It is best for the NHRC members to step down so that fresh appointments can be made
Since the inception of the National Human Rights Commission (NHRC) of Nepal in June 2000, it has always enjoyed grade 'A' status. But it is likely to lose that position in the Global Alliance of National Human Rights Institutions (GANHRI) by October this year if the commission does not act fast. With time fast running out, lawmakers across party lines expressed serious concern during an interaction with the commission the other day while showing solidarity with the NHRC in retaining its 'A' grade status. In November last year, GANHRI, an umbrella institution of NHRIS, had recommended downgrading the NHRC's status from A to B over, among others, the credibility of the appointment process of its office bearers. It claimed that their appointment did not take place in compliance with the Paris Principles and were not free from the government's executive control. The Paris Principles require the government to place a public vacancy announcement for the posts, which did not take place in the appointment of the five-member NHRC commission in February 2021. The appointment process not only lacked transparency but there was also no parliamentary hearing as is required by the constitution.
In December 2020, then President Bidhya Devi Bhandari had endorsed a controversial ordinance to change the procedure for making appointments by the Constitutional Council to, among others, the judiciary and various constitutional bodies. It allowed appointments to be made even when just three of the six members were present, which saw more than 52 persons being appointed by the Oliled government unilaterally to various constitutional bodies, including the NHRC. The NHRC has failed to defend and respond to the allegations made by GANHRI regarding the justification of the appointments, fulfilling its mandate or provide a list of activities for protecting human rights in the country. Whether during the hearing with the Sub-Committee of Accreditation (SCA) of GANHRI or in writing, the NHRC couldn't prove that the appointment process was constitutional or show who were provided justice while prosecuting the perpetrators of human rights violation.
During the interaction with the NHRC, lawmakers were worried that a downgrade in its status would not only undermine the image of the country in the international arena, including the United Nations Organisation, but also lose various privileges. A grade 'B' means poor human rights performance and non-compliance with the Paris Principles, and, therefore, bars the country from participating in the UN Human Rights Council or voting on any of its decisions.
Nepal will also not be allowed to host the meeting of the Asia Pacific Forum of NHRIs – an umbrella institution for Asian NHRIs – in Nepal. For a country that had been appointed twice to the UN Human Rights Council in the past, it is unfortunate to be sidelined in its next session. Try as it might, the NHRC cannot prove that the appointments were transparent or that public vacancy announcements for the posts were made or there had been a hearing. Therefore, it might be best for the commission members to step down so that the government can make fresh appointments according to existing international and domestic requirements.
Minimum wage
The minimum wage of workers set by the government in Nepal is just Rs 15,000, which is barely enough to support the workers themselves and their families. That is why a large number of youths migrate to foreign countries for employment, creating a shortage of labour force within the country, especially in the construction and agriculture sectors. Youths prefer to go to a foreign country, not because of their choice, but due to compulsion.
The minimum wage of workers was to be increased every two years. But it has not been reviewed for the last three years. Addressing a function organised by the General Federation of Nepalese Trade Union the other day, CPN-UML General Secretary Shankar Pokharel said that the government policy towards the workers' minimum wage was responsible for pushing the Nepali youths to opt for foreign employment.
Youths tend to migrate to foreign countries seeking greener pastures when they do not find decent job opportunities within the country. It is the responsibility of the government to create job opportunities by raising the minimum wages as per the price hike of daily commodities. We cannot achieve the goal of prosperity without retaining the able workforce in the country.
A version of this article appears in the print on August 15, 2023, of The Himalayan Times.
