Photo: Bimal Chandra Sharma Nepal Human Rights Year Book 2021 57 arliament is an important in- also raised concerns about the human Pstitution for exercising the rights violation of people with COVID-19 sovereignty of the people. It has impor- infections, delays in rescue and rehabili- tant policy and lawmaking functions. The tation of victims of natural disasters, ac- Constitution states that no tax will be tions of law enforcement agencies, and levied without the approval of the people’s corruption.2 representatives. Any form of taxation has The legislature can also play an to be first presented in the parliament for important role in protecting and promot- approval. The House of Representatives ing human rights by ensuring compliance consists of 275 representatives elected to various human rights treaties, conven- through two different processes. Nepal tions, agreements and international stan- has 165 constituencies based on popu- dards approved/ ratified by the state, and lation and geographical suitability and by drafting national laws based on these uniqueness, with one person from each standards and international law. The constituency elected on the basis of the Law, Justice and Human Rights Commit- first-past-the-post (FPTP) system. The tee, is the parliamentary committee that parliament has 275 members, including has a leading role in this process. 110 members elected through the Propor- In the begining of 2020 the lower tional Representation system.1 house of parliament had a vacant posi- The legislature is expected to play tion of Speaker. Concerns were expressed an important role in protecting and pro- nationally and internationally about moting the fundamental rights enshrined the election of Agni Prasad Sapkota, as in the Constitution. As the supreme pol- Speaker, a candidate of the ruling Com- icy-making body, the laws developed by munist Party of Nepal (CPN). Sapkota the legislature determine the status of faces accusations in the enforced disap- human rights. The role of the parliament pearance and subsequent murder of Arjun in preventing human rights violations by Lama of Kavre.3 A case filed by Lama’s the government and various other bodies, wife, Purnimaya Lama, is still under con- by debating such issues and alerting the sideration at the Supreme Court, while government, assist the implementation of the police had listed Sapkota as being the constitutional rights. The legislature at large. His appointment as the Speak- has authority to protect and promote hu- er of the House was therefore seen as a man rights of people by enacting laws, move against Nepal’s national and inter- debating issues of public concern, pass- national commitments to human rights ing no-confidence motions against heads principles and standards. INSEC issued a of government who violate human rights, press release on January 20, 2020, stat- impeaching the head of state, building ing that it was a matter of national shame pressure through parliamentary obstruc- to have people accused in serious crimes tions and using the zero hour to raise hu- repeatedly being given responsibility in man rights concerns. The lawmakers also the state instead of being investigated, held human rights violating bodies ac- despite court orders and concerns raised countable to parliament through a special by victims and human rights activists.4 resolutions. The Members of Parliament The statement said that such decisions of 1. https://hr.parliament.gov.np/np/house-of-representative-nepal 2. https://hr.parliament.gov.np/np/house-of-representative-nepal 3. http://www.insec.org.np/victim/candidate_details_user.php?MFID=14855 4. http://inseconline.org/np/press/%e0%a4%95%e0%a4%be%e0%a4%a8%e0%a5%81%e0% a4%a8%e0%a5%80-%e0%a4%b6%e0%a4%be%e0%a4%b8%e0%a4%a8%e0%a4%95%e 0%a5%8b-%e0%a4%b8%e0%a4%ae%e0%a5%8d%e0%a4%ae%e0%a4%be%e0%a4%a8- %e0%a4%97%e0%a4%b0/ 58 Legislature political parties were against the existing This year the federal parliament legal system and the rule of law. It add- was not productive in many ways. The ac- ed that the appointment at a time when tivities of the parliament on issues relat- world was carefully watching progress ing to livelihoods, which should have been in transitional justice and that the ac- actively executed, were halted on various tion contradicted and made a mockery of pretexts. In December the parliament Nepal’s international commitments, and was dissolved by the Prime Minister three commitment to human rights. INSEC had years into its five-year tenure. It was dis- even appealed the CPN to review the deci- solved by President Bidhyadevi Bhandari sion to nominate Sapkota as candidate for at the recommendation of Prime Minister the position. KP Oli on December 20, 2020, and fresh After the resignation of Krishna elections were announced for April-May Bahadur Mahara in 2019, the Deputy 2021.6 The issue of dissolution raised Speaker had continued the work of par- several constitutional questions that was liament until early 2020. The post of being reviewed by the Supreme Court at Deputy Speaker, which was vacant after the end of the year. The debate is about the election of the Speaker, remained va- whether or not the Prime Minister had cant throughout the year. The Constitu- authority to dissolve the parliament as tion requires the Speaker and the Deputy per the provisions of the Constitution. Speaker to be of different gender and po- The parliament that ended on July 2, litical parties. However, no attempt was 2020, was dissolved before it could re- made to select a Deputy Speaker in 2020, sume. As it is constitutionally mandatory which the opposition had been demanding to convene sessions within six months, throughout. the President convened a session of the The Secretariat of the Federal Par- National Assembly on January 1, 2021 on liament issued a notice on July 11, 2020 the recommendation of the government.7 and announced that the position of Social- Nepal’s constitution envisages two ist Party MP Sarita Giri had been vacat- chambers in the federal parliament – the ed. Giri was relieved of her position after National Assembly and House of Repre- the Parliament Secretariat informed the sentatives. The absence of the House of Speaker about the letter received from Representatives also affected the func- the Socialist Party that had expelled her tioning of the National Assembly. In the from the party. As per Article 89 of the absence of the House of Representatives, Constitution, she was subsequently ex- the bills registered and passed in the Na- pelled from the parliament. The Socialist tional Assembly can’t become law. Party decided to expel Giri after she went against the party whip in a vote on the Parliamentary Sessions proposed amendment to the Constitution In 2020, the parliament had two to include Nepal’s new map in the nation- short sessions. As the winter session is al emblem (stamp).5 also the bills’ session, there were more 5. https://ekantipur.com/news/2020/07/09/15942872307138079.html 6. https://president.gov.np/%e0%a4%b5%e0%a4%bf%e0%a4%9c%e0%a5%8d%e0%a4%9e%e0%a4 %aa%e0%a5%8d%e0%a4%a4%e0%a4%bf-9/https://president.gov.np/%e0%a4%b5%e0%a4%bf%e 0%a4%9c%e0%a5%8d%e0%a4%9e%e0%a4%aa%e0%a5%8d%e0%a4%a4%e0%a4%bf-9/ 7. https://president.gov.np/%e0%a4%b8%e0%a4%ae%e0%a5%8d%e0%a4%ae%e0%a4%be %e0%a4%a8%e0%a4%a8%e0%a5%80%e0%a4%af-%e0%a4%b0%e0%a4%be%e0%a4%b7 %e0%a5%8d%e0%a4%9f%e0%a5%8d%e0%a4%b0%e0%a4%aa%e0%a4%a4%e0%a4%bf- %e0%a4%b6%e0%a5%8d-111/ Nepal Human Rights Year Book 2021 59 than 50 bills registered for law making. an updated map of Nepal, by more than However, the winter session ended in two-thirds of the votes. The meeting of March due to a nationwide lockdown to the House of Representatives on June control the COVID-19 pandemic. Similar- 13, 2020, approved a historic govern- ly, the budget session passed only bills on ment proposal on the map of Nepal that budget and expenditure. Immediately af- included Limpiyadhura – Nepali terri- ter the end of the winter session, the gov- tory encroached by India. The vote for the ernment issued an ordinance on the divi- amendment of the Constitution, had 258 sion of political parties and the Constitu- votes in favor and none against. Speaker tional Council that became controversial Agni Sapkota had announced that the even within the ruling CPN. However, amendment bill was passed by more than following widespread protests, the gov- two-thirds of the votes in the 275-member ernment had withdrawn the ordinances. parliament. A two-thirds majority of the When the country was plagued by total number of members is required to the corona virus pandemic, various issues approve amendment to the Constitution. of public importance entered the parlia- The Government of Nepal had released a ment’s zero hour, which through various new political map of Nepal on May 20, in- resolutions helped to the government to- cluding the Limpiyadhura, Kalapani Lip- wards addressing the matters of public ulek areas.11 interest. However, it too did not stay in The Secretariat of the Federal session for long. The parliament is the Parliament issued a notice on July 9, most important platform for people’s rep- 2020 announcing the vacation of the seat resentatives to influence public policy, the held by the Janata Samajwadi Party MP, decisions to be taken by the government, Sarita Giri.