A/HRC/31/9
129. With regard to the recommendation noted above in paragraph 124.8, Nepal
considers that the National Human Rights Commission is empowered to undertake
necessary actions for the protection, promotion and monitoring of child rights
situation on the basis of the principle of the best interest of the child. The Government
of Nepal views that the establishment of a separate Commission for children will
create duplication and coordination problem between the mandates of National
Human Rights Institutions. The new Constitution has upgraded National Women
Commission as independent constitutional body.
130. With regard to the recommendations noted above in paragraphs 124.9 to
124.14, the Government of Nepal is committed to further strengthen its engagement
with the Special Procedures and UN human rights mechanisms. As of now, ten Special
Rapporteurs/Mandate holders have already visited on different occasions. Last year,
Nepal had agreed the visit request of two Special Rapporteurs, namely, Special
Rapporteur on Migrants and Special rapporteur’s on rule of on independence of
judges and lawyers. But it has not been taken place. We will consider the remaining
request of country visit of the mandate holders and Special Procedures. In order to
make the country visit more effective and fruitful, we will invite the mandate holders
and Special Procedures on case to case basis.
131. With regard to the recommendation noted above in paragraph 124.15, Nepal
considers that as per the prevailing laws of Nepal, no security personnel can enjoy
immunity from criminal liability in case of human rights violation. In such case, the
legislation of Nepal provides adequate mechanisms to investigate and prosecute the
alleged perpetrators and bring them to justice. National Human Rights Commission,
an independent constitutional body, is empowered to effectively monitor the situation
of human rights violation.
132. With regard to the recommendation noted above in paragraph 124.16, Nepal
considers that the constitution promulgated by the elected Constituent Assembly fully
ensures religious freedom to all people, and prohibits discrimination of any forms on
ground of religious faith and philosophy. Every person is free to choose, adopt, profess
or practice religious belief. However, proselytism by force or undue influence or
inducement is prohibited. This does not undermine freedom of religion.
133. With regard to the recommendation noted above in paragraphs 124.17 and
124.18, Nepal states it is not a party to the Refugee Convention and its protocol.
However, it has provided temporary shelter to refugees on humanitarian ground. The
refugees who enter into Nepal before 1990 had been provided refugee status who are
free to enjoy the rights and liberty in accordance with the prevailing laws of Nepal.
The Government of Nepal has pursued not to recognize foreigners as refugees.
Nevertheless, the Government is effortful to update the records of such foreigners and
their children in order to remove difficulties of their children to enjoy right to
education.
134. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
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