Human Rights e-Newsletter National Human Rights Commission of

NHRC DAY SPECIAL

• Harihar Bhawan, Lalitpur, Nepal • Volume 7 • Issue 12 • June, 2012

12th Anniversary of the National Human Rights Commission Government Committed to Respect, Protect and Promote Human Rights: Prime Minister immediately work out for the establishment of the TRC and CoID.

The chairperson said 'Whatever the data of the past or the subsequent variation found in the present scenario may be, there hasn't been any substantive difference in the environment of human rights violations, killings, abduction and the feeling of insecurity.'

Continues on pg. 7

PM Dr. Baburam Bhattarai making the NHRC publication pubic at a function held on the occasion of Contents Page NHRC Day. Also seen are the UNDP Resident Representative Robert Piper, NHRC Chairperson Upadhyay, Chairperson of NGO Federation Dr. Nerta Timalsina and Chairperson of NWO Siekh Chand Tara respectively. Government Committed...... 1 Photo: Post Bahadur Thapa Common Efforts...... 2 alitpur: Prime Minister Dr. Baburam Lauding the work of the NHRC for the Role of Stakeholders...... 2 Bhattarai has said that the Nepal protection and promotion of human rights Police opens fire...... 3 LGovernment is fully committed to the in the country, he said that the government respect, protection and promotion of basic has been asking the concerned agencies to Proposed Landfill...... 3 rights of the general citizens guaranteed implement the NHRC recommendations NHRC Monitors...... 3 by the Interim constitution of Nepal -2007 exploiting all resources available. In this NHRC Urges...... 3 including the Universal regard, the government Declaration of Human has so far spent Attention drawn to...... 3 Rights (UDHR) 90 million rupees NHRC Staffs trained...... 4 and the spirit of the This year, a total of 583 within the financial Stakeholder...... 4 international human year 2067/68 while rights instruments. cases have been resolved implementing over 600 World Day against...... 5 by the NHRC and 143 were issues related to the Policy is Necessary...... 5 Addressing at a function relief and compensation Statement delivered...... 6 organized to mark the forwarded to the government. to the victims of human NHRC Felicitated...... 7 12th Anniversary of rights violations said, the National Human Ever since the establishment PM Bhattarai. Inter-Generation...... 8 Rights Commission, of the NHRC, 9,221 Monthly Status...... 8 PM Bhattarai said On the occasion, PM Interaction on...... 9 ‘We have been complaints have been filed, Bhattarai made public seriously working out of which 3,664 have been 9 thematic reports on NHRC Adopts...... 9 with various national human rights and the An Overview of...... 10 and international resolved. annual report on Child Journalists and HR...... 10 communities on Rights-2011. establishing the much Evicted Squatters...... 11 talked transitional Speaking on the Show Responsibility...... 11 justice mechanisms - Truth and Reconciliation occasion of the 12th Anniversary of the nteraction held on...... 11 Commission (TRC) and the Commission on NHRC, Chairperson Justice Kedar Nath Archiving of HR...... 12 Inquiry on Disappearances (CoID). Upadhyay urged the Government to Glimpses of ...... 12 In this issue...

www.nhrcnepal.org 1 15th International Anti Torture Day Common Efforts, Need of the Hour to Do Away with Torture: DPM Gachchedar Speaking at the program, Chairperson Justice Speaking at the program, the Chairperson of Kedar Nath Upadhyay said that the incidents Advocacy Forum Mandira Sharma expressed of torture won’t be stopped unless the society her anxiety over the sporadic incidents accepts them as crimes. of torture even after the Government has accepted torture as a punishable crime. He pointed out the necessity that the message has to go to every member in society that Adding that the act of eliminating torture torture is a punishable crime. should not depend upon the Article provisioned in the constitution only, she said At the program, Inspector General of Police, that emphasis must be given to the right Rabindra Pratap Shah informed that the police against torture enshrined in the constitution department has ‘human rights cell’ since long and its effective implementation. in order for preventing the possible human Deputy Prime Minister Bijay Kumar Gachchedar addressing a program held at rights violation from the side of the police. The Executive Director of Cevict, Jamuna NHRC on the occasion of 15th Int’l Anti Poudel elucidated that zero tolerance is the Torture Day ‘Nepal Police has never institutionalized only way out to prevent torture and such an Photo: Umesh Rana Magar torture. Instead, it has taken action against act should be treated as the criminal offences.

cacy police officers who have violated human alitpur: Deputy Prime Minister rights in the course of executing their policing Pointing out the necessity for psycho –social and Home Minister Bijay Kumar

o duties,’ he said. methodology for the rehabilitation of the LGachchedar has said that though victims of torture, she appealed to DPM the Interim Constitution of Nepal – 2007 Gachchdear, the chief guest of the program, has recognized torture as a punishable for the free distribution of medicines to the crime, the incidents of crimes are still Government is committed to victims of torture. sporadic. implementing the CAT to guarantee Nepali Congress Leader Gopal Man Shrestha

adv Speaking at a programme organized by the the human rights of people. said that torture is everywhere in Nepali NHRC to observe the 15th Year Against society be it psychological or physical. “Jails Torture Day, DPM Gachhadar expressed & should be rehabilitation centres, however commitment to guarantee human rights the overcrowded jails are torturing inmates of the people and work towards making Chairperson of Informal Sector Service Center further with poor facilities,” Shrestha said torture a criminal offence. (INSEC), Subodh Pyakurel said that it is not adding, “Population has increased so has good to point the finger at the state only for crime. However Jails are the same as they es DPM Gachchdear comfirmed that Anti making the country torture free. The citizen were 50 years ago.’ Torture Bill would be tabled in the also should bear the responsibility in this parliament anytime soon. He, however, regard, Mr. Pyakurel stressed. The function was organized in collaboration urged that torture as a menace in society with National Women’s Commission, can be stopped only when the common “Thousands of people are suffering from National Dalit Commission, Nepal Police efforts are inculcated from the side of all. psychological problems due to the torture (Human Rights Cell) and other human rights ogu of one kind or another meted out to them. organizations including Advocacy Forum, He, expressing his solidarity, said So, transformation is needed in the sector of CWIN Nepal, CVICT, CAHURAST, INSEC, that the government is committed to education, health and security to break the INHURED International, FOHRID, HURON, implementing the CAT to guarantee the existing tradition of torture,” he said. HURFON, WOREC, PPR Nepal. This year's human rights of people. slogan is Criminalize Torture, End Impunity. dial Role of Stakeholders in Torture Prevention Stressed: Criminalizing Torture Hauls Priority

