A/HRC/16/23
decision requiring the establishment of fast-track courts to review cases involving violence
against women and children and ordering the authorities to undertake steps necessary for
the creation of such courts. The Government has stated that a task force has been formed to
implement the directive order for establishing fast-track courts.
65.
The Supreme Court has also taken positive steps regarding the alleged gang-rape of
a female police officer by colleagues in Achham district in September 2009. Although the
District Attorney’s Office had decided not to prosecute three of the six alleged perpetrators,
on 1 December 2010 the Supreme Court ordered the District Attorney’s Office to bring
charges against those three suspects. In its decision, the Court emphasized that the power to
halt criminal proceedings is limited by the victim’s right to an effective remedy, a decision
that is significant for future reform of the criminal justice system. While the progressive
judgments of the Supreme Court should be commended, the lack of progress in
implementing decisions minimizes their impact.
4.
Potential role of the Government in combating gender-based violence
66.
Although legislation to criminalize domestic violence was enacted in 2009, it did not
come into force until September 2010 when the Government finally passed the necessary
regulations. As a result persons accused of domestic violence can now be tried and
punished in court, although it remains to be seen whether the law will be properly
implemented.
67.
During 2010 the Office of the Prime Minister and Council of Ministers made
progress in the implementation of the National Plan of Action on the Year against Genderbased Violence, including: the establishment of gender-based violence desks in most
districts; the establishment of service centres and community centres for the protection and
rehabilitation of victims; the inclusion of the topic of gender-based violence into the police
training curriculum; and the development of standard procedures, supported by civil society
and OHCHR-Nepal, for the prevention of and response to gender-based violence by State
actors, defining respective roles and responsibilities. The Government has finalized the
National Plan of Action on Security Council Resolutions 1325 and 1820, making Nepal the
first country in South Asia to take such a step.
VI.
Conclusions
68.
Despite the political stalemate, Nepal has managed to preserve the main
achievements of the peace process. While the Constituent Assembly failed to
promulgate the constitution by May 2010, an agreement to extend the mandate was
reached and suggestions of presidential rule or a declaration of a state of emergency
did not materialize. Through the adoption of more conciliatory approaches, the
political parties of Nepal would have all the elements necessary for the Constituent
Assembly to complete its work by May 2011.
69.
The present report raises significant concerns regarding the prevailing
impunity for human rights violations and highlights the effect the political situation is
having on progress towards human rights commitments. However, OHCHR-Nepal
notes some progress in these areas, and the fact that important draft bills dealing with
issues to address impunity and strengthen the national human rights protection
mechanism are currently pending before Parliament. Initiatives taken by national
human rights institutions and important decisions by the Supreme Court and courts
at the local level demonstrate the potential role of an effective national protection
system in curbing human rights violations and impunity. Similarly, efforts undertaken
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