Dialogue Held on National BudgetAllocation in a HR Perspective

National Human Rights Commission of NepalHarihar Bhawan, Lalitpur, Nepal July 2011Issue 1Volume 7

Human Rights Bulletin

Kathmandu: Chairperson JusticeKedar Nath Upadhyay has said,'Although the current budgettends to appease all sections ofthe people, their human rightshaven't acquired adequate spacein national policies in pinpointedapproach.'

Speaking at the programmeentitled "Annual Budget for theGovernment Planning andPolicies (FY 2011/12) throughESCR Perspectives" jointlyorganized by the NHRC andNGOs Federation-Nepal, theC h a i r p e r s o n s a i d ,'Announcement of the budgetand mere policies do notguarantee human rights unlessit is based on human rights.Monitoring and evaluationmechanisms, on the other hand,would be detrimenant of whetherthe budget has reached theintended sections of people andhas been spent through thehuman rights based approach.'

Recalling UN Secretary GeneralBan Ki-Moon's statement 'Ournecessities are not fulfilledbecause our resources are limitedbut it is because our expectationsare limited', Chairperson said,'In order to hoist democracy,people's ESC rights should beensured in the first place and all

government mechanisms shouldbear absolute will power to makethis happen.'

Commissioner Ram NaginaSingh pointed out that thestudents' rights to education arein jeopardy now, since the feestructure in schools and colleges

have been revised overnightfollowing the announcement ofthe budget.

He further said that unless thecommitments in paper are putinto action with utmost sincerityon the part of the government

mechanisms, the rights toeducation for students, youths,civil servants, senior citizensand peasants would not besafeguarded.

Dr. Netra Timsina, President ofN G O F e d e r a t i o n - N e p a lp r e s e n t e d a p a p e r o n"Government Programme andPolicies in respect of EconomicSocial and Cultural Rights."

Dr Jagdish Chandra Pokhrel,former vice-chairperson of NPC,stated that monitoring is pivotalf o r w h i c h t h e r e l a t e dm e c h a n i s m s s h o u l d b estrengthened. He, however,speculated that since the budgetis highly dispersed, it is too earlyto bring HRB development tothe table. Expressing the lackingof in-depth values of humanrights focusing specially onESCR, he urged the NHRIs toprovide human rights orientationto the team formulating budgetin the days to come.

Prof. Gunanidhi Sharma, formervice-chairperson of NationalPlanning Commission, said thatsafeguarding the right toemployment is the only way outto uplift the living standard ofthe people. He observed that theproposed budget also contained

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National Human Rights Commission of NepalHarihar Bhawan, Lalitpur, Nepal July 2011Issue 1Volume 7

Announcementof the budget

and merepolicies do not

guaranteehuman rights

unless it is basedon human rights

Representatives of various stakeholder organizations participating in the programme

Kathamndu: Rights activists ofSouth Asia urged to establishan effective regional humanrights mechanism within theframework of SAARC Amidst2nd Sub-Regional Workshop onHR Mechanism in South Asiaorganized by Asian Forum forHR and Devt (FORUM-ASIA)and INSEC in Kathmandu on25-26 July 2011. The workshopwas inaugurated by CA ChairMr. Subash Chandra Nemwang.

At t he Workshop , t hecomprehensive discussion washeld on regional human rightsmechanism together with theparticipation of the civil societyin SAARC Process which wouldlead to address challenges facedby the region from the humanrights based approach.

Member Gauri Pradhan, onbehalf of NHRC-Nepal, sharedthe experiences for theprotection and promotion ofhuman rights and expressed thecommitment of the NHRC-Nepal to work with civil societyo r g a n i z a t i o n s f o r t h eestablishment of a regionalhuman rights mechanism inSouth Asia. Since the voice isnow being raised via meetingfor the establishment of regionalHuman Rights Instruments andMechanisms in the South Asiaregion, concrete initiative wouldbe taken in this concern,observed Member Pradhan.

The workshop concluded toestablish an informal workinggroup comprising of eminenthuman rights experts from SouthAsia to initiate dialogue andengagement with SAARC onthe promotion and protection ofhuman rights in South Asia.

Various NHRIs representativesand eminent human rights activistsfrom across South Asia werepresent in the workshop.

Rights Activists Call forEffective HR

Mechanism in SAARC

Photo Courtesy: NGOs Federation-Nepal

Lal i tpur : A 12 memberdelegation of Kamalari led byMr . Faka la Tha ru , t heProgramme Manager of a socialmovement for the liberation ofKamalari in Nepal, submitted amemorandum to the Commissionamidst a programme held atNHRC on July 8, 2011. Theyhave urged the Commission totake initiative for the interimrelief, long term rehabilitationand social re-integration of theKamalri who have beenundergoing acute suffering in themid-western region.

