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Sapana Pradhan Malla

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Biographical data form of Ms. Sapana Pradhan-Malla
Candidate from Nepal to CEDAW
Name and first name
Pradhan-Malla, Sapana
Date and Place of Birth
15 November 1963; Nawal Parasi, Nepal
Education and qualifications
• Masters Degree in Comparative Law (MCL), University of Delhi, India, 1990
• Bachelors Degree in Law, Tribhuvan University, Kathmandu, Nepal, 1987
• Advocate, Supreme Court of Nepal, 1987
Working languages
Nepali and English
Current positions held
• Member of Constituent Assembly of Nepal 2008-2010;
• Advisor, Committee on Violence Against Women 2010, Office the Prime Minister;
• Chair of the Executive Board, Equality Now;
• Member, Forum for Women Law and Development;
• Board Member of International Women’s Rights Action Watch Asia Pacific. Organization facilitates the implementation of women’s rights through CEDAW;
• Member of Advisory Board, Regional Network of SAP International on Violence Against Women in Politics.
Selected Professional activities
• Member of Constitutional Committee (drafting committee) within Constituent Assembly vested with the responsibility of finalizing of Constitution.
• Member of Legislation Committee in Parliament that scrutinizes the Bills and makes necessary improvements before they are finally adopted by the House. Played leading role as a coordinator in the technical committee to adopt the Domestic Violence Act 2007.
• Engaged and contributed significantly in drafting of various Bills including Anti Sexual Harassment Bill; Gender Equality Amendment Bill; Country code 11th Amendment Bill and Anti Human Trafficking Bill. Worked as a member of the High Powered Committee to Amend Discriminatory Law against Women, Government of Nepal, 2001.
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• Worked as a Public Interest Litigation Lawyer in almost all of the leading cases related to gender discrimination in Nepal invoking the state’s obligation as a State party to the CEDAW that led to the issuance of orders by the Supreme Court of Nepal for reforms in laws and practice on range of issues, such as marital rape law, inheritance right for women, confidentiality of affected persons.
• Provided Legal Aid to victim of sexual violence, social and cultural violence and denial of various rights including right to property as a active member of Nepal Bar Association and FWLD
• Involved in continues advocacy for law reform, law enforcement, access to justice, for changing the prejudice and stereo typed mindset, for creating institutions and allocation resources for de jure and de facto realization of the rights.
• Actively engaged in advocacy for the use of CEDAW as a tool for empowering women. And also involved in the advocacy for the ratification of Convention on the rights of the persons with disabilities 2006, OP to CRC and UN Convention against Transnational Organized Crime 2000.
• Lecturer, Nepal Law Campus, Tribhuvan University from 1992 to 1994. Guest Lecture provided in various national and international institutions and Universities, including the Harvard Law School.
Selected regional and international works
• Undertook research study on Laws and Legal Procedures Concerning the Commercial Sexual Exploitation of Children, a Regional Study (CSEC), ECPAT/PLAN 2004;
• Contributed in a Asia Pacific Regional Paper on “Women, HIV and Human Rights”, UN Office of the High Commissioner for Human Rights 2004 ;
• Engaged in developing measures required to implement SAARC Convention on Preventing and Combating Trafficking in Women and Children for the Purpose of Prostitution for SAARC Secretariat with UNIFEM SARO 2002.
• Reviewed Anti Trafficking Legislation for UNICEF Afghanistan 2007, Evaluated gender and justice project UNIFEM Afghanistan 2005, Developed methodology for study on legal and policy framework for trafficking law reform in Mongolia 2003.
• Study to analyze impact of the strategies on violence against women in Asia Region for United Nations Division for the Advancement of the Women 1998;
Other activities related to the mandate of the treaty body concerned (CEDAW)
Over the last fifteen years I have been involved in building capacity for the implementation of CEDAW and have worked with governments, NGOs and International Organizations. Details are as follows:
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• Coordinated advocacy campaign for ratification of OP to CEDAW 2002-2005;
• Coordinated for the preparation of Nepal’s Action Plans on CEDAW, 2004;
• Coordinated preparation of NGO Shadow Report to CEDAW Committee vis a vis the Initial Report of Nepal under the CEDAW in 1999 and the Second and Third Periodic Reports in 2004;
• Undertook consultancy mission through OHCHR to provide technical inputs to the Government of Cambodia for preparation of its Report under the CEDAW 2002;
• Coordinated the development of Plan of Action and Monitoring Indicators for implementation of Concluding Comments of the CEDAW, UNIFEM , Nepal 2002 ;
• Conducted study on the implementation status of CEDAW, Center for Feminist Legal Research, York University, Canada 2000
• Involved in peer Learning of South Asian Governments on CEDAW, In capacity building of women’s group, journalists, lawyers, judges, governments on CEDAW ;
• Participated in negotiation and drafting of OP to CEDAW 1998-1999.
Selected recent publications in the field
1. Engendering the Constitution of Nepal, Nepal Bar Council 2008;
2. Author of Chapter on Nepal in Legal Identity for Social Inclusion, Asian Development Bank 2006;
3. Discriminatory Laws in Nepal and their Impact on Women , FWLD, updated in 2006;
4. Child Marriage UNIFEM/FWLD 2006
5. Sex Equality-Approaches and Judicial Intervention, Supreme Court, 2006;
6. IWRAW Asia Pacific Occasional Papers on Women’s Right to Nationality and Citizenship 2006& Sexual Harassment in the Workplace 2005;
7. Citizen’s without Rights: Nepal Gender and Social Exclusions Assessment, 2005, DIFID/The World Bank,
8. Author, Chapters (Access to Justice and Personal Security and Minimizing Corruption and Government Accountability), Promoting Pro-Poor Governance, DIFID, 2000.
9. Inheritance Right of Nepali Women: Journey Towards Equality, IWARW- Asia Pacific/FWLD 2004;
10. Special Measures for Women and Its Impact , FWLD 2003;
11. Co-author in Abortion in Nepal: Women in Prison, CRLP 2002;
12. Sexual Harassment at Workplace in Nepal for ILO 2001;
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13. Effectiveness of the Existing Laws and Institutional Mechanisms on Trafficking of Women in Nepal, UNIFEM /FWLD, 2000.
Award
2008 Recipient of Gruber International Women’s Right Award given by The Peter and Patricia Gruber Foundation for advancing gender equality
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