlying causes and risk factors so as to prevent violence against women and girls

0

5

10

15

20

25

% Breakdown of focus areas of Strengthening multi-sectoral services, programmes and responses to violence against women and girls

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Below is the detailed overview of the UN joint contributions to EVAWG from the period 2014-2016 per district:

1. Strengthened accountability and implementation of legal and policy frameworks

Secretariat support: From 2014-2015, UN Women and UNFPA are jointly supporting the implementation of the UN

Commission on the Status of Women (CWS) Action points and serving as the Secretariat for the Ministry of Women

Children and Social Welfare (MoWCSW) to coordinate progress on the action points.

Costing and Monitoring frameworks: In 2014, UNDP conducted a study on the implementation status of laws related

to gender based violence, supported the Ministry of Law, Justice, Constituent Assembly and Parliamentary

Affairs (MoLJCAPA) to compile and publish the General Recommendations of the concerned Committees on the Bill

of Rights (Big Six Treaties) and developed guidelines and policies to monitor the human rights situation relating to

women's rights in Nepal. In 2014, The United Nations Children Fund (UNICEF) was monitoring local elections in terms

of the misuse of children and influenced manifestos of local political parties. From 2014-2015, UN Women was

supporting the development of a costing and monitoring framework for the implementation of EVAW legislation and

has so far developed a monitoring framework for the Domestic Violence Act and Regulation. In 2014-2016, the United

Nations Educational, Scientific and Cultural Organisation (UNESCO) is developing an independent mechanism for the

safety and free expression of journalists.

Review of bills, legislations and policies: From 2014-2016, the International Labour Organisation (ILO) is ensuring the

endorsement of a Gender Equality Policy for Employers by the Federation of Nepalese Chamber of Commerce and

Industry and a new labour laws/regulations which promote equal opportunity and non-discrimination of women at

the workplace. In 2014, UNDP organised interaction programmes among Constituent Assembly members,

professionals and civil society organisations to address gender equality and social inclusion issues including violence

against women through the new constitution, supporting the Women Caucus/ Constituent Assembly members with

conducting thematic discussions on major constitutional issues and their rights to be incorporated in the new

constitution and publishing a research paper on gender equality and social inclusion issues. From 2014-2016, UNFPA

and UN Women are conducting joint advocacy to address gaps in legislation related to survivors of sexual violence

(both from conflict period and currently). From 2014-2016, UNFPA is following-up on recommendations on the legal

policy brief from the Gender Based Violence tracking study, promoting the adaption of World Health Organisation

(WHO) guidelines and the development of National Clinical protocols and referral guidelines for management of

sexual violence cases. From 2014-2015, UNICEF is conducting reviews of various pending bills, such as the Criminal

Code (including from Justice for Children perspectives), Civil Code, Children’s Bill, Conflict-related Sexual Violence,

Anti-discrimination Bills, Sentencing Bill and the Domestic Violence Bill. Further in 2015, UNICEF is also promoting a

ban on corporal punishment and free and compulsory education in the Education Bill and quality of education in by-

laws. In 2014 UNICEF revised the mandate of national and local structures and functions responsible for protection –

based on Child Protection Mapping findings, and they are supporting the MOWCSW in formulating the National

Strategy for Ending Child Marriage. In 2014, United Nations Programme on HIV/AIDS (UNAIDS) conducted a review of

Nepal‘s legal frameworks and its impact on access to health, HIV prevention and treatment services for people living

with HIV and most-at-risk populations (MARPs). The International Organisation for Migration (IOM) is assisting the

government to develop a coherent policy to establish linkages between the foreign employments and counter

trafficking policies and legislations. From 2014-2016, UNESCO is supporting the government to achieve the goals of

Education For All.