Kamalaris are learnt to have beenvictimized with perpetual sexualharassment at their work places.Many of them have fallen thevictims of rape by their ownlandlord or the kin of thelandlord. After they becomepregnant, many of them areforced to marry with the localhooligans after the latter are paidwith a bulk of money. As oftoady, 46 Kamalaris are learnt tohave been killed after theybecame pregnant. According toMr. Tharu, 11 Kamalris live withtheir illegitimate babies in hand.

In recent days, however, with

the awareness campaign beinglaunched in the region from timeto time, many Kamalaris havebeen rescued and thei rrehabilitation and social re-integration processes are

underway at the initiation oflocal NGOs and other socialorganizations working in thefield for women’s rights.

These ill-fated girls, who havebeen victimised with such evilpractice of Kamalari, aredeprived of many basic humanrights including the right to livein dignity and right to education.

Speaking at the programme,Chairperson Justice Kedar NathUpadhayay said that since thedelegation has presented amemorandum with great hope,the Commission would do its

best to have their demandsfulfilled by the government.

Member, Justice Ram NaginaSingh said that the Commissionhad taken up Kamalri issue inthe past as well and eventuallyissued directives in the name ofthe government upon sendingrecommendations.

A c k n o w l e d g i n g t h eMemorandum, Member Singhassured the delegation that theCommission will look into theissue serisously and ask theGovernment about the progresson the issue of Kamalaris.

Member / Spokesperson GauriP r a d h a n s a i d t h a t t h eCommission would study thedraft guidelines devised by theconcerned organization andcoordinate with Kailali Officeto send in the ‘truth findingc o m m i t t e e ’ t o a c q u i r ei n f o r m a t i o n a b o u t t h edevelopment with regard to theinterim relief of the Kamalarispecially focusing on theirrehabilitation and social re-integration. He assured that theCommission would exertpressure on the government tobuild the minimum standard toaddress the problem ofkamalaris.

At the programme, ChairpersonUpadhyay, members duo RamNagina Singh and Gauri Pradhanincluding the representatives ofFKDF and NHRC officials werepresent.

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Continued from page 1

praiseworthy measures toencourage domestic investmentbut feared that allowance offoreign investment in stock anda p a r t m e n t a r e a s w a sunreasonable and would invitenegative effects in the long run.

CA Member Sita Poudelemphasized that since the budgetallocated to the Ministry ofWomen, Children and SocialWelfare would be too meager,allocating more budget throughthe Ministry can bet tercontribute to promote humanrights of the disadvantaged.

Dr. Trilochan Upreti, Secretary,Office of the Prime Ministerpointed out that problems do not

lie in plan and policies but it istheir implementation which isin dismal state. He, however,s t r e s s e d o n e c o n o m i cdevelopment, rule of law andmerit based system which wouldhelp uplift the impoverishedstatus of the general people. Dr.Upreti assured about the budgetimplementation for the courtdecision and establishment ofan award for outstandingcontribution in the field ofhuman rights.

D.B. Basnet, Federation ofN e p a l e s e C h a m b e r o fCommerce and Industry(FNCCI) informed that "Onevillage - One product" and"Koseli Ghar” are the ones

launched with the human rightsperspective focusing on the ruralsector.

Moderated by Member GauriPradhan, the floor was open fordiscussion in which thefeedbacks were collected from23 representatives of variousparticipating organizations.

During the discussion, theystressed on the human rightstraining programme to the budgetformulating team, emphasis onESCR in Karnali, impediment tothe land plotting so that irrigationcanal can be easily accessed,insurance for the farmers, rightsof persons with disabilities andmetally disabled people, good

governance with transparency andaccountability and empowermentof the women employees.

The programme was the first inits kind to discuss on the AnnualBudget on Government’sPlanning and Policies throughESCR Perspectives amidst largeparticipation of the stakeholders.

At the programme, Jyoti Baniya,Arjun Bhattarai , SanjayBanatawa, Devendra Adhikari,Matrika Devkota, ManjuGurung, Sharmila Karki,General Secretary of NFN alsoshared thei r v iews andsuggestions.

NHRC to Advocate for Social Reintegration ofGirl Bonded Labourer (Kamalaris)

Dialogue Held on National Budget ...

Kamalaris delegation representative presenting thememorandum to Members R N Singh and Gauri Pradhan

3

Lalitpur: The National HumanRights Commission has drawnthe attention of the HomeMinistry and Nepal Policetowards the implementation ofthe NHRC recommendations onJuly 13, 2011. At a dialogue heldat the NHRC, the Commissionexpressed deep concern over thedelay in the implemention ofNHRC decisions and emphasizedon the need of seriousness of theGovernment agencies.

