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The Development of Human Rights after Nepal Civil War

Chapter 1

List of Acronyms

CPN - Communist Party of Nepal

UNMIN - Political Mission in Nepal

UNHRC - United Nations Human Rights Council

UNICEF - United Nations International Children'sEmergency Fund

UN - United Nations

This paper is focused on the implementation of 7.1. Human Rights on Comprehensive Peace Agreement that was signed by the government of Nepal and the Communist Party of Nepal (Maoist). Although both of the government of Nepal and the Communist Party of Nepal had signed the peace agreement, they’re not obey the rules on the peace agreement. The below is content about human rights that cited from Peace Accords Matrix:

‘7.1. Human Rights:

7.1.1. Both sides reiterate their commitment to the respect and protection of human rights and the international humanitarian laws and agree that no individual shall be discriminated on the basis of colour, gender, language, religion, age, race, nationality or social origin, property, disability, birth and other status and thought or belief.

7.1.2. Both sides agree to create an atmosphere where the Nepali people can enjoy their civil, political, economic, social and cultural rights and are committed to ensuring that such rights are not violated under any circumstances in the future.

7.1.3. Both sides express their commitment that impartial investigation shall be carried out and lawful action would be taken against individuals responsible for obstructions in the exercise of the rights contained in the agreement and guarantee not to encourage impunity. Apart from this, they shall also guarantee the right to relief of the families of victims of conflict, torture and disappearance.

7.1.4. Both sides shall refrain from inflicting torture, kidnapping and coercing the ordinary people to any work, and shall take necessary actions to discourage such acts.

7.1.5. Both sides shall respect the social, cultural and religious sensitivities, and the protection of religious sites and beliefs of any individual based on the values and norms of secularism,

7.3.1. Both sides respect and protect the right to individual dignity. In this connection, no person including those deprived of the enjoyment of freedom under law shall be subjected to torture or any other cruel, inhuman or degrading behaviour or punishment. The citizen's lawful right to privacy shall be respected.

7.3.2. Both sides shall fully respect the individual's right to freedom and security, shall not keep anyone under arbitrary or illegal detention, and shall not kidnap or hold anybody captive in a like manner. Both sides agree to make public the status of every individual disappeared and held captive and provide such information to their family members, legal counsel, and any other authorized persons.

7.3.3. Both sides shall respect and protect the citizens' right to freedom of movement and the right to choose the location of one's residence in a manner acceptable under prevailing laws, and express their commitments to respect the right of individuals and families displaced during the conflict to return to their original places of residence or to settle in any other places of their choice.

7.7.1. Both sides agree to enforce and cause to be enforced the freedom of thought and opinion, freedom of expression and publication, freedom of peaceful assembly without arms, freedom of movement, freedom of choice of profession or occupation, freedom of acquisition, ownership and disposal of property, freedom to participate in peaceful political activities, the right to equality before law and a just legal system.

9.4. The National Human Rights Commission shall also carry out responsibilities related to the monitoring of human rights as mentioned in this agreement together with the responsibility assigned to it as per the laws. While carrying out its functions, the Commission may liaison with and seek assistance from national as well as international human rights related organizations.’

(This part is not finished)

Background of the war

On February 4, 1996, the leader of the Communist Party of Nepal (Mao) Babram Bhattarai submitted a memorandum to the then Prime Minister, Shel Bahadur Deuba, which mentioned the abolition of the King and The privilege of the royal family, the declaration of Nepal as a secular state, the establishment of a people's democratic system, the creation of a new constitution, etc., were rejected by Deuba. On February 13, the Communist Party (Mao) began attacking police stations in various areas in the Labuti area, seized explosives, attacked banks, and officially launched a civil war. In the next decade, the Communist Party (Mao) gradually occupied more than half of Nepal's territory and surrounded the capital, Kathmandu. On November 17, 2005, seven parties in Kathmandu formed a seven-party coalition, terminating the administrative power of King Gyanendra and negotiating with the Nepalese Communist Party (Mao). On April 24, 2006, the Nepalese government announced the return of sovereignty to its citizens. On November 21, the CPN (Mao) officially reached a peace agreement with the government and signed a peace treaty, marking the end of the civil war.

The Communist Party of Nepal (Maoist) split from the "Nikkei (Unity Center)" and is now the largest faction of the Communist Party of Nepal. Advocate the realization of the Federal Democratic Republic, as well as land reform, social equality and other requirements.It emphasizes the guiding ideology of Marxism-Leninism and Mao Zedong Thought, with the aim of establishing the People's Republic in Nepal. In February 1996, a people's war was launched in the remote mountainous areas of central and Western Nepal and the road of armed seizure of power was taken. At the end of 2001, it was declared a terrorist organization by the governments of Nepal and the United States.

