Nepal
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Latest business and human rights news in Nepal
This page was last updated 1. February 2024
Nepal’s first NAP was launched on 23 March 2024.
Available NAPs
Nepal: 1st NAP (2024-2028)
Status
Nepal endorsed its first NAP on BHR on 27 December 2023 and it was launched by the Minister for Labour, Employment and Social Security Sharat Singh Bhandari on 23rd of March 2024.
Process
The government of Nepal began a process to develop a BHR NAP in September 2020.
The development was one of the key actions in the national human rights action plan introduced by the Nepal government in 2020.
The development process was led by a task force under the leadership of the labour ministry, including representatives from the Prime Minister’s Office; the Ministry of Law, Justice and Parliamentary Affairs; the Ministry of Industry, Commerce and Supplies; and the Federation of Nepalese Chambers of Commerce and Industries.
Support was provided by the UNDP in Nepal and the governments of Japan and Norway.
Stakeholder Participation
In 2023, the Nepal BHR Network and other stakeholders led national consultations on a draft National Action Plan on Business and Human Rights.
The Nepal BHR Network organised the 2nd national consultation on the draft National Action Plan (NAP) on Business and Human Rights with CSOs leaders and human rights defenders represented from 77 districts and 7 provinces on 15th March 2023 after the government of Nepal officially made the public the first draft for the comments and suggestions by the people. The consultation and conference program were organised to inform stakeholders on the preparation process of the National Action Plan on BHR as well as gather perspectives, suggestions and comments of the civil society organisations and human rights defenders on the draft NAP. More than 150 representatives from various organisations actively participated and 20 people shared their views on NAPs and the importance of the BHR standards for Nepal. Major issues highlighted which should be addressed through the NAP include the informal workforce, conducting assessment of BHR issues in certain sectors, developing due diligence processes for the business sector and sensitising local governments on BHR.
Some major recommendations provided by consultation include:
– Conduct an assessment of status of BHR in certain sectors to identify the gap in compliance between standard of the NAP and actual status.
– Organise inclusive consultation on the NAP with CSOs and thematic groups including children, disabled, women, youth, LGBTIQ and indigenous communities.
– The NAP should focus on FDI enabled infrastructure projects while being mindful of the sensitive nature of this topic and the impacts that abuses of environmental and cultural rights can have on rightsholders when these projects are not conducted correctly.
In May 2023, the Nepal BHR Network reiterated their demands.
At the launch, press reports note that the task force’s “collaborative effort adopted a rigorous, participatory approach, including a series of consultation workshops, focus group discussions, validation, online feedback collection, thematic expert discussion, assessment and technical working group discussions to solicit feedback from businesses, civil society organisations, international experts, and others on drafts of the action plan to ensure its quality and effectiveness, according to the UNDP.”
Transparency
The NAP is available in Nepali on the government website.
Agriculture sector
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| 44 | Formulation and updating of the law relating to import, sale and distribution and justified use of pesticides | Ministry of Agriculture and Livestock Development (MoALD)/ provincial government/ local level | Private sector and stake holder | First year | Formulation and updating of law |
2. Respect
| 80 | To effective implement the standards related to production, import, storage, sales and disposal of pesticides. | Business enterprises/ thematic association/ federation | Ministry of Agriculture and Livestock development/ stakeholder | Continuous | Implementation of standards |
Children’s rights
The Nepalese NAP contains a background section:
2.1.3 Rights of Women and Children
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 2 | To review the laws related to abolition of forced labour. | MOLESS | Ministry of Law, Justice and Parliamentary Affairs (MOLJPA)/Trade Union/ Umbrella organisations of business sector | Third year | Law reviewed |
| 5 | To carry out study on the state of child labour, all kinds of discriminatory practices, and the right to association within the business | Institute of policy studies) | MOLESS Local level/Labour and Employment Office | First year | Study report |
| 12 | To 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 union | Provincial government, organisations working in the field of human rights, civil society | Continuous | Awareness programmes on labour rights implemented in local levels |
| 14 | To effectively implement the national master plan on prohibition of child labour (2075 2085) | MOLESS | MOICS, MOWCSC | Continu ous from first year | Action plan implemented |
| 23 | To carry out survey on child labour and discriminatory practices within the business sector | MOWCSC | stakeholder | First year | Study report |
| 24 | To update and implement standards related to breastfeeding room and child care centre in the workplace | MOWCSC | Business enterprises and thematic associations/fed erations | Continu ous | Updated standards of breast feeding room and child care centres |
| 25 | Implement various programmes to bring down the school dropout rate | MOEST/MOWCSC | Educational institutions/ stakeholders | Continu ous | Decline in school dropout rate |
| 34 | Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment. | MOFE | Business enterprise/pro poser | Continu ous | Meaning participation and consultation |
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| 62 | To develop the structures used for business operations in a consumer (disabled/senior citizen/women and children) friendly manner | Business enterprises | Thematic association/ federation/consumer rights activists | Continuous | Consumer-friendly structures |
| 66 | To manage mother child-friendly breast feeding room, child care centre and separate gender-friendly toilets in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Provision of mother child friendly breast feeding room, child care centre and separate gender friendly toilets |
3. Remedy
| 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 |
| 98 | To adopt a policy of zero tolerance towards women and child rights violation | Nepali Police/courts | MOWCSC/stakeholder | Continuous | Zero tolerance to violation of women and child rights |
| 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 |
Conflict-affected areas
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| 59 | To enforce the service, benefits and rights of the workers even during the event of a national disaster, pandemic and conflict. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Enforcement of workers’ service, benefits and rights |
Construction sector
The Nepalese NAP makes no direct reference to the Construction sector.
