Supreme Court has ruled that all levels of government—federal, provincial, and local—ensure that future laws, policies, and programs comply with ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The ruling follows a writ petition filed by the Lawyers’ Association for Human Rights of Indigenous Peoples (LAHURNIP), which called for the full implementation of ILO 169 and UNDRIP, including the requirement to obtain Free, Prior and Informed Consent (FPIC) from Indigenous Peoples before adopting any measures that affect them.
The Court emphasized that provincial and local governments, alongside the federal government, share responsibility for upholding these international standards, offering Indigenous Peoples greater opportunities to assert their rights at all levels of governance.
Although Nepal ratified ILO 169 and supported UNDRIP in 2007, these commitments have yet to be fully incorporated into national legislations and policies.
This ruling represents a major step toward the protection of Indigenous rights and ensures that all tiers of government align their legal frameworks with international obligations.
The petition was led by human rights lawyers Bhim Rai, Dinesh Kumar Dhale, Jitendra Bajracharya, Bimal Shrestha, and Shankar Limbu, all long-time advocates for Indigenous Peoples in Nepal.