UNDP and the National Human Rights Commission of Nepal
Tek TamataT

he National Human Rights Commission (nhrc) of Nepal was established on 26 May 2000 under the Human Rights Commission
Act of 1997. The Interim Constitution of Nepal, 2007, elevated thestatus of the nhrc to a constitutional body and broadened its mandates
relating to the protection, promotion and respect of human rights. The 2006
Comprehensive Peace Accord (cpa) and the twenty-three-point agreement
and other consensual engagements between the Government of Nepal andthe Maoist Communist Party Nepal (cpn-Maoist) provided nhrc with theresponsibility of monitoring compliance with those accords from the human rights perspective. Article 132 of the 2007 Interim Constitution vests
on nhrc the primary responsibility to protect and promote the humanrights of the people in Nepal. It also provides that the nhrc may review constitutional provisions and those of other laws for the enforcement of humanrights; and submit necessary recommendations for the effective implementation of such provisions. This responsibility encompasses review of international treaties and instruments on human rights and recommendations
to the government on effective measures to implement them. Similarly, thenhrc can work jointly and in a coordinated manner with civil society toenhance awareness on human rights.
UNDP Intervention
Recognizing the need for capacity-building in the newly established nhrc,
the United Nations Development Programme (undp) Nepal Office launched
the first phase of the Capacity Development of the National Human Rights
Commission (cdnhrc) in 2002. The first phase aimed at enhancing the capacity of the nhrc to fulfil its mandates and protect as well as promote therights of the people in Nepal.
The implementation of the project resulted in the following output:
1. Nhrc capacity developed in the areas of management and administration, infrastructure, human rights promotion and advocacy, and building
alliance with civil society:
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Operational capacity strengthened: Despite the problems, constraints
and hurdles brought by the changing political scenario in the country, mostof the nhrc staff remained highly committed to their work. The Projectextended logistic support to the nhrc in order to make the work of the staffeasier.
Organizational capacity strengthened: The project developed various
guidelines, procedures, and manuals for the nhrc staff. These guidelines,procedures, and manuals cover tasks such as conducting investigations, reporting, and visiting detention centers. The nhrc has been applying theprocedures such as the complaint handling manual and detention centermonitoring. The nhrc has revisited its organizational structure based on
the recommendations of a study conducted by the project. The project also
developed policies, procedures and guidelines relating to personnel, leadership, and management and administration issues. The key policies, guidelines and procedures are listed in Annex A.
Management and Administration Systems strengthened: The project
assisted the nhrc in developing its administrative, leadership and management capacity through external trainings, a research study, and on-thejob support from cdnhrc professional staff. As a result, the nhrc now
has five divisions: protection, promotion, planning, legislative review andoperations. The project also supported the establishment of nhrc specialunits and focal points to look after issues regarding children and women.
Financial rules and regulations were also developed by the project.
The project introduced a computerized network system, which is currently being used effectively.
The project supported the opening of Regional Offices that have helped
increase people’s access to the nhrc. The Regional Offices are now able toreceive complaints of human rights violations more promptly and effectively.
The project supported the nhrc in carrying out a Review of its
Organizational and Management Structure, and a study for its HumanResource Development. The support of the project covered the implementation of the recommendations of the reviews.
Office of the National Rapporteur on Human Trafficking established andstrengthened: The project supported the establishment of the Office of theNational Rapporteur on Trafficking (onrt) in the nhrc and the publicationof annual reports on the overall situation of human trafficking. The annual
reports for 2006 and 2007 were produced and disseminated to human rights

