Nepal – 1st – Judicial remedy
Each of the background sections in the Nepalese NAP contains a focus on access to remedy and provision of judicialmechanism.
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 7 | To carry out a study on the state of complaints, cases and decisions at the labour court or other quasi-judicial bodies | MOLESS | Labour court/business enterprise/trade union | Second year | Study report |
3. Remedy
| 91 | To designate the high courts to serve as labour courts in accordance with Labour Act, 2074 | Government of Nepal | OPMCM/Judicial Council | Third year | Labour court service expanded to province and district level |
| 97 | Expand and enhance the capacity of the closed bench related to women and child-friendly bench. | Supreme Court | MOWCSC | First year | Provision of closed bench and child-friendly bench |
| 100 | Provide free legal aid and consultation service for women and child rights and easy access to justice | Nepal Bar Association, central legal aid committee/judicial committee/courts/ Office of the Attorney General | MOWCSC/stakeholder | Continuous | Free legal aid and counseling service |
| 101 | To consolidate the mechanism for filing complaints about women and child rights violation in the multi-national companies, and resolving the problem. | Business enterprises/ thematic association/ federation | MOICS | Continuous | Decline in incidents of rights violation in trans-border, international and multi-national companies |
| 102 | Carry out complaint registration and adjudication of cases of violation of women and children’s rights in a hassle-free, unconditional and with complete confidential manner. | Business enterprises/ Courts | MOWCSC/stakeholder | Continuous | Decline in incidents of human rights violation |
| 104 | To make access of the workers to judicial and non-judicial mechanism easy and effective in order to guarantee the right of the Nepali workers to selection process, decent sand safe working environment, accommodation, food and unrestricted mobility. | MOLESS/diplomatic missions | Employer/foreign employment association/ federation and entrepreneurs | Continuous | Easy access to remedy |
| 105 | Enhance the capacity and expand the scope of services of agencies including foreign employment board, department of foreign employment and foreign employment tribunal for the access of Nepali workers, who have faced problems and cheated in course of foreign employment, to relief, rescue, compensation and justice. | Foreign employment board, department of foreign employment and foreign employment tribunal | MOLESS | Continuous | Capacity development |
| 107 | Increase the institutional capacity and effectiveness of the existing mechanism for protection of environmental rights violated due to business activities and increase access to justice. | MOFE | Department of Environment/business enterprises | Continuous | Access to justice |
| 108 | Enforce provision of reward and punishment strictly as per the law in the implementation of the recommendations from the environmental monitoring and evaluation reports. | MOFE | Department of Environment/business enterprises | Continuous | Provision of reward and punishment |
| 112 | In case of violation of the rights of the indigenous communities through business activities, make provision of alternative measures of dispute settlement or formal judicial mechanism for remedy at the local level | Business enterprises/ business project | Stakeholders | Continuous | Decline in cases |
| 116 | Provide free legal aid to the people and communities affected by discrimination in the business enterprises. | Courts/Nepal Bar Asso ciation | NGOs/organisations | Continuous | Free legal aid |
| 117 | To facilitate compensation and reparation to the individual and communities affected by discrimination in the business enterprises. | Stakeholders | Rights activists | Continuous | Facilitation |
| 118 | Set 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 enterprises | MOLESS | Continuous | Fast track mechanism to have been developed |
| 119 | Develop an inclusive list of mediators and mobilize for dispute settlement. | Business enterprises | MOLESS | Continuous | List prepared and mobilized |