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Center of Legal Service(CLS) (Adv.Sarmila Shrestha)

Hours Open:
Monday:
9AM- 5PM
Tuesday:
9AM- 5PM
Wednesday:
9AM- 5PM
Thursday:
9AM- 5PM
Friday:
9AM- 5PM
Saturday:
CLOSED
Sunday:
9AM- 5PM
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Practice Area: Public Interest Lawyer Human Rights and Social Justice

Education & Qualification:

• Master of Laws LL.M. (2004), University of Pune, Maharastra, India
• Post Graduate Interdisciplinary in Women’s Studies with 1st Class (2004), Women’s Studies Department, University of Pune, Maharastra, India
• One Year Post Graduate in Women’s Studies (2002), Padmakanya Campus, Tribhuwan University, Kathmandu, Nepal
• Bachelors’ Degree in Law (B.L.) (1999), Nepal Law Campus, Tribhuwan University, Kathmandu, Nepal

Experience:

• Conduct socio- legal research
• Provide legal aid and consultancy, prepare litigations, case, plead in the courts, provide legal opinion, on areas Constitution, criminology and penology and business.
• Conduct training, carry out training needs assessment and evaluation of the program, conduct advocacy on protection and promotion of human rights, community development, social justice and accountability

Training:

SN Areas Institution Date
From To Duration
1. International Consultation on Issues of Interfaith Peacebuilding: The Need for a Gender Perspective” Cyprus
Women Peacemakers Program (WPP)
International Fellowship of Reconciliation (IFOR), The Netherland 13th 15th Sept 2010 3days
2. Regional Training of Trainers, on Human Rights, South Asia Level at Nepal, Sri Lanka Equitas (International Centre for Human Rights Education), Canada 25th July 30th July. 2010 1 week
3. Summer Peace Building on Conflict Transformation across Culture World Learning SIT Graduate Institute, USA 2nd June 20th June, 2008 3 Weeks
4. International Human Rights and Child Rights Training Program Equitas (International Centre for Human Rights Education), Canada 10th June 29th June 2007 3 Weeks
5. Professional Writing Skills (Proposal and Report) Training MSR Development Support Institute 21st Feb. 26th Feb. 2006 1 Weeks
6. Training of Trainers on Concept of Masculinity to end Violence against Women and Children Pro Public, Godavari, Lalitpur 20th Dec. 23rd Dec. 2005
4 Days
7. Training on Social Marketing and Social Audit SARI/Q, New Delhi, India 26th Sept. 28th Sept. 2005 3 Days
8. Training of Trainers on Judicial Education and Equality Issues Sakshi, New Delhi, India 11th Sept. 12th Sept. 2004 2 Days
9. Community Development through Social Mobilization, Women Institution Development & Leadership Development Training Friends of Sankhu (FOS). 1999 2001 Many Times
10. Stress and Conflict Management Training German Development Service (DED) 13th Sept. 15th Sept. 1999 3 Days
11. Gender Sensitization Training German Development Service (DED) 18th May 19th May 1999 2 Days
12. NGO Management Workshop Training Save the Children UK 21st Dec. 28th Dec. 1997 1 Weeks
13. Women Lawyers Monitoring Project Training Legal Aid and Consultancy Center (LACC) 27th Feb. 29th July 1994 6 Months

Career History:

Experiences (1996- 2012)
1. President, Justice for All:
• Providing legal aid and service to victims of domestic violence since 2010 onward.
• Conducting capacity development program, conducting research and publication.
2. Worked as Pleader since 1996
3. Practicing as an advocate, Canter For Legal Service (CLS) since 2001 in different areas of cases including civil, criminal, labour, banking and business case and leading the case of public interest cases are another areas of practicing.
4. Forum for Protection of Public Interest (Pro Public), Kathmandu, Nepal (2005 – 2009)
As Public Interest Litigator:
• Provide legal aid and opinion
• Conducted legal research to indentify issues for the public interest litigations,
• Drafted petitions, written reply, lawsuits, pleading notes, legal counselling
• Pleaded in the Supreme Court including other lower level courts
5. Cases (PIL) developed and pleaded for protection and promotion of human rights, social and gender justice, good governance, fiscal discipline, rights of exclusive groups and community and etc.
6. Draft the Gender Model Constitution:
Program Coordinator and Member of the Expert Team of the Project of Deepening Democracy, Women’s Participation in Peace and Politics, Engendering the Constitution, Pro Public with support of UNIFEM between July 25th, 2008 and 8th March- 2009.
• Prepared concept notes to Draft Model Constitution, drafted and finalized the provisions of Model Constitution.
• Reviewed domestic and foreign constitutions from women’s human rights and gender equality perspective.
• Coordinated and facilitated to conduct five regional and three national consultation meetings with lawyers, journalists, social activists, police officers and members of Constituent Assembly to discuss on the Draft Model Constitution.
• Analyzed the suggestions collected through advertisement from general people of Nepal.

