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LE OF CONTEN

erns of Enforceppearance

le of Victims anpondents

nomic Impact orced Disappea

al Impact of Enppearance

ernment’s LegaResponses to ppearances

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act and ChallenRP for Wives oeared

clusions and ommendations

dressing the

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dressing tthe Disapp

pal’s internal arations and thenforced disappce Agreementppeared copinnt has the goparticular chal

derlying these gnized in Jun

er to sustain thce or the “rigms and theirudes the inalied ones and fo

dings from earus primarily oman rights dginalization anuld be taken terstand the im

pal and responmen, research

orced disappearanermined. See Humcontinuous crime),

reme Court of Nee Affairs and other80 (June 2007).

UN Commission gh Action to Comb

ICTJ, “From Relieines: The Impact nciliation, Reparati

m October 2012 toya, Dang, Dhadinahat, Rolpa, Sirahaced disappearanceprincipally quantitapeared respondeder surveyed. Furthe, Bardiya (2 FGDrity of the 32 reseadhary, Bhagiram CRasaili, Indira Gyaw

Relief

the Rightspeared

rmed conflict ir family mempearance. Neat (November ng with the povernment’s Inllenges that the

questions are ne 2007, survihemselves on ght to remedyr families. Foenable right tor those respon

rlier research n bodily harmdimensions tnd poverty.4 Ato ensure thampact of enfond to the queamong these

nce is considered aman Rights Counci

U.N. Doc. A/HRC/

pal, Rabindra Prars, habeas corpus

on Human Rightsbat Impunity. UN D

ef to Reparations: of Nepal’s Confli

ions, and the Tran

o January 2013, ICng, Jhapa, Kailali,a, Sunsari, Surkhee. While the samplative, nonethelessd to the survey. Pher, 13 focus groupDs), Dang, Dhadinarchers were conflicChaudhary, Bina Cwali, Kalpana Pou

s and Need

(1996–2006) cmbers, among warly seven yea2006) key qu

prolonged uncnterim Relief ese women fa

two importanivors and famtheir “long roy” for seriousr the familieso know the trnsible to be pr

already pointems, which, ththat affect

As a result, stuat women’s neorced disappeestions abovewomen in 20

a “continuing” humil, 16th Session, P/16/48, January 26

asad Dhakal on bewrit No. 3575, 10

, Updated Set of PDoc. E/CN/4/2005/1

Listening to the Vict on Women” (2sition in Nepal” (20

CTJ conducted a s Kanchanpur, Ka

et and Tanahu. Thle was not constru

s in the course Participants in Bardp discussions (FGng, Kailali, Kanchact victims and in s

Chaudhary, Binay Kudel, Kashi Ram D

ds of Nepa

continues to imwhom are mars on from thuestions remacertainty of thand Rehabilitce?

nt principles. mily members oad to justice” s crimes undes of victims ruth about throsecuted and

ed to the fact hough critical,

women, incudies often neeeds are addrearances on the, ICTJ underNepali distric

man rights violationaragraph 39 (Gen6, 2011.

ehalf of Rajendra D00 and 27 other pe

Principles for the P102/Add.1, Februa

oices of Victims” (2010); ICTJ, “Nep008).

survey with 462 wiapilbastu, Kaski, Khe districts were chucted to be statisticof the research diya (131) and RoDs) were conducte

anpur, Kapilbastu, ome cases relativeKattel, Bipin Gauta

Dangi, Lila Devi Ta

al’s Wives

mpact survivoany hundreds he signing of tain. How arehis ongoing vtation Program

First, as Nepahave a right for conflict-e

er internationaof enforced e fate and whtried.3

that most hucan miss ma

cluding their eglect to recomessed. In an ehe wives of trtook, with thts.5

n until the fate or weral comment on e

Dhakal v. Governmetitions, June 1, 20

Protection and Proary 8, 2005.

2011); Advocacy Fpali Voices: Perce

ves of the disappeKathmandu, Kavrehosen on the basiscally representativeapproximately on

olpa (81) represened in 12 of the 20 Kavre, Rolpa, Sir

es of the disappeaam, Chandra Kala amang, Mangala D

ors of human rof wives of vithe Comprehee the wives oviolation?1 To m (IRP) addr

al's Supreme Cto interim relra crimes.2 Seal law is a rigdisappearance

hereabouts of

uman rights reany of the bro

vulnerabilitymmend what endeavor to bthe disappearhe support of

whereabouts of theenforced disappea

ment of Nepal Min007. SC Bulletin, S

omotion of Human

Forum and ICTJ, “eptions of Truth, J

eared in Baglung, e, Morang, Nawas of reported incide, because the focne-third of wives nt nearly half of thsurvey districts (Baraha, and Surkhetared. They were: AUpreti, Durga Dev

DC, Mathura Panta

1

rights ictims ensive of the

what ressed

Court lief in cond,

ght of e this f their

eports oader ty to steps

better red in f UN

e victim arances

nistry of Special

Rights

“Across Justice,

Banke, lparasi,

dents of cus was

of the he total aglung, t). The Archana vi Karki, a, Maya

Beyo

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ond Relief: Add

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ors and Contri

Tyynela is a Cer with experiening with the UOs on human rncing post-confm in transitiona

worked in Nepal.

a Withers is ICciate and head oal.

ina Bajracharyram officer for

briefing paper indings of resea

hma Thapa, foram officer at Ithe support of nal, program as-Nepal, and a tresearchers thaict victims and

dressing the

of Nepal’s

peared

butors

Canadian nce of

UN and rights and flict justice al contexts. l from 2006–

CTJ’s senior of office for

ya is senior ICTJ-Nepal.

is based on arch led by ormer senior CTJ-Nepal, Bhupendra

ssociate at eam of 32

at included their families.

The the uhas hof theconthe wuncetheir The husbincoexachusbdisap Sociaconsthrounormfacedvulnby n The the Ihaveskills“con The Howsociathemmeasinterto ho In timm

GurunBhattaPaswainstitu6 The victim7 Prevfor vicbeneftortureinitiallyand ein Nepthe In(2010

research reinfunresolved pahappened to the daily expernomic, social, wives of the ertainty about r husband’s fat

majority of wbands. Havingme, and in m

cerbated by theband were deappeared—a sit

al and culturasidered fully wugh enforced

ms that lead tod social pres

nerability has alneighbors, mem

wives of the IRP, first estabe received a ras training. In nflict affected

majority of wever, the maial and cultura

m the opportusures, ideally rnational normold to account

the meantimemediately impro

Ensuring reexample throdisappearancconsequencesinheritance ri

ng, Muna Shrestha, Poonam Sijapaan, Shantona Rok

ution, Blitz, compile

guidelines for the s who have suffere

vious reports by ICctims. However, thfits, of vulnerabilitye victims from reliey in lower benefits

evaluation. See, forpal” (2010); Internaterim Relief and R

0); ICTJ, “From Rel

forced the impain of the enfotheir husbandrience of wivand cultural hdisappeared what happente is unknown

women were g lost the solmany cases me fact that lanad or not phystuation that ha

al pressures alwidows, or wi

disappearanco isolation, msure to declalso been accommbers of the br

disappeared hblished by the ange of benefithe process opersons,”6 for

the research inly financial bal difficulties tunity to rebuilas part of a

ms, efforts to t individuals re

e, however, thove the situati

cognition beough the issuae” which wos to wives ofights, and the

ha, Nanda Shresthati, Radhika Sapkokka, Shree Kumared and processed t

IRP use the term ed human rights v

CTJ and others hahey also found iney in the process toef, the unfair distin

s for the former, arr example, Advocaational Organizatio

Rehabilitation Proglief to Reparations

portance of trorced disappeads. This is the ves of the disahardships. Whthere are add

ned to their hun and their leg

found to bele breadwinne

manage upturnnd or other prosically presentas no legal sta

lso result fromives, or divore, in other w

marginalization,are their husbmpanied by varoader commu

have not, howGovernment

fits, including of being designr which these

respondents benefits providthat are specifld their lives. comprehensiestablish the esponsible for

here are seveion of the wiv

efore the lawance of a “deuld also havef victims, inclmanagement

ha, Nanda Ram ota, Ram Kumar Bri Rokka, Tulsi Bhthe quantitative su

“conflict-affected iolations.

ave noted that the equality and unfairno political influencnction between wivrbitrary limitations acy Forum, “Discrion for Migration, “Rgramme: Interim R: Listening to the V

ruth and justicarance and thepersistent bacappeared. Th

hile such hardsded dimensionusbands and aral status is und

e worse off ser, they have

ned lives. Thisoperty to whict cannot be obatus under Nep

m a situation rced from the

words, is made, and vulnerabband decease

arying degrees unity, and pub

wever, been ent in 2007, they cash paymentned is a progrwomen may a

perceived a pded to them dfic to these wResponding t

ive reparationfate and wherr such acts sho

eral practical es of the disap

w of victims oeclaration of e the effect oluding in relaof property.

Budha, Nanda RaBhandari, Rupesh attari, and Yama

urvey results.

persons,” which do

rapid provision ofness among conflce and manipulatioves of the disappeon education schomination and Irreg

Report on MappingRelief and RehabilitVoices of Victims”

ce: common toe continued deckdrop shapinese experiencship is not unns that relate re directly linkdefined.

ince the disaphad to adap

s already precch they wouldbtained becaupali law.

in which theeir husbands. e worse in mability to other ed and to reof discriminati

blic officials, an

ntirely withouare entitled to

ts, scholarshipram for psychalso be eligible

positive impado not addresswomen, whichto these harm

ns program. Inreabouts of thould also be ac

measures thappeared. Thes

of enforced dabsence by r

of addressing ation to the s

am Poudel, NiranShah, Sabitri Kha

Kumari Dhakal, A

oes not explicitly re

f relief through theict victims in their on, the inexplicabeared and wives oolarships, and a lagularities: The Paing Exercise and Pretation to Victims of(2011).

o all respondeesire to know ng all other asces include chnusual in Nepa

specifically tked to the fac

ppearance of pt, find sourccarious situatid be entitled ifuse their husba

ese women arTheir victimizany cases by harms. Manymarry. This

tion and harassnd social exclus

t assistance. Uo and in most ps for childrenhosocial suppoe.

ct from the s broader econh continue to

ms requires tarn accordance he disappearedccelerated.

at, if taken, e include:

isappearancreason of enfo

some of the status of mar

njan Chaudhary, Nadka, Seema Oli,

A social science re

ecognize beneficia

e IRP has been imexperience of accle exclusion of raof the deceased reck of targeted monful Tale of Interimeliminary Gap Anaf Nepal’s Armed C

2

ents is what

spects hronic al, for o the

ct that

f their ces of ion is f their and is

re not zation social

y have social sment sion.