Corporate law & corporate governance
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 51 | The enterprises to include human rights issues in their internal policy, operations and regulations. | Employer/business enterprise/thematic association/federation | MOICS/trade union/human rights organisations | Continuous | Enterprises are committed to respecting human rights` |
| 53 | The business enterprise to mandatorily submit labour audit report to the specified agency and make it public. | Business enterprises | Department of Labour and Occupational Safety/ Labour and Employment Office | Every year | Labour audit report made public in all enterprises |
| 74 | To establish institutional structures and infrastructure related to environment at the enterprise level | Business enterprises/ thematic association/ federation | Stakeholder | Continuous | Establishment of institutional structure and infrastructure |
Corruption
The Nepalese NAP makes no direct reference to Corruption.
Data protection & privacy
The Nepalese NAP makes no direct reference to Data protection & privacy.
Development finance institutions
The Nepalese NAP makes no direct reference to Development finance institutions.
Energy sector
The Nepalese NAP makes no direct reference to the Energy Sector.
Environment & climate change
The Nepalese NAP contains a background section on:
2.1.5 Environment and Rights of Indigenous Nationalities
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 33 | Make the preliminary environment assessment, environmental impact assessment and overall impact assessment system to be carried out prior to operation of a business objective and factual in relation to the rights of the community/people living in the environment and affected areas | Ministry of Forest and Environment (MOFE) | Business enterprises/pro poser | Continu ous | Objective and factual report |
| 34 | Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment. | MOFE | Business enterprise/pro poser | Continu ous | Meaning participation and consultation |
| 36 | Include the rights of the indigenous nationalities and other communities guaranteed by national and international laws during formulation of the standards related to environment protection | MOFE/local level | Indigenous and nationalities commission | Continu ous | Rights of indigenous nationalities and other communities ensured in standards |
| 37 | Include issues of business and human rights while formulating and making timely amendments to existing act, laws and standards related to environment protection | MOFE/provincial gov ernment/local level | MOICS/stakeholders | Continu ous | Formulation and amendment of laws |
| 38 | For effective implementation of existing act, laws and standards related to environment protection carry out survey on institutional structures and infrastructure and make timely reforms | MOFE/provincial gov ernment | Business enterprises/pro poser | Continu ous | Reforms in necessary infrastructure |
| 39 | To promote public transport and electric vehicles and urban greenery | MOFE/provincial gov ernment/local level | MOICS/business sector | Second year | Encouragement and necessary facilitation |
| 40 | To formulate and implement national policy, act and regulations on prevention of water pollution. | MOFE | MOLJPA/stakeholder | Second year | Formulation and implementation of policy, act and regulations |
| 41 | To effectively implement the standards developed for prevention of water pollution and standards and decisions related to waste water disposal | MOFE/province govern ment | Stakeholder | First year | Effective enforcement of standards and decisions |
| 42 | To develop industrial waste processing mech anisms | MOFE/provincial gov ernment | Stakeholders | Second year | Development of mechanism |
| 43 | To amend and implement the waste (solid and liquid and hazardous) management national policy, act and regulations | Concerned ministry/ provincial government/ local level | Stakeholder | Second year | Formulation and implementation of policy, act and regulations |
| 44 | Formulation and updating of the law relating to import, sale and distribution and justified use of pesticides | Ministry of Agriculture and Livestock Development (MoALD)/ provincial government/ local level | Private sector and stake holder | First year | Formulation and updating of law |
| 45 | To formulate and implement laws relating to the use of chemicals in consumable goods and production process, and residue and overall lifecycle management | MOICS/provincial gov ernment/local level | Private sector and stake holder | Second year | Law and standards formulated |
| 46 | To carry out study on the violation of human rights due to reasons of climate change and implement recommendations for their miti gation. | MOFE/provincial gov ernment/local level | Private sector and stake holder | Continu ous | Recommendations implemented |
2. Respect
| 73 | To include the participation of indigenous nationalities and the situation of the beneficiaries as indicators while carrying out preliminary environmental assessment and environmental impact assessment. | Business enterprises/ thematic association/ federation | MOFE | Continuous | Report on measurement of involvement of indigenous nationalities |
| 74 | To establish institutional structures and infrastructure related to environment at the enterprise level | Business enterprises/ thematic association/ federation | Stakeholder | Continuous | Establishment of institutional structure and infrastructure |
| 75 | To run awareness raising and promotional programmes on environment protection in collaboration with stakeholders. | Business enterprises/ thematic association/ federation | Stakeholder | Continuous | Programme implemented |
| 76 | To implement the national policies, acts, regulation, standards and government decisions related to air pollution control. | Business enterprises/ thematic association/ federation | Department of environment and stakeholders | Continuous | To have been implemented |
| 77 | To implement the national policies, acts, regulation, standards and government decisions related to water pollution control. | Business enterprises/ thematic association/ federation | Department of environment and stakeholders | Continuous | To have been implemented |
| 78 | Develop industrial waste production plant and operate it regularly | Business enterprises/ thematic association/ federation | Department of environment and stakeholders | Continuous since sec ond year | Development and operation of mechanism |
