Introduction

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 Labour, 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 on Business and Human Rights (UNGPs) 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 abuses. However, while this move is significant, it is essential to specifically address the challenges faced in the high-altitude mountaineering and adventure tourism sectors, where human rights violations remain a pressing concern. Indigenous workers, including local guides and porters despite their central role in the big-pocket tourism industry. Looking forward, it is essential for Nepalese businesses to implement human rights standards with active collaboration between the government and civil society.

Worker Exploitation in Nepal’s Tourism Sector

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 to exploitation. The high-altitude mountaineering sector, for instance, showcases stark examples of these challenges. Indigenous Nepalese workers, including guides and porters, form the backbone of this industry, yet they are disproportionately subjected to dangerous working conditions, low wages, and limited access to safety training or equipment. Nearly half of all fatalities on Mount Everest have been Nepalese 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

The exploitation of workers in Nepal’s tourism sector often arises from foreign companies contracting with local operators, who in turn hire Sherpas and carriers. These workers frequently face underpayment or even nonpayment, while foreign companies evade direct responsibility. This disconnect between foreign contractors and local workers allows unfair labour practices to persist, leaving Nepalese workers without adequate protection.

Cross-border employment practices exacerbate these challenges, as international Small and Medium Enterprises (SMEs) frequently operate through local tour operators, distancing themselves from accountability. This arrangement not only perpetuates exploitation but also undermines efforts to develop systemic solutions, such as implementing robust safety standards and equitable profit-sharing mechanisms. The absence of adequate governmental supervision further intensifies the issue, leaving workers with limited avenues for redress.

Addressing these injustices through the measures discussed in the subsequent text would not only enhance the sustainability of the world renowned Nepalese tourism sector but also affirm the fundamental rights of Nepalese workers, fostering greater equity and resilience in the industry (here)

Next Steps for Mountaineering Tourism in Nepal’s NAP Process

Nepal’s mountaineering and adventure tourism industry faces significant challenges, including the exploitation of Sherpas, carriers, and local guides, a lack of accountability in cross-border employment practices, and insufficient protections for workers. These systemic issues are further exacerbated by inadequate governmental oversight, which leaves workers vulnerable and undermines the industry’s sustainability. Addressing these challenges requires targeted reforms that connect the broader goals of the National Action Plan (NAP) on Business and Human Rights (BHR) to the specific needs of the tourism sector.

Nepalese stakeholders, including civil society organizations (CSOs), business groups, academics, and the media, have identified five key recommendations to integrate the NAP process with the realities of Nepal’s tourism sector:

1. Inclusive Process:
   An inclusive approach to NAP development is crucial to ensuring that the voices of Sherpas, carriers, and other tourism workers are heard. By adopting the UN’s 15-step model developed by the UN Working Group on Business & Human Rights (UNWG), Nepal can guarantee meaningful participation from those directly affected by labor practices in the tourism sector. Their insights are essential for addressing exploitation and crafting policies that reflect on-the-ground realities.
2. Transparency and Accessibility:
   Many tourism workers are unaware of their rights or lack the means to advocate for themselves. Ensuring transparency in draft policies and making them publicly available will empower local guides, porters, and other stakeholders to engage in the process. Accessible platforms for feedback and redress mechanisms tailored to the needs of the tourism workforce will help resolve disputes and prevent labor abuses.
3. Alignment with International Standards:
   Aligning Nepal’s labor laws with international human rights norms can address the current disconnect between foreign contractors and local workers. For the tourism sector, this means enforcing fair wages, ensuring adequate insurance coverage, and safeguarding against hazardous working conditions. Such alignment will also help build trust with international partners and enhance Nepal’s reputation as a responsible tourism destination.
4. Integration with Global Frameworks:
   The tourism industry plays a pivotal role in Nepal’s economic development, but it must also align with global sustainability and climate goals. The NAP should incorporate the United Nations Sustainable Development Goals (SDGs) and the Paris Agreement by promoting eco-friendly trekking and mountaineering practices, protecting fragile ecosystems, and ensuring that local communities share equitably in tourism-generated profits.
5. Effective Monitoring:
   Implementing a targeted monitoring plan for mountaineering and adventure tourism is critical to ensuring progress. The Ministry of Labour, Employment, and Social Security (MoLESS) should lead periodic reviews, incorporating input from CSOs, industry representatives, local guides’ unions, and affected communities. This collaborative approach will help identify gaps in enforcement, improve worker safety, and ensure that the economic benefits of tourism are distributed fairly.

By tailoring the NAP process to address the unique challenges of the tourism sector, Nepal can foster a more equitable, sustainable, and resilient industry. These reforms will not only enhance the well-being of Nepalese workers but also strengthen the foundation of one of Nepal’s most iconic economic sectors.

The Way forward for Nepal

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.

Enforcing Nepal’s NAP on Business and Human Rights in Mountaineering and Tourism

Proper enforcement of Nepal’s National Action Plan (NAP) on Business and Human Rights (BHR) within mountaineering and tourism is essential to safeguarding the rights of vulnerable workers, such as Sherpas, guides, and carriers. Effective implementation of the NAP in these areas would ensure critical protections, including fair wages, safety training, and equitable working conditions. However, achieving these goals is not without its challenges, particularly in the unique context of mountaineering and tourism. Some of the key obstacles to implementation include: difficulties in enforcement and oversight, and economic dependence on tourism.

The remote and challenging nature of mountaineering makes on-the-ground enforcement of regulations and worker protections exceptionally difficult. The high altitudes and isolated environments of expeditions limit the capacity for inspections or audits, while Nepal’s limited number of enforcement agents further exacerbates the issue.

For many local workers, tourism provides better opportunities than alternatives such as subsistence farming or low-paying jobs in other sectors. This reliance on tourism income means workers may tolerate exploitative conditions to avoid losing their livelihoods altogether. This creates a significant barrier to the implementation of stricter regulations, as it risks driving exploitative practices underground or displacing workers entirely.

Targeted Strategies for Addressing Challenges

A practical strategy could involve piloting binding human rights laws specifically in mountaineering and tourism. Such a targeted approach would allow Nepal to enforce critical safeguards while addressing the obstacles unique to these sectors.

To overcome enforcement challenges, Nepal could explore innovative monitoring mechanisms, such as satellite tracking of expeditions, third-party certification systems, or partnerships with climbers’ associations and local NGOs to report labor conditions in real-time. These systems would ensure compliance even in hard-to-reach areas.

To address workers’ economic dependence, policies could include offering transitional support, such as subsidies or alternative livelihood programs, to mitigate the risk of job loss. Additionally, the government could incentivize businesses to adopt fair labor practices by offering tax benefits or public recognition for compliance with human rights standards.

Implementing safety training programs and skill development initiatives for workers would enhance their bargaining power while improving overall expedition safety. Tourism operators could be required to contribute to these efforts as part of their licensing agreements, ensuring collective responsibility for worker welfare.

By starting with a pilot program in the tourism sector, Nepal can gradually build the capacity for broader implementation of BHR regulations. Lessons learned from enforcing safeguards in mountaineering and tourism could inform similar efforts in other sectors, such as agriculture or manufacturing, where vulnerable workers also face exploitation.

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 exploitation 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.