4. Search powers and detention under the Criminal Procedure Code should not be conducted
on persons under the age of 18 in accordance with the ‘best interests of the child’
principle expressed in Article 3 of the CRC.
Nepal
Nepal is a party to the ICCPR,232, First Optional Protocol,233 Second Optional Protocol,234
CAT,235 CRC236 and CERD.237 Nepal is not a party to the Refugees Convention.
Nepal has not ratified the following relevant Conventions on Terrorism:
•
Financing of Terrorism Convention;
•
Nuclear Material Convention;
•
Protocol to the Montreal Convention;
•
Maritime Navigation Convention;
•
Protocol to the Marine Navigation Convention; and
•
Plastic Explosives Convention.
Nepal has signed, but has not ratified, the Terrorist Bombings Convention. Nepal is a party
to SAARC.
The Constitution of Nepal 1990 provides for a number of rights and freedoms and procedural
safeguards. Some constitutional provisions can be derogated from in a state of emergency.
Relevant laws are:
•
National Civil Code (Muluki Ain);
•
Public Security Act 2046 (1989);
•
Some Public (Crime and Punishment Act) 2027 (1970);
232
Nepal ratified the ICCPR on 13 May 1991.
233
Nepal acceded to the First Optional Protocol on 14 August 1991.
234
Nepal acceded to the Second Optional Protocol on 4 June 1998.
235
Nepal ratified CAT on 13 May 1991.
236
Nepal ratified the CRC on 14 September 1990.
237
Nepal acceded to CERD on 30 January 1971.
109