The CEDAW SHADOW REPORT 2011

The UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is a unique instrument as it is formulated on the principle of equal rights between women and men in the private and public spheres.  Furthermore, it recognizes the fact that women's unequal position is socially constructed. This convention draws attention to the discrimination against women and includes one article to the definition of discrimination.  It also makes provisions for corrective measures to be taken to redress not only present discrimination but also the effects of past discrimination.  It further obligates governments to mandate development for women through a framework of legal rights; thereby it provides a mechanism for accountability.

The basic principles of the Convention are equality between women and men, non - discrimination, state obligation to eliminate discrimination, the conformity of domestic law and development policy with the standards prescribed by the Convention, have to be promoted at all levels by government, the legislature and among development practitioners.

CEDAW was ratified by the government of Nepal on 22nd April, 1991. This is the only effective instrument we have in order to eliminate all forms of discrimination and work towards development. The reporting process, through which initial and periodic reports are reviewed by the CEDAW committee, is a monitoring mechanism that establishes the government's accountability to implement the Convention.  After reviewing the report, the Committee is authorized to issue Concluding Remarks and raise questions on the status of women as per the information provided by the NGOs or individuals.

The Government of Nepal has submitted its initial report in 1998, which was due since July, 1992 and presented the report in June 1999. FWLD coordinated and prepared a shadow report in coalition with a group of NGOs and submitted it to the CEDAW Committee members with the collaboration from IWRAW AP and also participated with an NGO delegation in constructive dialogue process. Subsequent to the initial report, FWLD in coordination with other NGOs has also prepared the shadow report for the 2nd and 3rd Government report which was submitted in 2004 and also coordinated constructive dialogue process and follow-up activities. FWLD also conducted implementation status of CEDAW and Concluding comments with the support from UNDP and UNIFEM. And also prepared monitoring indicators for the follow up and develop strategies for the implementation of Concluding comments.

FWLD is also an organization working for monitoring and effective implementation of CEDAW. It has already filed more than fifty cases to make laws in Nepal consistent with CEDAW framework. Such action is based on research and advocacy based on discriminatory laws and weak implementation of laws. It has also been working not only to improve the law but also for the practical realization of right with the creation of institution, allocation of resources and changing the mindset. At present FWLD has been using CEDAW as a framework and doing advocacy to translate the principle of non discrimination and equality in upcoming constitution.

FWLD is  proving secretariat to CEDAW  Monitoring Committee
(CMC)  and also a Coordinating body of CEDAW under the Treaty Monitoring Committee (TMC) Coordinated by INSEC

Preparation of the shadow report and process followed.

The present Shadow Report (4th and 5th periodic report of the Government) is being prepared for the third time .The Government of Nepal has submitted its Fourth and Fifth Periodic Report on July 2009. NGO have prepared a Fourth and Fifth Combined shadow report in coalition with a group of NGOs. A diverse group has been engaged in preparation of shadow report not only on each article of the CEDAW but also includes migrant women workers, dalit women, religion, culture and women , single women , women and sexuality ,women in media, women with disability, women peace and security, violence against women in politics, indigenous women issues as an emerging issues and already submitted to the CEDAW Experts through IWRAW AP.
The Government Report was due in 2008 but was delayed. The 4th & 5th Periodic Report has been submitted to the CEDAW Committee by the Government of Nepal in 2009.
As a parallel process within the civil society, a preliminary meeting held with CEDAW sub-committee of the Human Rights Treaty Monitoring and Coordination Committee and CEDAW Monitoring Committee (CMC) had decided that FWLD would undertake the role of coordinating the Shadow Report Writing process. Other member organizations responsible for coordination at the regional levels were identified to be as follows:

• Eastern region- Jagaran Nepal
• Mid region- WOREC
• Western region- Sancharika Samuha
• Mid Western region- NGO Federation
• Far Western region- LACC

INSEC was vested with the responsibility of facilitating the over-all regional meetings as it had its branches in all the regions with focal persons in each district.
Year 1 of the project was planned to involve formation of writing groups and the actual writing of the report. This was to be followed by five regional consultations and a national consultation. The Report was planned to be submitted to the UN CEDAW Committee with the technical assistance of IWRAW Asia Pacific during the month of July 2009. Year 2 of the project has been planned to involve strategic planning meetings, collaborating with IWRAW for lobbying and the final participation in the report preparation. After Concluding Comments on the Government Report are given by the Committee, we wish to carry out follow-up activities such as translation and publication of concluding comments in Nepali, publication of demystifying materials on Concluding Comments and follow-up with the CEDAW Committee.
The actual Shadow Report process was initiated in mid-July 2008. Advertisements were brought out in English and Nepali national dailies calling for interested organizations to join the Shadow Report preparation process. With overwhelming response from civil society actors, the “CEDAW Shadow Report Preparation Committee” was formed with over 40 organizations in the umbrella network writing on a total of 19 issues to be incorporated in Report. Out of the 19 issues, approximately 6 were identified as emerging issues to be considered in the context of current transformations taking place in the country. Some of these issues were, religion, culture and women; women, peace and security; women and sexuality, women with disabilities etc. 
On completion of a series of meetings, compilation of updated data and case studies, and regional consultations with stakeholders, the Preparation Committee submitted drafts for all the 19 issues mentioned above, therefore creating the first draft of the Shadow Report. The National Consultation on 4th and 5th Periodic Report of the Government of Nepal on CEDAW was held on the 25th and 26th of December 2009 for the two days at Hotel Himalaya, Kupondole, Lalitpur. The program was attended by the participants representing different organizations, civil society actors from all five regions of Nepal. These participants represented a variety of categories such as Girl Child, Woman with Disabilities, Dalit Woman, Muslim Woman and Woman from Marginalized Group from all over the country.

However, since the very purpose of writing a Shadow Report is to point out the incongruities in the Government Report, the overall work relating to the finalization of the Shadow Report has been delayed beyond the initial deadline of July 2009 due to the delay in the finalization of the Periodic Report to be submitted to the government.

NGO shadow report covers steps to be taken by the government in future to improve the situation of women in Nepal.The Objective of the Shadow Report is to highlight the situation and issues of women which needs to be addressed in Nepal The shadow report cross checks the report submitted by the Government of Nepal.  We feel that the information has to be disseminated on a large scale in the country, from the policy to the grassroots levels.  The shadow report will not only provide information but it will also form a working document which provides information on actual implementation of CEDAW at the national context.  NGOs working in these issues can also use this as a advocacy document. It will also be useful to monitor the Government's actions in the future, in view of its commitments and obligations through the recommendations and concluding remarks.