Human rights in Bhutan are those outlined in Article 7 of its Constitution.Constitution of Bhutan , Art 7. The Royal Government of Bhutan has affirmed its commitment to the "enjoyment of all human rights" as integral to the achievement of 'gross national happiness' (GNH); the unique principle which Bhutan strives for, as opposed to fiscally based measures such as GDP.Vishal Arora, "Bhutan's Human Rights Record Defies 'Happiness' Claim" (25 April 2014) The Diplomat.
In practice, Bhutan's human rights record has received criticism for the treatment of the Lhotshampa people, many of whom became refugees in Nepal, as well as for failure to uphold freedom of religion.Bureau of Democracy, Human Rights and Labor, 2011 Human Rights Reports: Bhutan (United States Department of State, May 2012) at 1.
In 2024, Freedom House rated Bhutan's human rights at 63 out 100 (partly free).https://www.freedomhouse.org/country/bhutan/freedom-world/2024 Freedom House, 2024 report
Legal framework
Rights under the Constitution
Bhutan's Constitution was adopted in 2008 and only after that was it transformed from an absolute monarchy to a democratic Constitutional monarchy.National Assembly of Bhutan, "Constitution of Bhutan", nab.gov.bt. Article 7 of the Constitution establishes numerous rights, including "many of the basic human rights enriched in international conventions", which are said to be "essential for development of the human personality and for the full realization of the human potential."Royal Court of Justice, A Guide to the Constitution of Bhutan (Judiciary of Bhutan) at 15-16. "Fundamental rights" established in Article 7 include:
Life, liberty, and security;Constitution of Bhutan , Art 7.1. Freedom of speech;Constitution of Bhutan , Art 7.2. Freedom of thought and religion;Constitution of Bhutan , Art 7.4. Freedom of the press;Constitution of Bhutan , Art 7.5. Freedom of movement and residence within Bhutan;Constitution of Bhutan , Art 7.7. Property;Constitution of Bhutan , Art 7.9, 7.14. Freedom of assembly and association;Constitution of Bhutan , Art 7.12. Freedom from discrimination on grounds of race, sex, language, religion, politics, or other status.Constitution of Bhutan , Art 7.15.
Other classes of rights protected are labor rights,Constitution of Bhutan , Art 7.8, 7.10, 7.11. voting rights,Constitution of Bhutan , Art 7.6. and intellectual property rights.Constitution of Bhutan , Art 7.13. The Constitution also prohibits torture and "cruel, inhuman or degrading treatment or punishment", including capital punishment.Constitution of Bhutan , Art 7.17-7.18. The final clauses of Article 7 enshrine a right to privacy with respect to arbitrary or unlawful interference only, protect against arbitrary arrest, and provide a right to legal representation as well as a right to undertake legal proceedings for the enforcement of Article 7 rights.Constitution of Bhutan , Art 7.19-7.21, 7.23. While most rights guaranteed under Article 7 are accorded to "all persons" or people "within Bhutan" some rights are explicitly reserved for Bhutanese citizens, such as freedom of speech, thought, religion, movement, and assembly, as well as rights to information, vote, property, and labor rights.
Article 8 of the Constitution outlines "corresponding fundamental duties".Royal Court of Justice, A Guide to the Constitution of Bhutan (Judiciary of Bhutan) at 16. Important provisions include articles 8.3 and 8.5. Article 8.3 states that every Bhutanese citizen is under a duty to "foster tolerance, mutual respect and spirit of brotherhood amongst all the people of Bhutan transcending religious, linguistic, regional or sectional diversities."Constitution of Bhutan , Art 8.3. Article 8.5 states that people should "not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts."Constitution of Bhutan , Art 8.5.
International obligations
Although Bhutan's Constitution was framed to reflect various basic human rights protected by international conventions, Bhutan itself has neither signed nor ratified many key international treaties addressing human rights, including the International Covenant of Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).United Nations Human Rights Office of the High Commissioner, "Ratification Status for Bhutan", ohchr.org. Bhutan is party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), as well as the CRC's first two optional protocols. Bhutan has also signed, though not ratified, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the Convention on the Rights of Persons with Disabilities (CRPD).
Bhutan joined the United Nations in 1971.United Nations, "Member States", un.org. It has therefore been subject to the Universal Periodic Review (UPR), having gone through two cycles so far; first in 2009 and again in 2014.United Nations Human Rights Office of the High Commissioner, "Universal Periodic Review - Bhutan" (2009) ohchr.orgUnited Nations Human Rights Office of the High Commissioner, "Universal Periodic Review Second Cycle - Bhutan" (2014) ohchr.org
Gross national happiness
In its national report under the first cycle of the UPR, Bhutan's Royal Government asserted that the enjoyment of all human rights is necessary to achieve GNH, "to which it is also deeply committed".Bhutan, National report A/HRC/WG.6/6/BTN/1 (2009) at 23. GNH was said to establish the "framework for the protection, promotion and integration of human rights into the fabric of Bhutanese society."Bhutan, National report A/HRC/WG.6/6/BTN/1 (2009) at 8. This connection between GNH and human rights within Bhutan was reaffirmed in its national report under the second cycle, where Bhutan concluded by stating that social and economic rights were "reflected in its developmental concept of GNH."Bhutan, National report A/HRC/WG.6/19/BTN/1 (2014) at 22-23.
