Nepal – 1st – Equality

The Nepalese NAP contains a background section on:

2.1.6 Equality and right to non-discrimination

2.2 Business and Human Rights Implementation Action Plan

1. Protection

S.No.  ActivityResponsible agencyPartner agencyTimelinePerformance Indicator
5To carry out study on the state of child labour, all kinds of discriminatory practices, and the right to association within the businessInstitute of policy studies)MOLESS Local level/Labour and Employment OfficeFirst yearStudy report
12To conduct awareness programs related to labour rights (prohibition of child labour, prohibition of forced labour, minimum wages/ benefits, holidays, social security, working hours, special rights of women and respect for labour, equal pay for equal work).Labour and employment offices/ local level/ employers/ trade unionProvincial government, organisations working in the field of human rights, civil societyContinuousAwareness programmes on labour rights implemented in local levels
23To carry out survey on child labour and discriminatory practices within the business sectorMOWCSCstakeholderFirst yearStudy report
24To update and implement standards related to breastfeeding room and child care centre in the workplaceMOWCSCBusiness enterprises and thematic associations/fed erationsContinu ousUpdated standards of breast feeding room and child care centres
26To carry out study on workplace sexual harassment, abuse and gender-based discriminationNational Women’s CommissionBusiness enterprisesSecond yearStudy report
27To study the state of implementation of the legal provision to give priority to women in employment along with the special privileges provided by the stateMOLESSMOWCSC/trade union/ business enterprisesSecond yearIncreased participation of women in employment
29Carry out study on whether the women workers in the formal and informal sector are getting equal pay for equal workMOWCSCProvince and local levelSecond yearStudy report
32Take diplomatic initiative for implementation of the provision of equal pay for equal work for Nepali workers in the destination countriesMOFA/diplomatic missionMOLESS/foreign employment entrepreneursContinu ousEqual pay for equal work implemented
47Encourage the development of LGBTIQA++ and disabled friendly workplace in the enter prisesMOLESS/MOICSBusiness enterprisesContinu ousGender-friendly, disabled-friendly and LGBTIQA++ friendly workplace available
49Put an end to all kinds of discrimination based on gender, geography, race, religion, language and ideology in the business enterprises.All ministries and com missionsBusiness enterprises    RegularEnd of discrimination
50To run awareness raising so as to guarantee the right to gender equality and non discrimination.All ministries and com missionsBusiness enterprisesRegularProgrammes organised

2. Respect

64To build discrimination-free, sexual violence free, abuse-friend and human rights friendly working environment in the workplace.Business enterprises/ thematic association/ federationTrade union/MOLESSContinuousLabour law complied
65To establish and mobilize gender equality fund in the enterprises.Business enterprises/ thematic association/ federationTrade union/MOLESSContinuousEstablishment and mobilization of gender equality fund
66To manage mother child-friendly breast feeding room, child care centre and separate gender-friendly toilets in the workplace.Business enterprises/ thematic association/ federationTrade union/MOLESSContinuousProvision of mother child friendly breast feeding room, child care centre and separate gender friendly toilets
67To put an end to sexual exploitation, abuse and gender-based discrimination in the workplace and fully comply with human rights law.Enterprises and business associations/ federationTrade union/MOLESSContinuousCompliance of labour law
83To implement equal pay for equal work provision without any discrimination based on gender, geography, ethnicity, religion, language and ideology in the business enterpriseBusiness enterprises/ thematic association/ federationLabour and Employment OfficeContinuousProvision of equal pay for equal work implemented
84To identify and enlist the works that require policy of positive discrimination.Business enterprises/ thematic association/ federationLabour and Employment OfficeFirst yearListing of works
85To run orientation and sensitization pro gramme on human rights in the workplace for equality and non-discrimination.Business enterprises/ thematic association/ federationLabour and Employment OfficeContinuousProgramme implemented  
87To mobilize the umbrella association/organisations of the entrepreneurs effectively for promotion of equality and non-discrimination.Business enterprises/ thematic association/ federationBusiness enterprisesContinuousMechanism run effectively

3. Remedy

103To develop grievance hearing mechanism for racial and other discrimination and abuse that take place in the business sector.Business enterprises/ thematic association/ federation/National Dalit Commission/ National Women’s CommissionProvince and local levelContinuousGrievance hearing mechanism developed
114To develop reliable monitoring mechanism in the constitutional commissions and at the federal, provincial and local level to end racial discrimination and untouchability that takes place in the enterprises.Concerned agencies/ constitutional commis sionsStakeholdersContinuousMechanism run effectively
115To make the monitoring by the parliamentary committee and human rights mechanisms of the gender, geography, racial, religious, linguistic and ideology-based discrimination free working environment regular and effective.Parliamentary Com mittee/constitutional commissionsStakeholdersContinuousEffective monitoring
116Provide free legal aid to the people and communities affected by discrimination in the business enterprises.Courts/Nepal Bar Asso ciationNGOs/organisationsContinuousFree legal aid
117To facilitate compensation and reparation to the individual and communities affected by discrimination in the business enterprises.StakeholdersRights activistsContinuousFacilitation
118Set up fast-track working mechanism for immediate hearing of the violence based on gender, geography, ethnicity, religion, language and ideology that has taken place in the business enterprise.Business enterprisesMOLESSContinuousFast track mechanism to have been developed
120Manage an Ombudsperson for hearing the grievances of gender-based and racial discrimination in the enterprisesBusiness enterpriseMOLESSContinuousProvision of Ombudsperson