Human Rights in Nepal

Human Rights in Nepal are the rights and freedoms that are guaranteed to all Nepalese people by the constitution, laws and international treaties. Human rights include civil and political rights, such as freedom of expression, assembly, association, religion and fair trial, as well as economic, social and cultural rights, such as right to education, health, work, food and social security. Human rights also include the right to live with dignity, equality and non-discrimination. Human rights are essential for democracy, development and peace in Nepal.

However, human rights in Nepal face many challenges and violations, especially in the context of the decade-long armed conflict between the government and the Maoist rebels from 1996 to 2006, which resulted in thousands of deaths, disappearances, displacements and abuses by both sides. The conflict also affected the human rights situation in terms of poverty, health, education, gender equality and social inclusion. Despite the signing of the Comprehensive Peace Agreement in 2006 and the promulgation of the new constitution in 2015, human rights issues remain unresolved and unaddressed in Nepal.

Some of the major human rights issues in Nepal are:

•  Impunity and transitional justice: The government has failed to ensure justice and accountability for the serious human rights violations committed during the conflict, such as extrajudicial killings, torture, enforced disappearances, sexual violence and recruitment of child soldiers. The two transitional justice commissions established in 2015 to investigate the truth, provide reparations and recommend prosecutions have been ineffective and lack independence. The victims and their families have been denied their right to truth, justice and remedy.

•  Covid-19 pandemic: The government has been criticized for its inadequate and unequal response to the Covid-19 pandemic, which has caused many preventable deaths and suffering. The government has failed to prepare or provide sufficient health care facilities, equipment, oxygen and vaccines for the people, especially for those living in poverty and marginalized groups. The government has also imposed lockdowns and restrictions that have violated the rights to freedom of movement, expression, assembly and livelihood of the people.

•  Discrimination and violence: Nepalese people face discrimination and violence based on their ethnicity, caste, gender, sexual orientation, religion or disability. Dalits, indigenous peoples, women, LGBTIQ+ persons, religious minorities and persons with disabilities are often excluded from decision-making processes, access to resources and opportunities, and subjected to harassment, abuse and attacks. The government has failed to protect their rights and ensure their participation and representation in all spheres of life.

•  Freedom of expression: The government has restricted the freedom of expression of journalists, activists, civil society members and ordinary citizens through various laws and measures. The government has enacted or proposed laws that criminalize defamation, contempt of court, disinformation and criticism of public officials or institutions. The government has also harassed, intimidated or arrested journalists, activists or citizens for expressing their opinions or exposing corruption or wrongdoing.

•  Labor rights: Nepalese workers face exploitation and abuse both within Nepal and abroad. Many workers are employed in informal sectors without contracts or social security. Many workers are also trafficked or deceived into working in foreign countries under harsh conditions without adequate protection or redress. The government has failed to protect the labor rights of Nepalese workers and ensure their fair wages, safe working environment and access to justice.

Human rights in Nepal need to be respected, protected and fulfilled by the government as well as by all stakeholders. Human rights are not only legal obligations but also moral values that guide the actions of individuals and groups. Human rights are also interdependent and indivisible; they cannot be enjoyed separately or selectively. Human rights are also universal; they apply to everyone regardless of their identity or status. Human rights are also dynamic; they evolve with changing times and contexts. Therefore, human rights in Nepal require constant vigilance, advocacy and action by all concerned parties.