Lalitpur: Prime MinisterJhalanath Khanal has pledgedto have the bills related to Truthand Reconciliation Commission(TRC) and Commission onE n q u i r y o n E n f o r c e dDisappearances endorsedthrough parliament at theearliest. Speaking at theprogramme organized to markthe 11th Anniversary of NHRC,PM Khanal also assured that thenew NHRC bill would bediscussed in the parliament forendorsement with amendmentsmade as per the HR standardsset by the Paris Principles.

At the programme, ChairpersonJustice Kedar Natha Upadyaysaid, 'The challenges of humanrights augmenting one afteranother in the aftermath of thecessation of hostility and thedefault to the formation ofmechanism for peace processduring the transitional periodhave deepened the frustrationamong the victims of conflictand their family.'

He said, 'Even after the elapsing4 years of Comprehensive PeaceAccord (CPA) the Commissionon Enquiry on EnforcedDisappearances and the Truth

and Reconciliation Commissionare neither formed, norconfiscated property during theperiod of conflict was returned

to the rightful owners and northe problems of displacedpersons were resolved whichaltogether is a reflection of the

ineffectiveness of the state.'

The Chairperson added that ifthese issues are kept unaddressed,there is possibility of reemergenceof untoward occurrences such asviolence and killings. Expressinghis dissatisfaction over thewithdrawal of criminal chargesby the government , theChairperson said that the NepalGovernment's stand on impunityhad been questioned nationally

and internationally as fair and freeinvestigation on the criminalcharges against a Minister holdingthe Office could not be made

National Human Rights Commission of NepalHarihar Bhawan, Lalitpur, Nepal May 2011Issue 11Volume 6

Human Rights eBulletin

Govt. Urged to end Dilly Dallying in EstablishingTransitional Justice Mechanism

The challenges of humanrights augmenting one afteranother in the aftermath ofthe cessation of hostility andthe default to the formation

of mechanism for peaceprocess during the

transitional period havedeepened the frustration

among the victims of conflictand their family

1

Continues on page 3

NHRC Day Special

Copy of letter received from Govt.

Lalitpur: Member Justice RamNagina Singh said that thecriminals of any sort should notbe given undue relief. Drawingthe attention of the participantsto both judiciary and quasijudiciary system, Member Singhalso threw light on the casesfiled during the insurgencyperiod which, he said, would betaken care by the TRC but at thesame time he expressed hisbewilderment as to who wouldlook into to the cases field beforethe armed conflicts. MemberSingh also emphasized to ensurethe rights of the senior citizensto be provisioned in the would-be reformed draft bill.

NHRC is all set to review theBill on Criminal Penal Code.Some of the provisions in theCode a re found to becontradicting with the Nationaland International human rightss t anda rd and thus t heCommission has urged to amendthe provisions before they areendorsed through the Parliament.

The Expert Gun Nidhi Neupanepresented the paper on the draftbill. The expert Neopane waslearnt to have studied andprepared the report taking intoconsideration whether or not thedomestic laws tend to contradictwith the international laws. Thee x p e r t h a s a l s o d o n e

comparative studies of variousinternational instruments. Mr.Neupane pointed out a numberof provisions that contradictedwith the human rights standards.

It can be recalled that the draftbill was submitted to the thenNepal Government way back in2034 BS for reformation ofcriminal justice administrationbut wasn' t brought intoenforcement then.

Representing the genderminority groups, ManishaDhakal said 'The conservativeoutlook and notion of genderdiscrimination have curtailedour freedom of expression and

movement in the society. Attimes, we also become thevictims of rape and violence orsexual harassment. The currentbill should ensure our rights asequal to those of other citizens.'She also underlined the need ofexclusion of clauses in the lawthat further stigmatizes the thirdgender people.

CA member, Sunil Babu Panturged that the discriminatoryAct should be reformed therebyremoving the unfriendly words.He wondered as to what makesthe people in power stop indoing so. He, therefore, appealedto the Commission to hold aspecial programme on the thirdgender community in this regard.

Shashi Upadhya of ProtectionForum, Tirtha Bastola ofNat ional Human RightsAcademy, Sarita Gyawali ofNHRC also spoke on theoccasion.

The part ic ipants of theprogramme comprised of therepresentatives of various humanrights organizations, HRactivists, Legal professionals,CA members and Securitypersonnel.

2

NHRC to Review Law on Criminal Penal Code

possible. The latest commentgiven by the Home Minister withregard to the withdrawing of thecriminal charges is many timesworth denouncing, said theChairperson.

According to NHRC Member/Spokesman Gauri Pradhan, onlye i g h t p e r c e n t o f t h erecommendations were fullyimplemented until last year.However, as per the report sentto NHRC by the Office of thePrime Minister and Council ofM i n i s t e r s , t h erecommendations, most ofwhich were in a state of non-implementation until last year,

have seen some progress. 28percent (121 of the total 464)recommendations is claimed tohave been fully implemented,enumerates the report.

Making remarks a remark onthe Government report ,Chairperson Upadhyay said thatthe Commission is yet to verifyand ascertain whether or not thevictims have received the reliefand the perpetrators aresubjected to legal actions.

Ms Jyoti Sanghera, Head of theO f f i c e o f t h e H i g hcommissioner for HumanRights in Nepal (OHCHR-Nepal) said, 'It is both necessary

a n d u r g e n t t h a t t h eCommissions under thetransitional justice mechanismare established at the soonestwhich would pave the way toaddress the conflict relatedissues. We hope the mechanism-related bills will soon beendorsed and adopted consistentwith the international humanrights standards taking intoconsideration amendmentsforwarded by human rightscommunity and victim groups.'

Stating that mechanism cannotreplace the regular criminaljustice system, she added thatit is the state obligation to

undertake the investigation andprosecution of all human rightsviolation cases that took placeduring and after the conflict.

Denouncing Home Minister'srecent statement of possiblewithdrawal of cases of humanrights violation committedduring the armed conflict, shesaid such an action would onlypromote culture of impunity andanarchy.

Bijul Biswakarma, Chairpersonof National Dalit Commission(NDC) and Netra Timilsina,President of NGO Federationalso spoke on the occasion.

Continued from page 1

Govt. asked to end...