On February 4, 1996, the leader of the Communist Party of Nepal (Maoist) Babram Bhattarai submitted a memorandum to the then Prime Minister, Shel Bahadur Deuba, which mentioned the abolition of the king. With the privilege of the royal family, the declaration of Nepal as a secular state, the establishment of a people's democratic system, the creation of a new constitution, etc. It was rejected by Batrai. On February 13, the CPN (Maoist) began attacking police stations around the country in the Labuti area, taking explosives, attacking banks and officially launching a civil war. In the next decade, the Communist Party (Maoist) gradually occupied more than half of Nepal’s territory and surrounded the capital, Kathmandu. On November 17, 2005, seven parties in Kathmandu formed a seven-party coalition, terminating the administrative power of King Gyanendra and negotiating with the Communist Party of Nepal (Maoist). On April 24, 2006, the Nepalese government announced the return of sovereignty to its citizens. On November 21, the CPN (Maoist) officially reached a peace agreement with the government and signed a peace treaty, marking the end of the civil war. Since the 1996 rebellion, nearly 13,000 Nepalese have died, most of them civilians. The agreement was reached after 14 hours of marathon negotiations. The main content of the agreement is: Since the date of signature, the 11-year Nepal Civil War has been declared closed. On November 16, the comprehensive peace agreement will be formally signed.

Nepal is one of the ten poorest countries in the world. Until 2006, the country's GDP was only 7.54 billion US dollars, and the per capita economy was only 311 dollars. The economy relied heavily on foreign aid. The feudal system that lasted for a thousand years made life harder for the poor. Especially in rural areas - the vast majority of the country's population lives in rural areas - social inequality is extremely serious due to large-scale land ownership. Under the old system, Nepal was a constitutional monarchy; a non-partisan parliamentary system was imposed, and no political party was banned. All powers of the state belonged to the king. There has been a long-standing ethnic conflict between the residents of Indian descent in the southern region and the main inhabitants of northern Nepal.

In April 1990, King Birendra was forced by the public opinion to abolish the parliamentary system and implement a constitutional monarchy based on a multi-party system. It was this move that opened the political transformation in Nepal and opened up unexpected turbulent years. The Communist Party of Nepal participated in the first parliamentary election in the following year. However, after the election, the political situation was chaotic and the life of the poor people did not change. There was an argument at the time of the Communist Party. Some people advocate the parliamentary road, while others advocate a violent revolution to completely change the land system, liberate farmers and women, and establish a republic. The two factions finally parted ways. In 1994, the Communist Party (Maoist) split. On February 13, 1996, the CPN (Maoist) left the city to break away from the political mainstream, entered the remote villages to launch an armed struggle, established its own political power and base areas, and organized the army. Since then, Nepal has fallen into an extreme era. The Communist Party of Nepal (Maoist) initially had a team of less than 800 people. The guns and ammunition were extremely scarce and there was no foreign support. Many people think they will fail quickly. However, they were supported by the peasants, and the forces ruined almost the entire village, with 60% of the country's land and 50% of the population. The troops reached 30,000 and tens of thousands of militia. The government twice met with it in 2001 and 2003. However, because of the serious differences, the peace talks broke down. The government immediately announced the CPN (Maoist) as a terrorist organization. But the government forces have been unable to suppress this opponent. Beginning at the end of 2004, the armed forces of the Communist Party of Nepal (Maoist) launched a siege on Kathmandu. The strict blockade caused the capital to cut off food and power, and the government was in an unprecedented crisis. In this situation, the King’s desperation has increased the intensity of the attack, but the results have been minimal. After a decade of violent shock, the old order began to disintegrate. The society finally gradually abandoned the king and accepted this radical political force. In November 2005, the Communist Party of Nepal (Maoist) and the Seven-Party Alliance began to join hands to deal with the king. After the establishment of the new government by the Seven-Party Alliance in 2006, the two sides held peace talks several times. In August, the two sides sent a letter to UN Secretary-General Kofi Annan, who unanimously requested assistance in the management of weapons and armies. On November 21, 2006, under the mediation of the United Nations, the seven-party coalition government signed a peace agreement with the CPN (Maoist) to end the civil war. Prime Minister Koirala and the leader of the Communist Party (Maoist), Prachanda, both signed that Nepal will enter a new era of peace, democracy and development. On April 18, 2007, the Nepalese government set about reducing the number of combatants armed with the CPN (Maoist) from 30,000 to 17,000. On January 15, 2007, the parliament issued an interim constitution to form an interim parliament containing the CPN (Maoist). In April, the party entered the party leader Koirala as the temporary coalition government of the prime minister, and the Communist Party (Maoist) officially returned to the political mainstream.

