6.3.6 No Clear-cut Governmental Concept on Commission The Commission is considered as a governmental commission by some people while as nongovernmental organisation by others. Owing to such misunderstanding, questions are being raised even on the justification of the Commission. These misunderstandings are found to grip the minds of higher authorities of His Majesty's Government too when they express: the Commission raises question on the violation of human rights perpetrated from the governmental side only but does not raise question when they are found to be violated by the Maoists' side. The Commission has been constituted with a view to guarantee the human rights at the time of human rights violation. That is why, its responsibility lies in recommending action to the Government if the human rights are violated from the governmental side. If the human rights are found to be violated by other parties, it is the responsibility of the government that it initiates proper action against such violation. Hence, the Commission does not look into the conflict that has arisen between individuals. Complaints have been received on human rights violation like assassination, rape and abduction from non-state force, but the Commission is not in a position to recommend or order to such forces. However, the Commission has undertaken efforts even to make the non-state forces responsible on such violation. The misunderstanding among the responsible agencies on the limitation, jurisdiction and access has remained as an extra challenge to the Commission. 6.3.7 No Cooperation Received from Concerned Agencies While collecting information on the violation of human rights, the governmental agencies, the army specially, were found to respond negatively, say, by shifting responsibility to other agencies or by responding: such violations may occur naturally while initiating action for stopping violence. And, thus, the challenge that the Commission faces is to create a cooperative environment with such agencies. 6.4 Positive Aspects of the Commission Despite such problems and challenges, the Commission has been successful to a large extent in carrying on its responsibilities towards the protection and promotion of human rights. They may be mentioned as: 1. 2. 3. In the context of providing training, the experiences gathered up by the Commission's authorities during their visit to Thailand, Philippines, India, and Sri Lanka etc. in this fiscal year have helped the Commission much in undertaking its activities. The Commission could launch certain significant activities because of the cooperation received from foreign agencies. The Capacity Development Project run under the Commission has contributed it much by providing physical facilities, which include computer too. The international relation of the Commission is increasing day by day. This year too, the Commission participated in the 7th annual meeting of Asia Pacific Forum organised at New Delhi as an active member. A consensus was developed for stopping the cross border trafficking of women and children. At the meeting, Nepal was elected to represent in the international coordination committee on behalf of the Forum and participated in the meeting of that committee too. The Chairperson of the Commission was provided opportunity to address the 59th meeting of Human Rights Commission of United Nations Organisation. Besides these, the eighth meeting of the Forum is being organised in Nepal. And these should be taken as positive aspects of the Commission. 26