Nepal: Failure to provide statistical data and concrete answers

Overview 110th Session - Nepal

The Human Rights Committee examined the second periodic report of Nepal on 18th and 19th March 2014. Nepal’s State delegation was headed by the Secretary of the Office of the Prime Minister and the Council of Ministers, included also were four joint secretaries of key ministries and three members of the permanent mission in Geneva.

Acting Secretary of the National Human Rights Commission (NHRC) of Nepal also attended the review and addressed the Committee in both the formal and informal briefings.

Main concerns expressed by the Committee during the review included: independence of NHRC and the implementation of its recommendations; violence against women including domestic violence and the lack of effective legislation and action of State actors; application of ICCPR in domestic courts and the lack of implementation of the Committee’s views on individual complaints; torture, extra judicial killings, enforced disappearance and arbitrary detention including the lack of decisive actions by the authority and criminalisation of acts through domestic laws as well as incomprehensive remedies provided to the victims; impunity of state actors including military; discrimination against Dalits, indigenous peoples and non-citizens including situation in the Terai region and Tibetan refugees; and intimidation and reprisals against human rights defenders.

The Nepalese delegation had lengthy replies but did not provide much concrete information. Oral replies to the questions raised by the Committee during the dialogue were general and at times, a mere repetition of existing information. The Committee regretted the lack of statistical data in the State report as well as during the dialogue.

The Concluding Observations selected for the follow-up procedure, under which the State should provide information on the implementation of the Committee’s recommendations within one year, are: paragraph 5 on impunity for gross violations committed during the conflict; paragraph 7 on the independent and effective functioning of the NHRC; and paragraph 10 on extrajudicial killings, torture and ill-treatment.

The next periodic report should be submitted by the 28th March 2018.

For more information, see the Alternative Report prepared by a coalition of national NGOs with the support of the CCPR-Centre.

The complete video of the review (in English) is available from: http://www.treatybodywebcast.org/hrctte-110-session-nepal/

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