CHAPTER I

1.1. Introduction

The National Human Rights Commission, established as an independent

statutory body in 2000, has now been elevated to a powerful constitutional body
with a commensurate mandate, competence and independence. 1 The NHRCN
was elevated to a constitutional body by the Article 131 of the Interim
Constitution of Nepal, 2007 and by Article 248 of the present Constitution of
Nepal (2015).2 NHRC Nepal has a separate sphere of responsibilities as
mandated in the Constitution of Nepal. These responsibilities complement the
normal machinery of the Supreme Court, Office of the Attorney General, and
other existing judicial and quasi-judicial bodies of Nepal 3. NHRCN submits its
annual report of its functioning to the President, and the President causes that
report to be laid through the Prime Minister before the Federal Parliament. The
NHRCN motto, ‘Human rights for all, at every household: basis of peace and
development’ has set a new goal to take human rights consciousness in every
household.4

The NHRCN was created in response to 1991 UN-sponsored meeting of the

representatives of national institutions held in Paris. The meeting laid down
Paris Principles, a detailed set of principles on the status of national institutions.
These principles, subsequently endorsed by the UN Commission on Human
Rights (Resolution 1992/54 of 3 March 1992) and the UN General Assembly
(Resolution 48/134 of 20 December 1993) have become the foundation and
reference point for the establishment and operation of the National Human
Rights Commission of Nepal as well.5 The Commission is fully compliant with
the principles relating to the status of national institutions for the promotion and
protection of human rights (Paris Principles) and has been accredited with “A”
status by the Global Alliance of National Human Rights Institutions. This status
of the Commission and an embodiment of Nepal's concern for the promotion,
protection and respect of human rights paved way to Nepal to be elected as a
member of United Nations Human Rights Council.6
1
National Human Rights Commission of Nepal, About NHRCN, [Link]
2
Interim Constitution of Nepal, art. 131; Constitution of Nepal (2015), art. 248; National Human Rights
Commission of Nepal, National Human Rights Commission (NHRCN) Report
3
National Human Rights Commission of Nepal, NHRCN Report
4
National Human Rights Commission of Nepal, About NHRCN, [Link]
5
Id.
6
Id.

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The Paris Principle stresses that the composition of the national institution and
the appointment of its members, whether by means of an election or otherwise,
shall be established in accordance with a procedure which affords all necessary
guarantees to ensure the pluralist representation of the social forces (of civilian
society) involved in the promotion and protection of human rights.7

1.2 Importance in Nepalese Context

In Nepal NHRC has a very essential role because of the following:

i. For the protection of Fundamental Rights

ii. To monitor and report the actions of state actors and Non state actors

iii. To access justice for Victims

iv. To expand Transitional Justice

v. Increase coordination with Civil Society

1.3 Challenges and Future Perspective

The National Human Rights Commission (NHRC) in Nepal faces significant

challenges, including political interference, limited resources, and weak
enforcement power. Its recommendations often lack legal binding, and there is a
culture of impunity, particularly for powerful individuals. Societal norms,
underreporting of violations, and lack of awareness about human rights further
hinder its effectiveness, especially in rural areas.

Besides, several actions of NHRC there exist many challenges

i. Huge Implementation gap

ii. Resource constraints

iii. Lack of Finance and Technical resources

iv. Political influence in decision making process

7
Principles Relating to the Status of National Institutions (The Paris Principles), G.A. Res. 48/134, U.N. Doc.
A/RES/48/134 (Dec. 20, 1993).

2
 CHAPTER II

2.1. Formation of National Human Rights Commission

Article 248 and 292 of Constitution of Nepal Provides that members of the
Constitutional Bodies (including the NHRCN) are appointed on the
recommendation of the Constitutional Council pursuant to Parliamentary
hearing conducted for their appointments.8

2.1.1 The selection and appointment process

The Constitutional Council proposes the candidates on the basis of prerequisite

as specified in the article 248 clause 6 (a) to (f) that details the minimum
qualification and experience. Article 248 (6) provides a person shall be eligible
to be appointed as the Chairperson or a member of the National Human Rights
Commission if he or she possesses the following qualification9:

The Chairperson of NHRCN if he/she:

1. is a retired Chief Justice or retired Judge of the Supreme Court

2. having rendered outstanding contribution to the protection and promotion of

human rights or

3. being a renowned person having been active for at least twenty years in and
rendered outstanding contribution to the protection and promotion of human
rights or to various fields of national life,

2.1.2. A member of NHRCN, if he or she:

1. is a person being involved in the field of the protection and promotion of

human rights or rights and interests of the child or

2. is a renowned person having been active for at least twenty years in and
rendered outstanding contribution to various fields of national life,
8
Constitution of Nepal, arts. 248, 292 (providing for the appointment of members of constitutional bodies,
including NHRCN, on the recommendation of the Constitutional Council and subject to a parliamentary
hearing).
9
Constitution of Nepal, art. 248(6)(a)–(f) (specifying the minimum qualifications and experience required for
appointment as the Chairperson or a member of the National Human Rights Commission).