| 79 | To implement the occupational and domestic waste (solid and liquid and hazardous) management national policy, acts, regulations, and manage it in an environment friendly manner. | Business enterprises/ thematic association/ federation | Department of environment and stakeholders | Continuous | Occupational and home waste managed |
| 80 | To effective implement the standards related to production, import, storage, sales and disposal of pesticides. | Business enterprises/ thematic association/ federation | Ministry of Agriculture and Livestock development/ stakeholder | Continuous | Implementation of standards |
| 81 | To properly use the chemicals in consumable goods and its production process, and properly manage its residue. | Business enterprises/ thematic association/ federation | Department of environment and stakeholders | Continuous | Proper manage ment of chemicals and residue |
3. Remedy
| 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 |
| 109 | To effectively mobilize the monitoring mechanism related to management of air pollution, water pollution and waste (solid and liquid) | MOFE | Department of Environment/business enterprises | Continuous | Monitoring report |
| 110 | To carry out regular monitoring of the use of chemical in the production, storage, import and sales of consumable goods and residue management. | MOFE | Department of Environment/business enterprises | Continuous | Monitoring report |
| 111 | Ensure climate justice for mitigation and adaptation of the impact of climate change on daily life. | MOFE | Department of Environment/business enterprises | Continuous | Climate justice ensured |
Equality & non-discrimination
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. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 5 | To carry out study on the state of child labour, all kinds of discriminatory practices, and the right to association within the business | Institute of policy studies) | MOLESS Local level/Labour and Employment Office | First year | Study report |
| 12 | To 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 union | Provincial government, organisations working in the field of human rights, civil society | Continuous | Awareness programmes on labour rights implemented in local levels |
| 23 | To carry out survey on child labour and discriminatory practices within the business sector | MOWCSC | stakeholder | First year | Study report |
| 24 | To update and implement standards related to breastfeeding room and child care centre in the workplace | MOWCSC | Business enterprises and thematic associations/fed erations | Continu ous | Updated standards of breast feeding room and child care centres |
| 26 | To carry out study on workplace sexual harassment, abuse and gender-based discrimination | National Women’s Commission | Business enterprises | Second year | Study report |
| 27 | To study the state of implementation of the legal provision to give priority to women in employment along with the special privileges provided by the state | MOLESS | MOWCSC/trade union/ business enterprises | Second year | Increased participation of women in employment |
| 29 | Carry out study on whether the women workers in the formal and informal sector are getting equal pay for equal work | MOWCSC | Province and local level | Second year | Study report |
| 32 | Take diplomatic initiative for implementation of the provision of equal pay for equal work for Nepali workers in the destination countries | MOFA/diplomatic mission | MOLESS/foreign employment entrepreneurs | Continu ous | Equal pay for equal work implemented |
| 47 | Encourage the development of LGBTIQA++ and disabled friendly workplace in the enter prises | MOLESS/MOICS | Business enterprises | Continu ous | Gender-friendly, disabled-friendly and LGBTIQA++ friendly workplace available |
| 49 | Put an end to all kinds of discrimination based on gender, geography, race, religion, language and ideology in the business enterprises. | All ministries and com missions | Business enterprises | Regular | End of discrimination |
| 50 | To run awareness raising so as to guarantee the right to gender equality and non discrimination. | All ministries and com missions | Business enterprises | Regular | Programmes organised |
2. Respect
| 64 | To build discrimination-free, sexual violence free, abuse-friend and human rights friendly working environment in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Labour law complied |
| 65 | To establish and mobilize gender equality fund in the enterprises. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Establishment and mobilization of gender equality fund |
| 66 | To manage mother child-friendly breast feeding room, child care centre and separate gender-friendly toilets in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Provision of mother child friendly breast feeding room, child care centre and separate gender friendly toilets |
| 67 | To 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/ federation | Trade union/MOLESS | Continuous | Compliance of labour law |
| 83 | To implement equal pay for equal work provision without any discrimination based on gender, geography, ethnicity, religion, language and ideology in the business enterprise | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Provision of equal pay for equal work implemented |
| 84 | To identify and enlist the works that require policy of positive discrimination. | Business enterprises/ thematic association/ federation | Labour and Employment Office | First year | Listing of works |
| 85 | To run orientation and sensitization pro gramme on human rights in the workplace for equality and non-discrimination. | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Programme implemented |
| 87 | To mobilize the umbrella association/organisations of the entrepreneurs effectively for promotion of equality and non-discrimination. | Business enterprises/ thematic association/ federation | Business enterprises | Continuous | Mechanism run effectively |
3. Remedy
| 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 |
| 114 | To 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 sions | Stakeholders | Continuous | Mechanism run effectively |
| 115 | To 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 commissions | Stakeholders | Continuous | Effective monitoring |
| 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 |
| 120 | Manage an Ombudsperson for hearing the grievances of gender-based and racial discrimination in the enterprises | Business enterprise | MOLESS | Continuous | Provision of Ombudsperson |
Export credit
The Nepalese NAP makes no direct reference to Export credit.