Implementation plans: From 2014-2016, UNDP is developing a manual and modules on promoting affirmative action

in the work place against violence against women to be used to train a pool of trainers. From 2014-2016, UNICEF is

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assisting the Government to review the implementation of the new national action plan on Children and Child

Protection Implementation Plan and supporting the Government in developing the action plan for ending child

marriage based on the national strategy. From 2014-2016, UNICEF and UNFPA are strengthening Gender Based

Violence prevention and response within the Local Governance and Community Development Programme (LGCDP)

and on localising indicators within local governance. UNFPA supported the development of the clinical protocol on

rape which has now been approved by Ministry of Health and Population. In 2014, UNICEF advocated for the

integration of children’s rights in the new Constitution, including equal citizenship rights of women. From 2015-2016,

the United Nations High Commissioner for Refugees (UNHCR) is coordinating with Women and Child Development

Offices in Damak to prevent and respond to Sexual and Gender Based Violence faced by Bhutanese refugee women,

with a focus on domestic violence response.

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2. Multi-sectoral services, programmes and responses to violence against women and girls strengthened

Figure 2 Activity Map of Psycho-Social Support

Figure 3 Activity Map for Shelter, One-Stop Crisis Centres and Safe Houses

Figure 3 Activity Map of Judicial Response

Figure 4 Activity Map of Health Sector and Economic Empowerment Response

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Figure 5 Activity Map of Law Enforcement and Legal Aid

Figure 6 Activity Map of Awareness Raising

Figure 7 Activity Map of Education Response

Figure 8 Activity Map of Cross-cutting/Convergence Response

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3. Structural and underlying causes and risk factors so as to prevent violence against women and girls addressed:

Figure 10 Activity Map of Media Response

Figure 11 Activity Map of Working with Men and Boys + Religious and Interfaith Leaders

Figure 12 Activity Map of Work with Children, Adolescents and Youth Figure 13 Activity Map of Communication and Community Mobilisation

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4. Evidence base on violence against women and girls enhanced:

Figure 14 Activity Map of Data Systems Figure 15 Activity Map on Reviews, Assessments, Studies, Audits

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Recommendations for Improvements: Gaps and opportunities in the current and future UNDAF

in Nepal

1. Scaling up current efforts geographically and programmatically based on gap analysis

The geographical priority areas of UN supported EVAWG programming has mainly been the far western and the Terai region given that these have been identified as the UNDAF priority areas. In order to enable UN efforts to supporting the Government and Civil Society in Nepal in eliminating violence against women and girls in Nepal, the geographical coverage of the multi-sectoral services, programmes and responses needs to be expanded further to also reach the remaining region of Nepal. Some specific programmatic efforts focus on certain geographical areas (e.g. Law enforcement and legal aid efforts in the Terai region). Further district level assessment for expanded coverage is recommended for future UNDAF cycles. In terms of UN efforts to strengthen accountability and implementation of legal and policy frameworks, further contributions are needed in supporting costing and monitoring frameworks and implementation plans. Further, in terms of multi-sectoral services, programmes and responses, further efforts are needed in terms of strengthening judicial response, law enforcement, legal aid, economic empowerment and shelter provision. Further attention should be given to these to ensure a well-balanced collective UN response under the current UNDAF. The UN in Nepal has adopted a joint position on addressing conflict related sexual violence (CRSV) which calls for the acknowledgement and recognition of sexual violence survivors as Conflict Victims and Conflict Affected People and ensuring dedicated services for CRSV victims, including through strengthening existing services to reach them. So far a number of steps have already been taken including capacity development of government authorities on CRSV, a roundtable discussion on CRSV with key government stakeholders, a desk review on CRSV in Nepal completed by UN Women together with a compilation of international examples on recognition and acknowledgement, and IOM is implementing a mapping of CRSV issues. The UN is implementing numerous EVAWG programmes that could be modified, built on, and/or learned from for successful service delivery and enhanced access to justice to conflict related sexual violence survivors. The UNCT in Nepal is recommended to reassess its current efforts to EVAWG in Nepal in light of the broad definition of violence against women, as per the 57th session of CSW, as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women and girls, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. The Commission also notes the economic and social harm caused by such violence. This definition is also in accordance with the UN resolution A/RES/48/104 (1993). The UN in Nepal must further expand its efforts to EVAWG to also capture other non-physical kinds of violence, including psychological harm, deprivation of liberty and lack of recognition perpetuating gender inequality through the invisibility of women’s voices, needs and capacities. In terms of enhancing the evidence base on EVAWG, ongoing efforts including enhancing data collection and monitoring of gender-based violence in Nepal and assessing levels of access to justice need to be strengthened further. Further investment is needed in order to strengthen the evidence base on all aspects of EVAWG in Nepal.