Under cases

n, and ort to

IRP.7 nomic,

deny rgeted

with d and

could

e, for orced legal

rriage,

Nirmala

Shanti esearch

aries as

mportant cessing pe and esulting nitoring

m Relief alysis of Conflict”

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Patt Enfocom30,00humComhumCatethey unacdisap The follothe Mwell majoEnfowithcomtheirthendisap

8AccePersoRomeoffencConveauthopoliticaddre9 OHC10 Figu3,868 “missihttp://wRehabbeen 11 The12 Thenumbof the 13 ReAdden14 TheParty

Prioritizing established leto declare the

Expediting other victimfuture reparawith victims o

Strengthenindiscriminativictim consulthem to ensu

terns of Enf

orced disappemmitted during

00 documentsman rights orgmmissioner formanitarian law egorized by th

include 3,400ccounted for,ppearance.10

number of eowing the depMaoists, with as the Kathm

ority of repororced and Inv

h the Maoists mmonly the milr family or lawn Communist ppearances fo

epted definitions ofons from Enforced e Statute of the Ince contained in boention, the condurization, support, o

cal organization. Fessed.

CHR, “Nepal Confl

ures on the numbereports regarding

ing.” See Nepal Rwww.icrc.org/eng/abilitation Unit (RRUregistered under th

e Royal Nepal Arm

e UN Working Groer of new disappeWorking Group on

port of the Workndum, Mission to N

e Communist Partyof Nepal (Maoist)

access to lanegal interests ie disappeared

the issuancems of human rations programon the policy

ng ministeion in accessltation on and

ure their respo

forced Disap

earances wereg Nepal's 10-ys and cases froganizations anr Human Rigor human ri

he type of viol0 reports of in, the majorit

enforced disapployment of th

most cases linmandu Valley.1ted cases. Ac

voluntary Disawere typicall

litary) and takwyers and frequ

Party of Neollowing abd

f enforced disappeDisappearances

nternational Criminoth are an apprect is carried out or acquiescence oFor the purposes

ict Report” (2012),

er of enforced disag the disappearanRed Cross Societyassets/files/2012/mU) of the Ministry he IRP. Figures pr

my was renamed th

oup on Enforced oarances two consen Enforced or Invo

ing Group on EnNepal, UN Doc. E/

y of Nepal (Maoist(UCPN (Maoist)).

nd title by win ancestral prperson as dec

e of identity rights violatims, and goverand its admin

erial coordsing governmd participation

onsiveness to v

ppearance

e among theyear armed coom the Nationd its own i

ghts estimates ights law maylation commit

ndividuals whoty of which

ppearances clhe Royal Nepnked to incide12 The state isccording to a appearances (Wly arrested fro

ken to army bauently subjectepal (Maoist) duction, inclu

earance are includConvention (Disap

nal Court (Rome Shension followed by agents of the

of the state. Under of this report, vio

, www.ohchr.org/E

appearances vary.nce of a relative iy and ICRC, “Mismissing-persons-neof Peace and Rec

rovided by RRU to

he “Nepal Army” in

or Involuntary Disaecutive years (200oluntary Disappear

nforced and Involu/CN.4/2005/65/Add

t) (CPN (Maoist)) For the purpose o

wives of the droperty withouceased.

cards for famions as a mearnment servicnistration.

dination tment programn in any progvictim needs a

e most widesonflict.8 Based

onal Human Rinvestigations,that 9,000 se

y have been tted by both so went missin

are believed

limbed dramapal Army (RNents in the mid alleged to ha2004 report b

WGEID), indiom their homarracks where ed to torture a(CPN (Maoi

uding of civi

ded in the Internappearance ConveStatute) as a crimby denial of that state or by perso

r the Rome Statuteolations committe

EN/Countries/AsiaR

The International n relation to the csing Persons In Nepal-2012-english.construction,1,517 ICTJ, April 2013.

2006.

appearances repo03 and 2004). See rances, UN Doc. E

untary Disappearad.1. January 28, 20

later became, andof this report the na

disappeared ut requiring th

milies of the ns of facilitati

ces, while taki

to preventms and servicgrams that havand aspiration

spread humand on a review

Rights Commi, the UN Oerious violatiocommitted d

state and nonng.9 Of these, d to be vic

atically betweeNA)11 in Nove

d-western andave been respoby the UN Wividuals suspe

mes by securitthey were heldand ill-treatmeist)),14 was alilians who t

ational Conventionntion) as an autone against humaniapprehension. U

ons or groups of e the conduct mayd by both state a

Region/Pages/Nep

Committee of theconflict, of which Nepal, Updated L.pdf. According

7 families of victim

orted Nepal as theUN Commission o

E/CN.4/2005/65, De

ances to the Hum005.

d currently is knowame CPN (Maoist)

in order to she wife or rela

disappeareding access to ring care to co

t gender-bces, and ensve implicationns.

n rights violaw of approximssion (NHRCffice of the

ons of internatduring the conn-state perpetrsome 1,400 re

ctims of enfo

en 2002 and ember 2001 agd central regiononsible for theWorking Grouected of associty personnel (d without acceent.13 Howeveso responsiblthey suspecte

n for the Protectionnomous crime andty. Core elementsnder the Disappepersons acting w

y also be carried oand nonstate acto

palConflict Report.a

e Red Cross has reit reports that 1,4ist 2012” (August

to the Relies of disappearanc

country with the on Human Rights, ecember 23, 2004

man Rights Comm

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ried when they

se to 42% of band’s disapperemarried at thondents were

% were engagedr (wage labor sehold labor/d

mber of a polited to CPN (M

pondents identr husbands in 1e unable to idetified CPN (Mtutionally identsari (50%), Jha8%), Dang (6petrators, 40% rs directly refer

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h security forces archives, 219CPN (Maoist

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d in agriculturer typically includomestic help)tical party, withaoist) in Rolpa

tified members11% of cases. entify the resp

Maoist) as respotified perpetratapa (50%), K69%), and Dh(of the 81 resprred to the RNar Samiti (Villa

hts Commission, “Son NHRC website,

on with ICRC, July

er%

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pondents

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were between6% were betwsurvey. When

nd 30 years olde, 32.3% in somudes paid agr). Respondenth the majority a, 61% in Bard

s of the CPN State responsi

ponsible instituonsible. The Rtors (state and

Kathmandu (53hading (72.7%pondents) used

NA (34.6%), Neage Defence C

Summary Report o, hard copy in ICTJ

10, 2013.

Aged20‐3042%

entatrance

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bandatarance

According to amount to enfo

vered by this t occurred ousing in Nepal ent missing.16

n the ages of ween 31 and 40n disappeared, d (41.8%) or bme form of poricultural laborts identified 46y (79%) linked diya, and 87.5%

(Maoist) as resibility was attri

ution. In SurkhRNA is identifid non-state), wi3.3%), Kavre %). In Rolpa, d the word stateepal Police (12

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are male and

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% in Kathman

sponsible for thibuted in 80%het, 54.5% of fied as respons

with higher leve(53.3%), Bankwhen asked

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husbands of thd 40 (35.7%). and 25.3% in

n, factory labo462) of victimoist), includingndu.

he disappearan of cases, and the 11 respon

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about respohe perpetrator, Armed Police responsible fo

rances in Nepal,” (

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17 Durwith thalert tpromoknownKapilv18 Da“untouindige(2006Summ19 Sanongoare de20 This21 Gov3, http

ppearance in 1% of disappear

the intervieweation in local described Hin

Dalit (10.1%, fome cases, by

e in five respothose with somrespondents

anization, inclngs groups (42heir husband.

esponse to a qter independe

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s than 3% idstion.

onomic Impa

just over 73%ppearance. 20

eadwinner” foe children. Wently include: he kitchen (92er and fuel (60

462 survey pppearance wirter of respons proportion of Nepalis re

nth.21 The resonic need.

ring the early yearshe tacit approval the nearest policeote the use of untn later in the confvastu, were reporte

lits, at the bottomuchable.” The Braenous groups. See6), 3-6, http://smaryReport-part1.p

aving groups existovernmental organesigned to encoura

s national average

vernment of Nepap://cbs.gov.np/wp-c

1.1% of all carances in Kapil

d women, 90%cultural belie

ndu populationfrom both Hilplace, from th

ondents had some education,(or 65.6%) reluding conflic2.2%).19 Of th

question abouence (66.3%), tence (35%). O

ganization meey. A quarter odentified with

act of Enforc

% of the wive Over 70%

or their familyWhile there are

caring for chi2%), laboring 0–70%).

participants wth regard to wndents recall increases to port not haviponses to oth

s of the conflict puof government. Th

e station in the evtrained civilian to sflict as “Pratikar Sedly trained and ar

m of Nepali caste hman (priests) ane DIFID and Worsiteresources.worlpdf

t in most communizations or governage regular saving

e accurately reflect

l, Central Bureau ocontent/uploads/20

ases (across dilvastu (i.e., 5 of

% described tfs and practicn. With respell and Tarai), Jhe Tarai (38.1%

ome level of e, 39% still coneported membct victim grouhese, about 90

ut the benefitsfighting for

Only 8% of 4etings. Aboutf respondentsother parties

ced Disappe

s, their husbaof the resp

y after the dise variations bildren (60.4%)in the fields (

were asked towhether the fnot having “70% after thing enough toher survey qu

blic security commhese committees vent of an activity serve as proxy foamiti” or retaliatiormed by state secu

hierarchy, refers d Chhetri (rulers orld Bank, “Unequadbank.org/EXTSO

unities, in some nment entities, like g and provide loans

s the experience in

of Statistics, “Nepa012/02/Statistical_

istricts), contraf 13 disappeara

themselves as ces that shapeect to caste, reJanajati (23.4%%).18

education, fornsidered thembership of a cups (58.7%), % joined thes

s of civic partjustice regard

462 respondent 60% stated ts said they wes and 1 in 10

earance

and had been pondents viewsappearance, wby district, da), caring for e(54.3%), tendi

o compare thfamily had “en“enough foo

he disappearao eat one or muestions affirm

mittees were formewere responsible by a member of

rces against the Cn or defense comurity forces.See, O

to all occupationor warriors) are at al Citizens. Gende

OCIALDEV/Resour

cases initiated bythe Women and C

s to members.

