undue fee structures in private schools, adulteration in commodities, workers’
safety, hygiene and other rights in industries, child labor, environmental hazards,
medical negligence, and undue charges for treatment, etc.
Land Encroachment in Nepal
The Nepalese Constitution protects the right to property (Art. 25). The
State may only acquire the property of an individual when the public interest
requires it, and only then with proper compensation. Environment Impact
Assessments (EIA) and Initial Environmental Examinations (IEE) as required by the
Environment Protection Act, 1996 are conducted for all business and resource
development activities. However, these measures are not sufficient to protect
poor and vulnerable peoples from the adverse impacts of business activities.
Also, traditional land and territories are not recognized by Nepalese laws and
policies. The requirement to obtain free, prior, and informed consent from local
communities is largely neglected by business operators in the field.
National Human Rights Commission (NHRC) initiatives
on protecting business related human rights
The Constitution of Nepal provides for the rights to a clean environment
(Art. 30), education (Art. 31), employment (Art. 33), labor (Art. 34), and health
(Art. 35). The Constitution also protects the rights of women (Art. 38), children
(Art.39), and consumers (Art. 44). Consciousness about these rights contributes
to more responsible behavior on the part of the business community. The
following are some examples of the NHRC’s initiatives:
Consumers’ rights: The NHRC has issued monitoring ‘directives’ for the
protection of consumer rights in 2011, which provides for monitoring of not only
the supply of goods but also unfair, restrictive, or monopolistic trade practices.
More importantly, the directives also provide for monitoring of grievance
handling (NHRC, 2012b). In October 2014, the NHRC recommended making
the function of the Food Standard Committee more effective, and inspecting
whether the ratio of preservatives used in food is within the standard provided
by the Food Regulation 1970 (NHRC, 2014).
ANGOC and KPA
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