Expert Gunnidhi Neupane presenting the paper on Crminal Penal Code

3

Kathamndu: NHRC Monitoringteams conducted on-the-spotmonitoring on human rightssituation during the series ofBandh programmes organizedby various parties and ethnicorganizations on different dates.

One day strike enforced by theNepal Federation for IndigenousNationalities (NEFIN) after aconsiderable intermission leftnormal life affected in theKathmandu valley on May 13,2011. The strike was called toestabl ish their demandsincluding incorporating federaldemocratic republic andsecu la r i sm in the newconstitution, implementing the20 -Point Agreement reachedbetween the Nepal Governmentand NEFIN as well as making

public a preliminary draft ofconstitution guaranteeing therights and welfare of indigenousnationalities.

A few arrest sprees were madewith five men and 3 womenprotesters nabbed by the securityat Chabahil and Baneswarcrossroads as claimed by theBandh organizer. However, thesecurity personnel didn't resortto manhandling the arrestees, itis learnt.

Though the strike had impacton the life of people, theambulance, press vehicles,doctors' vehicles, tourist busincluding essential services weregiven unhindered access duringthe Bandh.

The monitoring team carried outmonitoring on HR situationduring another Valley Bandh

called by Chhetri Samaj- Nepal.

The Samaj had their demandsplaced forth on the issues suchas to have their communitye n l i s t e d i n i n d i g e n o u scommunities by removing theterm categorized as "others" inthe Interim Constitution. Theyvoiced to have the proportionalrepresentation on the basis ofthe population representing thecaste. They also came up withthe demand to safeguard thenational integrity from beingsplit into pieces at the cost ofcommunalism. They also urgedto have the reservat ionexclusively for the poor andmarginalized people. Warningof the unprecedented civil war,the Samaj also urged to sustainthe communal harmony among

the diverse communities in thecountry.

A few vehicles were vandalizedaccusing the commuters ofdefying the Bandhs. However,miscreants were reported to havebelonged to the group other thanChhetri Samaj. A van belongingto Teaching hospital was alsovandalized at Balkumari area.24 people were nabbed by thesecurity during the strike.

The monitoring team deployedby the NHRC central officecarried out monitoring on yetanother Bandh programmecalled on Jestha 10, 2067 CPN(Maoists, Matrika faction).

Though the Bandh remainedpeaceful with the free movementof the ambulance, Tourist busesand Press vehicles, a taxi wasset ablaze by some unidentified

miscreants at Gwarko at 9 AM.Narayantar, Jorpati arearemained tensed as a group ofmiscreants attempted to createchaos by burning tyre where aperson was nabbed by thesecurity personnel, it was learnt.6 persons were reportedlynabbed at Balaju by theMetropolis security contingency.The protestors under custodywere said to have been deprivedof food.

The examinees from distantplaces suffered as they had towalk to the examination center.Likewise, since Baneswar wasdeclared restricted area, thedemonstrators associated withthe parliamentarian club werefound attempting to slip into thearea defying the restriction.

Similarly 31 women protestorswere nabbed by the police fromthe restricted zone. The womenprotestors were inflicted withsome bruises and scars due tothe Lathi charge of the Police,as per the monitoring team.

On being asked on the phone at8:30, 'The Bandh was enforcedto exert pressure for constitutionbuilding,' said the party supremoMatrika Prasad. Around 9 Pama massive arrest spree was madearound Ratna park areaincluding Bharat Dahal, theparty spokesperson. In thisregard, the NHRC team hadcarried out monitoring havingconstant contact with humanrights unit and HP Thapa, theperson in charge of Bandh. Theteam had carried out monitoringin coordination with OHCHRand other human r ightsorganizations.

The Monitoring team from theNHRC central office took to thestreets around New Baneswerwhere a sit-in programme wasorganized by the RastriyaPrajatantra Party as a symbol toalert the CA to build constitutionin compliance with the normsand values of democracy. A rallyled by party supremo KamalThapa took to the street en routeto New Baneswar which wasaverted into a sit -in programme.The security contingencies werewidely mobilized around CAhall being declared as restrictedzone. The means of publictransportations were brought toabsolute halt due to the protestprogramme.

Over all, the situation remainedpeaceful with the security forcesdeployed at all sensitivelocations. However, the right tofreedom of movement wasfound violated as the publictransportations couldn't ply toand from the usual destinationsdue to the strike. Similarly, thegeneral people were observedto have suffered as thepurchasing of daily supplies washindered due to the effect ofBandhs.

It is the universal principle thatone should respect the rights ofothers while enjoying her /hiso w n . T h e C o m m i s s i o nconsistently holds interaction withthe parties in protest in order todiscourage the strikes and Bandhof extreme nature called againstthe universal principle.

Bandhs Cripple Normal Life in Kathmandu Valley and Elsewhere:NHRC Conducts on-the-spot Monitoring

Glimpses of Bandha Activities captured by the NHRC monitoring teams

Continues on page 8

4

K a t h m a n d u : N H R CChairperson Justice Kedar NathUpadhyay said that right to lifeis paramount of all other rights.Other rights are merely thebranches. One among theserights is the "Right to Freedomof Movement." The chairpersonpointed out that if such crucialrights are violated, there will beno meaning of life.

Speaking at the interactionprogramme on the Right toFreedom of Movement ,organized by the NHRC,Chairperson said that NHRC isconcerned about the violentBandhs in which the damage iscaused to the private and publicproperties and sometimes thelife of the people. It is againsthumanity and humanity isalways above human rights.Bandhs should be peaceful anddisciplined for whatever causeit is called. The state should bereasonably stern for theunforgivable crimes committedduring Bandhs.

'Though there are Acts to banBandhs as such we must notkeep harsh feeling about theBandhs as long as very muchessential services given accesswithout any hindrances forwhich the state should firmlyspeak , ' emphas ized theChairperson.

H o n . K h a d k a P a r a s a dBiswakarma, the TourismMinister and Guest of Honourof the programme said thatbasically the Bandhs areenforced to have objectivesfulfilled. 'In such scenario, thestate should control the activitiesof the miscreants in the name ofBandhs. Minister BK said, theGovernment is one step aheadin building the mechanism tohave the dialogue with theB a n d h s o rg a n i z e r s f o raddressing their legitimatedemands. This will discouragethe parties to resort to enforcingBandhs of violent nature.'s p e c u l a t e d M i n i s t e r

Biswakarma.

