NATIONAL HUMAN RIGHTS COMMISSION NEPAL · Biratnagar, Chandani Chok - 021-461931, 461093 2....

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Hon. Anup Raj Sharma, Chairperson Hon. Sudip Pathak, Member Hon. Prakash Osti, Member Hon. Mohna Ansari, Member Hon. Govinda Sharma Paudyal, Member Bed Prasad Bhattarai, secretary NATIONAL HUMAN RIGHTS COMMISSION NEPAL Chairperson, Membres & Secretary NHRC Nepal Ofces National Human Rights Commission Central Ofce, Harihar Bhawan, Lalitpur, Contact: 01-5010015, Hotline Number; 5010000, Fax: 01-5547973 Po. Box No.: 9182 Email: [email protected] Outreach Ofces 1. Biratnagar, Chandani Chok - 021-461931, 461093 2. Janakpurdham, Devi Chok - 021-527811, 527812 3. Pokhara, Janapriya Marg - 061-462811, 463822 4. Nepalgunj, Shantinagar - 081-526707, 526708 5. Dhangadhi, Uttar Behadi - 091-525621 6. Butwal, Rupandehi - 071-546911 7. Diktel, Khotang - 036-420284 8. Jumla Bazar, Jumla - 078-520222 9. Sanepa, Lalitpur - 01-5530362 Protection and Promotion of Human Rights National Human Rights Commission’s prime responsibility is to protect and promote human rights. It also performs its duty in coordination with the other stakeholders. The Commission since its establishment has been undertaking its works based on its coordination and collaboration with national, regional and international entities/ organizations and donor agencies. The Human Rights Commission Act 2012 provides the Commission with the capacity to establish formal relationships with civil society. It has developed formal relationships with civil society that result in engagement via regular or institutionalized meetings and engagement with CSOs on thematic issues and in conducting inquiries. The Commission coordinates and collaborates with Non- Governmental Organizations working on human rights issues in order to respect, protection, promotion and effective implementation of human rights. Moreover, the Commission has been entrusted with the responsibility to review national laws, policies and regulations and also make recommendations to the government in order to revise them, as well as to contribute to the strengthening of human rights situation in the country by studying and monitoring the situation of implementation of the international treaties and instruments related to human rights to which Nepal is a party. The Commission has been coordinating with civil society and human rights organizations for human rights protection and promotion activities. Regional ofces of the Commission have been conducting awareness raising programs on human rights education for security personnel, school students, teachers and guardians. Suggestions have been provided to include human rights in the training courses designed for security personnel during the meetings and interactions with the chiefs of the security forces. Separate human rights resource books 2070 have been published targeting security personnel and teachers. The Commission hosted National Peace Conference in 2005, ve regional conferences on children's rights in 2007 and National Conference for Human Rights Defenders in 2012 and 2017.

Transcript of NATIONAL HUMAN RIGHTS COMMISSION NEPAL · Biratnagar, Chandani Chok - 021-461931, 461093 2....

Hon. Anup Raj Sharma, Chairperson

Hon. Sudip Pathak, Member

Hon. Prakash Osti, Member

Hon. Mohna Ansari, Member

Hon. Govinda Sharma Paudyal, Member

Bed Prasad Bhattarai, secretary

NATIONAL HUMAN RIGHTS COMMISSION

NEPAL

Chairperson, Membres & Secretary

NHRC Nepal Offi cesNational Human Rights Commission

Central Offi ce, Harihar Bhawan, Lalitpur,Contact: 01-5010015,

Hotline Number; 5010000,Fax: 01-5547973

Po. Box No.: 9182Email: [email protected]

Outreach Offi ces

1. Biratnagar, Chandani Chok - 021-461931, 461093

2. Janakpurdham, Devi Chok - 021-527811, 527812

3. Pokhara, Janapriya Marg - 061-462811, 463822

4. Nepalgunj, Shantinagar - 081-526707, 526708

5. Dhangadhi, Uttar Behadi - 091-525621

6. Butwal, Rupandehi - 071-546911

7. Diktel, Khotang - 036-420284

8. Jumla Bazar, Jumla - 078-520222

9. Sanepa, Lalitpur - 01-5530362

Protection and Promotion of Human Rights

National Human Rights Commission’s prime responsibility is to protect and promote human rights. It also performs its duty in coordination with the other stakeholders. The Commission since its establishment has been undertaking its works based on its coordination and collaboration with national, regional and international entities/ organizations and donor agencies. The Human Rights Commission Act 2012 provides the Commission with the capacity to establish formal relationships with civil society. It has developed formal relationships with civil society that result in engagement via regular or institutionalized meetings and engagement with CSOs on thematic issues and in conducting inquiries.

The Commission coordinates and collaborates with Non-Governmental Organizations working on human rights issues in order to respect, protection, promotion and effective implementation of human rights. Moreover, the Commission has been entrusted with the responsibility to review national laws, policies and regulations and also make recommendations to the government in order to revise them, as well as to contribute to the strengthening of human rights situation in the country by studying and monitoring the situation of implementation of the international treaties and instruments related to human rights to which Nepal is a party.

