Accreditation status: A
The National Human Rights Commission of Nepal (‘the Commission’) is an independent body, governed by the National Human Rights Commission Act of 2012 and the Interim Constitution of Nepal, 2007. It is responsible for conducting inspections, investigation and monitoring of agencies of the Government of Nepal, public institutions, companies and persons for the protection of human rights. It can provide necessary suggestions to the agency or person concerned with making improvements. It can also initiate studies and make recommendations for educational courses, or any other matters relating to the promotion and protection of human rights. The commission can receive human rights violation complaints and make decisions on how to protect them or stop their abuse.
The Commission does not have competency on any matters covered by the Army Act. The commission cannot award compensation, if the victim has already received compensation or if the proceedings have already been moved forward pursuant to other prevailing laws regarding human rights violations.
Who can access it?
In case of violation of human rights the victim or anyone on behalf of him or her, can lodge a complaint to the Commission against any governmental agencies or their officials, private agencies or their officials or persons.
How does it work?
Complaints need to be submitted within 6 months from the date the violation took place, or from the date on which a person, under control of someone else, got released. A complaint can be submitted in writing to the address of the commission, or by e-mail. When a complaint has been received in writing, the Commission provides a receipt of the registration to the complainant and notes it in a registration book. If the information is received through verbal, or any other means, it also needs to be noted in the registration book. No fees are charged for complaints lodged.
The Commission initiates preliminary proceedings and conducts an investigation immediately after a complaint is received or upon its own discretion. A report is then submitted. On the basis of this report the Commission can, within six months from the date of the complaint, decide what action to take.
The Commission can decide to take the following actions:
- Issue an order to stop an act, if it is in violation and if it would cause further human rights violations
- Provide compensation to the victim at a maximum value of 300,000 NPR. If the victim is deceased or disabled, the compensation is given to a person considered appropriate from among his/her relatives
- Refer complaints to the Court
- If the concerned parties submit a joint petition reconciliation can be made possible. Reconciliation is not possible for serious violations. If a complaint is settled through reconciliation it can no longer be brought before the Commission.
Monitoring and Enforcement
The concerned official, individual or agency, against whose violation a decision is taken has to submit a report to the Commission and inform the Commission on the implementation of this decision. In case the decision cannot be performed, the one in violation has to submit a report to the Commission, explaining in detail the reasons for the lack of performance. In that case the Commission can provide further guidelines.
The Commission can contact the appropriate authorities or take actions necessary against the person, official or authority who is acting in violation to the course of action prescribed by the Commission.