At the programme, the Head ofOHCHR Jyoti Sanghera said,'Do we call such Bandhs asrights that interferes others'critical rights?" Illustrating therecent Bandhs in Egypt, MsSanghera said, 'Those Bandhsare legitimate and justified ifenforced peacefully andeventually supported by themajority of the people to havetheir grievances meted out.Underlining the legitimacy ofthe Bandhs, Ms Sanghera addedthat imposing violent Bandhsinterfering the rights of othersis something that is nottolerable.' She also urged thatsuch cohesive imposition ofBandhs should be discouragedwith the Act.

At the programme, HumanRights Officer Mr. Shree RamAdhikari made comprehensiveanalysis on almost all aspects ofBandhs and its relation to humanrights and humanity through hispresentation. The presentationillustrated some of the rights arenon-derogable as per the InterimConstitution of Nepal - 2007which are freely enjoyed during

the state of emergency and alsoat the time of war or insurgency.He urged that it is undeniablynecessary for all to be cognizantabout this.

Dur ing the programme,Secretary of the Chamber ofCommerce said that deficit intargeted revenue from tourismis in a dismal state due to theimmature pol icy of theGovernment resulting in theprice hike. As a consequencecommon citizens have toeventually bear the loss this wayor that way.

Similarly, Mr. Subodh Pokhrel,the Chairperson of INSEC saidthat it is sad that major partieshave breached the commitmentnot to call Bandhs duringtourism year 2011. He was ofthe opinion that there should belaw that compels the Bandhorganizers to bear any losscaused during the Bandhs."

Likewise, Mrs. Naina KalaThapa, the Chairperson ofNational Women's Commissionsaid that the parties did have thepolitical objective wheneverthey called Bandhs but in recentdays the Bandh is called by any

party, any time for any cause.

Politicians Niranjan Thapa ofRastriya Prajantantra Party,Rajendra Pandey, the politburomember of CPN (UML), AnandPrasad Dhungana, the CentralCommittee Member of NepaliCongress, Ekraj Bhandari - theMaoist leader unanimouslyagreed that Bandh curtails therights of citizens. However, theydid not express any commitmentto declare "No More Bandh"from their respective parties.

After Mr. Adhikari's presentationparticipants Chandra SinghGurung- NEFIN, SuprabhatBhandari -the representative ofthe Guardian Association ofNepal, Shreekant Baral- AirService Operation Association,Kiran Gupta -Advocate ofFWLD, Kul Raj Ghimire, SanatAchrya, Ang Phutti Sherpa-C h a i r p e r s o n o f t h eMountaineering Association ofNepal, Chandrakala Gurung-NEFIN, Hari Ram Baral -Chairperson of Tour GuideAssociation including otherpersons also offered theirremarks during the programme.

Forceful Imposition of Bandh is against People's HumanRights: Chairperson

Minister of Tourism KB Bishwokarma and Chairperson among others at programme held on Interactionon Freedom of Movement

Today, coincidentally, there remains just a day to end our longawaited moments to have new constitution drawn up throughConstituent Assembly. The Rule of Law and the achievementsearned through the historic People's Movement-2 are to beinstitutionalized through the Constitution only. In this regard, itis widely known that the Commission has been incessantly makingits concerted effort for making human rights friendly constitutionthat would serve as the foundation to ensure human rights and toassign obligation and accountability concerning human rights.But presently, the doubt looms large with the feeling of uncertaintyamong the people if at all the tenure of the CA is further extendedyet with the failure to draft the constitution within the timeframeextended in the same way as it had happened before due to thedifferences in principles on the constitutional issues and lack ofserious discussion to sort out the contentious issues throughconsensus. Commission, therefore, sincerely urges all the partiesnot to give such an inaction and morbid situation again in thedays to come.

The NHRC was established amidst the conflict period and thusit has been bearing the legacy of the problems of that phase eversince. Most of the complaints registered at that time remainedundecided and another challenge of the Commission is that theemployees, once formally recruited at NHRC, have been obligedto linger and sustain on contract.

With regard to ending the old complaints registered till the pastyear, 6013 of them remain still pending. In its 11 years tenure,the NHRC has sent 439 recommendations on the complaints.Besides, the Commission has made 25 recommendations to theGovernment of Nepal on policy matters. In this way, the totalnumber of recommendations has reached to 464. I would alsolike to inform that altogether 346 cases have been decided thisyear along with recommendations on 53 cases. The status of theCompliance on the recommendations made until last year was;full compliance on 8%, partial compliance on 32 % and 60%non-compliance. But just yesterday, we are informed by the Officeof the Prime Minister and Council of Ministers about theimplementation status of the NHRC recommendations whichindicates that 121 (28%) recommendations have been fullyimplemented, 241 (55%) have been partially implemented andthe rest 77 (17%) still awaits their implementation. It is positivetrend that the aforementioned Office has shown interest towardsimplementing the recommendations received from theCommission. The commission is yet to verify and ascertainwhether the victims have actually received the relief and theperpetrators are subjected to legal actions.

The number of complaints registered this year is 338 which isless than 109 of the last year. Most of these complaints are relatedto the incidents occurred during the insurgency period. Unlikethe complaints registered in insurgency period, the complaintsregistered after the Comprehensive Peace Accord (CPA) aremostly against non-state entities. Generally, it is the responsibilityof the state regarding such complaints for the protection of humanrights of the citizens but the state appears to be dispirited as wellas ineffective to play the role in this regard. The Commission hascommenced investigations in some cases and even recommended

against security personnel who are found guilty in executing theperson after taking under their control and even inflicted tortureon the victims in custody that led them to death.