7. Gender Sensitization for Law Enforcement Agencies including Judges and Public Prosecutors
Program Officer, Pro Public (from 1st January, 2005 to August 2006) in the South Asian Regional Initiative/ Equity (SARI/Q) Program
• Coordinated the human rights and gender equality and justice related 5 regional and national level interaction programs for judges and public prosecutors in coordination with National Judicial Academy, Judicial Council Secretariat, the Office of Attorney General and the Supreme Court
• Conducted law and policy research to identify issues for advocacy and preparing writ petition for promotion of women’s rights and gender equality.
8. Legal Aid and Education Program
Program Coordinator, Community Legal Consultancy Service Center and Literacy Program, Friends of Sankhu, Kathmandu, Nepal since January 1997 to May 2002

• Provided legal aid and services to the victim of violence .
• Designed, planned and implemented all the project activities
• Conducted monitoring and evaluation of the entire activities of the program
• Mediated the cases where the interests of affected women’s issues are involved in coordination with women saving groups, VDC leaders and local police.
• Involved for formation of women saving and credit groups at local level
• Involved for community Development through social mobilization.
9. Masculinity and Violence against Women:
• Involved as resource person for conducting training to male group and women’s saving and credit group on Role of Male to Stop Gender Based Violence in Kathmandu and Lalitpur, Justice for All (J4A) 2012
• Worked as Focal Person at Pro Public to conduct Consultation Program to collect feedbacks on National Work Plan prepared by Ministry of Peace and Reconstruction to implement UN Resolution No. 1325 and 1820, Dhangadhi, Kailali, 20th July, 2010
• Coordinated the Training of Trainer on Concept of Masculinity to end Violence against Women & Children, Pro-Public in coordination with UNIFEM/Nepal and Save the Children Sweden/Nepal (December 2005)
• Involved in White Ribbon Campaign in the 16 days of activism since 2005 to date.
10. Research, Review and Analysis
• Conducted research on practice of in Camera Hearing in Nepal, UNDP, 2013
• Conducted legal research to study on Cross Sectional Analysis of Relevant Act and Regulation to respond to cases of Fraud and Deception in the Process of Foreign Employment, UN Women, 2012
• Worked as National Consultant for legal research on Women’s Lack of Access to Safe Contraception in Nepal (2011), Centre for Reproductive Rights, New York, US
• Worked as National Consultant to review evaluation reports carried out for National Human Right Commission (NHRC) by various projects and international mission, (January 2011), Office of the High Commission for Human Rights (OHCHR- Nepal)
• Conducted research for the needs assessment to develop Gender Empowerment Program, (2010), Forum for Community Development (Codef), Kathmandu
• Conducted a legal research and facilitated for court observation from human rights and gender justice perspectives, Pro Public, 2006
• Coordinated for the analysis of judgments and charge-sheets from human rights and gender equality perspective where cases were related to sexual violence against women and trafficking of human of District Courts of Nepal, Pro Public, 2006.
• Coordinated and collected the cases delivered by the Nepali judiciary regarding violence against women(VAW) and girls trafficking for the translation into English and the publication of Landmark Judgments, Pro public in coordination with SARI/Q/USAID (Nov. 2004)
• Worked as Motivator in the Feedbacks Collection Program in Women’s Property Rights in Dhanusha and Siraha Districts and also experienced in Advocacy Program in the same subject in Gorkha and Tanahun Districts from LACC, Lalitpur, Nepal (10th March, 1996 to 4th July, 1996).
Facilitation and Coordination of the Various Training Programs
• Worked as Deputy Team Leader for three month Professional Capacity Development Training Program for Young Lawyers, organized by Nepal Bar Association , Sept to Dec, 2012
• Facilitated five training program organized for members of Women Saving and Credit Group on Speak Up to Stop Gender Based Violence, Sept, 2011, Jointly organized by Justice for All (J4A) and OHCHR-Nepal.
• Facilitated training of Social Audit and Public Hearing for Women Saving and Credit groups, J4A, 2010 and 2011. ( different groups)
• Facilitated and coordinated four days International Level Conference on Rights and Duty of Workers and Owners of Cabin and Dance Restaurants: International Experience, 14th -18th Jan, 2011, jointly organized by Pro Public, National Women Commission, Nepal, OHCHR- Nepal and PILnet Global Network for Public Interest Law, NY, USA.
