National Human Rights Commission of NepalHarihar Bhawan, Lalitpur, Nepal June 2011Issue 12Volume 6

Human Rights Bulletin

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Lalitpur : The National HumanRights Commission has receiveda shot in the arm by retainingits “A” status in its accreditationw i t h t h e I n t e r n a t i o n a lCoordination Committee (ICC)of the National Human RightsInstitutions (NHRIs), Geneva.

Following the decision of Sub-Committee on Accreditation(SCA) of ICC to confer thisrecognition to NHRC, SCA haslauded NHRC’s “past advocacyefforts” and readiness toi m p l e m e n t e a r l i e rrecommendat ions . Also ,considering its crucial role inmonitoring human rights issuesin Nepal's ongoing transition topeace, the ICC recommendation

has indicated that it is satisfiedwith NHRC's efforts to addressthe concerns.

An endorsement of the ICC

bureau, a higher authority, willformally recognize the re-accreditation, the letter sent bythe Sub -Commi t t ee onAccreditation (SCA) of ICC tot h e N H R C r e a d s .

At a meeting held in Geneva afew weeks ago, the ICC of

NHRIs recognized the NHRCas an ‘A’ status human rightswatchdog for a period of fiveyears, taking into account itsindependence and effectiveness

in protecting human rights,NHRC Spokesperson GauriPradhan unvei led at aninteraction with rights activistsin the capital.

‘The SCA of ICC decision hasenthused us to move ahead moreconfidently at this critical time,’

said Member Pradhan, whoattended the meeting of SCA ofICC in Geneva. ‘The re-accreditation has enhanced thecredibility of the institution andrecognized its independent status.’

Meanwhile, the ICC had askedNepal to amend the NHRC-billto ensure its financial andoperational independence in linewith the Paris Principles andGeneva observations. Also, ithas also asked the Commissionto continue its collaboration withthe OHCHR and Asia PacificForum of NHRIs for theendorsement of NHRC-Billwhich has been languishing inthe House of Parliament forquite sometime now.

Criminalizing of Torture: Rights Bodiesunderscore Rationale

Continues on page 1

NHRC Retains ‘A’ StatusSub-Committee on Accreditation of ICC Lauds NHRC Efforts

The re-accreditation has enhancedthe credibility of the institution andrecognized its independent status

Lalitpur : NHRC ChairpersonJustice Kedar Nath Upadhyayhas said that torture is the by-product of our ill-culture andthis beastly act prevailseverywhere in the world.

Speaking at a programmeorganized jointly by NationalHuman Rights Commission(NHRC), National Women'sCommission (NWC), NationalDalit Commission (NDC) andother rights watchdogs to markthe International Day againstTorture recognized by the UN,the Chairperson said, ‘Since theInterim Constitution of Nepal-2007 has made the rights againsttorture as the fundamentalrights, we got to see how honestthe state is towards fulfillingthe commitment expressed

on Conven t ion aga ins tTorture (CAT).’

‘It is also time to think about themental torture perpetrated by thearmed outfits over ransom issuein the Terai. The Ghairpersonalso stressed that the Govt hasto make effective monitoringmechanism to look into suchcrimes that inflict torture – be itin the detention or elsewhere.’The Chairperson has suggestedthat the functional code bedevised in line with the spirit ofCAT to which Nepal became aparty on May 27, 1991.

‘The Commission has beendoing its utmost to draw theattention of the concernedtowards criminalizing torture.However, unless the stablegovernment accountable to

Chairperson Upadhyay and Attorney Gneral Dr. Yuva Raj Sangraulaamong others during the Programme held on “Criminalizing of Torture”

... unless the stable governmentaccountable to citizens with the capacity

to bring the perpetrators to justice isformed, ill practice of torture will remain

deep rooted

National Human Rights Commission of NepalHarihar Bhawan, Lalitpur, Nepal June 2011Issue 12Volume 6

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Civil Society Stresses NHRC's Independence

citizens with the capacity tobring the perpetrators to justiceis formed, ill practice of torturewill remain deep rooted,’ saidthe Chairperson.

Member Gauri Pradhan said thatNepal has been an exemplaryone among five torture freestates in the by gone days, buttorture has now become thecommon concern of all .

‘Since torture is not forgivableunder any circumstances, theformulation of national lawincluding guidel ines andmechanism becomes inevitable.Similarly, stating that suppressionof the acts of torture by formingnational law is essential, he said,this ill-culture of torture is notlimited to the ill-treatment of thosearrested by police.

Member Pradhan said torture isrampant not only in police orarmy custodies but also schoolhas been the prime site wheretorture is perpetuated in day today life. Tens of thousands ofstudents are subjected to tortureacross the nation. This isextremely sensitive case thatresults in the adverse impact onthe students from an early age.”