n Bardiya and Rolp

al Living Standards_Report_Vol2.pdf

asting with thances).17

“Hindu,” bute the responsespondents de%), Brahmin C

rmal (20%) ormselves illiterat

ivil society orwomen’s gro

se groups after

ticipation, respding the enfornts reported anthat they had ere affiliated w0 preferred n

the sole breadwed themselwith the majoaily responsibielderly relativeing cattle (63.9

he period befnough food.”d” prior to t

ance. Nationamore times dum a shift tow

ed as anti-Maoist vfor appointing gua

f the CPN (MaoistCPN (Maoist) fore

mmittees, which in OHCHR, “Nepal Co

nal caste groups cthe top of the hie

er, Caste and Ethrces/3177394-1168

y the community Children Developm

pa, with higher figu

s Survey 2010/11

heir responsibil

t there is impoes even withi

escribed themsChhetri (26.2%

r informal (41te. Over 300 or community-boups (49.2%)r the disappea

pondents reporced disappeany “restrictionno affiliation

with Maoist panot to answer

dwinner beforlves as the ority having oilities in the hs (24.7%), wo9%), and gath

fore and afte” Slightly ovethe disappearally, approximuring the prev

wards situatio

vigilantes in some dards who were mt). These early ef

eshadowed what bsome districts, in

onflict Report” (201

considered “impurerarchy. Janajati rehnic Exclusion in 8615404141/Nepa

itself and in othment Offices. Such

ures in other distric

Vol II” (November

5

lity in

ortant in the selves %), or

.1%). of the based , and

arance

orted: arance ns” to n with arties. r this

re his main ne to home

orking hering

er the r one

rance. mately vious ns of

districts eant to

fforts to became ncluding

2), 41.

re” and efers to Nepal”

alGSEA

hers by groups

cts.

r 2011),

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dressing the

of Nepal’s

peared

Agridisapcom64%wage1,0003,000a rea

Befo(inclin-lathe dthe ndynathe rthe rrespo Acc

Landthe swher

22 In compageneremplo23 TheNepal24 Use

iculture was thppearance, 3

mbining agricul% reported som

e labor (31.6%0 NRs per m0 NRs (approality for many

When mto the baThe banavoid lopayment

-

ore the disappluding parentsaw). The otherdisappearancenumber of wamics related wrespondents reresidence wasondents were

ess or Title t

My husbhis fatheaway. Thneed a doffice wcredit fro

-

d use and ownsurvey. The prre they do ow

Bardiya, 83.2% ofarative figures forrating activity. Theoyment in Kathman

e national poverty l, 2013–2017, http

e of a kitchen repre

NotEnoughFood30%

FoBefore

he principal so7% of resplture (66.9%) me kind of inc%).22 Almost

month (approxoximately USD

of these wom

my husband wasank. After he d

nk published a nsing everythingt. There should

- Interviewed W

pearance, 56% -in-law, somer 44% were lie, residence w

women living awith these chaeported ownes owned by otrenting their l

to Land

band was the oner’s name. Nowhe VDC [Villadeath certificat

would not transom the bank to

- Interviewed W

nership, whichroportion of wwn land, the

f 131 respondentsr Rolpa are 24.7%e comparative figundu’s service secto

line for Nepal is U://un.org.np/sites/d

esents a tacit partit

oodSecurityeDisappear

ource of livelihpondents werand wage labocome-generatione-third of

ximately USD D $33) per momen.

s disappeared, odisappeared, I conotice. I had tog. The bank thd be a way to he

Wife, Kavre Dis

of respondentimes male in-iving separatel

with the husbaas a “single fanges are exp

ership of their thers (usually lodgings.

nly child in his w they [father anage Developmete for my husbsfer the land too keep running

Wife, Banke Dis

h has a signifwomen with c

size of the h

s reported income

% and 55%. This ures for Kathmandor (61.9%).

USD $230 a year.default/files/UNDAF

tion of property, alt

EnoughFood70%

yrance

hood for mostre involved or (45%). In cing activity, mthese individ$11). Only h

nth.23 With su

our land and hould not keep u

o take another len refused to gelp wives in my

strict, Decembe

nts were living-laws and theily (meaning, u

and’s family drfamily” rises fplored in the n

current homerelatives or fr

family. His lannd mother-in-laent Committee]band. Otherwio me. Without my husband’s

strict, Decembe

ficant impact oontrol over laholdings tend

e generating, the means that 75.3%

du are 70% and 9

. See UN DevelopF_2013-2017.pdf

though it may not

NotEnoughFood70%

FAfte

t survey particin income-g

contrast, after mainly in agricduals reportedhalf reported uch low earnin

ouse were morup with the payloan from relatgive me anothey situation.

er 31, 2012

g with the husir families, andusing a separarops from 56from 44% to next section. Oe, while about friends). A sm

nds were registeaw] have both ] Secretary toldise, the land re

the land, I cashop.

er 4, 2012

on livelihoodsand holdings inds to be smal

great majority in % of wives in Ro9.5%, with most in

pment Assistance

be registered form

FoodSecurierDisappea

cipants. Prior tgenerating ac

the disappearulture (55.4%

d earning less earning more

ngs, indebtedn

rtgaged yments. tives to er loan

sband’s joint fd unmarried siate kitchen).24

% to 21.2%, 65.2%. The

On average, h40% reported

maller percenta

ered in passed d me I evenue an’t get

s, was measurn Nepal is lowller than that

agriculture (78.9%olpa reported no inncome earners re

Framework (UND

mally.

EnoughFood30%

ityrance

6

to the tivity, rance,

%) and than

e than ness is

family isters-After while social

half of d that age of

red in w and, t held

%). The ncome-eporting

DAF) for

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ond Relief: Add

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es of the Disapp

dressing the

of Nepal’s

peared

by mrequadju Undany ccan husbdisaphusbby thyearsenfothe f Surventitout undetitle repre Furtor pThisof ladisapof anwivethemcases

Soc TradNegafromis extacit the Rese

25 AccNepal26 Evidwheththose shifted

men.25 In addituired as collatest to new econ

der Nepali inhchildren have also be partit

band/father, appeared, withoband, land andhe so-called 12s can be presu

orced disappeafate of their hu

vey data confirtled underminof 462) had aer inheritance (which had besents only 14

ther complicatpartitioned ams was the case and inheritanceppeared. In a ncestral land

es of the disam to claim it fs tension, with

When malways thimproveThroughinto my to. Thosthese dasuffered the kind

-

cial Impact o

ditional culturaative aspects o

m her family anxpected to sur

acceptance omale family l

earch in South

cording to figures l: Problems and Pr

dence Act 2031 (1her a person is aliv

who would naturad to the person wh

tion to provideral for loansnomic hardshi

heritance law, a right to all o

tioned amongalthough in praout proof of d other proper2-year rule, whumed to be darances, as a pusband is dete

rmed that wones their econoa reasonable elaws. Howeve

been most oft4.5% of the 39

ting land inhemong co-inheri

for just over oe. In some of few exceptionto the wife appeared, acce

from their fathh their husban

my husband wahought if I ha

e my children’s h my own struname. I feel m

se who were nays. It makes m

due to lack of of problem th

- Interviewed W

of Enforced

al practices prof these traditind hence her prrender contro

of multiple wivline by encouh Asia demon

from a 2001 gove

rospects” (2008), w

1974), Section 32,ve or dead, it is pally have heard of ho affirms it.”

ding a source os, which are oips.

on the death of the decease

g a husband, wactice this is ntheir husbandrty cannot be hereby someoead.26 Howevpresumption oermined.

omen’s lack ofomic and sociaexpectation oer, in total, justen acquired b94 respondent

eritance is wheitors, from faone quarter of

f these cases, lanal cases, the fafter the disapessing the landher-in-law, adnd's family.

as disappearedad my husband

life. But my buggle, I managmore confident not ready to heme think how f property. Therat I faced.

Wife, Nawalpara

Disappeara

ofoundly shapions include doproperty; howol of these reves), and leviruraging a bronstrates that s

ernment survey qwomen in Nepal co

“Burden of provinroved that such pehim/her if he/she

of income andoften needed

of a husbanded’s property, wife, and chil

not as commond’s death and

officially tranone who has bver, this provisof death is un

f formal title tal security. Off receiving a st 57 respondebefore the dists with some e

ether land hadather to son pf the 394 respand titles inclufather-in-law hppearance. Hod to which thding another

d, my children d’s property I wrothers-in-law

ged to transfer now. I can inv

elp me in the the wives of tre should be an

asi District, Dec

ance

pe the experieowry (which i

wever, in somesources to he

rate (the practiother of the such practices

uoted in Jaganathontrol just 8% of la

ng that a person iserson has not beehad been alive, th

d food securityby wives of t

d/father, a surincluding landldren during n. In the case in the continu

nsferred. The ebeen continuosion is problemnacceptable to

to land to whf the women sportion of thents reported sappearance hentitlement to

d already beenprior to the soondents who uded the namehad transferreowever, for thhey were entilayer of proce

were quite yowould find a wwere not suppmy husband’s

vest anywhere past are close the disappearedn easy mechani

cember 2012

ence of wives s seen as a dau

e regions, mainer in-laws), potice of maintaideceased to mare disempow

h Adhikari for Actiand holdings.

s Alive: Provided then heard of for a phe burden of prov

y, land ownersthe disappear

rviving widowd. By law, prothe lifetime oof the wives oued absence oexception to tusly missing fmatic in relatio many wives

hich they are lsurveyed, 85%heir husband’sthat they held

had occurred).land.

