A/HRC/17/5
51.
Nepal indicated that it is fully committed to establishing Constitutional supremacy,
ensuring the rule of law, good governance and human rights, as well as providing a positive
conclusion to the peace process by eliminating insecurity and addressing impunity.
Addressing impunity entails addressing the past and maintaining the rule of law at present.
Nepal is fully committed to work on both fronts.
52.
In order to address alleged past human rights violations, two bills have been tabled
in the Parliament for the establishment of Truth and Reconciliation Commission and the
Commission of Inquiry of the Disappeared.
53.
Strong security and law enforcement measures are prerequisites to ending impunity.
The Special Programme for Effectiveness of Peace and Security, the End to Impunity and
Defending Human Rights, accompanied by a code of conduct that aims at protecting human
rights and improving law and order situation has been implemented since 2009.
54.
Regarding questions on the National Human Rights Commission, the delegation
indicated that it is an autonomous institution by all standards, including financially. The
selection of the administrative personnel is done through a competitive processes run by the
Public Service Commission. The NHRC can appoint its Experts. The Chairman and
Members of the Commission are appointed through the Constitutional Council. The
Constitutional Council has balanced representation of the Executive, Legislative and
Judiciary, including the Leader of the opposition in the Parliament. The representative of
the Executive has one vote. Questions have been raised regarding the compliance with the
Paris Principles on the basis of a draft law. The existing law is fully compliant with the
Paris Principles. The delegation considers that it is premature to question the efficacy of the
institution on the basis of a draft law that is still under consideration.
55.
Regarding the advance questions on refugees and stateless persons, despite not being
a party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol,
Nepal has hosted over 100,000 refugees from Bhutan on humanitarian grounds. Nepal has
honored the rights of the refugees and anyone living in Nepal has to respect the law of the
land.
56.
Regarding armed groups, the Government is in dialogue with various dissenting
groups that are of a political nature. Agreements on peaceful settlements of disputes have
been reached with 22 such groups. The Government has been guided by a clear distinction
between political elements and criminal ones. To the latter, the Government responds
through appropriate law enforcement measures.
57.
The Republic of Moldova encouraged Nepal to continue working for the rule of law.
It noted concerns about ill-treatment, sexual violence and lack of birth registration in
refugee camps. It asked about measures taken to protect refugees, asylum-seekers and
internally displaced people. It made recommendations.
58.
The Philippines commended Nepal for placing human rights at the centre of its
national development plans. The enhanced participation of women in the legislature was a
notable achievement. The Philippines stated that the support of the international
community was essential. It made recommendations.
59.
Canada encouraged Nepal to pass the Caste-based Discrimination and
Untouchability Crime Elimination and Punishment Act. It also encouraged Nepal to ensure
effective investigation of all harassment complaints of journalists and to put an end to
preventive detentions without charges or trials. Canada made recommendations.
60.
The Republic of Korea welcomed Nepal’s improvements in human rights and
commended endeavours to change the situation of vulnerable groups. It welcomed efforts to
compensate victims of human rights violations. It welcomed the National Human Rights
Commission. It made recommendations.
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