Drawing attention towards theneed of expected improvementin peace and security situation,

incidents of killing and violencein the country, 18 incidents ofunlawful killings as furnishedin the NHRC report last year,arbitrary arrest, increasing rateof criminal activities in Terai,excessive use of force by thesecurity personnel at ShankerDev Campus students, NHRChas asked the governmentmechanisms to be more serioustowards the protection of humanrights and to develop amechanism to ensure peace andsecurity in the country.

At the programme, the

discussions were held on theincident of rape of SuntaliDhami by the secur i typersonnel, custodial death ofSanu Sunar at Kalimati PolicePost, murder of NHRC staffDayaram Pariyar, incidents ofJanakpur killing includingSanjeev Karn, Kotbada ofKalikot, killing of Arjun Lama,killing of Krishna BahadurAdhikari at Gorkha Phujel VDCa n d o t h e r N H R Crecommenda t ions ly ingunimplemented.

At the discussion programme,

the consensus was reachedbetween the security authorities,Home Ministry and theCommission to have effectivecollaboration for the humanrights training and promotionalactivities in the days ahead.

At the programme, the membersduo Ram Nagina Singh, GauriPradhan, Home SecretaryLilamani Poudel, InspectorGeneral of Police RabindaraPrata Rana, personnel of Nepalpolice and NHRC Secretary andofficers were also present.

Home Secretary and Chief of Nepal Police Urged to Expedite

Implementation of NHRC Recommendations

Rights Bodies ReiterateRatification of Rome Statute

Lalitpur: The book entitled'Implementation of Rome Statue’published by Informal SectorService Center (INSEC) waslaunched amidst a programmeheld at NHRC on July 21, 2011.

Speaking at the programme,Chairperson Justice Kedar NathUpadhaya said, 'Some crimesare of serious nature and thestate actors often have hand insuch crimes. The ratification ofICC Rome Statute would,therefore, ease the way to bookthose involved in crimes.' Headded that the implementationof the statue would help mitigatethe culture of impunity. '

At the programme, Subudh RajPyakurel, the Chairperson ofINSEC said, 'Implementation ofRome Statute has been indisputably

inevitable to strengthen the nationaljudiciary system.'

Raghav Lal Baidhya, Chairpersonof National Judiciary Academysaid that the publication of thebook has helped build thefoundation for the ratification ofthe Rome Statute.'

At the programme, the NHRCCommissioners, representativesf r o m t h e h u m a n r i g h t sorganizations, civil societymembers, security personnel, mediapersons, NHRC officials and otherstakeholders were present.

In this concern, it can be recalledthat NHRC had published abook containing the rationalewith regard to the ratification ofRome Statute and recommendedto the Government to ratify theRome Stature way back in 2008.

Lalitpur: The team deployed bythe NHRC monitored on the sit-in programme in front of the UNHouse on July 28, 2011. Theprograame was organized by theIDUS Advocacy Trask Force.

During monitoring, the team wasinformed that there are 46thousand 3 hundred and 10 durgusers. Most of them are said tohave been infected from HIVand Hepatitis.

UKAID had brought theprograame for the treatment anddamage mitigation of drug usersu n d e r I n t e r n a t i o n a lDevelopment Projects throughDFID way back in 2005. Theprogramme was discontinuted

from July 15, 2011 leaving somany beneficiaries deprived ofthe treratment. Following this,demonstrators had organized thesit-in programme demanding theallowance for the entry into theUN primises to persent the letterof memorandum.

A m i d s t t i g h t s e c u r i t yarrangment, the demonstratorswere reported to have beenobstructed to hand over thememorandum to the UNDPHead. Over all, the sit-inprogramme was found to bepeaceful.

The monitoring team comprisedof HR officers duo Gita KumariDahal and Maya Devi Sharma.

NHRC Monitors Sit-in ProgrammeDrug Users urge Resumption of

Treatment Benefit

Chairperson Upadhyay, Member Ram Nagina SinghChairperson of INSEC Subodh Raj Pyakurel among others

at the book launching programme organized at NHRC

NHRC monitoring team clearing mud slide on their way toKavre, a district closeby Kathmandu

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The NHRC is an independent andautonomous body established on May 26,2000 under the Human RightsCommission Act of 1997. The section 15of the Interim Constitution of Nepal-2007has elevated the Commission to aconstitutional body. The Article 132 ofthe Constitution has provided theCommission with mandates. Apart formthis, section 9.4 of the ComprehensivePeace Accord (CPA) signed betweenGovernment of Nepal (GoN) and the thenCPN (Maoists) on November 21, 2006has given responsibility to the NHRC tomonitor human rights stated therein.

