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Prime Minister Pushpa Kamal Dahal has pledged to ensure the full implementation of recommendations of the National Human Rights Commission (NHRC).

Addressing a function organized by the NHRC, marking the 75th International Human Rights Day, here today, the Prime Minister said he would initiate to implement all the NHRC recommendations. 

On the occasion, the government head said the government is consistently working to amend the act relating to transitional justice so as to make survivors feel of a greater justice.  "Politically, I am also effortful to make this happen," he said, pledging all sorts of possible support to make the NHRC further empowered and resourceful.

He utilized the forum to remind that the Constitution has identified 31 rights as fundamental rights of the citizens. "The government is committed to the protection of human rights."

NHRC Chair Top Bahadur Magar apprised the Prime Minister that only 15.3 percent NHRC recommendations have been enforced, urging the government to prioritize the implementation of NHRC advice. Taking the opportunity to brief the Prime Minister of challenges the NHRC is facing for operations due to its quake-damaged structures, he called on the government to swiftly conclude the transitional justice issues. 

NGO Federation President Ram Prasad Subedi said though Nepal's constitution is exemplary, improvements are needed in the status of constitutional mechanism and its implementation. "Frustrating remarks about the republic are due to the failure of the State's mechanism to work efficiently."

Fifteenth Human Rights Magna Meet coordinator Dipak Soni advised the government to be serious to conclude the transitional justice procedures. "Human Rights of each citizen be guaranteed."

“Human rights are not negotiable items that companies and governments are permitted to eliminate by contract.” 

That’s a quote from Andrea Shemberg, a former legal adviser to Amnesty International UK. 

Here’s one more, from Maximilien Robespierre, “Any law which violates the indefeasible rights of man is in essence unjust and tyrannical, it is no law.” 

There is virtually no aspect of our work that does not have a human rights dimension. Whether we are talking about peace and security, development, humanitarian action, the struggle against terrorism, climate change, none of these challenges can be addressed by ignoring human rights.

We know that the French Declaration of Rights of Man and of the Citizen (1789) was the first document, which referred to social, economic and cultural rights, rights to education, work, property and social protection.

In 1941, the Atlantic Charter was declared, which made way for an International Bill of Rights (1942-45) and the Universal Declaration of Human Rights (UDHR) on 10 Dec 1948. 

Article 25.1 of UDHR states:

“Everyone has the right to a standard of living adequate for health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social service and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” 

The International Commission on  Civil and Political Rights (ICCPR), 1976  and International  Commission on Economical, Social and Cultural Rights 1976 oblige signatory nations to ensure human rights and so does UDHR. 

Nepal is also a party to international human rights conventions, covenants and protocols.

Worryingly, appointments made to the National Human Rights Commission, the constitutional rights watchdog, have failed to meet national and international standards, including those outlined in the Paris Principles. 

After conducting a review for two consecutive years, a Ganhri Subcommittee on accreditation (SCA) in October last year recommended downgrading NHRC to the “B’’ category. Notably, one of the commissioners is requesting the government to amend the relevant Act and give NHRC more authority in line with the Paris Principles to avoid this action. The rights watchdog, caught in deep sleep for long, seems to have woken up and has begun blaming the state for failing to defend its appointments. A statement from the appointees reads, “Our appointments alone are not responsible for the downgrading. The government’s failure to strongly defend the appointments before the United Nations Human Rights Committee is primarily responsible for the Ganhri action. 

A bad carpenter quarrels with his tools.

Let’s go back a little bit to understand the crisis better. 

The Constitutional Council under the then Prime Minister KP Sharma Oli had  nominated chairpersons and members at various constitutional bodies, including the NHRC, on the basis of the Constitutional Council Act revised through an ordinance on 15 Dec 2020. The then President, Bidya Devi Bhandari, subsequently appointed the chair and four commissioners at the NHRC on 3 Feb 2021 on the government’s recommendations. 

Even during the reign of King Gyanendra, NHRC was not in such a sorry state. The SCA is bound to review the commission’s present status following complaints from several human rights bodies, chiefly over the appointments of NHRC officials. 

In the reviews conducted in 2021 and 2022 also, the Ganhri commission had recommended downgrading NHRC, pointing at the unconstitutional appointment process. NHRC’s ‘inability’ to safeguard minority rights did not help either. Add to it all half-a-dozen writ petitions challenging the ordinance and the appointment process that are sub-judice in the Supreme Court as well as civil society organizations’ dissatisfaction with the working process of NHRC.

Against this backdrop, who will come to the rescue of the constitutional rights body? 

