National Human Rights Commission Act, 2068 (2012)

 

Preamble:
 Whereas, it is essential to establish legal provisions for the National Human Rights Commission to ensure the protection and promotion of human rights, it is enacted by the Constituent Assembly under Article 83 of the Interim Constitution of Nepal, 2063.

Chapter - 2
The meetings, functions, duties and powers of the Commission

3. Meeting of the Commission:

• The Commission shall meet at least twice a month.
• The Chairperson will set the date, time, and venue for meetings.
• The Secretary must inform members at least 24 hours in advance, including meeting details and agenda.
• A quorum is formed if a majority of members are present.
• The Chairperson presides over meetings; if absent, the senior-most member will chair.
• Decisions are made by majority vote, with the chairperson casting a tie-breaking vote.
• The Secretary authenticates the decisions.
• Other meeting procedures are determined by the Commission.

4. Functions, Duties, and Powers:

1. In addition to the Constitution's provisions (Article 132), the Commission shall:
• (a) Conduct inspections and monitoring of prisons, government agencies, public/private institutions, and other places to protect human rights, providing suggestions for improvements.
• (b) Investigate human rights violations in sub-judice cases with court permission.
• (c) Monitor human rights law implementation and recommend improvements to the government.
• (d) Conduct research on human rights protection and promotion.
• (e) Recommend inclusion of human rights education in school and university curricula.
• (f) Review and publicly report on the state of human rights.
• (g) Undertake any other necessary activities to protect and promote human rights.
2. The Commission shall operate independently and autonomously in its efforts to ensure the respect, protection, and promotion of human rights.

5. May Draw Attention:

1. The Commission can draw attention to any agency or official regarding human rights protection and promotion.
2. The concerned agency or official must take necessary action and inform the Commission accordingly.

6. Commission May Provide Opinion or Consultations:

1. The Government of Nepal must consult the Commission for its opinion before submitting reports under international human rights treaties.
2. The Commission must provide its opinion promptly on such matters.
3. The Commission may also provide opinions on proposed human rights legislation or amendments.
4. The Commission can recommend new human rights legislation, amendments, or joining international treaties.
5. The Commission may offer consultations on the Government's participation in international human rights treaties.

7. To Make Names Public and Keep their Record:

1. The Commission can publicly name officials or agencies failing to implement its human rights recommendations.
2. Before publicizing names, the Commission must give a 15-day period for clarifications.
3. If no clarifications are received or are unsatisfactory, the Commission can make the names public.
4. The Commission will maintain records of these individuals or agencies.
5. These records may be used by concerned agencies when considering appointments, promotions, or assigning new responsibilities.

8. Constitute a Committee or Taskforce:

1. The Commission may form committees or taskforces as needed to carry out its functions.
2. The Commission will determine the duties, powers, and facilities for the committee/taskforce.
3. After completing its task, the committee/taskforce must submit a report to the Commission.
4. The Commission can dissolve the committee/taskforce at any time if deemed necessary.

9. Provision Regarding Interim Relief and Rescue:

1. If the Commission believes that delaying relief or rescue could further harm the victim, it can order the concerned agency to provide immediate relief or rescue.
2. The agency must act immediately upon the Commission's order.
3. If relief is provided in cash, the concerned agency can recover the amount from human rights violators.
4. The Commission may seek cooperation from institutions or organizations to provide relief or rescue.
5. Additional arrangements for relief and rescue will be prescribed.

Chapter - 3
Procedures Relating to Complaint Proceedings

10. Complaint Lodging Procedure:

1. Victims or their representatives can lodge a complaint with the Commission in case of human rights violations or abetment.
2. The Commission must issue a receipt upon registering the complaint.
3. Information received verbally or through other means must also be registered.
4. No fee will be charged for lodging complaints or providing information.
5. Complaints must be lodged within six months from the incident or the release of a person under control.

11. Preliminary Proceedings on Complaints:

1. The Commission must initiate preliminary proceedings immediately upon receiving a complaint or information regarding human rights violations.
2. If the Commission finds prima facie evidence of a violation, it may issue orders to the concerned agency or official to stop the act immediately.

12. Inquiry and Investigation into Complaints:

1. If human rights violations are suspected, the Commission may conduct an inquiry or investigation, either by itself or through appointed officers.
2. After completing the inquiry, the investigation team must submit a report to the Commission.
3. The Commission may seek expert opinions, collect additional evidence, summon witnesses, or hold public hearings as needed.
4. Other procedures for inquiry and investigation will be prescribed.

13. Complaint Repeal or Hold:

1. If a complaint or information is found baseless or outside the Commission's jurisdiction, it may be dismissed or put on hold, with reasons provided.
2. The concerned individual must be informed of the dismissal or hold within 15 days, except in cases of false complaints.

14. Provisions on Reconciliation:

1. If both parties file a joint petition, the Commission may facilitate reconciliation, except for serious human rights violations or matters prohibited by law.
2. The parties must abide by the reconciliation agreement.
3. Once reconciliation is reached, the case is closed, and no further complaints can be lodged on the same issue.
4. Additional provisions on reconciliation will be prescribed.

15. Decisions to be Made :

The Commission will decide, based on the evidence gathered, within six months from the date of the complaint whether a human rights violation has occurred. If the case cannot be decided within six months, the Commission must provide reasons for the delay.

16. Provision Regarding Compensation :

1. If necessary, the Commission will decide on providing compensation to the victim based on the inquiry findings.
2. The type and amount of compensation will be determined, with a maximum of Three Hundred Thousand Rupees based on the victim's condition.
3. The Commission will not decide on compensation if the victim has already received compensation or if proceedings for compensation have already started under other laws.
4. Criteria and provisions for compensation will be as prescribed.