Ms Mohana Ansari, Member ofNWC said, ‘Women are inducedto crimes and in order to provethe crimes they are physicallyinflicted torture. In this regard,there hasn’t been change broughtabout even during and after thetransit ional phase. Massawareness is necessary at leastt o m i n i m i z e s u c h amenace, thus.’

Mandira Sharma of AdvocacyForum said, ‘Torture is aheinous crime and there can’tbe any debate on it. Sadly, theconcept of legal remedies hasn’tbeen built as yet to criminalizethe torture although the pressureis exerted from all but all invein.’ She, however, hoped thatcriminalization of torture isessential to give some faceliftto the degrading state of humanrights owing to nation's chaoticstate of politics and bureaucracy.

Attorney General Dr. Yuva RajSangraula said, ‘It appears thatall are entangled in some sort ofvicious circle. Corruption hasbeen the major factor to havetorture flourished. The change,therefore, is needed not only inthe mechanism with the stateactor but also the people ingeneral should change theirmindset in this regard. He called

upon all the organizations notto remain as islands to help buildor reform mechanism againsttorture.

Dr. Trilochhan Upreti, Secretaryof the Office of the PrimeMinster and the council ofMinisters said the adoption ofrecommendations would not beso meaningful since no Nepalilaw makes legal the torturemeted out to victims in custody.‘Even i f we adopt therecommended internationaltreaties, we lack adequateinfrastructure for their effectiveimplementation.’

However , na t iona l andinternational human rightswatchdogs including NHRC,Advocacy Forum, NWC andNDC, among others, criticizedthe government decision toreject the proposal.

Lalitpur : NHRC Member /Spokesperson has said that theCommission was incepted at parwith the Paris Principles and ithas to be independent andautonomous in nature.

Speaking at interaction held onthe theme “Collaboration withthe Civil Society on theAutonomy of NHRC” on June13, 2011, Member Pradhan saidthat concerted pressure exertedfrom the side of the civil societyremains unforgettable to ensurethe Paris Principle in theconstitution aimed at inceptingthe Commission in the past. Thedebate whether or not to providei n d e p e n d e n c e t o t h eCommission at a time whenother institutions such as CIAAand election Commission do notenjoy the autonomy, MemberPradhan stressed furtheralertness on having independentNHRC.

Presenting the paper on UPRreport and ICC accreditation tothe Commission, MemberPradhan expressed his thanks tothe government and civil societyfor the support rendered to theCommission and further

reiterated that the impunitywould continue to be safe-sheltered if NHRC is notstrengthened with the provisionof autonomy to it.

After the paper presentation, therepresentatives of various civil

society organizations forwardedt h e i r s u g g e s t i o n s a n drecommendations with regardto the autonomy of theC o m m i s s i o n . B h a k t aBiswakarm of NNDSWOforwarded 7 point writtensugges t ions dur ing thein t e rac t ion p rog ramme.

Secretary Bishal Khanla shedlight on the effort and progress

made so far for the autonomyof the Commission.

At the interaction programme,the discussion was also held onthe would-be constitutedC o m m i s s i o n s s u c h a sCommission on Enforced

Disappearance and Truth andReconciliation Commission bythe present government.

Sashai Kumar Upadhyay –FOPHUR, Charan Prasain –Joint Forum for Human Rights,Gokul Pokharel – former NHRCMember, Bhaktak Biswakarma- Nepal National Dalit SocietyWelfare Organizations, RamDayal Rakesh – former NHRC

Member, Jyoti Baniya –Consumer Welfare ProtectionForum, Ganesh Biswakarma –HR Alliance, Dr. NetraTimilsina – NGO Federation,Mandira Sharma – AdvocacyForum, Subodh Pyakurel –INSEC, Chakra Biswakarma –DWO, Suprabhat Bhandari –G u a r d i a n s A s s o c i a t i o nf a c i l i t a t e d t h e i rr e c o m m e n d a t i o n s a n dsuggestions on the autonomy ofthe Commission.

Thanking the particinats for thierinvaluable suggestions, MemberGauri Pradhan, once again,urged them to send in the criticalbut constructive suggestions onthe issue. He also called on theparticipants to start the informaldiscussion that would help as tohow NHRC can move forwardto devise mapping in makingthe vetting list of the humanrights violators.

The part ic ipants of theprogramme consisted of therepresntatives from the humanrights organizations, civil socity,media persons and otherstakeholders.

Continued from page 1

Criminalizing of Torture ...

