Archive ref no: NCA-20241
Interaction program on draft report of domestication of ICCPR, 3 July 2006
The National Human Rights Commission (NHRC) organized an interaction program with stakeholders on the draft report of the domestication of the International Covenant on Civil and Political Rights, 1966 (ICCPR) in Nepal. The report was prepared by the researcher Bhimarjun Acharya for the Commission.
The report analyzes the domestication status of ICCPR in Nepal. The researcher prepared the report after reviewing legislative enactment, government policies and programs, institutional measures, and judicial pronouncements related to the Covenant.
This is the first report prepared in Nepal on the domestication status of international conventions on human rights. Nepal is party to ICCPR since August 14, 1991.
While presenting the report during the program, the researcher stated that although the present Constitution has included most of the provisions of ICCPR, the right to self-determination of every person, right to life, right to security, right of victims of unlawful detention, rights of convicted persons, right to recognition as a person before the law and the right to acquire nationality by every child are not stated clearly.
He added that although the ongoing 10th Five Year Plan and the National Human Rights Action Plan have also come in line with the spirit of ICCPR, there remains a vast gap between the implementation and practice.
The report states that legal provisions are not sufficient with regards to issues related to torture, sexual crimes and prior censorship in news materials.
Former Attorney General Badri Bahadur Karki commented on the report and said that the report was rich in details and although Nepal was liberal in becoming party to international instruments on human rights, the implementation aspect was poor because of a lack of implementation mechanisms.
The second commentator, former Secretary at the Judicial Council Mr. Kashi Raj Dahal, said that NHRC should recommend to the Government of Nepal with a list of all laws that are in contravention with the ICCPR. Similarly, NHRC should recommend to the Government to formulate policies and programs and to set up the institutions to guarantee rights stated in the ICCPR by reviewing the judicial pronouncements from a human rights perspective, he added.
NHRC Commissioner Dr. Ram Dayal Rakesh expressed the Commission's active commitment to protect rights of Nepalese people.
Earlier, inaugurating the program, NHRC Commissioner Sushila Singh Silu expressed the Commission's commitment to send its recommendations to the government after incorporating suggestions gathered from discussions with stakeholders.
Head of the Legislative Assistance Division of NHRC Shankar Nath Adhikari, Bhupendra Poudyal form Defense Ministry, Janak Bahadur Adhikari from Office of the Attorney General, Tara Prasad Sapkota from Nepal Law Campus, Kausal Chandra Subedi from Ministy of Law and Parliamentary Affairs, Kali Prasad Pokhrel from Ministry of Foreign Affairs, Rajesh Poudyal from Office of Prime Minister and Council of Ministers, representative of Informal Sector Service Centre (INSEC) Vidya Chapagain, Dr. Shree Ram Banskota from the Human Rights Organization of Nepal (HURON), advocates Madhav Koirala, Kumar Regmi, Kalyani Shah, Bishnu Maya Bhusal and Sabita Baral also expressed their views on the draft report.
Bimal Babu Khatri