ABSTRACT

This chapter addresses the matter in the light of the new constitution of Nepal enacted in September 2015. It examines the nexus between World Heritage conservation and development from a human rights perspective. It has become increasingly apparent that due regard must be accorded to human rights, whilst sustaining a heritage conservation regime, balancing heritage, conservation, development and rights. The chapter discusses whether such a balance has been achieved in the Nepalese context and explores further steps to be taken. In Nepal, four places have been designated as World Heritage sites since its ratification of the convention in 1978. Two are cultural sites – the Kathmandu Valley and Lumbini, the birthplace of Lord Buddha; and two are natural sites – Sagarmatha National Park and Chitwan National Park. The recognition of a rights-based approach towards promoting and protecting cultural rights is evident in the Nepali legal tradition.