KATHMANDU, JUNE 11
The International Bar Association's Human Rights Institute has expressed serious concern about the dissolution of Nepal's House of Representative by President Bidhya Devi Bhandari for the second time in six months and the declaration of mid-term general elections in November.
According to the IBAHRI, the alleged attempts of Prime Minister KP Sharma Oli and the Council of Ministers to interfere in the implementation of the country's constitutional system, parliamentary democracy and judicial norms are of further concern. The IBAHRI has also expresses the serious concern over the possible human rights violations of Nepal's citizens as the political turmoil takes centre stage and the government is least focused on mitigating the COVID-19 crisis.
IBAHRI Co-chair and Immediate Past Secretary General of the Swedish Bar Association Anne Ramberg Dr jur hc said, "With the dissolution of the Parliament and reported unvetted appointments made to the National Human Rights Commission, Election Commission and other constitutional bodies through an ordinance issued by the prime minister-led Constitutional Council, it is worrying that fundamental aspects of the rule of law are being bypassed in Nepal. The IBAHRI condemns the dissolution of Parliament and any interference in relation to the separation of powers, both of which are detrimental to any democracy, but particularly to a fledgling democracy."
She urged the authorities of Nepal to guarantee genuine democracy, to respect and uphold the nation's 2015 constitution as well as citizens' rights, including their paramount rights to life and health, which requires the COVID-19 pandemic receive the government's fullest attention.
Ramberg added, "The government needs to recognise the severity of the COVID-19 crisis and the negative impact it has had on citizens in general and on Nepal's democracy specifically. It will be prudent for the government to provide citizens with tools to enable them to participate fully in the electoral process without having to subject themselves potentially to contracting the virus."
In a press release issued today, the IBAHRI called on the Government of Nepal to uphold human rights values and equality as enshrined in Article 2 of the International Covenant on Civil and Political Rights. As per the IBAHRI, prior to the dissolution of the Parliament on 20 December last year, action was taken by the Constitutional Council, headed by the Prime Minister, that undermined the parliamentary role of the House of Representatives.
The Council issued an ordinance to amend the 2010 Constitutional Council Act (Functions, Duties and Procedures) that bolstered the influence of the Council, which makes recommendations for key appointments to the judiciary, the Election Commission, NHRC and other constitutional bodies.
Under the Constitutional Council Act, five out of six members must be present to approve a decision. However, the ordinance altered this provision so that the Council can take decisions on a majority basis with only three members present.
On the day the ordinance was issued, 15 December 2020, three members of the Council met – Prime Minister Oli, Chief Justice Cholendra Shumsher Rana and the Chairman of the National Assembly Ganesh Prasad Timilsina – and made 38 nominations to vacant positions on the constitutional bodies and five seats on the NHRC.
Under the 2015 Nepal Constitution, these appointments are supposed to be vetted by the Parliament. However, the Parliament was dissolved five days later. Despite the nominations circumventing the usual constitutional process, the appointments stand.
Ramberg said, "We urge Nepali authorities to restore public trust and to give every consideration to ensure that the citizens are able to carry out their democratic options fully, safely and confidently in the integrity of both process and outcome"
A version of this article appears in the print on June 12, 2021, of The Himalayan Times.