Extractives sector
The Nepalese NAP makes no direct reference to the Extractives Sector.
Extraterritorial jurisdiction
2.2 Business and Human Rights Implementation Action Plan
- 1. Protection
| 15 | To reach bilateral and multilateral labour agreement to ensure that Nepali citizens who are employed abroad receive service and benefits according to international standards | MOLESS | Ministry of Foreign Affairs/ Nepali diplomatic mission/ | Continu ous | Nepali workers in foreign employment receive service and benefits as per international labour law |
| 30 | Including business and human rights issues in the bilateral labour agreement and MoUs reached with the destination countries for foreign employment | MOLESS | MoFA/diplomatic mission/ destination countries | Continu ous | Business and human rights issues included in labour agreements |
| 31 | To effectively implement the legal provision of sending trained workers for foreign employment | MOLESS | Training provider institutions/ foreign employment entrepreneurs/destination countries | Second year | Increase in number of trained workers |
2. Respect
| 68 | The foreign employment entrepreneurs to develop and enforce ethical recruitment policy of the organization as per the prevailing national and international labour laws. | Entrepreneurs/foreign employment entre preneurs association/ federation | Department of foreign employment/Foreign Employment Board | Second year | Development and enforcement of ethical recruitment policy |
| 69 | To increase the awareness and capacity of foreign employment entrepreneurs on business and human rights sensitization and compliance. | Entrepreneurs/foreign employment entre preneurs association/ federation | Department of foreign employment/Foreign Employment Board | Continuous | capacity of foreign employment entre preneurs increased |
| 70 | To carry out effective coordination with stakeholder agencies and employers in the destination countries for ensuring safety and decent working environment for Nepali workers in the destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | MOLESS/Foreign Employment Board/ diplomatic missions | Continuous | Safe workplace guaranteed |
| 71 | To coordinate for arrangement of accommodation, food and medical care of the Nepali workers in destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | Employers of destination countries/Foreign Employment Board | Continuous | Provision of ac commodation, food and medical treatment |
| 72 | The foreign employment entrepreneurs’ association/federation to develop and enforce a code of conduct for business operation and protection of human rights. | Entrepreneurs/foreign employment entre preneurs association/ federation | Foreign Employment Entrepreneurs | First year | Code of conduct implemented |
3. 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 |
Finance & banking sector
The Nepalese NAP makes no direct reference to the Finance and banking sector.
Fisheries and aquaculture sectors
The Nepalese NAP makes no direct reference to the Fisheries and aquaculture sector.
Forced labour & modern slavery
2.2 Business and Human Rights Implementation Action Plan
- 1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 2 | To review the laws related to abolition of forced labour. | MOLESS | Ministry of Law, Justice and Parliamentary Affairs (MOLJPA)/Trade Union/ Umbrella organisations of business sector | Third year | Law reviewed |
| 5 | To carry out study on the state of child labour, all kinds of discriminatory practices, and the right to association within the business | Institute of policy studies) | MOLESS Local level/Labour and Employment Office | First year | Study report |
| 12 | To 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 union | Provincial government, organisations working in the field of human rights, civil society | Continu ous | Awareness programmes on labour rights implemented in local levels |
| 14 | To effectively implement the national master plan on prohibition of child labour (2075 2085) | MOLESS | MOICS, MOWCSC | Continu ous from first year | Action plan implemented |
| 23 | To carry out survey on child labour and discriminatory practices within the business sector | MOWCSC | stakeholder | First year | Study report |
2. Respect
| 55 | The party employing in daily wage labour to do so by signing a mandatory contract agreement with the workers. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Mandatory contract agreement with workers |
- 3. Remedy
| 106 | To address the problem of undocumented workers, workers in jail and those undergoing treatment in hospital after falling seriously ill in the destination countries through justified measures. | Foreign employment board, department of foreign employment and foreign employ ment tribunal | MOLESS | Continuous | Problem resolved |
Freedom of association
2.2 Business and Human Rights Implementation Action Plan
- 1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 5 | To carry out study on the state of child labour, all kinds of discriminatory practices, and the right to association within the business | Institute of policy studies) | MOLESS Local level/Labour and Employment Office | First year | Study report |
Garment, Textile and Footwear Sector
The Nepalese NAP makes no direct reference to the Garment, Textile and Footwear Sector.
