ANNUAL REPORT 2004
access to the army is lacking. It is also difficult to find real and factual information because
of the attitude of shunning responsibility by pointing at another unit.There are even examples
of those bodies taking the incidents of human rights violations as something that is natural
in their attempt to control violence. It is a serious challenge before the Commission on
how to make those bodies responsible in the days to come.
The National Human Rights Commission can fulfill its responsibility of protecting human
rights effectively only if the government provides appropriate cooperation in protecting
human rights. Therefore, there is no second opinion that the people’s wish for lasting peace
in the present sensitive situation will take forward step only if the government becomes
sincere in honouring, protecting and preserving human rights. Despite its continuous efforts,
there are numerous examples of the Commission not getting the institutional respect
from the lowest level of the security organs because of misunderstandings.The Commission
has therefore taken it as a serious challenge.
7.2.12. Issues on making the non-state party responsible
Legally and practically, the state should take the responsibility of the excesses done by the
non-state party. It is a matter of serious concern on how to protect human rights in areas
where there is no presence of the state. It is also very important for the commission to
look to be independent and impartial in its conduct and activities so that there is no hindrance
to make its presence felt in all parts of the country. As in the past, incidents of the common
people, olds, children, pilgrims and passengers of bus being killed, kidnapped, maimed and
extorted from the non-state side have been reported. There should be honest
implementation of the commitments made to respect human rights and the people’s right
to live must not be infringed under any pretext. In this context, there is urgent need for
ideological and practical commitment from the CPN-Maoist. In such a situation, the
Commission faces a daunting challenge on what kind of and how to make relations with the
Maoists as part of its function and activities and how to make them responsible towards
human rights.
7.2.13. Absence of House of Representatives and local bodies
On 22 May 2002 His Majesty the King, on the recommendation of the Prime Minister,
dissolved the House of Representatives according to Article 53 (4) of the Constitution of
the Kingdom of Nepal 2047, with the date of the election for the new House of
Representatives fixed for 13 November 2002.After the dissolution, the human rights situation
faced more complications in the absence of the parliament.Then the Commission expressed
its point of view on the announcement of the countrywide state of emergency imposed by
His Majesty the King, on the recommendation of the prime minister, on 27 May 2002. Then
the meeting of the council of minister on 15 July 2002, decided not to extend the term of the
members of the local bodies, but to make a committee under local development officers to look
after the local bodies. The non-extension of the terms of the members of the local bodies, who
were elected five years ago, forced 3,913 VDCs, 58 municipalities and 75 district development
committees to remain without people’s representatives.
This made the situation more confusing. During the period of this report, the Commission
faced obstructions in its functioning due to the absence of the House of Representatives
81