2. Ensuring continuity of humanitarian response efforts through the reconstruction and Disaster Risk Reduction

efforts

Since 14 districts in the central region of Nepal were the most affected by the devastating 7.9 earthquake of 25th April

201527, increased attention needs to be given to the reported increase in the prevalence of violence against women and

girls in the aftermath of the earthquake in the 14 districts. The Humanitarian Sub-Cluster on Gender-based Violence

(GBV) has been coordinating UN efforts on GBV as a part of the humanitarian response including through: orientations

and training on GBV with humanitarian stakeholders and the security forces; GBV assessments; GBV referral

mechanisms; 93 female friendly spaces and multipurpose women centres, radio and leaflet messaging; post-rape

treatment kits; clinical management of rape (CMR) training to health workers; monitoring of displacement sites;

information centres; GBV Information Management System; established case referral mechanism from local, district

and to national level; awareness raising on GBV risks following the earthquake and where to seek support services;

27 Bhaktapur, Dhading, Dolakha, Gorkha, Kavrepalanchwok, Kathmandu, Lalitpur, Nuwakot, Ramechhap, Rasuwa, Sindhupalchwok, Makawanpur, Sindhuli and Okhaldhunga

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joint development of the Gender Based Violence Response Plan through Inter-Cluster Coordination; increase in

permanent services for GBV survivors in affected districts; GBV orientation through mobile health camps,

development of district Referral Directories for the most affected districts; development of checklists for the

Displacement Tracking Matrix (DTM); relocations and minimum site requirements to be used by CCCM

partners; training displacement site managers and enumerators in survivor centred referral and GBV basics. UNICEF

has supported the establishment of Gender Focal Points of the DEOs offices and of Girls’ Education and Gender Equity

Networks in schools in all 14 earthquake affected districts to monitor girls’ participation in education and school-

related gender based violence. These humanitarian efforts addressing the immediate needs to preventing and

responding to VAWG in the 14 affected districts need to continue into the longer-term humanitarian-development

continuum under both the current and future UNDAF cycles.

3. Strengthened Focus on Prevention including Working with Men and Boys

Working with men and boys is central to accelerate progress in preventing and ending violence against women and

girls, to begin to challenge the deeply rooted inequalities and social norms that perpetuate men’s control and power

over women and reinforce tolerance for violence against women and girls.28 It focuses on transforming discriminatory

social attitudes, norms and practices through sustained multi-faceted and mutually-reinforcing interventions that

tackle root causes, protective and risk factors.29 Working with men and boys is a particularly necessary and strategic

area of prevention work. It is a leading theme of the United Nations Secretary-General’s UNiTE to End Violence against

Women, and the focus of his Network of Men Leaders-initiative. The UNDP 2014 study found that while gender-based

violence (GBV) programmes in Nepal have made substantial progress in providing coordinated response to

victim/survivors of such violence, most prevention efforts have not actively employed gender-transformative

programming approaches – including those designed to target men as agents of change. The current community

activism initiatives targeting men have had a positive impact, but need to be combined with longer-term gender-

transformative interventions that include examination of gender identities in order to maximise impact. The study,

highlighting the importance of positive, non-violence models of manhood in reducing men’s propensity to use

violence, recommends that gender-based violence prevention programmes by NGOs, the UN and bilateral agencies

integrate components on masculinities and gender-transformative approaches. The study advises the donor

community to support programming that takes into account the specific need to work with men and boys in a more

comprehensive manner, and to advocate for the inclusion of men and boys in national agendas for promoting gender

equality and preventing and responding to gender-based violence. An enhanced focus on working with men and boys

to prevent VAWG in Nepal must be in line with the recommended policy areas and actions for engaging men and boys

in gender justice, endorsed by all active participants in the Global Symposium’s outcome document, the Delhi

Declaration and Call to Action:30

1. Take work with men and boys from the programme and project level into policies and institutions. 2. Promote gender-equitable socialisation. Reaching out to boys during their critically important formative

stage will contribute to realising a new generation of men with more positive behaviours toward women, children, men and trans-people.