The Commission has been coordinating with civil society and human rights organizations for human rights protection and promotion activities. Regional offi ces of the Commission have been conducting awareness raising programs on human rights education for security personnel, school students, teachers and guardians. Suggestions have been provided to include human rights in the training courses designed for security personnel during the meetings and interactions with the chiefs of the security forces. Separate human rights resource books 2070 have been published targeting security personnel and teachers. The Commission hosted National Peace Conference in 2005, fi ve regional conferences on children's rights in 2007 and National Conference for Human Rights Defenders in 2012 and 2017.

provided by the Constitution and other prevailing law for the enforcement of human rights and submit necessary recommendations for the effective implementation of such provisions.

The Commission publicize and propagate human rights education at different levels of society through various seminars, symposia, conferences and also build consciousness and awareness about the guarantees bestowed by law for the protection of human rights. Another power of the Commission is to encourage the functioning and efforts of institutions working in the non-governmental sector. In addition, there is a general power to carry out such activities, as the Commission may deem necessary and appropriate for the enforcement, promotion and protection of human rights.

Composition

The Constitution has laid down the high qualifi cations that the members are required to have, to be eligible to be appointed to the Commission. Article 248 of the Constitution of Nepal, 2015 has provisioned the following:

• There shall be a National Human Rights Commission of Nepal, consisting of a Chairperson and four other members.

• The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members.

• The term of the offi ce of the Chairperson and members of the National Human Rights Commission shall be six years from the date of appointment.

• The Chairperson and members appointed under clause (2) shall not be eligible for reappointment.

Functions

The Commission has a wide mandate including civil and political rights, economic, social and cultural rights, and rights of the other groups. Article 249 of the Constitution of Nepal, 2015 lays down that the Commission shall perform the following functions, namely:

• To respect, protect and promote human rights and ensure effective enforcement thereof.

• Inquire on its own initiative or on petition or complaint lodged in or sent to the Commission and investigate complaints about the violations of human rights of an

individual or group or abetment thereof, and make recommendation for action against the perpetrators.

• Recommend to the concerned authority to take departmental action against any offi cial, who fails to fulfi ll or perform his or her responsibility or duty or shows reluctance in preventing violations of human rights.

• Recommend to fi le a case in the court in accordance with law against any person or organization who has violated human rights.

• Coordinate and collaborate with the civil society in order to enhance awareness on human rights.

• Carry out periodic reviews of the relevant laws relating to human rights and make recommendation to the Government of Nepal for necessary improvements and amendments to such laws.

• Recommend Government of Nepal for the implementation of any international treaty or agreement on human rights, to which Nepal is a party.

• Publish, in accordance with law, the names of the offi cials, persons or bodies who have failed to observe or implement any recommendations or directives made or given by the Commission in relation to the violations of human rights, and record them as violators of human rights.

Core Priorities

The Commission has identifi ed following issues as the priority issues on the basis of the analysis of its strength, weaknesses, opportunities and risks, as well as the review of institutional challenges:

1. Economic, social and cultural rights, as well as civil and political rights.

2. Implementation of human rights laws and international treaties and instruments.

3. Effective implementation of the recommendations.4. Human rights awareness and education at every

household, and to develop human rights culture.5. Priority to the protection of the rights of marginalized,

vulnerable and under privileged communities.6. Protection of the rights of children, women, senior

citizens, Dalits, Differently able people.7. Expansion of the access, institutional development and

personnel management of the Commission.8. Strengthening internal and external coordination, liaison

and cooperation.9. Strengthening the monitoring, investigation and

performance system of the Commission.

Introduction

The National Human Rights Commission (NHRC), Nepal is an independent and autonomous constitutional body. The Commission was established in the year 2000 A.D. as a statutory body under the Human Rights Commission Act 1997. NHRC Nepal has a separate sphere of responsibilities as mandated in the constitution of Nepal (2015). These responsibilities complement the normal machinery of the Supreme Court, Offi ce of the Attorney General, and other existing judicial and quasi-judicial bodies of Nepal.

The Commission was created in response to 1991 UN-sponsored meeting of the representatives of national institutions held in Paris. The meeting laid down Paris Principles, a detailed set of principles on the status of national institutions. These principles, subsequently endorsed by the UN Commission on Human Rights (Resolution 1992/54 of 3 March 1992) and the UN General Assembly (Resolution 48/134 of 20 December 1993, annex) have become the foundation and reference point for the establishment and operation of the National Human Rights Commission of Nepal as well.

Overview

As an independent and autonomous entity, the National Human Rights Commission is constituted with the formation of human rights related entities, international directives on freedom and autonomy 1993 (which is regarded as Paris Principle) and Article 248 and 249 of the Constitution of Nepal. The Commission has fi ve offi ce bearers including the provision for a chairperson and four members. The Commission has ten offi ces in function including one central, fi ve regional and four sub-regional offi ces. Given the total positions for 309 staff, the total strength of the staff this fi scal year stands at 210.

Constitutional Mandate

The establishment of the Commission complies with the standards set out in the 'Paris Principles'. To name a few, independence is guaranteed by the constitution and statute; a broad mandate based on universal human rights standards. Apart from these powers, the Constitution has also envisaged that the Commission may review the provisions on safeguards