The government of Nepal endorsed the National Action Plan (NAP) on UN Guiding Principles on Business and Human Rights (UN BHR) on 27 December 2023. However, the NAP development process was initiated in September 2020 under the leadership of the Ministry of Labour, Employment, and Social Security (MoLESS).
UN BHR, endorsed by the Human Rights Council on 16 June 2011, is a set of guidelines for States and companies to prevent and address human rights abuses committed in business operations. The principles set out States' obligations under international human rights laws and the responsibilities of businesses to identify, prevent, mitigate, and remedy actual and potential human rights abuses.
In Nepal, massive numbers of development aggressions, conservations and business activities are in operation violating the Indigenous Peoples rights to land territories and resources, FPIC, consultation and participation. The Indigenous Peoples are demanding mandatory human rights due-diligence legislation to hold businesses accountable towards human rights and establish separate mechanisms to provide access to remedy for corporate impacts on human and Indigenous rights.
The NAP involves six (labour, consumer, women and children, migrant workers, environment and Indigenous Peoples, and gender equality and non-discrimination) thematic sectors. The NAP states that the principle of FPIC, meaningful participation of Indigenous Peoples, customary institutions, Indigenous persons with disability, women, children and elders are effectively implemented in the context of Environment Impact Assessment. The NAP is committed to implementing the recommendations of CEDAW, considering indigenous rights while developing the standards of environment conservation and protecting and promoting indigenous business and skills.
In the draft NAP, indigenous judicial system was recognized as mediation and conflict resolution mechanisms relating to disputes arising from the business. However, that provision has not been mentioned in the final NAP.
LAHURNIP has been leading the Indigenous campaign on business and human rights since 2015.
