Dear friends,
The Asian Human Rights Commission (AHRC) is forwarding to you a statement released on 28 May 2005 by 25 human rights organizations in Nepal questioning the legitimacy and legality of the present National Human Rights Commission (NHRC) of Nepal and its concurrent officials.
The NHRC was formed following an amendment to the National Human Rights Commission Act (NHRC) of 1997 after the King took over to power on 1 February 2005. The group also questioned the NHRCs credibility in performing their duty as an independent body. It has a very serious implication to the rule of law and protection of human rights in Nepal.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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[Joint Statement]
May 28, 2005, Kathmandu
An Illegitimate Body: the National Human Rights Commission
Press statement by 25 human rights organizations in Nepal
We strongly protest the illegitimate and illegal body of the National Human Rights Commission (NHRC) formed under the previous chair Nayan Bahadur Khatri on May 27, 2005 through the amendment of the National Human Rights Commission Act (NHRC), 1997. We understand that this amendment and formation of the body demonstrates the regime’s continued attempts to dismantle democratic institutions in the country, which began immediately after the assumption of all executive powers by the King on February 1, 2005.
1. The process of formation of the new body of the NHRC through the illegitimate amendment, via ordinance, of the NHRC Act violates the basic norms of “rule of law” and further proves the elimination of “rule of law” in the country. We are convinced that this body will not be autonomous, sovereign and independent.
2. It is certain that the newly formed NHRC will play an active role in covering up human rights abuses in the country, while the term of the previous chair Nayan Bahadur Khatri has been extended because of his obvious key role in demolishing the independent status of the NHRC by publicly supporting the regime after the February 1st royal move at a time of increasing human rights abuses. His support for the February 1st move was also publicly noted during the Asia Pacific Meeting of the National Human Rights Commissions in Geneva on the side of the 61st session of the UN Commission of Human Rights. We also believe that the newly formed body of the NHRC will comply and bend to the will of the regime while carrying out its activities.
3. It seems useless to expect the protection of human rights from the appointed members, who have remained so close to the regime and have never hesitated to supply confidential and sensitive information regarding human rights organizations to the state. There is no basis on which to trust the independence or impartial investigation from such unethical and unmerited people. The members were selected as a reward for supporting the regime, and the NHRC no longer complies with the norms of the “Paris Principles” of the National Human Rights Institutions that includes autonomy, independence, impartiality, efficiency and professionalism. We are convinced that this illegitimate body of the NHRC will not carry out any activities in support of victims, and will instead be supportive only to the regime, which consistently curtails the civil liberties of the people.
Finally, we state that civil society and the human rights community do not intend to carry out any form of dialogue, support or coordination with the newly formed NHRC body, whose very means of formation is undemocratic and whose members favor autocracy and do not support democracy and human rights.
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Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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