Nepal – 1st – Non-judicial grievance m.

Each of the background sections in the Nepalese NAP contains a focus on access to remedy and provision of non-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

89	To establish grievance and complaint hearing mechanism in the enterprises and its units, and make it transparent and accessible.	Business enterprises/ thematic association/ federation	MOLESS/trade union/ human rights association, institutions	First year	Grievance and complaint hearing mechanism developed
90	To expand the alternative dispute resolution (ADR) procedures related to labour and em ployment in the province and local level.	MOLESS	Trade Union and business associations/federation	Continuous	Expansion of ADR system in province and local level
93	To constitute consumer grievance management mechanism at the local level and bring it into operation.	Local level	Consumer rights activist	First year	Grievance management mechanism constituted
95	To designate focal person or unit for hearing consumer rights violation and grievances in the enterprise.	Business enterprises	Business enterprises/ thematic association/ federation	Second year	Provision of focal person or unit
96	To carry out monitoring to check whether sufficient compensation and reparation has been provided for violation of consumer rights.	Consumer rights activists	Business enterprises/ thematic association/ federation	Continuous	Monitoring report
99	To establish and mobilize a compensation fund for the victim worker/labourer women and children.	MOWCSC	Business enterprises/ thematic association/ federation	Continuous	Fund established and mobilized
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

103	To 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 Commission	Province and local level	Continuous	Grievance hearing mechanism developed
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
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
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
120	Manage an Ombudsperson for hearing the grievances of gender-based and racial discrimination in the enterprises	Business enterprise	MOLESS	Continuous	Provision of Ombudsperson