Nepal is a federal democratic republic. The 2015 constitution established the political system, including the framework for a prime minister as the chief executive, a bicameral parliament, and seven provinces. In 2017 the country held national elections for the lower house of parliament and the newly created provincial assemblies. Domestic and international observers characterized the national elections as “generally well conducted,” although some noted a lack of transparency in the work of the Election Commission of Nepal.
The Nepal Police are responsible for enforcing law and order across the country. The Armed Police Force is responsible for combating terrorism, providing security during riots and public disturbances, assisting in natural disasters, and protecting vital infrastructure, public officials, and the borders. The Nepal Police and Armed Police Force report to the Ministry of Home Affairs. The Nepali Army is responsible for external security and international peacekeeping, but also has some domestic security responsibilities such as disaster relief operations and nature conservation efforts. The Nepali Army reports to the Ministry of Defense. Civilian authorities maintained effective authority over the Nepal Police, Armed Police Force, and Army. Human rights organizations documented some abuses by members of the security forces.
Significant reported human rights issues included: unlawful or arbitrary killings, including extrajudicial killings by the government; torture and cases of cruel, inhuman or degrading treatment by the government; arbitrary detention; serious restrictions on free expression, the press and the internet, including site blocking and criminal defamation laws; interference with the rights of peaceful assembly and freedom of association, including overly restrictive nongovernmental organization laws; restrictions on freedom of movement for refugees, notably resident Tibetans; and significant acts of corruption.
The government investigated but did not routinely hold accountable those officials and security forces accused of committing violations of the law. Security personnel accused of using excessive force in controlling protests in recent years did not face notable accountability nor did most conflict-era human rights violators.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
There were several reports that the government or its agents committed arbitrary or unlawful killings. The National Human Rights Commission (NHRC) and Ministry of Home Affairs are authorized to examine and investigate whether security force killings were justified. NHRC has the authority to recommend action and to record the name and agency of those who do not comply with its recommendations. The Attorney General has the authority to pursue prosecutions. According to a report by the human rights group Terai Human Rights Defenders Alliance (THRDA), 12 of 18 custodial deaths they reported from 2015-20 occurred among members of the Dalit, Madhesi, or other marginalized communities.
On June 10, Shambhu Sada, a member of the Dalit community, died in police custody in Dhanusha District. Sada, a truck driver, turned himself in to police after a traffic accident where he hit and killed a woman. Police reported the cause of death as suicide; however, Sada’s family and community believe police killed Sada or drove him to suicide through physical and emotional torture. Sada’s mother-in-law visited three days before his death and stated that Sada looked scared and told her that he feared for his life.
On July 16, the Nepali Army detained 24-year-old Raj Kumar Chepang and six friends for foraging in Chitwan National Park. They were released later in the day, but Chepang complained of physical discomfort when he arrived home. His health deteriorated and he died on July 22 from injuries that his family and the community stated were sustained while in custody. The army was investigating the incident and an autopsy was conducted.
In June 2019 police in Sarlahi killed a local leader of the Maoist splinter party Biplav. Police reported that they shot Kumar Paudel after he fired at them. The human rights nongovernmental organization (NGO) Advocacy Forum-Nepal (AF) reported the encounter was likely staged and the NHRC recommended the government suspend the three police officers involved in the incident and conduct a fresh and impartial investigation. In February, Paudel’s family tried to file a report with the Sarlahi police and then the District Attorney’s office. Both offices refused to register the case. A human rights NGO helped the family submit the report by mail. As of September, the NHRC’s recommendation to suspend the three officials involved had not been implemented.
The law formally criminalizes enforced disappearance. There were no reports of disappearances by or on behalf of government authorities during the year.
The fate of most of those who disappeared during the 1996-2006 civil conflict remained unknown. According to the NHRC, 802 cases of disappearances remain unresolved, most of which the NHRC says may have involved state actors. One new conflict-era case was registered in 2020. As of September, the government did not prosecute any government officials, sitting or former, for involvement in conflict-era disappearances, nor had it released information on the whereabouts of the 606 persons the NHRC identified as having been disappeared by state actors. The NHRC reported that Maoists were believed to be involved in 150 unresolved disappearances during the conflict. As of early September, the government had not prosecuted any Maoists or state actors for involvement in disappearances.