On the 4th February, 1996, the Chairman of the Central Committee of the People's United Front, Dr. Babram Batrayi, submitted a memorandum to the Prime Minister of the Kingdom of Nepal, Sher Bahadur de Upa, in the form of a list of 40 requirements concerning nationalism, democracy and livelihood, of which 9 are related to nationalism and democracy. There are 17 requirements and 14 requirements related to people's livelihood.The memorandum calls on the government to abolish all unequal treaties. On the issue of human rights, the memorandum states that a new constitution should be drafted by representatives elected for the establishment of a people's democratic system. Also, it claimed the government should abolish all the privileges of the king and the Royal family. All those killed in the People's Movement that happened on 1990 should be approved as martyrs. Family members of martyrs and those who are injured or disabled in sports should be properly compensated.Regional discrimination should be eliminated between high mountain areas and Telai district. The backward areas should be given regional autonomy. Rural and urban areas should be treated equally. The government should provide scientific medical services and education to all people free of charge and stop commercializing education. At the end of memorandum statement, it claims ‘We would like to invite the current coalition government to take immediate action on these demands, which are closely related to the lives of the Nepalese nation and people. If we fail to receive a positive response before February 17, 1996, we would like to inform you that we have to resort to armed struggle against the existing state regime.’Prime Minister Sher Bahadur Deuba scoffed at these demands.On this year, the unprecedented financial turmoil centered on Thailand and gradually spread to the whole of Southeast Asia. Nepal's economy suffered a major blow.Prime Minister Deuba had no time to care about the memorandum and refused to accept the abolition of monarchy and the establishment of a republic. And then, on February 13, 1996, leaflets distributed in the name of the CPN (Maoist) Central Committee appeared all over Nepal, and this leaflet claimed build a new democratic country.On that day, the Nepal Civil War had officially begun.

Children issues.Nepalese children are mired in a decade-long riot that has become a victim of frequent neglect in protracted conflicts, whose predicament has worsened by poverty and abuse. One of the consequences of the conflict is that children’s rights are violated and their daily lives are severely disrupted. According to a 2005 report by a UNICEF child labourer in Nepal, more than 40,000 Nepalese children are estimated to have been displaced during the Maoist riots. Tens of thousands of children were politically indoctrinated by Mao’s short-term abduction. Some of these children were recruited into the Maoist armed forces or militia. Education has been devastated, especially since it was forced to close during the strike, and the school year in some areas has been cut to almost half. Teachers are threatened, attacked and even killed. Schools in conflict-affected areas were used for political meetings and forced indoctrination classes, bombed or attacked, and some were converted into barracks. There have also been reports of mines and other explosive devices placed in and around school buildings, playgrounds. UNICEF and its partners responded by urging the Nepalese parties to ensure that schools and classrooms remain free of weapons and explosives and as a politically neutral zone where children will not be indoctrinated, abducted or harassed or intimidated as political suspects. During the war, the Maoists violate international human rights law, including the continued use of children in the People’s Liberation Army, although the Maoists denied that they were expropriating children under the age of 18. The children were arrested and tortured for being suspected of being associated with the CPN (Maoist), and many teenagers are currently being detained by the state authorities for the anti-terrorism bill. Also, there is evidence that children have been used as informants or spies by the Royal Nepalese Army. Wars and conflicts have claimed many children’s lives and limbs, making them unable to receive education and access to basic health services, and have increased poverty, hunger and disease. The conflict also forces children to be separated from their parents, or to leave their homes, witness war crimes, or become war criminals. When the war is ignited, children often become the first to fall victim directly or indirectly. War has changed their lives in many ways. Even if they are not dead or maimed, they may become orphans, be kidnapped and raped, or witness the death of their loved ones, or suffer from violence and wandering, leaving behind unhealthy limbs and Emotional trauma. At the same time, the social damage caused by war means that children are denied basic services such as education and medical care. Human rights groups say that anti-government forces have kidnapped at least 8,000 children, and schools are the target they like. After these children are kidnapped, they must participate in the "Democratic People's Education" camp for one to three days.

Women rights.Due to the long-term civil war, a large number of widows have appeared in Nepal. Widows are discriminated against in Nepal. In order to change the status quo, the Nepalese government introduced measures. Every male who marries a widow can get a reward of £395.

Signing of the Comprehensive Peace Agreement

The agreement was reached after 14 hours of marathon negotiations. The main content of the agreement is: Since the date of signature, the 11-year Nepal Civil War has been declared closed. On November 16, the comprehensive peace agreement will be formally signed. On November 26, the existing parliament will be dissolved and a provisional legislature will be formed. The Nepal Congress Party will have 75 of the 330 seats in the provisional legislature, and the anti-government armed forces will have 73 seats. The remaining seats will be shared by other small parties. The interim constitution will also enter into force on this day. On November 24th, weapons will be centrally controlled and managed under the supervision of UN agencies. From this day, the anti-government armed forces began to implement "separation of human guns" and "guns and arsenals". All weapons were sealed before November 30. The Nigerian government forces will also seal up the corresponding amount of weapons and equipment under the supervision of the United Nations. On December 1st, a temporary coalition government formed by representatives of the seven-party coalition and anti-government armed forces was formed.