The author is a former member of NHRC

Over a decade ago, Nepal embarked on an earnest mission to fortify journalistic safety and uphold press freedom. A spirited endeavor sought to erect a comprehensive nationwide framework safeguarding the integrity and security of those entrusted with the mantle of holding power accountable. Yet, despite fervent determination and resolute global support, the realization of this noble undertaking remains tantalizingly elusive, emblematic of the chasm between aspiration and realization.

This chronicle finds its genesis in 2012, when Nepal’s vision coalesced into the framework for a journalists’ safety mechanism. Years of meticulous labor culminated in late 2019, with the National Human Rights Commission (NHRC), the custodian of fundamental rights, promulgating protocols harmonized with the tenets of the Human Rights Act of 2012. However, the path from conceptualization to actualization has been punctuated with complexities and challenges.

Despite the concerted support of international organizations, lending their intellectual and financial weight, concrete advancement remains a chimera. Underpinning the stipulated guidelines was a triumvirate of mechanisms, conceived not only to shield journalists but to uphold the bedrock of unbridled expression.

At the epicenter of this vision stands a steering committee, envisaged as the linchpin of the entire edifice. Chaired by a distinguished NHRC member, this committee convenes stakeholders from diverse realms, including the Nepal Bar Association, the Office of the Prime Minister and Council of Ministers, the Federation of Nepali Journalists, and the Nepal Police.

In 2021, the mantle of coordinating this pivotal committee was bestowed upon NHRC member Manoj Duwady. Yet, substantial progress remains an elusive quarry. Despite three meetings, the initiative languishes in its embryonic state. “Scarce resources, pivotal for the mechanism’s activation, are a critical constraint,” says Duwady.

Nestled within this overarching framework, the inception of a task force within NHRC was envisaged. However, an opaque veil shrouds the mechanics of these mechanisms, leaving stakeholders and the public grappling for clarity. Concurrently, the swift deployment of a rapid response unit, tasked with assuaging the predicaments of local-level journalists ensnared in challenges, remains more an abstract concept than a tangible reality. Regrettably, NHRC's vows remain stuck in the realm of verbal commitments, yet to materialize in the form of a functioning committee.

Laxman Datt Pant, a proponent of international media rights and chairperson of Media Action Nepal, leaves no room for equivocation in his censure of NHRC’s inertia. “The commission’s avowals to safeguard journalists and uphold the freedom of expression sound increasingly hollow,” he says. “Inaction not only corrodes the institution’s credibility but also underscores a palpable dearth of authentic commitment to the very ideals it professes.”

With a clarion call for action to supplant rhetoric, Pant implores NHRC to translate verbal declarations into palpable efforts, echoing the spirit of the ambitious UN Plan of Action on the Safety of Journalists and the Issue of Impunity.

Having taken root in 2013, this initiative has garnered international solidarity, with prominent entities like UNESCO and stalwarts from the Nepal International Media Partnership providing vital technical counsel to NHRC.

In the face of NHRC’s assertions of constrained resources, a senior official acknowledges an intriguing absence of outreach to international channels for funding.

Ironically, despite multimillion-dollar investments by international entities, the journalist safety mechanism languishes in a state of inertia. Consequently, journalists grappling with danger at the grassroots level find themselves bereft of the prompt succor they direly require.

Bipul Pokhrel, the chairman of the Federation of Nepali Journalists, says that the operational blueprint of the steering committee remains an open question.

“Deliberations are underway to enhance the efficacy of these mechanisms,” he says. Emphasizing the imperative of inclusive stakeholder representation within the steering committee, Pokhrel underscores the significance of financial underpinning.

“With the mandate to safeguard journalists from tangible threats, financial support stands as a cornerstone. Thus, meticulous groundwork emerges as a decisive determinant in guiding the mechanism to realization.”

As Nepal’s chronicle spans over a decade, its odyssey to safeguard its journalistic guardians emerges as a narrative of soaring ideals tempered by intricate implementation. As stakeholders navigate this intricate terrain, the watchful gaze of the press, human rights advocates, and the global community remains riveted, poised for the transformative juncture when words transmute into resolute action.

Roughly two decades after the Gaur massacre, the government has promised justice for the victims. While the delay in justice delivery is regrettable, I take this pledge positively.

It should be noted that the United Nations Human Rights Commission had published a report on the massacre, urging legal action against the accused. Six months into the heinous crime, the National Human Rights Commission Nepal (NHRC) had also submitted its findings. But successive governments paid no heed to these reports.

In the wake of the victims’ protests, the government has taken an initial step toward justice dispensation. But it has not gone well with leaders of the Janata Samjbadi Party Nepal, a partner in the ruling coalition, which has started pressing the government to halt further steps.

Such acts can hinder the pursuit of justice. The government should probe this case by withstanding political pressure and deliver justice to the victims.

The author is a human rights activist