Representatives of Civil Society Organizations and the NHRC StaffMembers at the Programme held on June 13, 2011

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Continues on page 6

Lalitpur : Since the inception in2001, the National HumanRights Commission has beenraising strong voice to preventthe withdrawal of criminal casesin the name of cases of “politicalnature”. The State Cases Act,1990 permits the withdrawal ofstate cases fi led by theGovernment with the permissionfrom the respective courts.However, NHRC is in view thatthe Government should notwithdraw any case which isdirectly related to the violationof human rights. As a state partyto the International HumanRights Law and InternationalHumani ta r ian Law, theGovernment of Nepal has anobligation to respect, protect andfulfill its commitment on humanrights. If the cases filed by thestate against the oppositionpolitical leaders and cadres arefound based on “false charge”,the Government should make itpublic before getting permissionfrom the respective courts. TheSupreme Court verdict onGovernment of Nepal v. DilBahadur Lama refers, “Beforepermission is granted to theGovernment for the withdrawalof cases, the court shouldinvestigate whether the intentionis for good cause or not (NepalKannon Patrika, volume no. 7,No. 4940). If the court will workjust as a “Stamp-pad” ofGovernment for the withdrawalof cases, such tradition willnurture impunity against theculture of human rights.

The National Human RightsCommission has directed theMinistry of Home Affairs toclarify why it recommended thewithdrawal of 238 court casesagainst the alleged perpetratorsof the September 2007Kapilbastu carnage and otheracts of grave human rightsviolations. Likewise, NHRC had

also asked the Government toprovide the list of withdrawal

of cases and its valid reasons in2009. The Government of Nepalhas been arguing that the Article5 of the Comprehensive PeaceAccord (CPA), 2006 confers itwith the right “To withdrawpolitically-motivated cases

against individuals.”, However,NHRC maintains that a number

of cases withdrawn by theGovernment of Nepal havenothing to do with politics asthey are clearly identified ascriminal cases. In any case,NHRC-Nepal considers this tobe fair and judicious if

withdrawal of cases wouldprecede court hearing with theaid of Amicus Curie from theBAR or Human RightsCommission as is deemedconvenient.

NHRC has recommended to theGovernment on August 6, 2008for the ratification of ICC (RomeStatute) that would pave the wayto address impunity throughb r o a d e r n a t i o n a l a n dinternational justice system butthe de-facto situation is that thishasn’t been implemented untiltoday.

With regard to the withdrawalof the cases, the NHRC took astrong stand by sending the letterno. 618 dated November 17,2008 demanding the explanationon what ground the Governmentmade the decision to withdraw349 cases. The NHRC is inreceipt of the reply (dispatch No143, dated November 24, 2008)from the Office of the PrimeMinister and Council ofMinisters with the detailregarding the withdrawal of thecases.

Recently, speaking at theprogramme organized to mark61st International Human RightsDay, NHRC Chairperson KedarNath Upadhyay stressed that itis well known that human rights,democracy and the rule of laware indispensable for oneanother. The hasty decision ofthe Government to withdrawhundred of cases of killing,abduction, rape and torture thatdirectly concern human rightshas apparently given the impetusto impunity as is perceived byg e n e r a l p e o p l e . T h eCommission makes it a pointthat the Government shouldmake a practice of consultingthe Commission prior towithdrawing the cases regardinghuman rights violations.

Withdrawal of Cases and Impunity

Joint Media AdvisoryRemedies and Rights Revoked: Impunity

through Case Withdrawals

Kathmandu, June, 23– The National Human Rights Commission (NHRC)and the United Nations Human Rights Office in Nepal (OHCHR-Nepal)today released a Legal Opinion paper entitled “Remedies and RightsRevoked: Case Withdrawals for Serious Crimes in Nepal.”

Drawing on Nepal’s binding national and international legal obligations,the joint paper outlines the Government’s responsibility to investigateand prosecute human rights violations that constitute serious crimesunder national and international law as well as to provide effectiveremedies for those found to have suffered abuse. However, instead manyof these cases have been withdrawn by the Government on the basis ofpolitical decisions and calculations.

“The withdrawal of cases involving serious violations of human rightsor humanitarian law not only violates the Government’s legalcommitments, to ensure criminal accountability, but also underminesits repeated political promises to hold those responsible for major crimesto account and put an end to impunity for past and ongoing violations,”said Jyoti Sanghera, Head of OHCHR-Nepal. “In this regard, our officenotes as a positive development Prime Minister Jhala Nath Khanal'sstatement highlighted in the media today that the government cannotwithdraw these cases without following a due process.”

The joint paper assesses recent legal-reform initiatives and offersrecommendations to ensure the compliance of current and future legislativeand constitutional proposals with Nepal’s international legal obligations.In finalising its new Constitution – as well as the draft bills on the Truthand Reconciliation Commission and the Criminal Procedure Code –Nepal has the opportunity to bring the national legal framework intoline with international standards and best practices.

“These withdrawals have served to shield politically connected individualsfrom criminal accountability in relation to hundreds of serious crimes”,stated Gauri Pradhan, Commissioner and Spokesperson of NHRC. “Theinvestigation and prosecution of these cases are essential to building ajustice system based on accountability and the rule of law, criticalfoundations for a lasting peace in the country, and to help ensure thatsimilar abuses do not happen again.”