Current conditions

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

Human rights issue after the war

On the 2015, A Danish scholar, Lakshmi, published a series of survey data showing that most women in Nepal are expelled from the room during menstruation, and can only sleep in a simple room such as a cowshed during the menstrual period. Most of these female groups suffer from genital infections or pneumonia. More serious symptoms such as uterine prolapse or anemia appear. Even more frightening is that even women after childbirth can only take care of newborn babies in a simple room such as a cowshed during menstruation. This is also why the neonatal and maternal mortality rates in Nepal are very high. There is also a very serious incident about the situation of women in Nepal - trafficking. There are countless women being trafficked every year in Nepal, and they are usually trafficked to neighboring areas such as India. Because India and Nepal are too close, and there are borders that are not guarded. The incidence of these events is very high. This also reflects the backwardness of Nepal and the attitude towards the status of women. For such frequent trafficking incidents, the government is also difficult to rectify and is also very unimportant. Less than a thousand cases are filed each year because of female disappearance or trafficking. This is simply not true, and 5% of the cases occurred.

Professor comments for chapter 1

This still needs a lot of work, as you know. There needs to be a clearly defined policy problem that is covered clearly by the peace accord. Your background section spends too many words on the constitutional crisis--you need to focus more on the wider social conflict and the problems created by the conflict that your policy will address. You also need to focus more clearly on a specific policy problem, such as specific issues facing women or children (but probably not both) that are covered in the peace accord. Also, you must cite the material that you use and provide an accurate bibliography.

Chapter 2 Policy Alternatives

I. Introduction

National Plan of Action for children Nepal ( 2004/05 - 2014/15)

National plan of action for children is a policy that protecting children right on Nepal from 2004 to 2014. Child rights are realized by UN Convention on the Right of Child ( UN-CRC). After that governments published policies to build up protections for child rights around the world. Before Nepal government formulated National Plan of Action for children NEPAL, Nepal government appealed UN-CRC and formulated National Plan of Action for Children and Development for 1990s, and Nepal had established Nation Plan of Action ( NPA) to work for UN-CRC. The United Nations agencies, international non-governmental organizations, non-governmental organizations and civil society promote children's participation, and the government is gradually aware of the importance of child rights. After that, the plan for protecting child rights was modified several times, and then National Plan of Action for children NEPAL came out in 2004. Implementers are local ministries.

On National Plan of Action for children NEPAL, it was included children health issues, providing education chances for every child, protecting children against abuse, forbidding exploitation and violence for children, and helping children to against HIV/AIDS. This policy apply to all children on Nepal included refugee children, homeless children, and children with disabilities. Also it gives details about what the governmental organization and non governmental organization will do to protect child rights in Nepal.

II. Stakeholder Analysis

The basic stakeholders for this policy included children,non governmental organization, international organizations, governmental organization, and civil society group. As other various socio-economic issues have always been the main concern of the central government.

1. Children

a. Children should have basic human rights in Nepal like education, safety, and health, etc. Nepal is a developing country and has poor financial conditions, and many children live there lack of education chances and enough food. If the government cannot provide help for these children, children’s living conditions will become worse.

b. Child marriage and child soldiers are also serious problems for children who live in Nepal. The Maoist used Child soldiers on the Nepal Civil war, and there are about 3,500 to 4,500 children were recruited and trained for civil war by Maoist military.

2. Governmental organization

a. Ministry of Women, Children and Social Welfare (MWCSW) is Nepal governmental organization to make plans to protect women and children keeping away from sex abuse and exploiting women and children labour forces. Also, MWCSW has a mission that is represent children on Nepal to attend UNGASS and report these children’s current conditions.

b. Local ministries is a key part in this policy, because the NPA rely on local ministries to imply the relevant actions.

3. Non governmental organization (NGOs)

a. United Nation Children’s Fund (UNICEF) is an organization to promote rights every child and benefit for all of them. Also UNICEF has mission to supervise government to protect children who live in Nepal.

4. International Organization

a. United Nations General Assembly Special Session on Children (UNGASS) is held for get report about childrens’ development issues around the world. According to these reports from different countries, Nepal’s Nation Plan of action (NPA) will make out new developmental plan children on the next ten years. On the UNGASS, there are four main parts will be cared. The first is protecting health lives for children that means children should have nutrition for growing up and keep away from infections. The second is education that refers to basic and free education should be provided for children and equal education chances. The third one is avoiding children’s abuse, violence, exploitation, child labour, sex abuse,and child soldiers, etc. The fourth is protecting and preventing children with HIV/AIDS.

5. Civil Society Group

a. Legal guardians. Legal guardians also considered as a stakeholder on this policy, because this policy can provide benefits for them. For example, they can get funding support for children’s daily life, especially for single parent families on Nepal.

b. The Maoist. This policy limited the Maoist to recruit child soldiers on Nepal Civil War, because when this policy was published, the Nepal Civil War was not finished and the Comprehensive Peace Agreement was not signed between the Government of Nepal and the Maoist. So this policy has limitations for the Maoist.

III. Criteria

1.Impact

On this policy, the government of Nepal promised to formulate new laws about child rights and make sure every child live better on this country. The government will provide technical support and financial support to reach the goals that promised on this policy. There are some marked effects were achieved after this policy created.