n passed on inon’s disappearhad an expecte of the wife oed his son’s pohe majority oitled would reedure, and in

oung. I way to

portive. s share I want to me

d have ism for

of the disappeughter’s inherinly the Terai, aolygamy (expliining wealth wmarry his wiwering for wo

on Aid, “Land Re

hat, when the queperiod of twelve yeing that he/she is

7

hip is red to

w and operty of the of the of the this is for 12 on to until

egally % (394 s land d land This

n full, rance. tation of the ortion of the equire some

eared. itance a wife icit or within dow). omen

form in

estion is ears by alive is

Beyo

Righ

Wive

ond Relief: Add

ts and Needs o

es of the Disapp

dressing the

of Nepal’s

peared

and simil The The disadnor a Survexpeof thrituaconsof thby adistrfrom The In gewife the profthe dmiss Howwhoa buadditthat fear

ResianotEligia Nemarrbasethe encotheirwomsuspwere

27 SeeStudywp-co28 Citiz

limit their aular tendencies

wives of the dposition of

dvantaged. Tha wife, sufferin

vey data reveaerience: shifts he sole breadwals; and the prsequences of hhese patterns aalmost three-qricts, 100% ofm the disappea

e Family

eneral the surto accept or disappeared

found effect odisappeared asing.

wever, from tho are strugglingurden. If thertionally be viefathers-in-lawthat she will t

When mmy in-lacare of mexclude m

-

istance by somther dimensioibility for citizepali citizen) ried women, ed on descentwomen inter

ountered diffir in-laws in pr

man describedpected her of e brought in to

e, for example, Ruy of Afghanistan, Bontent/uploads/201

zenship Act, 2006

utonomous owin relation to

disappeared arf a widow he wife of a ding double disc

al a number in residence f

winner; culturressure to remher remarriageand the disapp

quarters (72.5%f the wives rearance of their

rvey findings ideclare her huloved one mn other memb

are actively en

he perspectiveg under difficue is mistrust

ewed as a threaw hesitate to paake the prope

my husband disaws tell me I amme except me. Tme from the pr

- Interviewed W

me in-laws to on of the probzenship is basor birth (if aconcerned au

t and requiredrviewed wereiculty in obtaroviding her hd being berate

wanting to ro force coope

ural Development Bangladesh, India,1/01/RDI_Report_W

, and Citizenship R

wnership of the wives of th

re sometimes in traditionalisappeared hucrimination fo

of related pafrom joint to ral pressure tomarry or, conve for the joint pearance, itsel%) of respondeported continr husband.

indicate that fusband deceasmaybe alive. Ibers of the famngaged in effo

e of in-laws, pult economic cwithin the joat to family prass on the title

erty away if she

sappeared, we m just “one lifThey say I can roperty.

Wife, Bardiya D

facilitating thblem faced insed on either a child was buthorities havd the citizense already citiaining citizenshusband's citized by in-laws

remove propeeration from i

Institute, “Women Nepal, Pakistan WJF_Womens_In

Regulation, 2006.

land and prohe disappeared

described in pl Hindu culsband is often

or this situation

atterns that msingle househ

o behave as a versely, fears ofamily. Relatelf, ongoing psdents. In Banknued negative

family membesed. Their inteIndeed, enfomily, as motheorts to clarify

particularly thoconditions, a doint family, throperty. In thee of ancestral e remarries.

didn’t yet havfe and one bodgo and live any

District, Decem

heir daughter-n establishing descent (one

born before Ave in practicehip card of tizens, a few ship because zenship docums for wishing erty from the in-laws.

n’s Inheritance Rigand Sri Lanka” (Dheritance_Six_Sou

operty.27 Resead.

public discourlture is alrean treated as nen of social lim

many wives oholds; the assu

widow and toon the part ofed to the cumusychological suke, Baglung, K psychologica

rs and in-lawserests are uniterced disappea

ers, fathers, anthe fate or w

ose without odaughter-in-lawhe wife of theese cases, ICTland to their d

ve any childrendy.” No one caywhere. They w

mber 17, 2012

-in-law’s acceautonomy anparent is requ

April 13, 1990e denied citizthe husband.

of those whof the lack

ments. In Kavto acquire cfamily. In se

ghts to Land and PDecember 2009), 1uth_Asian_Countrie

arch also con

se as “half widady extraordieither fully a w

mbo.

of the disappumption of theo carry out fuf in-laws abouulative impact uffering is repKaski, and Taal impacts resu

s do not pressed in the hopearance also h

nd other relativwhereabouts o

other male chiw can be viewe disappeared

TJ research sugdaughter-in-la

n. Now an take want to

ss to citizenshnd accessing ruired to have 0).28 However

zenship certifiAlthough moho were notof cooperatiovre, for exam

citizenship, aseveral cases, p

Property in South A15–18, www.landees_December_200

8

nfirms

dows.” inarily widow

peared e role uneral ut the of all

ported anahu ulting

sure a e that has a ves of of the

ildren wed as d may ggests aw for

hip is rights.

been r, for

ficates ost of t had on of ple, a they

police

Asia: A esa.org/ 09.pdf

Beyo

Righ

Wive

“The

also

pres

comm

pres

famil

in-law

disap

ond Relief: Add

ts and Needs o

es of the Disapp

e wives of the

bear social a

sures from th

munity. This c

sure on the e

ly, including t

w, to declare

ppearance as

dressing the

of Nepal’s

peared

disappeared

and cultural

he broader

can include

entire joint

the daughter-

the victim of

s deceased.”

A fua nefamiKailaccucaseThislivinwitchprod The in-lafromthe dbe u Thessurvdisapincredwelwithexpla(larg The The comlaw, presthe wwommarr The deathIn nperfothe mdisapfuneat stperc The disapcomfamifami The level

29 BelhealtheconoHuma(2011

d

-

urther form ofgative cycle oily’s misfortunali, Kanchanp

used by in-laws, the wife of

s accusation ung outside of hcraft accusat

duction.

findings showaws, particularlm neighbors ordisappearance

unable to arran

se social, cultuvey’s quantitatppeared were eases dramatilling (with sep

h other relativained that the

gely related to

e Community

wives of themmunity. This

to declare thesure in this scwhite robes o

man for seekinriage.

implication oh, which diffeormal cases o

form funeral rimissing are ofppeared husbaeral rituals puttake. She maeived as impu

research datappeared husb

mmunity underilies of the deilies of the disa

wives of the l. For example

ief in witchcraft co

h or even killing peomic status, particuan Rights Commis), www.humanrigh

f abuse is the of cause-and-ene and that thpur, Surkhet, a

ws of being resf a disappearedsually attributsocial normstions from he

w that in somely if she has nr in-laws causee. Others descnge a sufficient

ural, and legative findings. living outsidecally after th

parate kitchen)ves. Particularey were livingtheir relations

y

e disappeared can include pre victim of discenario to exchof widowhoodng to register h

of these local ers from the wof absence withites. Conflict-eften assumed tand may be tots the social oray be excludeure.

a suggest that bands deceaserstandings andeceased were eappeared.

disappeared ae, in some con

ontinues among soeople and livestockularly Dalits or thossion, “Nepal: Witchts.asia/opinions/co

accusation theffect broughthe wife may eand Siraha, wsponsible for d husband mates responsibi.29 One woma

er sisters-in-law

e cases the wifno children ored some wivescribed being wt dowry for th

al factors provAs noted ear

e of the joint fe disappearan); 8% living wrly in Banke

g with their oship with in-law

also bear soressure on thesappearance ahange her red d. In Kailali, fher husband as

interactions isway in which Hhout explanatiera disappearato be dead. Wold by neighbrder at risk ored from publi

many womened. As notedd early iteratioentitled to sig

also face othentexts a wom

ome communities k. Those accused ose belonging to ochcraft as a Supeolumns/AHRC-ET

hat the wife’s t on by one’s

even be responwomen reporte

the death of tay be vulnerablity for misforan in Baglungw, who blame

fe has come tor only daughtes to wonder wworried that, wheir daughter(s

vide an imporrlier, 44% (20family before nce, with 65%

with their own , Bardiya, Ka

own parents ows) or econom

cial and cultue entire joint fas deceased. In

sari (traditionfor example, as disappeared

s that enforceHindu culture vtion, the wife iances are not p

With this collecors, for exam

r that her deadic rituals due

n, as many as d in the nexons of the govgnificantly high

er pressures anan in the abse

in Nepal with thosare always wome

other marginalized erstition and a FoC-056-2011

“bad karma” actions) has nsible for theed situations itheir husbandble to accusatrtune to womg explained thed her for her

o view herselfers. Commentwhether they mwithout their hs).

rtant context 01 out of 462the disappear

% living in a parents, and

athmandu, anor friends duemic hardship.

ural pressures family, includinn Hindu cultunal attire for ma local police while still wea

d disappearanviews the missis generally unperceived in thctive understan

mple, that her rd husband’s spe to her socia

one in five, ht section, thi

vernment’s IRher levels of c

nd challenges ence of her hu

se accused held rn, typically widowsgroups. For furthe

orm of Violence Ag

(a Hindu belcontributed t

e disappearancin which they d. In some exttions of witch

men perceived hat she was fbuffalos’ low

f as a burden tts about bad kmay be to blamhusband, they

for examinin2) of wives orance. This nu

separate or just over 5% nd Kavre, woe to social pre

from the brong the daughture, a wife mamarried women

official criticiaring the red s

nce is equivalesing more gennder no pressuhe same way; rnding, the wiferefusal to carrpiritual liberatial status, whi

have declaredis relates to

RP policy, by wcompensation

at the commusband is calle

responsible for brins and the elderly wer information, seegainst Women in

9

lief in to the ce. In were

treme hcraft.

to be facing

w milk

to her karma me for y may

ng the of the umber

same living omen essure

oader ter-in-ay feel n) for ized a sari of

ent to nerally. ure to rather, fe of a ry out tion is ich is

d their both

which n than

munity ed on

nging ill with low e Asian Nepal”

Beyo

Righ

Wive

“The

has y

com

oblig

the f

the d

ond Relief: Add

ts and Needs o

es of the Disapp

e governmen

yet to act on

mitments an

gations to inv

fate and whe

disappeared.

dressing the

of Nepal’s

peared

nt of Nepal

n its

nd

vestigate

ereabouts of

.”

