National
Amid reform delays, rights body braces for status review
NHRC member Surya Dhungel claims they are in a stronger position to defend the commission’s ‘A’ status.
Binod Ghimire
Seventeen months after retaining its global ‘A’ ranking, the National Human Rights Commission (NHRC) is set for another review next week in Geneva, Switzerland.
NHRC representatives will appear before the sub-committee on accreditation (SCA) of the Global Alliance of National Human Rights Institutions on March 17 to defend the commission’s status. National human rights institution from each country goes through reviews every five years. However, special reviews can be conducted at any time if there is a complaint against them.
The commission went through special accreditation reviews in 2022 and 2023, following complaints from civil society organisations alleging that the appointment of the chairperson and members in the commission was inconsistent with domestic laws and essential requirements of the Paris Principles. In October 2023, the global alliance decided not to downgrade its global ‘A’ status—for the time being.
Surya Dhungel, a member of the constitutional body, accompanied by a senior official, will appear before the SCA to make their case. “Unlike previous reviews, this one is a routine periodic review. We are better positioned this time to defend the commission,” said Dhungel. “We are functioning effectively while we are also putting in all effort for a new law for the commission in line with the Paris Principles.”
An SCA panel, comprising representatives from New Zealand, South Africa, Honduras and Serbia will quiz the NHRC on a wide range of issues, which are mainly related to its autonomy. In the previous review, the accreditation sub-panel had called for revising the commission’s existing Act in line with the Paris Principles.
Adopted in 1993 by the United Nations General Assembly, the Paris Principles set six criteria that national human rights institutions must follow. These include autonomy from the government and the independence guaranteed by the constitution, besides adequate competence, pluralism and the availability of resources and powers to carry out investigations.
The commission, with the government’s consent, drafted a bill for its new Act and forwarded it to the Prime Minister’s Office (PMO) on September 3, 2024. However, after sitting on the bill for around six months, the PMO has sent the draft bill to the Ministry of Finance. Draft bills are sent to the finance ministry for consent to see if their implementation increases the burden on the state coffers.
Amid continued delay, on Sunday, the commission invited Minister for Foreign Affairs Arzu Rana Deuba to discuss the matter. Deuba in February third week had addressed the 58th session of the Human Rights Council where she had reiterated Nepal’s commitment to the protection and promotion of human rights.
“The minister agreed to play her part to expedite the process to bring a new Act,” said Dhungel. The NHRC has long been lobbying the government to register the bill in Parliament so that it can strongly defend itself in the accreditation review. However, it is impossible for the bill to reach Parliament as the review is just a week away.
Nepal has announced candidacy for a seat on the council for the third time. Retention of the commission’s ‘A’ status is necessary to present its candidacy strongly as only countries where the commission has the highest ranking are considered to have a strong human rights record.
During Sunday’s meeting, Deuba, based on her interaction last month in Geneva, said the commission had a good international image. Besides addressing the council, she had met top United Nations officials, including the United Nations High Commissioner for Human Rights, Volker Türk.