Amnesty International has voiced strong criticism against the Nepalese government for failing to protect the right to housing, resulting in homelessness particularly affecting marginalized groups such as the Dalit and indigenous peoples. The organization highlighted the repeated forced evictions conducted by the authorities, urging the government to adopt measures that safeguard citizens’ right to housing per international law. A report by Amnesty details these failings, noting that the lack of enforcement of the Nepalese Constitution and the Right to Housing Act has exacerbated the situation. The report further chronicled cases of forced evictions from 2020 to 2024, with significant adverse impacts on vulnerable communities.
Nirajan Thapaliya, Amnesty International’s Nepal Director, emphasized the “gap” between the legal protections provided in the constitution and the lived experiences of communities facing forced evictions. These measures often lacked due process and did not involve consultation with affected communities or provide alternative solutions and prior notice, significantly impacting families by increasing poverty and homelessness. Such evictions were frequently linked to urban development projects and conservation efforts in community forests and national parks. This situation contravenes Article 11 of the International Covenant on Economic, Social and Cultural Rights, which ensures everyone’s right to an adequate standard of living including housing.
The continuation of forced evictions can be attributed to ineffective oversight from state institutions and a misaligned regulatory framework, which failed to integrate older legislation with newer laws such as the Right to Housing Act. This incongruity has rendered numerous protective measures ineffective. Thapaliya called on Nepali authorities to ensure due process during eviction operations and establish necessary frameworks aligning with both national and international mandates on housing rights. The new Constitution enacted in 2015 aimed to enhance the human rights landscape, with the Right to Housing Act following in 2018 to ensure housing for homeless citizens. However, ongoing forcible evictions contradict these objectives, perpetuating discrimination and marginalization of vulnerable communities.
Amnesty International’s findings align with a commentary from JURIST, highlighting the inadequacies of the Right to Housing Act against global human rights benchmarks. Amid these challenges, the call for Nepal to reconcile its legislative framework with its human rights commitments becomes ever more pressing.