to futhat againdiffic If thoptiothe positremaa widof th Amoharaharaof th

TheDisa Inte A nulegiscominstrEnfoGen2010 In aConvrightThe Declhas nresolhumin or On Fissuegeneinstitenjoy

30 UN 31 Seintern32 Theor humcriteriainvestDeclacore mderivin33 Wodisapp(Octob34 Id.

ulfill her husbshe was requ

nst elephant acult, she lacke

he wife of a dion. In some dmissing husbtively (particuarry, she may dow nor a divhe women who

ong those whssment by mssment of wiv

heir seeking re

e Governmenappearance

ernational Ob

umber of intelative, admin

mmission of eruments includorced Disapp

neral Assembly0.30 To date, 9

addition to mvention obligets of victims ocrime of enfolaration on thnot ratified thlutions and re

man rights violrder to preven

February 14, 2ed a general eral comment tutional barrieying their hu

General Assembly

ee also the 1996ational humanitaria

e Working Group rman rights organiza, the Working Gtigations and to in

aration on the Protmandate, the Worng from the Declar

orking Group on pearances adopteber 31- November

para 15.

band’s commuuired to undeattacks with loed the money t

isappeared hudistricts, this mband. In otheularly in Bardiy

be viewed nevorced womano remarried h

ho had not remen in the coves of the disaelief through th

nt’s Legal Os

bligations

ernational instnistrative, judienforced disade the Internaearance (herey on Decemb2 states have b

making enforces states to imor their relativeorced disappee Protection o

he Conventioneflect the conlation, providint its occurren

2013, the UN Wcomment o

provides thaters that prev

uman rights f

y Resolution, A/RE

6 Inter-American an law.

receives and examzations acting on t

Group transmits indnform the Workingtection of all Persoking Group was aration providing go

Enforced or Involed by the Working r 9, 2012), UN Doc

unal responsiertake road bocal men, thoto pay the fine

usband is still rmay be vieweder districts anya and in Rolgatively as lacn or a single wad experience

emarried somommunity. Thappeared by puhe IRP.

Obligations a

truments placicial, and/or appearance in ational Conveeinafter the Cber 20, 2006,become signat

ced disappearmplement the ses to have acc

earances was aof all Persons n, both instrumsensus of the ing authoritatice.

Working Grouon women at states must vent women fully and equa

ES/61/177, Januar

Convention on F

mines reports of distheir behalf. After dividual cases to g Group of the reons from Enforcedlso entrusted with

overnments with as

untary DisappearaGroup on Enforce

c. A/HRC/WGEID/9

bilities. One wbuilding and tough her childe for not parti

relatively yound negatively bynd local culturlpa). In these

cking an accepwoman. The sued pressure to

me reported uhere are alsoublic officials,

and Respon

ce legal obligaother measuany territory

ention for theConvention), w, and enteredtories; Nepal i

rance a crimstandards intocess to justice also prohibitedfrom Enforce

ments were adinternational

ive guidance o

up on Enforcedaffected by take measurevictims of

ally and on

ry 12, 2007.

Forced Disappear

sappearances subdetermining wheththe governments

esults. With the ad Disappearancesmonitoring the pro

ssistance in its imp

ances, General ced or Involuntary 98/2, February 14,

woman from the night-timed-care responcipating.

ng, remarriagey the communres, remarriagcontexts, if a

pted social ideurvey data sugdo so.

unwelcome att accounts in in some case

nses to Enfo

ations on stateures to prevey under its j

e Protection owhich was add into force ois not among t

me under inteo national law and full and ed prior to 201ed Disappearadopted by UN

community aon measures t

d or Involuntarenforced disa

es to remove enforced dis

the same ba

rance of Persons

bmitted by relativesher those reports

concerned, requeadoption by the Gs, starting as at 19ogress of states inplementation.

comment on womDisappearances a, 2013.

Bardiya exple duty of guansibilities made

e may emerge nity as a betrayge is viewed a woman doentity: being neggest that a qu

tention and ssome distric

s during the c

orced

es to take effeent or represjurisdiction. T

of all Persons dopted by theon Decembethem.

ernational lawand guarantee

effective repar10 by the 1992ance.31 While N

General Asseagainst this tyto be implem

ry Disappearanappearances.33

obstacles inclsappearances sis as men.34

s Rights and cus

s of disappeared pcomply with a numesting them to ca

General Assembly992 and in addition fulfilling their obli

en affected by enat its ninety-eight s

10

lained arding e this

as an yal of more

es not either uarter

sexual cts of ourse

ective s the These from

e UN er 23,

w, the es the ation. 2 UN Nepal embly ype of ented

nces32 The

luding from

4 The

stomary

persons mber of arry out y of the on to its gations

nforced session

Beyo

Righ

Wive

ond Relief: Add

ts and Needs o

es of the Disapp

dressing the

of Nepal’s

peared

comenfoacknrespobut s Nati The the ReharehaRecorecocom On Jpetit“urgoffendisap In thjudgin orprovloved

Imporemeabseto seinverepar Still, invecrim

35 Id. p36 Id. 37 CPAfull nathe fa38 CPworksin the 39 CPAin ordarmed40 Intefamilie“Invesprivateinvestcomm41 SupMinistBullet42Id. 43 UNinternApril 1

ment also callorced disappeanowledges the onsive reparatishould also add

ional Obliga

2006 Compreidentification

abilitation Comabilitation” foonciliation Conciliation. 39

mmitments.40

June 1, 2007, tion related tgently enact a nce” and proppeared perso

he same decisgment it made rder to save tvide support ad ones.”

ortantly, the cedy to be provence of effectiveek remedies.stigation of rations to vict

the governmstigate the fa

minalizing enfo

paras 2225 and 3

para 39. A Section 5.2.3, “B

ames and addressmily members.”

A section 5.2.4, “s through it for the

society and run re

A Section 5.2.5, “Bder to probe into thd conflict for creatin

erim Constitution, es of those killed stigation Commisse and public proptigate the facts ab

mitted during the co

preme Court of Ntry of Home Affairsin, Special Issue 8

N Basic principles ational human righ19, 2005.

ls for women’sarance, includin

importance oions program sdress pre-existi

ations

ehensive Peacn of the dismmission to aor victims, 38

ommission to Nepal’s In

the Nepal Supto enforced dlaw which incovide for “a

ons.”41

sion, the Suprthe point tha

them from aband cooperati

court clarified vided as per thve remedies;” ”42 Accordingthe alleged v

tims of human

ment of Nepaate and wherorced disappea

33.

Both sides agree tses of the people w

Both sides agree normalization of th

elief and rehabilitat

Both sides agree tohose involved in sng an atmosphere

Part IV, Article 33and for the disabl

sion” findings (33(qperty (33(r)), and bout those personsourse of conflict, an

Nepal,Rabindra Pras and others, habe80 (June 2007).

and guidelines ohts law and seriou

s participation ng the designof reparations should not onlying gender disc

ce Agreement sappeared, 37

assist in “norm8 and the eo investigate nterim Cons

preme Court idisappearancecludes provisio

separate co

reme Court orat: “immediateandoning the ion in adoptin

that relief wohe law;” emphaand noted “thg to internatioviolation, acti

n rights violatio

al has yet to reabouts of tarances and th

to make public witwho ‘disappeared’

to constitute a Nahe difficult situationtion activities for th

o set up with mutuserious violation ofe for reconciliation

3, Obligations of Sled (33(p)), “relief”q)), rehabilitation pthe establishments involved in seriond to create an atm

asad Dhakal on beas corpus writs: 3

on the right to a us violations of int

and full repren and delivery

to women viy return individcrimination.36

committed ththe formatio

malizing” the stablishment gross human

stitution (Jan

issued a rulinges in which ons that the ammission of

rdered immede relief, even if

tiring path ofng the legitim

ould “not affecasized that “rig

he need to responal law and ion against pons arising fro

act on its cothe disappearhe establishme

thin 60 days of the or were killed dur

ational Peace andn that arose as a r

he victims of conflic

al consent a High-f human rights anin the society.”

State: providing fo” to families of vicprograms for thoset of “a high-levelous violations of hmosphere of recon

behalf of Rajendra3575, 100, and oth

remedy and prepernational humani

esentation in ay of a truth-seictims, recognidual victims to

he main partieon of a Nasituation and of a High-

n rights violatnuary 2007)

g in a high-proit directed th

act of disappeaf inquiry with

diate relief forf it is partial, sf justice owin

mate path of

ct the amountghts would bepect the rights

standards, reperpetrators,

om state action

ommitments red. Draft legent of a Com

e signing of the agring the conflict an

d Rehabilitation Coresult of the armedct and those displa

-level Truth and Rend crime against h

or “relief, recognitictims of disappearae displaced and cl Truth and Recohuman rights and nciliation in the soc

a Prasad Dhakal her petitions, June

paration for victimitarian law, UN Do

all aspects relateeking processizing that a g the status quo

es to the conflational Peace provide “relie-Level Truth tions and pro

reiterates

ofile habeas cohe governmenarance is a crimh respect to

r the victims. should be pro

ng to frustratiosearching for

t and nature oe meaningless i

of victims’ famemedy involveand if appli

ns and omissio

and obligatiogislation aime

mmission of In

greement the corrend convey such de

ommission and cad conflict, maintainaced.”

econciliation Commhumanity in course

on and rehabilitatance on the basis

compensate for danciliation Commiscrimes against hu

ciety.” (33 (s)).

v Government of 1, 2007. Supreme

ms of gross violatoc. E/CN.4/RES/20

11

ted to s.35 It gender o ante,

lict to and

ef and and

omote these

orpus nt to minal such

In its vided

on, to their

of the in the milies es the cable,

ons.43

ns to ed at

nquiry

ect and etails to

arry out n peace

mission e of the

ion” for s of the amaged ssion to umanity

Nepal, e Court

tions of 005/35,

Beyo

Righ

Wive

“In o

Inter

wive

are f

from

norm

mus

nonf

publ

soci

man

ond Relief: Add

ts and Needs o

es of the Disapp

order to acce

rim Relief Pr

es of the disa

forced into p

m which they

mally exclude

st interact wit

family memb

lic, which is r

ially unaccep

ny communiti

dressing the

of Nepal’s

peared

ess the

rogram, the

appeared

public roles

are

ed. They

th male

bers in

regarded as

ptable in

ies.”