Gender & women’s rights
The Nepalese NAP contains a background section:
2.1.3 Rights of Women and Children
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 12 | To 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 union | Provincial government, organisations working in the field of human rights, civil society | Continu ous | Awareness programmes on labour rights implemented in local levels |
| 24 | To update and implement standards related to breastfeeding room and child care centre in the workplace | MOWCSC | Business enterprises and thematic associations/fed erations | Continu ous | Updated standards of breast feeding room and child care centres |
| 26 | To carry out study on workplace sexual harassment, abuse and gender-based discrimination | National Women’s Commission | Business enterprises | Second year | Study report |
| 27 | To study the state of implementation of the legal provision to give priority to women in employment along with the special privileges provided by the state | MOLESS | MOWCSC/trade union/ business enterprises | Second year | Increased participation of women in employment |
| 28 | Formulate laws to ensure the rights of women workers working in the entertainment sector | MOLESS | MOWCSC/stakeholders | Fourth year | Law formulated |
| 29 | Carry out study on whether the women workers in the formal and informal sector are getting equal pay for equal work | MOWCSC | Province and local level | Second year | Study report |
| 34 | Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment. | MOFE | Business enterprise/pro poser | Continu ous | Meaning participation and consultation |
| 35 | To implement the recommendation of the CEDAW committee on rights of women and indigenous nationalities | MOWCSC | Indigenous and nationalities commission | Continu ous | Regular implementation of recommendations |
| 47 | Encourage the development of LGBTIQA++ and disabled friendly workplace in the enter prises | MOLESS/MOICS | Business enterprises | Continu ous | Gender-friendly, disabled-friendly and LGBTIQA++ friendly workplace available |
| 49 | Put an end to all kinds of discrimination based on gender, geography, race, religion, language and ideology in the business enterprises. | All ministries and com missions | Business enterprises | Regular | End of discrimination |
| 50 | To run awareness raising so as to guarantee the right to gender equality and non discrimination. | All ministries and com missions | Business enterprises | Regular | Programmes organised |
2. Respect
| 62 | To develop the structures used for business operations in a consumer (disabled/senior citizen/women and children) friendly manner | Business enterprises | Thematic association/ federation/consumer rights activists | Continuous | Consumer-friendly structures |
| 64 | To build discrimination-free, sexual violence free, abuse-friend and human rights friendly working environment in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Labour law complied |
| 65 | To establish and mobilize gender equality fund in the enterprises. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Establishment and mobilization of gender equality fund |
| 66 | To manage mother child-friendly breast feeding room, child care centre and separate gender-friendly toilets in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Provision of mother child friendly breast feeding room, child care centre and separate gender friendly toilets |
| 67 | To 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/ federation | Trade union/MOLESS | Continuous | Compliance of labour law |
| 83 | To implement equal pay for equal work provision without any discrimination based on gender, geography, ethnicity, religion, language and ideology in the business enterprise | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Provision of equal pay for equal work implemented |
3. Remedy
| 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 |
| 98 | To adopt a policy of zero tolerance towards women and child rights violation | Nepali Police/courts | MOWCSC/stakeholder | Continuous | Zero tolerance to violation of women and child rights |
| 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 |
| 115 | To 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 commissions | Stakeholders | Continuous | Effective monitoring |
| 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 |
| 120 | Manage an Ombudsperson for hearing the grievances of gender-based and racial discrimination in the enterprises | Business enterprise | MOLESS | Continuous | Provision of Ombudsperson |
Guidance to business
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 6 | To provide basic information to the employees concerned and business proprietors about workers’ rights prior to providing business operation license. | MOICS, | Local level/MOLESS | continuous | Company proprietor and concerned employees are informed about labour rights |
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| 69 | To increase the awareness and capacity of foreign employment entrepreneurs on business and human rights sensitization and compliance. | Entrepreneurs/foreign employment entrepreneurs association/ federation | Department of foreign employment/Foreign Employment Board | Continuous | capacity of foreign employment entrepreneurs increased |
Health and social care
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| 60 | To provide regular health service and psychosocial counselling service in the enterprises. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | health service and psychosocial counselling service available |
Human rights defenders & Civic space
The Nepalese NAP makes no direct reference to Human rights defenders & civic space.
Human rights impact assessments
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 33 | Make the preliminary environment assessment, environmental impact assessment and overall impact assessment system to be carried out prior to operation of a business objective and factual in relation to the rights of the community/people living in the environment and affected areas | Ministry of Forest and Environment (MOFE) | Business enterprises/pro poser | Continu ous | Objective and factual report |
| 34 | Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment. | MOFE | Business enterprise/pro poser | Continu ous | Meaning participation and consultation |
Indigenous Peoples
The Nepalese NAP contains a background section on:
2.1.5 Environment and Rights of Indigenous Nationalities
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 34 | Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment. | MOFE | Business enterprise/pro poser | Continu ous | Meaning participation and consultation |
| 35 | To implement the recommendation of the CEDAW committee on rights of women and indigenous nationalities | MOWCSC | Indigenous and nationalities commission | Continu ous | Regular implementation of recommendations |
| 36 | Include the rights of the indigenous nationalities and other communities guaranteed by national and international laws during formulation of the standards related to environment protection | MOFE/local level | Indigenous and nationalities commission | Continu ous | Rights of indigenous nationalities and other communities ensured in standards |
2. Respect
| 73 | To include the participation of indigenous nationalities and the situation of the beneficiaries as indicators while carrying out preliminary environmental assessment and environmental impact assessment. | Business enterprises/ thematic association/ federation | MOFE | Continuous | Report on measurement of involvement of indigenous nationalities |
| 82 | To run programmes to protect and promote the traditional vocational skills of the indigenous nationalities. | Business enterprises/ thematic association/ federation | Continuous | Programme implemented |
3. Remedy
| 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 |
Information and communications technology (ICT) and electronics sector
The Nepalese NAP makes no direct reference to the Information and communications technology (ICT) and electronics sector.