Impunity has been the most alarming of all the problems facedby the Commission in recent days. Though NHRC-Nepal cannotplay the role of opposition or NGO, it is of serious concern innational and international level that there hasn't been any conduciveenvironment and fair investigation and prosecution of the casesin which the Minister holding the Office is charged against crime.Further the statement of another responsible minister of theGovernment to withdraw such cases depicts the government ofNepal's attitude towards impunity. Doubtful situation like thiswould evidently make the commitment of government of Nepalon human rights meaningless. Having been in power in differentphases of time, the major political parties nave withdrawn criminalcases which need to be reviewed in the context of nexus betweenpoliticians and criminals or vice versa. We can't help but simplypredict that the question might arise over the decision to withdrawthe cases from the perspective of norms and values of humanrights and international humanitarian laws. On top of that, dillydallying in forming the Truth and Reconciliation Commission asper the CPA and before that the political culture of withdrawingof the cases that are expected to be settled by the TRC have givenenough room to raise question on the justice and prosecution inremaining cases against the accused involved in human rightsviolations. The issue raised with regard to the withdrawing ofcases directly related to political cause is to be sorted out and tohave them remained within the demarcation through policies andprocess internalizing the national and international standard ofhuman rights.

The challenges of human rights augmenting one after another inthe aftermath of the cessation of hostility the default in theformation of mechanism for peace process during the transitionalperiod has deepened the frustration among the victims of conflictand their family. Even after the elapsing 4 years period of CPAthe Commission on Enquiry on Enforced Disappearance, theTruth and Reconciliation Commission are neither formed, norconfiscated property during the period of conflict was returnedto the rightful owners and nor the problems of displaced personswere resolved which altogether is a reflection on the ineffectivenessof the state.

Lastly, today, at this hour of history in such a crucial decisionmaking moment, we are waiting with big hope and confidenceof important achievement from the Constituent Assembly. At thelast moment, whatever decision our senior politicians would take,we are confident that they will assure the interests of all Nepaleseand their descendants for long prosperity and also ordain thepeace and harmony among different castes and communitiesstrengthening their mutual relationships. Now I end with hopesand confidence in solidarity with all in the mission to protect,promote and respect human rights of the people. With this note,I, once again, thank you all for joining us in the event of theCommission.

Thank you!

5

Speech Delivered by Hon. Chairperson Justice Kedar Nath Upadhyayon the Occasion of the 11th Anniversary of the NHRC

6

Lalitpur: Felicitating the 23rdnewly elected office bearers ofNepal Journalists Federation ata programme held at NHRC.The Chairperson Justice KedarNath Upadhyay said 'Wheneverthe media writes on the issuesof human rights, it eventuallyserves as a catalyst to safeguard

human rights. Media, therefore,plays the role of human rightsdefenders in the society.'Commending the role played bymedia in everyday life as thefourth body of the state, theChairperson said, 'At times, thelife of journalists is exposed todanger for they expose humanrights violators or their criminalacts through media reports.Some have sacrificed their livesand become the victims ofbeastly act of the perpetrators.The journalists Tekendra Thapa,Prakash Shah, and BirendraShah and Uma Singh whosacrificed their lives in pursuitof dedication to duty are a fewexamples. 'Their names will beheld with high esteem forever,'said the Chairperson.Although the media society isdoing its utmost to reveal thetruth with regard to human rightsviolations and excesses, yet thesituation is acutely worrisomedue to the culture of impunity.Media persons write about theperson/s accused but nosubstantive action is takenagainst those involved in HR

violations. Instead, the accusedpersons roam about scot-free. Itis mainly because of theintermingling of crime withpolitics which is worth milliontimes condemning, said theChairperson.Expressing the concern over thenegative role played by the

media at t imes and theconsequent human rightsviolations taking place, theChairperson hoped that newlyelected NJF team would beexceptionally sensitive towardss u c h i n e v i t a b l e s . T h eChairperson also expressed hishope that the NJF will avail withample coordination and wellestablished system in the daysto come.'As the saying goes, 'United westand, divided we fall,' NHRCand the media society shouldwork in collaboration in apragmatic way to jointly achievethe milestone,' assured theChairperson.A t t h e p r o g r a m m e ,congratulating the NJF MemberRam Nagina Singh urged thatmedia persons should bear mindthe self-esteem of the victimswhile printing the sensitivenews. It would indeed belaudable on the part of mediapersons provided they usehuman rights friendly words intheir write ups, urged MemberSingh.Wishing good luck for the

fruitful tenure of the newlyelected NFJ team, MemberSingh said NHRC and mediahave moved on hand in hand asthe voice of voiceless and willcontinue the journey likewise inpursuing the duties from theirrespective side.Congratulating the newly elected

NJF team secretary Khanal said'Media does the work for theprotection and promotion ofhuman rights. We sincerelyanticipate that we keep onmoving with the existingcollaboration for significantworks of national interest andfor the welfare of the people.We hope that the new officebearers leave no stone unturnedto achieve their objectives. Weare also ready to extend oursupport to the media as andwhen necessary,' said secretaryKhanal.Mr. Om Shreatha the generalsecretary of NJF said, 'Since theconcept of press freedom hasbeen the agenda for a long timenow, we won't compromise onit at any cost. The newly electedteam expresses its commitmentto take the issues of people'sinterest. One of our issues is thatfree lancer journalists will havetheir grievances given priorityfrom now on.' He expressed hisexpectation with regard tosignificant collaboration fromthe side of the NHRC in all oftheir endeavors.'

Communica t ion Off i ce rBhanubhakta Acharya said,'NHRC has cherished the long-term relationship with NJF. Weare very much anxious to see asto how newly elected membersof NFJ, in the days ahead, gowith the role in cultivatingpressure on the implementation

of NHRC recommendationswhich remain helplesslydormant ever since.'During the felicitation, newlyelected President Shiva Gaunlesaid 'In a feat to accomplish ourminimum duties in our utmostcapacity as a critic, we might becritical even towards NHRC attimes.' Mr. Gaunle, therefore,urged not take it otherwise if itever happens so. 'We have noother place to go to but to knockthe door of NHRC asking forcollaboration,' said Mr. Gaunle.Mr. Gaunle assured that NHRCrecommendations will not betreated not just a simple pieceof news but a concern to betreated with exceptionallysusceptibly. He concluded thatonly when the culture ofimpunity is put to an end andthe rule of law established canwe value the price of democracy.The felicitation programme wasattended by the ChairpersonUpadhyay, Member RamNagina Singh, Secretary BishalKhanal and the staff membersof the Commission.

NHRC Felicitates Newly Elected Officials of Federationof Nepalese Journalist (FNJ)

Chairperson Justice Kedar Nath Upadhaya and Member Justice Ram Nagina Singh with the newly elected officials of NJF

Kavre: NHRC ChairpersonJustice Kedar Nath Upadhyaysaid that mediation as thealternative dispute resolution(ADR) can help a great deal toreduce human rights violation.Mr. Upadhyay was concludingthree-day training on humanrights mediation organized bythe NHRC central office for itsstaff members.

Speaking at the openingceremony of the training,Member Gauri Pradhan statedthat mediation is presumably the

best way to reach the reasonableconclusion of any disputes - beit human rights or any otherdisputes. Member Pradhanspeculated that learned skillsand knowledge on mediationwill be essential assets with theNHRC workforce to protect therights of the citizens viamediation.

Dur ing the programme,Secretary Bishal Khanal saidthat the training is organized asper the need of the staffs andthis would be rewarding in terms

of resolving many human rightsdisputes across the countryespecially in remote villageswhere the petty human rightsviolations occur in everyday life.

NHRC Directors, DeputyDirectors, Human RightsOfficers and Human RightsOfficers participated in the

training. The three-day trainingcomprehensively focused on thedifferent mediation skills andsteps in relation to human rightsviolations.

The NHRC has the mandate atits disposal to adopt anyeffective measures in the eventof the occurrences of humanrights violations. Mediation hasbeen and will be the best toolsto stop or at least minimizehuman rights violations in thefirst place. In this context,NHRC had performed mediation

which subsequently led thoseparties or groups in protest toopen the road blockade and calloff Bandhs on numerousoccasions.

Doti: The team deployed byNHRC Dhangadhi RegionalOffice carried out monitoring onthe status of HIV Aids infectedpersons and their rights acrossDoti district of far western regionfrom May 4 - 27, 2011. Dotidistrict is far behind fromgeographical perspective. So it isobservable that the people of thisdistrict are almost deprived ofEconomic, Cultural and SocialRights (ESCR).

Having lowest source of incomeand least opportunity ofemployment, the people go toIndian metropolitan cities to earntheir bread. These people arevery much vulnerable of beinginfected from HIV positivethrough the unprotected physicalrelation and the use of non-sterilized injection. As per thedata published by some NGOsoperating in the district, mostlythe children are being infectedknowingly or unknowingly and

this has been the cause ofconcern and worries now.

During the Monitoring, the NHRCteam also conducted interactiona n d d i s c u s s i o n o n t h eaforementioned issue with theconcerned stakeholders in thedistrict. The team has found 93infected reaching the total of 761till 2010. 292 males, 418 femalesand 33 children are respectivelyinfected from HIV AIDS as perthe data made available to theNHRC through various sources.

As of today, 44 HIV infectedpersons have lost their lives inDoti district alone. The districthas 3 Voluntary Counseling andTesting Centers and 1 hospitalwhere ART (Anti-RetroviralTherapy) facility is available asper the on-the-spot monitoringof the NHRC regional office,Dhangadhi.

In was also found during themonitoring that there are

numerous non-governmentalorganizations operating in thedistrict. They are CDF, NAVAKiran Plus, Doti Plus, Laliguras,Sewa Samaj, Yakta Samaj,CARE Nepal, Deep Jyoti andShrijansil Samaj. However,many programme on HIV weresaid to have been suspended dueto the lack of funds with theseorganizations, revealed theNHRC monitoring report. .

In this concern, as per the strategicplan of the government ,Government of Nepal(GoN) hasbrought out the HIV and AIDsStrategy 2006-2011 in line withthe Millennium DevelopmentGoal (MDG) to reduce the risk ofHIV transmission in Nepal by2015. The major approachadopted by the government incombating HIV and AIDS hasbeen its commitment to work inco l l abora t ion wi th bo thg o v e r n m e n t a n d n o n -governmental organizations in a

m u l t i - s e c t o r a l a n ddecentralization.

The team interviewed some of theHIV infected in the district duringthe monitoring. As per the HIVsurvivors, they want opportunitiesrather than empathy. Somesurvivors have proactivelyinvolved themselves in theawareness campaign for theopportunities to the survivors.

It is recommended that providedthe meetings and programmesheld in coordiantion with theD A C C - D i s t r i c t A I D sCoordination Committee, itwould be one of the positivesteps to ease the suffereings ofthe HIV survivors to a greatextent, says the report.

Doti district ranks parallel to thedistricts of Bajura, Achcham andB a j a n g h i n H u m a nDevelopment Index (HDI) asper the district public healthinformation.

7

HIV Survivors want Opportunity in Far West, NHRCMonitoring Reveals

Mediation an Essential Way Out for Solving Disputes:Chairperson

Participants interacting in mediation programme held in Karve

8

Lalitpur: A delegation of Dalitrights defenders fromBang ladesh a t t ended adiscussion programme at NHRCon 1st Ashad, 2067 during theirexposure trip to Nepal

During the programme, Mr.Rizwan, the team leader ofBangladesh Delegation briefedabout the status of the Dalits inBangladesh. He also shed lighton the objective of the visit tothe NHRC, Nepal.

Mr. Rizwan informed that outof 17 crore of the totalpopulation, 6 - 7 million peoplei n v o l v i n g i n d i f f e r e n tprofessions belong to the Dalitcommunity in Bangladesh. Asper Mr. Rizwan, 30 communitiesrepresent the Hindu communityand as many as 15 hundredthousand out of 56 hundredthousand of total Dalit populaceare in the profession ofsweepers, widely known asHarijan. He informed that sincethe Dalit issue is a new one,Awami League, the presentpolitical party in power hasmade Dalits communities issuea clear agenda. In this regard,the NGOs are in the forefront inraising the issue of Dalits inBangladesh, said Mr. Rizwan.He, however, pointed out that,started in 1996, the Dalit

movement in Bangladesh is notas vibrant as in India and Nepal.

During the programme, it wasmade known that the Dalits ofBangladesh have placed, amongothers, 5 point demands viz. jobguarantee, education for Dalitchildren, allowance to sustaintheir profession and shelter.

He, on behalf of the delegation,expressed his inquisitivenessabout the NHRC initiatives withregard to the issues of Dalits andhow other NGOS replicate themodality to raise the issue ofDalits in the country.