on DordinComprevCominclutime

The In cinvegovefami The variofor meddisaplost are opolicbut a As ocategexpefaced2013categ

Imp MosWompurcincoboth The that resulone-thoumomsomorigi

44 Eduoption45 Theand p100,046 SeeICTJ, 47 Info48 The2007 25,00

Disappearancenance to estab

mmission. Thevious CoID bimmission. 44 Tuding on groune of writing the

e Interim Rel

contrast to thstigate and revernment was qilies of the disa

Interim Relieous benefits tup to three

dical care. Thppeared; survior destroyed.4only eligible ucy that is the sa program is n

of April 2013gory of “disaperiences in othd by conflict 3 reported fullgory of enforc

pact and Cha

st of the respmen recipientschased properme-generating

h policy and im

initial policy,provided to

lted in a serio-fifth of 408 reugh not all thmentous decisie the decisioninally formulat

uardo González, Ins-right-truth-nepal

e most recent ameprovides medical ca00 NRs).

e for example, ICT“Relief, Reparatio

ormation provided t

e relief provisions “next of kin” of a d0. MoPR, “Standa

es (CoID) wasblish an Invese ordinance, will with a separThe ordinancends that it wase decision on

lief Program

he state’s lacveal informatiquick to establappeared.

f and Rehabilito conflict-affechildren, skill

he categories ivors of abdu45 Victims of sunder provisiosubject of othnow in the plan

3, 1,517 victimppeared personher countries, victims in gel or partial recced disappeara

allenges of t

ondents in ICs reported tharty (15.4%), sg projects (10mplementation

, in which nexnext-of-kin o

ous dilemma fespondents ha

he women chion relate to t

n was made outed. A cabinet

CTJ, “Seeking Opl

endment to the IRare coverage for “

TJ, “From Relief tons, and the Root C

to ICTJ by RRU, J

were for “next of deceased person rrds related to econ

s abandoned istigation of D

which was signrate bill on the was subseqs not complianthe case was p

m

ck of progresion about the lish a relief pr

itation Prografected personsls- training, aof beneficiar

uction, disabilisexual violenceons relating toher reports.46 Pnning phase.

ms (potential ns” and benefthis was a pro

eneral. In the ceipt of benefance or death.

the IRP for W

CTJ's researchat they had despent on hou0.5%). Howevn that affected

xt-of-kin beneof the deceasefor many womad opted to de

hose to answethe social and ut of economict decision in Ja

ptions for the Righ

RP includes victim“distinguished pers

o Reparations: ListCauses of Conflict

July 2013.

kin” of the deceasreceived NPR 100nomic support and

in May 2012 aisappeared Pe

ned into law one establishmenquently challnt with internpending.

ss on fulfillinfate and whe

rogram for con

am (IRP) was es, including ecand immediatries include: nity, or injury; e were entirelyo medical carePsychosocial s

beneficiaries)fits distributedompt, albeit liICTJ study, m

fits under two

Wives of the

h perceived a eposited the fusehold consu

ver, the researd wives of the

efits specific ted (25,000 NRmen.48 The sureclare their diser the questio

economic prc necessity becanuary 2009 e

ht to Truth in Nep

s of the People’s sons” (up to 1.5 m

tening to the Voicein Nepal” (Octobe

sed or disappeare,000 and “next of k

d relief to conflict vi

and subsequenersons, Truth n March 14, 2nt of a Truth enged in theational law an

ng its commireabouts of thnflict-affected

established in conomic assiste (not long-tnext-of-kin oand those w

y excluded ande, an unjustifisupport was n

had been idd to 1,501 (98imited, responmost respond

o categories of

e Disappear

positive impfunds (37%), pmption (14.2%ch revealed pdisappeared in

to disappearanRs compared rvey results shsappeared hus

on. The factoressures explaicause of how equalized next

al,” 2012, www.ict

Movement and Mmillion NRs) and m

es of Victims” (201r 2012).

ed. When the reliekin” of a disappearictims” (2007).

ntly replaced band Reconcili

2013, combineand Reconcili

e Supreme Cnd standards. A

itments to fuhe disappeared

d persons, inclu

2007 and prostance, scholarterm rehabilitf the decease

whose propertyd victims of toiable and trounot initially off

dentified unde%).47 In relatinse to the situdents as of Janf IRP, either i

red

pact from the paid debts (21%), or invest

problems relatn specific way

nces was lessto 100,000 N

howed that atsbands as decers involved inined above, buthe IRP polic-of-kin benefi

tj.org/publication/se

Madhesh/Terai Movarginalized people

11) and Ruben Ca

ef program first stared person receive

12

by an iation ed the iation

Court, At the

urther d, the uding

ovides rships tative) ed or y was orture ubling ffered,

er the ion to uation nuary in the

IRP. 1.1%), ted in ted to ys.

than NRs), t least eased, n this ut for y was its for

eeking-

vement e (up to

arranza,

arted in ed NPR

Beyo

Righ

Wive

ond Relief: Add

ts and Needs o

es of the Disapp

dressing the

of Nepal’s

peared

wiveenfotime300,0altho Initiafrombenedistindisapprov The for tof tfollo(45.3obtarequ In owiveexclusociaformrespoecon In pfamibenegathbrothprev The famiassisbothbe recons

Respadmsocia

49 The

es of the disaporced disappeaes for both ca000 and later ough these ben

ally, under Om the NRs 25,efits), again wnction. In Seppeared.49 Simvided on an eq

process of apthe women. Tthe disappeareowed by the c3%), the dysfain a recommeuirement, assis

order to acceses of the disauded. They mally unaccepta

m of discrimondents attrib

nomic, politica

practice, manyily members aefits. In some erings is only her, or elder

vents her from

ICRC and milies of the distance and acch by public offepresentative osideration.

One madifferentand mee

-

Some petried to t

-

pondents alsoministrative pro

al and econom

e same amendmen

ppeared (to NRarance had beategories (next

to NRs 1,000nefits have yet

October 2009 ,000 lump sumwithout a cleeptember 201

milarly, scholarqual basis with

pplying for anThe ICTJ reseaed was the eost of the profunction withiendation fromted in the succ

ss the programappeared are

must interact wiable in many c

mination durinbuted to gendal, or ethnic bi

y of the wivesand other peotraditional copossible whenson. This pro

m exercising au

many locally bisappeared, incompaniment,ficials and privof the experie

an offered to het places to findt him in hotels

- Interviewed W

eople helped metake advantage o

- Interviewed W

o described pocess. Access mic burden. A

nt increased the ne

Rs 100,000), been declared dt-of-kin of the0,000, to be pt to be fully di

procedures, wm benefit proear articulatio11, the cabinrships for childh the deceased

nd receiving barch found thevidentiary buocess (64.7%),in Local Peac

m a political pcessful lodging

m (or indeed forced into

with male nonfcommunities. Ong the proceer bias, while ias.

s of the disapople outside ntexts, movemn accompaniedotects a wom

utonomy over

based civil socncluding the w, ICTJ researcvate individualence of the ma

elp me. He hasd my husband. T

at night.

Wife, Bardiya D

e to seek justiceof me.

Wife, Baglung D

problems relatto IRP bene

A minimum o

ext-of-kin benefit to

but by then a dead. The ame deceased an

provided in a cistributed.

wives of the ovided to widoon of any pnet equalized dren of the wi

d until Decemb

benefits under hat the burdenurden of pro, the lack of cce Committeeparty (17.4%), g of applicatio

to carry out public roles

family memberOver one-thiress of seekina smaller num

ppeared relied their family, ument beyond td by male fam

man from sociher life.

ciety organizawives of victich revealed cals. While suchajority of respo

s political influThen he starte

istrict, Decemb

e and make an

District, Decemb

ting to the acefits for many

of seven admin

o NRs 300,000.

significant nuount has been

nd the disappecombination o

disappeared wows (distinct fprinciple unde

this benefit wives of the disber 2009.

the IRP also n most frequeoving the discooperation fres (22.5%), anwhich, althou

ons.

other adminifrom which rs in public, wrd of respondeng IRP benember consider

on the assistusually men, the home into

mily members, ial abuse, but

ations offer crims. In spite ases of discrimh anecdotal accondents, their

uence. He took d asking me to

ber 16, 2012

IRP claim. The

ber 21, 2012

ccessibility any women invnistrative step

umber of victimn increased seeared) first to of cash and sh

were also exclfrom “next-oferlying this pfor wives o

sappeared wer

created challently cited by wsappearance (rom public offnd the inabiliugh not an o

istrative tasks)they are nor

which is regardents reported efits, which red the cause

tance of both in order to a

o public spacesuch as a husb

t at the same

rucial assistanof these form

mination and acounts seem nr seriousness m

me to o come

en they

nd integrity ovolved a signips was require

13

ms of everal NRs

hares,

luded f-kin” policy f the re not

enges wives (74%) fficials ity to fficial

), the rmally ded as some most to be

male access es and band, time

nce to ms of abuse not to merits

of the ficant

ed for

Beyo

Righ

Wive

“A fu

of the

estab

ident

as le

its ad

could

of a f

prog

ond Relief: Add

ts and Needs o

es of the Disapp

ull independen

e IRP would a

blishing its im

tifying the gap

essons learne

dministration,

d then inform

future repara

ram.”

dressing the

of Nepal’s

peared

nt evaluation

assist in

mpact and

ps as well

ed regarding

, which

the design

tions

a suprovofficundewhilManlivessevetheir

Likefromfundprocproc

Partithe wherFor caseto hcomissueby oburdautobrea

Con Enfo

50 TheChief MoPR(copyinameCDO; Finan

ccessful claimvide further ince of the Chiertaking thesee almost 10%

ny women hav, meaning tharal days) can r claim rejected

I am disrelief by doesn’t m

-

I have trThey alwhave the

-

e other IRP bem the influencds and from tcess. Some rescess of claimin

I didn’t kanywher

-

There wdifficult

-

icipants in theofficial reliefre local authoexample, unds the CDO (t

have includedmpelled by trad

es is not clearonly one next-dens. On the oonomy while nadwinner.

nclusions an

orced disappe

e seven steps invoDistrict Officer (C

R; 3) review and sing the RRU); 4) ss of disappeared 7) request for fuce).

m,50 assuming nformation. Duef District O

e journeys, a t% were dealing

ve no access tat a trip to thebe a major u

d several time

splaced and livigoing back to

make sense.

