A/HRC/61/41/Add.1 to prohibit caste-based discrimination. 70 Despite the existence of the Caste-based Discrimination and Untouchability (Offence and Punishment) Act, discrimination and negative attitudes against Dalits remain rampant, and Dalits continue to face deep-rooted discrimination. For example, Dalits are often excluded from being hired as cooks or as office assistants, as non-Dalits will not want to consume the food that they prepare and serve, due to the “untouchability” belief and practice. 45. There are several cases where the Nepali justice system has failed to deliver, including with regard to the Rukum massacre in Karnali Province, where, in 2021, a Dalit man, Nawaraj BK, and his friends were killed by opponents of his inter-caste relationship. 71 Another case where the delivery of justice remains pending concerns the 2016 death of Ajit Dhakal Mijar – another Dalit young person who was found dead in a suspicious manner after having been in an inter-caste relationship.72 While the case is before the Supreme Court, his body has remained preserved for the past nine years in the morgue of a hospital. As all legal remedies are not exhausted, the Special Rapporteur expresses his hope that justice will be rendered soon. 46. While the Constitution guarantees the rights to be free from any kind of slavery 73 and the Bonded Labour Prohibition Act (2002) 74 officially abolished bonded labour, it is estimated that approximately 400,000 people, including children, are agricultural bonded labourers in Nepal.75 Various so-called lower caste groups within the Dalit community have been subjected to forms of bonded labour, including the Hurawa-Charuwa agricultural bonded labourers in the eastern Terai, 76 the Haliya agricultural bonded labourers in the western hills77 and the Kamaiya in the western Terai. While the Haliya system was abolished in 2008 and a rehabilitation framework was established in 2023, the International Labour Organization reports that thousands of formerly bonded Hilaya families in Karnali Province face significant challenges in access to housing, education and healthcare, while they are also excluded from formal employment.78 47. Intersectional discrimination exacerbates Dalits’ vulnerability. Amnesty International explains that Madhesi Dalits occupy the lowest position in the social hierarchy of Nepal and lag significantly behind Hill Dalits and all other caste groups across nearly every social indicator. Madhesi Dalit women face even greater vulnerability, experiencing layered discrimination based on caste, gender, class and language, particularly as many do not speak Nepali, further limiting their access to services and rights.79 70 71 72 73 74 75 76 77 78 79 GE.26-01953 The Convention prohibits any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin. Committee on the Elimination of Racial Discrimination, general recommendation No. 29 (2002) on descent in the context of article 1 (1) of the Convention. See https://www.ohchr.org/en/press-releases/2020/05/nepal-bachelet-condemns-dalit-killings-callsindependent-investigation. See https://amnestynepal.org/press_release/en-ensure-accountability-and-justice-in-ajit-dhakal-mijarscase. Article 29 (3) of the Constitution bans the sale and trafficking of human persons and prohibits the practice of bonded labour. Similarly, article 29 (4) states that no one can be forced to work against their will. In article 51, under State policy, it is mentioned that the rehabilitation of Kamaiya (bonded labourers), Kamlari, Haruwa-Charuwa, Haliya, the landless and squatters is done by identifying them and making arrangements for housing or providing a small plot of land or house, employment or arable land for their livelihood. See https://daobanke.moha.gov.np/assets/23/bonded_labour_prohibition_act_2058_2002.pdf/file. The International Labour Organization indicates that Freedom Fund reports that nearly 400,000 people, including women and children, are estimated to be in agricultural bonded labour across Nepal. See https://www.ilo.org/sites/default/files/2025-06/Analysis%20of%20situation%20of %20the%20free-Haliyas%20in%20karnali%20Province%20of%20Nepal.pdf. The Harawa-Charawa agriculture bonded labourers were declared liberated in 2022. See www.freedomfund.org/news/harawa-charawa_liberation_announcement/. See www.ilo.org/sites/default/files/2025-06/Analysis%20of%20situation%20of%20the%20freeHaliyas%20in%20karnali%20Province%20of%20Nepal.pdf. See www.ilo.org/sites/default/files/2025-06/Analysis%20of%20situation%20of%20the%20freeHaliyas%20in%20karnali%20Province%20of%20Nepal.pdf. See www.amnesty.org/en/documents/asa31/7980/2024/en/. 13