A/HRC/10/53
page 18
70.
OHCHR Nepal urges the Government to put in place mechanisms to protect human
rights defenders and allow them to undertake vital human rights work in an environment
free from intimidation. To this end, OHCHR Nepal encourages the Government to invite
the Special Rapporteur on the situation of human rights defenders to visit Nepal.
71.
Ending impunity is a prerequisite for breaking with the violent past and preventing
future violations. The Government’s commitment to establish credible transitional justice
mechanisms is welcome and my Office stands ready to support this process, including as
part of activities carried out under the United Nations Peace Fund.
72.
In addition to the establishment of transitional justice mechanisms consistent with
international standards, OHCHR Nepal encourages the Government to move swiftly to
investigate and prosecute the perpetrators of serious human rights violations that occurred
both during and after the conflict, and to cooperate with ongoing investigations, including
those identified in this report. This will require strong and independent rule of law
institutions, including a police force, prosecutors, and a judiciary free from political
interference. With that in mind, OHCHR Nepal urges the Government, including the
Constituent Assembly in its deliberations over the new Constitution, to take measures to
safeguard the independence of these institutions.
73.
The broad representation of historically marginalized groups in the Constituent
Assembly, including women, Janajatis and Dalits, is a commendable achievement. I
encourage the Government to make concerted efforts to ensure that the voices of these
groups are effectively heard, in particular in the context of the Constitution-drafting
process. OHCHR Nepal will continue to support the participation of marginalized groups
in State institutions, and provide technical assistance to the Government and other
partners to address the economic, social and cultural rights violations that underpin many
grievances. Unless these concerns are addressed, there is a risk of deepening social divisions
which could lead to further violence.
74.
OHCHR Nepal welcomes the steps taken by the Government to eradicate
“untouchability” and the practice of bonded labour, and encourages the Government to
establish a legal framework that would support the rehabilitation of former bonded
labourers. Further steps to address long-standing discrimination are required, as current
measures are not sufficiently far-reaching and agreements made with various groups have
not been implemented. My office in Nepal will continue to assist marginalized groups,
including by building the capacity of national institutions mandated to support these
groups.
75.
Conflict over land is one of the issues that lie at the root of the conflict. The
establishment of a land commission is an important step forward and the Government is
encouraged to ensure that the Commission has the requisite support and is able to function
in a transparent, inclusive and impartial manner.
76.
The OHCHR office in Nepal stands ready to continue providing all necessary
support and technical assistance to assist the Government and people of Nepal in meeting
their aspirations for the protection and enjoyment of all human rights.
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