In 2017 the Commission of Investigation on Enforced Disappeared Persons (CIEDP) formed five teams to begin investigating complaints of disappearances filed by conflict-era victims. The commission had before it 3,197 registered cases and ultimately pursued 2,512 cases under its first commissioner, whose tenure expired in 2019. A new commissioner was appointed in January. As of August, the CIEDP reported 2,503 cases completed.
Human rights organizations continued to express concern over flaws related to the CIEDP. According to the International Commission of Jurists, CIEDP investigations suffered from inadequate human and financial resources to handle the large number of cases, opaque appointment processes of investigators, and a lack of measures to provide confidentiality and security of victims and witnesses.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits torture, and the law criminalizes torture, enumerates punishment for torture, and provides for compensation for victims of torture.
According to human rights activists and legal experts, police resorted to severe abuse, primarily beatings, to force confessions. The Nepal human rights group AF also reported that law enforcement personnel subjected violators of the COVID-19 lockdown to inhuman and degrading treatment. Violators were detained for hours in the sun, forced to do sit-ups, frog jumps, and crawl on the road. AF and THRDA reported annual decreases of torture and mistreatment, although THRDA noted that this trend did not hold in the southern portion of the country. AF stated that police increasingly complied with the courts’ demand for preliminary medical checks of detainees.
AF reported that 19 percent of the 1,005 detainees interviewed in 2019 reported some form of torture or ill treatment. These numbers were even higher among women (26.3 percent) and juvenile detainees (24.5 percent).
According to the Conduct in UN Field Missions online portal, there was one allegation submitted in April 2018 of sexual exploitation and abuse by Nepalese peacekeepers deployed to a UN peacekeeping mission. The allegation is against one military contingent member deployed to the United Nations Mission in South Sudan, allegedly involving sexual assault and attempted sexual assault of two children in April 2018. As of September, the Nepalese government was still investigating the allegation and the case was still pending, including identification of the alleged perpetrator.
Impunity was a significant problem in the security forces. Both AF and THRDA stated that torture victims were often hesitant to file complaints due to intimidation by police or other officials and fear of retribution. In some cases, victims settled out of court under pressure from the perpetrators. AF and THRDA noted the courts ultimately dismissed many cases of alleged torture due to a lack of credible supporting evidence, especially medical documentation. In cases where courts awarded compensation or ordered disciplinary action against police, the decisions were rarely implemented. There have been no cases brought to the criminal justice system regarding torture committed during the civil conflict.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention, but security forces reportedly conducted arbitrary arrests during the year. Human rights groups contended that police abused their 24-hour detention authority by holding persons unlawfully, in some cases without proper access to counsel, food, and medicine, or in inadequate facilities. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and the law provide for freedom of speech and press, and the government generally respected these rights, although journalists, NGOs, and political activists stated the government restricted media freedom by threatening journalists and news organizations that criticized the government. Human rights lawyers and some journalists stated that both the constitution and law enable the government to restrict freedom of speech and press in ways they considered vague and open to abuse. For example, the constitution lists several circumstances under which laws curtailing freedom of speech and press may be formulated. These include acts that “jeopardize harmonious relations between federal units” and acts that assist a foreign state or organization to jeopardize national security. The constitution prohibits any acts “contrary to public health, decency, and morality” or that “disturb the public law and order situation.”
Freedom of Speech: Citizens generally believed they could express their opinions freely and often expressed critical opinions in print and electronic media without restriction. The government continued to limit freedom of expression for members of Kathmandu’s Tibetan community through its attempts to stop Tibetans from celebrating culturally important events (see section 2.b.).
Freedom of Press and Media, Including Online Media: The independent media were active and expressed a wide variety of views without restriction, but the number of journalists arrested and charged with cybercrime, reportedly over news articles published online, has posed a new challenge. Under the law any person who makes harsh comments on social media or another online site against a senior government official can be charged with a “cybercrime.” Several editors and journalists reported they faced intimidation by police and government officials and that vague provisions in laws and regulations prompted an increase in self-censorship by journalists.
