Nepal
The Advisory Council of Jurists recommends that:
1. While national security concerns are important to Nepal, they need to be balanced with
the human rights guarantees contained in the Constitution of Nepal, and international
treaties to which Nepal is a party, as well as the customary rules of international law
which bind all States.
2. The Terrorism Ordinance defines terrorist activities widely. Care must be taken that it is
not used to restrict freedom of opinion, expression and peaceful assembly or to target
vulnerable groups.
3. The legal ability to derogate from the rights contained in the Constitution of Nepal,
should be interpreted to give the fullest effect possible to the human rights guaranteed in
the Constitution and in light of the limits on derogation imposed by the ICCPR.
4. The constitutional requirement that a detainee be informed ‘as soon as may be’ of the
grounds of such arrest should be interpreted in light of the requirements set out in
Principle 10 of the Body of Principles on Detention.
5. In administering anti-terrorism measures that may apply to children, care must be taken to
ensure that the “best interests of the child” principle is a primary consideration.
New Zealand
The Advisory Council of Jurists observes and recommends that:
1. If children under 17 are charged with the new terrorism offences, the provisions of the
Children, Young Persons and Their Families Act 1989 will apply. As such, all of the
protections (pre, post and at trial) for children and young persons within the criminal
justice system contained in the Act will apply (as they would to children charged with
28