National Human Rights Commission-NepalOHCHR-Nepal

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The Chairperson, on the occasionof 10th Anniversary of theCommission on May 27- 2011,has reiterated that impunity hasbeen the most alarming of all thep rob lems faced by theCommission in recent days.Having been in seat of power indifferent phases of time, themajor political parties havewithdrawn criminal cases whichneed to be reviewed in the contextof nexus between politicians andcriminals or vice versa. We can’thelp but simply predict that thequestion might arise over thedecision to withdraw the casesin posterity particularly on thecontext of universal human rightsnorms and in ternat ionalhumanitarian law.

It may be recalled that last UPRreport jointly submitted by theNHRC, NWC and NDC alsofocuses on the situation ofimpunity in the country.

The excerpts of the report readsthat the state of impunity is oneof the main challenges for theprotection and promotion ofhuman rights. The maintenanceof rule of law has appeared as adifficult problem in the recentdays. The number of heinousand organized form of crimeshas increased alarmingly.

The Government’ willingnessto take action against theperpetrators of human rightsviolations is in question. Thenon implementation of therecommendations of the highlevel investigation commissioncalled Rayamajhi Commissionof 2006 can be taken as anexample. More than 75%recommendations of NHRCt o w a r d p r o s e c u t i o n o rdepartmental actions against thehuman rights violators are not

implemented followed byvarious recommendations ofo the r NWC and NDC.Significant number of finaldecisions of the courts oncriminal matters is also notimplemented. The Governmenthas withdrawn over a hundredcriminal cases under courtconsideration in 2009 thatinclude cases of murder, rapeand other serious criminaloffences.

The increasing practice of non-compliance with law especiallyamong the po l i t i c i ans ,bureaucrats and securitypersonnel has been developingin the form of a culture. Thistrend has enhanced lawlessness,impunity and insecurity amongthe people in general.

The purpose of Truth andReconciliation Commission(TRC) provided in theComprehensive Peace Accord(CPA) is to determine the factand circumstances giving riseto each and every case of humanrights violations occurred duringt h e c o n f l i c t p e r i o d .Consequently, the Commissionto be formed for that purposewould have to determine thenature and gravity and todiscover the truth behind thecases. This would indisputablysettle down the question as towhether a particular case hasarisen due to political cause orcriminal motive.

Therefore, withdrawal of casesseems to have wider implicationthan it appears at present. In anycase, NHRC-Nepal wouldsupport OHCHR-Nepal’s moveto forestall withdrawing of casesof grave violation of humanrights and cases of crimesagainst humanity.

Withdrawal of Cases: ...Continued from page 5

To download the Legal Opinion paper by NHRC andOHCHR-Nepal, “Remedies and Rights Revoked: CaseWithdrawals for Serious Crimes in Nepal”, please visit:

www.nhrcnepal.org or http://nepal.ohchr.orgContinues on page 7

Kathmandu: The esteemedSupreme Court has given thed e c i s i o n t h a t c o r p o r a lpunishment perpetuated onschool children under variouspretexts is unlawful. Yet, theformidable practice of deliveringcorporal punishment stillprevails in the schools whichwould leave impact on childrenboth physically and mentally.

In the same context , aprogramme on ‘SensitizationWorkshop on Corpora lPunishment in School’ wasorganized by the Commissionunder Save the Children Projecton May 28, 2011 in Kathmandu.

Since the issue of corporalpunishment directly concern therights of child, this comes underthe jurisdiction of the promotionand advocacy division and theChild Rights Desk of theCommission.

The objective of the programmewas to sensitize the concernedteachers about the corporalpunishment and to reduce andrestrain corporal punishment inschools.

Member Gauri Pradhan,chairing the programme, saidthat the de-facto formidablesituation of corporal punishment

remains hysterical in the schoolswhich should be viewed throughchild rights perspective. Headded that provided the code ofconduct is devised for all theconcerend inclduing teachersconcerned in uniformed way, itwould help minimize the on-going corporal punishment inthe schools. Member Pradhanalso stressed on the developmentof the concept of positivepunishment in all settings.

At the outset, welcoming theparticipants of the programme,the Deputy Director AchyutAcharya shed light on therationales of the programme.

Stressing on the concept of zerotolerance mentioned in theConvention on the Rights ofChild – 1994 (CRC), DirectorAchraya said the delivery of thepunishment to the children isprohibited legally, socially,c u l t u r a l l y a n d e v e npsychologically. He, therefore,stressed on the solidarity for thecommitment to make all thestakeholders accountabletowards minimizing the horrorof corporal punishment throughawareness.

Dr. Tr ic locchan Upret i ,Secretary of the Offcie of thePrime Minister and Coucil of

Solidarity to SensitizeStakeholders on Corporal

Punishment

Experts and participants at a discussion programme heldon corporal punishment in schools

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Lalitpur : NHRC Member GauriPradhan has said that thedispiri ted notion of thegovernment security agenciestowards the security of the rightsdefenders is tantamount to theimpunity of severe nature.Stating extremely deterioratingsecurity situation of thejournalists and the prevalentsituation of ‘self-censorship’among all the media andcommunication, therefore, thedelegation representing theFederation for NepaleseJournalists (FNJ) presented aletter of memorandum to theCommission today.

