A/HRC/13/73
governing legislation and is currently operating on the basis of a Government executive
order. Although a draft bill was submitted to the Government in April 2009, there has been
no subsequent progress, though a proposal has been tabled for both institutions to be given
constitutional status when the new Constitution is promulgated.
60.
The National Women’s Commission faced direct political interference when the
cabinet issued a decision on 7 October 2009, relieving the Chairperson and all five
commissioners of their posts, even though they had two more years of their mandates
remaining. The Supreme Court later issued a stay order, preventing implementation of the
Government’s decision until the court issues a ruling. However, the move can be viewed as
direct political interference in the independence of a national institution, particularly when
viewed alongside the decision of the Government not to extend the mandates of the
Commissioners of the National Women’s Commission in June 2009, the removal of the
national land reform commissioners, and the weaknesses in the National Human Rights
Commission Bill referred to above. In 2009, OHCHR Nepal attempted to develop active
working relationships with both institutions, focusing on core capacity-building activities
and facilitating the contacts of each institution with the grass-roots level. The National
Women’s Commission participated in a special regional consultation of seven similar
specialised women’s commissions in the Asia-Pacific region in Jakarta in December 2009.
However, in relation to the National Dalit Commission these efforts were impeded
following the end of the mandates of the previous commissioners in June 2009. To date,
only a new chairperson has been appointed.
3.
Civil society and human rights defenders
61.
Although the risks faced by civil society actors and human rights defenders have
decreased since the signing of the Comprehensive Peace Agreement, the State’s inability to
provide adequate public security and the proliferation of armed groups and increased
criminal activities in the Tarai, have left many rights defenders vulnerable. Political and
communal protestors often impose restrictions on the freedom of movement of human
rights defenders and prevent access to sites of alleged violations. Civil society actors have
in some cases been perceived as protecting persons engaged in criminal activities and faced
direct threats from local communities. Human rights defenders who raised concerns about
the rights of the detainees faced significant threats and intimidation from both the police
and members of the community.
62.
Journalists have faced regular threats from armed groups and political parties for
filing reports about their activities, and a female radio journalist in Janakpur was murdered
in January 2009. Women human rights defenders and the group of defenders representing
sexual minorities are particularly at risk in Nepal. Women human rights defenders face
additional threats from within their communities and families in relation to their work in
defence of women’s rights, which is often viewed as a challenge to the existing social
order.
63.
Political parties and armed groups in the southern Tarai districts are among the main
actors creating risks for human rights defenders. The fragile protection and security
situation is compounded by the culture of impunity for violations committed against human
rights defenders and journalists by both State and non-State actors, and in some cases by
allegations of State actors colluding directly with perpetrators.
64.
OHCHR is focusing its efforts on strengthening existing civil society networks
through targeted capacity-building activities and developing tools for local rights defenders.
At the national level, the European Union working group on human rights defenders
involves collaboration between European Union missions in Nepal, OHCHR and other
national and international stakeholders to produce practical recommendations for action and
advocacy on protection issues on a local level; OHCHR supported a field visit by the
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