17. Implementation of the Recommendation, Decision, or Order of the Commission :

1. The Commission must instruct the concerned party to implement its recommendation, decision, or order.
2. The concerned party must report back to the Commission on the implementation.
3. If there are difficulties in implementation, the concerned party must report within two months, citing reasons.
4. If a new decision is made after reconsidering the matter, the concerned party must implement the decision accordingly.
5. The agency must provide compensation to the victim or their dependents as per the Commission's decision.
6. If an official acted with mala fide intent, their agency will pay compensation, which will be deducted from the official's salary.
7. If interim relief was provided, it will be deducted from the compensation.
8. In cases where the Attorney General deems that a case cannot be initiated, they must inform the Commission.
9. The Commission can direct action against those who failed to cooperate or comply with its directives.
10. Further provisions for the implementation of recommendations will be prescribed.

 

Chapter -4
Miscellaneous

18. Commission may Coordinate or Collaborate with Other Agencies :

The Commission may consult, seek assistance from, or coordinate and collaborate with any commission, committee, or other agency while performing its functions.

 
19. May Provide or Seek Expert Services :

(1) The Commission may provide expert services on human rights matters upon request.
(2) It may also seek services from specialized agencies or experts while carrying out its functions.
(3) The roles, responsibilities, and benefits of such experts or agencies shall be determined by the Commission.

20. Contact and Relation may be Maintained with Organizations (Simplified Summary):

(1) The Commission may establish ties and enter into agreements with national and international organizations to promote and protect human rights.
(2) If an agreement involves financial matters, the Commission must get approval from the Finance Ministry.
(3) Foreign organizations wishing to run human rights programs in Nepal must obtain the Commission’s consent.

21. To Help in the Functioning of the Commission (Simplified Summary):

(1) Relevant agencies or officials must assist the Commission when requested.
(2) If an official intentionally withholds information, disobeys orders or recommendations, refuses to cooperate, or fails to appear when summoned, the Commission shall request the concerned agency to take departmental action against that official.

22. Provision: May Send to Court or Other Agencies (Simplified Summary):

If the Commission believes that justice for the victim can be better served by a court or another agency, or if the matter legally falls under the jurisdiction of such a body, the Commission may direct the concerned party to approach the appropriate court or agency in accordance with existing laws.

23. Provision: No Obstruction in the Commission's Functioning (Simplified Summary):

The work of the Commission shall not be hindered just because any member's position is vacant.

24. Provision: May Function as an Acting (Simplified Summary):

If the Chairperson's position is vacant or if the Chairperson is abroad or on leave for more than seven days, the senior-most member of the Commission shall act as the Acting Chairperson.

25. Provision: Remuneration and Facilities (Simplified Summary):

The Chairperson and Members of the Commission shall receive salaries, service conditions, and other benefits equivalent to those of the Chairperson and Members of constitutional bodies under existing law.
However, if they are already receiving certain benefits when this Act begins, they may continue to enjoy those.

 
26. Provision: Office of the Commission (Simplified Summary):

1. The main (central) office of the Commission will be in the Kathmandu Valley.
2. The Commission can open regional, sub-regional, or liaison offices as needed, but must consult with the Ministry of Finance before doing so.

27. Organizational Structure of the Commission: The Government of Nepal shall, on the recommendation of the Commission, approve the organizational structure of the Commission and posts.

28. Provision: Secretary of the Commission (Simplified Summary):

1. The Commission will have a Secretary as its administrative head.
2. The Government of Nepal appoints the Secretary based on the Commission's recommendation.
3. The Secretary’s qualifications, salary, benefits, and service conditions are equivalent to those of a Gazetted Special Class government employee.
4. The Secretary works under the general direction of the Chairperson.
5. The Secretary has additional functions, duties, and powers as mentioned in this Act and other existing laws.

a.       To undertake administrative and management work,

b.      To prepare annual budgets, programmes and plans and submit them to the Commission,

c.       To take care of and maintain movable and immovable properties of the Commission,

d.      To make necessary arrangements for smooth operation of the Commission's work and proceedings,

e.       To implement or cause to implement effectively the policies, programmes and decisions of the Commission,

f.       To undertake other works as prescribed.

6.      This provision allows the Commission to appoint the senior-most officer as Acting Secretary if the Secretary's position becomes vacant. This acting role will continue until a permanent arrangement is made for the position.

29. Logo of the Commission: The Commission may bring into use a separate logo apart from the Coat-of-Arms of the State

30. Delegation of Power: The Commission may delegate its powers, as per the Constitution and this Act, to the Chairperson, Member, officer-level employees, a committee, taskforce, or any agency, organization, or individual.

31. Liaison with the Government of Nepal: The Office of the Prime Minister and the Council of Ministers shall liaise the Commission with the Government, but this does not prevent the Commission from directly contacting other agencies while performing its functions.

32. Power to Frame Rules, Procedures, and Directives:

1. The Commission may frame necessary rules to fulfill the objectives of this Act. Rules involving government funds must be approved by the Ministry of Finance.
2. The Commission may formulate and implement procedures or directives to carry out its functions efficiently

33. Protection of Action Taken in Good Faith: No suit or legal proceedings shall be initiated against the Commission, Chairperson, Member, employee, or any individual assigned by the Commission for any act done or intended to be done in good faith under this Act or its Rules.

34. To Be in Accordance with the Prevailing Laws: This Act shall prevail in matters contained within it, and in other matters, actions shall be taken according to prevailing laws.

35. Repeal and Savings:

1. The Human Rights Commission Act, 2053 is hereby repealed.
2. Functions and proceedings carried out under the Human Rights Commission Act, 2053 shall be deemed to have been undertaken in accordance with this Act.