• Facilitated the Training of Trainers on Gender Equality and Social Inclusion from 11th to 14th August, 2010, Leap Program, Codef.
• Coordinated and facilitated the Central Level Interaction Program on the Role of Civil Society to Combat Trafficking of Women and Children, Pro-Public in coordination with UNIFEM/Nepal, 2006
• Facilitated in the training of facilitator for the10th National Census 2001 in questions of Gender Equality, Bhojpur District, Mainstreaming Gender Equity Program, UNDP and Central Bureau Statistics, 2001
• Facilitated women leadership development training program for leaders of Village Development Committee, Kathmandu Districts.
Drafting law and Policies:
• Member of drafting Committee to draft Gendered Model Constitution for Pro Public to submit the Constituent Assembly to use as a reference during the drafting constitution of Nepal, 2008
• Members of drafting Committee to draft Violence against Workers at Entertainment and Service- oriented Workplaces (Control & Punishment) Act, 2069 for Pro Public to submit concerned government authorities of Nepal for the purpose of use a reference during the drafting such law .
Translation:
• Translated English into Nepali for FAO of Review of land-related legislation in Nepal in preparation of an integrated land law, 2012.
• Translated English into Nepali for the publication of leaflet and White Ribbon card about the concept of White Ribbon Campaign on occasion of International Women’s Day, 2006, Pro Public in coordination with UNIFEM/Nepal and Save the Children Sweden/Nepal
Supervisor for Dissertation:
• Supervisor for dissertation to LL.B Student of KSL on Equal Property Rights of Women in Nepal: An Analytical Study,2012
K. Academic Contributions
1. Publications (Books)
• An Analysis of Implementation and Challenges of laws relating to Combating Domestic Violence, Justice for All ( J4A) 2014.
• Implementation Status of Judgments Delivered by the Supreme Court of Nepal on Reproductive Health Rights, National Women Commission, Nepal and Justice for All, 2012
• Developed Training Materials and Facilitators Guidelines on Speak Up to Stop Gender Based Violence, Justice for All (J4A) 2012.
• Contributed a chapter on Citizenship Rights of Women and Children in the book on Citizenship in reference to Nationality, Equality and Statelessness, Constitutional Lawyers Forum, 2011
• Contributed a paper for the development of Work Book on Implementing Constitutional Equality Rights, Nepal Bar Association, the Canadian Bar Association, 2011
2. Articles on Journal and Magazines:
• The Day of Elimination of Sati Pratha in Nepal, Smarika, Nepal Jaycees, Sankhu, 2012
• Citizenship Rights of Women and Children, International Law and State Obligation, Vol 91, 2012, Kanun, Magazine of Lawyers Club, Kathmandu, Nepal
• Growing State of Impunity and Withdrawal of Criminal Cases in the Country, A Journal of Nepal Red Cross Society, Sankhu Branch , Kathmandu Nepal, 2011
• Reproductive Health Rights and law in Nepal, Tuki, Monthly Magazine, June/ July Ministry of Health and Population, Nepal, 2011
• Laws and Policies on Reproductive Health Rights with Particular Reference to Judicial Response through Public Interest Litigation in Nepal, Volume 4, NJA Law Journal, National Judicial Academy, Nepal, 2010
• Domestic Violence Bill: an Analysis, Nepali Sarokar, Monthly Journal, June/July- 2009
• Transitional Justice and Violence Against Women in Nepal, Smarika, National Women Commission, Nepal 2009
• Violence Against Women During Conflict and Justice, Nepali Sarokar, Monthly Journal, Oct/Nov- 2008
• Role and Participation of Citizens for Democratic Constitution Making Process in Nepal, Constructive Dialogue on Constitutional Issues, Constitutional Lawyers Forum, 2007
• Constitutional Issues in Perspective of Gender Equality, Constructive Dialogue on Constitutional Issues, Constitutional Lawyers Forum, 2007
• Judicial Contribution in Promoting Gender Equality and Justice in Nepal, Nepal Law Review, Nepal Law Campus, Kathmandu, 2005
• Judicial trends for reducing violence against women in Nepal, Nyayadoot, Nepal Bar Association, Feb. 2005
Articles in New Paper
• Ending violence against women, The Kathmandu Post, 25th Nov. 2006
• Violence against women, Suprabhat Daily, Janakpur (part one) March 31st 1999
• Violence against women, Suprabhat Daily, Janakpur (part two) April 1st 1999
• Property rights v. education rights of women, Desaymaru Jhya, a weekly Nepal Bhasha newspapers, August 15th 1996
• The measures to be taken prior to the enactment of abortion law, Desaymaru Jhya, a weekly Newari newspapers, Nepali date, 2053-6-24