Responding to the queries of the

Delegates, Secretary BisahlKhanal briefed about the status ofuntouchables in Nepal. Hementioned that Nepaleseconstitution (Interim Constitution)has the provision that no one shallbe discriminated on the basis ofrace, color, caste and creed. Healso briefed about the major areasof intervention on various humanrights issues with the mandatesprovisioned by law of the country.He elaborated how NHRC followsthe procedures of monitoring,investigation and decision makingfor recommendations requiringreparation to the victims andpunishment to the perpetrators.He informed that the NHRCconducts advocacy and dialogue

programme in collaboration withCSOs for policy formulation andas of today, the NHRC has beensuccessful in the area. He alsothrew light on the civil serviceact, reservation and positivediscrimination.

On being asked about whetheror not the NHRC is anindependent ins t i tu t ion ,Secretary Khanal said that it isindependent in nature and thecertain correction in the NHRCbill is underway through theLegislature Parliament ofConstituent Assembly.

Extending thanks to the NHRC,Mr. Rizwan said "The visitinggroup of Bangladesh isimmensely privileged to learnabout the NHRC initiativesregarding the Dalit communityin Nepal and expressed his hopeto share them back home." He,on behalf of the visiting group,extended his thanks to theCommission for sharing theexperiences and for providingmoral support to the Delegation.

The programme was moderatedby Communication OfficerBhanubhakta Acharya. Theparticipants of the programmecomprised of the members of Dalitorganizations from Bangladeshthe officers of NHRC.

Dalit Movement in Nepal is vibrant: Bangladeshi DalitRights Defenders

Meanwhile, the National HumanRights Commission has issuedthe press release regarding theimpact of protest programmes.As per the press release, theCommission has been incessantlycarrying out monitoring on thehuman rights situation during theBandh programmes such asNepal Bandh, Valley Bandh andBandhs enforced by variouspolitical parties, professionalsand ethnic organizations in theregion and districts from time totime leaving their impact on thegeneral life of the people. The

teams of the Commission havemet with the Bandh enforcingleaders and cadres duringmonitoring on the human rightssituation at various place of thevalley and urged them not tomake such Bandhs unlawful andviolent.

During the monitoring, it hasbeen found that the generalpeople have been deprived ofbasic human rights such as rightsto health, rights to education,right to access to justice, rightto freedom of movement, right

to do the profession and businessincluding many other rights. Atfew places, the police havenabbed the persons who wereclaimed to have been theorganizers of Bandh. Since suchprogrammes as enforced,protests and demonstrationdiscard human rights of thegeneral people, the Commissionhas appealed through pressrelease to the organizers of suchBandh or strike to hit upon theremedies to reach the conclusionthrough talks, dialogues andconsensus that would, in real

sense, protect and promotehuman rights.

The Commission has also urgedthe Government of Nepal to buildthe environment for the protectionand promotion of human rightsby bringing those involved inactivities against human rightsduring the Bandh or those whoincite others to involve inenforcing Bandhs through violentactivities, threats and panic amongthe general people.

Continued from page 3

Bandha Cripple...

Members of Bangladeshi Delegation along with NHRC Officers

Investigation:

S.N. Place of Date short description of the case

1 Lamjung 2068/01/15-2068/01/20 About the case of teacher Muktinath Adhikari who was killed by the Maoists in 2058/10/03

2 Parbat 2068/01/27-2068/02/02 Killed by Army3 Parbat 2068/01/27-2068/02/02 Killed by Army and police4 Parbat 2068/01/27-2068/02/02 Killed by CPN(Maoist)5 Parbat 2068/01/27-2068/02/02 Forcefully displaced by Maoists by padlocking the house6 Parbat 2068/01/27-2068/02/02 Forcefully displaced by Maoists padlocking the house7 Parbat 2068/01/27-2068/02/02 Forcefully displaced by Maoists

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The works related to protection of Human Rights: In this period, 7 cases of Human Rights violations were investigated in different areasof Lamjung and Parbat District, whose descriptions are as follows:

Investigation:

Monitoring:Monitoring has been carried out as furnished in the table below:S.N. Place of Investigation Date Short Description of the incident

1 Kaski 2068/01/28 Monitoring was carried out on the Human Rights Situation monitoring during the strike organized by Kshetri samaj in Dahulagiri and Gandaki zones

2 Parbat 2068/01/28 Monitoring was carried out on the Human Rights Situation monitoring during the strike organized by Kshetri samaj in Dahulagiri and Gandaki zones

The Details about the complaints registered at the NHRC Office in WestS.N. Date of Incident Date of Case Specification of HR District no. of cases Alleged

Registration violation Perpetrator

1 Not Specified 2068/01/08 Civil Rights Kaski 1 Local Administration2 2068/01/10 2068/01/15 Torture Parbat 1 Police3 Not Specified 2068/01/25 Disappearance Gorkha 1 PoliceTotal No. of cases registered in this period:3.

NHRC Regional Office Pokhara has sent 7 Nos. of case files which are already investigated. Here are the details:

S.N. Case No. Full Name & Date of short brief of the case Requested follow upaddress of the victim incident for central office

1 428/175 Sahadev Majhi along with 156 2058 Land has been captured and To be decidedhouseholds of Shibalaya VDC ward No. used by Durgadal Gulma of 2&3, Parbat District Thethen Royal Nepal Army

2 780/447 Kamal Bahadur Pun, Myagdi 2065/03/31 Torture inflicted by Nepal Police To be decided3 902/436 Kamala Gahatraj, Kaski 2067/03/04 Displaced To be finalized4 470 Sharmila K.C., Kaski Child Rights To be finalized5 224/5 Khas Bdr. Gurunng, Kaski Right to property To be finalized6 198/102 People of Bhimad V.D.C., Kaski Telephone lines and the cordless To be finalized

telephones destroyed and looted by the then Royal Nepal Army

7 83/80 Buddhi Bdr. Shrestha along with 38 2062/10/15 Houses and huts demolished by To be finalizedpeople Tanahu Municipality

S.N. Place of Investigation Date Short Description of the case

1 Hardiya V.D.C.-08, 2011/05/06 Unlawful Killing Case no 4275 About the case of Jamuna Singh who was arrested Bara District 2011/05/09 and killed by Nepal Police in 2007 August 30

Glimpses of Human Rights Situation in West

Glimpses of HR Activities in East

Continues on page 10

1. Whereas the victims of human rights violations of conflictperiod have not been delivered with justice and theperpetrators have not been subjected to legal actions asyet, the immediate formation of the transitional justicemechanisms shall be treated as inevitable.

