ANNUAL REPORT 2004 7.2.6. Massive internal displacement The protection of human rights of the thousands of people displaced by the conflict is a big challenge. The Commission has been stressing on a definition for the displaced person. It has also been calling for a study on a small scale of the field of those displaced and an institutional system to resolve the problem by the state. The conflict has displaced more than 15,000 people. Since programmes relating to their rehabilitation, family union and compensation have not been effectively implemented, the protection of human rights of these internally displaced persons poses a grave challenge. The task of protecting their human rights will be even more challenging should HMG, the donor community, NGOs and the civil society fail to provide sufficient cooperation and coordination to protect their fundamental rights, rehabilitate and create and environment for them to return. 7.2.7. Impunity The state has, during the state of emergency and mobilisation of the forces, created an environment of impunity by devaluing national as well as international commitments, acting above its accountability, refusing to investigate or take action against the guilty according to legal procedures, and refusing to take action on the complaints and evade penalty. This poses a challenge to the Commission. 7.2.8. Delay in signing on memorandum of understanding between OHCHR and His Majesty's Government The analyses made on the basis of the annual reports of the National Human Rights Commissions of the previous years finds that both the conflicting sides, the state and the Maoists, are not fulfilling the basic provisions of the international humanitarian laws as provisioned in the basic principles of human rights, the fundamental rights enshrined in the Constitution of the Kingdom of Nepal 2047, human rights mentioned in the international conventions related to human rights to which Nepal is a signatory, and the Common Article 3 of the Geneva Conventions. Both the conflicting sides are vying to outdo each other in the violation of the human rights in their areas. The Chairman’s Statement at the 60th session of the United Nations Human Rights Commission had expressed deep concerns on the deteriorating situation of human rights in Nepal and it had asked His Majesty’s Government to help the NHRC in monitoring the human rights situation by providing it technical and other assistances by signing a memorandum of understanding. But as the memorandum of understanding has not yet been signed, the NHRC has not received the expected assistance in the protection of human rights. 7.2.9. Ambiguity in government’s outlook towards the Commission Although increasing number of government bodies are aware of the Commission there are still some who take the commission as part of the government or in many situations put the commission in the rank of other non-governmental organizations. There are also some who raise questions about the utility of the formation of the commission and on its legal responsibilities.This lack of clarity often leads to raising questions on the very relevancy 79