- Interviewed W

ravelled many tiways send me ba

money to cont

- Interviewed W

eneficiaries, soce of politicalthe lack of cospondents sharng IRP benefit

know anybody e.

- Interviewed W

were different ffor me. Others

- Interviewed W

e study also cf policy and orities respondder the relief the official bod in-laws or dition to sharer, as there are -of-kin when other hand, thnot relieving

nd Recomm

earance brings

olved in an IRP a

CDO); 2) submissiubmission of the a

submission of the rperson and his fand release by the

that an applicuring this timefficer (CDO)

third of the rewith direct di

to even smalle district headundertaking. Mes.

ing in Kathmanmy district. Go

Wife, Kathmand

imes to the autack with empty tinue this proce

Wife, Kailali Dis

me wives of tl parties on doordination amred experiencts, although th

with political in

Wife, Kailali Dis

forms and prohad political fri

Wife, Surkhet D

complained ablocal culture.

ded to family policy a wife

ody responsibchildren in te the benefit astrong culturthe family nehere are clear her of the bu

mendations

s specific kind

application for the ion of the applicaapplication by the recommendation bmily by the CDO

e CDO to the Fina

cation was noe-consuming p repeatedly to

espondents repisputes with nl amounts of dquarters (ofteMany benefici

ndu. I can onlyoing back would

du District, Dec

thorities to recehands for this rss.

strict, Decembe

he disappearedecisions aboumong the vares of harassm

he study did no

nfluence. That m

strict, Decembe

ocedures. I waiends. It went m

District, Decemb

bout difficulti. In particuladisputes overis entitled to

ble for distributhese paymenamong family ral norms thattwork is presucases of this

urden she car

ds of harms t

families of disappation by the CDO

Task Force to theby the RRU to the to RRU; 6) author

ancial and Treasu

ot sent back toprocess, mosto inquire aboported a lack

next-of-kin relasurplus cash en a journey oiaries only su

y get the goverd be too expen

cember 2012

eive relief. It is reason or that.

er 18, 2012

d encounteredut eligibility arious authoriti

ment by public ot establish thi

made it difficult

er 18, 2012

as not aware. much faster for

ber 2, 2012

ies arising fromar, some descr benefits by iso the entire beuting relief fu

nts. In other members. Th

t resist the recumed to jointpractice unde

rries in her ne

to the wives o

peared are: 1) filinto the Data Colle

e MOPR to recomCDO for re-verificarization by the RRry Controller Offic

o correct errot victims visiteout their claim

of family supated to IRP clin their day-tof several hou

ucceed after h

rnment nsive. It

costly. I don’t

d difficulties aand distributioies involved iofficials durinis as a pattern

t to get

It was them.

m a clash betcribed experiessuing joint chenefit, yet in unds) was rep

cases wives he solution toceipt of the betly share econermining the wew role as the

of the disapp

g an application wection Task Force

mmend that relief iation; 5) return of

RU to release reliefce (part of the Min

14

ors or ed the ms. In pport, laims. o-day urs to having

arising on of n the

ng the .

tween ences hecks. some orted were

o such enefit nomic wife’s e sole

peared

with the e of the s given verified f to the

nistry of

Beyo

Righ

Wive

ond Relief: Add

ts and Needs o

es of the Disapp

dressing the

of Nepal’s

peared

and the gimmmanvictim Paymaddithelp measexpli The disapimplthe pundelegalwhicto, fallow Resprepaits imwhicenviPersgovethe wThesdecesuppviolathem Pendbe tareseaor inimmfromand grouidenstate

1. ENepof tconsCon

51 Seethe co52 Seethroug

their familiesgovernment’s

mediate needs onner by whichms.

ment of comtional sum torespond to t

sures that doicit acknowled

WGEID hasppearances is lications of thiperson conceaer the law, anl limbo also ech prevent thefor example, twances and ma

ponding to therations programpact and idech could thensaged in the ons, Truth aernment shouwives of the dse include theeased, know tported in efforations of hummselves and th

ding the establaken to alleviaarch. In accorn any way un

mediately act tom Enforced D

whereabouts up led by foretify and prote

e.

Ensure reco

pal should consthe disappearesultation with sultations sho

e Human Rights Context of enforced

e UN Commission gh Action to Comb

. These speciIRP has bee

of the disappeh they are acc

mpensation too the wife, andthese women’

o not address dgment of resp

s noted that that the vic

is are that notaled, “but whilnd is placed inentails violatioem from exerthe status of anagement of

ese harms reqam. A full indentifying the gn inform theordinance on

and Reconciliuld consider fodisappeared, we need to: knothe whereabourts to seek inf

man rights ariheir children.

lishment of suate some of thdance with int

ndermine the o ratify the In

Disappearance,of the disap

ensic experts tect sites of inte

ognition befo

sider adoptinged and their families of t

ould take into

Council. 19th Sessidisappearances, U

on Human Rightsbat Impunity, UN D

ific harms reqen an importaeared person’scessed have f

o the familiesd scholarships’s immediate long-term or

ponsibility or w

one of the cctim is placedt only is detentle deprived ofn legal limbo, ons of the rigrcising their rimarriage, gua

f property of th

quires targeteddependent evalgaps as well ae design of an the establisiation Commorms of repar

who have certaow the fate of uts of remain

formation aboising from it,

uch a programhe most pressternational noright to truth

nternational C, criminalize eppeared by esthat could comerment, and c

ore the law o

g legislation to next-of-kin.

the disappeareaccount the

ion, General commUN Doc. A/HRC/19

s, Updated Set of Doc. E/CN.4/2005/1

quire correspoant and usefuls wife and famfallen short of

s of the diss for up to thfinancial needr permanent wrongdoing.

constitutive eld “outside thtion denied anf his/her libert

in a situationghts of otherights and obliardianship of he disappeared

d measures, idluation of the s lessons learna future repashment of th

mission. In drations that spain needs that f their husbandns so that buut and justice , and have lo

m, there are othsing socioeconorms, such meh and justice.Convention foenforced disapstablishing a smpile pre-moonduct exhum

of victims o

protect and reLegislation s

ed, legal expeICRC’s 2009

ment on the right to9/58/Rev.1, March

Principles for the P102/Add.1, Februa

onding specificl step toward

mily, the benefif providing re

appeared, inchree children ds, but paymeharms and d

lements, or hhe protection nd/or the fate ty, this personn of total defer persons, incigations with lchildren, and d person.51

eally as part oIRP would a

ned regardingarations progr

he Investigatiodesigning suchpecifically targother victimsd or family m

urial rites can for the disapp

ong-term econ

her immediatenomic problemeasures, of cou

52 In this regor the Protectippearance andspecialized in

ortem informamations as a p

of enforced d

espond to the hould be dev

erts and othermodel law g

o recognition as a 2012, Paragraph

Protection and Proary 8, 2005.

c responses. Wresponding t

fits under it aneparative justi

cluding a sepof the disapp

ents are shortdo not include

harms, of enfof the law.”or whereabou

n is denied anyfenselessness.”cluding next-olegal consequthe right to

of a comprehessist in establi

g its administrram, such ason of Disapph a programget as benefic’ categories do

member and if be performe

pearance and nomic securit

e measures thams identified iurse, do not regard, Nepal shion of All Pe

d to clarify thestitution or s

ation from famermanent poli

disappearan

rights and intveloped in cr key stakehoguidelines aim

a person before the42.

omotion of Human

15

While to the nd the ice to

parate peared t-term e any

forced ” The uts of y right ” This of-kin, uences social

ensive ishing ation,

s that peared

m, the ciaries o not. f he is ed, be other

ty for

at can in the eplace hould

ersons e fate search milies, icy of

nce

terests areful

olders. med at

e law in

n Rights

Beyo

Righ

Wive

ond Relief: Add

ts and Needs o

es of the Disapp

dressing the

of Nepal’s

peared

impl The victimmem In rethe oin thwith disapof maddrissuin Coun“dectheirthe ninclutheirprovtheirapprArgethey the c

2. PThe of thdeclawivewou The that deatheconagain As adiscrenacland for waven53 ICRResuland inwww.i54 Re(GeneDoc. Regul55 Hum56 Forable trights

lementing this

ICTJ researchms of enforce

mbers, as recog

esponse to theobligation to rhe form of a “h the consent oppearance.54 Tmeasures to press the legal ung a “declarati

ntries includiclaration of abr objective hasnext-of-kin ofuding the mar fate and whevides for the r families, androaches reflectentina, Chile, were not com

case of Bosnia

Prioritize ac

government she wife or relaare the disappes of disappearuld arise if the

ICTJ researcwould otherwh of their hus

nomic vulneranst banks loan

a result of a 1riminatory lawcted in 2002. T

and property wives of the dnue for access

RC, Guiding Principt of Armed Conflic

nterests of the misicrc.org/eng/resou

port of the Workieral comment on th

A/HRC/19/58/RlarSession/Session

man Rights Counc

r example, daughteo claim a share ofof women to their

s kind of reme

h findings illued disappearangnized by WG

e right of the drespect the righdeclaration ofof the family,

The Human Riprevent and aduncertainty creion of absence

ng Argentinabsence.” Whiles been similar f the disappearanagement ofereabouts are rregistration o

d an accessiblet the differentColombia, an

mpelled to deca, to facilitate t

cess to land

should providatives of the dpeared person red by addresperson were d

h found that wise automatisband. Land tability, becausens, and provide

996 Supreme ws, the 11th amThese and subinheritance for

disappeared beto property is ples / Model Law oct or Internal Violenssing and their famrces/documents/m

ng Group on Enfhe right to recogniev.1, March 2n19/A-HRC-19-58

cil Resolution, A/HR

ers were recognizf property from join(living) husband’s

edial policy op

ustrate the caunce and the bu

GEID.

