Nepal

Not Available

Immigration detainees

2019

No Data

Detained children

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

28 March 2020

Central Jail in Kathmandu, (https://english.khabarhub.com/2020/16/82343/)
Central Jail in Kathmandu, (https://english.khabarhub.com/2020/16/82343/)

On 16 March 2020, the Nepalese government restricted the numbers of visitors that can access prisons. Advocacy Forum-Nepal released a statement on 28 March 2020 urging the government to take actions to sanitise and disinfect prisons, detention centres and Child Correction Homes; provide prisoners and detainees with personal protection equipment (face mask, hand sanitiser, soap and clean water); and provide for isolation rooms for those who show even the mildest symptoms of infection. The Forum is also requesting the government to classify prisoners who can be released based on age, nature, severity of their crimes and whether they are convicted or awaiting trials as the release of prisoners will help control the possible Covid-19 outbreak in prisons. The Global Detention Project has not been able to obtain information on whether immigration detainees have since been released.


Last updated:

ENFORCEMENT DATA

Total Migration Detainees: Flow + Stock (year)
Not Available
2019
Number of Deportations/Forced Removals (Year)
332
2020
Criminal Prison Population (Year)
17,966
2016
10,739
2010
6,952
2007
6,393
2004
5,995
2001
7,000
1998
6,200
1994
Percentage of Foreign Prisoners (Year)
5.5
2014
Prison Population Rate (per 100,000 of National Population)
62
2016
36
2010
24
2007
24
2004
24
2001
30
1998
29
1994

POPULATION DATA

Population (Year)
29,100,000
2020
28,514,000
2015
International Migrants (Year)
490,802
2019
518,200
2015
International Migrants as Percentage of Population (Year)
1.8
2015
Refugees (Year)
19,570
2019
20,808
2018
21,471
2017
25,244
2016
32,667
2015
38,490
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
0.88
2016
1.37
2014
New Asylum Applications (Year)
58
2019
125
2016
146
2014
Refugee Recognition Rate (Year)
59.5
2014
Stateless Persons (Year)
0
2016
0
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
701
2014
Remittances to the Country
5,874
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
880.1
2014
Human Development Index Ranking (UNDP)
145 (Low)
2015

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

Does the Country Detain People for Migration, Asylum, or Citizenship Reasons?
Yes
2016
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
Yes
2008

GOVERNANCE SYSTEM

Legal Tradition(s)
Common law
2017
Customary law
2017

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
Immigration Manual 2008 (2008)
2008

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

Has the country released immigration detainees as a result of the pandemic?
Unknown
2021

Has the country used legal "alternatives to detention" as part of pandemic detention releases?
Unknown
2021

Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
Unknown
2021

Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
COVID-19 Testing: UnknownVaccinations: UnknownProvision of Masks: UnknownProvision of Hygiene Supplies: UnknownSuspension of Visits: Unknown
2021

Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Yes
2020

Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021

Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
Yes but restrictons ended
2021

Has the Country Released People from Criminal Prisons During the Pandemic?
Yes
2020

Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021

Has the Country Restricted Access to Asylum Procedures?
Unknown
2021

Has the Country Commenced a National Vaccination Campaign?
Yes
2021

Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
People in Immigration Custody (including legal in "alternatives to detention" or at open reception centres): UnknownRefugees: IncludedUndocumented Migrants: UnknownAsylum Seekers: UnknownStateless People: Unknown
2021

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
VCCR, Vienna Convention on Consular Relations
1965
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1971
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1991
2017
ICCPR, International Covenant on Civil and Political Rights
1991
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1991
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1991
2017
CRC, Convention on the Rights of the Child
1990
2017
CRPD, Convention on the Rights of Persons with Disabilities
2010
2017
Ratio of relevant international treaties ratified
Ratio: 8/19
Treaty Reservations
Reservation Year
Observation Date
Individual Complaints Procedures
Acceptance Year
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2010
2010
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1991
1991
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2007
2007
Ratio of Complaints Procedures Accepted
Observation Date
3/7
2017
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Elimination of Racial Discrimination 37.The Committee remains concerned that the State party does not have a formal asylum recognition system to ensure the respect of the principle of non-refoulement, and that, while it has provided temporary shelter on humanitarian grounds to thousands of refugees from Tibet Autonomous Region and Bhutan, it states that it is not in a position to accept any other refugees due to practical considerations. The Committee is also concerned by reports of large numbers of stateless persons in Nepal, and by reports that Tibetan refugees and their children, including those born in Nepal and who have been living in Nepal for decades, are not provided with identity documents and are consequently exposed to fines, detention and deportation for irregular stay, and are unable to obtain an education, open a bank account, obtain a driver’s licence and travel (arts. 2 and 5–6). 2018
2018
Committee on the Rights of the Child § 61. "The Committee reiterates its previous recommendations (see CRC/C/15/ Add.261, para. 80) and recommends that the State party: (a) Take legislative, administrative and institutional measures to ensure that all children are registered at birth, including children born to refugees and asylum seekers; (b) Adopt domestic legislation covering the rights of refugees and asylum seekers in line with international standards; (c) Seek to ensure, as a matter of priority, that all refugee and asylum-seeking children and their families have access to health and education services, and that all their rights contained in the Convention are protected, including the right to be registered at birth; (d) Carry out a comprehensive registration exercise for the long-staying Tibetan population and their children in order to provide them with documentation and promote the enjoyment of their human rights, as well as access to basic services, as already recommended in the Committee’s previous concluding observations (see CRC/C/15/Add.261, paras. 43-44 and 80)." 2016
2016

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2011
2017
No 2015
2017
Yes 2021

REGIONAL HUMAN RIGHTS MECHANISMS

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS