A/HRC/16/23 decision requiring the establishment of fast-track courts to review cases involving violence against women and children and ordering the authorities to undertake steps necessary for the creation of such courts. The Government has stated that a task force has been formed to implement the directive order for establishing fast-track courts. 65. The Supreme Court has also taken positive steps regarding the alleged gang-rape of a female police officer by colleagues in Achham district in September 2009. Although the District Attorney’s Office had decided not to prosecute three of the six alleged perpetrators, on 1 December 2010 the Supreme Court ordered the District Attorney’s Office to bring charges against those three suspects. In its decision, the Court emphasized that the power to halt criminal proceedings is limited by the victim’s right to an effective remedy, a decision that is significant for future reform of the criminal justice system. While the progressive judgments of the Supreme Court should be commended, the lack of progress in implementing decisions minimizes their impact. 4. Potential role of the Government in combating gender-based violence 66. Although legislation to criminalize domestic violence was enacted in 2009, it did not come into force until September 2010 when the Government finally passed the necessary regulations. As a result persons accused of domestic violence can now be tried and punished in court, although it remains to be seen whether the law will be properly implemented. 67. During 2010 the Office of the Prime Minister and Council of Ministers made progress in the implementation of the National Plan of Action on the Year against Genderbased Violence, including: the establishment of gender-based violence desks in most districts; the establishment of service centres and community centres for the protection and rehabilitation of victims; the inclusion of the topic of gender-based violence into the police training curriculum; and the development of standard procedures, supported by civil society and OHCHR-Nepal, for the prevention of and response to gender-based violence by State actors, defining respective roles and responsibilities. The Government has finalized the National Plan of Action on Security Council Resolutions 1325 and 1820, making Nepal the first country in South Asia to take such a step. VI. Conclusions 68. Despite the political stalemate, Nepal has managed to preserve the main achievements of the peace process. While the Constituent Assembly failed to promulgate the constitution by May 2010, an agreement to extend the mandate was reached and suggestions of presidential rule or a declaration of a state of emergency did not materialize. Through the adoption of more conciliatory approaches, the political parties of Nepal would have all the elements necessary for the Constituent Assembly to complete its work by May 2011. 69. The present report raises significant concerns regarding the prevailing impunity for human rights violations and highlights the effect the political situation is having on progress towards human rights commitments. However, OHCHR-Nepal notes some progress in these areas, and the fact that important draft bills dealing with issues to address impunity and strengthen the national human rights protection mechanism are currently pending before Parliament. Initiatives taken by national human rights institutions and important decisions by the Supreme Court and courts at the local level demonstrate the potential role of an effective national protection system in curbing human rights violations and impunity. Similarly, efforts undertaken 16

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