NATIONAL HUMAN RIGHTS COMMISSION
of the Commission. There are even high officials of the government who lack a clear
understanding about the Commission. The government side harbours the notion that the
Commission only raises questions and makes suggestions on the violation of human rights
by the officials working in government bodies and it is not concerned about violations from
the Maoist side. The formation of the Commission was to look into the violation of human
rights by the government bodies and to make recommendations on the responsibilities of
the government to give a sense of human rights to the citizens. If any group or individual
other than the government does anything that violates human rights it comes under serious
crime to other activities against the law according to the nature of the work. It falls under
the state’s responsibility to take action against those individual or group to protect the
people’s rights. Therefore, the Commission does not look into controversies between
individuals, but looks into the violation of human rights by the bodies to take actions due to
its failure to fulfill its responsibility and makes necessary recommendations to the concerned
bodies. The related bodies should be clear about it. In the present situation of conflict, the
Commission has received complaints of the non-state party, calling itself a new regime, of
involving in murder, rape, kidnapping and other activities that violates human rights. Legally,
the Commission is in no situation of making recommendation, order or take action against
the non-state party. Still, the Commission is making all efforts on how to make the nonstate party responsible. That is why, because the responsible units are not clear about the
limit, area of authority and its reach, the commission has to face additional challenges in its
functioning.
7.2.10. Implementation of the decisions of the Commission
With the Commission carrying out investigations on the complaints it receives, and on the
basis of the reports of the investigation, it has asked for factual information and reactions.
But the failure of His Majesty’s Government and the related bodies to provide information
in a systematic manner makes it difficult for the Commission to make decisions on the
complaints and also to implement the decisions it has taken. During this period, the
Commission had written to the government through the Cabinet Secretariat to implement
its decision on several issues including Doramba and others. The government has only
partially implemented the decisions sent by the Commission, but on many other important
decisions, the implementation of the decisions has faced problems because the Commission
has not received timely information about their implementation. However, things can be
expected to improve after the responsibility of coordinating between different government
agencies regarding the implementation of the Commission’s decisions is given to the Human
Rights Promotion Centre under the Office of the Prime Minister and the Council of Ministers
of His Majesty’s Government.
7.2.11. Lack of cooperation from the concerned bodies
The Commission cannot function effectively without appropriate cooperation from the
government bodies and agencies. The Commission expects cooperation in areas such as
providing information and notices demanded by it as soon as possible, in unrestricted access
to jail and custody and detention centre for inspection and investigation and in implementing
its suggestions. There is involvement of the security forces in several cases of human rights
violation. Although getting information and access to the police forces is somewhat easier,
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