NATIONAL HUMAN RIGHTS COMMISSION
role. The ordinance relating to the “Terrorist Activities and Destructive (Control and
Punishment) Act”, promulgated by the King at the recommendation of the Council of
Ministers on 26 November 2001, adversely affected the people’s right to avail themselves
of human rights. Similarly, the Commission faced great difficulty in protecting and consolidating
human rights after the declaration of a state of emergency by the King on 27 November
2001 at the recommendation of the Council of Ministers.
In the midst of this extreme situation of the conflict, the mobilisation of the security forces
and the growing incidents of violence committed by the Maoists, the National Human
Rights Commission in co-partnership with the civil society did monitoring work in some
violence-affected districts to protect human rights and impose humanistic laws. In the course
of the monitoring work, it collected information on human rights violations by the state
and non-state parties and excesses committed such as killings, torture, rape and violation of
Common Article 3 of the Geneva Conventions. The excesses committed by the non-state
party in preventing the people from using territory and power were documented during
the monitoring period. Given the rising number of cases relating to disappearances by the
state and repetition of a chain of incidents relating to abduction, killings, torture and
destruction of public property by the Maoists, the task of protecting human rights poses a
serious challenge.
From the very inception, NHRC has been monitoring human rights in different parts of the
country in a bid to collect facts relating to human rights violation and encode them, and to
recommend and draw attention to the protection of human rights after analysing the
reports received. The Commission has been receiving important help from government
agencies, the army, police as well as from non-governmental organisations working in the
field of human rights, professional organisations, civil society and local communities in its
monitoring activities. During this report period, the Commission monitored the overall
human rights situation in 58 districts. The report that was prepared based on the facts
gathered, their study and analysis, has made various recommendations for the protection
of and adherence to humanistic laws. But the government has not shown itself to be serious
and has failed to take concrete steps. This has made the protection of human rights very
challenging.
7.2.3. Protection of Economic, Social and Cultural rights
The Commission has taken important initiatives to guarantee the people economic, social
and cultural rights as the guarantee of civil and political rights alone do not address the
people’s basic human rights. It is important that the economic, social and cultural rights are
guaranteed to address the main causes of the conflict - poverty, unemployment, social
disparity, disproportionate distribution of resources and materials - and to find a peaceful
way out. Since only through the combined efforts of the government, rebels, donors and
civil society can this materialise, the initiatives taken by the Commission to guarantee the
economic, social and cultural rights are just as challenging.
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