On health issue part, the government has been working to reduce health care to the community level. The development plan for the health plan system has been adopted and implemented since regular implementation and specific policy measures have been implemented since the Ministry of Health. A huge range of vaccination was used for newborn children, this action has positive results. Neonatal death rate and children death rate under five years old was declined, but malnutrition was still a big problem in Nepal.

On the education part, the government was committed to providing basic universal basic education for all and improving the quality of education. The government is providing and expanding physical infrastructure, educational materials, teacher training and various incentives such as scholarships, school feeding and other support programs to increase enrollment and retention rates.The enrolment rate of boys and girls in primary schools continues to increase.The literacy rate of the population aged 6 and below is higher than 58% (70% for men and 45% for women), of which 84% are 11-13 years old.For a small number of young people entering the job market, vocational training is provided by the Technical Education and Vocational Training Council as an affiliated training institutions and ministries. Non-governmental organizations and the private sector are equally active in providing skills training, but Most vocational schools lack the necessary infrastructure, qualified teachers and adequate teaching materials.

1.Cost

The cost for this policy will be measured by financial, technical,and human resources. To implement this policy, NPA requires collaborative and integrated efforts to implement it. Key stakeholders, including government organizations, development partners, non-governmental organizations and civil society institutions at all levels, as well as parents share responsibility for these children.

On the government budget for this policy, the financial cost included these parts - legal reform, institutional development, health and HIV/AIDS, education, rehabilitation and social reintegration,Protection, and others. All of these actions pay by nation funds, and total plan devoted is 125,820 millions Rupee.

3.Conflict Reduction

The poverty problem in Nepal has lasted for decades and is considered to be a deep-rooted complex phenomenon with no simple solutions to fast and complex phenomena. Economic and government actions have largely failed to meet the expectations of poverty alleviation. In general, women’s poverty is deeply rooted; and it has a greater impact on children. The general difference persists in income distribution, social and economic infrastructure. Due to high poverty, families, communities and governments are not able to invest in children as required.

4.Legal considerations

On this session, child soldiers and child child labor are key meansurement, because these two issure are hard to solve on child rights. In 1998 and 1999, Nepal Labor Force Survey found that 1.879 million children aged 5-14 years were economically active. More girls work more than boys, and the proportion of children working in rural areas is much higher than that of urban exploitation. Inadequate law enforcement, poverty, land loss, illiteracy, long-standing traditions and inadequate understanding of children’s rights, monitoring mechanisms and social security schemes. Lack of administrative and legislative mechanisms to address child labour issues in informal labor.

The Maoist insurgency, which began in 1996, has claimed more than 10,000 cases, including 300 children, and has caused many injuries. It has been reported that Maoists have been recruiting children and youth to participate in their sports. Details and information on the number of children involved are not available. Although the rebellion originated in the western and central and western parts of Nepal, more and more areas are being disturbed and insecure. The country’s development activities are adversely affected, in the case of children.

Sexual abuse, exploitation and trafficking are the main issues of concern for children, and despite the efforts of the Government, this right has not diminished; social organizations. Studies have shown that sexual abuse and sexual exploitation are ubiquitous, including homes, schools, communities, workplaces, and even places in public places. On the other hand, children are reported to be trafficked for sex and sexual behaviour.

5. Ethical considerations

Culture and religion differences will cause different ways on raise up children and obligations for children. In Nepal, a lot of areas are hierarchical, authoritarian and patriarchal until now. The adults on there can not understand why children should get welfare and rights. Also, most of these parents are illiterate and poor, and they are difficult to meet children’s basic needs. Most parents treat boys and girls in a different way. Boys may have better treatment on family life than girls.

6. Moral considerations

Discrimination that included gender discrimation issue,caste, children with disabilities, and religion can be considered as a moral considerations for this policy. On Nepal, Girls’ enrolment rate for school is low, and gender inequality is obvious in schools. Also, for discrimination issues, the school and government policy are lack of guidance for teachers. There is no any instructions to solve this issue that directly lead children with disabilities have less access to education.

IV.Policy Options

There are a number of laws that protect children from all kinds of exploitation except for the basic rights mentioned in the Constitution of the Kingdom of Nepal. However, hundreds of children are being subjected to violence, exploitation, neglect and all forms of abuse and discrimination and are denied their basic rights. Many children live in an unbearable environment – permanently disabled or seriously injured by armed conflict; internally displaced persons; children with natural disasters and migrant workers. Trafficking, smuggling, physical and sexual exploitation and abduction, and economic exploitation of children, even the worst forms, are children’s daily lives, and domestic violence and sexual violence against women and children remain serious problems. Children have the right to be protected from all forms of abuse, neglect, exploitation and violence. For solving child labour issues, children in conflict, children sexual abuse, exploitation and trafficking, homeless children, refugee children, and children with disabilities and children with drug abuse, this policy provided specific ways.

For child labour issues, the government claimed solving child labor issues should start from classify child labor according to the vulnerability of the work.Also, the government planed some interventations to protect children who have to work. Most of the actions and activities that against child labor are directed at the city. Rural areas also need governmental interventions to address the causes and consequences of child labour.