A c k n o w l e d g i n g t h eMemorandum, NHRC Member/ Spokesperson Gauri Pradhansaid, ‘We are apprehensivelyconcerned about the news that

the main accused involved in theattack of journalist Khila NathDhakal is under politicalprotection. It is awfully sad tolearn that the persons involvedin human rights violations aregiven political protection.’Informing about the preliminaryinvestigation commencedpromptly by the NHRC EasternRegional Office over thecomplaint received on the basisof suo moto cognizance,Member Pradhan said ‘ We arehope fu l t ha t t he l oca ladministrat ion wil l takeappropriate step to deliver actionagainst the accused but the mainaccused involved in the incidenthasn’t been brought to justice asyet. After the restoration ofdemocracy, the attack on thejournalists by the party wings ofruling political party has reached

to its height and, as a result, thesi tuat ion of freedom ofexpression has been deterioratedextremely.’ Stating that thefrontline journalists being thehuman rights defenders, MemberPradhan assured to draw theattention of the concernedauthorities towards the issue ofthe security of the journalists andfreedom of expressions.

Vice Chairperson of the FNJ,Yasodha Timalsina said that thejournalists have been facingvarious threats and attacks onthe issue of media reports dueto which the entire media worldis sickeningly extremelyworried. This has compelled the

FNJ delegation to approach theCommission to beseech help fortheir existence, said MsTimalsina. Also, Mr. OmSharma General Secretary ofF N J a p p e a l e d t o t h eCommission to break the ever-stretching chain of impunitysince no action is taken for theattack perpetuated on thejournalists after the restorationof democracy. Mr. Sharmaurged to draw the seriousattention of the state agenciestowards the issue. NHRCDirector Bed Prasad Bhattaraiand the Treasurer of FNJ ShitalShah were also present duringthe memorandum presentationprogramme.

NHRC Expresses Concern onPolitical Protection to HR Violators

Kavre : The team deployed bythe NHRC central office hascompleted 9 investigationscommencing on 13 complaintsincluding the concluded 5investigations with regard to thedecision remaining pending onthe investigation of thecomplaints on human rightsviolation in Kavre district.

The investigation on the

complaints include the incidentsof unlawful ki l l ing –1,Disappearance –5, Violationagainst Rights of Women –4,and Caste Discrimination –3.

The NHRC has commenced thenecessary investigation on thepending cases to be finalizedwith the investigation on theincidents of grave human rightsviolations.

NHRC investigation on HRviolations gets underway

The NHRC team taking statement on the incident of ChandraLama who was said to have been killed by the security forces

Govt updates onImplementation Status ofNHRC Recommendations

Kathmandu: The latest reporton the NHRC implementationsta tus avai led with theCommission depicts brightpicture of the implementations t a t u s o f t h e N H R Crecommendations by theGovernment. As per the data,the Government appeared toh a v e i m p l e m e n t e d t h erecommendations with 28 %(124) - full implementation, 55% (236) - partial implementationand 17 % ( 79) not implemented.A s c o m p a r e d t o t h e

implementation status report ofthe NHRC, the information onthe implementation statusdeliberated by the Governmentis more than what the NHRCreport unveils. According to theNHRC report, last year, only8% of the total NHRCrecommendations has been fullyimplemented, 32 % has beenpartially implemented and 60 %

remains as non implemented.The data brought forth by theGovernment, therefore, appearsto be in inclining mannerindicating the implementationside gradually becomingencouraging.

This implementation scenariobrings in lot of hopes andexpectations. Most of theseactions for implementationprompted by the governmentapparently rounds up interimrelief and compensation to the

victims. The implementationstatus on the prosecution side,however, remains still in dismalstate. Therefore, the NHRC isyet to work out to verify theimplementation status in groundlevel so that the accurate pictureof the NHRC implementationstatus can be had.

Source: Govt. of Nepal

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HR Orientation to Youths of MatatirthaKathmandu: A one day humanrights orientation programmewas organized on June 25, 2011by the NHRC in coordinationwith the Youth Alarm Nepal, alocal NGO of the Matatirtha areaof Kathmandu district.

The objective of the prograamewas to familiarize the localyouths with the basic humanrights, development of humanrights , NHRC act ivi t iesincluding the awareness onwomen’s r ights and theprotection and promotion ofhuman rights.

At the programme, following thepresentation on the stipulatedtheme, comprehensive discussionwas held on basic human rightsin the context of Nepal.Discussion was also held onEconomical, Social and Culturalrights as well as the rightsprovisioned specially for thewomen and rights ensured againstall forms of discriminationsagainst women (CEDAW).

During the programme, theparticipants came forward withqueries on various issues ofhuman rights. They expressed

inquisitiveness on the NHRCand other national institutionsworking for the protection andpromotion of human rights.

