Earlier this year, Nepal adopted its National Action Plan (NAP) on Business and Human Rights. This NAP was launched by the government of Nepal, Ministry of Labor, Employment and Social Security (MoLESS) in collaboration with the UNDP and supported by the governments of Japan and Norway. This is Nepal’s most substantial implementation on a national scale since the United Nations Guiding Principles (UNGPs) on Business and Human Rights were formally endorsed by the UN Human Rights Council in 2011. This ambitious five-year plan (2024-2028) aims to integrate human rights into Nepal’s economic development strategy, aligning with the UNGP’s 31 principles on governmental and corporate responsibilities to prevent and address business-related human rights concerns and issues. However, while this move is significant, it is essential to specifically address the challenges in the high-altitude mountaineering and adventure tourism sectors, where human rights issues remain a pressing concern. Looking forward, it is essential for Nepali businesses to implement human rights standards with active collaboration between the government and civil society.

BHR safety risk

Business and Human Rights (BHR) issues in Nepal are deeply entrenched in industries like adventure tourism, where structural inequalities and weak regulatory frameworks often expose vulnerable local populations on potential risks of human rights issues. The high-altitude mountaineering sector, for instance, showcases stark examples of these challenges. Indigenous Nepali workers, including guides and porters, form the backbone of this industry, yet they are disproportionately subjected to challenging working conditions, low wages and limited access to safety measures on training or equipment. Nearly half of all fatalities on Sagarmatha have been Nepali workers, highlighting the life-threatening risks they endure while facilitating the ambitions of international climbers. These figures fail to capture the many more who suffer life-long injuries, frostbite or post-traumatic stress from their work.

Those identified potential risks of these workers are compounded by cross-border employment practices, where international Small and Medium Enterprises (SMEs) often operate through local tour operators, distancing themselves from direct accountability for workers’ rights. This disconnect not only allows the perpetuation of unfair labor practices but also undermines the development of systemic solutions, such as robust safety standards and equitable profit-sharing mechanisms. Inadequate governmental oversight exacerbates this issue, leaving workers vulnerable to risks would not only enhance the sustainability of the world-renowned Nepali tourism sectors but also affirm the fundamental rights of Nepali workers, fostering greater equity and resilience in the industry.

National action plan

Nepali stakeholders, including civil society organizations (CSOs), business groups, academics and the media, are advocating for a participatory, transparent and accountable approach to the National Action Plan (NAP) on Business and Human Rights (BHR). Their key recommendations include:

 

• Inclusive process: Involve diverse groups, particularly those directly affected, and adopt the UN’s 15-step model developed by the UN Working Group on Business & Human Rights (UNWG).
• Transparency and accessibility: Ensure draft documents from agencies and businesses are made publicly available, offer platforms for feedback, and provide accessible mechanisms for redress.
• Alignment with international standards: National laws should align with international human rights norms, focusing on labor, indigenous, and gender rights.
• Integration with global frameworks: Ensure that the recently adopted NAP aligns with global initiatives, including the United Nations Sustainable Development Goals (SDGs) and the Paris Agreement on climate change at a local level.
• Effective monitoring system: Develop a targeted implementation plan and system focused on mountaineering and adventure tourism, incorporating periodic reviews led by the Ministry of Labor, Employment and Social Security (MoLESS). Ensure the active participation of industry representatives, civil society organizations, local guides’ union and affected communities, in the planning and evaluation process.

Lessons from global practices

Many Western countries are pushing for stronger measures to tackle modern slavery and improve business practices. Global pressure from investors and new regulatory frameworks are encouraging stricter human rights standards, including mandatory Human Rights Due Diligence (HRDD). This year, the European Union introduced a directive requiring large companies to address human rights and environmental impacts in their operations and supply chains. It includes mandates for due diligence policies, risk assessments and climate transition plans, with penalties like hefty fines and civil liability for non-compliance. These developments are expected to inspire similar measures in other regions.

In contrast, Nepal faces hurdles in implementing binding regulations for human rights in tourism supply chains. Current strategies emphasize voluntary guidelines over mandatory requirements, which may encourage some businesses to adopt human rights disclosures. However, the non-binding nature of these measures risks inconsistent implementation by businesses, potentially limiting their impact on ensuring widespread adherence to human rights standards in business practices.

Way forward 

Nepal’s adoption of a NAP on BHR marks a vital step in promoting human rights in business practices. To advance further, Nepal should draw lessons from global efforts transitioning from soft law guidelines to mandatory, state-enforced Human Rights Due Diligence (HRDD) laws. Binding regulations that require companies to address human rights risks are too early to judge whether they are effective in driving accountability and systemic change, however, it is important for the government to take an active role in promoting businesses to respect BHR according to global UNGP standards. Instead of merely adopting Western-centric models, Nepal can tailor these approaches to its unique context, starting with a sector-specific focus.

Proper enforcement of Nepal’s NAP on BHR within mountaineering and tourism is essential. Effective implementation of NAP in these areas would ensure critical safeguards such as fair wages, safety training and equitable working conditions. However, a practical strategy could possibly involve piloting binding human rights laws in key industries like mountaineering and tourism, where vulnerable workers face some of the most severe risks. This pilot approach would allow Nepal to enforce critical safeguards, such as fair wages, safety training and equitable working conditions, while gradually building the capacity for broader implementation. By leading with tourism—a sector central to its economy and global identity—Nepal can demonstrate its commitment to protecting human rights while fostering sustainable business practices. This targeted enforcement would serve as a model for extending binding BHR regulations to other sectors in the future.

Shining a spotlight on the Business and Human Rights (BHR) aspects of Nepal’s iconic mountaineering and trekking industry, while addressing the different issues of indigenous workers, is crucial. This approach emphasizes Nepal’s commitment to BHR as an essential framework for achieving the SDGs, promoting UN charters and ensuring better livelihoods for the backbone of its mountaineering sector.