Part Two
ORGANISATION PROFILE AND HISTORY
T
he National Human Rights Commission
(NHRC) was established on 26 May 2000
(13 Jetha 2057) in accordance with the Human
Rights Commission Act, 1997. Since its inception,
the NHRC has been facing a range of challenges
typical to a new organization. A major challenge has
been the deteriorating human rights situation in the
country because of the conflict between the State
and the Maoists. A limited number of staff and
inadequate budget for its effective operation have
been two major obstacles. Notwithstanding these
constraints, the NHRC has undertaken a number
of initiatives to protect and promote human rights
of the people of Nepal, which is its statutorily defined
mandate. These activities are helping the NHRC to
progressively achieve what it has been set to do by
making its existence felt to the stakeholders. It has
established itself as an independent and credible
human rights institution.
There are milestones as well. In
the year 2000 (2057), the NHRC
introduced the Complaint
Handling and Compensation
Determination Regulation and
joined the Asia Pacific Forum of
National
Human
Rights
Institutions. In the summer of
2001 (Jestha 2058 BS), to take
an example, the NHRC
recommended His Majesty’s
Government to compensate the
families of each prisoner killed in Nepalgunj Prison
making the perpetrators responsible for the death
of the prisoners. The NHRC recommended His
Majesty’s Government to make individuals
accountable for the act of human rights violations
by requiring them to share the cost of compensation.
Since His Majesty’s Government paid the entire
compensation, the NHRC drew attention of the His
Majesty’s Government to the possibility that the act
of not making perpetrators accountable encourages
violation of human rights and that it is an improper
use of the public treasury. Another example is the
arrangement of public hearings in Butwal and
Lahan on the issue of a missing person and civil
disobedience by Chamars in protest of the
discrimination against them.
Lately, the Commission is seriously looking into the
incidents of violence against women on alleged
Selected Key Statutory Functions of NHRC
Protection and promotion of human rights as its primary responsibility by carrying out:
- Inquiries and investigations on HR violations;
- Visit, inspect and observe any authority, jail or any organization under His Majesty’s
Government and to submit necessary recommendations to His Majesty’s Government
on necessary reform;
- Review the constitutional and legislative provisions for enforcement of human rights
and make recommendations for effective implementation of such provisions;
- Recommend to His Majesty’s Government for effective implementation of the related
provisions of international treaties and instruments;
- Evaluate the existing human rights situation of the country;
- Recommend to His Majesty’s Government on reports to be submitted by Nepal to
treaty monitoring committees and give opinion on the reports prepared for submission
to the committee.
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