F. Laws are inconsistent with the human rights
norms and treaty reporting procedure is
weak.
A number of laws are still inconsistent with the norms
and values set by the Constitution, international
treaties and conventions. The State Case Act, Torture
Compensation Act and the recent amendment of
the Muluki Ain are only a few examples. Such
inconsistencies in the law have been affecting the
rights of the people to get justice.
G. Human rights awareness and education.
The Vienna Declaration and Programme of Action
(1993), which was agreed at the World Conference
on Human Rights, calls on States to eradicate
illiteracy and direct education towards the full
development of the human personality and the
strengthening of respect for human rights and
fundamental freedoms. It called on all States and
institutions to include human rights, humanitarian
law, democracy and rule of law as subjects in the
curricula of all learning institutions in formal and
non-formal settings.
There is a serious lack of awareness and education
on human rights at all levels. Human rights are not
taught in the schools; consequently most people are
not aware about their rights, the rights of other people,
and the means of protecting them. Many people,
including the highly educated, take the notion of
human rights as a foreign concept and not
applicable to Nepal. The authorities generally
demonstrate their apathy towards the issue. Human
rights are included in police and military training,
but the effectiveness needs to be enhanced to bring
about significant and more visible attitudinal and
behavioural changes among the police and army
cadres. Most importantly, training of civil servants
on human rights is not adequate, especially for
those who occupy positions involving quasijudicial functions. Likewise, political party leaders
and cadres are not aware of relationship between
good governance and human rights.
The Nepalese society is increasingly becoming
intolerant. People who believe in violence as an
effective means of resolving differences have created
a lasting scar on the nation as a whole. Emergence
of such groups has been to a great extent a result of
decades old cultural and structural violence ingrained
in the society. Unless and until the root issues are
addressed through human rights education and
awareness with special focus on the issues affecting
the marginalized and weaker groups of people,
there is a risk of renewed or new form of conflict.
H.
Impunity.
State authorities and non-state parties are often
involved in acts that violate law. The situation has
aggravated due to the conflict between the state and
the Maoists. Excessive use of force, arbitrary arrests,
illegal detention, torture, disappearance of citizens
and journalists by the state have become common.
Likewise, the Maoists are equally or more involved
in abduction, extortion, torture, killing and use of
human shields. The tendency of ignoring
the recommendations/instructions of National
Human Rights Commission by the state
authorities to investigate and take necessary legal
action against the alleged perpetrators is common.
Some authorities ignore even the orders of the
Supreme Court.
It is also found that the perpetrators are often
transferred or even awarded instead of making
them accountable for their wrongdoings. The
mindset that one can get away with deliberate
ignorance of court orders and thereby violate
human rights is strong and common among the
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