3
3. holding a bachelor's degree from a recognized university,

4. having attained the age of forty five years,

5. not being a member of any political party at the time of appointment,

6. being of high moral character.

The Constitution has laid down the high qualifications that the members are
required to have, to be eligible to be appointed to the Commission. Article 248
of the Constitution of Nepal, has provisioned the following10:

1. National Human Rights Commission, Nepal, consists of a Chairperson and

four full time remunerated members.

2. The President on the recommendation of the Constitutional Council appoints

the Chairperson and members.

3. The term of the office of the Chairperson and members of the NHRCN is six
years from the date of appointment.

4. The Chairperson and members appointed are not eligible for reappointment.

Article 248(5) of Constitution of Nepal states, Notwithstanding anything

contained in clause (3), the office of the Chairperson or member of the National
Human Rights Commission shall be vacant in any of the following
circumstances11:

(a) if he or she tenders resignation in writing to the President,

(b) if a motion of impeachment is passed against him or her under Article 101,

(c) if he or she is removed from office by the President on recommendation of

the Constitutional Council on grounds of his or her inability to hold office and
discharge the functions due to physical or mental illness,

(d) if he or she dies

2.1.3 Functions, duties, and powers of National Human Rights Commission.

10
Constitution of Nepal, art. 248
11
Id,S.148(6).

4
The Commission is mandated to ensure the respect, promotion and protection of
human rights, is competent to launch inquiries and investigations into alleged
human rights violations, and can recommend legal or departmental action
against human rights violators. The establishment of the Commission complies
with the standards set out in the 'Paris Principles'. To name a few, independence
is guaranteed by the Constitution and an act; a broad mandate based on
universal human rights standards. Apart from these powers, the Constitution has
also envisaged that the Commission may review the provisions on safeguards
provided by the Constitution and other prevailing law for the enforcement of
human rights and submit necessary recommendations for the effective
implementation of such provisions.

The Commission propagates human rights education at different levels of

society through various seminars, symposia, conferences and also builds
consciousness and awareness for the protection of human rights. The
Commission encourages the functioning and efforts of institutions working in
the non-governmental sector. In addition, there is a general power to carry out
such activities, as the Commission may deem necessary and appropriate for the
enforcement, promotion and protection of human rights.

The Commission has a broad mandate including civil and political rights,
economic, social and cultural rights, and rights of the other groups. Article 249
of the Constitution of Nepal, 2015 lays down that the Commission shall perform
the following functions, namely12:

1. To respect, protect and promote human rights and ensure effective

enforcement thereof.

2. Inquire on its own initiative or on petition or complaint lodged in or sent to

the Commission and investigate complaints about the violations of human rights
of an individual or group or abetment thereof, and make recommendation for
action against the perpetrators.

3. Recommend to the concerned authority to take departmental action against

any official, who fails to fulfill or perform his or her responsibility or duty or
shows reluctance in preventing violations of human rights.

12
Constitution of Nepal, art. 249 (outlining the mandate and functions of the National Human Rights
Commission, including the protection of civil, political, economic, social, and cultural rights).

5
4. Recommend to file a case in the court in accordance with law against any
person or organization who has violated human rights.

5. Coordinate and collaborate with the civil society in order to enhance

awareness on human rights.

6. Carry out periodic reviews of the relevant laws relating to human rights and
make recommendation to the Government of Nepal for necessary improvements
and amendments to such laws.

7. Recommend Government of Nepal for the implementation of any

international treaty or agreement on human rights, to which Nepal is a party.

8. Publish, in accordance with law, the names of the officials, persons or bodies
who have failed to observe or implement any recommendations or directives
made or given by the Commission in relation to the violations of human rights,
and record them as violators of human rights.

9. Recommend compensation to victim.

Conclusion

The National Human Rights Commission of Nepal (NHRCN) plays a vital role
in upholding human rights, ensuring accountability, and promoting a culture of
respect for fundamental freedoms. As a constitutional body, it operates with
independence and authority to investigate human rights violations, recommend
legal actions, and influence policy reforms. Its adherence to the Paris Principles
and accreditation with "A" status reflect its credibility on both national and
international levels. By collaborating with civil society, advocating for
legislative improvements, and working towards the effective implementation of
human rights laws, the NHRCN remains an essential institution in strengthening
democracy, justice, and human dignity in Nepal.

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