Read more about Information and communications technology (ICT) and electronics sector
Investment treaties & investor-state dispute settlements (ISDS)
The Nepalese NAP makes no direct reference to Investment treaties and investor-state dispute settlement (ISDS).
Read more about Investment treaties & investor-state dispute settlements (ISDS)
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 |
Land and natural resources
The Nepalese NAP makes no direct reference to Investment treaties and investor-state dispute settlement (ISDS).
Mandatory human rights due diligence
The Nepalese NAP makes no direct reference to Mandatory human rights due diligence.
Migrant workers
The Nepalese NAP contains a background section on:
2.1.4 Rights of workers in foreign employment
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 15 | To reach bilateral and multilateral labour agreement to ensure that Nepali citizens who are employed abroad receive service and benefits according to international standards | MOLESS | Ministry of Foreign Affairs/ Nepali diplomatic mission/ | Continu ous | Nepali workers in foreign employment receive service and benefits as per international labour law |
| 16 | To monitor if the workers working in multinational companies are getting service and benefits as in the multination companies in the origin countries | MOIC/trade union | MOLESS | Continu ous | Monitoring report |
| 30 | Including business and human rights issues in the bilateral labour agreement and MoUs reached with the destination countries for foreign employment | MOLESS | MoFA/diplomatic mission/ destination countries | Continu ous | Business and human rights issues included in labour agreements |
| 31 | To effectively implement the legal provision of sending trained workers for foreign employment | MOLESS | Training provider institutions/ foreign employment entrepreneurs/destination countries | Second year | Increase in number of trained workers |
| 32 | Take diplomatic initiative for implementation of the provision of equal pay for equal work for Nepali workers in the destination countries | MOFA/diplomatic mission | MOLESS/foreign employment entrepreneurs | Continu ous | Equal pay for equal work implemented |
2. Respect
| 68 | The foreign employment entrepreneurs to develop and enforce ethical recruitment policy of the organization as per the prevailing national and international labour laws. | Entrepreneurs/foreign employment entre preneurs association/ federation | Department of foreign employment/Foreign Employment Board | Second year | Development and enforcement of ethical recruitment policy |
| 69 | To increase the awareness and capacity of foreign employment entrepreneurs on business and human rights sensitization and compliance. | Entrepreneurs/foreign employment entre preneurs association/ federation | Department of foreign employment/Foreign Employment Board | Continuous | capacity of foreign employment entre preneurs increased |
| 70 | To carry out effective coordination with stakeholder agencies and employers in the destination countries for ensuring safety and decent working environment for Nepali workers in the destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | MOLESS/Foreign Employment Board/ diplomatic missions | Continuous | Safe workplace guaranteed |
| 71 | To coordinate for arrangement of accommodation, food and medical care of the Nepali workers in destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | Employers of destination countries/Foreign Employment Board | Continuous | Provision of ac commodation, food and medical treatment |
| 72 | The foreign employment entrepreneurs’ association/federation to develop and enforce a code of conduct for business operation and protection of human rights. | Entrepreneurs/foreign employment entre preneurs association/ federation | Foreign Employment Entrepreneurs | First year | Code of conduct implemented |
3. Remedy
| 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 |
| 106 | To address the problem of undocumented workers, workers in jail and those undergoing treatment in hospital after falling seriously ill in the destination countries through justified measures. | Foreign employment board, department of foreign employment and foreign employ ment tribunal | MOLESS | Continuous | Problem resolved |
National Human Rights Institutions (NHRIs)/ Ombudspersons
2.2 Business and Human Rights Implementation Action Plan
3. Remedy
| 120 | Manage an Ombudsperson for hearing the grievances of gender-based and racial discrimination in the enterprises | Business enterprise | MOLESS | Continuous | Provision of Ombudsperson |
Read more about National Human Rights Institutions (NHRIs)/ Ombudspersons
Non-judicial grievance mechanisms
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 |
OECD National Contact Points (NCPs)
The Nepalese NAP makes no direct reference to OECD National Contact Points (NCPs). Nepal is not a member of the OECD.