For children sex abuse and violence,the government is working to control sexual abuse, sexual exploitation and trafficking in the commercial sector.Non-governmental organizations are also working to protect, prevent and rescue children who are exploited and abused.

For homeless children, Some non governmental organizations are working to address the problems of street children, such as transit transport housing, skills training, social centers, counseling, food education and family reunification.

For children with disabilities, the government established a special education program.The government has approved almost all declarations that related with children with disabilities and has enacted separate laws to promote their rights. Since the early 1980s, government organizations, non governmental organizations and other civil organizations have been working for children with disabilities. They devoted on special education, skills training and community rehabilitation for children with disabilities. Also they were tried to against social stigma, discrimination and exclusion for children with disabilities. Non governmental organizations conduct such programs and activities across all regions of the country for this group of children.

This policy included promoting rights for refugee children. More than 100,000 Bhutanese refugees living in Nepal have been working in refugee camps in eastern Nepal from the past 10 years. For these refugees, the government of Nepal provided food, education, refugee health and other services. So the refugee children got the same education chances with the local children. And some non-governmental organizations and international non-governmental organizations, such as the British Children’s Fund have been assisting these refugees in Nepal.

V. Criteria matrix (compare options per each criteria)

a. Table (-3 to +3 scoring or some other scoring)

	Health lives	Education	Combating HIV/AIDS	exploitation and violence
Status Quo	+1	-2	-2	0
government	+1	-2	-3	0
Non governmental organization	+2	+2	+2	0
Civil Society groups	+2	+1	-2	0
children	+1	0	0	-1

Professor comments for chapter 2

This needs a lot of work. You have the basic idea of the policy but you don't provide any clear policy options. It seems that you are analyzing an existing policy option, the National Plan of Action, but that is the plan that you presumably think is not working well enough. Search for other policies that might achieve better outcomes for children and that would reduce the likelihood of conflict.

Chapter 3 Policy Recommendation

Nepal children’s life conditions are concerned by international organizations and the government of Nepal, especially the Nepal Civil War was kroken out on 1996. Many children were recruited as child soldiers to join the war. The international organization UNICEF appealed to protect child rights in Nepal. Also, the government responded to this call and made out National Plan Action. Nepal National Plan Action for children from 2004 to 2014 that focused on education, health issues, child workers, child marriage,child abuse, and child soldiers, etc, even children with disabilities was included on this plan. On the National Plan Action for children, the government listed out a series of solutions for how to protect child rights and how much the government will support for these children. Also, it mentioned the nation will provide enough nutrition and basic vaccine for all children.

The main purpose for this national plan action for children is making sure child rights was developed, protected, and improved, and the government can make a new plan for the next National Plan of Action for Children. There some other possible purposes that may exist for this policy. The first purpose for this policy solution was considered children living conditions on Nepal that caused by civil war. The primary problem for children on the war is safety. As a child, they should accept the education on the school rather than fight on the war. The second purpose for this policy was protected this nation’s future. Children as the next generation of the nation can decide the future nation’s development. In the before, the neonatal death rate was high on Nepal that directly affect the populations on this country. If the children cannot be protected as well, the future is nonsense. So the policy for protecting children healthy issue is necessary. The third purpose for this policy solution was affected by international organization like UN-CRC. The government of Nepal has pressures from international organizations, because these organizations will consemn.

On the chapter 3, I will focus on education on the Nepal, because child education is a key point on the NAP for children, and the government of Nepal created a plan called Nepal School Sector Reform Plan 2009 - 2015. There are two types of primary education in Nepal: public education and private education. Public schools are exempt from various tuition and fees, and private school fees are paid by the students themselves. The government provides textbooks for grades 1-3 free of charge. Boys in remote areas and girls in grades 4–5 also enjoy free textbooks. From the gender equality aspect, the reason for Nepal’s backwardness is gender inequality, which will further exacerbate gender inequality. In Nepal, boys are seen as the backbone of a family and a community. After receiving education, boys can easily find jobs in society, but the future of girls is hard to predict. Therefore, in the face of boys and girls, parents will first consider giving the right to education to boys, so that girls are far less likely to be educated than boys. This awareness has been ingrained in Nepal since ancient times, but the women at the bottom of Nepal have actually begun to wake up. This situation shows that there are still serious inequalities in Nepal education, so the government wants to use plan to solve and reduce this education inequalities.

In 1919, the then Prime Minister, Chandra Sumcher, established the first college in Nepal's history - Terry Chandra College. In 1961, Nepal implemented the parliamentary system, established the National Education Council of Nepal, implemented the Education System Plan, and introduced the American university system. In 1971, Nepal implemented the first five-year plan for education development, which enabled the National Board of Education to increase the number of schools and enrollment. In 1990, Nepal resumed the multiparty system and established the National Board of Education to encourage private schools to promote the rapid development of education in Nepal. However, the heavy educational history has led to many educational problems. In terms of secondary education, the national average enrollment rate in 1997 was 39.4%. Girls who under the constraints of traditional ideas have fewer opportunities to receive education. In school, the proportion of female students is only 1/3. Less than 24% of girls are admitted to pre-university schools or colleges through the National Unified Examination. In Nepal, a certain number of children are marginalized or discriminated because the language, lifestyle or culture is incompatible with the mainstream population and the basic human right to education cannot be enjoyed.