Expressing thanks to theCommission for fulfilling theirrequest to have the programmeof human rights conducted, theparticipants rejoiced to learnabout the role of the youths inthe field of the protection andpromotion of human rights.

The participants appeared tohave enriched their knowledgeon various issues and themes of

human rights throuh theprogramme.

A total of 65 participants took partin the HR orientation programmeranging form the students of gradeXI to the people of various walksof life namely the social workers,teachers, guardians, home makers,local representatives of the variouspolitical parties, including theelderly women participants of 70years of age. The participationwas on the basis of inclusivenesswith the participation of theindigenous ethnic and Dalitcommunities of the area.

Lalitpur : An agreement onpromoting human rights hasbeen signed on June 30, 2011 between the NHRC-Nepal andthe Government of Finland.Secretary Bishal Khanal onbehalf of the Commission andCharge de’ Affairs Pirkko-LiisaKyostila on behalf of theGovernment of Finland signedin the agreement. As per theagreement, an amount of 185thousand Euros shall be spentwithin a period of 18 months.

Speaking at the programme, theNHRC Chairperson JusticeKedar Nath Upadhyay said thatthere has been collaborationbetween the Commission andthe Finnish Government in thepast and this landmarkagreement will now extend agreat support to make the schoola human rights friendlyinstitution. Recalling thetechnical support extended forthe complicated exhumation ofthe Shivapuri of Kathmandu andG o d a r o f D h a n u s h a ,Chairperson expressed histhanks for the generous supportextended this time as well.

‘It is indeed  delightful  to learnthat the  Government of Finland has come forward  to  extend i t s c o l l a b o r a t i o n i nstrengthening  the NHRC through an agreement  coveringwide areas of human rights. It

is relevant to mention here thatForensic services facilitated byHelsinki University, Finland inpast years have been asignificant activity that pertainedto the transitional justicem e c h a n i s m , ’ s a i d t h e

Chairperson.

Expressing  good wishes to the representatives of the FinnishGovernment,  Chairperson confided that the agreement signed between  the NHRC-Nepal and  Government of Finland would  strengthen therelationships between thepeople  of Nepal and Finland.

On the occasion, NHRCSecretary Bishal Khanalhighlighted the objectives andthe rationale of the project  inrelation to protection andpromotion of human rights. Healso pointed out key activities

to be carried out under thesigned project. During theprogramme, Human RightsOfficer Shree Ram Adhikariwelcomed the Finish delegation.Before signing of the agreement,he had recalled the past support

extended by the FinnishGovernment to the NHRC. Healso explained about the needof project and importance of HReducation in Nepal through thisproject.

At the programme, expressingr e s p e c t t o w a r d s t h eindependence and autonomy ofthe Commission, Charge de’Affairs Pirkko-Liisa Kyostilasaid that she is delighted to haveextended the support instrengthening the NHRC.The agreement shall facilitateto he lp implement thecommitments  expressed by theGoN during the Universal

P e r i o d R e p o r t ( U P R )submission, human rightseducation in the schoolsparticularly in promotion ofchild rights education, humanrights programme  focused onthe security forces and to ensureeconomic and social rights ofthe senior citizens. As per the agreement, the childrights teaching manuals for theNepalese teachers shall bedeveloped in order to preventthe school drop outs therebytransforming the schools intocorporal punishment freeinstitutions. The teachingmanual is expected to enhancethe development in terms of theresponsibility and accountabilityof the education officers andteachers that would help themestablish child rights friendlyenvironment in the schools forall the children.

The Government of Finland hasbeen extending support to theStrengthening Capacity of theNat ional Human RightsCommission (SCNHRC) as wellas the support to investigate onthe incidents of human rightsviolations. At the agreementsigning programme, Memberduo Ram Nagina Singh andGauri Pradhan including theofficials of the Finland Embassyand NHRC were also present.

Agreement Inked between Finland and NHRC-NepalCollaboration Continues for HR Education

NHRC Secretary Bishal Khanal and Charge de’ Affairs Pirkko-LiisaKyostila of Finland shaking hands upon signing in the Agreement Paper

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Lali tpur: The NHRC incollaboration with the DalitDevelopment Foundation –Nepal conducted a workshopentitled 5th year of declarationof untouchability free nation andits implementation status tomark the 5th year of declarationo f t he na t i on f r ee o funtouchability and to analyzethe implementation status of thedeclaration. The programme waschaired by the NHRC MemberGuari Pradhan.

At the outset, the president ofDalit Development FoundationNepal shed light on theobjectives of the programme anddelivered the welcome speech.

Speaking as a chair, MemberGauri Pradhan stressed on theneed of implementation of theexisting laws that prohibit thecaste based discrimination. Healso emphasized that Dalitcomprises of more than 15percent of the total populationand this huge component ofpopulace is suffering from castebased discrimination which isalready prohibited by theexisting laws. Member Pradhanfurther elucidated that theNHRC focused on the civil andpolit ical rights upon itsformation and the issues relatedto economic, social and culturalrights drew less attention andpriority. Citing various exampleslike Bardia incident taken up bythe NHRC on the basis of soumoto cognizance, however,Member Pradhan said that issueof Dalits have been givenpriority by the Commission.

