discussion programs about various issues related to human rights. There are also plans to
implement various programs through the non-governmental organizations. With a view to
receiving cooperation and counsel from all concerned, the Commission has undertaken
discussions and deliberations with government bodies, journalists, lawyers, university teachers,
the dalit community and office bearers and scholars of various areas. The Commission has
adopted a policy of working together with such individuals on the issue of human rights.
6.2 Challenges:
6.2.1 Enabling and Capacity Building of the Commission:
As the Commission is in its initial stage, the Commission is facing various challenges in its
institutional development. As the Commission received only after a gap of nine months the
regulations it had framed and sent to the government for suggestions, it is still preparing to
recruit the personnel it needs on a permanent basis. However, as the budget provided by the
government is absolutely insufficient, it is next to impossible for the Commission to recruit the
required personnel. If the Commission does not get the required budget, this may lead to a
situation where the Commission cannot discharge its duties and responsibilities efficiently. The
indifference shown by the government towards the Commission in this context is having an
extremely negative impact on the institutional development of the Commission.
As the Human Rights Commission Act (1997) was presented in parliament as a private bill, the
financial provision in the bill is not binding. If the government does not provide the required
amount of money, it is clear that there will arise obstacles in the activities of the Commission.
Without the development of necessary coordination, understanding and institutional
cooperation between the Commission and the government, the Commission will be unable to
work in accordance with the feelings, expectations and challenges of the masses. This can have
a negative impact on its image. The Commission, even if it were provided with the number of
personnel it requires, lacks needed research and physical resources. The present physical
facilities are especially inadequate considering the necessity of a documentation centre, a court
room and a hall for seminars and interactions for the Commission. Given the increase in the
activities of the Commission, which can only extend and expand in the future, there is a need
for its own building.
6.2.2 Protection of Human Rights:
A democratic system is considered essential to guarantee human rights. Democracy and human
rights are complementary to each other. However, the expected change in the area of human
rights in Nepal has not happened, even though twelve years have elapsed following the
restoration of democracy in the country. The State has not appeared sufficiently sensitive and
responsible towards human rights. There have, time and again, been incidences of human rights
violations by the State. The State and its institutions have not appeared committed to a great
extent to the principle of the rule of law. There has been no change in the situation of the
absence of punishment for those violating human rights. Also, since the beginning of the Maoist
problem six years ago, the incidences of human rights violations arising out of the activities of
the State and the Maoists have been increasing rapidly. Everyone has to take heed of the fact
that such shortcomings in the adherence to human rights standards will have serious effects on
the quality of democracy itself. In this context, there is a challenge to make the State and its