Persons with disabilities
.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 34 | Effective enforcement of the provision related to meaningful participation and free prior and informed consent of the stakeholders including indigenous nationalities, Dalits, women, children, representatives of customary organisations, people with disabilities and senior citizens of the affected zone in preliminary environment assessment, environmental impact assessment and social impact assessment. | MOFE | Business enterprise/pro poser | Continuous | Meaning participation and consultation |
| 47 | Encourage the development of LGBTIQA++ and disabled friendly workplace in the enter prises | MOLESS/MOICS | Business enterprises | Continuous | Gender-friendly, disabled-friendly and LGBTIQA++ friendly workplace available |
| 48 | To make easy availability of tools and equipment used by the workers/labourers with disability. | MOWCSC | Business enterprises | Continuous | Easy availability of tools and equipment used by people with disability |
2. Respect
| 62 | To develop the structures used for business operations in a consumer (disabled/senior citizen/women and children) friendly manner | Business enterprises | Thematic association/ federation/consumer rights activists | Continuous | Consumer-friendly structures |
Privatisation
2. Respect: Majority of the works related to goods and services traditionally carried out by the government is now being carried out by the business sector. With the state adopting a liberal market policy promoting the private sector, the business sector has an important role in the supply of goods and services.
Public procurement
The Nepalese NAP makes no direct reference to Public procurement.
Security & Defence sector
The Nepalese NAP makes no direct reference to the Security & Defence sector.
Small & medium-sized enterprises (SMEs)
The Nepalese NAP makes no direct reference to Small and medium enterprises (SMEs).
State Owned Enterprises/ Public Private Partnerships
The Nepalese NAP makes no direct reference to State owned enterprises/ public private partnerships.
Read more about State Owned Enterprises/ Public Private Partnerships
Supply chains
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 58 | Respect the rights of workers and consumers in the goods and services supply chain. | Employer/business enterprise/thematic association/federation | Trade Union/MOICS | Continuous | Respect of workers and consumer rights |
Sustainability Reporting
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 51 | The enterprises to include human rights issues in their internal policy, operations and regulations. | Employer/business enterprise/thematic association/federation | MOICS/trade union/human rights organisations | Continuous | Enterprises are committed to respecting human rights` |
| 53 | The business enterprise to mandatorily submit labour audit report to the specified agency and make it public. | Business enterprises | Department of Labour and Occupational Safety/ Labour and Employment Office | Every year | Labour audit report made public in all enterprises |
| 86 | To carry out human rights compliance test in the enterprises and make its report public. | Business enterprises/ thematic association/ federation | Human rights workers | Every year | report |
Sustainable Development
The Nepalese NAP makes no direct reference to Sustainable development.
Tax
The Nepalese NAP makes no direct reference to Tax.
Tourism sector
2.1.5.2 The responsibility of the business sector in respect of environment and the rights of indigenous nationalities Tourism, national parks and wildlife are also affecting the daily life of the indigenous nationalities.
Trade
| The Nepalese NAP makes no direct reference to Tax. It includes actions related to Bilateral Labour Agreements and MoUs. |
Workers’ rights
The Nepalese NAP contains background sections on:
2.1.1 Rights of Workers
2.1.4 Rights of workers in foreign employment
2.2 Business and Human Rights Implementation Action Plan
1. Protection
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 6 | To provide basic information to the employees concerned and business proprietors about workers’ rights prior to providing business operation license. | MOICS, | Local level/MOLESS | continu ous | Company propri etor and concerned employees are informed about labour rights |
| 8 | To develop national employment management information system (NEMIS) and maintain records of labour force working in the formal and informal sector, and available in the market, and the available job opportunities | MOLESS | MOICS/local level business enterprises, /trade union and workers | Third year | Integrated records prepared |
| 9 | To develop an action plan to ensure the labour rights of the workers in the informal sector. | MOLESS | trade union and workers | Second year | Action plan |
| 10 | To set up human rights desk in the thematic association/federation of the business sector | Thematic association/ federations | Employers/business enter prises/trade union/workers | First year | Human Right Desk established in the federations |
| 11 | To develop and operate a tripartite monitoring mechanism for compliance of labour rights | MOLESS | Business enterprises trade union and workers | Continu ous | Tripartite monitoring mechanism developed and mobilized |
| 12 | To 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 union | Provincial government, organisations working in the field of human rights, civil society | Continu ous | Awareness programmes on labour rights implemented in local levels |
| 13 | To enroll all workers in self-employment, and in the formal and informal sectors to the con tribution-based social security system. | Social Security Fund | MOLESS/ business enter prise/trade union | Continu ous from first year | All workers to the social security fund |
| 15 | To reach bilateral and multilateral labour agreement to ensure that Nepali citizens who are employed abroad receive service and benefits according to international standards | MOLESS | Ministry of Foreign Affairs/ Nepali diplomatic mission/ | Continu ous | Nepali workers in foreign employment receive service and benefits as per international labour law |
| 16 | To monitor if the workers working in multinational companies are getting service and benefits as in the multination companies in the origin countries | MOIC/trade union | MOLESS | Continu ous | Monitoring report |
| 17 | To formulate occupational safety and health standards. | Labour and occupational safety department | MOLESS, trade union, hu man experts | Third year | Standards formulated |
