A/HRC/17/2
discussions with OHCHR on the desirability or otherwise of the extension of the mandate
of the OHCHR Office in Nepal and its duration.
322. Cambodia recognized the efforts made by the Government through policy measures
and reform to carry out Nepal’s commitments to human rights. It noted the continued
engagement with all stakeholders, including in the dissemination of the 135 universal
periodic review recommendations. It welcomed Nepal’s ratification of the United Nations
Convention against Corruption. Cambodia was aware of the challenges that Nepal faced
during this transitional process to advance all human rights. Cambodia stated that the
international community should provide Nepal with further assistance in the
implementation of the recommendations.
3.
General comments made by other relevant stakeholders
323. The National Human Rights Commission of Nepal, delivering a joint statement, on
behalf of the National Women’s Commission and the National Dalit Commission, expected
stronger Governmental determination to maintain the rule of law by effectively
implementing laws and recommendations relating to prosecution and action against
perpetrators of human rights violations and violence. The establishment of the truth and
reconciliation and disappearance commissions had been unacceptably delayed. The draft
bill for the National Human Rights Commission and the National Dalit Commission had
yet to be enacted. The National Human Rights Commission noted that, despite specific
legislation, crime against women and children remained largely unaddressed.
324. Human Rights Watch stated that, unfortunately, Nepal’s pledge to adopt a new
Constitution by May 2011 had remained unfulfilled. It also noted that the promises to
establish an independent truth and reconciliation commission and a disappearances
commission were also unfulfilled and warned that the commission should not become a
judicial body that granted amnesties for those responsible for grave human rights violations.
It expressed concern at Nepal’s announcement that pending cases of alleged human rights
violations would be withdrawn. It praised Nepal for including third-gender identity in its
census.
325. The Asian Legal Resource Centre welcomed the endorsement of the Untouchability
Bill and urged the establishment of a Dalit commission and the development of a plan of
action to address caste-based discrimination. Nepal’s rejection of the OHCHR report on the
Terai region suggested an unwillingness to halt extrajudicial killings. The Centre expressed
concern at the nomination of a minister allegedly involved in the disappearance and death
of a schoolteacher. It stated that the Home Minister’s consideration of withdrawing
conflict-era cases illustrated the continuing failure to combat impunity. The use of torture
remained widespread and not a single perpetrator of torture had ever been condemned. The
Asian Legal Resource Centre urged the Government to specify a timeline for adopting
legislation criminalizing torture.
326. Action Canada for Population and Development welcomed Nepal’s acceptance of
recommendations relating to sexual and gender minorities. It noted that, in 2007, the
Supreme Court had ordered the issuance of citizenship certificates to third-gender persons,
and highlighted the fact that Nepal had not implemented this order, and that many thirdgender Nepalese were forced to carry identification that did not represent their true identity.
It expressed concern about proposals to recriminalize “unnatural sexual offences”. It asked
that Nepal be held accountable in implementing Supreme Court decisions.
327. The Asian Forum for Human Rights and Development, delivering a joint statement
on behalf of the Nepal NGO Coalition for UPR, Coalition of Women for UPR and the
Durban Review Conference Follow-up Committee, expressed regret that no consultation
had taken place with civil society and affected communities in the process of integrating the
132
GE.12-13630
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