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organizations. These reports draw the attention of policymakers and nongovernmental (ngos) working in the areas of human trafficking.
2. NHRC capacity developed to monitor the human rights situation,investigate serious violations of human rights, and take all the necessary actions within its power against human rights violations:
Investigation and Monitoring: The project strengthened the nhrc’s
capacity to receive complaints and monitor the human rights situation in
the country. The project supported the nhrc in the tasks of investigating
human rights violations, monitoring the human rights situation, case follow-up, litigation, and training. More than eight thousand cases have been
received and more than two thousand cases were investigated during the2002-2008 period. With the project support, out of the two thousand cases, the nhrc submitted two hundred twenty-five recommendations to theconcerned government agencies. The project also supported the nhrc incarrying out follow-up interventions for the implementation of the nhrc
recommendations. More importantly, the project supported the nhrc ininvestigating the Shivapuri case, which involved the suspected death offorty-nine detainees from the Bhairabnath Gan (army detention camp) andthe cremation of their bodies by the army in Shivapuri National Park. The
project also provided national and international human rights technical expertise that enabled the nhrc to execute its core protection functions withgreater efficiency and effectiveness. In addition, the project developed several policies, guidelines and manuals on the following:
1. Complaint Handling System and Procedures Guidelines
2. Nhrc Trainers’ Manual on Monitoring & Investigation
3. Human Resources & Development, Gender, Internship Policy andComplaint Handling Manual
4. Revised Monitoring and Investigation Rules, and
5. Guidelines for Detention Centre Monitoring (dcm).
Monitoring of the Comprehensive Peace Accord: With nhrc mandate
to monitor the implementation of the Comprehensive Peace Accord (cpa)from the human rights perspective, the project supported the nhrc in monitoring the implementation status of the accord at local and national levels
and publishing periodic reports. The project also organized a series of interactions and seminars on this issue with the concerned government agencies

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H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i csuch as the Home Ministry, Ministry of Local Development and Ministry ofWomen, Children and Social Welfare.
Monitoring of the Constituent Assembly (CA) Election: The project organized a series of trainings for the nhrc staff on election monitoring fromthe human rights perspective. A checklist was developed by the project for
the nhrc. The project supported the nhrc financially and technically to beable to monitor the CA election in sixty-nine districts out of seventy-fivedistricts, with a focus on the access of the people to the poll.
Capacity-building of the NHRC Staff: With the technical support of
the Office of the United Nations High Commissioner for Human Rights inNepal (ohchr-Nepal), the project organized several trainings for the staffof the nhrc and government, and human rights activists. The trainings
mainly dwelt on basic human rights, international human rights standards,investigation, monitoring, documentation and reporting, socio-economicrights, treaty monitoring, and legislative drafting. It also included international exposure and study tours.
Building Partnership with NGOs: Nhrc, with substantial support andadvice from the project, has started to repair frayed relationships with ngos.
Outreach efforts including training, workshops, and joint seminars havehelped nhrc win back the trust from ngos that is essential to the nhrc’s
overall success. The nhrc Regional Offices have recently created effective
networks of ngos, especially in the Terai region. The Biratnagar Office, forexample, has brought ngos representing Madhesis and Dalits Janjatis together for joint workshops and conferences to help defuse tensions before
they erupt into violence. The Regional Protection and Promotion Officers
have worked together to try to build confidence across ethnic and caste divides so that people can claim their rights peacefully.
Legal Assistance and Review of Laws: The Project supported the nhrc’s
review of laws relating to security. Nhrc reviewed the laws about the military, public security, and local administration, and submitted recommendations to the government. Nhrc also reviewed the Terrorist and DisruptiveActivities (Control and Punishment) Ordinance (tado) and recommended
its repeal. Tado was subsequently repealed based on the recommendationof the nhrc. The project provided technical assistance on the second draft
Ceasefire Agreement between the cpn-Maoist and Government of Nepal(gon), which was later signed by both parties in November 2006. Nhrc also