aski: A one day interaction program police chief Sailesh Thapa Chhetri stressed days in the barracks during which she faced entitled the Role of Stakeholders on bringing changes in social and traditional despicable torture. She still suffers from Kin Torture Prevention concluded in cultures in order to prevent culture of torture. denial of justice and compensation. on July 27, 2012 which was jointly Having the human rights cell instituted in the organized by NHRC Western Regional department, there is no such policy for the Speaking on the occasion, senior human Office, INSEC and Advocacy Forum on police personnel to indulge themselves in right defenders Teknath Baral, District the occasion of the 15th International Day torture, he informed. Bar Association Chairperson Kamal Aryal, in Support of Torture Victims. Coordinator of Network for Peace Surendra Likewise, district attorney Khadka Bahadur Thapa Magar, Battalion Chief of Armed Shedding light on the objective of the KC said that stakeholders must register petition Police Shambhu Upreti, Conflict Victim program, regional coordinator of Advocacy on cases after duly identifying the facts. He Manumaya Chhetri, Krishna Dhungana, Forum, Sarala Pandey said that the also said that the rights seekers should take Krishna Prasad Adhikari, DSP Yagabinod stakeholders should take proactive initiative care of their duties as well. Pokhrel and media persons Govind Subedi, for the relief, rehabilitation, compensation Purna Ghimire, Kamal Subedi stressed on and justice of torture victims. Similarly, conflict victim Krishna Kumari criminalizing torture. Gurung said that during the armed conflict Speaking on the occasion, she was detained by Nepal Army for 45

2 www.nhrcnepal.org Police opens fire at Civilians: Monitoring conducted

orang: The NHRC Regional Office, opened fire resulting in injury to a woman, hospital and the alleged perpetrator are Biratnagar has monitored the human Sarita Limbu and a child, Dipak Batar. suspended from the duty following the Mrights situation following an incident internal investigation from the District in which the police were said to have opened In course of monitoring, therefore, the team Police Office. The NHRC, Regional fire at the civilians at Kakadvitta, Jhapa. The met with the APO In-charge, the injured Office has been keeping its vigil on the news of the incident was published in various persons, local residents and Armed Police actions to be taken by the government. local newspapers. According to the news Force (APF) Officer based in Kakadvitta. source, the police personnel from Area Police The team found that the injured persons had Office (APO), Kakadvitta had indiscriminately returned home after receiving treatment in

Proposed Landfill Site Monitored in Morang orang: A mission from the National be constructed by the Nepal Government met with the local people, government Human Rights Commission, of Morang District. Upon receiving the authorities and the project implementation MRegional Office, and Biratnagar complaints alleging that the land field site officials to gather information on the visited the proposed landfill site in various would violate human rights of indigenous issues of right to health, sanitation and Village Development Committees (VDCs) to and local community, the monitoring team environment. The monitoring is underway.

NHRC Monitors the Situation of Fire Victims of Siraha N anakpur: The NHRC has deployed a three member O monitoring mission including Buddha Narayan Sahani J- Chief of NHRC Regional Office, Janakpur, Officers- duo Kailash Kumar Siwakoti and Jivan Neapane for follow up monitoring on the incident of fire that broke out at Aurahai, Siraha. Team took to the incident spot and carried out monitoring on the aftermath situation of fire that gutted down several houses leaving 461 families homeless on June

16, 2012. TECTI

In course of its action, therefore, the team met with the members O of committee of fire-victim, local police, representatives of the non-government organization and victims and collected the information about the relief including food, shelter, and necessary medicines to be provided to the victims. During PR the monitoring team has collected the information through interaction, discourse and personal conversation Victims of fire at Siraha placing their problem before the NHRC monitoring team.

Photo: NHRC Janakpur Office NHRC Urges Release of Nepalese Held Captive in Afghanistan alitpur: The media reports on Nepalese Commission to find out and tell the truth also appealed to the Afghanistan Human held in captivity in an Afghan city with regard to captives for about one and Rights Body to create appropriate LBagram has drawn the NHRC's half month in a guest house in Afghanistan. environment for the safe return of the 10 attention. NHRC has, therefore, corresponded Nepalese who were reported to have been to the Afghanistan Independent Human Rights Following the media reports, NHRC has taken hostage at a guest house in Bagram City of Afghanistan.

Attention drawn to Disable Friendly Footpath alitpur: While the road expansion Valley Town Development Authority the Rights of Persons with Disabilities drive is in full swing in Kathmandu (KVTDA), Kathmandu Metropolis KMC), (UNCRPD), to which Nepal is a party, LValley, the NHRC has corresponded Lalitpur Sub-Metropolis and Bhaktapur and the Protection and Welfare of the to the stakeholder authorities drawing Municipality have been written to respect Disabled Persons Act, 2039 (1982), their attention towards building the disable and take into account the rights of persons NHRC has called on the authorities to friendly infrastructures including the footpath with disabilities while constructing raise the footpath for the easy access (Sidewalk). infrastructures of public use. available to the persons with disabilities including the users of wheelchair and Stakeholders, including the Kathmandu Citing the United Nations Convention on white cane.

www.nhrcnepal.org 3 NHRC Staffs trained on Financial Management avre: The National Human participatory Rights Commission conducted method was Kcomprehensive Financial a d o p t e d Management Training for its staff from during the 2 to 4 June 2012 in which twenty seven entire training Senior Officers and Administration & program in Finance Staff took part. The three day which all the training was first of its kind organized participants pro by NHRC and supported by SCNHRC actively took Project following recommendations made part. by audit teams in the past to address gaps in the financial management within the The majority of office. the participants perceived their The objective and the rationale of the i m m e d i a t e training was to enhance the capacity of expectation as the incumbents on financial management, a refresher for to orient admin / finance staff on the enrichment of NHRC Senior officers and Admin/Finance Staff participating in a training held prevailing government laws and practices their knowledge on Financial Management System relating to procurement, tax and VAT, in related field. to share the best practices and provide Photo: Umesh Rana Magar guidance to increase the efficiency and Citing the effectiveness of administrative and t r a i n i n g financial tasks of the organization, to program as the first of its kind, most support them to contemplate the challenge

N share audit issues, requirements and participants opined in unison that the training in financial management system. The timely reporting of financial expenditures was very much reinvigorating as well as participants unanimously suggested that the program as such should be conducted on O vis-à-vis implementation of programme rejuvenating in the related field. A few activities. participants, however, came up with the view regular basis. that assessment of the participants need to be

TI The training was held by way of training done at the time of planning. The training was supported by UNDP kits containing standard framework of Strengthening the Capacity of National Human Rights Commission Project. O guidelines, best practiced systems, case They also adjudged the methodology taught studies and multi- media presentation. The in the program as an instrument that would M

O Training held on Monitoring and Investigation Report Writing and Leadership Development in West PR respective staffs and hence encourage them to work more effectively than ever.

Mr. Bikal Kumar Sherchan (National Leadership Development Centre, Kathmandu) and Mr. KishanGurung were the resource persons of the training. Mr. Sherchan facilitated the sessions related to leadership development of both organization and individuals whereas Mr. Gurung focused more on Proposal and Report Writing Session. The opening and closing ceremony completed in a formal ceremony chaired by Mr. Yagya Prasad Adhikari, Director of NHRC regional office Pokhara.

According to the participants, the two day training was effective and useful. They Participants and the resorce persons taking a group photo after attending a training entitled proposal, report writing and leadership development held in Pokhara, Kaski district mentioned that this type of training is very helpful to build capacity and skill for each Photo: Regional Office, Pokhara and every staff who are interested and involved in human rights issues. Participants also mentioned that the discussion regarding aski: NHRC Regional active participants of the trainees, the training arts and skill in proposal and report writing Office,Pokhara organized training session lasted for two days as planned. together with its worldwide practices would Kon proposal and report writing further enhance the individual skill of each training for its staffs, interns and the The main objective of the training was to professional. representatives from government, non- enhance the capacity of respective staff' governmental organizations and civil members in order to make their daily work 30 participants proactively took part in the society sectors as per the work plan laid much easier. It was envisioned that this type training. out in the NHRC strategic plan. With the of training would build the overall capacity of

4 www.nhrcnepal.org World Day against Child Labor Observed: Joint Collaboration against Child Labor Stressed

In this concern, he commended the concerted Employment Mr. Krishna Dawadi efforts of former CA Member Shanta illustrated that children are used in Chaudhari to protect the rights of Kamalari. household chores in the families.. He revealed that the government would be At the program, ILO Country Director, Mr. formulating a master plan in order to Jose Assalino shared the status of the child eliminate the child labor by the end of laborers in Nepal and indicated economic the year 2016. development as the key factor to reduce the child labor. He also added that the government At the program Mr. Chij Kumar Shrestha alone cannot control the booming child labor , Country Director of World Education unless it coordinates and collaborates with all shared his experiences in eradicating child the concerned stakeholders for such holistic labor through the means of education. mission. Senior journalist Kunda Dikshit delivered his welcome remarks on the occasion. NHRC Chairperson Upadhaya giving signature Similarly, another speaker Ms. Shanta Participating journalists posed their against child labour at a program held at NHRC Chaudary, social activist and former CA queries during the program. Responding Photo: Shree Ram Adhikari Member, who had spent ten years of her life to one query, Member Pradhan said that as a Kamlari, provided a clear overview of using of children in media for the best the situation of Kamlari in Nepal. She also interest of the child sometimes is not alitpur: The NHRC Member Gauri shed light on humiliation she had to face as considered as the violation of child rights. Pradhan has said that the world Day being an illiterate CA member. She flayed the Lagainst Child Labour is the day to political parties and leaders for not letting the Towards the end of the program, along N analyze the achievements and review the marginalized and disadvantaged communities with other speakers and participants, challenges of the past year and also to make mainstream in the development. Member Pradhan participated in the O new roadmap to fight against child labor. signature campaign against child labor. UNICEF Deputy Representative Dr. Will Parks Addressing the program organized to mark the said that child labor affects children physically, Program was jointly organized by NHRC, TI Day, member Pradhan said that the outcome mentally and prevent them to enjoy their child ILO, UNICEF, World Education and was not as per expectation to combat against rights. He added that media has an important Government of Nepal. O child labor. The achievements are made in and effective role to bring about the view in diminishing the worst form of child labor to considering the issue of child labor. He drew In another program, NHRC Chairperson M certain extent, however. attention of all institutions and organizations to Justice Kedar Nath Upadhyay and

work in collaboration and coordination to stop Commissioners Ram Nagina Singh also O He urged the Government and all stakeholders child labor. provided their signatures on campaign to formulate transparent policy and to launch against child labor at NHRC on the occasion. joint collaboration to control the child labor. Joint Secretary of Ministry of Labor and PR

Policy is Necessary for Alternative Care of Children: Gauri Pradhan

alitpur: 'If we protect the child today, Reminiscing his past involvement in Member Pradhan remarked that all of the child will be the protector for us child rights protection through CWIN, the presentations have equal weight and Ltomorrow,' NHRC Commissioner Member Pradahn said that reintegration and importance facilitating the complete Gauri Pradhan said this while leading the reunification of the child in family and society picture of the alternative care of children second plenary session of the program was the alternative care of children. He urged that would help the concerned to formulate on policy dialogue on alternative care of the government agencies and all stakeholders policy relating the alternative care of the children. for formulating the prototype policy related children. to alternative care of the children. Commending the work of Save the Children During the program participants at Kailali and Achcham, Member Pradhan During the second plenary session Dilli from NGOs, INGOs, Child Clubs, pointed out that Village Child Protection Guragain (Save the Children), Shree Shankar Academicians, Students, Government Committee (VCPC) is one of the effective Pradhanang (SOS Children Village), Nawajeet Staffs and other members of the civil mechanisms to cognize the local agencies Karmachrya (TDS), Biswa Khadaka (Maity societies raised their queries and concerns. about the alternative care of children. Nepal), Tarak Dhital (CWIN) presented the papers on child rights governance and child The two day program was jointly He urged the government to recruit child rights protection, family strengthening and family organized by the Central Child Welfare officer from the government budget in all 75 based alternative care, ensuring quality Board, UNICEF, Save the Children and districts. He also requested all child care homes institutional residential care and alternative SOS Children Village. to give special attention to the girl children. care for girls at risk respectively.

www.nhrcnepal.org 5 Statement delivered by Hon. Chairperson Justice Kedar Nath Upadhyay

The National Human Rights Commission is celebrating its 12h obliviousness to take legal action against the accused as per the Anniversary today. On this occasion, I heartily welcome Rt. NHRC recommendations. On the one hand, this has encouraged Hon. Prime Minister including all our guests to the celebration the small arms trade to flourish in the country in an illicit and organized to mark the Day. unseen way. On the other hand, the incident of killing of a Very Important Person (VIP) in broad day light has become simply Established amidst the conflict period, the responsibilities of possible. The brutal killing of Hon. Justice of the Supreme Court the Commission have remained full of challenges since the is just one example only. At times, the nexus between the police very beginning as is known by all. The compliant registration and the criminals together with the criminals being more in remained dormant in the beginning due to the fear of vengeance action than the Police Administration seem to have made the Law from both the conflicting parities viz. Maoists and the State. and Order and the Administration acutely helpless. I urge your Subsequently, the number of complaints against human rights Excellency to keep the above in pinnacle and take appropriate step violations and abuses perceptibly increased after the landmark to safeguard the environment of the protection and promotion of signing of Comprehensive Peace Accord (CPA). Nonetheless, human rights in the country. there has been unprecedented decline in the number of complaints within the past 2 to 3 years. There were 353 complaints lodged The Commission is well aware about the efforts made by the on human rights violations beginning Baisakh 2068 ( May, Government in making the constitution and availing momentum 2011) till the end of last Chaitra ( April, 2012) while 109 for peace process. The drafting the statute through the Constituent monitoring and 286 investigations have been accomplished. Assembly and the contentious issues emerged thereof was During this period over 583 complaints have been finalized. Of perceptible and natural. However, the failure to reach the political these, recommendation on 143 complaints have been sent to the consensus to resolve these problems eventually leading to the Government of Nepal. dissolution of the Constituent Assembly is indeed unfortunate. We are at the crossroads and bewildered by the lagging of the Since the establishment of the Commission, over all among 9,221 major political parties including entire political circle to sketch the complaints registered at the Commission, the decisions have been common mapping against such unpredicted result. Such a situation dispensed and finalized on 3, 664 complaints. Some of these is very challenging for human rights. I, therefore, request your include the policy recommendations to the Government of Nepal Excellency to take an initiative to give an end to such impasse (GoN) whereas some pertain to the case based recommendations. as soon as possible. Until recently, the number of recommendations comprising the The CPA has been a blueprint for both reaches 817 in total. Similarly, in peace, security and transitional justice addition to the complaint handling and th in the country. As is known, the recommendations, the Commission 12 Anniversary of NHRC monitoring on whether or not the above has accomplished 1, 439 monitoring is implemented has been bestowed missions and 1, 635 investigations for upon the Commission. Accordingly, the last twelve years. the Commission has been making the monitoring reports public from time Apart from the complaint handling, investigation, decision- to time. Although, there have been some positive efforts made making as well as recommendations, the Commission has been towards transitional justice leading to conflict transformation and conducting various nature of activities in the field of promotion peace process, there has been delay in the formation of the Truth of human rights including the awareness raising programs on and Reconciliation Commission (TRC) and Commission on the human rights. The Commission has accomplished 777 different Inquiry of Disappeared (CID). Problems of addressing the seized natures of promotional activities whereas it has facilitated its proprieties to be handed over to the rightful owners and the spine collaboration and participation in 781 programs organized by chilling problems of displaced persons and the conflict victims the governmental and non-governmental organizations. have altogether remained unresolved as yet. Instead, sidelining all these problems, the political parties have enjoyed their 'power' in The Commission has been issuing press releases on the issues the Government one after another after the People's Movement. related to the public concern and the enjoyment and protection Not to mention, the Government in power has time and again of human rights from time to time. The Commission has so far declared martyrs without any set standard or base and pronounced issued 288 press releases. In a nutshell, aforementioned are the the compensation in the name of Martyrs' families prioritizing it ones accomplished by the Commission for the last twelve years. on the basis of access or congeniality to the respective political Any one willing to have the detailed information with regard to party. Since, such an act is outright discriminatory and against the NHRC activities can obtain it from the concerned department the norms and values of human rights, there needs to be the of the Commission. adoption of legal provision for this. I would also urge for the absolute transparency with regard to the standard to be laid out Whatever the data of the past or the subsequent variation found in this regard. in the present scenario may be, there hasn't been any substantive difference in the environment of human rights violations, Last but certainly not the least, it is discernible that the Commission killings, abduction and the feeling of insecurity. Needless to is concerned over the implementation of the commitments made say, human rights violations were perpetuated optimum from by Nepal to the international human rights instruments and the the side of the State followed by the CPN (Maoists) in the past. National Human Rights Action Plan (NHRAP) for human rights In the present scenario, the cadres associated with political of the Nepalese people. There are still many issues and concerns parties and the person or the groups linked with crime world raised by the different state parties during the review of the are found to be involved in the incidents of crime. The main Universal Periodic Review Report submitted to the UN Human reason behind such uncontrolled crimes are the continuity of the Rights Council that remain unaddressed by the Government. deep rooted culture of impunity beginning the conflict period, Enactment of National Human Rights Commission Act-2068 and withdrawals of cases against the accused by the Government and the Act for Ending Untouchability and Racial Discrimination-2068

6 www.nhrcnepal.org are some of the commitments fulfilled among many issues that the Government had expressed commitment for the Before concluding the remarks, I would like to extend my heartfelt implementation. I would like to draw the attention of the GoN thanks to Rt. Honorable Prime Minster and other distinguished to the issues like gender justice, transitional justice, torture, guests for attending this programme despite busy schedule and enforced disappearance, extra-judicial killing, state of impunity also expect such cooperation in future as well. to which government hasn't fulfilled its commitment. At the same time I would humbly urge your Excellency for the prompt and resolute implementation of the NHRAP. Thank you!

Continued from pg. 1 Government Committed to... The main reason behind such uncontrolled have altogether remained unresolved as yet. Delivering the welcome speech, NHRC crimes are the continuity of the deep Instead, sidelining all these problems, the secretary Khanal said that at times the activities rooted culture of impunity beginning political parties have enjoyed their 'power' of the Commission literally gets stagnant with the conflict period, withdrawals of cases in the Government one after another after the only 35 percent of the total work force. against the accused by the Government and People's Movement. obliviousness to take legal action against the He also drew the attention of the Government accused as per the NHRC recommendations, Speaking on the occasion, UN Resident and towards inadequate space availability in the the Chairperson reiterated. Humanitarian Coordinator Robert Piper said existing building and the infrastructures that that the departure of OHCHR over recent are not disabled and senior citizens friendly. Slamming the government for offering clemency months has placed additional burdens and to some of the wartime criminals, the Chairperson expectations on the Commission’s shoulders. On the occasion the Chairperson of the NGO said that such a tendency has gladden politically Federation Dr. Netra Timlasina and the protected criminals. This is the reason why a 'Today, at a crucial time in Nepal’s transition Chairperson of the Women’s' Commission High Profile Individual is being killed in broad and with the added burden of OHCHR’s Seikh Chand Tara also delivered their speeches. daylight. departure, the Commission is operating with barely 35% of its staff in place. This year, a total of 583 cases have been He added that problems of addressing the These perennial staffing problems of the resolved by the NHRC and 143 were seized proprieties to be handed over to the Commission need to be resolved once and forwarded to the government. Ever since rightful owners and the spine chilling problems for all, Mr. Piper urged. the establishment of the NHRC, 9,221 of displaced persons and the conflict victims complaints have been filed, out of which 3,664 have been resolved. NHRC Awarded Ghimire and Jha with Dayaram Memorial Human Rights Honor

Mrs. Durga Ghimire, the HR activist receiving the Dayaram Memorial Human Rights Activist Chandra Kishore Jha being felicitated by Human Rights Honour from Prime Minister Dr. Baburam Bhattari at Prime Minister Dr. Baburam Bhattarai at a function organized at a function held on the occasion of NHRC Day NHRC on the occasion of the 12th Anniversary of the NHRC Photo: Post Bahadur Thapa alitpur: NHRC felicitated human field for a long time whereas Chandra Hospital on March 28, 2006. rights activists Durga Ghimire of Kishor Jha is a freelance journalist in the LABC -Nepal and Chandra Kishore field of human rights, social justice and 'Late Dayaram Pariyar Human Rights Jha with the Dayaram Pariyar Memorial social inclusiveness. Honor' has been established from this Human Rights Honor – 2012 amidst a year onward to honor the person or Late Pariyar, an employee of the NHRC, function held to mark the 12th NHRC Day. institution for their contribution made in was shot by the police in Janakpurdham the protection and promotion of human Ms. Durga Ghimire, the Chairperson of on March 24, 2006 while discharging rights in the country. ABC-Nepal has been associated with his duties. He breathed his last while human rights and social development receiving treatment at TU Teaching

The Anniversary of NHRC falls on May 26th every year. The Day was marked in June this year due to unavoidable circumstances.

www.nhrcnepal.org 7 World Elder Abuse Awareness Day 'Inter-Generation Dialogue' Essential: Chairperson allowance at some VDCs level has to be stopped, he stressed.

The participant of the program Parthiweswar Prasad Timilsina said the as the number of elderly citizens are growing day by day, the burden of economic and social problems is also on the rise. Government ought to bring the plan-wise program in order to curb this problem.

Ganesh B.K. of Human Rights Alliance said the senior citizens are the living history from whom the nation can gain many things through their experience and knowledge.

At the program, Bijay Bahadur Swar of National Federation of Transport Business said that the transport system of our country is not senior citizens friendly towards which cacy NHRC Commissioner Ram Nagina Singh, Former NHRC Member Gauri Shanker Lal Das, NHRC Secretary Bishal Khanal and Kamala Parajuli, the Chairperson of ‘Sankalp Nepal’ among we got to brainstorm to give them some relief others at a program held at NHRC on the occasion of the World Elder Abuse Awareness Day while traveling. o Photo: Umesh Rana Magar Adding that the discount rate in travel far is not yet provided to the senior citizens, he alitpur: NHRC Chairperson Justice members. They may land up in geriatric said that the concerned stakeholders can have Kedar Nath Upadhya has said that homes for shelters,” said Ram Nagina Singh. discussion on this to reach the solution any Lit would be essential to start an time. adv inter-generation dialogue in order to “The government has made several efforts protect the rights of the senior citizens. with respect to the problems facing the During the program Kamala Parajuli, elderly, but has failed to implement them Chairperson of 'Sankalp Nepal', Ambika K.C, & Addressing a workshop program on effectively,” said Member Singh. He added General Secretary of National Senior Citizens the occasion of World Elder Abuse that strong legal provisions are needed to Federation. Manohar Upreti of 'Aging Nepal", Awareness Day, the Chairperson said that punish those who abuse senior citizens. Master' Krishna Murari Gautam 'Chattyang the inter-generation dialogue is necessary Master' delivered their speeches throwing es due to the emerging cleavage between the The Former NHRC Member Gauri Shanker light on the problems faced by the senior new generation and the elder generation Lal Das said that the elderly citizens are citizens and the possible solutions. resulting in various problems on the part facing the problem of discrimination in the of the elder generations. family but they hide such occurrences due to The World Health Organisation says abuse the prestige of the family . of the elderly is a problem that exists in The Chairperson added that the senior both developing and developed countries ogu citizens have been facing various social The Chairperson of Informal Sector Service but is typically underreported. Around four and economical stress emerged in Center (INSEC) Subodh Pyakurel said to six per cent of the elderly experience some society. It is the social obligation of all, that the geriatric homes should be treated form of maltreatment at home, it said. The therefore, to render their support with as the knowledge center. He also added organisation further said maltreatment of sincere propensity to help them get rid that the school level curriculum should senior citizens will become more pervasive of such problems so that they can lead be incorporated with the lesson on senior in many countries as the population ages. comfortable life in society. citizens so that the new generations would dial know what an old age is. Status Report on Elderly People in Nepal on On the occasion, NHRC Commissioner Health, Nutrition and Social Status -2010, Ram Nagina Singh said that the prevalent The joint Secretary of the Ministry for conducted by the Geriatric Centre Nepal, Act with regard to the senior citizens is women and Children , Surya Prasad Shrestha stated that most senior citizens in Nepal live incomplete and these acts must be made said that though the senior citizen allowance with lifelong poverty, deprivation, poor access rights-oriented without any resrevaion. is entitled after the person attains the age to health care and inadequate diet. Although of 60, the allowance is given only when the the state provides Rs 500 per month to senior “The elderly citizens are compelled to person attains the age of 70 which is unfair. citizens as social security allowance, it is not lead an abandoned and a lonely life as a enough for the elderly to maintain their life result of misunderstanding among family The trend of embezzling the senior citizen standards.

Monthly Status The National Human Rights Commission, in course of its action, has finalized a number of cases including 19 cases on ICCPR and 3 disappearance cases in the of the NHRC month of June, 2012. Similarly, 2 Cases on ICCPR and 1 Case on Convention Decisions against Torture ( CAT) have been dismissed while recommendations have been (June, 2012) sent on 13 cases on ICCPR, 5 cases on CAT and 12 cases of Disappearances this past month.

8 www.nhrcnepal.org World Elder Abuse Awareness Day Interaction on Rights of Senior Citizens Held in West

views while Human Rights Officer Badri of the senior citizen allowance, but due Prasad Subedi presented the paper during to the unavailability of the citizenship, the program. many senior citizens are deprived of this provision. It was revealed that at some The sole objective of the program was to VDCs the senior citizen allowance was bring about the mass awareness about the embezzled by their own kin. rights of the senior citizens, to draw attention of the stakeholder agencies towards the Participants also stressed strongly on the situation of the rights of senior citizens, implementation of the Senior Citizens Act to build coordination and collaboration -2063. In addition, it was also discussed among the stakeholder agencies and for the that the senior citizens should be provided implementation of the senior citizens Act with the discount facility or exemption on Participants at a program held at Pokhara 2063. travel fare. on the occasion of the World Elder Abuse Awareness Day During the program, comprehensive Photo: Regional Office, Pokhara discussions were held on the protection of the rights of the senior citizens and their social aski: Coinciding the World security. The participants unanimously Elderly Abuse Awareness Day, the opined that such a program was a rare cacy KNHRC Regional Office Pokhara happening in the region which is a positive organized a program entitling the "Present step that would indeed evoke the conscience Situation of the Senior Citizens and of the concerned government agencies to o the Challenges They are Facing." The evolve the program framework. program was held in collaboration with the Senior Citizens Concern Committee The participants mainly focused on the ( Kaski ), Natural and Social Development problems faced by the senior citizens. It was News in the vernacular dailies published Committee ( Kaski ) and Radio Sarangkot revealed during the program that the senior on the occasion of the World Elder Abuse on June 15, 2012. The Chief District Officer citizens have been facing the problems of Awareness Day in Pokhara adv Mr. Chet Nath Bhattarai was the chief guest helplessness, loneliness, disease, mental and Photo: Regional Office, Pokhara

of the program. economical stress including the physical and & mental ill-treatment perpetuated on them by At the program, Krishna Prasad Baral, their near and dear ones. Above all, since the senior citizens are Coordinator of the Senior Citizens Concern the bank of knowledge, they should be Committee of western region, senior citizen Elderly citizens have also been suffering at least kept away from ill-treatment, the Tek Nath Baral, Basanta Prasad Parajuli from the household economic burden as the participants concluded their views. es of Geriatric Home, Professor Raghu Nath younger generations used to be away from Adhikari of Prithvi Narayan Campus, Ram home for want of employment. A few of At the program, among the total 61 Prasad Subedi, Coordinator of Human Rights them were found to be abandoned so that the participants, 16 of them comprised the Alliance of Kaski district, Shiva Khakurel of family members have to no longer provide female participants representing various INSEC, Journalist Rajesh Parajuli of Hurja food, clothing and even shelter to them. government agencies, non- governmental Daily, Director Yagya Prasad Adhikari of organizations, hospital and media. ogu NHRC Western Regional Office shared their In this concern, the state has made the provision

NHRC Adopts Exhumation Guidelines - 2069 dial

alitpur: NHRC has adopted the much mission thereby facilitating the process as per needed Exhumation Guidelines – 2069 the set standard. Findings of the exhumation with Lfrom 18 Jestha 2069, which is a milestone regard to the extra judicial killing perpetuated as a part of human rights action endeavored in by the state players would be the evidence in transitional and other situation. The guideline was the court for the justice delivery, says the press formally released by Honorable Prime Minister release issued by the NHRC. Dr. Babu Ram Bhattarai on the occasion of NHRC's 12th anniversary. The concept of having the exhumation guidelines is the result of the long term effort to bring out While developing the guidelines, regional the document as per international practices and and a national level consultation were held in standard. The security personnel, proposed Kathmandu and Butwal. The guideline maintains Commission of Inquiry on Disappearances the NHRC complaints handling in line with the (CoID) and other concern stakeholders may use standard set forth in international human rights the guideline as vital substantive instrument as instruments and practices, according to Shaym and when necessary, reads the press release. Babu Kafle, NHRC HR Officer and coordinator of the draft formulation committee. The Office of the Prime Minister has sent a letter on July 31, 2012 to the Ministry of Home, Exhumation guideline would fulfill the need of Defence and Nepal Police for the implementation a crucial instrument for those in exhumation of the guidelines.

www.nhrcnepal.org 9 An Overview of Human Rights Situation in Western Development Region

aksi: Human rights situation in the compensation to those who have lost their in Tangli Chowk, Kuwapani - 3 of districts of this region remained family members. Gorkha district, an octogenarian of 86 Kunsatisfactory this past month as years, Kunta Thapa was hacked to death well. Although the incidents of human The general people underwent the ordeal of by some thieves. rights violations and abuse were reported the impact of strike organized in the region less than those of the past, people in general by various groups including Brahman Due to the lack of scientific and proper suffered maximum from natural disaster. Samaj Nepal, Kshetri Samaj, Thakuri morgue, there is a problem of keeping dead The life of region was threatened from Samaj, Dasnami Samaj, Dalit Sewa Sangh body in Western Regional Hospital. It has the perspective of human rights due to the and Ethnical Mukti Samaj. The strike had literally affected surroundings including intermittent strikes called in the region. The adverse impact on various sectors such the wards, lab, administration section of the life of people continued with the suffering as industry, office, education including hospital and which has violated the right of garnered from the existing impunity and transportation. people to live good environment. lack of rule of law. The normal life of people of this region Though there is sufficient law for the The natural disaster took place on had been paralyzed due to the strike called rights of senior citizens and their social May 5, 2012 in Vurjung river of in different phases of time. Similarly, the security, they are compelled to live in Machapuchre V.D.C of Kaski district. The people living in this area were deprived vulnerable condition. The state needs to deluge that occurred all of a sudden in Seti of various basic rights of citizens such as take care for the implementations of the River has caused heavy loss of human right to education, freedom of movement, law regarding the senior citizens before and property. Large number of people of freedom to business and involve in various their life turns miserable. cacy that area has become homeless and many occupation. people have been missing till date. Highly Similarly, the detainees at detention o affected children from age 4 to 14 are in 10 For instance, Amar Singh High School of centers also do not seem to have in number. Among them, some of them are Pokhara had decided not to entertain the enjoyed their basic human rights. The rendered homeless. They have been injured re-enrolment of the student who had failed. state authorities have to pay their due and now face the lack of education, health, Consequently, the student opted suicide as attention to this. The rule of law, on the guardianship. The state does not seem to the last resort. . other hand, appeared to have gone to be active in providing rescue and relief. dogs due to the political transition of the The state needs to address the problem Due to the lack law and order, various kinds state. The violation of the civil, political, adv by launching rescue and also by providing of crimes occurred in the area this past economic and social rights of the people proper relief for the affected people and month such as theft and murder. Similarly, has also increased this month. &

es Journalists and HR Defenders Trained on Human Rights in Kalikot

umla: NHRC Sub- Regional Federation of Office, Jumla organized a human Nepalese Journalists, rights training for the human rights New Karnali FM,

ogu J defenders and the journalists active in News 24 local the area. c o r r e s p o n d e n t , local media The objective of the program was to person, members of the enhance the capacity of the local civil society, Inter journalists, human rights workers Party Women's representing the various local level N e t w o r k i n g , dial human rights organization including the W o m e n ' s ' government offices. The program also Rights Protection aimed at spreading the knowledge of N e t w o r k i n g , human rights minimizing the problems NEFIN, Teachers of human rights, that the general people Union, District are facing. Police office, District A d m i n i s t r a t i o n A total of 35 participants from Jumla Office, Women's and Kalikot including the media persons, D e v e l o p m e n t Trainees and the Resource Persons taking a paragraph after the training representatives of the human rights Office, District program on Human Rights organized in Kalikot in West organizations and government offices Development Office, Photo: Sub Regional Office, Jumla participated in the training program. Health office, district 6 participants Jumla representing from Education Office, Radio Karnali FM, Radio Nari Awaj, Red Cross and Federation of Commerce and Chairperson of Federation of Nepalese Radio Nepal ( local correspondent ) Industry participated in the program. Journalist Kali Bahadur Malla facilitated and INSEC ( district representative) Inaugurated by the Chief Distrcit Officer, the training. participated in the training while 29 NHRC Sub Regional head Jhankajr participants from Kalikot representing Bahadur Rawal, Chairperson of Nepal Bar At the end of the program, the participants from Dalit Sewa Sangh, ECARDS, Association Hikmart Bahadur Bista and were awarded with the certificate of their participation in the training.

10 www.nhrcnepal.org Evicted Squatters Still at Lurch: Knock the Door of NHRC alitpur: A delegation representing the Land Rights Forum from LSurkhet, Bardiya and Kapilvastu districts has met with the NHRC office bearers and presented a memorandum with their demand to have them meted out by the Government at its earliest.

Since the landless squatters have been rendered high and dry due to the demolition drive launched by the government in mid rainy season, they came to knock the door of NHRC to seek help for their settlement elsewhere.

Meanwhile, the government was appeared to be oblivion and insensitive Representatives of the Land Rights Reforms presenting the memorandum to the NHRC Member Gauri in taking action on the issues related to Pradhan at the NHRC during their visit to the NHRC the evicted landless squatters as per the Photo: Umesh Rana Magar NHRC’s monitoring report, human rights organizations report and the media report. government to resolve the issues related to made for the relief materials supplied to cacy NHRC has been incessantly urging the the evicted landless squatters by making them including food, clothing and shelter government time and again to deviate its “National Action-Plan." before their life turn miserable for want of o attention towards providing human rights appropriate shelter. friendly alternative management before Following this, the NHRC has also removing the squatters but to no avail. recommended to the government to resolve NHRC, therefore, has urged the the squatters issues with the arrangement adv

Show Responsibility towards the Country and the Citizens: NHRC &

alitpur: The attention of the Commission action so that the general citizens are relieved among the commuters in order to prevent has been drawn to the incidents of from such a difficult situation. road accidents. Lviolence, killings, abduction, sky es rocketing price hike of the commodities, At the same time, the peasants are suffering NHRC has also urged the Government to shortage of fertilizer, political intolerance due to the scarcity of fertilizer. This would provide relief to the flood and landslide and chaos, arson at , not only have the impact on the livelihood victims, to make necessary arrangement road accidents and natural disaster in the of the peasants but also production of food of the medicines and appropriate country. grains would be decreased. NHRC, therefore, rehabilitation and also to initiative

has urged the government to make the necessary preparation for the prevention ogu NHRC, therefore, has urged the Government necessary arrangement for the availability and control of the natural catastrophe to immediately control the incidents of of the fertilizer in a simplified way. before it is too late. criminal offences such as violence, killing and abduction and ensure the people's right NHRC has also urged the leaders and cadres NHRC has urged the government to to live with freedom. of the political parties not to indulge in end the existing menace of impunity unnecessary disputes and chaos but to be and the dispute over the pending issues The country now is facing the ordeal patient and responsible towards the country of state restructuring and federalism. dial of sky rocketing price hike of the daily and the people. The Commission has also urged all the commodities. The Commission has also stakeholder parties to sort out the prevalent urged the government to find out the causes Its time now that the Government came up political impasse in the country through of the unnatural price hike and advance the with the traffic laws to bring about awareness dialogues and consensus.

Interaction held on the Occasion of NHRC Day aski: NHRC Regional Office, 97 Participants attended the program During the interaction, it was discussed Pokhara organized an interaction representing form various agencies. The chief that a large number of people are still Kprogram on the occasion of 12th of the security head of government agencies deprived of human rights education and anniversary of NHRC on 31 Jestha, 2069. from district, leaders of political parties, other services. The participants, therefore, The main objective of the program was to human rights activists, representatives stressed that the NHRC activities have observe the anniversary with a lot of fanfair of NGOs, journalists and general people to be focused on these areas in coming and the exchange of the greetings among the attended the program. days. Yagya Prasad Adhakari, the regional stake-holders in the area. director of NHRC presented the activities of the NHRC on the occasion.

www.nhrcnepal.org 11 Archiving of HR Violation Cases Launched at NHRC alitpur: Recently, NHRC has All the resolved files have been managed in established an archive of human the archives. Lrights violation cases as one of its wings in the NHRC premises The Asia Foundation has provided logistic with modern facility. The archive support for the archives by providing fire- is established aiming to protect and proof cabinets, necessary electronic devices preserve the records of the violations and technical assistance. of human rights incidents and NHRC documentations on the violations of Currently, the archiving unit has been human rights. The Archive is expected advancing the data base and archiving the to provide required information on the documents as per the case management and incidents of human rights violations archiving procedure. The data base would investigated and followed up by provide the information in both chronological Fire proof cabinet installed at the NHRC NHRC in the past to the concerned and alphabetical orders in terms of the archiving division stakeholders, victims and their families registration as well as the name of victims. as and when needed. This initiative was primarily aimed at Photo: Umesh Rana Magar improving the records management system. The archive basically would work as rules. NHRC has been working on it a repository of the resolved cases of The archive management has classified and throughout the year and hopes to complete human rights violations and remedies managed all the resolved cases on thematic the data entry in next few months. The recommended by the NHRC on those basis. The themes are based on the core - NHRC also expects that the stakeholders cases. Out of around 10, 000 complaints international conventions of human rights. and persons concerned would be able to of human rights violations received at receive the information of resolved cases various NHRC offices during past 12 The data will be available at the NHRC without any delay. years, only half of them are resolved. website in the near future as per the NHRC

Glimpses of NHRC Day ctivities A

Photo: Post Bahadur Thapa & Umesh Rana Magar

National Human Rights Commission Harihar Bhawan, Lalitpur, Nepal Phone: 00977-1-5010015 (Hunting Line) Fax: 00977-1-5547973, 5547976 Email: [email protected] e - Newsletter publication supported by SCNHRC/ UNDP Project Website: http://www.nhrcnepal.org

Editors: Nawin Chandra Gurung, Yam Bahadur Dura Please send your feedback about the NHRC Kailash Kumar Siwakoti e - Newsletter to [email protected]

12 www.nhrcnepal.org