Minister for Local DevelopmentMs Urmila Aryal, as the guestof honor, shared her experiencesin combating against caste baseddiscrimination and committedto provide the funding for theupl i f tment of the Dal i tcommunity. Minister Aryal alsovowed to take up the legislationfor the formation of National

Dali t Commission. She,however, hinted that the processof enacting the law takesminimum of six months and sois the case with the legislationon NDC. She further committedto table the legislation duringher tenure.

Speaking at the programmeSudeep Pathak, former NHRCmember said that poverty andilliteracy as the root cause ofuntouchabi l i ty and a lsosuggested that the governments h o u l d b r i n g v a r i o u sprogrammes to open up theemployment opportunity,literacy and higher education forDalit community.

The representatives of thevarious poli t ical part iesincluding. Man Bahadur BK ofNepali Congress, Former NHRCMember Sud ip Pa tahk ,Chairperson of FEDO, DurgaSwob, Central Committeemember of CPN UML. JituGautam, Central Committeemembers duo of Madhesi JanaAdhikar Forum LoktantrikChandreswor Khatwe and MsKalawati Paswan, Member ofNational Dalit CommissionNirmal Deula made theirremarks as the guest speakerson the occasion.

Motilal Nepali presented theworkshop paper on theimplementation status of lawsrelated with non-discrimination.During his presentation, hethrew light on the Nepaleselegal mechanism that pertainedto anti-discrimination. He alsostressed on the activities andpolicies of the government tocombat the discrimination anduplift the dalit community.

Tek Tamata and Dr Vidhya NathKoirala stressed on the education,political participation of Dalits,social reconstruction, eradicationo f i n t r a - d a l i t c o n f l i c t ,implementation of the laws and

policies, the positive and negativeaspect of the law endingdiscrimination and untouchabilitylike timeframe to have complainte n t e r t a i n e d a g a i n s tdiscrimination, discriminationpunishable by law and protectionto witness etc.

At the programme, theparticipants stressed on the needof active involvement of NHRCfrom central to regional level inorder to raise the issue of non-discrimination. They alsostressed on the need to developmechanism to address the issuesof untouchability.

NHRC Secretary Khanalobserved on the need to havepractical approach towardsending the discrimination. In thecontext of untouchabilitydeclared as crime, he furtherstressed on the need of

implementation of such lawswithout any obliviousness.

The Nepalese legal system hasf o r b i d d e n t h e a c t o funtouchability and is punishableby law. The interim constitutionof Nepal has specified rightagainst discrimination on thebasis of caste and right againstexploitation on the basis of casteas the fundamental rights.Despite such provisions, the age-old practice of untouchabilityhas remained deep-rooted in thesociety.

The parliament revived after thePeoples Movement II haddeclared Nepal as untouchabilityFree State on June 4, 2006.Recently the parliament hasenacted the law to abolish thed i s c r i m i n a t i o n a n duntouchability by enacting thelaw on May 24, 2011.

NHRC marks Day against Untouchability

Continued from page 4

Minister, as the guest of honorbrought forth the current pictureof the Government initiative toe l im ina t e t he phys i ca lpunishment prepetuated on thechildren in the schhol of Nepal.Var ious gues t speakersexpressed their concern and putforward the possible remediesto minizing the corporalpunishment in the schools.

Expert Rajan Sharma, as theresource person, presented hispaper on the theme ‘Abuse andCorporal Punishment in theSchools - Our Role and FutureDest iny”. Sharma madecomprehensive presentation ofvarious aspects of child abuseand corporal punishment in theschools such as Global Initiativeto End All Corporal Punishment,pee r med ia t ion , soc io -psychological counseling, Learnwithout Fear Campaign,Teaching and learning withDignity etc.

Director Bed Bhattarai, in hisclosing remark, said that theNHRC will hold the regionallevel discussion in near futurethat would aim at developingthe booklet incorporating theconcerns raised during theprogramme. It is hoped that itwould be helpful in minimizingthe corporal punishment.

Moderated by the HR officerM a n j u K h a t i w a d a , t h eprogramme was participated bythe representatives from humanrights communities, civilsociety, non-governmentalorganizations, OHCHR anddonor agencies, representativesof the school organizations,representatives of the concernedministries from the governmentof Nepal , human r ightsdefenders, media persons,gua rd i ans a s soc i a t i ons ,r e p r e s e n t a t i v e s o f t h estakeholder organizations andagencies.

Solidarity to Sensitize Stakeholders...

e-Bulletin publication supported by SCNHRC Project

Jumla : Internalizing the veritythat human rights and goodgovernance are indispensable toeach other, a two day workshop

on ‘Human Rights and GoodGovernance’ was organized onJune 14, 2011 in Mid-west byThe NHRC Sub-RegionalOffice, Jumla.

