Introduction
Established in 2006 as a national NGO under the leadership of Muslim women, the Nepal Muslim Women Welfare Society (NMWWS) has been at the forefront of advocating for the human rights of Muslim women, girls, and marginalized Muslim communities in Nepal. The organization’s core mission is to promote the participation and representation of Muslim women at all levels of government. As a leading national-level organization working for marginalized Muslim women and girls, NMWWS collaborates with provincial and local stakeholders, including Muslim religious leaders, faith-based organizations, and Muslim Women Human Rights Defenders (MWHRDs).
Following the submission of Nepal’s Seventh Periodic Report to the CEDAW Committee in July 2023, NMWWS has prepared a comprehensive shadow report for the Committee’s Pre-Sessional Working Group in February 2024. This report highlights the specific challenges faced by Muslim women and girls from marginalized backgrounds and aims to draw attention to the need for their increased representation and participation in Nepal’s political, social, and economic spheres.
Participation and Representation: Articles 7 and 8
The Constitution of Nepal recognizes Nepali Muslim people, including Muslim women, as marginalized communities, with Article 18 (3) explicitly prohibiting discrimination on various grounds, including religion, ideology, sex, and language. Despite this constitutional protection, Muslim women’s participation in political and public life remains significantly limited.
The government of Nepal has established a National Muslim Commission (NMC) to protect and promote the human rights of Nepali Muslim minorities. However, the representation of Muslim women within this and other Constitutional bodies is negligible. For instance, there is no Muslim woman representation in the National Women Commission, National Planning Commission, National Human Rights Commission, Madhesi Commission, or National Inclusion Commission.
The lack of representation is further exacerbated by the discriminatory attitudes of policymakers, government officials, and even members of the Muslim community, including men. This discrimination severely restricts Muslim women’s access to political and public life, hindering their ability to participate in government and Constitutional bodies effectively.
Challenges and the Way Forward
Muslim women in Nepal continue to face intersecting and multiple forms of discrimination, which significantly impacts their right to participation. Despite the Constitution’s provisions and Nepal’s commitments under international human rights treaties like CEDAW, the reality is that Muslim women and girls are largely excluded from decision-making processes at all levels of government. The Seventh Periodic Report highlights the fact that while women hold 41 percent of positions in local governments and 33 percent in parliamentary elections, Muslim women’s representation remains minimal.
NMWWS urges the CEDAW Committee to ask the government of Nepal critical questions regarding the measures taken to ensure the 33 percent participation of Muslim women in government and Constitutional bodies, strategies to enhance their participation in international positions, and programs introduced for the leadership development of Muslim women and girls.
Education: Article 10
The Constitution of Nepal guarantees compulsory and free education up to the secondary level, with special provisions for women in education, health, employment, and social security. However, the reality for Muslim girls, particularly those from marginalized backgrounds, is starkly different.
Due to fear of gender-based discrimination, many Muslim families prefer to send their daughters to Madrasas (Islamic schools) rather than government schools. However, Madrasa education in Nepal faces significant challenges, including poor quality education, lack of a unified curriculum, and inadequate teacher training. Moreover, the education provided in Madrasas does not receive the same legal recognition as government schools, limiting the opportunities for Muslim women and girls in employment, skills development, and other fields.
Call to Action
NMWWS calls on the CEDAW Committee to address these educational challenges by questioning the government of Nepal about the steps taken to ensure the quality of Madrasa education, support the livelihoods of Muslim women and girls who studied in Madrasas, and reduce the dropout rates of Muslim girls in government schools. Additionally, the Committee should inquire about the progress made in formulating the Madrasa Education Act, which is crucial for integrating Madrasa education into the national education system.
Conclusion
The NMWWS’s shadow report serves as a critical tool for advocating for the rights of Muslim women and girls in Nepal. By highlighting the significant gaps in their participation and representation in government, as well as the challenges they face in accessing quality education, the report aims to push for meaningful changes that will empower Muslim women and girls to claim their rights and fully participate in all aspects of society.