2. Since the existing law and order situation has appeared tobe ineffective , the government is to take substantive stepin order to end impunity by bringing the persons involvedin criminal activities in the name of armed outfits to justiceand ensure the citizens' right to life in fearless environment

3. Human rights workers, legal professionals and media personsshall be enthused to have their self-criticism, norms andvalues for their implementation. Likewise, legal mechanismsshall be built for the duties, functions, rights and protectionof human rights defenders and implement them accordingly.

4. Effective implementation of the state obligation shall bedeemed with regard to the services and facilities to beenjoyed by the citizens facilitated under the policies and

programmes of the Government.

5. Meaningful public participation shall be ensured in humanrights friendly constitution building on the basis of democraticnorms and values in the context that there has been the lackof wider public participation in the constitution makingprocess.

6. Sense of accountability has been decreasing among the lawenforcing agencies and the political parties. Hence, the localauthorities, political parties including the party wings shallbear the accountability and guarantee the responsibility andRule of Law towards the citizens.

7. The Stakeholder shall commence the collaborative movementto end the prevalent discrimination and all the other formsdiscriminatory practices in society.

8. Law shall be promulgated for its effective implementationthat prohibits the strikes and Bandhs of all forms whichleave serious impact on the life of general people.

Organized by the NHRC Regional Office, Nepalgunj a Workshop/Review Meeting on over all situations of human rights of Mid-west was held among the human rights workers, media persons,and legal professional at Tahkurdwara in Bardia district.

Having reviewed the human rights violation and excesses duringthe conflict period, justice delivery to the victims, action against

the accused and the aftermath situation of law and order,professionalism maintained among human rights defenders, theirprotection and challenges, constitution drafting process, humanrights friendly constitution, thematic issues of human rights andtheir enjoyment, therefore, an 8-Point declaration entitling"Thakurdwara Declaration 2068/2/10." has been drawn up.

Thakurdwara Declaration 2011-5-24

Signatory Representatives:

Sunil Kumar Shrestha, President, Appellate Court bar AssociationShukrarishi Chaulagain, President , Nepal Journalist FederationMadhu Dawadi, Regional Team Leader, CWINBal Krishna Chaudhary, Regional Coordinator, RRNBasanta Gautam, Regional Coordinator, Advocacy ForumBhola Mahat, Regional Coordinator , INSECGanesh Regmi, President, Nepal Human Rights AssociationMaimuna Siddique, Acting President, Fatima FoundationKrishna Lal Bhattarai, Chairperson, Human Rights and SocialTransformation Movement

Suresh Kumar Gautam, Secretary, National Human Rights AllianceDinesh Chaudhary, Regional Secretary, NGO FederationPrakash Uapadhyay, Regional Coordinator, HIMRIGHTSIswari BK, Central General Secretary, Dalit Sewa SanghJ. Pandey, Media person, Kantiopur DailyShreejana Acharya, Media Person, Kantipur TelevisionUma thapa, media person, Nepal Samacharpatra Daily

ObserverMurari Prasad Kharel, Regional Deputy Director NHRC, Nepalgunj Office.

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The Details about the registered cases this period:S.N. Reg. No. of Date of Case Specification of HR Name and Address of Victim Alleged Perpetrator

the case Registration violation

1 407 15th April 2011 Torture Deep Narayan Rajak, Dhanusha Police2 414 17th April 2011 Administrative Justice Blue Diamond Society, Parsa Person3 415 17th April 2011 Administrative Justice Amarendra Kumar Singh, Sarlahi Police4 417 17th April 2011 Compensation Renuka Thokar, Makawanpur State5 423 18th April 2011 Administrative Justice Bhulli Khatun, Sarlahi District Police Office6 426 18th April 2011 Threat Gagandeb Baitha, Rautahat Police7 427 18th April 2011 Administrative Justice Dilmaya Khadka, Mahottari District

Administration Office8 429 20th April 2011 Administrative Justice Hmekumari Ghimire, Mahottari District

Administration Office9 443 5th May 2011 Threat Suresh Pd. Yadav, Dhanusha Unknown10 451 9th May 2011 Illegal Detention Harendra Raya Yadav, Rautahat District Police Office

Continued from page 9

Kathmandu: Member Justice Ram Nagina Singh said that in thehistory of the Commission, the office bearers have remained inthe commission for over eight years now and comparatively thework so far has not been accomplished as per the expectation.

Speaking at the National Level Consultative Workshop on NHRC's4th Strategic Plan (2011-13) held in Kathmandu, underscoring"Live and let live" as the maxim of human rights, Member Singhstressed on the rights pertaining to the food, shelter, education ,health and peaceful environment.

'With regard to the relegation of its status from A to B, the OHCHRhas clearly mentioned that the NHRC should not be punished forthe mistake it has not committed. In the event of downgrading,therefore, the state should be responsible and not the NHRC,'clarified Member Singh. Reckoning the cases of the insurgencyperiod, Member Singh said that there will be no meaning of theexistence of the Commission if would-be constituted TRC is madehandle the cases of the conflict period.

Member Singh also expressed his concern on the consumer rightsand the rights of senior citizens to be incorporated without anyobliviousness.

Director Subarna Karmacharya delivered the welcome addresswhereas the SCNHRC Head Hemang Sharma shed light on thesignificance of the programme. The programme was facilitated byHR Officer and Head of Planning Division Tej Man Shrestha.

At the programme, Former Minister Niranjan Thapa opined thatover all lead of the Commission should be taken up by the fairpersonality. The state should be serious to fulfill the needs of theCommission and adhere to its directives which hasn't happened inreality. If so, the law enforcing actors must come forward, thepolitical parties must express their commitments on the issues ofhuman rights through their party manifesto, speculated the Minister.

Former NHRC Member Gokul Prasad Pokherel said that theCommission should prepare and maintain the standards for the taskthat it accomplishes. The office bearers must also work out inmaintaining harmony among the workforce and increase the resourcesto transform the commission into an effective institution and to producequality service. He opined that a work group would be a good idea tomitigate the problems and crises in the event of emergencies.