The objective of the programmewas to establish human rightsculture through the promotionof human rights prioritizing theconcept of good governance ino r d e r f o r s w i f t a n duncomplicated service delivery.At the programme, Nar BahadurKarki, Director of GenesisManagement Training andResearch Center facilitated thesession of the Programme onthe theme including “Conceptof HR Based Development &the Formulation of Candid,Accountable and HR orientedPlan’ whereas Bir BahadurBudamagar, the NHRC sub-regional Head of Jumla threwlight on the “ HR Perspectiveon Good Governance .”Likewise, facilitating the sessionon “Issues of Good Governanceand their Remedies,” JitBahadur Shah, theDEO of Jumla madec o m p r e h e n s i v epresentation on thestipulated theme. A

total of 49 participants took partin the programme. They includeDilli Prasad Kafle – centralmember of Majdur Kisan Party,

Gajendra Mahat – District-in-charge and Padam Bhandari –Secretary of UCPN ( Maoists),Bal Bahadur Mahat – DistrictPresident of UML CPN,Dayadatta Hamal, - Districtsecretary of Nepali Congress,Rishiram Tiwari – CDO, JitBahadur Shah – DEO, BrishBahadur Shahi – Chief of PublicHealth Department, KamalaKhanal – Women DevelopmentOfficer, Major Narottam Poudel– Nepal Army, Inspector GaneshMan Shrestha - Nepal Police,Heads of Government offices,representatives of civil societyorganizations, human rightsworkers and media persons.

At the end of the programme,following the declaration ofgood faith, the participants ofthe programme expressed theircommitments to internalize theconcept of human rights andg o o d g o v e r n a n c e b o t htheoretically and practically aspreconditioned in human rights.

Stakeholders Internalize HR andGood Governance in Mid-West

Please send your feedback about the NHRCeBulletin to nhrc@nhrcnepal.org

8

Editors : Nawin Chandra Gurung, Bhanubhakta Acharya and Kailash Kumar Shiwakoti

National Human RightsCommissionHarihar Bhawan, Lalitpur.NepalPhone : 00977-1-5010015(Hunting Line)Fax : 00977-1-5547973, 5547976Email: nhrc@nhrcnepal.orgWebsite : http://www.nhrcnepal.org

Lalitpur: NHRC CommissionerGauri Pradhan has told theHuman Rights Council (HRC)that the state of impunity hasemerged as a major problem forthe society in Nepal. He alsoexpressed concern over the“unacceptably” long ditheringof the establ ishment oftransitional justice mechanisms.

Presenting NHRC's response tothe UPR Final Report submittedby the Government of Nepal onTuesday in HRC Geneva,Pradhan said, “The state ofimpunity has emerged as amenace for the society. Despite

commitments by larger politicalparties, years ago, the formationof Truth and ReconciliationCommission and DisappearanceCommission, for that NHRC hasalready recommended, areunaccep t ab ly de l ayed . ”

This situation, he said, impliedlycreate space for re-victimizationand widespread increase in theculture of impunity, as there isa fear of either lose, damage ordestroying evidence.

Pradhan also expressed concernthat the House has been delayingthe endorsement of the draft Billon NHRC, which could helpempower the commission. Hesaid that the commission andother rights defenders have beenworking together to ensure thatthe Bill on NHRC wouldcomply with the Paris Principles,the international standards setfor national human rights

institutions. “However we arestill unsure about the time forthe passage of Bill,” said he.

The NHRC commissionerexpressed dismay over the poori m p l e m e n t a t i o n o f i t srecommendations. “We expectstronger determination of thegovernment to maintain rule oflaw by effective implementationof laws and recommendationsof NHRC and National WomenCommiss ion re la t ing toprosecution and departmentalactions to the perpetrators ofhuman rights violation andviolence.” He, however, thanked

the government and Parliamentof Nepal for the passage of Billon Caste-based Discriminationand Untouchabi l i ty andratification of UN Conventionsagainst Corruption.

Stating that the country wasundergoing a very challengingpost-conflict transition, Pradhansaid Nepal also has theopportunities to address anumber of social justice andhuman rights related issuesregarding marginalized anddeprived groups followed bywomen, children, persons withdisabilities and minorities whichwere considered major causesbehind decade old conflict. “Then a t i o n a l h u m a n r i g h t sinstitutions expect strongdetermination of the governmentand other stakeholders includingConstituent Assembly towardthis end.”

Impunity has emerged asmenace: Member Gauri Pradhan

We expect stronger determination of thegovernment to maintain rule of law byeffective implementation of laws and

recommendations of NHRC and NationalWomen Commission relating to prosecutionand departmental actions to the perpetrators

of human rights violation and violence.

Participants taking a photograph during the programme entitled HRand Good Governance in Jumla district

News Courtesy: Kathmandu Post