Part-25 National Human Rights Commission

Part-25 National Human Rights Commission

National Human Rights Commission
248. National Human Rights Commission:

(1) There shall be a National Human
Rights Commission of Nepal, consisting of a Chairperson and four other members.

(2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members.

(3) The term of office of the Chairperson and members of the National
Human Rights Commission shall be six years from the date of appointment.
(4) The Chairperson and members appointed under clause (2) shall not
be eligible for reappointment.Provided that a Member may be appointed to the office of Chairperson, and
when a member is so appointed as the Chairperson, his or her term of office shall
be so computed as to include his or her term as the Member.

(5) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Human Rights Commission shall be
vacant in any of the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if a motion of impeachment is passed against him or her under
Article 101,

(c) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,

(d) if he or she dies.

(6) A person shall be eligible to be appointed as the Chairperson or a
member of the National Human Rights Commission if he or she possesses the
following qualification:

(a) in the case of the Chairperson, being a retired Chief Justice or retired
Judge of the Supreme Court and having rendered outstanding
contribution to the protection and promotion of human rights or
being a renowned person having been active for at least twenty years
in and rendered outstanding contribution to the protection and
promotion of human rights or to various fields of national life,
(b) in the case of a Member, being a person being involved in the field
of the protection and promotion of human rights or rights and
interests of the child or being a renowned person having been active
for at least twenty years in and rendered outstanding contribution to
various fields of national life,

(c) holding a bachelor’s degree from a recognized university,

(d) having attained the age of forty five years,

(e) not being a member of any political party at the time of appointment,

(f) being of high moral character.

(7) The remuneration and other conditions of service of the Chairperson
and members of the National Human Rights Commission shall be as provided for
in the Federal law. The remuneration and conditions of service of the Chairperson
and members of the National Human Rights Commission shall not, so long as they
hold office, be altered to their disadvantage.Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.

(8) A person once appointed as the Chairperson or a member of the
National Human Rights Commission shall not be eligible for appointment in other
government service.
Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.

249. Functions, duties and powers of National Human Rights Commission:

(1) It
shall be the duty of the National Human Rights Commission to respect, protect
and promote human rights and ensure effective enforcement thereof.

(2) For the accomplishment of the duty mentioned in clause (1), the
National Human Rights Commission shall perform the following functions:

(a) to inquire, on its own initiative or on petition or complaint presented
in or sent to the Commission by a victim or any person on his or her
behalf or on information received by the Commission from any
source, into and investigate complaints of violations of human rights
of an individual or group or abetment thereof, and make
recommendation for action against the perpetrators,

(b) if any official who has the responsibility or duty to prevent
violations of human rights fails to fulfil or perform his or her
responsibility or duty or shows reluctance in the fulfilment or
performance of his or her responsibility or duty, to make
recommendation to the concerned authority to take departmental
action against such official,

(c) if it is required to institute a case against any person or organization
who has violated human rights, to make recommendation to file a
case in the court in accordance with law;

(d) to coordinate and collaborate with the civil society in order to
enhance awareness on human rights,

(e) to make recommendation, accompanied by the reasons and grounds,
to the concerned body for taking departmental action against and
imposing punishment on those who have violated human rights,

(f) to carry out periodic reviews of the relevant laws relating to human
rights and make recommendation to the Government of Nepal for
necessary improvements in and amendments to such laws.

(g) if Nepal has to become a party to any international treaty or
agreement on human rights, to make recommendation, accompanied
by the reasons therefor, to the Government of Nepal; and monitor
whether any such treaty or agreement to which Nepal is already a
party has been implemented, and if it is found not to have been
implemented, to make recommendation to the Government of Nepal
for its implementation,

(h) to publish, in accordance with law, the names of the officials,
persons or bodies who have failed to observe or implement any
recommendations or directives made or given by the National
Human Rights Commission in relation to the violations of human
rights, and record them as violators of human rights.

(3) In discharging its functions or performing its duties, the National
Human Rights Commission may exercise the following powers:

(a) to exercise all such powers as of a court in respect of the summoning
and enforcing the attendance of any person before the Commission
and seeking and recording his or her information or statements or
depositions, examining evidence and producing exhibits and proofs,

(b) on receipt of information by the Commission in any manner that a
serious violation of human rights has already been committed or is
going to be committed, to search any person or his or her residence
or office, enter such residence or office without notice, and, in the
course of making such search, take possession of any document,
evidence or proof related with the violation of human rights,

(c) in the event of necessity to take action immediately on receipt of
information that the human rights of any person are being violated,
to enter any government office or any other place without notice and
rescue such person,

(d) to order for the provision of compensation in accordance with law to
any person who is a victim of the violations of human rights;

(4) The National Human Rights Commission may so delegate any of its
functions, duties and powers to the Chairperson of the Commission, any of its
Members or a government employee as to be exercised and complied with subject
to the specified conditions.

(5) Other functions, duties and powers and rules of procedure of the
National Human Rights Commission shall be as provided for in the Federal law.