• Reason for gender discrimination is biased legal system, Amarapur, occasion newspaper, Lalitpur
• Biased cultures needs to be changed to internalize a real democracy, Nepal Samachar Patra Daily, Nepali date 2055-11-19
Paper Presentations;
Regional and International level
• National legal framework for Nepal and the Status of Prosecution of Trafficking Cases for Forced Labour, Indo- Nepal Law Enforcement Workshop on countering trafficking for Forced Labour and to Share Country Practices, 3rd May 2012, Lalitpur, Nepal
• Socio-Economic Status & Rights of Women in Nepal at Forum of World Issues, Fairhaven College of Interdisciplinary Studies, Western Washington University, 24th February, 2010, Washington State, USA.
• Reproductive Health: A Rights –Based Approach in Nepal at Forum of Path to Global Justice, Fairhaven College of Interdisciplinary Studies, Western Washington University, 24th February, 2010, Washington State, USA.
• Public Interest Litigation & Judicial Initiatives for Prevention of Sexual Exploitation against Women and children at Work Place in Nepal at Visiting Scholar and Research Fellow Forum on 2nd Dec, 2009 at Columbia Law School, Columbia University.
• Mechanism to Deter Discrimination in Nepal and Promoting Education and Literacy : Possible Option for Next Steps at Webinar on 17th Nov, 2009, organized by BAKER and McKENZIE, New York, USA.
Nepal:
• Presentation on Analysis of Implementation of Declarations declared in National Women’s Lawyers’ Conference, Jhapa, 2013, Nepal Bar Association
• Presentation on concept and practice of Inclusion in Nepal ( many times, 2012-2014) NBA
• Presentation on link between foreign labour migration and trafficking, People Forum/ UN Women (August 2013) Kathmandu, Nepal
• Presentation and facilitated the training on Reproductive Health Rights and Advocacy Tools, COSAN, (July-August, 2013) Dhading Nepal
• Presentation on concept and practice of Inclusion in Nepal, Juri Nepal / SPCBN/UNDP (March- April, 2013) Charikote and Dhadhing, Nepal
• Presentation on concept and practice of Inclusion in Nepal, Nepal Madesh Foundation/ SPCBN/UNDP, (June, 2013) Biratnagar, Birjung and Nepagunj, Nepal
• Safe Foreign Employment for Women, Law and its Challenges, 21st National Women’s Lawyers’ Conference, Dhangadhi (Sept 28th to 29th, 2012), Nepal Bar Association.
• Women’s Rights in the Forthcoming Constitution: Possibilities and Challenges, Twentieth National Women’s Lawyers’ Conference, Pokhara (September 2011), Nepal Bar Association
• Women’s Access to Contraceptives in Nepal, National Consultation, Jointly organized by J4A and CRR, NY, USA, 2011
• Gender Friendly Constitution in Nepal, Advocacy Consultation at Regional Level, Jointly organized by Ministry of Women, Children and Social Welfare and UN Women, Nepal, Janakpur, Dhangadhi, Baitadi, Acham, from March to April 2011
• Court Order on Prevention of Problems Related to Uterine Prolapsed, National Advocacy Workshop on Prevention of Uterine Prolapsed, Jointly organized by WRRP and CAED, 6th and 7th Dec, 2010
• Litigation as Tools for Implementation Constitution “Equality Rights” Jointly organized by Nepal Bar Association and Canadian Bar Association, 19th Nov, 2010
• Gender, Sex and Socialization Process of Men and Women, Human Rights training for Youth, Jointly organized by INSEC, Pro Public and equitas, Canada, 25th Oct,2010
• How PIL is designed, built and utilized for the protection and promotion of human rights? Training jointly organized by DHRC, OHCHR and Pro Public, 28th Sept, 2010,
• Existing Legal Provisions to Combat Gender Based Violence in Nepal, Maternity Hospital, Thapathali, Kathmandu from June 8th 2007, 2008, 2009 and 2010
• Basic Concept of Human Rights and Women’s Human Rights at 16th & 21st Oct , 2008 National Level Training of Trainers on Citizen’s Advocacy for Participation in Constitution Making Process, Kathmandu, CMF
• Violence Against Women During Conflict in Nepal and Justice at 16th National Women Lawyer’s Conference, Butwal, Nepal 2007
• Role and Participation of Citizens for Democratic Constitution Making Process in Nepal at Regional Conference on Constructive Dialogue on Constitutional Issues in Dang, Constitutional Lawyers’ Forum on 20th July 2007
• Constitutional Issues in Perspective of Gender Equality at National Conference on Constructive Dialogue on Constitution Issues at Kathmandu, Constitutional Lawyers’ Forum, 28th to 29th Sep. 2007
• Minimum Standard of Treatment for Rescue Women and Children from Trafficking at the Workshop on Role of Civil Society to Combat Trafficking of Women and Children in Nepal, Pro Public, September 2005