The period of armed conflict (1995 -2063)has remained extremely painful. Duringthis period, estimated 16,719 people losttheir lives and 3,347 people were said tohave been disappeared. Based on theCommission records, the whereabouts of835 people among the total disappearedis still unknown. The prolongation of thesituation still persists. Around 80 thousandpeople are found to be displaced, 964people are found inflicted with torture andthe land properties and house of thousandsare claimed to have been arbitrarilyconfiscated.

The conflict related data depicts gloomypicture of human rights situation of Nepal.Amidst such scenario, the signing of CPAwas done between the conflicting parties(GoN and the then CPN (Maoists)) inorder to address the situation. Theformation of the transitional justicemechanisms such as the Truth andReconciliation Commission (TRC) andthe Commiss ion on En fo rcedDisappearance stipulated in the CPA inthe Article 33 (L) of the Interimconstitution is delayed.

Thousands of complaints are registered atNHRC on the violation of human rightsthat took place during and after the conflictperiod. The Commission has been carryingout monitoring and investigation on thesecases. As a part of the procedures, NHRCreceives statements from victims andstakeholder concerned, collects proof andevidence including the activities relatingto the exhumation of human remains.Accordingly, the Commission has beensending its recommendations to the GoNto provide relief and compensation to the

victims. In addition, Commissionrecommends for legal action against theperpetrators.

The Commission has been encouraged by

the statement of the Rt. Hon. PrimeMinister on May 27, 2011 about theprogress made by the present governmenton the implementation of NHRCrecommendations and GoN’s commitment

for the protection and promotion of humanrights. However, some of the stateauthorities haven’t registered complaintson the incidents of human rights violationsthat occurred during and after the conflictperiod. In addition, the increasing practiceof withdrawing the court cases by thegovernment has reversely affected inimplementing NHRC recommendations.The incidents of giving rewards to theperpetrators of human rights violationshave altogether encouraged the violationof human rights and culture of impunity.

In some cases, some GoN authorities havecorresponded to the Commission statingthat TRC mechanism would be appropriateto carry out investigations over somecomplaints registered at the Commission.The nature of the content of letter impliedlytends to limit the constitutional mandatesof the Commission. The attention of theCommission has been drawn to thosecorrespondences. The Commission,therefore, would like to clarify on theissues.

Even after 4 years and 6 months ofComprehensive Peace Accord (CPA),neither the Truth and ReconciliationCommission (TRC) nor the Commissionon Enforced Disappearances has beenformed. In addition, NHRC–Bill has notbeen passed. The governments formedone after another withdrew the criminalcases that deserved the legal action andpunishment. More cooperation is expectedfrom the Government for the investigationproceedings by the Commission in whichthe responsible state authorities are foundto be involved in the commission ofoffenses and crimes against humanity.Although, limited ‘interim relief’ has beendistributed, the Commission expressesconcern over the worrisome situationpertaining to the Government beingdispirited to deliver justice to the victimsand legal action against the perpetrators.

The directives of the government officialscan not limit the Commission’s mandatesunder Article 132 of the InterimConstitution. The Supreme Court on June21, 2011 has also clearly pronounced thatthe country cannot be pushed to the legalor institutional vacuum by giving thestatement that the Commission doesn’tdeserve the liability to carry out

Excerpts of the NHRC Decision

NHRC Observation and Decisions on TransitionalJustice System for the Protection of Human Rights

The intent of suchcommunications would

– intervene in the NHRC mandates andtheir implementation.

– intervene the investigation activitieson the complaints remaining pendingand registered prior to its elevation tothe Constitutional body.

– Serve as an obstacle to the fulfillmentof the NHRC’s main responsibilitiesstated in sections 9 and 11 of theHuman Rights Commission Act, 1997.

– Hinder the monitoring on theinvestigation of human rights situationas stated in section 9.4 of the CPA –2006.

– Paris Principles endorsed by the UNCommission on Human Rights andthe UN General Assembly - 1993 hasprovided wider mandates to theCommission. It also provides that thatthe Commission should be competentto work for the protection andpromotion of human rights enablingto drawing at tention of theGovernment to human rights issuesincluding making recommendationsas deemed necessary.

– The victims would face thedeprivation of justice due to theobstruction in the relentless activitiesof the Commission on the incidentsof grave violations of human rightsthat took place during the insurgencyperiod.

– It would go against the spirit ofSupreme Court verdict which statesthat it is the duty of the Governmentto comply with the recommendationsand orders passed by the Commission.

participants towards end of theprogramme.

At the end of the training, theparticipants, expressing their

thanks, suggested to have thefollow up programme in nearfuture and also take such trainingto the remote districts of thecountry.

