e-Newsletter • Volume 10 • Issue 9-10 • Sep/Oct, 2014

Newly appointed NHRC Office-Bearers Assume Office Commitment expressed for the Protection & Promotion of

Newly appointed NHRC Chairperson and Commissioners attending the reception program upon assuming their office on the first day of their appointmentPhoto: Umesh at theRana CommissionMagar, Central Office Photo: Janak Raj Bhatta, Central Office ALITPUR: The newly appointed On the occasion, Minister of Law, Contents Page LChairperson, Anup Raj Sharma and Justice, Constituent Assembly and the Member Commissioners Prakash Parliamentary Affairs Narahari Newly appointed NHRC...... 1 Osti, Sudip Pathak, Mohna Ansari Acharya, Chief Secretary of the NHRC Commissioners visit...... 2 and Govinda Sharma Paudyal of the Government of Lilamani Commission to probe...... 2 National Poudyal, Chief of Army Staff Gaurav Corpse of Nanda Prasad...... 3 have assumed their office after being Shumsher JB Rana, NHRC Secretary Monitoring on fast-unto-death...... 4 sworn-in. Bed Prasad Bhattarai and other high Recent NHRC Publications...... 4 ranking officials of the constitutional Commissioner Pathak to represent...... 5 Earlier, in the presence of President bodies were also present. Workshop on TJ and HRs...... 5 Ram Baran Yadav and Prime Minister Surprise Inspection of...... 6 Sushil Koirala, Chief Justice Ram The Constitutional Council had Victims stigmatised due...... 6 Kumar Prasad Shah had administered approved the recommendations on Protection of Consumer Rights...... 7 the oath of office and secrecy to the the appointment of the Officials to Issue Concerns expressed over...... 8 newly appointed Chairperson of the the NHRC through the ‘Parliamentory Human Rights Situation...... 8 NHRC Anup Raj Sharma. Sharma later Hearing Special Committee’ (PHSC) Ensure Access to Human...... 9 administered the oath to members of on October 17, 2014. Development Actors to expedite...... 11 the Commission Prakash Osti, Sudip Blue Diamond Society...... 12 Upon assuming the office, Chairperson Pathak, Mohna Ansari and Govinda Impetus given to Consultation...... 13 Anup Raj Sharma, addressing to the Sharma Paudyal respectively amidst Constantly monitor the...... 13 media, Human Rights defenders and a ceremony held at the Rastrapati Consultation on UPR Report...... 14 the representatives of the civil society, In This Bhawan in Maharajgunj on 20th Implementation Status of...... 15 pointed out that all should adopt October, 2014. NHRC Outgoing Staff...... 15 democratic culture and put an effort Trafficking still a Big...... 16 Continued on page 10 National Human Rights Commissionwww.nhrcnepal.org -Nepal 1 NHRC Commissioners visit Ganga Maya Adhikari Commission to lead for providing justice to the Adhikari family

ATHMANDU: NHRC KChairperson Anup Raj Sharma along with the Commissioners Prakash Osti and Sudip Pathak visited Ganga Maya Adhikari at Bir Hospital and obtained information of her health condition.

During the meeting, Chairperson Sharma assured Ganga Maya Adhikari Protection that the Commission would play the lead role to mount pressure through the Peace and Reconstruction Ministry for the implementation of what the government pledged while requesting her to break fast-unto death on October 17, 2014. A high level NHRC monitoring team including the Chairperson Anup Raj Sharma, Commissioners Sudip Pathak, Prakash While talking to Ganga Maya Adhikari, Osti and Govind Sharma Paudyal visiting Ganga Maya Adhikari who’s staging fast-onto-death demanding justice Photo: Janak Raj Bhatta, Central Office Commissioner Sudip Pathak said that the Commission would play a lead role to drag her son’s murderers to legal On the same occasion, the NHRC met to help materialize the commitment prosecution. with the conflict victims including expressed by the Government of Bisheswar Sada, Karna Bahadur Singh Nepal before her for justice delivery Meanwhile, it is learnt that the Bir and Lal Singh Badal and urged to and safeguarding her human rights. Hospital management has deployed end their fast-unto death program by two nursing staff for the treatment of adopting legal procedures for human Talking to the Chairperson and Ganga Maya Adhikari, as committed rights and justice delivery. Commissioners, Ganga Maya urged earlier by the Government.

Nanda Prasad Adhikari and Ganga after his abduction on June 6, 2004. Maya Adhikari of Fujel Village Soon after the incident, the family Development Committee-7 of Gorkha members of deceased Adhikari had Commission to probe district had been staging fast-unto registered FIR against few persons death at Bir hospital demanding legal involved in the murder. into Bara Incident prosecution against the murderers of their son Krishna Prasad Adhikari. Earlier, in an NHRC meeting with ALITPUR: By issuing a press Nanda Prasad Adhikari breathed his the former Home Minister Madhav Lrelease, the Commssion has last during the strike on September Prasad Ghimire held on August 7, expressed its deep concern over the 22, 2014, the 333rd day of his hunger 2013 the Commission had urged the shooting incident in a clash escalated strike. government to promptly advance the between locals and the police on investigation process on the incident October 11, 2014 near Simraungadh Ganga Maya had ended the strike on of Karishna Parasad Adhikari’s of Bara district. A person was killed October 18, 2014 after the government murder. At the same time, the in the incident. and human rights activists committed Commission had corresponded to the to meet her demands. Office of Prime Minister and Council A team of the Commission has of Ministers on August 12, 2013 with proceeded to the incident spot 19-year-old Krishna Prasad regard to the same issue. for necessary investigation. The Adhikari, a resident of Fujel Village Commission also urges all the Development Committee, Ward – Upon conducting the investigation on stakeholders and authorities to 7 of Gorkha district was abducted April 5, 2009, the Commission had cooperate with its investigation into from Bakulahar Chok, Ratnanagar recommended the Government of the incident. Municipality, Ward - 1 of Chitwan Nepal to probe into the incident of district by the then Maoists cadres criminal offences and to provide elief on June 5, 2004 and murdered a day and reparations to the victim’s family.

2 www.nhrcnepal.org Corpse of Nanda Prasad Adhikari inspected, Govt. asked to save the Life of Ganga Maya Adhikari

ATHMANDU: The NHRC the murderer of her son Kmonitoring team comprising Krishna Prasad Adhikari former Commissioner Sudip Pathak, and the provision of Investigation and Planning Division compensation and Head Yagya Prasad Adhikari and reparation made Human Rights Officer Uma Joshi available to the victim’s visited the morgue at Tribhuvan family.’ University Teaching Hospital (TUTH) on September 22, 2014 to inspect the Meanwhile, the condition of the corpse of Nanda National Human Protection Prasad Adhikari. Rights Commission has expressed its deep The team also visited and inquired concern over the death of about the health condition of Ganga Nanda Prasad Adhikari Maya Adhikari at Bir Hospital on of Fujel, Gorkha on 22nd October 8, 2014, who was on hunger September, 2014. strike for 360 days demanding action against those involved in the murder Nanda Prasad Adhikari of her son Krishna Prasad Adhikari. of Phujel, Gorkha district, who had been The monitoring report states that staging a fast unto death forensic medicine department of demanding justice TUTH received the dead body of over the murder of his Nanda Prasad Adhikari through Nepal son Krishna Prasad Police on September 22, 2014 while Adhikari by the then the health condition of Ganga Maya CPN Maoists, passed Commissioner Sudip Pathak and Division Head Yagya P. Adhikari inspecting the Adhikari was found to be worsening away at Bir Hospital. corpse of Nanda Prasad Adhikari at Teaching Hospital, Kathmandu day by day. The emergence of such Photo: Janak Raj Bhatta, Central Office situation is taken by the The Commission prays that the Commission as an extremely regretful recommendations as such have been departed soul of Nanda Prasad episode. implemented accordingly. Adhikari rests in peace and also expresses deepest condolences to The Commission has urged the Absence of immediate investigation the family members of late Adhikari. Government of Nepal and other and prosecution on the incidents concerned parties to make serious of the human rights violations Since Nanda Prasad Adhikari passed efforts to protect the life of Ganga Maya that took place during the armed away while staging a hunger strike and Adhikari, the wife of Nanda Prasad conflict and beyond, obliviousness in the health condition of Ganga Maya Adhikari, whose health condition is administration of justice, widespread Adhikari has also been worsening worsening due to her fast-unto-death. bewilderment and pervasive dispirited day after day, the matter is not only Similarly, the Commission has heartily notion have caused difficulty in timely an issue of a person’s right to life requested Ganga Maya Adhikari to and effective protection and respect of and human rights, but also related give up her self-penance and adopt human rights. to transitional justice and therefore, alternative measures to seek justice. the Government of Nepal must be Since the Rule of Law is the basis sensitive towards this, the letter sent Meanwhile, the Commission has of human rights, it is necessary that to the Government on October 10, reminded that it has already sent the the recommendations made by the 2014 reads. recommendations to the GoN to take Commission are implemented timely. actions against criminal offense upon Also, since prevalence of absolute peace The letter further states, ‘Provide conducting the investigation over the makes the sustainable peace possible, detailed plan of the Government of incidents of the murder of Krishna transitional justice is certainly not an Nepal within three days of the receipt Prasad Adhikari, make arrangements alternative of criminal justice but it of this letter including the efforts for compensation to the victims and does only serve as a supporting factor made by the Government of Nepal to provide adequate security, including and the Commission would like to improve the health condition of Ganga rehabilitation of the victims. Also, draw the attention of the Government Maya Adhikari and the progress report the Commission has been incessantly towards this. of the investigation into the incident of monitoring whether or not the

www.nhrcnepal.org 3 Monitoring on fast-unto-death Victims of Conflict express their woes

Protection A high level NHRC monitoring team including the Chairperson Anup Raj Sharma, Commissioners Sudip Pathak, Prakash Osti and Govind Sharma Paudyal visiting the conflict victims staging fast-onto- death at Bir hospital Photo: Janak Raj Bhatta, Central Office Photo: Janak Raj Bhatta, Central Office ATHMANDU: The Commission The Commission has been incessantly the life of the victims and to arrange Khas corresponded to the conducting monitoring upon receiving necessary treatment to the persons Government of Nepal with regard the complaint by the National Action staging hunger strike. to peaceful protest organized by the Committee of Conflict Victims National Action Committee of Conflict of Security Agency about the An NHRC team comprising the Victims who once belonged to Army intervention on the peaceful protest human rights officers Nitu Gartaula and Police including yet another fast- and infringement of the right to and Uma Joshi monitored the health unto-death staged by the victims organize such peaceful protests from situation of the protestors at Bir Karna Singh Bhandari, Lal Singh the side of the government. Hospital on October 10, 2014. Sensing Badal and Bisheswar Sada associated the deteriorating health condition, the with the Action Committee. In a letter sent to the Government of team had persuaded them to inject Nepal, the Commission has written saline water and thus the doctors During monitoring, the Commission that since it is a matter of human performed the medication including obtained information about the health rights to organize peaceful protests saline water injection at the presence condition of victims who have been and the program as such being based of the NHRC monitoring team. staging hunger strike since September on the consensus reached between the 22, 2014 demanding immediate government representatives and the Two of three protestors have been kept implementation of the consensus members of the Action Committee, it in Intensive Care Unit of Bir hospital, reached between the government is deemed necessary to be serious on the report states. representatives and the members of the part of the government to protect the Action Committee.

For electronic version of Recent NHRC Publications NHRC publications, please visit: www.nhrcnepal.org

4 www.nhrcnepal.org Commissioner Pathak to represent in the Recommendation Committee, Government all set to give Full Shape to TJ Mechanisms ATHMANDU: The National investigate war-era human rights KHuman Rights Commission has violations. nominated Commissioner Sudip Pathak to the Recommendation Earlier, the government had Committee formed to select the appointed former chief justice Commissioners for the Commission Om Bhakta Shrestha as chairman of the Inquiry on Disappearances of the committee on June 16 and (CID) and the Truth and Pradeep Pokharel, Ghanashyam Reconciliation Commission (TRC) Lal Das and Sapana Malla Pradhan responding to a request made by the as members of the five-member Ministry of Peace and Reconstruction committee. However, Malla had Protection through a letter sent to the NHRC denied taking the charge expressing dated October 22, 2014. her reservations over the TRC and CID Act itself. Later, the government Commissioner Sudip Pathak talking to the press at the Commissioner Pathak has been NHRC had appointed Shanti Devi Khanal as nominated as a member of the Photo: Janak Raj Bhatta, Central Office member in Malla´s place. Recommendation Committee by as per the press release issued by the Of late, it is learnt that the committee NHRC Chairperson Anup Raj Sharma Commission. following the NHRC decision drawn has been preparing its own roster pursuant to sub-section (b) of Section The recommendation committee for of experts for appointment to the (3) of Chapter (2) of newly enacted the formation of TRC and CID finally commissions and while doing so, TRC Act- 2014 that bears the legal attaining the completeness with the the committee recently conducted provision of nomination of either nomination of NHRC Commissioner nationwide consultation programs NHRC chairperson or its member as one of members is expected to with conflict victims, human rights designated by the chairperson to expedite the process for forming activists and civil society among the Recommendation Committee, the two commissions, which will others.

ever burgeoning sate of impunity for Workshop on TJ and HRs expedited in West the protection of Human Rights. The participants also stressed on the YANGJA: The stakeholders in National Human Rights Commission. activities such as the provision of the Syangja district said that the S Jhalak Subedi, Chief of Area reparation to the victims and victims’ transitional justice mechanisms ought Administration Office, Chief of families from the side of the state, to to fulfill the much awaited aspirations Public Health Office, Inspector end politicizing crimes and vice versa of the general citizens together with the of Ward Police Office, Official of and the act of sheltering the criminals victims and their families. Armed Police Force, representatives at the helm of politics. They raised this concern at a workshop of municipality including the Office Twenty six participants comprising entitled ‘Workshop on Transitional Bearers of the Victim society, Human the chief and representatives of the Justice and Human Rights’ organized Rights Defenders, Legal Professionals, government offices, human rights by the NHRC Regional Office, Journalists, chiefs and representatives defenders, conflict victims, legal in Waling Municipality hall of Syangjha of the political parties were present in professionals and media persons, district on September 24, 2014. this event. among others took part in the day long The workshop focused on the CID Underlining the importance of the workshop and TRC Act - 2014 related to the plight of conflict transitional justice mechanisms victims and state viz. Commission on the Inquiry of accountability, Disappeared (CID) and the Truth and most speakers Reconciliation Commission (TRC) and emphasized on the role of the state with regard to the early formation incidents of human rights violations of the TRC during the decade long armed conflict. consistent with international At the program, The NHRC Regional standards in Head Dr. Tikaram Pokharel presented order to sustain on the concept of the transitional justice Rule of Law and together with the inputs on the contents to put an end to Deputy Director Dr. Tiak Ram Pokharel along with the resources persons at a program of the TRC Act – 2014 provided by the held on transitional justice and human rights in Syangjha district Photo: Regional Office, Pokhara www.nhrcnepal.org 5 Surprise Inspection of the Hanumandhoka Detention Center Directives issued to improve Sorry State of the Detention Centers

ATHMANDU: The NHRC team Metropolitan City towards the Talking to the monitoring team, Kcomprising the newly appointed extremely pitiable physical condition Metropolitan Police Range, Commissioners including Prakash of the detention center and issued Hanumandhoka in-Charge SSP Uttam Osti, Govinda Sharma Paudyal and directives to the authorities to explore Kumar Karki and Chief of Metropolitan other officials inspected the physical options to relocate the detention Police Crime Division SSP Pushkar condition of the detention centre, center. Karki said they were aware and barracks and canteens at Metropolitan sensitive towards human rights of the Police Range, Hanumandhoka. Similarly, the NHRC officials also detainees. They also expressed their directed the officials of the concerned commitment towards the protection Upon inspection, the Commissioners authority to improve the infrastructure and promotion of human rights.

Protection duo have drawn the attention of the of the detention centre, adopt scientific Ministry of Home Affairs, Department approach in crime investigation and to Section 4(a) of the National Human of Prison Management, Nepal Police be sensitive about human rights of the Rights Commission Act – 2012 has Headquarters and Kathmandu detainees. empowered the Commission to conduct inspection and monitoring of prisons, other agencies of the Government of Nepal, public institutions or any other place for the protection of human rights, and to provide necessary suggestions or directives to the agency concerned with regard to the improvement to be made in such agency, institution or place for the protection of human rights.

Likewise, Article-132 of the Interim -2007 has empowered the NHRC with duties, functions and power of the Commission. The high level NHRC monitoring team including the Commissioners Prakash Osti, Govind Sharma Paudyal and other officials conducting the monitoring on the detention center at Hanuman Dhoka Photo: Janak Raj Bhatta, Central Office Victims stigmatised due to delay in Justice Delivery

UMLA: National Human Rights The report suggests that victims, who victims in different VDCs, who were JCommission (NHRC), Sub- are tired of waiting for justice, should killed, disappeared, tortured, and Regional Office (Jumla) has monitored be provided with justice as soon as injured by the warring factions in the implementation status of NHRC possible. different times and situations. recommendations on armed conflict era human rights violation cases in The report further Jumla district. notes that there should be a clear- Citing the partial implementation cut demarcation NHRC recommendations on conflict line between relief era human rights violation cases, the and compensation report issued after the completion provided to the of monitoring emphasizes that the families of the culprits of human rights violations victims by the be brought to justice without government. compromising with any forces. The report also mentions that human The monitoring rights violations of post war era have team visited five Rajendra Neupane, Head of NHRC Sub Regional Office (Jumla) collecting the also remain unabated. families of the information from the conflict victims. Photo: Sub-Regional Office, Jumla 6 www.nhrcnepal.org Discussion on the Welfare of Consumers Protection of Consumer Rights Stressed Protection

NHRC Officials along with the Chiefs and representatives of the government and non-government offices at a program held on consumer rights Photo: Janak Raj Bhatta, Central Office

ALITPUR: The Commission monitoring on the human rights of under acute food scarcity. organized a discussion with consumers throughout the country. L In order to enhance the democratic the responsible authorities of the At the discussion, NHRC Officiating course, the Commission urges all the Government of Nepal (GoN) following Secretary Subarna Karmacharya said, concerned stakeholders including all the grievances placed by the consumers “The government should continue the entrepreneurs to compulsorily on incidents regarding food items market inspection and monitoring implement the rule of law and being sold at a price more than the round-the-year and punish the wholeheartedly pledge support to prescribed price, lack of installation culprits.” the monitoring team deployed by of price lists in most shops including the Government and respect the the obstruction caused to the market Government officials responded by consumers rights to buy the right monitoring teams deployed by the GoN pledging to initiate legal actions commodities at a right price and to at a few places while some districts against those involved in unethical receive appropriate services. were reeling under food scarcity. business practices and informed that market inspection and monitoring The Commission has urged the The Commission has expressed its has been conducted by officials of Government to ensure the consumers concern on the unnatural price hike the Department of Food Technology right to food by making smooth supply in essential commodities during and Quality Control, Directorate of of qualitative foods in districts where the festive season of and Livestock Training and Extension and food scarcity is widespread and to and adulterated food items Nepal Bureau of Standards. make arrangements for regular and being distributed in the market. effective monitoring on the human The Commission also urged market Meanwhile, at a time when festivals rights of consumers throughout the monitoring to be stepped up by the are approaching around the corner, country. government for the supply of healthy the attention of the Commission has and qualitative food items in order to been drawn to the rampant unethical The Commission has also urged the ensure consumer rights. practices of commodities with expired Government to advance the monitoring dates being sold, food items being sold missions intensively from central to The Commission suggested the at a price more than the set price the local level in order to diminish the Government to ensure the right to and even without price tags. The market monopoly by giving continuity food by making smooth supply of Commission also showed concern to monitoring round-the-year and qualitative food in districts where food over the obstruction of the market also to initiate legal actions against scarcity is widespread and to make monitoring teams deployed by the those involved in unethical business arrangements for regular and effective GoN while some districts are reeling practices.

www.nhrcnepal.org 7 Concerns expressed over Violation of Child Rights

AWALPARASI: Participants Nat a program ‘International Commitments on Child Rights and Universal Periodic Review’ organized by National Human Rights Commission (NHRC), Regional Office (Butwal) in Nawalparasi on September 27, 2014 have expressed concerns on various forms of child rights violations taking place in Nawalparasi district. According to the participants, children

Protection are being used to transport contraband products in Nepal- border. In the same way, they complained about rampant corporal punishment at schools, practice of child labor in highway motels, and existing practice of child marriage in the nooks and corners of the district. Resource persons and the participants at a program held on the Rights of Child in Nawalparasi Photo: Sub-Regional Office, Butwal In the course of expressing their views, the participants said that government Plan (NHRAP) and recommendations of program is pretty much helpful for bodies like Women and Children made via Universal Periodic Review the promotion and protection of the Office and Human Rights Cell of Nepal (UPR) on child rights on the occasion. rights of child. Police lack sufficient budget, which is Human Rights Officer Chandrakanta The program was participated by 35 hampering the efforts of protection Chapagain and District Child Officer people including members of civil and promotion of child rights. Ravi Gautam presented different society, representatives of government Deepak Jung Dhwaj Karki, the aspects of child rights. agencies, human rights defenders and Head of NHRC Sub-Regional Office On the occasion, Hari Prasad Mainali, journalists among others. (Butwal), shared provisions laid down Chief District Officer (CDO) of in National Human Rights Action Nawalparasi observed that such kind

Human Rights Situation monitored in East, Authorities asked to safeguard the Rights of People

IRATNAGAR: An NHRC high level The program brought into light that Since the respect of human rights is only Bteam has organized an interaction problems of casteism, domestic possible with the rule of law sustained, program and surprise monitoring violence, rape, child labor, the team also issued the directive to on the Universal Periodic Review administration of justice, education, the concerned district officials of the (UPR) recoomendations on Human health, rights of indigenous Government of Nepal to remain active Rights, press freedom and over all communities, consumer rights, erosion and alert towards this issue. human rights situation in Taplejung, in the family and social relationship Furthermore, the Commission has Panchthar, Ilam, Jhapa and Morang owing to foreign employment are appealed to the concerned parties districts. alarmingly on the rise. to resolve the problems related to The team held discussions with the The high level team issued directives to the rights of the indigenous people central members of the Federation the concerned authorities for surprise through dialogues and consensus. of Nepalese Journalists (FNJ) monitoring in the district hospital of The high level monitoring team including the chairs of ten different Ilam following the concern raised in comprised of the NHRC Acting districts of the east, local police the discussion. Similarly, the team Secretary Bed Prasad Bhattarai and administration, human rights has observed the pillar of memory the the Officiating Regional Director defenders, representatives of the civil erected in the name of 22 victims of the NHRC Eastern Regional Office, society and civil servants associated of disappearance during the armed , Kosh Raj Neupane. with the health and education sectors. conflict in Jhapa district.

8 www.nhrcnepal.org Ensure Access to Human Rights in Every Household : Chairperson

ALITPUR: Chairperson of Lthe National Human Rights Commission Anup Raj Sharma has said that the NHRC is all set to do the groundwork to formulate an action plan so as to ensure access to human rights in every household in the country.

Speaking at the closing ceremony of Protection the program entitled Organizational Briefing to the Newly Appointed Chairperson and Commissioners held from 31st October till 2nd November, 2014, Chairperson Sharma said that the soon-to-be formulated action plan will be based on the review of the NHRC’s activities conducted in the past. Chairperson Anup Raj Sharma addressing a program held on the organizational briefing to the newly appointed Describing the scope of human rights NHRC chairperson and the Commissioners Photo: Umesh Rana Magar, Central Office as deep and broad, Chairperson Sharma observed that the right to Commissioner Sudip Pathak said in various local languages. She freedom, equality and dignity lie at that they would inculcate concerted emphasized on preparing a friendly the core of human rights. efforts to make the NHRC a credible environment for the NHRC’s presence constitutional body and materialize the for the people of all walks of life. He further added that he would human rights culture in the country devote himself to the protection by enhancing the coordination and Speaking at the program, and promotion of human rights by collaboration with the national and Commissioner Govinda Sharma boosting the morale of staff members. international stakeholder agencies. Paudyal said that the concentration of the Commissioners would be focused Speaking on the occasion, Commissioner Pathak also said that towards implementing the work plan Commissioner Prakash Osti said the NHRC would commence the in practical term for the protection that being appointed at the NHRC nationwide prison monitoring on the and promotion of human rights. is a challenge and he will remain staring right from Pokhara, Kaski. committed to working for the Acting Secretary Bed Prasad pertinent human rights issues Commissioner and Spokesperson Bhattarai, Director Subarna including Economic, Social and Mohna Ansari stressed on the Karmacharya and the concerned Cultural Rights of the people. publication and broadcasting of the division heads presented on the NHRC activities and information activities accomplished by the NHRC, challenges lying ahead and the way forward at the program conducted consecutively for three days.

Furthermore, larger discussions were held on the implementation status of the NHRC recommendations, future work plan, job permanency of the staff and their capacity development, the standard of the investigation upon the incidents of human rights violations including the coordination and collaboration with the stakeholder

Chairperson, Commissioners and NHRC staff members at organizational briefing to the newly appointed NHRC authorities. chairperson and the Commissioners Photo: Umesh Rana Magar, Central Office

www.nhrcnepal.org 9 Continued from page 1 actions against those involved in extra- B) With regard to the incident of killing Newly appointed NHRC Office-Bearers... judicial killings during the conflict. of the three Army personnel namely Padam Bahadur Bista, Ram Bhagat All the state authorities of the to end the political uncertainty for the Ale and Chetnath Puri of then Government of Nepal (GoN), security protection and promotion of human Royal Nepal Army by the rebels of agencies, civil society, human rights rights in the country. the then CPN (Maoists) while they workers, political parties, journalists were deployed in regular patrolling Responding to the queries raised by as well as all stakeholders have been at Kavre Bhanjyang of Kavre VDC, the journalists, Chairperson said, ‘I appealed for the support towards the Ward-4 of Kavrepalanchok district have been planning to revitalize the protection and promotion of human on February 27, 2007. Commission in an assertive way.’ rights. The Commission will give special He added that he would put in every Welcoming the Commissioners NHRC priority to the following existing effort to exploit all options to have Secretary Bed Prasad Bhattarai perennial issues in order to effectively support pledged from media, human apprised to the NHRC Commissioners accomplish the responsibilities for the rights defenders and international about the HR issues to be focused by respect, protection and promotion of community for the implementation the new team. of the NHRC recommendations. He human rights: In the first meeting of the also said, ‘I will also use my efforts to 1. Realizing the need of inevitable Commissioners, recommendations make sure that the new constitution is high moral support of the staff have been made urging to take action human rights friendly.’ members, the first and foremost against the accused and to make priority will be given to resolving On being asked about Ganga Maya the arrangements for the provision the perennial problem of the work Adhikairi, Chairperson Sharma said of compensation and reparation Newly appointed NHRC Officials dialogue & advocacy

Anup Raj Sharma Prakash Osti Sudip Pathak Mohna Ansari Govinda S. Paudyal Chairperson Commissioner Commissioner Commissioner Commissioner that he would put in his best efforts amounting NRS 300,000 each to the force contributing their service on to save the life of her. ‘We do not victims’ families after discussions held contractual basis. look at any case through a political on two complaints with regard to the 2. Expedite with priority the perspective, our priority will be only incidents of human rights violations dispensing of decisions on the on concerns relating to humanity,’ as mentioned below: complaints of human rights said the Chairperson. A) With regard to the incident of violations by intensifying Envisioning about providing paralegal alleged disappearance and killing monitoring that had remained training to the citizens, he further of Top Bahadur Ale Magar of dormant due to the lack of officials claimed that it would improve the Dhairung Village Development for a long time. situation of human rights far and wide. Committee (VDC), Ward-9 of 3. Accepting the fact about the Gorkha district by erstwhile Royal significant role played by the Saying that human rights only exist if Nepal Army on October 26, 2004. media in the promotion of human there is free press and free judiciary, rights, utmost effort will be made Chairperson Sharma stressed on legal to strengthen the relationship with mainstream media in a transparent manner. 4. Priority will be given to strengthen collaboration and cooperation with civil society, international organizations and agencies working in the field of human rights promotion. 5. Will devise and publicize the Six Year Strategic Plan soon and actively engage in accomplishing it. The NHRC staff members along with the newly appointed office bearers upon assuming their office at NHRC Photo: Umesh Ranamagar, Central Office 10 www.nhrcnepal.org Workshop on the Implementation Status of UPR Recommendations Development Actors to expedite Implementation of NHRAP

APILVASTU: The National directives to entertain the judicial -2017/18) and the pertinent human KHuman Rights Commission review on legislation, including the rights issues contained in the plan. (NHRC) Sub Regional Office policies and program of the state Butwal and Citizens’ Network for upon analyzing and interpreting Advocate and the Coordinator of Peace jointly organized a one day the provisions laid out in the Citizens’ Network, Om Prakash Aryal, workshop entitled ‘International core international human rights opined that there needs to be ample Commitments on Human Rights and conventions to which Nepal is a party. coordination among the national the Implementation Status of the UPR human rights organizations, concerned Report’ in Taulihawa, Kapilvastu on In this context, the Supreme Court has state authorities including the human 26th September 26, 2014. established appropriate precedent and rights organizations, agencies and mandamus order on the writ under its civil society to make the report to be The program aimed at providing jurisdiction under its extra ordinary sent in 2015 credible, participatory information about the fourth Five jurisdiction. Similarly, underscoring and informative. Year National Human Rights Action the importance of the use of writ Plan (NHRAP) recently published jurisdiction, Hon. Bhandari expressed Advisor of MAHURI Home Ram by the Government of Nepal that the Appellate court as well as Dayal Thakur, Coordinator of (GoN) and conducting a discussion the District courts have already been MAHURI Home Ravi Thakur, among the stakeholders about the using writ jurisdiction to sustain civil Vice President of the Nepal Bar implementation status of the UPR and political rights. This, he believed, Association (district chapter) Bhola recommendations. would further extend support for the Biswakarma, Hem Nath Gyawali of Disabled Development Society,

protection and promotion of human dialogue & advocacy At the program, Chief Judge of rights. Ram Chaurasiya, Madhuri Shrestha Kapilvastu District Court, Achyut and Maya Gyawali of Accountability Prasad Bhandari presented a paper Similarly, the Sub Regional Head, Surveillance Committee, Sanjay on ‘International Commitments Deepak Jung Dhwaj Karki presented Kumar Pasi of National Dalit Society on Human Rights and the Role of on ‘National Human Rights Action Welfare Association, Maya Nepali Judiciary.’ He mentioned that the Plan/the Implementation Status of the of Dalit Women’s Association and Supreme Court has been playing UPR Report.’ Mr. Karki enumerated Superintendent of Police Bikram a significant role in the protection the concept of the UPR, UPR Report Gurung also participated and and promotion of human rights in of the Government of Nepal, objective expressed their views during the event. the country. He further added that of the fourth Five Your National the Supreme Court has been issuing Human Rights Action Plan (2013/14 A total of forty participants comprising the Chief District Officer of Kapilvastu District, Binod Prakash Singh, Superintendent of Police, Bikram Gurung, Superintendent of Armed Police Force, Madhu Sudan Gadtaula, chiefs and representatives of the district based government offices, local peace committee, Chief of the Office of the Women and Children, Program Coordinator of District Development Office, District Child Welfare Office, Nepal Bar Association, MAHURI Home, district chapter of Advocacy Forum, NEYOG, Federation of Non-Governmental Organizations including Guardians Association, among others participated in the workshop. The resource person and the participants at a program organized on the implementation of the NHRAP in Kapilvastu district Photo: Sub-Regional Office, Butwal www.nhrcnepal.org 11 Blue Diamond Society Representatives knock the Door of NHRC, put forward Grievances

ALITPUR: A LGBT (Lesbian, LGay, Bi-Sexual and Transgender) delegation visited the NHRC, Harihar Bhawan on September 7, 2014. The delegation was led by Prem Thapa of the Blue Diamond Society. A program was held among 82 participants representing the society. Human Rights Officer Basudev Bajagain responded to the queries and concerns mostly on the LGBT rights raised by the participants. Amongst the many issues discussed, the major ones were related to the unjust treatment, as to how this Human Rights Officer Basudev Bajagain addressing a program held with the representatives of the Blue Diamond threatens their security and makes Society at the NHRC them question their freedom to live Photo: Janak Raj Bhatta, Central Office as equal to other citizens. any concrete evidence. These particular a proposal to the Government to Sharing her personal story about how incidents, among others discussed provide skill development trainings she was bullied and chased by a few during this event reflected the dire to assist them. policemen on her way home, one of situation of human rights violation to After hearing the plights of these the participants said, ‘I went to report this group in the country. The group dialogue & advocacy victims, Mr. Bajagain further assured at the police office the next day, but I also brought up a controversial point those present at the delegation that never got any response from them. If when they expressed the need for the NHRC would support this issue and the police itself pose a threat to my legalization of prostitution since they asked those who were abused to file security and freedom, I wonder who believed that this was one of the only complaints so that the Commission can give me justice.” ways they can make a living. could further investigate and help A similar incident was shared by The issue, however, was discarded provide justice to them. He further another member who talked about downright by Mr. Bajagain, who added that any issues as such should how people misbehave and treat mentioned that NHRC would not immediately be brought to the notice her unjustly and even blame her for support any acts against the law, of the Commission in the future. stealing on various occasions without but can assist by putting forward

Representatives of Blue Diamond Society participating at a program organized at the NHRC Photo: Janak Raj Bhatta, Central Office

12 www.nhrcnepal.org Impetus given to Consultation with Development Actors on Strategic Plan

ORKHA/MYAGDI/KASKI: In a Gbid to give due impetus to the consultation-workshop with various district level development actors on the forthcoming fifth strategic plan (2015-2019), the National Human Rights Commission held district level consultations in Gorkha, Myagdi and Kaski districts commencing from 4-13 September, 2014. The objective of the program was to collect different human rights concerns to be addressed with due priority in district level. The program also aimed at identifying priority areas in regional and district levels Resource person including the chiefs of various govt. offices and NHRC Investigation and Planning Division where the Commission could focus on Head Yagya P. Adhikari at a program held with the development actors on NHRC strategic plan human rights issues. Photo: Regional Office, Pokhara In this context, at the backdrop of the contentious issues of human rights human rights concerns at the program the implementation of four strategic and the NHRC endeavors. held in Myagdi district. plans in the years 2001-03, 2004-08, At the program held at Pokhara, Chief Likewise, at the program held in 2008-10 and 2011-14 respectively, Judge Diliram Achraya of Appellate Gorkha district, Chief Judge of the the Commission has taken inputs and court Kaskiand Assistant Chief District district court of Gorkha, Prakash

comments from experts, government Officer of Kaski district, Arjun Kumar Kumar Kafle and the Chief District dialogue & advocacy agencies, NGOs and civil society Sharma commented and gave inputs Officer Bed Prasad Kharel also put members for the wider protection and for the strategic plan which is taken forward their inputs and comments promotion of human rights. as a vital one. on various human rights concerns vitally prioritized for embarking upon The Investigation and Planning Similarly, Chief Judge of District in the forthcoming strategic plan of Division Head Yagya Prasad Adhikari Court, Gayetri Prasad Regmi,and the NHRC. and Human Rights Officer Jayashor Assistant Chief District Officer Tulsi Chapagain presented on the core Ram Bhandari of Myagdi district contents of the strategic plan including also offered their inputs pertaining to

Constantly monitor the NHRAP: Achham Folks

CHHAM: National Human Rights be promoted in the ACommission (NHRC), Dhangadhi country. Regional Office organized a workshop Speaking on on National Human Rights Action the occasion, Plan (NHRAP) in Mangalsen, district participants Dhruba headquarter of Achham. BC, Tikendra On the occasion, NHRC human rights Bhandari, Lalit KC, officers Pawan Kumar Bhatta and Gopi Singh Nepali, Jankar Rawal presented on NHRAP Saraswati Nepali, and its importantce in promotion and Chetraj Padhya protection of human rights culture. and Bhim Janala stressed on the Officiating Chief District Officer Ananda role of NHRC for Sharma Bhusal, Local Development Human Rights Officer Pawan Bhatta facilitating the program organized on the constant monitoring Officer Satrughan Pudasaini, District implementation of the NHRAP in Achham district NHRAP activities Photo: Regional Office, Dhangadhi Education Officer Jawaharlal Hamal carried out by the Officiating Head of District Police government. Office and entrepreneur Chandra rights defenders, journalists and Parkash Dhungana shared their views The participants in the event representatives of Civil Society among on how the human rights culture can were government officials, human others.

www.nhrcnepal.org 13 Consultation on UPR Report organized: Inputs provided hile the National Human Rights WCommission is in full swing in preparing the mid-term Universal Periodic Review (UPR) Report to be submitted to the Human Rights Council, Geneva in 2015 during the forthcoming session, a series of consultations were held with civil society organizations and other non-governmental human rights organizations in various 16 districts including Saptari, Siraha, Mahottari, Dhanusha, Kapilvastu, Rupandehi, Palpa, Nawalparasi, Okhkhaldhunga, Udaypur, Morang, Jhapa, Ilam,

Panchthar, Taplejung and Terhthum. NHRC Office Head Buddha Nayaran Sahani addressing a consultation program on the forthcoming UPR report The objective of the program was to Photo: Sub-Regional Office, Janakpur share ideas on the implementation the government and non-government building the systems in the days to status of UPR recommendations upon offices, civil society organizations and come. receiving the recommendations via NGOs, human rights organizations Most of the participants underscored teh last UPR sessions held in Geneva, to share both specific and general the issues related to establishments transitional justice, peace process, comments preferably in writing so of transitional justice mechanisms, impunity together with recently that they could be incorporated in the emerged human rights issues and passage and enactment of laws related dialogue & advocacy would-be submitted UPR report in the to human rights such as criminalizing concerns in the country. forthcoming session scheduled to be the act of disappearances, torture, held in Geneva in 2015. The NHRC team comprised of Acting protection of victims and witnesses and Secretary Bed Prasad Bhattarai, Meanwhile, he also urged the so on so forth. They also emphasized Regional Heads, Division Heads and participants to provide comments with that the plans and polices promulgated Human Rights Officers of Center, special focus on the implementation by the state should encompass all Regional and Sub-Regional NHRC of the nine core conventions to which sections of the society. Offices. Nepal is a party. He also asked them Participants suggestions on the to have thorough cramming on the At the program, the team NHRC NHRC initiatives for criminalizing newly emerged human rights issues individually presented the report on the act of enforced disappearance including the Economic, Social and the implementation status of the UPR and torture by brining such crimes Cultural (ESC) rights violation of the recommendations. under the jurisdiction of criminal minority indigenous communities, The nationwide consultation program offence and protection of languages Dalits and backward communities, was attended by the chiefs and and culture of minority communities. senior citizens, women and children, representatives of the district based The participants also strongly stressed persons with disabilities, including government, semi government on the monitoring on the impediment migrant workers and the issues related offices, professional organizations and caused through politician intervention to the administration of justice. agencies, organizations working in in all fields including the distribution the field of human rights, civil society Citing the UPR report presented in of the compensation and reparation to members, NGOs and media persons the past, he said, ‘We are conceptually the victims of conflict. clear that NHRC UPR report will be a among others. The participants also urged the NHRC great help to the Government report Speaking on the occasion, NHRC to take lead in raising awareness on UPR.’ Acting Secretary Bed Prasad among the local level state actors with Bhattarai elucidated that 135 Enumerating the Government regard to the human rights treaties and recommendations in total were made initiative of National Human Rights conventions. They raised the concern and 56 recommendations accepted Action Plan (NHRAP) and its that after the court dispensing order, by the Government of Nepal whereas implementation, he said that the state the state together with the NHRIs 15 recommendations were rejected. should not assume the comments ought to see whether or not the Making a brief review on this provided with regard to this as a mere order is complied with. At the same thereafter, Secretary Bhattarai called criticism but an opportunity to revamp time, they flayed the system going on the chiefs and representatives of things through state mechanisms for subjugated with criminals going scot-

14 www.nhrcnepal.org Implementation Status of the Int’l Human Rights Instruments reviewed, Implementing Agencies flayed

ANAKPUR/BHAIRAHWA: The Racial Discrimination to which Nepal the political party leaders in power JTreaty Monitoring Division is a party. for their lack of accountability as of the National Human Rights well as obliviousness to address the The NHRC team comprising, Deputy Commission organized a workshop issues such as discrimination, Director Deepak Jung Dhwaj Karki, on the implementation status of rights of senior citizens, persons with Human Rights Officers Shyam Babu the international human rights disabilities and human rights friendly Kafle, Basudev Bajagain, Buddha conventions and treaties to which environment for the children. Sahani Kewat and Chandra Kanta Nepal is a party. Chapagain presented working papers During the comprehensive discussion, The objective of the workshop on the implementation status of the suggestions and inputs were forwarded was to obtain information about core international conventions. on the pervasive ill cultures leading the implementation status of to the violation of rights of women At the program, the participants the international human rights in society, issuance of citizenship expressed their dissatisfaction conventions and treaties to have a and free school level education as over the implementation of the ample review on the status. committed by the government. National Human Rights Action Plan

The discussions were held on the of the Government of Nepal. They The Convention against Torture other activities implementation status of the human also flayed the government for its being accessioned by the government, rights core conventions such as tight fists to check the widespread the participants also slammed the International Covenant on Civil commercialization and politicization government authorities for the lack and Political Rights, International of the education and health sector. of new law against torture, incidents Covenant on the Economical, Social of caste based discrimination, poor Concerns were also raised on the and Cultural Rights, Convention prison management, lack of psycho emerging family and social problems against Torture, Convention on social counseling and treatment to the due to foreign employment, political the Elimination of all forms of torture victims including the lack of uncertainty and prolonged transitional Discrimination against Women, revamping in extradition treaty. period. Convention on the Rights of Child, Convention on the Elimination of Participants at the program flayed NHRC Outgoing Staff bade Farewell ALITPUR: The National Human The program was chaired by Acting LRights Commission bade farewell Secretary Bed Prasad Bhattarai to its staff members leaving the while Director Subarna Karmacharya organization on various personal delivered the farewell speech. On grounds. Eleven staff members behalf of the entire staff, Human Rights including the Account Officer Janardan Officers Samjhana Sharma and Surya Badal, who is transferred elsewhere, Bahadur Deuja delivered the farewell were given a formal and warm farewell speech respectively. The transferred amid a program held on September and outgoing staff members also 22, 2014. The Staff members had shared their words of experience while contributed their service under working with the NHRC. The program NHRC staff members posing for a group photo after different divisions of the NHRC for a was coordinated by Human Rights giving farewell to the outgoing staff members Photo: Janak Raj Bhatta, Central Office long time in different phases of time. Officer Lok Nath Bastola.

Continued from page 14 Consultation on UPR Report... 2010 as a member of United Nations. review of the human rights records of The three NHRI entities of Nepal all 192 UN Member States once every free whereas the innocent citizens are include the National Human Rights four years. It provides an opportunity victimized eventually. Commission (NHRC), the National for all States to declare what actions Women Commission (NWC) and the they have taken to improve the human NHRIs of Nepal had submitted a joint National Dalit Commission (NDC). rights situations in their countries report on the Universal Period Review and to overcome challenges for the (UPR) on human rights situation The Universal Periodic Review enjoyment of human rights. in Nepal to the UN Human Rights (UPR) is a unique process which was Council, Geneva at the end of year introduced in 2006. It involves a

www.nhrcnepal.org 15 Trafficking still a Big Challenge, National Policy urged

ALITPUR: The National Human Meanwhile, the Commission has urged The report concludes by mentioning LRights Commission has made government to formulate a national about that trafficking has become public the national report on policy on preventing and combating common for three major purposes- ‘Trafficking in Persons especially on trafficking, revise the existing National sexual exploitation, labor exploitation Women and Children in Nepal’ during Plan of Actions and other acts and and entertainment. a program held at the NHRC central rules accordingly. Studies have revealed that office. Dr. Govinda Subedi, national poverty, gender-based violence, Releasing the report, Acting Secretary consultant presented on the unemployment, lack of education, Bed Prasad Bhattarai said that implementation status of the gender inequalities, awareness of controlling human trafficking has trafficking in persons specially on safe migration and laws related to become one of the major challenges as women and children. combating violence make women and the government seems rather sluggish children susceptible to trafficking. The report has painted a bleak picture to amend and implement the laws on the status of trafficking on national Meanwhile, the Commission has urged against trafficking. ‘The government and transnational levels despite the the government to set up temporary enacted Human Trafficking and efforts made by both government survivors’ shelter in countries where Transportation Control Act back agencies and NGOs alike. The report the number of women migrant in 2007 to protect and rehabilitate also unveils that the rate of human workers is high, and adopt victim- victims but challenges remain intact trafficking has increased by 60.34 centric legal framework, enforcement with the failure of the government to percent in one-and-a-half years. and prosecution. effectively implement the Act,’ he said. The number of people trafficked or The Global Slavery Index Report Adding that the National Committee attempted for trafficking increased (2013) ranks Nepal fifth among 162 on Combating Trafficking formed to 29,000 in 2012/13, compared to countries in modern day slavery. in 2007 has remained ineffective, 11,500 in 2011. As per the report, Secretary Bhattarai said, ‘The NCCHT 13,000 were trafficked while 16000 needs to accelerate its activities to were attempted to be trafficked. control trafficking in persons.’

Photos: Umesh Rana Magar, Central Office

National Human Rights Commission Harihar Bhawan, Lalitpur, Nepal Phone: 00977-1-5010015/16/17 Hot Line: 00977-1-5010000 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, Shree Ram Adhikari Newsletter to [email protected] 16 www.nhrcnepal.org