Significant Achievement: Nepal's Top Court Orders Nationwide Adherence to Treaties Guaranteeing Rights for Indigenous Populations
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On June 6, 2025, the Supreme Court of Nepal shook things up in a major way for the country's Indigenous Peoples. In a historic move, the court directed all levels of government – federal, provincial, and local – to ensure their laws, policies, and programs align with the International Labour Organization (ILO) Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This groundbreaking decision was the fruit of tireless efforts by a group of dedicated lawyers from the Lawyers' Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP).
Advocate Dinesh Kumar Ghale, LAHURNIP's Chairperson and a key figure in the case, cheered the decision, stating, "Nepal has made commitments to these international laws, and now the court's order legally binds the government to implement them. This means the recognition of Indigenous Peoples' identity, language, culture, and traditional land rights, which are 'minimum standards', and the journey towards full rights continues."
The court order defends the right to Free, Prior and Informed Consent (FPIC), which means that Indigenous nationalities must be consulted and their consent obtained before any measures that affect their lands, cultures, or livelihoods are adopted. This provision is crucial for preventing forced displacement, environmental degradation, and cultural erosion – often the unwanted side effects of development projects or policy changes imposed without the involvement of concerned Indigenous communities. Additionally, the ruling clarifies that responsibility for upholding these standards extends to provincial and local governments, ensuring that Indigenous Peoples have multiple avenues to protect their rights at all levels of governance.
Nepal first showed its commitment to Indigenous Peoples' rights in 2007 when it ratified ILO Convention No. 169, making it the first country in South Asia and only the second in Asia to do so. Shortly after, on September 13, 2007, Nepal voted in favor of the UNDRIP. However, implementation within Nepal remained stagnant for decades, with the government occasionally acknowledging these international instruments in policy but neglecting to take concrete steps for their implementation.
The recent judicial intervention began on August 9, 2017, when LAHURNIP filed a petition. The tipping point arrived on February 8, 2024, when the Supreme Court issued directives to the government in response to this petition, which was eventually made public in June 2025. This ruling now obliges the government of Nepal to bring its legal framework in line with its international obligations under ILO Convention No. 169 and UNDRIP, aiming to close a significant gap in Nepal's human rights protections for Indigenous peoples.
Advocate Shankar Limbu, a lead petitioner of the case, said, "Every August 9th, on the International Day of the World's Indigenous Peoples, LAHURNIP reaffirms its ongoing legal fight against the government in Nepal's Supreme Court. This is just one example of our sustained efforts to challenge the social and human rights violations faced by Indigenous nationalities. We fight for their inherent rights, including land, culture, and the fundamental principle of FPIC, before any development impacts their ancestral territories. Our goal is to ensure Nepal, as a signatory to international instruments like ILO Convention No. 169 and UNDRIP, fully integrates these commitments into its national laws and practices, thereby upholding the dignity and autonomy of Indigenous peoples."
The petition that led to this landmark decision was fueled by a group of human rights lawyers, including Bhim Rai, Dinesh Kumar Ghale, Jitendra Bajracharya, Bimal Shrestha, and Shankar Limbu, all of whom have dedicated their careers to advocating for the rights of Indigenous Peoples in Nepal. Their efforts underscore the ongoing struggle of Indigenous rights activists to hold the government accountable for its commitments on the international stage.
Advocate Bhim Rai, another petitioner, notes, "This ruling is a turning point that reaffirms the legal standing of Indigenous Peoples in decision-making processes that directly impact their lives." The implications of this decision stretch far and wide, generating new possibilities for accountability, participation, and justice for Indigenous Peoples in Nepal and beyond.
[1] Supreme Court's Mandamus Order from 2023 (Available online at [Insert URL])[2] The Text of the Supreme Court's Order from 2025 (Available online at [Insert URL])[3] ILO Convention No. 169 (Available online at [Insert URL])[4] UNDRIP (Available online at [Insert URL])[5] The Free, Prior and Informed Consent Principle (Available online at [Insert URL])
Education and self-development: The human rights lawyers who dedicated their careers to advocating for Indigenous Peoples in Nepal, including Bhim Rai, Dinesh Kumar Ghale, Jitendra Bajracharya, Bimal Shrestha, and Shankar Limbu, continue to learn and grow in their pursuit of justice. General news: The Supreme Court's mandamus order from 2023 and the text of the Supreme Court's order from 2025 are available online, providing insights into the historic decision that legally binds the government of Nepal to implement international laws protecting Indigenous Peoples' rights, such as ILO Convention No. 169 and UNDRIP. Additionally, the Free, Prior and Informed Consent Principle, a crucial provision ensuring Indigenous Peoples' input in decisions affecting their lands, cultures, or livelihoods, is covered in these documents.
