A/HRC/61/41/Add.1
file cases and the lack of protection for victims and witnesses.41 The Special Rapporteur was
also informed time and again that victims and witnesses were often encouraged by authorities
and members of their community to not file or to drop a complaint in order to resolve matters
informally. According to information from the Office of the Attorney General, between the
fiscal years 2011/12 and 2023/24, 144 caste-based discrimination and untouchability cases
were decided by district courts, of which only 81 led to convictions, while 63 resulted in
acquittals. Similarly, out of 67 cases decided by high courts during the same time period,
17 resulted in convictions, with 50 acquittals. At the Supreme Court level, only seven cases
have been adjudicated, with four convictions and three acquittals.
21.
The Special Rapporteur echoes the concerns expressed by the Committee on the
Elimination of Discrimination against Women concerning the absence of comprehensive
anti-discrimination legislation that could protect minorities and other disadvantaged and
marginalized groups facing intersecting forms of discrimination. 42 The Special Rapporteur
would welcome comprehensive anti-discrimination legislation43 protecting ethnic, religious
and linguistic minorities, including those affected by forms of intersectional discrimination,
such as Dalit women, the Tharu community, the Badi community, minorities belonging to
the lesbian, gay, bisexual, transgender, queer and intersex communities, Dalits and minorities
with disabilities, Madhesis, Muslims and Christians. Such legislation would prohibit all
forms of discrimination based on all grounds recognized in international law and cover all
areas of life, including work, housing, healthcare, justice and political participation.
Moreover, comprehensive anti-discrimination law would enhance access to justice for
minorities and Dalits. For example, while the Caste-based Discrimination and Untouchability
(Offence and Punishment) Act criminalizes caste-based discrimination, a comprehensive
anti-discrimination law could provide civil remedies (including damages, injunctions and
orders to change discriminatory practices) and would lower the evidentiary burdens needed
in comparison with criminal prosecution under the Act. In addition, a comprehensive
anti-discrimination law would address structural or institutional discrimination against
minorities and Dalits within school systems and in the delivery of public services, hiring
practices and access to housing.
3.
National human rights institutions
22.
The National Human Rights Commission is a constitutional body (art. 248 (1)) and
the country’s national human rights institution accredited with A status by the Global
Alliance of National Human Rights Institutions. The National Human Rights Commission
Act (2012) describes the functions, duties, powers and procedures of the Commission. 44 In
terms of its resources, the Commission reports that its funding appropriation needs to be
increased in order for it to ensure the full implementation of its mandate, in alignment with
the principles relating to the status of national institutions for the promotion and protection
of human rights (the Paris Principles). In this regard, the Sub-Committee on Accreditation of
the Global Alliance of National Human Rights Institutions has recommended that, in addition
to advocating for increased funding, the Commission should also engage with marginalized
groups and communities, including in regional and remote areas, and address all
complaints.45
23.
In addition to the National Human Rights Commission, and the already existing
National Women Commission, the 2015 Constitution created the National Dalit Commission,
the National Inclusion Commission, the Madhesi Commission, the Tharu Commission, the
Muslim Commission and the Indigenous Nationalities Commission, with the mandates to
41
42
43
44
45
GE.26-01953
See https://idsn.org/wp-content/uploads/2025/09/FINAL-Executive-Summary-and-Briefing-UPRNepal-4th-Cycle.pdf; and
https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=15106&file=EnglishTranslation.
CEDAW/C/NPL/CO/7, para. 10.
For guidance on enacting comprehensive anti-discrimination legislation, see
www.ohchr.org/sites/default/files/documents/publications/2022-1128/OHCHR_ERT_Protecting_Minority%20Rights_Practical_Guide_web.pdf.
To better align with constitutional provisions and to ensure coherence with the Paris Principles, a new
bill has been drafted to replace the 2012 Act (A/HRC/WG.6/51/NPL/1, para. 20).
See https://ganhri.org/wp-content/uploads/2025/04/en-sca-report-march-2025-april-23.pdf.
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