3. Engage boys and men in the prevention of gender-based violence. 4. Engage men as fathers and caregivers and in taking equal responsibility for unpaid care work. 5. Engage men as supportive partners, clients and positive agents of change in sexual and reproductive health

and rights.

28 http://www.unwomen.org/en/what-we-do/ending-violence-against-women/prevention 30 http://menengage.org/resources/delhi-declaration-call-action/ See also UN Women brief of the Global Symposium available at http://menengage.org/wp-content/uploads/2014/12/Global-Symposium-brief.pdf

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An example reflecting the above strategic understanding is the joint-agency initiative ‘Partners for Prevention’ (P4P)31

of UN Women, UNDP, UNFPA and United Nations Volunteers, which focuses on men and boys in Asia. The P4P

initiative is built on an understanding, recognised in the Declaration on the Elimination of Violence against Women,

that “[p]reventing violence requires the sustained involvement of socializing institutions at the community and state

levels, including schools, faith-based organizations, media and popular culture” and that the “elimination of harmful

gender norms and practices can only be achieved through the engagement of men and boys.”32 The Men Engage

Alliance Strategy in Nepal, which is being revised with technical support from UN Women, has as its goal that “boys

and Men, along with women, girls and other gender from various settings promote gender equality and adopt more

equitable attitudes and behaviors to end Gender Based Violence and attain their rights”. Furthermore, the

Government is supporting the establishment of the Men Leaders Network in Nepal – a network of men leaders who

actively advocate for adequate laws on ending violence against women and girls and their implementation and to

raise public awareness on the negative impacts of such violence not only on women, but also on men, their families,

communities and society at large. Notably, education is a key preventive measure for gender based violence, in

particular school related gender based violence. Developing and utilising educational contents and practices that

promote gender equality, respect and tolerance, including through non-discriminatory gender norms, is necessary so

that students learn how to refrain or protect themselves and others from gender based violence. Teachers also play

a key role in preventing or addressing school related gender based violence (SRGBV). For that, they need to acquire

relevant knowledge, skills and behaviour to prevent and address SRGBV and promote gender equality in the

classroom. It is vital to continue and scale up current efforts at addressing gender based violence in schools and using

education as a tool for prevention.

4. Strengthen UN Coordination between UN agencies including through joint programming

Coordination and coherence between UN agencies in their efforts to ending violence against women and girls in Nepal

needs to be strengthened further. This is crucial to ensuring that agencies are not working in silos and avoiding

duplication of efforts both thematically and geographically. Coordination on EVAWG joint programming needs to be

further integrated into existing inter-agency coordination mechanisms including under the Nepal UNDAF. In addition,

inter-ministerial coordination and coherence is vital to further strengthen collective efforts to ending gender-based

violence in Nepal. The Nepal United Nations Country Team (UNCT) Gender-Theme Group recommends the design

and development of large-scale UN joint programming on ending violence against women and girls combining current

good practices and lessons learned within all current multi-sectoral services, programmes, responses and prevention,

including the recommendations listed above. This will enable the UNCT in Nepal to continue be fit for purpose to

deliver the Nepal UNDAF 2013-17 and future UNDAF cycles in the new context of the Sustainable Development Goals,

including the explicit Sustainable Development Goals (SDGs) target under SDG 5 to end all forms of violence against

women and girls. To enable such a joint-programming joint resource mobilisation should be utilised.

31 http://www.partners4prevention.org 32 Partners for Prevention, “Why do some men use violence against women and how can we prevent it? Quantitative findings from the United Nations multi-country study on men and Violence in Asia and the Pacific”, September 2013, available at http://www.partners4prevention.org/about-prevention/research/men-and-violence-study