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Nepal on improving the effective enjoyment of human rights and fundamental freedoms PDF Print E-mail
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Written by Gyan Chandra Acharya, Permanent Representative of Nepal to the United Nations   
Thursday, 27 October 2011 23:18

New York- The Government of Nepal is fully committed to strengthening the Commission with a view to enabling it to discharge its important responsibilities in an effective manner.



Statement by H. E. Mr. Gyan Chandra Acharya, Permanent Representative of Nepal to the United Nations at the Third Committee of the sixty-sixth session of the UN General Assembly on Agenda item 69: Promotion and protection of human rights: 69 (b): Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms; 69(c): human rights situations and reports of special rapporteurs and representatives. (New York, 27 October, 2011)

Mr. Chairman,

My delegation extends its sincere appreciation to the High Commissioner for Human Rights and special rapporteurs and procedures for their reports to this Committee under this agenda item.

We appreciate the role of the Human Rights Council, Office of the UN High Commissioner for Human Rights and various treaty bodies, special procedures and mandate holders.

Nepal presented its UPR report earlier this year at the 10th session of UPR Working Group of the Human Rights Council in Geneva. We also stress that the principles and guidelines adopted by the Human Rights Council in this regard should be applied to all members fairly, objectively and uniformly.



Mr. Chairman,

Nepal has ratified twenty-two international human rights instruments, including the six core instruments. The provisions enshrined in these instruments have been incorporated in Nepal’s Interim Constitution, 2007 and other legal instruments. Human rights and fundamental freedoms that are incorporated in the Interim Constitution include right to freedom, right to equality, right to justice, education and cultural right,  right to property, right to social justice, right to information, right to publication, broadcasting and press, right to privacy, right against exploitation, right against torture, right against untouchability and racial discrimination, right against exploitation, right against exile, right against preventive detention,  right of women, right of  child, right regarding environment and health,  right regarding labor and right regarding employment social security. Most importantly, the Interim Constitution also guarantees the right to constitutional remedy.

Nepal has been making consistent efforts to improve human rights situation in the country following the signing of the Comprehensive Peace Accord in 2006 and the election of the Constituent Assembly in 2008 that also acts as legislature-parliament of Nepal. The constituent assembly is now engaged in writing a new constitution for Nepal. That will further consolidate human rights provisions in the constitution.

Nepal has enacted necessary legislations and put in place necessary policy framework and institutional mechanism for the protection and promotion of all human rights and fundamental freedoms of all citizens. The three-year human rights national action plan adopted by the Government of Nepal is a concrete initiative towards ensuring enjoyment of human rights and fundamental freedoms by all. This symbolizes our unflinching commitment to human rights and fundamental freedoms.

Right to development is also central to our development efforts. On the occasion of the 25th anniversary of the adoption of the Declaration on the Right to Development Nepal reiterates its full commitment to the Declaration and calls upon the international community to make substantial efforts to translate commitments contained in the Declaration into reality with a view to ensuring inclusive and participatory development to all peoples in the world. Eradication of poverty and hunger must constitute the core of such efforts. Nepal has adopted right-based approach to development to underline mutually reinforcing interrelationship between human rights, democracy and development.

The National Human Rights Commission (NHRC) of Nepal is a constitutional body with full autonomy in its functioning. The Commission is mandated to ensure the respect, protection and promotion of the human rights and its effective implementation. The Commission, together with its five regional and three sub-regional branches, conducts inquiries into, investigations of, and recommendation for action against the perpetrator, on the matters of violation or abetment of human rights of a person or a group of persons. It also monitors the compliance with human rights treaties and makes proposal for compensation to be paid to the victims.

The Government of Nepal is fully committed to strengthening the Commission with a view to enabling it to discharge its important responsibilities in an effective manner.

Nepal’s independent judiciary stands as another important institutional arrangement to safeguard human rights and fundamental freedoms. For the enforcement of the fundamental rights conferred by the Constitution, the Supreme Court of Nepal is also empowered   to exercise the extraordinary power to issue necessary and appropriate orders and writs including the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto.

Independent media and civil society organizations in Nepal have been playing an important role in creating awareness about human rights and fundamental freedoms.

Mr. Chairman,

Nepal is a party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol. As a State party to CEDAW Nepal presented its combined 4th and 5th report to the CEDAW Committee in July this year.

Advancement of women continues to remain on top of our national agenda for socio-economic development. The Government of Nepal is committed to empowering women politically, economically and socially. The inclusion one third of women members in the 601-member Constituent Assembly, including its deputy Chairperson, is a testimony to our commitment to enhance women’s participation in highest political decision-making body.  Through protection, affirmative action, capacity building and empowerment, women’s presence in national civil service and other state institution has been significantly increased in recent years.

The Government of Nepal has adopted the National Action Plan for the effective implementation of the United Nations Security Council Resolution 1325 and 1820 which signifies the high priority that the Government accorded to the full and equal participation of women in peace, security and sustained development of the country.

National Women Commission has been established as an autonomous statutory body by the National Women Commission Act, 2007, for the protection and promotion of the rights and interests of women, including their effective inclusion in the development mainstream. The Commission has recommendatory and investigatory powers.

Promotion and protection of the rights of children is a national priority. Right of children is guaranteed in the Interim Constitution, including the right to identity and name, right to nurture, basic health and social security, right against physical, mental or other forms of exploitation, right of helpless, orphan, mentally retarded, conflict victim, displaced, vulnerable and street children to special facilities from the State.  Nepal is party to the Convention on the Rights of the Child (CRC) and both of its optional protocols. Nepal has also ratified the Convention on the Rights of persons with Disabilities and its Optional protocol.  Nepal’s Children Act 1992 incorporates almost all rights of the child. A ten-year plan of action (2004/5-2014/15) is in implementation that covers areas of health, protection children against abuse, exploitation and violence and combating HIV/AIDS.

We are committed to the protection and promotion of rights of the indigenous nationalities, dalit and marginalized groups. A national action plan on the ILO 169 Convention is being finalized to ensure effective implementation of the Convention.

As we live in an interconnected world it is important that the international community must make serious efforts to protect the rights of all migrant workers and members of their families. Growing incidents of xenophobia and intolerance tend to undermine human rights of the migrant workers in various parts of the world.

Mr. Chairman,

Wider and effective enjoyment of all human rights and fundamental freedoms demands adequate provision of resources in additional to national legislations and institutional framework. Nepal, as a least developed country, confronts significant constraints in mobilizing domestic resources. We call upon the international community to continue assist us in our efforts towards promoting and protecting human rights and fundamental freedoms of all citizens.

In conclusion, Mr. Chairman, the Government of Nepal is fully committed to protecting life, liberty and property of its people through social inclusion, the rule of law, independence of judiciary and elimination of all kinds of discrimination as well as by asserting their economic and social rights in an inclusive manner.

I thank you !

-Gyan Chandra Acharya

Permanent Representative of Nepal to the United Nations

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