Nepal saw two changes of government in 2024, first in March when Prime Minister Pushpa Kamal Dahal, who is chairman of the Maoist Party, Nepal’s third largest, exchanged the Nepali Congress party for the Unified Marxist Leninist party (UML) as his principal coalition partner. In July, the Congress and UML then reached an agreement to form a coalition together, replacing Dahal as prime minister with UML chairman K.P. Oli.

Nepal’s long-awaited transitional justice law, which parliament adopted in August, incorporates positive provisions that could help advance truth seeking, justice, and reparations for the widespread human rights violations committed during the 1996-2006 conflict between government forces and Maoist rebels. However, some of its elements could undermine accountability for serious crimes.

The lack of justice for conflict-era crimes has contributed to a widespread crisis of impunity in Nepal, undermining human rights, governance, and the rule of law. Police officers accused of recent rights violations were not held accountable, while investigations of corruption allegations were met with political interference.

Around 40 percent of Nepal’s population is under 18, but only around 4 percent of the government’s social security budget is targeted at children. Nepal’s Child Grant, a proven social security program, currently benefits only a minority of children aged under five. Despite the policy’s success and popularity, where it is available, this human right was not extended in the 2024 budget.

Nepal is widely recognized for progressive court rulings to protect lesbian, gay, bisexual, and transgender (LGBT) people. However, a 2023 court order requiring the government to register same-sex marriages is still not fully implemented, and another key ruling in July 2024 – that a person should be allowed to change their gender on the basis of self-identification – also only promises narrow impact.

Child Rights

Child marriage remains a serious problem, with 33 percent of girls and 9 percent of boys married before age 18.

The Child Grant, also known as the child nutrition grant, currently involves monthly payments to families with children under the age of five in 25 out of Nepal’s 77 districts, and all Dalit children under five nationwide. It has been endorsed by numerous Nepali civil society organizations and international policy experts including at UNICEF, the International Monetary Fund, the World Bank, and the European Union. However, successive governments have not followed through on commitments to make it universally available.

Studies underscore the transformative impact of the Child Grant, including increased birth registration rates, improved access to food and clothes, and a drop in the number of children forced into labor. Research also shows that the program enhances public perceptions of the government.

Nepal became a pioneer of social security in South Asia by introducing a universal old age allowance in the 1990s. Investing in social security for children is key to ensuring Nepal’s future prosperity. Nepal’s Constitution guarantees social and economic rights, including the right to social security for all children, and the Children’s Act of 2018 provides further guarantees.

Justice and Accountability

Many survivors and families of victims of conflict era violations and abuses have lived in hardship for years, often suffering mental and physical injuries, in desperate need of redress. The new Disappeared Persons’ Enquiry, Truth and Reconciliation Commission Amendment Act, (commonly known as the transitional justice law) seeks to address shortcomings in previous legislation struck down by the Supreme Court in 2015, including because its amnesty provisions violated Nepali and international legal standards. The new law includes several positive provisions, but some sections again appear designed to shield some perpetrators from prosecution.

Under the law, crimes committed during the conflict are either classified as “violations of human rights” or “serious violations of human rights.” While offenses defined as human rights violations can be granted amnesty, “serious violations of human rights” can be referred to and prosecuted in a special court. These definitions are not consistent with Nepali or international law and could exclude some serious crimes, including war crimes and crimes against humanity, which should not be subject to amnesty. This would violate victims’ right to effective remedy and reparation.

The law also requires that both categories of violations are committed “in a targeted or planned manner against an unarmed individual or community.” This could exclude many cases not only from criminal accountability but also other measures such as reparations. A provision allowing the attorney general to make a request for a 75 percent reduction in sentencing amounts to a disguised amnesty.

The law is vague on many points. All institutions involved in the administration of justice should construe it in accordance with international law and Nepal’s Constitution. Donors and the Nepali authorities should develop and implement a system for the management of funds to support the transitional justice process that upholds standards and safeguards against political and other unwarranted interference.

Migrant Workers

Migrant workers are a mainstay of the Nepali economy, contributing around 27 per cent of GDP. Workers often take out informal loans at exorbitant interest rates to pay recruitment fees, and experience abuses by foreign employers and domestic recruitment agents that include wage theft, contract violations, sexual violence, and death and chronic illness linked to unsafe working conditions.

Sexual Orientation and Gender Identity

Nepal continues to make progress on LGBT rights, though comprehensive policy reform is needed. Same-sex marriages can be registered in principle, following an interim order from the Supreme Court. Local officials and lower courts have refused to register same-sex marriages in some cases, although appeals have been successful.

In principle, transgender people in Nepal can change their legal gender through a self-declaration process, but the gender markers are limited to a third, “other,” category. In the absence of an official protocol, transgender people often face demands for medical verification. The Supreme Court ruled in August that Rukshana Kapali, a transgender woman law student, should be legally recognized as a woman without medical verification. The ruling only applies to Kapali, but sets an important precedent for others.