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reviewed the Public Security Act and some of the contradictory provisions
were amended as per its recommendation in 2006.
The project supported the NHRC Legal Assistance Division to organize
the following programs:
1. Drafting the Human Rights Commission bill. While the nhrc has
already submitted a draft bill of Human Rights Act 2007 for enactment, theohchr-Nepal provided technical advice and assistance in finalizing theHuman Rights Commission bill.
2. Interaction on the implementation of the General Recommendationof the Committee on the Elimination of the Racial Discrimination.
3. Interaction on report on rights to life, liberty and equality and theresponse of the Supreme Court in light of international human rights
instruments.
As mandated by the nhrc, the project also supported its review of adozen laws and the making of recommendations on pertinent cases of human rights violations. Some laws were amended and repealed as per therecommendations of the nhrc. See Annex B for details.
Human Rights Promotion: The project supported the organizing of a series of seminars and workshops to facilitate the human rights education andadvocacy role of the nhrc. The workshops mainly focused on the overall
human rights situation, the role of human rights and peace education, therole of the law enforcement agencies in the enforcement of human rights,
the role of political parties in the constitution-making process, the need forthe ratification of the Indigenous and Tribal Peoples Convention, 1989 (ilo169) of the International Labour Organization, the need for the ratification of the International Convention on the Rights of Persons with Disability
and the International Criminal Court Statute, and the role of human rights
defenders.
The project extended support to the nhrc to spread human rights education at the national level through audio, visual and print media on important issues such as social discrimination, witchcraft, and human trafficking.
The project also supported the establishment of a “Human Rights Resourceand Documentation Center” for human rights study and research, supported
a study on “Secondary Level Education Curricula and Knowledge Attitudeand Practices (kap) study” for schoolteachers, helped develop a human120

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cRights Promotion and Advocacy Strategy and a Communication Strategy.
To increase knowledge about human rights, the project also supported
the publication of reports on the People’s Demonstration (April 2006), on
the nhrc’s achievements and challenges over a six-year period (2006), on
ceasefire monitoring (in Nepali and in English, 2006), on the human rights
situation during the Emergency (2006), and on the human rights situation
during the ceasefire 2006-2007. The project also supported preparation ofbrochures for the Human Rights Resource and Documentation Center.
To train students on human rights, the project supported the establishment of a human rights internship program in the nhrc. Eight degreelevel students from marginalized communities were given training as human rights interns. They are now working with different human rights
organizations.
The regional offices of nhrc in five regions of Nepal have very limited
functions in terms of mandate. They are limited to monitoring the humanrights situation, receiving complaints, investigating the complaints, and forwarding investigation reports to the central office for further action. The
regional offices are not yet authorized to send recommendations directly
to the concerned agencies of the government. However, the regional offices
have a huge role in human rights promotion activities. They basically do
the human rights promotion activities in coordination with the local civilsociety organizations.
The central office in Kathmandu develops the overall strategic plan of
the nhrc in consultation with the regional offices. The central office also
develops the policies, guidelines and procedures, while the regional offices
have the responsibility of implementing them. Though the administration
system is centralized, the regional offices have been very effective in facilitating human rights empowerment at the local level and in building the coordination system with human rights organizations.
Nhrc plans to establish Human Rights Resource and Documentation
Centers in the regional offices. Undp has been requested by the nhrc tocollect ideas and prepare an overall concept on it. At the moment, undp
sees the need to establish the resource centers at the regional offices in orderto provide information on human rights, provide online services on humanrights issues, and also provide counseling service.

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3 The Strategic Plan formulated in line with the additional mandates of
the nhrc
The first crucial Strategic Plan of nhrc 2002-2004 was developed withthe support of the project. As a newly established institution at that time,
the nhrc Strategic Plan mainly focused on the internal capacity enhancement of the nhrc itself. The project supported the revision of this Strategic
Plan in line with the emerging human rights situation and development of
the new Strategic Plan 2004-2008. The new Strategic Plan has a focused response to the conflict situation in the country. After the promulgation ofthe 2007 Interim Constitution and the cpa, the project again supported thenhrc in developing the new Strategic Plan 2008-2010, taking the changing
political scenario of the country into consideration.
Second Phase of the Project
The first phase project was completed in 2008. As a joint initiative with theOffice of the High Commissioner for Human Rights (ohchr-Nepal), thesecond phase of the project was launched in 2009, known as Strengthening
the Capacity of the National Human Rights Commission (scnhrc) Project,and covers six strategic interventions that draw on the ‘Strategic Plan’ ofnhrc (2008-2010) as well as on the ‘Functions, Duties and Power of theNational Human Rights Commission’ of the 2007 Interim Constitution:
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•
•
••

Formulation of strategies and human rights audit plan to ensure therespect of human rights by state actors
Monitoring and comprehensive analysis of treaty obligations
Ensuring Human Rights Friendly Constitution
Promotion and protection of civil, political, social, economic andcultural rights
Enabling nhrc to collaborate with civil society, including humanrights ngos
Review of discriminatory laws.

