In the wee hours of Sunday, police arrested former Chief Justice Cholendra Shumsher Rana from his residence without any arrest warrant. This raised questions over the legality of the arrest. Following the reports about the arrest, a team of the National Human Rights Commission, led by member Manoj Duwady, reached the Kathmandu Valley Crime Investigation Bureau to take stock of the situation. After making them wait for nearly 45 minutes, the police denied them a meeting with Rana. In doing so, the human rights watchdog was prevented from carrying out its constitutional responsibilities.

Whenever the Commission has reasons to suspect a violation of human rights, it is expected to act, as in Rana’s case. Those exercising the executive authority have a responsibility to cooperate with the Commission. However, on several occasions, those in power have repeatedly refused to do so, and that continues under the present government. 

After a months-long investigation involving interviews with over 90 people, the Commission on May 27 recommended action against those implicated in the atrocities during last year’s Gen Z protests. Four months have passed since it made its recommendations, but the government has paid little attention to them, ignoring its legal obligation either to act on the Commission’s recommendations or to respond in writing, explaining the reasons for non-implementation.

The Commission Act, 2012, explicitly says that the authority is required to implement an NHRC recommendation within three months and inform the Commission. If it faces difficulties, it must inform the Commission of the reasons within two months.

Furthermore, the implementation rate of the Commission’s other recommendations is dwindling. Non-compliance with the Commission’s recommendations only promotes impunity, and this must be corrected. According to the Commission’s report, in fiscal year 2022-23, 15.30 percent of its recommendations were fully implemented, while 39.20 percent were partially implemented and 45.50 percent were fully unimplemented.

The share of fully implemented recommendations as of the end of the previous fiscal year, which ended in mid-July, slumped to 13.66 percent, while the share of fully unimplemented recommendations rose to 51.23 percent. This tendency not only undermines the Commission’s authority but also sends a message that its recommendations can be disregarded with little consequence. It also risks discouraging victims from approaching the Commission if they see no meaningful action following its investigations.

On multilateral platforms, Nepal boasts of the Commission’s international ‘A’ status. While deciding on its status two years back, the reviewers had strong reservations about the poor implementation of its recommendations. Continued reluctance to implement its recommendations risks undermining the status that Nepal takes pride in.

Those in power must be mindful before taking any step that may affect the Commission and weaken it. Empowering NHRC is always in the larger public interest, particularly for the weaker sections of society.

By not implementing the Commission’s recommendations, the government is depriving hundreds of victims of justice and monetary compensation. It is time for the government to correct its course. The Commission, too, should be assertive in making sure that its recommendations are heard and acted upon. It has the legal authority to blacklist those who remain indifferent to implementing its recommendations. That authority should be exercised where necessary, both to protect victims’ rights and to uphold the Commission’s constitutional and legal standing.