National
Nepal fails to deliver on human rights commitments
NGOs tell UN rights council that the country’s delivery on child rights, gender violence, and equity remains poor.
Binod Ghimire
Nepal’s implementation of the recommendations from the third cycle of the UN Human Rights Council’s Universal Periodic Review (UPR) has been dismal, says a report by a consortium of non-governmental organisations.
The report submitted to the council by the Nepal National Coalition for UPR, the National Women’s Coalition for UPR, and the Durban Review Conference Follow-up Committee Nepal, which together represent 530 civil society organisations, suggest that most of the recommendations have either not been implemented or only partially implemented.
During the third UPR cycle in January 2022, Nepal supported 196 of 233 recommendations, agreeing to implement them. However, successive governments paid little attention to acting on the global commitment.
Four governments led by each of the three big parties have been constituted since the last periodic review. The next review will be conducted in January 2026. Among the recommendations in 42 different thematic issues, the government’s implementation is particularly pessimistic on child rights, sexual and gender violence, national human rights institutions, and equity and non-discrimination.
During the periodic review five years back, Nepal had supported all 10 recommendations relating to child rights. However, not a single one of them has been fully implemented: while 60 percent have been partially implemented, 40 percent have been completely ignored.
The same is the case when it comes to recommendations related to sexual and gender based violence. Nepal has partially implemented 61 percent of them, leaving 39 percent unimplemented, as per the report by the coalition.
For instance, Nepal had agreed to ensure sustainable funding for a sufficient number of safe shelters for victims of gender-based violence and allocate enough funds and one-stop crisis management centres for victims and survivors of all forms of gender-based violence and trafficking in persons. Both the promises have been broken in the five years.
Similarly, despite Nepal's commitment to fully implement all four recommendations related to human rights institutions, only one has been fully adopted. On equity and non-discrimination, various countries made 18 recommendations, of which Nepal accepted 14. However, none of these have been fully implemented. Around 80 percent have seen partial implementation, while the remaining 20 percent have not been implemented at all.
Human rights experts say failing to implement recommendations is a matter of embarrassment. “Our leadership will be asked to clarify why Nepal didn't live up to its own commitment. This reflects a clear lack of accountability,” said Mohna Ansari, a former member at the National Human Rights Commission. “Many countries are funding Nepal on human rights and rule of law. Non-committable to the UPR recommendations might lead them to review their funding.”
In its recommendations, the consortium has asked the Nepal government to ensure rights and protections under international obligations, principles established by the Supreme Court and the constitutional-legal framework in practice. “It needs to ensure adequate budget allocation and logistical necessities required for the implementation of guaranteed rights while also extending international coordination and cooperation where needed to protect rights in the necessity of domestic conditions and requirements,” reads another recommendation.
Ratification of recommended international conventions and implementing obligations of already ratified conventions through appropriate amendments or formulation of relevant legislation is another suggestion from the non-government organisations.
Nepal needs to ratify the Convention against Enforced Disappearance, the Migrant Workers Convention, Accede to the Rome Statute of ICC and ILO Convention 189 and Ratify Optional Protocols to the ICESCR, CAT, CRC (OP III), and Protocol Against Smuggling of Migrants by Land, Sea and Air, 2000, as per the report.
“Extend the inclusion of beneficiaries in the implementation of relevant recommendations,” the report says.