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

The Nepal school reform plan introduced new reform features based on the new domestic conditions and the new international situation in the policy content, such as the structural restructuring of school education institutions, focusing on the improvement of the quality of education and teaching and the institutionalization of educational execution responsibilities. The program aims to improve the efficiency of policy implementation by providing and improving the school's service hardware and software facilities, and to ensure the efficiency of the results to ensure that all school-age students have access to education. Among the school reform measures, the Nepal Ministry of Education has also taken many measures to improve the quality of existing school education services. The overall goal of these measures is to improve the overall quality of school education and to enhance the relevance of each stage of school education. The 2009-2015 School Reform Plan covers all aspects of the school's teaching life. It is divided into four parts. The first part is the preschool education. The second part is the primary and secondary education. The third part is vocational and technical education. The fourth part is the professional development of teachers.

For the preschool education part, the National Education Act sets out the overall goal of preschool education that is to protect all children of school age and protect their right to education. It made out a foundation for the implementation of the preschool education policy in the school reform plan. According to the Act, the government of Nepal divides the goal of preschool education into three levels. Each level is comprehensive and detailed, and the relationship is progressive. The first level is the policy is aimed at all Nepal children and mainly related to the personal growth and development of young children. It focused on promoting children on the comprehensive development of intelligence, sports, ethics and other aspects. Also, it promotes the healthy and healthy growth of the body, especially the coordinated and balanced development of the body and the mind. These actions are basic needs for the children to receive further education in the future. The second level is specifically targeting the vulnerable groups of young children and adhering to the principle of fair and equitable education. Pre-school education is open to the general public included socially disadvantaged groups such as young children with low caste status, female children, and disabled children. The third level explored from the perspective of early childhood development and lifelong education. It makes sure to provide quality, efficient and level preschool education services for the whole society and make prepares for preschool children to enter into primary education schools in the future.

According to the relevant regulations of preschool education in the 2009-2015 school reform plan, the content of preschool education is divided into the following three aspects. First, the plan mentioned make full use of the comprehensive advantages of both school kindergartens and community kindergartens. There are 24,773 preschool education institutions nationwide. Among them, 11,890 school child care centers and the rest of the community early childhood education centers must fully cooperate with the implementation of the preschool education policy that included the characteristics of the children's center in the community, the large number of students, the flexibility of running a school, promote the steady and healthy development of preschool education. Among them, in the new social environment, the government must pay attention on the role of private preschools in the development of early childhood education. Second, the plan emphasized the role of government departments and said the role of government departments are leaders, because they need to set up specialized agencies to coordinate and solve various problems and contradictions that may arise in preschool education policies. The committee is part of the relationship and role of the Ministry of Education of Nepal and is responsible for providing specific planning outlines and implementation rules for the implementation of pre-school education policies. The National Planning Center should set up a coordination committee to adjust the contradictions between the cabinets and institutions, resolve the contradictions from all parties in the implementation of the policy, and ensure that the preschool education policy can be smoothly and vigorously promoted. Third, the plan mentioned the fairness of education. The principle of avoiding the emergence of discrimination or effectively reducing the incidence of discrimination. Preschool education policy should pay attention to maintaining the balance of supply and demand of young students' students, and reduce the contradiction caused by insufficient students or excessive students. The preschool education policy also stipulates for vulnerable populations and groups in the local area, such as ethnic minority children, female children, disabled children and children with low caste status such as Dali special surnames. All of alll, all stakeholders and relevant responsible institutions should adhere to the principle of fairness and justice in the implementation of pre-school education policies, in order to effectively avoid various types of discrimination and remove social barriers for the promotion of preschool education policies.

For primary and secondary education aspects,according to the relevant regulations of the 2009-2015 school reform plan, the concept of primary education in Nepal can be divided into the following six aspects. The first is emphasizing the comprehensiveness of primary education audience, the popularity of education, and compulsory education. The target audience of free quality education is All children aged 5-12 in Nepal. All Nepal children in the 5-12 age group will be required to receive primary education in accordance with the requirements of the Nepal compulsory education law, and may have the right to rise after completing the prescribed studies.The second is primary education should pay attention on protecting and inheriting the traditional culture and national culture. In the classroom of primary education, it is necessary to ensure that all students have equal access to education rights, and native language should be emphasized. The third is primary education focuses on the individual needs of each student. The school should set different learning methods for each student according to individual differences and different needs of the students.Teachers should pay attention to each student's self-learning ability and maintain their learning rhythm. The fourth is building up the evaluation system for students. All 5-12 year old school age student groups will be conducted continuous and long-term evaluation that can prevent, find, and solve problems for young students. The fifth is putting education safety in an important position in primary education.The district departments and the local government should jointly assume the responsibility of students' safety. The quality of the school should be strictly controlled, and the responsibility of the school should be strictly supervised. The sixth is increasing government financial input and reduce tuition fees, establish and implement a scholarship system. Tuition fees and a variety of complicated exam fees are free, reducing the number of dropouts caused by poverty. For certain vulnerable groups like low-skilled students, female students, students with disabilities, etc, it is necessary to implement various scholarship systems involving different groups to promote the enthusiasm of all school-age students to receive primary education.

