Chapter 11: Nepal's commitment to protect and promote human rights:

Chapter 11: Nepal's commitment to protect and promote human rights: 

In Nepal, for such purpose there is: 

1. National legal instruments:  

• Constitution of Nepal 
• Nepal treaty Act 2047.
• NHRC Act 2068.
• Compensation relating to torture Act 2053.

• Civil Liberty Act 2012.

   

2. National institution mechanisms: 

• National Human Rights commission (NHRC).
• National women commission.
• National Dalit commission. 
• National inclusion commission. 
• National Madhesi commission. 
• National Tharu commission. 
• National Muslim commission.

3. National human right commission (NHRC):

• It is an independent statutory body adopted in 2057 by NHRC ACT 2053.
• Interim constitution 2063 recognised it as a constitutional body.
• It has a separate mandate as per the constitution.
• In 2068, the NHRC Act was introduced which replaced the Act of 2053.
• NHRC was created on the basis of 1991 UN meeting held in Paris that established the principles, which are called Paris principles. Paris principles laid out the foundation for establishment of human rights institutions.
• Paris principle contain following principle that national human right institution (NHRI) must meet: 
• Broad mandate: power to see every HRs issue based on universal human rights principles.
• Independent: NHRI must be independent and must be established constitutionally.
• Pluralism: representation of all. 
• Adequate resources including financial resources. 
• Autonomous body: must have its  own rules/laws.
• Adequate power for investigations. 

• Global alliance for NHR institution evaluates national human right institutions on following basis: 
• Fully compliance with Paris principle is ‘A’ credited.
• Not fully compliance with Paris principle, ‘B’ credited.

• Not any compliance with Paris principal, ‘C’ credited.

   (NHRC is ‘A’ credited.)

Constitutional Framework of NHRC: 

• Part 25; of Constitution, Article 248, 249. 
• It consists of 1 chairperson and 4 members.
• And they are appointed by the president on the recommendation of the constitutional council. 
• Tenure: 6 years from date of appointment. 
• Vacant: conditions for vacancy: 
•  resignation to the president.
• Impeachment according to Article 101 of the constitution.
• Inability to hold a post.
• If dies.

C. Enforcement and Implementation Mechanisms:

Duty, functions and power of NHRC: 

Duty: Duty to Respect, protect and promote human rights and ensure effective enforcement. 

    Functions:

1. To inquire on its own initiative, petition or complaints.
2. Investigate complaints of violation of human rights and make recommendations against the accused.
3.  If any official whose responsibility is to prevent violation of human rights fails to perform duty, then NHRC recommends taking departmental action against such.
4. Make a recommendation to file a case in the court.
5. To enhance awareness on human rights.
6.  Make recommendations to impose punishment to those who have violated human rights.
7.  Carry out periodic Review of laws and recommend to the government for necessary improvements.
8. Recommend the government to be part of a treaty or agreement relating to human rights.
9. Monitor on enforcement of human rights treaties.
10. Publish names of officials, persons or bodies who violated human rights and record them as violators of human rights.

  Powers:

1.  To exercise power as of a court.
2.    Investigate the person, their residents or office without notice.
3. To rescue victims by entering any government office or place without notice.

4. Order for the compensation to the victim.

                                                    Prepared and edited by Madhu Dahal and Manish Rajak.