5

investigation activities on the complaintsfiled during the armed conflict andeventually the TRC would look into thosecomplaints which is yet to be formed. TheCommission, however, in coordinationwith Nepal Police has given continuity toits constitutional responsibility in variousactivities including the exhumation ofhuman remains of five victims includingSanjeev Karn in September 2011 andFebruary 2011 who were said to have beenkilled by the Army personnel. TheSupreme Court verdict states that the

international instruments on human rightsto which Nepal is party shall be equal tothe national laws, in accordance withArticle 9 of the Nepal Treaty Act – 1990.

The NHRC mandates would not be limitedin the context of specific jurisdictiondelineated for TRC. After the formationof TRC, the Commission wouldunquestionably extend necessarysupport to it.

As the NHRC has been working under its

mandates, it reiterates that the Governmentought to contribute to fulfill its work forthe protection and promotion of humanrights. The delays in the passage of thebill would develop negative feeling amongthe people in general as that mayencourage the state of impunity in thecountry. The commission maintains itsconfidence about the presumption of theconcerned officials of the GoN on theconsequences of dilly dallying in thejudiciary process at the end of the day.

Excerpts of the NHRC Decision

Kanchanpur: Human rightsdefenders including the mediapersons of far-west attendedhuman rights training inKanchanpur on July 25-26, 2011organized by the NHRCRegional Office, Dhangadi. Theobjective of the programme wasto train human rights defendersand media persons in the districtand surrounding.

The training was intended forthose human rights defenderswho hadn't undergone formalHR training in the past. Theselection criterion of the trainingwas based on the institutionalrepresentation, gender andinclusiveness. A total of 32participants attended the trainingprogramme. Acting DirectorTikaram Pokharel and HROfficer Pawan Bhatta includingother two local human rightsworkers of the area facilitatedthe sessions of the training.

Prior to the training session, the

participants expressed theirexpectations on various issuesand areas of human rightsincluding the NHRC activities,monitoring and investigation,difference between human rightsv i o l a t i o n a n d c r i m e s ,relationship between policeadministration and human rights,functions, duties and rights ofthe HR defenders, child rights,

women's rights and caste baseddiscrimination.

During the training, the groupsessions were held on nationaland international laws, localhuman rights issues, humanrights monitoring, investigationand facts finding on the incidentsof human rights violations,human rights and civil society.

The participants were learnedto have enr iched the i rknowledge on human rights andthe role of NHRC. Feedbackswere collected from the

Training for HR Defenders Held in Far West

Pokhara: The training entitled‘Human Rights’ was organizedby the NHRC Western RegionalOffice, Pokhara on July 8, 2011.

The objective of the training wasto familiarize the stakeholderswith ‘Declaration on BasicPrinciples on Crimes and Abuseof Authority and Justice toVict ims-1985’ includingnational laws and mechanismsfor the protection of humanrights of victims.

Honorable justice KishoreSilwal and the chief of the Officeof the District Attorney ShivaRanabhat presented paper on thestipulated topics.

F o l l o w i n g t h e p a p e rpresentation, the floor was openfor the participants for theircomments and feedbacks. Theparticipants came up with theview that the there hasn’t beenclear definition about the victimsand laws with regard tomechanism for the protection ofrights of victims. They unveiledthat though there exist laws inthis regard, they are vague andscattered. Similarly, there hasn’tbeen any laws and mechanism

for the protection of witness.The stakeholders pointed outthat the concerned stakeholderswere not aware about theprevalence of the Declarationon Basic Principles on Crimesand Abuse of Authority andJustice to Victims, 1985.

At the programme, it was madeknown that the Declarationcontained the clear definition ofthe victims including theprotection and rights of victims,provision of compensation asper the articles ranging from 1to 21. The par t ic ipantsunanimously stressed thatpublicity of this is inevitablealong with the formulation ofnational laws and mechanism.The participants also came upwith the view that such aprogramme should be taken toall the regions for the protectionand promotion of human rights.

At the p rogramme, 22participants including the chiefand representatives of Nepal BarAssociation, representatives ofNGOs, media persons and theall the staff members of NHRCregional office participated inthe training.

Stakeholders Familiarised withJustice to Victims in West

HR Defenders and Media Persons taking a group photoafter the training session

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Biratnagar: Like past year,NHRC Eastern Regional Office,Advocacy Forum and INSECjointly organized a programmeon June 26, 2011 to mark theInternational Day againstTorture in support of victims oftorture. The participants of theprogramme comprised of theofficials from security agencies,human rights defenders, legalprofessionals, chiefs of thehealth sector and the NHRCstaff members.

