An amendment draft to the Government Cases Act and the regulations has included directive provisions for the government attorney to register case against rights violators as recommended by the National Human Rights Commission.

The legal improvement has increased the chances of implementation of recommendations made by the NHRC for action against rights violators.

In 16 years, the constitutional rights watchdog has recommended action in 735 cases of grave human rights violation, of which 105 recommendations have been implemented. All of the implemented cases are related to providing compensation to the victims, while not a single person has been held responsible for serious rights violation.

“During the follow-up on cases, the attorneys wanted specific legal provisions directing them to implement recommendations made by the national rights body,” said Bed Prasad Bhattarai, secretary at the NHRC.

The commission has also formed a three-member committee comprising two investigating officials and one official from the legal division to review the provisions in the NHRC Act and regulations.

As per the current provision, the constitutional body forwards its recommendations to the Prime Minister’s Office for implementation. However, the PMO has never forwarded these recommendations to the Attorney General’s Office, the implementing body.

Attorney General Hari Phuyal, who took the initiative to streamline legal provisions related to human rights and transitional justice, argues that the proposed amendments are aimed at bridging legal gaps for implementation of the recommendations.

“Penal action will be taken against the rights violators once the amendments to the Act and regulations are endorsed,” said Phuyal. “They will be forwarded to the concerned authorities soon.”

According to him, the draft amendment will be finalised soon in consultation with the NHRC and forwarded to the Law Ministry. The draft will then be sent to the legislative committee of Cabinet, which can endorse the regulation. The Act, however, must be endorsed by Parliament.

The commission has been authorised to order concerned officials, individuals or agencies for implementation of its recommendations, decisions or orders. The Supreme Court has also issued a verdict making the commission’s recommendations for action mandatory, including for courts. However, the government attorneys have been skipping the commission’s decisions citing legal lacunae in the existing Government Cases Act and NHRC Act.