The Advisory Council of Jurists recommends that: 1. While national security concerns are important to Nepal, they need to be balanced with the human rights guarantees contained in the Constitution of Nepal, and international treaties to which Nepal is a party, as well as the customary rules of international law which bind all States. 2. The Terrorism Ordinance defines terrorist activities widely. Care must be taken that it is not used to restrict freedom of opinion, expression and peaceful assembly or to target vulnerable groups. 3. The legal ability to derogate from the rights contained in the Constitution of Nepal should be interpreted to give the fullest effect possible to the human rights guaranteed in the Constitution and in light of the limits on derogation imposed by the ICCPR. 4. The constitutional requirement that a detainee be informed ‘as soon as may be’ of the grounds of such arrest should be interpreted in light of the requirements set out in Principle 10 of the Body of Principles on Detention. 5. In administering counter-terrorism measures that may apply to children, care must be taken to ensure that the “best interests of the child” principle is a primary consideration. New Zealand Of the human rights instruments most relevant to this reference, New Zealand is a party to the ICCPR,240 First Optional Protocol,241 Second Optional Protocol,242 CAT,243 CRC,244 CERD245 and the Refugee Convention.246. New Zealand does not have a written constitution but the New Zealand Bill of Rights Act 1991 (BORA) provides for a number of rights and freedoms 240 New Zealand ratified the ICCPR on 27 December 1978. New Zealand acceded to the First Optional Protocol on 26 August 1989. 242 New Zealand ratified the Second Optional Protocol on 11 July 1991. 243 New Zealand ratified the CAT on 9 December 1989. 244 New Zealand ratified the CRC on 6 April 1993. 245 New Zealand ratified the CERD on 22 November 1972. 246 New Zealand acceded to the Refugees Convention on 30 June 1960 and to the Refugees Protocol on 6 August 1973. 241 112