KATHMANDU, OCTOBER 20

The National Human Rights Commission, which has maintained 'A' status since its inception, risks losing its status as the Geneva-based Global Alliance of National Human Rights Institutions (GANHRI) is likely to take a call on the issue.

GANHRI Sub-committee last year downgraded the NHRC status to 'B' raising questions on the legality of appointment of NHRC office bearers (members and its chief) and their work performance.

In accordance with Article 18 of the GANHRI Statute, a recommendation to downgrade does not take effect for a period of a year. GANHRI, therefore, is going to take a call on the status of NHRC in the review meeting scheduled be held in Geneva from October 23-27.

The NHRC which has one year to make efforts to ensure compliance with Paris Principle and to avert the crisis did not do enough.

The NHRC had retained its 'A' status since its inception for performing its duties in an autonomous, independent, neutral, and impartial institution. Former member of NHRC Mohna Ansari said NHRC office bearers were acting like the liaison office of the executive branch and thus they failed to keep the legacy of the rights body. She said the NHRC failed to protect the interests of victims of human rights violations and even when the government made erroneous decision pardoning criminals recently, the NHRC condemned the government's decision only after civil society members intensified their protests against the decision.

Human rights activist and lawyer Raju Chapagai said that if the NHRC's status was downgraded to 'B' it would give a message to the international community that Nepal had lagged behind in its commitment to the protection and promotion of human rights. Chapagai said that the government could have averted the crisis by submitting an action plan to GANHRI pledging to address GANHRI's concerns in six months or one year's time. 'The government did not do anything in the last one year and only recently did it give theoretical consent to amend the NHRC Act and that was not enough to convince GANHRI,' he added.

After the KP Sharma Oli government made appointments to the NHRC through an ordinance which was repealed by the government subsequently, GANHRI had expressed serious concerns about these appointments and warned the NHRC that it could review the NHRC's 'A' status. GANHRI took the decision to downgrade NHRC status after the latter failed to show that the appointments were made in line with Nepal's domestic laws and the Paris Principles that guarantee open, transparent, and participatory processes are followed.

As per Article 18 of the GANHRI statute, a thing recommended thing does not take effect for a period of one year, so a call will be taken later

A version of this article appears in the print on October 21, 2023, of The Himalayan Times