Stories of Change: Legal Victories for Indigenous Voices in Nepal
According to the 2021 population census report, Indigenous Peoples, also known as Adivasi Janajati, make up around 35.08% of Nepal’s total population of 29,164,578. However, Indigenous experts and organisations believe that the figure exceeds 50%. 60 Indigenous groups are officially recognised, while 19 more listed in the 2021 census still await legal recognition. For nearly three decades, the Lawyers’ Association for Human Rights of Nepalese Indigenous Peoples (LAHURNIP) has been at the forefont of efforts to secure justice and lasting change for Indigenous communities across the country.
Founded by a group of dedicated Indigenous lawyers, LAHURNIP recognised early on that legal empowerment was essential to protecting the rights and dignity of Indigenous Peoples in Nepal. LAHURNIP has been a key force in the national movement, working to ensure that Indigenous Peoples are not only heard but also formally acknowledged and respected within the country’s legal and political systems. It champions the rights of Indigenous Peoples through legal empowerment, organised community action, and decisive legal intervention.
Understanding the Marginalisation of Indigenous Peoples
Indigenous Peoples in Nepal have endured centuries of systematic discrimination, colonisation, racism, exclusion, and marginalisation in social, cultural, political, and economic spheres. Over the past 250 years, modernisation efforts—such as state-building, land and resource nationalisation, cultural assimilation, territorial reorganisation, power centralisation, infrastructure development, forced labour, and the shift from feudalism to capitalism—have significantly harmed Indigenous Peoples.
Nepali society remains highly stratified due to the state-imposed Hindu caste system, which continues to dominate key positions in government and public institutions. Nearly half of the population of 90 % of indigenous groups are experiencing extreme poverty.
Grounded in the values of equality, justice, and self-determination, LAHURNIP envisions a Nepal where Indigenous Peoples can fully exercise their collective rights—such as controlling their own development, owning and managing their lands and territories, and preserving their distinct cultural and legal traditions.
Throughout its journey, LAHURNIP has achieved remarkable success in defending the rights of Indigenous Peoples—whether by securing indigenous autonomy at the local level, protecting lands and resources, advocating for national policy reforms, holding International Financial Institutions accountable, or providing essential legal support to Nepal’s Indigenous movement. This text highlights some of LAHURNIP’s most significant legal victories in recent years.
Remarkable Legal Victories Advancing Indigenous Rights
Although Nepal endorsed the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 and ratified ILO Convention No. 169 (ILO 169), these commitments have yet to be implemented. The National Action Plan (NAP) created in 2009 to enforce the Convention was never put into effect, and the 2015 Constitution, while making some progress, did not fully incorporate key provisions of ILO169 and UNDRIP.
To close this gap, LAHURNIP filed a public interest litigation—LAHURNIP et al. vs. Office of the Prime Minister et al.—demanding that Nepal’s laws and policies be reformed to meet its international obligations.
On February 8, 2024, the Supreme Court of Nepal issued a Directive Order in this case, with the full verdict made public on May 5, 2025. The Court mandated the federal, provincial, and local governments to enact and revise laws and policies in line with the ILO 169 and UNDRIP in Nepal.
The Court also directed the Legislature-Parliament Secretariat and the Ministry of Federal Affairs and Local Development to draft, amend, or reform relevant bills in alignment with the spirit and intent of these international instruments. This verdict was officially communicated to the Prime Minister, the Council of Ministers, and all relevant authorities, signalling a major step forward in Indigenous rights recognition and protection.
Following this landmark ruling by Nepal’s Supreme Court, Katahari Rural Municipality in Morang district has become the first local government in the country to honour the Court’s directive. On June 19, 2025, the village assembly of Katahari Rural Municipality took a historic step by adopting a comprehensive set of progressive policies to implement this directive.
In another recent legal victory, concerning human rights violations by Upper Solu Hydroelectric Company Pvt. Ltd., the Supreme Court issued a Directive Order, compelling the Government of Nepal to implement ILO 169, UNDRIP, the UN Guiding Principles on Business and Human Rights and the UN Declaration on the Right to Development.
These landmark rulings underscore LAHURNIP’s unwavering commitment and success in securing justice and advancing the rights of Indigenous Peoples in Nepal. These decisions have made it clear that Indigenous rights are enforceable under the law, not just symbolic declarations.
“A landmark verdict means nothing without steadfast implementation. The true struggle begins now—turning legal victories into tangible rights on the ground. Without decisive action and commitment, the State risks betraying Indigenous Peoples once again, reducing justice to empty rhetoric and perpetuating generations of marginalisation.”
— Advocate Shankar Limbu, Vice-Chairperson of LAHURNIP
KIOS: A Key Partner in Advancing Indigenous Rights
The continued success of LAHURNIP’s legal and grassroots efforts is deeply rooted in the long-standing partnership with KIOS Foundation, which has supported LAHURNIP’s work since 2018. KIOS has been instrumental in advancing Indigenous rights in Nepal by consistently providing both advisory and financial support for community empowerment, strategic litigation, legal research, and policy advocacy.
This sustained collaboration has enabled LAHURNIP to expand its outreach through legal trainings and awareness programmes, mobilise Indigenous communities to engage in legal and democratic processes, and provide legal representation in landmark cases. It has also strengthened LAHURNIP’s ability to advocate for national policy reforms in line with international human rights commitments.
“Thanks to the unwavering support from KIOS, LAHURNIP has not only defended Indigenous rights in the courts but has also built a strong, informed, and mobilized movement for justice at the grassroots level.”
— Advocate Dinesh Kuamar Ghale, Chairperson of LAHURNIP.
From Courtrooms to Communities: A Transformational Journey
Today, LAHURNIP continues its mission with renewed energy and focus. The work ahead lies in turning court decisions into concrete action—ensuring legal implementation, policy reform, and meaningful inclusion of Indigenous Peoples in governance. This journey has been made possible in large part due to the unwavering support of the KIOS Foundation, whose partnership has shown that strategic collaboration, legal advocacy, and community mobilisation can lead to real, lasting change.
Together, we advocate turning international and constitutional commitments into national progress—building a just, inclusive, and democratic Nepal where Indigenous Peoples live with freedom, dignity, and self-determination.
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KIOS has supported LAHURNIP since 2018 with funding from the Finnish Ministry of Foreign Affairs’ development cooperation.
This article was written by Durga Mani Rai, of the Yamphu Indigenous People in Nepal and Advocate and Programme Coordinator at LAHURNIP, in collaboration with KIOS.
Sources and more information:
Achieving SDGs: Progress, Gaps and Recommendations from Indigenous Perspectives 2021
An Account of Indigenous People’s Movement in Nepal 2020
Katahari Rural Municipality Honors Supreme Court’s Indigenous Rights Mandate June 2025
The Indigenous World 2025: Nepal