While it is worth noting that a few positive practices have already been initiated in the interactions between the NHRC and the Parliament, the road ahead is still long

The Government of Nepal has pledged to protect and promote human rights. The fact that the Constitution of Nepal 2015 recognizes 31 human rights as fundamental rights is an indication of such a commitment. Additionally, the constitution has provisions of half a dozen oversight mechanisms, along with the National Human Rights Commission (NHRC). Nepal has also ratified seven out of nine important international human rights instruments.

The nature and work of the National Human Rights Institutions (NHRIs) ensure that they can provide support to the Parliament in carrying out its legislative work; they can also maintain checks and balances in the functioning of the executive, the legislature and the judiciary. The NHRIs have a wide range of functions, including public education, awareness, research and policy review. Interacting with federal and provincial parliaments are a part of their undertaking as well.

The Parliament and the National Human Rights Commission

As a directly elected body of the state, the Parliament has the mandate to protect and promote human rights. It carries out this responsibility through several thematic and operations committees. Human Rights, Justice and Law is one such example, among many, that help turn the charge of protecting human rights into action.

The NHRC is a constitutional body that is responsible for protecting and promoting the human rights of Nepali people. It can conduct investigations, on its own or upon receiving a petition or complaint about the violation of human rights; inquire, with the court’s permission, into a matter sub judice, regarding any claim of human rights violation; visit and observe any authority, including jails or any organization under the government, and submit necessary recommendations on essential reforms.

In addition, the NHRC can review provisions on constitutional and legal safeguards, and submit necessary recommendations for effectively implementing such provisions. It can also make recommendations to the government regarding reports to be furnished by the country in accordance with the provisions of international treaties on human rights. The commission is responsible for conducting research and evaluating the existing human rights situation in the country. It may publicize and propagate human rights-related knowledge among the various sections of society, and encourage institutions working in the non-governmental sector to better respect and promote human rights.

The NHRC has been awarded an “A” accreditation status by the Global Alliance of National Human Rights Institutions.

Linking the Parliament and the NHRIs

The Parliament and the NHRIs have much to gain from each other in carrying out their mandates for the protection and promotion of human rights. By complementing the work of the NHRIs, the Parliament can translate people's hopes and aspirations into reality. Equally, substantial changes in the human rights situation can be made if the Parliament implements the NHRIs’ recommendations and Nepal’s international obligations towards protecting human rights. There are a few guidelines and declarations that strengthen the functional relationship between the NHRIs and the Parliament. An important one is the Belgrade Principles (Belgrade, Serbia 22-23 February 2012), which adopted important concepts regarding the roles parliaments play in ensuring that NHRIs are independent, that leaders at NHRIs are appointed through transparent processes, that resources are allocated adequately to the NHRIs and that recommendations made by the NHRIs are implemented. The institutions can provide suggestions, but it is the government that puts them into practice.

In Nepal’s context, following these principles would resolve many problems. For instance, the Parliament’s proactive role in executing the directions of the NHRC would be highly effective given the fact that a significant number of suggestions never materialize. The NHRIs should therefore be required to submit their annual reports to the Parliament, which in turn should review and respond to them and ensure that the most significant aspects are thoroughly discussed. The same can be said about adhering to the principle that provisions the Parliament’s active role in ensuring adequate resources to the NHRIs. This is highly relevant since the NHRC has long been running under an acute resource crunch.

While it is worth noting that a few positive practices have already begun — such  as the fact that the NHRC has started interacting with the Parliamentary Committees about implementing the recommendations — the road ahead is still long. In order to deepen the relationship between the NHRC and the Parliament, a formal framework should be established to foster productive communication and collaboration. This may include signing a Memorandum of Understanding between the human rights committees of the Parliament and the NHRC. Such a move will open up avenues for the Parliament to frequently use expert services from the commission regarding human rights issues, including the state’s obligations towards international human rights treaties.

The Parliament should also consult the NHRC while reviewing bills to make sure they are in compliance with international human rights obligations. The NHRIs and the Parliament should work together to foster a culture of respecting human rights, and encourage the incorporation of human rights issues into school and university curricula. Finally, the Parliament and NHRIs should put additional focus on dealing with longstanding human rights issues, promoting equality and ending various forms of discrimination in the country.

(Bhattarai is Secretary at the National Human Rights Commission; Tamata is Portfolio Manager at UNDP Nepal)