A/HRC/61/41/Add.1
40.
Nepal adopted an integrated legal aid policy in 2019, which is meant to ensure access
to justice.66 There are legal aid officers providing free legal aid in 74 out of 77 districts, in
coordination with the Central Legal Aid Committee. 67 The Special Rapporteur was told on
many occasions that, in practice, victims are not able to acquire access to
government-sponsored legal aid services, but instead depend on support from civil society
organizations.
E.
Linguistic rights
41.
The Special Rapporteur observed that privileged groups, including government
officials and elites, frequently presumed that Nepali was widely spoken and understood.
However, from the most marginalized communities, including those belonging to minority
groups and Dalits who are dependent on public services for education, healthcare and
housing, experience substantial language barriers, as they may not be proficient in Nepali.
For example, when filing a complaint to the police, it is not possible to officially do so in
one’s mother tongue if it is not Nepali. This means that young Maithili-speaking women who
try to file a complaint about domestic violence at a police station in the Madhesh or Koshi
provinces face barriers in clearly explaining the violence that they experienced, leading to
incomplete and inaccurate complaints or misinterpretation by officials, which can cause their
cases to be dismissed. Ultimately, this language barrier severely impedes their equal access
to justice. Furthermore, linguistic minorities may be discouraged from reporting crimes. In a
similar vein, and in addition to some socioeconomic factors, in primary schools, children
whose mother tongue is not Nepali should be taught in their mother tongue at least during
primary school education, to ensure their equal access to education. Too many children still
drop out of school in the first year, as they do not understand the language used by their
teachers.
42.
According to the 2021 census, there are 51,373 deaf people, 51,520 hard-of-hearing
people and 10,187 deafblind people in Nepal.68 The Constitution guarantees that citizens with
disabilities have the right to free higher education (art. 31 (3)) and that citizens with a hearing
or speaking impairment have the right to free education through sign language (art. 31 (4)).
The Special Rapporteur learned that deaf and hard-of-hearing people face severe barriers in
access to employment, healthcare and schooling, all due to the lack of sign language
interpretation.
V. Situation of particularly vulnerable minority groups
A.
Dalits
43.
The Dalit community represents approximately 13 to 20 per cent of the population of
Nepal.69 While opinions may vary as to how caste-affected groups fall under the purview of
the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities, it is undisputed that Nepalis belonging to caste-affected groups face
multiple and intersecting forms of discrimination as a result of their descent. Notwithstanding
the constitutional guarantees of equality, Dalits in Nepal remain among the most
marginalized communities, experiencing deeply entrenched caste-based discrimination.
Their rights are violated on many fronts, as they experience high levels of poverty,
landlessness, barriers to access to education, healthcare and employment, as well as
systematic exclusion from decision-making and State institutions.
44.
Having ratified the International Convention on the Elimination of All Forms of
Racial Discrimination, in 1971, the Government of Nepal is and has been under the obligation
66
67
68
69
12
A/HRC/WG.6/51/NPL/1, para. 47.
Ibid.
See https://censusnepal.cbs.gov.np/results/files/result-folder/National%20Report_English.pdf.
See https://idsn.org/countries/nepal/#:~:text=Estimates%20of%20the%20number%20of,the%20
total%20population%20(or%20appr.
GE.26-01953