| 30 | Including business and human rights issues in the bilateral labour agreement and MoUs reached with the destination countries for foreign employment | MOLESS | MoFA/diplomatic mission/ destination countries | Continu ous | Business and human rights issues included in labour agreements |
| 31 | To effectively implement the legal provision of sending trained workers for foreign employment | MOLESS | Training provider institutions/ foreign employment entrepreneurs/destination countries | Second year | Increase in number of trained workers |
| 32 | Take diplomatic initiative for implementation of the provision of equal pay for equal work for Nepali workers in the destination countries | MOFA/diplomatic mission | MOLESS/foreign employment entrepreneurs | Continu ous | Equal pay for equal work implemented |
| 47 | Encourage the development of LGBTIQA++ and disabled friendly workplace in the enter prises | MOLESS/MOICS | Business enterprises | Continu ous | Gender-friendly, disabled-friendly and LGBTIQA++ friendly workplace available |
| 48 | To make easy availability of tools and equipment used by the workers/labourers with disability. | MOWCSC | Business enterprises | Continu ous | Easy availability of tools and equipment used by people with disability |
2.2 Business and Human Rights Implementation Action Plan
2. Respect
| S.No. | Activity | Responsible agency | Partner agency | Timeline | Performance Indicator |
| 54 | To carry out training programmes for the skills development and capacity building of workers and employees working in the business enterprises. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Skills developed and capacity enhanced of workers and employees working in the enterprises |
| 55 | The party employing in daily wage labour to do so by signing a mandatory contract agreement with the workers. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Mandatory contract agreement with workers |
| 56 | Business enterprise to fully implement international standards related to occupational safety and health. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | Implementation of international standards related to occupational safety and health |
| 57 | To carry out coordination, cooperation and collaboration in labour inspection activities. | Employer/business enterprise | Trade Union/thematic association, federation | Continuous | Coordination and collaboration |
| 58 | Respect the rights of workers and consumers in the goods and services supply chain. | Employer/business enterprise/thematic association/federation | Trade Union/MOICS | Continuous | Respect of workers and consumer rights |
| 60 | To provide regular health service and psychosocial counselling service in the enterprises. | Employer/business enterprise/thematic association/federation | Trade union | Continuous | health service and psychosocial counselling service available |
| 62 | To develop the structures used for business operations in a consumer (disabled/senior citizen/women and children) friendly manner | Business enterprises | Thematic association/ federation/consumer rights activists | Continuous | Consumer-friendly structures |
| 64 | To build discrimination-free, sexual violence free, abuse-friend and human rights friendly working environment in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Labour law complied |
| 66 | To manage mother child-friendly breast feeding room, child care centre and separate gender-friendly toilets in the workplace. | Business enterprises/ thematic association/ federation | Trade union/MOLESS | Continuous | Provision of mother child friendly breast feeding room, child care centre and separate gender friendly toilets |
| 67 | To 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/ federation | Trade union/MOLESS | Continuous | Compliance of labour law |
| 68 | The foreign employment entrepreneurs to develop and enforce ethical recruitment policy of the organization as per the prevailing national and international labour laws. | Entrepreneurs/foreign employment entre preneurs association/ federation | Department of foreign employment/Foreign Employment Board | Second year | Development and enforcement of ethical recruitment policy |
| 70 | To carry out effective coordination with stakeholder agencies and employers in the destination countries for ensuring safety and decent working environment for Nepali workers in the destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | MOLESS/Foreign Employment Board/ diplomatic missions | Continuous | Safe workplace guaranteed |
| 71 | To coordinate for arrangement of accommodation, food and medical care of the Nepali workers in destination countries. | Entrepreneurs/foreign employment entre preneurs association/ federation | Employers of destination countries/Foreign Employment Board | Continuous | Provision of ac commodation, food and medical treatment |
| 72 | The foreign employment entrepreneurs’ association/federation to develop and enforce a code of conduct for business operation and protection of human rights. | Entrepreneurs/foreign employment entre preneurs association/ federation | Foreign Employment Entrepreneurs | First year | Code of conduct implemented |
| 83 | To implement equal pay for equal work provision without any discrimination based on gender, geography, ethnicity, religion, language and ideology in the business enterprise | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Provision of equal pay for equal work implemented |
| 85 | To run orientation and sensitization pro gramme on human rights in the workplace for equality and non-discrimination. | Business enterprises/ thematic association/ federation | Labour and Employment Office | Continuous | Programme implemented |
3. Remedy
| 92 | To enhance the capacity of employees in the market monitoring committees at the federal, province and local level. | MOICS | Department of commerce, supplies and consumer interest protection/province government/local level | Continuous | Capacity developed |
| 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 |
| 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 |
| 106 | To address the problem of undocumented workers, workers in jail and those undergoing treatment in hospital after falling seriously ill in the destination countries through justified measures. | Foreign employment board, department of foreign employment and foreign employ ment tribunal | MOLESS | Continuous | Problem resolved |
| 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 |