The concept of GNH was first articulated by Bhutan's fourth king, Jigme Singye Wangchuck, in 1972.Prahlad Shekhawat, "Redefining Progress: A report from the Gross National Happiness conference in Bhutan" (22 January 2009) Policy Innovations. The development concept, rather than employing "conventional income-based measures", focuses on the happiness of individuals and the maximisation thereof through an aspirational, spiritual, and cultural lens. GNH has four "pillars". They are:
The promotion of equitable and sustainable socioeconomic development Preservation and promotion of cultural values Conservation of the natural environment Establishment of good governance
Bhutan's first national report to the UPR explicitly related these pillars to human rights, which it said were embodied within them. The first pillar is said to represent economic rights, ensuring that "present development does not compromise the right to development of future generations... and that every person in the country benefits from development activities." The second pillar is said to protect cultural rights and reflect Bhutan's non-discriminatory nature.
Human rights issues
Lhotshampa discrimination
The Lhotshampa are a heterogeneous Bhutanese people of Nepalese origin who have historically inhabited the southern regions of Bhutan.Michael Hutt Unbecoming Citizens: Culture, Nationhood, and the Flight of Refugees from Bhutan (Oxford University Press, New Delhi, 2005) at 61-63, 91-92. The Nepali who would become the Lhotshampa, or "southerners", began to emigrate from Nepal to Bhutan in the late 19th century.Michael Hutt Unbecoming Citizens: Culture, Nationhood, and the Flight of Refugees from Bhutan (Oxford University Press, New Delhi, 2005) at 58-61. By the late 1980s, Bhutan's government recognised 28% of the population as Lhotshampa, though unofficial estimates go as high as 40% and also estimate that only 15% were legal residents.Andrea Matles Savada Nepal and Bhutan: country studies (3rd ed, Library of Congress, Washington, D.c., 1993) at 274-275. The extent of the Lhotshampa population became apparent in the 1988 census.BBC, "Bhutan profile - Timeline" (20 May 2015).
Subsequently, ethnic tensions strengthened in Bhutan, with many Lhotshampa branded as illegal immigrants, citizenship laws were enforced by new measures and an emphasis was placed on the "Tibetan-based Bhutanese culture, antagonising [the] minority Nepali community." To that end, conformity began to be demanded of the Lhotshampa in numerous ways. In 1989, the Nepali language was prohibited from being used in schools. That same year, a traditional Bhutanese dress code, the Driglam Namzha, was enforced among the general public, eschewing any traditional Nepali "costume" that might otherwise have been worn by Lhotshampas.Michael Hutt Unbecoming Citizens: Culture, Nationhood, and the Flight of Refugees from Bhutan (Oxford University Press, New Delhi, 2005) at 170-172.
Violent unrest and anti-government protests occurred in 1990 within southern Bhutan in response to the "Bhutanization policies" that had been implemented.Minorities at Risk Project, "Chronology for Lhotshampas in Bhutan" (2004) refworld.org - UNHCR. This "revolt" was met with a "crackdown" by the government that included the closure of 66 schools in southern Bhutan,Michael Hutt Unbecoming Citizens: Culture, Nationhood, and the Flight of Refugees from Bhutan (Oxford University Press, New Delhi, 2005) at 220-221. as well as "harassment, arrests, and the burning of [Lhotshampa] homes."Bill Frelick, "For Bhutan's refugees, there's no place like home" (30 March 2011) Global Post/Human Rights Watch. In late 1990 Lhotshampa refugees began entering Nepal,Michael Hutt Unbecoming Citizens: Culture, Nationhood, and the Flight of Refugees from Bhutan (Oxford University Press, New Delhi, 2005) at 256. forced to leave Bhutan by the government after having been "arbitrarily stripped of their nationality."Alexander Casella, "Nepal finally waves away refugees" (15 December 2009) Asia Times.Bureau of Democracy, Human Rights and Labor, Country Reports on Human Rights Practices for 2015: Bhutan (United States Department of State, 2015) at 7.Amnesty International, "Bhutan Human Rights", amnestyusa.org. By 1995 86,000 Lhotshampa had taken up refugee status in Nepal, roughly one-sixth of Bhutan's then population of 509,000.Population Division, World Population Prospects: The 2015 Revision, Volume I: Comprehensive Tables (United Nations Department of Economic and Social Affairs, 2015) at 20.
Unsuccessful talks between Nepal and Bhutan regarding the status of Bhutanese refugees, in particular regarding Nepal's desire for them to be repatriated, were held in 1993, 1996, and 2001. By 2009 some 111,000 Lhotshampa resided within refugee camps in Nepal when a "third country resettlement program" began which has seen 88,770 Bhutanese refugees resettled, including 75,000 in the United States. As of September 2015, 10,000 Lhotshampa remain in refugee camps in Nepal overseen by the Office of the UN High Commissioner for Refugees (UNHCR).