At the programme, DistrictAt torney Punya Pa thakpresented a paper on the legalprovision and the presentsituation with regard to thehealth check-up of a person priorto sending the person/s todetention. The security officials,human rights workers and legalprofessionals offered theircomments and suggestions onthe content of the paper.

A t t h e p r o g r a m m e ,comprehensive discussions wereheld in which the Chief DistrictOff icer , Binod Singh -Superintendent of Police,Koshraj Neupane - NHRCRegional Head, Dr. Bidur Wosti- Noble Medical College,

Umakan t Jha -Med ica lSuperintendent of Koshi ZonalHospital, Manjita Upadhyay -h u m a n r i g h t s w o r k e r ,Chandramani Neupane- SeniorA d v o c a t e u n a n i m o u s l yexpressed their view that thetorture is absolutely anduniversally prohibited. Theyopined that the difficulties facedin the practical term would bemitigated if due respect is givento person's fundamental rights.The programme was facilitatedby Balkrishna Acharya ofAdvocacy Forum.

The Convention against Tortureand Other Cruel, Inhumanor Degrading Treatment orPunishment came into force onJune 26, 1987. It was animportant step in the much-needed process of globalizingh u m a n r i g h t s a n dacknowledging that torture, andall forms of inhuman ordegrad ing t rea tment o rpunishment, are absolutely anduniversally illegal. In 1997, theUnited Nations GeneralAssembly decided to mark thishistoric date and designated 26June each year as InternationalDay in Support of Victims ofTorture.

Int'l Day against Torture observedRights Bodies organize programmes to mark the Day in East

Bira tnagar : NHRC andWOPERDEC jointly organizedtwo day orientation programmeon Human Rights from 6 to 7June, 2011 in Biratnagar. Thesecretaries from various VillageDevelopment Committees ofMorang district and therepresentatives of human rightsNGOs participated in thein te rac t ion p rogramme.

The programme covered variousareas and issues such as conceptand development of humanrights, enforcement mechanismof human rights and monitoringand investigation processincluding the role of human

rights defenders.

Participants of the programmesaid that the orientationprogramme was a learningforum for them. The concludingceremony of the programmew a s c h a i r e d b y t h eWOPERDEC ChairpersonSanju Shah. NHRC DeputyDirector Kosh Raj Neupane, inhis closing remark, mentionedthat NHRC has been frequentlyorganizing orientation andeducation programme on humanrights. He also stressed on theneed for collaboration with thecivil society and variousorganizations active in the area.

VDC Secretaries Oriented on HR in East

Biratnagar: NHRC RegionalOffice, Biratnagar, in collaborationwith the District Education Office(DEO), Jhapa, INSEC and IDFJhapa organized a one dayworkshop on ''HRE in School:Practice and Challenges inBirtamode, Jhapa on June 11, 2011.

During the programme HROfficer Nanda Prasad KishorYadav presented a paper on

theoretical aspects and HumanRights. Similarly, NilmaniKhanal, Officer from DEO,presented a paper on HRE inschools. The workshop wasconcluded wi th var ioussuggestions to improve theexisting school curriculum andteaching method on humanrights. Forty five representativesincluding high school teachersparticipated in the programme.

Teachers undergo HR Educationworkshop in East

Kathmandu: The monitoring teamdeployed by the NHRC carriedout monitoring on the conditionof a mentally ill youth at Tinkune,Kahtmandu on July 3, 2011. Theyouth was reported to have beendiscarded by the family. As perthe locals, the youth dependedupon the wasted food stuffs ofthe roadside hotels for the lastcouple of years. The team alsohad discussion with the securitypersonnel of the Tinkume policepost.

During the monitoring, theyouth was found to be mentallyill and neglected by the family.On being requested, the officials

of the Tinkune police post saidthat they could take the youth

to the mental hospital/Asylumat the most. Expecting the

advice form NHRC, however,the officer concerned said that

they would take some initiationif there exists any legal

provision for the betterment ofthe ill-fated youth.

The team discovered that thes ta t e hasn ' t made anyarrangement for the mentally illpeople and at the same time thehospitals, though in existence,wouldn't easily agree to takeunattended mentally ill personfor necessary care andtreatment. The team, therefore,urged to write to the concernedgovernment offices with regardto the mentally retarded peopleand their care. The monitoringteam comprised of HR OfficerBhim Prasad Oli and InternSunita Tamang.

NHRC Initiative in Monitoring Rights of Mentally Ill Persons

The resident of Teenkune briefing about mentally ill youthto the NHRC monitoring team

Lalitpur: In a bid to evoke thesense of responsibility of theconcerned authority, NHRCsummoned the Director Generalof the Prison ManagementDepartment on July 7, 2011 anddrew his attention towardsvarious problems faced by theprisoners in the central jail andother prisons located nationwide.

