National
Hundreds left homeless as Nepal fails to enforce right to housing: Report
The Amnesty International Nepal’s report gives an account of the impact of evictions on marginalised communities.
Manya Humagain
The government’s failure to establish a regulatory framework for the Right to Housing Act-2018, coupled with local authorities’ blatant disregard for the law, has resulted in forced evictions that have left hundreds homeless, said Amnesty International Nepal’s report.
The report ‘Nowhere to go: Force evictions in Nepal’ gives an account of the impact of evictions on already marginalised communities—including Dalits and Indigenous Peoples—who are disproportionately affected.
It also reveals the authorities’ failure to uphold both constitutional protections and provisions under the Right to Housing Act-2018, aimed at preventing forced eviction.
The report focuses on forced evictions that took place in Kathmandu, Siraha, Sunsari, Jhapa, and Kailali districts between 2020 and 2024, revealing cruelty, inhumane behaviour and absolute violation of human rights.
Amnesty found that authorities failed to meet basic human rights obligations under domestic and international law in all documented cases. Safeguards such as consultation with affected communities, exploring alternatives, and providing adequate notice were routinely ignored.
According to the report, the types of evictions varied, as some were driven by urban development projects and the others by conservation enforcement in community forests and national parks. The findings are based on the 16 focus group discussions and 15 individual interviews, which included officials from federal authorities.
Under the Right to Housing Act 2018 and the Lands Act 1964, there is a systematic process of consultation, sufficient notice, proper identification, the presence of an authorised official, and a convenient time for eviction that an individual must follow to get evicted, but that is seldom followed. For instance, the report states that on July 18, 2020, staff from the Office of the Chitwan National Park burned down two houses and destroyed eight others using hordes of elephants, all in the name of wildlife conservation.
“The failure to harmonise conflicting earlier legislation with more recent Nepali laws to protect fundamental rights has further undermined enforcement, while a lack of coordination and cooperation between federal and local governments has worsened the situation,” the report says.
Many residents described the dehumanising way in which they were forced from their homes without even being given a chance to gather their clothing, medicine, their children’s books or important legal identity documents.
“Our homes were bulldozed from all sides. Now, we have nowhere to go and nothing to eat. How will we survive?” one of the victims of forced evictions in Bhajani Municipality, Kailali, was quoted in the report as saying.
The fear of expulsion has left many with damaged mental and physical health. “I just had a baby, and now we have no roof, electricity, or mosquito net. Living like this is unbearable. My sister and mother were even arrested on false charges of obstructing forest conservation efforts,” another victim was quoted as saying.
People have been forced out of their homes despite having temporary stay certificates. Authorities have turned a blind eye to the systematic process of eviction. “This isn’t just a violation of human rights, it is a crime committed by the state,” said senior advocate Raju Chapagain, adding that authorities have failed to provide legal safeguards, leaving victims, especially from marginalised groups, vulnerable.
There is an ever-widening gap between the legal protections promised in Nepal’s constitution and the reality for marginalised communities, who continue to live in fear of being evicted with no due process, no regard for their precarious circumstances, and no hope of compensation, as per the report.
“The authorities are failing in their legal duty to protect the rights of the landless, some of the most vulnerable in society,” said Nirajan Thapaliya, director at Amnesty International Nepal.
The report found that evicted families were not compensated in most cases, and the compensation provided was grossly inadequate. When offered, resettlement efforts were made without community consultation or consideration for basic needs such as family size or access to essential services.
If the findings are anything to go by, oversight mechanisms have also been largely ineffective. For instance, the National Human Rights Commission has monitored some eviction incidents and issued recommendations for redress. However, its response has fallen short of the seriousness of these violations. With adequate resources, the commission could play a stronger role by documenting systemic patterns of forced evictions and conducting independent investigations.
“The Nepali authorities must safeguard the right to adequate housing, end the practice of forced eviction and ensure due process when evictions are deemed necessary. Without urgent and coordinated action to implement the right to adequate housing and establish regulatory frameworks, the cycle of forced evictions and human rights violations in Nepal will persist,” said Thapaliya.