Therefore, there is a saying that “Nepal is best in commitment and has lots of
challenge in implementation those international commitments.”
Nepal is a party to the Covenant on Civil and Political Rights (1966) and
the Covenant on Economic, Social and Cultural Rights (1966). Likewise, United
Nations Declaration on the Rights of the Indigenous Peoples (UNDRIP) of 2006
and Indigenous and Tribal Conventions (ILO Convention 169) of 1989 are also
major human rights instruments. The rights enshrined in these conventions are
very pertinent to business and human rights as well as land rights. The obligation
of the State is to protect and promote the rights of the people recognized by
these human rights principles and standards.
Nepal has made this commitment through the Constitution and various
policies as well. These commitments should also be fulfilled by effective
implementation of the law, through honest efforts by the State.
Mainstreaming the UNGP on
Business and Human Rights in Nepal
Compliance with the principles and standards of human rights is a basic
requisite for any modern State. Nepal has an obligation to protect the rights of
its citizens. Likewise, the business sector should also respect the rights of the
citizens. Companies should work with due diligence to eliminate or reduce
adverse impacts of their business activities. In case of adverse impacts, they are
also responsible for providing effective remedies to the victims.
Along this line, the following activities are recommended:
r
The UN Guiding Principles on Business and Human Rights (UNGP
BHR) should be widely disseminated by the government and private
sector. Extensive dialogue with relevant State authorities and business
groups is key to generating better understanding and more effective
implementation of the UNGP BHR.
r NHRIs and civil society should play a significant role in promoting better
understanding of the UNGP BHR and in preparing the National Action
Plan.
r Multi-stakeholder consultation is needed in order to develop the
National Action Plan. Relevant State authorities should lead the process
68
Upholding Land Rights amidst the Land Rush
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