Interest:

Award:
1) Public Interest Law Fellowship Program (2009-2010)
• A semester at Columbia Law School, New York, US (Human Rights, Law and Development; Intersectionalities: Identity, Power and Discrimination and Corporate Social Responsibility)
• Worked as intern for three month at Urban Justice Center, New York, US
• Worked as intern for a month at Center for Reproductive Rights, New York, US
• Participated in the meeting with a number of governmental and non-governmental organizations in the US and Europe (Hungary, the Netherlands and London) to share work experiences
• Developed a project for the implementation of Supreme Court’s judgments to prevent economic and sexual exploitation against women working in the informal sector (cabin and dance restaurants)
2) Best Legal Article Writing Award on Citizenship Rights of Women and Children: International Law and State Obligation, Kanun, Magazine of Lawyers Club ,2013.
3) SARJAI Fellowship Program on Reproductive Health Rights, Centre for Reproductive Rights, NY, US 2012-2013

Affiliations
• Justice for All (J4A)
• Constitutional Lawyers’ Forum, Kathmandu, Nepal
• Juri Nepal
• Human Rights Education Forum for South Asia, Equitas, Canada,
• Lalitpur District Court Bar Association, Nepal
• National Core Group (SARI/Q) at Regional Level
• National MenEngange Alliance, Nepal
References:
Honorable Justice Mr. Kalyan Shrestha
Justice, the Supreme Court, Nepal, Cell: 00977- 9841351703, Tel: 00977-1-5535733 (Res.)
Email: [email protected]

Advocate Mr. Prakash Mani Sharma
Founder and Executive Director, Forum for Protection of Public Interest (Pro Public),
Tel: 00977-1- 4268681(Off.) Cell: 0977- 9851072226, Email: [email protected]

Mr. Tek Tamata
UNDP Focal Point, Democratic Governance Unit, Program Analyst, Justice and Human Rights, UNDP, POB 107 UN House, Pulchowk, Tel: 00-977-1-5523200, Email: [email protected]

Professor Ms. Dana Jack
Fairhaven College of Interdisciplinary Studies, Western Washington University, Washington State, USA, Email: [email protected]

Mr. Edwin Rekosh
Founder and Executive Director, PILnet: The Global Network for Public Interest Law, New York, USA, Email: [email protected]

I certify that above statements made by me are true, complete and correct to the best of my knowledge and belief

Sarmila Shrestha