Having monitored in the centraljail, NHRC unveiled that thecentral jail utterly gives theimpression of a place for torturerather than a place forreformation of the inmates.

During the discussion, the

Director General was also madea w a r e t h a t t h e N H R Cmonitoring team wasn't giventhe access to the prison inPyuthan.

S i m i l a r l y , t h e p r i s o naccomodated more inmates thanits capacity in many districtsincluding Banke, Morang andNavalparasi. The inmates of theJajarkot prison suffered frominhuman treatment in the nameof law enforcement. The prison'srecord revealed that they werenot regularly monitored by theconcerned CDOs or otherjudiciary authority. The prisonslack other amenities such as thel ibrary , communicat ion ,recreation and sanitation.

Security inside the prisons wasfound to be very weak. It islearned that the emergence ofcriminal offenses is frequent in

those prisons. Similarly, therehas been cases of homicideinside the prison that have beenreported from time to time. Therecommendations on the prisonreformation made by NHRChasn't been implementedaccordingly.

Days after the dialogue withB i s h a l K h a n a l , s e n i o rmanagement - NHRC andDurga Prasad Bhandari, theDirector General of the PrisonManagement Department, thelatter issued a circular to all thedetention facilities and prison(prisons) across the countrydirecting them to provide full

access to NHRC teams tomonitor the rights of theprisoners and detainees inconfinement.

In addition, expressing his fullcommitment, the DG of thePrison Management informedthe Commission that he wouldwork hard to ensure the rightsof inmates for which the longterm and short term strategiesand activities would require.

Meanwhile, the team comprisingof the Deputy Director YagyaPrasad Adhikari and PublicRelation Assistant KhimlalSubedi of NHRC regional office,Pokhara conducted monitoringfrom July 22 -25, 2011 on thecondition of the prison inTanahu district.

During the monitoring, theyf o u n d t h a t t h e p r i s o n

administrative staff never hadhad the opportunity to undergothe formal human rights training

in the past. Most of the minorinternal activities of the prisonwere performed by the inmatesassigned as Chowkidar (Guard),leader and his associate.

It was found that the personneldeputed for the security of thep r i son and t he p r i sonadministration didn’t havea d e q u a t e c o o r d i n a t i o n .However, the official records ofthe inmates and their activitieswere found to be wel ldocumented. As per themonitoring team, it wasn’t thatshocking to discover that 95inmates including the mentallyi l l and the s i ck wereaccommodated in the space of25 inmates. The prisonadministration was learnt to haveinformed about this to the higherlevel authority but no action istaken to sort out the problem asper the prison administration.Also, the security situation oft h e p r i s o n w a s f o u n dconsiderably vulnerable andweak.

However, the training forincome generating or life -skilllearning such as handicraftproduct was made available tothe inmates. Nonetheless, theprison administration was foundto be liberal in arranging for thelegal counseling, access to thecourt, and initiation for theprompt justice delivery to the

inmates. No inmates were foundto be inflicted with physical ormental torture.

NHRC Regional Off icePokhara, in its report, hasrecommended the national andinternational laws with regardto the rights of prisoners andimplement them accordingly,establish the separate prison forthe female inmates, allowancea n d a w a r e n e s s r a i s i n gprogramme for the inmates.

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Director General of Prisons called on to NHRCAttention drawn to miserable condition of the prisons

Lalitpur: NHRC held a meetingwith the officials including theSecretary of Peace andReconstruction Ministry on July19, 2011. In the meeting, it wasdiscussed that interim reliefwould be disbursed to 43 victimsof disappearance from Godar(Dhanusha), Bahiravnath Ganaand others. Further discussionswere held to resolve the decisiono n t h e p r o v i s i o n o fcompensation with regard to theconflict related cases. In themeet ing , comprehensivediscussions were held on theimplementation of the NHRCrecommendations.

Meeting held withPeace and

Reconstruction MinistryVictims of

Disappearance toreceive Interim

Relief

NHRC officials having discussion with the prisonadministrative officials at Tanahun District in West

NHRC team and prison official during the monitoring on thecondition of district prison in Tanahun in West

Lalitpur: NHRC in coordinationwith Radio Sagarmatha (RS) FM102.4 M Hz. has commencedhuman rights related radioprogramme entitled Sachetanasince March 2010 through RSand its 11 network radio stationslocated at different regions of thecountry. In the first year ofbroadcasting, there were only 9radio stations to broadcast thisprogramme; but with thebeginning of the 2nd year, threemore radio stations have beenadded. The half-an-hour weeklyprogramme, supported byStrengthening the Capacity ofNat iona l Human RightsCommission (SCNHRC) Project,is based on NHRC’s strategicobjective of promoting humanrights awareness andeducation in society byd e v e l o p i n g a n ddisseminating humanr i g h t s f r i e n d l yinformation, education

and communication (IEC)materials. Sachetana coversdiverse issues of human rightsthrough various segments suchas radio features, reports, newsand discussions. The majorobjec t ives of the radioprogramme are to spreadknowledge of NHRC mandates,role and activities among thegeneral public, reinforce theimplementation of NHRCrecommendat ion, and tocontribute in building a humanrights and peace-friendly society.

