Nepal’s Human Rights review: NGOs identify critical issues in their alternative report

18.01.2021 ( Last modified: 15.07.2021 )

The UN Human Rights Committee must identify the key concerns on human rights protection in view of the periodic exam of Nepal: TRIAL International and its partner in Kathmandu, the Human Rights and Justice Centre, submit an alternative report revealing a worrying lack of progress over the past seven years.

TRIAL International and the HRJC’s alternative report highlights that Nepal shows a lack of commitment to its international obligations. ©Audrey Oettli/ TRIAL International

Ahead of the Human Rights Committee’s session in March 2021, TRIAL International and the Human Rights and Justice Center (HRJC) submitted an alternative report, reviewing the main obstacles in the implementation of Nepal’s obligations pursuant to the International Covenant on Civil and Political Rights. The report focuses on impunity for gross human rights violations during and after the internal conflict; the lack of adequate protection for victims and their families; and the flawed legislation and policy framework.

The alternative report subsequently analyzes Nepal’s compliance with its obligations concerning the prohibition of arbitrary deprivation of life, arbitrary detention and torture, as well as the prohibition of rape and other forms of sexual violence and enforced disappearance and the obstacles faced by victims and their families in obtaining access to justice, truth and adequate reparation for the harm suffered.

 

Delayed reporting illustrates Nepal’s lack of commitment

The HRC periodically examines the reports submitted by States parties to the International Covenant on Civil and Political Rights. Nepal underwent this review in 2014 and was expected to submit its report by March 2018, but it failed to do so. Next March, the Committee will therefore draft a list of questions and will consider the answers provided by Nepal as its periodic report. NGOs can submit alternative reports to support the Committee in the identification of the key issues.

TRIAL International and the HRJC’s alternative report also highlights that Nepal shows a lack of commitment to its international obligations and a callous indifference vis-à-vis international human rights mechanisms such as the HRC. Recommendations usually remain unimplemented, generating further frustration among victims and their families and, more in general, threatening international legal order and the rule of law.

TRIAL International and the HJRC hope that the questions raised in their alternative report will be reflected in the questions raised by the HRC, thus enabling a meaningful and constructive dialogue, conducive to the adoption of effective recommendations.

Read the full alternative report

 

Update of April 2021

On 23 April 2021, the HRC issued a list of issues ahead of Nepal’s periodic report, which include many points raised by TRIAL International and the HRJC in their alternative report. These include issues relating to the implementation of international decisions (paragraphs 1 and 2 of the list); impunity and justice (paragraphs 5 and 6); violence against women (paragraph 11); and extrajudicial executions and torture (paragraphs 13 and 14).
TRIAL International and the HRJC welcome the inclusion of these topics and hope that Nepalese authorities will respond to them in a timely and satisfactory manner.
This article was produced with the financial support of the European Union. Its contents are the sole responsibility of the authors and do not necessarily reflect the views of the European Union.
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