Journalists claimed to have been targeted by the former minister for communication and information technology, Gokul Prasad Baskota, who resigned in February amid reports of soliciting bribes from a foreign company, and who frequently criticized journalists and supported legislation that would restrict freedom of speech.
Violence and Harassment: According to the Federation of Nepali Journalists (FNJ), despite the government’s commitment for better policy and legal restrictions, there were a number of press freedom abuses, and the government did not make sufficient efforts to preserve the safety and independence of media. On April 27, journalists Binod Babu Rijyal from Kayakairan Media and Arjun Adhikari from Radio Triveni were detained by Traffic Police while capturing pictures for the news during the COVID-19 lockdown. Police confiscated the journalists’ mobile phones and both were detained in quarantine facilities for one hour.
The government attempted to stifle news reports that revealed financial irregularities. Journalists stated that they continued to receive vague threats from officials in response to their investigative reporting on corruption. There were also incidents of attacks on journalists. In February, Ajayababu Shiwakoti, editor in chief of Hamrakura.com, who broke the news of Minister Baskota’s involvement in corruption (see section 4), was threatened and his residence surveilled by unidentified individuals.
Censorship or Content Restrictions: The constitution prohibits prior censorship of material for printing, publication, or broadcasting, including electronically. The constitution also provides that the government cannot revoke media licenses, close media houses, or seize material based on the content of what is printed, published, or broadcast. The constitution, however, also provides for “reasonable restrictions” of these rights for acts or incitement that “may undermine the sovereignty, territorial integrity, nationality of Nepal, or harmonious relations between the federal units or harmonious relations between the various castes, tribes, religions, or communities.” Speech amounting to treason, defamation, or contempt of court is also prohibited.
Journalists and NGOs stated the law criminalizes normal media activity, such as reporting on public figures, and triggered a significant increase in self-censorship by media. Media professionals expressed concern regarding an additional provision in the constitution that allows the government to formulate laws to regulate media. The law, for example, extends the scope of limitation on freedom of expression compared to the language in the constitution for national security and for maintaining public order, and defines defamation as a criminal offense. The FNJ argued that such laws could be used to close media houses or cancel their registration. The constitution also includes publication and dissemination of false materials as grounds for imposing legal restrictions on press freedom. Media experts reported, however, that these provisions were not enforced against any media houses.
Although by law all media outlets, including government-owned stations, operate independently from direct government control, indirect political influence sometimes led to self-censorship.
Libel/Slander Laws: On April 22, Nepal Police arrested former government secretary Bhim Upadhyay and accused him of defaming the government and its ministers through his social media posts; he was later released on bail. On April 30, Dipak Pathak, a journalist and board member of Radio Nepal, was arrested for reportedly criticizing former prime minister and chairman of the Communist Party of Nepal Pushpa Kamal Dahal on social media. Pathak was jailed for defamation and later released on bail.
b. Freedoms of Peaceful Assembly and Association
The law provides for the freedoms of assembly and association; however, the government sometimes restricted freedom of assembly and association.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: The government held parliamentary, provincial, and local assembly elections over five phases throughout 2017. International observers indicated that these parliamentary and provincial assembly elections were generally well conducted, despite some violent incidents, and logistical and operational challenges, including a notable lack of transparency and adequate voter education by the Election Commission of Nepal, which affected the electoral process. According to domestic observer groups, the elections were free, fair, and peaceful and saw high voter turnout. There were three reports, however, of individuals being killed by police and sporadic reports of interparty clashes or assaults, vandalism, and small explosive devices and hoax bombs.
Participation of Women and Members of Minority Groups: No laws explicitly limit participation of women or members of minority groups in the political process, and they did participate in local, provincial, and national elections. The constitution mandates proportional inclusion of women in all state bodies and allocates one third of all federal and provincial legislative seats to women; lesbian, gay, bisexual, transgender and intersex (LGBTI) activists noted that this mandate excluded nonbinary candidates from running for office.