Since the first phase of the project focused on providing institutional
support to the newly established nhrc, the second phase of the project
was developed using a programmatic approach. The second phase of theproject focuses on developing substantive policies by scrutinizing the whole122

H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cgovernment, its policies and programs from the human rights perspective.
Likewise, the project has been focusing on the monitoring of the humanrights obligations as one of the major interventions. Further, to assist themonitoring of economic, social and cultural rights, the second phase of theproject has separately included the component to support the nhrc in thisregard.
The project has been supporting the nhrc in monitoring the humanrights situation through human rights treaty division. In addition, the project has been supporting the nhrc in developing the policies and guidelines
on socio-economic rights. A training manual on human rights-based approach to development has also been developed to mainstream the issues ofparticipation and non-discrimination.
Conclusion
The first phase of the project was implemented during a challenging period
in Nepal’s history, beginning in 2002 at the height of the conflict, supporting a fledgling nhrc to address a wide range of human rights issues. The
project continued to work during the absence of Commissioners, supported
the development of policies and guidelines, and facilitated the capacity development of the nhrc staff. The mid-term evaluation coincided with theappointment of new Commissioners in September 2007, and the project
was able to provide further support, for example, through the funding of aSenior Human Rights Advisor, and regional human rights advisors.
With the changing situation and mandates of the nhrc through the2007 Interim Constitution and cpa, the project revised the cdnhrc document (and renamed Strengthening the Capacity of the National HumanRights Commission) to support the undertaking of the nhrc’s additionalmandates. The project also supported the nhrc’s work for the promotion ofthe human rights. As for legislative interventions, the project supported thenhrc’s review of some laws from the human rights perspective. The project
also supported the nhrc’s review of the domestication status of international human rights instruments.
The nhrc needs further support, now more than ever, to fulfill its expanded responsibilities as a constitutional body, and further support therespect, protection, and promotion of human rights in post-conflict Nepal.
The first phase of the cdnhrc focused on certain aspects of individual andUNDP and the National Human Rights Commission of Nepal

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operational capacity development; the next phase should emphasize further institutional capacity development to strengthen the nhrc’s ability tomonitor human rights treaties, mainstream human rights in the upcoming
Constitution, support legal reform and human rights education for law enforcement actors, collaborate with civil society and human rights institutions including the Women’s Commission and the Dalit Commission, andprotect and promote economic, social and cultural rights.
Human rights violations cannot be addressed by the nhrc alone. The
nhrc is part of a broad array of institutions that must forge a coherent approach to the challenge of improving respect for and protection of humanrights. Future support should help form and strengthen networks with othernational and international institutions, and with civil society.
Annex A
• Human Rights Policy and Guideline, 2006
• Human Rights Commission Rules/Regulations (financial and organizationmanagement), 2002
• Detention Center Monitoring Guideline, 2003
• Complaints Receiving Policy, 2003
• Complaint Handling Guideline, 2004
• Do No Harm Policy, 2005
• Confidentiality Guideline, 2005
• Gender Policy, 2006
• Social Inclusion Policy, 2009
• Guideline on IDPs (Internally Displaced Peoples), 2005
• Guideline on Monitoring of Economic, Social and Cultural Rights, 2005
• Monitoring Guideline Against Unlawful Monitoring, 2004
• Human rights Monitoring Guideline for Elections, 2008
• Personal Security Guideline, 2004
• Promotion Strategy, 2007
• Communication Strategy, 2007
• Guideline on the Ceasefire Monitoring Mission, 2006

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Annex B
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•
•
•
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Civil Code, 1963 ( 2009-2010)
Public Security Act, ( 2006)
Public Crime Prevention and Punishment Act, 2006
Civil Service Act, 2009
Terrorist and Destructive Activities Control and Prevention Ordinance (repealedin 2006)
Media Law (repealed in 2006)
NGO Regulation Law, 2006