disappeared toghts of next-off absence by reby a state authights Council ddress cases

eated by the abe” as a result o

a, Chile, Coloe each draftedin providing

red person to f the disappearesolved. In th

of victims of de procedure tt desires of rend Peru, a speclare their relathe process of

d title by wiv

de remedial medisappeared in

deceased. Thsing land and

deceased, but w

more than 86ically pass to title security ise it enables sues social auton

Court verdict mendment to sequent reformr women.56 Hocause of the laprovided by t

on the Missing: Prnce: Measures to

milies, Advisory Semisc/model-law-mis

forced or Involuntation as a person b2012, Paragrap-Rev1_en.pdf

RC/21/L.5 (passed

zed as heirs to parnt family estates o property were rev

tion.53

usal link betwurdens experi

o be recognizef-kin, WGEIDeason of enforhority after a chas likewise cof enforced dbsence of the f enforced disa

ombia, and Pd law responds

a legal status exercise and p

ared person's he case of Bosdisappearanceto declare the elatives in the ecial status foatives dead wif official declar

ves of the d

easures to secun ancestral prohese measures

property inhewithout requir

6% of responthem, and thes a key factor ubsistence foonomy.

t in response tthe Country

ms established owever, they dack of legal stathe statutory r

rinciples for Legislaprevent persons fr

ervice on Internatiossing-300908.htm

ary Disappearancebefore the law in thph 42, www.o

d by unanimous co

rental property on on the death of hervised. 11th Amend

ween the uncerenced by wive

ed as a person D recommendsrced disappearcertain time haalled on statesdisappearancesdisappeared pappearance.55

Peru have legs to the specifito the disappeprotect their rproperties, un

snia, legislatione, the provisio

death of victvarious conte

or the disappeithout knowinration of the d

isappeared

ure the establioperty without

should proteeritance, and pring a declarat

ndents did noteir children, iin reducing w

od production

to a challenge Code (1963)

d formal equalido not offer a atus of their hrule under whi

ating the Situation rom going missing

onal Humanitarian

es, Human Rightshe context of enforhchr.org/Documen

onsent), Septembe

an equal standingr husband, and legment to the Civil C

rtain legal states and other f

before the laws acknowledgerance” to be isas elapsed sincs, as part of a s, to take ste

person, includin

gislated for sufic national coneared, and allorights and intentil such timen was adoptedon of assistantims. The diffexts: in the caeared in orderng their fate; adeath.

ished legal intet requiring thect the rights opartition issuetion of death.

t have title toin the event owomen’s socian, serves as se

to amendmen(Muluki Ain)

ity in many aresatisfactory sol

husbands; theirich their husba

of Persons Missing and to protect theLaw, February 28

s Council. 19th Srced disappearancnts/HRBodies/HRC

er 21, 2012, para.1

g with sons, widowgal provisions limit

Code (Muluki Ain).

16

tus of family

w and ement ssued, ce the range

eps to ng by

uch a ntext, owing erests, e that d that

nce to ferent ase of r that and in

erests em to of the s that

o land of the al and curity

nts of ) was eas of lution r only and is

ngas a e rights

8, 2009,

Session, ces) UN Council/

8(k).

ws were ting the

Beyo

Righ

Wive

ond Relief: Add

ts and Needs o

es of the Disapp

dressing the

of Nepal’s

peared

assumwiveto senot b

3. EandA forelatiwithdisapIRP inderedurecoof threlief

In 2idenguidduringovecardcomrepre

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4. SGovminivictimsuppwomthe cgend ICTJany

57 Guconflicduringmovewww.p58 A p2006 Maoisgener12, 20the ID

med dead if hes of the disappecure the transbe required, to

Expedite the d disappeare

orm of ID thtives has the ph victims, to ovppeared, and or any future

ed to wives ucing their vugnition that che disappearedf or reparation

2012, the Minitification card

delines, their obng the course ernment,57 alths are intended

mmenced in mesentatives of

measure of thvoluntary par

act of this IDricts where thpening registraxtended to othorture and sexaccess to supp

Strengthen m

vernment meaisterial coordims, including port) must reamen. Women current adminder-based discr

J also reiterateprograms tha

idelines for providct, 2012. Under thg the “armed confment, Dalit apeace.gov.np/uplo

etition, filed in the armed conflict as

st abuses. The perally considered m013, the Supreme

D cards, until a fina

he has been mpeared the oppfer of land, is c

o declare their h

issuance oed

hat officially potential, if advercome manconflict-affecte reparations of those kille

ulnerability tocan empower d ought not tns.

istry of Peaceds to the fambjective is to eof political cohough it remd to provide a

mid 2013, althf three victim o

his kind shouldrticipation by

D card systemhe highest conation for this cher victims ofxual and gendeport and servic

ministerial c

asures are reqination. Inform

the remaininach the intendare particularl

nistrative procrimination and

es previously at may have im

ding identity cardshe guidelines, thosflict, historical peoand marginalizeoads/files/18_%20P

Supreme Court onthe “People’s Wa

etition demands thaore neutral and is Court issued an i

l decision on the c

missing for 12 portunity to obcontrary to thehusbands dead

of identity ca

recognizes vidministered e

ny of the admited persons mprogram. In red during theo discriminatoand improve to have to rep

e and Reconstmilies of the denable access bonflict to vario

mains unclear access to. Dis

hough the proorganizations.5

d give high pry victims and m, the governmncentration ofcategory of viof conflict-relater-based violences.

coordination

quired to overmation regard

ng componentded beneficiarily disadvantagess is ad hocd other abuses

made recommmplications fo

s to the families ose eligible for ID cple’s movement, M

ed class movParichaya%20Patr

n July 24, 2013, obar”—a term usuallyat the wording beused in other offic

interim stay order case.

years or morebtain a death ce wishes of thod.

ards for fam

ictims of humeffectively withinistrative hurd

more generallyrelation to thee conflict), anory behavior their self-con

peatedly prov

truction madedeceased and by families of

ous services anprecisely wha

stribution of togram is now 58

riority to confifamily memb

ment should f disappearancolations. It is ted human rignce, and that

n and victim

rcome the ideding governmts of the IRP ies through taged to the extand weakly cos.

mendations toor them, inclu

of the deceased aards will include “Mahdesh/Terai movement or otra_Nirdesika.pdf

bjects to the wordiny associated with te changed to victimcial documents incon implementation

e. This route, certificate after ose who are un

milies of the d

man rights vih sensitivity adles experienc, in accessing e wives of then ID card coand provide

nfidence. In pve their status

e public guidedisappeared.

f individuals kind facilities to at services anthe ID cards i

w subject to a

identiality, accbers. In orderalso conduct ces were repoalso importan

ghts violationsthey likewise

m participati

entified tensioment initiatives

(skills trainingargeted awarentent that the doordinated, op

o ensure victimuding informat

and disappeared nearest kin” of deovement, indigenoher community

ng on the ID card, the Maoists, whichms of the “armed cluding the Interimn of the guidelines

which would r 12 years and hnwilling, and sh

deceased

iolations and and in consultced by wives obenefits unde

e disappearedould contribu a level of articular, the win order to a

lines for provAccording to

illed or disappbe provided b

nd facilities this reported to legal challeng

cess to informr to maximizoutreach in

orted and connt that the pros, including vireceive recogn

on

ons and failurs aimed at cog and psychoness raising amdecision makipening the do

ms’ participatition dissemin

in the course of ceased and disap

ous movement, Thbased move

which refers to theh is rejected by vicconflict,” a term w

m Constitution. On s, including distribu

17

allow hence hould

their tation of the er the

d (and ute to social wives access

viding o the

peared by the he ID

have ge by

ation, ze the those nsider ogram ictims nition

res in onflict social mong ing in oor to

ion in ation,

political ppeared haruhat ement,”

e 1996-ctims of which is August ution of

Beyo

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Wive

The InteJustice (prevent human rmass absolutionscreate julearn mo ICTJ Ne5 HanovNew Yo Disclaimpublicatdo not nof UN Wany of it © 2013

Ackn

ICTJ UN Wanalysbriefinbroadnationfor gejustice

ond Relief: Add

ts and Needs o

es of the Disapp

ernational Center f(ICTJ) works to rethe most severe vrights by confrontibuse. ICTJ seeks s to promote accoust and peaceful sore, visit www.ictj

ew York ver Square, Floor rk, NY USA 10004

mer: The views expion are those of th

necessarily represWomen, the Unitedts affiliated organiz

ICTJ

owledgements

is grateful for tWomen for the sis that are the ng paper and p

der support to snal and local levender responsive.

dressing the

of Nepal’s

peared

for Transitional edress and violations of ng legacies of holistic

ountability and societies. To j.org

24 4

pressed in this he authors and ent the views

d Nations, or zation.

s

the support of research and basis of this

part of its strengthening vel capacities ve transitional

deterprog The oppoto estrucdevemicrproglearnindivwiveprog

59 See2012)60 RePromoRight

rmining the ngrams.59

relief progrortunity to enend preexistctural inequalielopment initiaroenterprises agram currentlyned from the vidual and coles of the disagram.

e for example, Ru).

port of the Speciaotion and Protectto Development,

needs and asp

ram and anyable and empting patterns ities.60 Linkageatives that streand other livey being implpiloting of t

llective approappeared and

uben Carranza, IC

al Rapporteur on tion of All HumanApril 29, 2010, UN

pirations of vic

y future repaower womenof gender d

es should be engthen the caelihood optionemented in 4this element oaches to addrother women

CTJ, “Relief, Repa

violence against Rights, Civil, PoN Doc. A/HRC/14

ctims, as well

arations progrby introducin

discriminationmade betweeapacities of w

ns. A skills tra43 districts oof the IRP mressing the ecn affected by

rations and the R

t women, its causlitical, Economic,

4/22, para 31.

as designing

ram should ng measures fon, systemic men the relief s

women to inveaining employmoffers this oppmay be imporconomic and s

conflict in a

Root Causes of Co

ses and consequeSocial and Cultu

and impleme

be viewed aor redress that

marginalizationscheme and rest and to engament opportuportunity. Lertant in compsocial needs ofuture repara

onflict in Nepal” (O

ences, Rashida Mural Rights, includ

18

enting

as an t seek

n and elated age in unities ssons

paring of the ations

October

Manjoo, ing the