Radio Sagarmatha is the firstcommunity radio station inSouth Asia and has been raisingissues of public concern sinceits establishment in 1997.

Lalitpur: The NHRC organizedan orientation programmeamong the second batch ofinterns on June 9, 10 and 11,2011 respectively taken underS C N H R C p r o j e c t . T h eprogramme was organized withthe objective to orient andintegrate the fresh interns intothe NHRC functions, mandates,overall working system onhuman rights and various otherHR related issues.

The internship programme,which covered a period of sixmonths, completed successfullyin 2010. Having found theeffectiveness of the internshipprogramme on human rightsamong the aspiring youths onhuman rights, the second batchof 10 interns has been selectedand deployed in variousdepartments under NHRCbeginning June, 2011.

Following the orientation

programme, the in ternsunderwent an intensive trainingon wide range of human rightsissues through a participatoryand interactive approach.

The training was provided onvarious themes and areasincluding NHRC's structure,mandates, functions andactivites, Human RightsInvestigation and Monitoring

Process, Evolution of HumanRights, International HumanRights Instruments , UNConventions on Protection ofH u m a n R i g h t s ( C o r eConventions), NHRC’s Role onEconomic Social and CulturalR i g h t s , H u m a n R i g h t sP r o m o t i o n a l A c t i v i t i e s(Education and Training)Investigation and monitoring,

Civil and Political Rights, Rightsagains t Tor ture , Racia lDiscrimination, Fundamentaland Constitutional Rights,Unlawful Killing, NHRC’s Rolein Advisory Services to theGovernment on InternationalHuman Rights Obligation andNational Laws Relating toHuman Rights, Trafficking inpersons specially on Womenand Children, Convention on theRights of Child (CRC), Situationof Nepalese Women and NHRCactivities for Women's Rightsand so on so forth.

NHRC had followed theprinciple of inclusiveness whileselecting the Interns. Theybelong to various marginalizedcastes and ethnic groupsrepresenting the communities ofDalit, Madhesi, Aadivasi andJanjati (Indigenous ethnics). Of10 interns, 8 of them arefemales.

Please send your feedback about the NHRCe-newsletter to nhrc@nhrcnepal.org

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Editors : Nawin Chandra Gurung, Bhanubhakta Acharya and Kailash Kumar Shiwakoti

National Human RightsCommissionHarihar Bhawan, Lalitpur.NepalPhone : 00977-1-5010015(Hunting Line)Fax : 00977-1-5547973, 5547976Email: nhrc@nhrcnepal.orgWebsite : http://www.nhrcnepal.org

Orientation to NHRC Interns

Shree Ram Adhikari, HR Officer facilitating HR training tothe fresh batch of interns

Lalitpur: With the slogan‘Promoting Human Rights andCulture of Peace through YouthInitiative,’ a workshp-cum-interaction entitleing ‘Awarenessthrough Mass Teaching’ was heldamong the students of variouscolleges of the Capital who visitedNHRC on June 16 June, 2011.

The participating studentsexpressed their expectationswith regard to various aspectsof human rights cases and theactivities that the Commissioncarries out.

HR Officer Suresh Mallapresented the paper on the roleof NHRC. Secretary Khanalposed some queries before theparticipating students for‘reflecting sharing.’ SecretaryKhanal made it clear thatincidents of human rightsviolations and crimes are notanalogous as is perceived by thepeople in general.

Responding to the queries andconcerns ra ised by theparticipants, Director BedBhattarai and other HR officialsenumerated on various aspectsof human rights. During theprogramme, the students werelearned have enriched theirknowledge on human rights andthe role of NHRC. Expressingthanks the participants suggestedto have this type of programmefor the youths that would helpthem work for human right andhumanity in future.

38 students from KMC CollegeR.R College Shanker DevCampus, White House College,Bard College GGIC Tri ChandraCollege, Global College ofMgmt, Thames Int’l College,P a d m a k a n y a C o l l e g e ,Kathmandu University, Conflict,Peace & Development andStudies participated in theprogramme.

College Students Enrich HR Knowledge HR Culture Promoted through Radio

publication supported by SCNHRC Project