A/HRC/16/23
by the Government to implement the national plans of action on gender-related issues
should be commended.
70.
Ensuring proper accountability for human rights violations will remove
substantial obstacles to the enjoyment of human rights, foster the rule of law and
ultimately strengthen democracy. With the necessary political will to design and
implement practical policies and undertake concerted actions, and with law
enforcement agencies that have the capacity and determination to fully discharge
their legal duties, Nepal will be in a position to overcome the problem of impunity that
undermines its institutions and the stability of the peace process.
VII.
Recommendations
71.
The High Commissioner for Human Rights urges the political parties in the
Constituent Assembly to make concrete progress on drafting the new constitution and
to adopt important pending draft legislation consistent with the Government’s
commitments under international law. The adoption of a new constitution and the
bills for establishing transitional justice mechanisms should not be contingent on the
resolution of other contentious political issues. Further legislative and practical
measures are encouraged, including the adoption of comprehensive legislation
criminalizing untouchability and the extension of the statute of limitation for rape.
72.
Acknowledging the fundamental role played by national law enforcement
bodies for the protection of human rights, the High Commissioner calls on the
Government to ensure that the relevant actors conduct prompt, thorough and
independent investigations into human rights violations, regardless of the status of
suspected perpetrators. Prosecutions and criminal investigations into serious conflictrelated crimes should be continued regardless of the future establishment of
transitional justice mechanisms.
73.
The High Commissioner calls upon the Nepalese Army and the Unified
Communist Party of Nepal-Maoist to respect the rule of law and undertake efforts
towards promoting accountability for violations committed during the conflict, in
particular by respecting the independence of the judiciary and implementing its
decisions.
74.
As a consequence of the large number of allegations of abuse against members
of the security forces, the High Commissioner recommends the expeditious
establishment of an external civilian oversight mechanism for the security forces.
Similarly, the Government should enforce appropriate sanctions in cases where
security forces fail to complete or cooperate with criminal investigations, to implement
court decisions, or to implement the recommendations of national human rights
institutions.
75.
The High Commissioner calls upon the Government to undertake further
efforts to increase the capacity of all State bodies which form the criminal justice
system, particularly regarding the proper conduct of criminal investigations, and to
improve the understanding of situations in which the resort to informal justice
mechanisms constitutes a violation of international human rights law.
76. The High Commissioner recommends that the Office of the Attorney General fully
discharge its legal obligation to supervise criminal investigations by the police. At the
same time the Government should pursue its commitment to the independent and
effective functioning of that Office.
17
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