Former NHRC Member Kapil Shrestha said that the issues of

human rights are never obstructed by cultural, ideological andreligious barriers. Human rights are the identity of a civilizedsociety. Therefore, at no cost should the issue of human rights beconstricted. Instead, we must tend to have zero tolerance forimpunity, brutalization and discrimination. 'The Commission mustlook back to realize the shortcomings and weaknesses it hasencountered in the past so as to prepare its strategic plan whichcould be fruitful in the sense of materializing it. Having termedhuman rights and democracy as two huge assets of the country,Mr. Shrestha said that the state in such a position that it can't helpbut make the Commission an independent body at par with ParisPrinciples recognized by UN General Assembly.

At the programme, Dr. Baikuntha Aryal, the senior consultant saidthat, issue wise, NHRC should be proactive rather than reactive.'If needed, procedural change would be instrumental for the HRawareness and education reaching out to the grassroots level.Likewise, collective rights may be prioritized equal to the rightsof individuals. The Commission, as a National Rights Watchdog,should build coordination mechanism with concerned stakeholderssuch as the state actors, NGOs, INGOs and CSOs so as to seewhether or not the state obligations are fulfilled with regard to theinternational commitment. In this way consensus can be builtthrough exploiting all options out of idle situation leading to riskmitigation' observed Mr. Aryal.

Som Luitel, representative of Nepal Bar Association suggested that5 - 10 years strategic plan would be better as in the practice. Opiningabout the mission of strategic plan to have reflected the objectives,Mr. Luitel said that advocacy for HR friendly constitution mentionedin the Strategic Plan as one of the main objectives is laudable.

Rajendra Pandey, Politburo member of CPN (UML) said that for thelong term achievement out of the current Strategic plan, there arisesthe question of budget. He, therefore, suggested that the NHRC mayhave no option but acquire the budget from the government as perthe demand arisen through the Plan conceived. Mr. Pandey addedthat NHRC should realize the risk of human rights violations in theproposed federal states prior to implementing the plan.

NHRC has so far prepared consecutively three strategic plans andimplemented since its inception. Incorporating many issues includingESC rights and Transitional justice in priority, the forthcoming 4thStrategic plan is all set to be finalized for implementation.

NHRC Winds up Final Phase of Consultative Workshopon 4th Strategic Plan (2011-13)

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Chitwan: The National HumanRights Commission provided at r a i n i n g - c u m - w o r k s h o pprogramme from April 27-29,2011 on Human Rights and FairTrial to the Stakeholdersinvolved in the promotion andprotection of Rights of detainees.The Programme, as indicated inthe Detention Project ofOHCHR, was organized as oneof the series of events for thepromotion and protection of therights of the detainees with anemphasis on quasi-judiciarybodies which investigate, files,adjudicate and also giveverdict/decision on the chargedcases, with a view to enhancethe knowledge about the HumanRights and Fair Trial process.

The part ic ipants of theprogramme comprised of the

representatives from HRcommunity, national parkofficials, forest officials, NepalPolice and Nepal Army. A totalof 41 participants participatedin the training programme.

The participants said that thetraining came at a time whenthe necessity was sensed for it.As per the participants, it wasvery much relevant to their dailywork. The seemed to haveincreased conceptual clarity onHuman Rights and fair trial uponthe part icipat ion in theprogramme. Heterogeneouscombination of participants withbroader part icipat ion ofconcerned stakeholders waslauded at the programme.

The participants also pointedthat more practical than

theoretical session would serveas an energizer for the role playduring the training session.Suggesting considering theselection process under thegender balanced selectionc r i t e r i a fo r the fu tu reprogramme, the participantsexpressed the need of moredemand driven activities withother dynamics, if any.

On the whole, the participantsappeared to have enriched theknowledge and skills throughthe training with regard tohuman rights and Fair Trialp r o c e s s . T h eCommission, on theother hand, had had itsoutreach and networkwith local organizationdeveloped via training/workshop.

Towards the end of the trainingprogramme, the participantsexpressed their unanimous wishto have the follow programmeor the prototype programme infuture that would further brushup their knowledge in the relatedfield. They also expressed theneed for the expansion ofnetwork with the local NGOs.

At the closing ceremony of thetraining, Chairperson JusticeKedar Nath Upadhyay gaveaway the certificates to theparticipants.

Stakeholders Benefited Through HR and Fair Trail Training

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Kathamndu: Coinciding the11th Anniversary day of theCommission, NHRC Centraloffice conducted a trainingentitling "Team Excellencethrough Appreciative Enquiry"in Kathmandu from 27-29 May,2011. The objective of theprogramme was to enhance themoral of the workforce in theirday to day life and to bringabout effectiveness in theactivities of the Commission.

Senior consultants duo Mr.Dhruba Acharya and SahadevMahat facilitated the trainingin which Secretary, Directors,

Manager (SCNHRC), DivisionHeads, Officers, Security Chief,Assistant level staff includingthe SCNHRC staff membersparticipated.

The training sessions, based onpar t ic ipa tory approach ,included various themes. At theoutset, the lessons on activelistening and dialogue. Thesession also included conveyedthe message such as "oneshould learn as to how to learn."

Following this was identifyingthe positive strength inindividuals and organizationsthereby making the weaknesses

irrelevant. Importantly, theparticipants worked on the 4-D cycle namely dream,discover, design and destiny.

"It is not the resources that limitour decision but it the decisionthat limit our resources." Wasone of the fascinating parts andparce l of learn ing theparticipant could ponder on.Feedback exchange session wasquite useful and moving for theparticipants. Also stimulating

was the circle of interest zoneand effect zone.

The ongoing braindrain in the

Commission has left the staffmembers to be dispirited attimes. However, the activitiesof the Commission continuerelentlessly. In this regard, Thethree day training turned out tobe instrumental to further boostup the morale of the NHRCfamily to be proactive not onlyin office hours but also beyond.

On the whole, it is hoped thatthe training as such willinculcate enthusiasm among the

participants to be positive andproactive whatever they do,wherever they go.

Training Held on Team Excellence Through Appriciative Inquiry

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

Please send your feedback about the NHRCHR Bulletin to nhrc@nhrcnepal.orgEditors : Nawin Chandra Gurung, Bhanubhakta Acharya and Kailash Kumar Shiwakoti

HR eBulletin publication supported by SCNHRC Project