During a recent address in Kathmandu, UN Special Rapporteur on minority issues, Nicolas Levrat, called upon Nepal to enhance the implementation of its constitutional safeguards designed to end discrimination against minority groups, particularly Dalits. Despite lauding Nepal for its progressive legislative framework, Levrat highlighted persistent enforcement gaps that obstruct minorities from fully realizing their human rights through JURIST.
The Constitution of Nepal (2015) articulates comprehensive protections against discrimination. Article 18 assures equality and prohibits discrimination based on caste, religion, language, origin, and social status. Moreover, Article 40 historically recognizes Dalit rights, and Article 42 ensures proportional representation and social justice. Despite these protections, Levrat emphasized a disconnect between legal provisions and practical application, where constitutional recognition falls short of effective ground-level protection.
Levrat addressed ongoing caste-based discrimination despite enactment of the Caste-Based Discrimination and Untouchability (Offence and Punishment) Act (2011). In 2024, district courts filed 52 caste-based discrimination cases, leading to only 15 convictions. High courts saw 42 cases with just 10 convictions, undermining justice due to high acquittal rates. A 63 percent acquittal rate in violence cases against Dalits, as reported, perpetuates a troubling culture of impunity.
Nepal’s adherence to UN human rights treaties complements its constitutional efforts, yet challenges like caste-based discrimination, religious exclusion, and socio-economic marginalization persist. Human Rights Watch has pointed out barriers linguistic minorities face, notably being unable to file police complaints in languages other than Nepali, which especially impacts women from minority communities.
The fiscal year 2024–2025 saw the government consider only 31.5 percent of the National Human Rights Commission’s recommendations, implementing a mere 13.4 percent. Levrat described the government’s response to these advisories as critically insufficient. The inefficacy is exacerbated by underfunded constitutional commissions, including those for the Dalit, Inclusion, and Indigenous Nationalities, which face operational challenges due to inadequate government action on their findings.
Further concerns include restrictions on religious freedom, where Levrat noted selective enforcement of anti-conversion laws, impacting Christians and Muslims. These concerns have unfolded amidst political turbulence, evidenced by protests and an interim government establishment, signaling further instability as reported by Al Jazeera.
Levrat’s findings are anticipated in a comprehensive report for the UN Human Rights Council in March 2026, where detailed recommendations will be formalized to urge Nepal towards meaningful enforcement of its minority rights framework.