According to the government report for the Nation Education Plan, as of 2010, the implementation of the pre-school education policy is as follows - 87% of the four-year-old children enjoy the welfare of the pre-school education policy, the quality of all pre-school education centers has reached the operating standards of pre-school institutions, and 64% of the successes Children entering primary school have a pre-school education policy. As of 2010, the primary education policy has the following achievements. The net enrolment rate for the first grade is 94%, and the net enrolment rate for the eighth grade is 66. The overall enrollment of primary school rate is 99%, and the overall enrollment rate of primary education is 85%. It meets the minimum standards for the construction of 19,500 new classrooms and the minimum standards for the renovation of 13,000 classrooms. Also, it establishes 100 new classrooms for special education to meet students with disabilities. 175,000 students with disabilities receive scholarships, 300 schools have libraries and laboratories, 625 traditional schools have upgraded school levels, 95 textbooks have been compiled into different languages, and more than 7,500 schools have implemented language education.

Preschool education is an integral part of basic education in the school education system. However, many problems have arisen in the implementation of the preschool education policy of the 2009-2015 school reform plan, which has become a challenge that has to be faced. The first is difficult to find qualified and competent early childhood education service organizations. Nepal is a country with very limited human and material resources, so it is more difficult to integrate government technical support into service organizations. Second, it is difficult to guarantee the quality and effectiveness of the implementation of preschool education programs. Although there are relevant minimum quality standards in the project, in fact, the standards are difficult to operate. For example, “policy regulations require kindergartens to meet minimum standards, but this standard is not clearly defined. The third issue is that the principle of fairness is difficult to implement in policies. Although the policy emphasizes the importance of preschool education on economically underdeveloped regions and vulnerable regions, but in the process of policy implementation still put more efforts on developed regions and advantageous regions. It is difficult to get real attention in poor and remote regions, and education fairness is difficult to obtain effective guarantee.

There are some challenges on developing primary and secondary education in Nepal. In the 2010 Millennium Plan report, the United Nations stated the implementation of fully developed primary and secondary education for students can lay the foundation for children to get higher education. However, in the implementation of primary and secondary education policies, Nepal faced with many difficult problems. The first challenge is that the resource allocation of policies is not as efficient as expected. In the 2009-2015 school reform plan, when there is insufficient education funds, the allocation of resources is delaying and unreasonable. In the process of allocating the scholarship for the martyrs’s children, it has strictly confirm about their identity, and this process takes half a month or more. The scholarship is not paid on time, which affects the implementation of the policy. The second challenge is that discrimination often occur, and education is difficult to be truly fair and equitable. Students come from different regions and ethnic groups, and have different cultural and life backgrounds, especially for those in economically underdeveloped areas.Some students have disabilities or carrying with HIV, and they are inevitably being excluded and discriminated against. These children are obviously more introverted and affect their achievements. How to change the discrimination attitude of other students towards these special groups is also a difficult problem to solve. The third challenge is that public schools, as the main body of primary and secondary education policy implementation, play an important role in the development and advancement of the entire education, but they faced serious problems like school support is limited because of lack of government funds. The public schools have insufficient developmental stamina. As the public's trust for public schools is gradually reduced, and many students choose to attend private schools. So how to make the public trust the public school is also an important issue.The fourth challenge is difficult to implement the concept of developing individual education for each student. Although the policy emphasizes the individuality of students, teachers are required to formulate different teaching plans according to the individual differences of students. In the implementation of policies, it is difficult to achieve. The number of teachers in the school is very limited. Once the teacher's teaching tasks are aggravated, the teachers have no time to take care of the students in the class, which makes the teachers unable to teach according to the needs of each student. Personalized student training model is difficult to implement. The fifth challenge is that the corresponding responsibilities within the school are difficult to supervise and the phenomenon of dereliction of duty exists. There is sometimes a phenomenon between the department and the department of the school to shirk its responsibility. How to let all departments do their part and work together, this is also a difficult problem to be solved.

In fact, in the formulation and follow-up of the 2009-2015 school reform plan, the government, society, schools, families and individual students have made a lot of efforts. In preschool education, primary education and secondary education, there are specific. The policy objectives and contents have detailed policy implementation process. This plan has positive achievements in education implementation, but various challenges that need to be faced. As one of the countries with weak economic and educational development in Asia and the world, Nepal's overall educational development is in a transitional period. The role of educational must get effectively implemented that can make sure nation developing in the future.