Needs Assessment and Gap Analysis of the National
Human Rights Institutions in South Asia
24
There is a perceived lack of political will to adopt a human rights-based approach to climate
change. HRCM has not been regularly consulted on national policies related to climate
adaptation and mitigation, indicating a disconnect between climate policy and human rights
considerations.
While there is an ongoing engagement with HRDs in general, HRCM has not specifically
engaged with individual EHRDs focused on climate change. However, they receive
complaints from CSOs about environmental issues.
HRCM has made efforts to incorporate gender considerations into reports regarding
climate change impacts, recognising that women and marginalised groups are particularly
vulnerable to effects of climate change and its consequences. HRCM has also established
partnerships with various stakeholders, including CSOs and businesses, focusing on human
rights and environmental advocacy.
HRCM acknowledges significant capacity gaps in knowledge and resources related to
climate change and environmental rights. They express a need for more training and
support in this area, emphasising the importance of building staff knowledge and capacity
to better understand the intersection of climate change and human rights, especially in the
context of the country.
National Human Rights Commission, Nepal
The National Human Rights Commission (NHRC) of Nepal was established in 2000 as an
independent constitutional body and is empowered under the National Human Rights
Commission Act.74 Its primary mandate is to protect, promote, and ensure the respect
of human rights across the country, in alignment with the Constitution of Nepal and the
international human rights treaties to which Nepal is a party. The NHRC investigates
allegations of human rights violations, provides recommendations to the government,
monitors the state’s compliance with human rights obligations, and promotes human rights
awareness through education and advocacy. NHRC Nepal is currently accredited as an “A”
status NHRI by GANHRI.75
In the area of climate change mitigation and adaptation, NHRC of Nepal monitors disasters,
including climate-related events like floods. NHRC focuses on air pollution in the Kathmandu
Valley and mobility issues, particularly displacement, caused by disasters throughout the
country. However, they face challenges in directly linking these issues to climate change
due to capacity limitations.
74
National Human Rights Commission Act, 2068 (Nepal) 2012.
75
Office of the High Commissioner for Human RIghts (n 66).