Nepal 2006 Constitution (reviewed 2012)

Part 15. NATIONAL HUMAN RIGHTS COMMISSION

131. National Human Rights Commission

1. There shall be a National Human Rights Commission of Nepal, which shall consist of the Chairperson and Members, as follows:
   1. one person from amongst the retired Chief Justices or Judges of the Supreme Court who have rendered an outstanding contribution to the protection and promotion of human rights or a person who holds a high reputation and has been actively involved in the field of, and rendered an outstanding contribution to the protection and promotion of human rights, or social service. -chairperson
   2. Four persons from amongst the persons who hold a high reputation and have been actively involved in the field of, and rendered an outstanding contribution to, the protection and promotion of human rights, or social service. -member
2. There shall be maintained diversity including gender perspective while making appointment of the Chairperson and Members of the National Human Rights Commission.
3. The President86 shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the National Human Rights Commission.
4. The term of office of the Chairperson and Members of the National Human Rights Commission shall be six years from the date of appointment.Provided that the Chairperson or a Member of the National Human Rights Commission may be removed from his or her office on the same ground and in the same manner as has been set for the removal of a Judge of the Supreme Court.
5. The office of the Chairperson or a Member of the National Human Rights Commission shall be deemed vacant in any of the following circumstances:
   1. if he or she tenders resignation in writing to the President
   2. if, pursuant to Clause (4), his or her term expires or he or she ceases to hold his or her office; or
   3. if he or she dies.
6. No person shall be eligible to be appointed as the Chairperson or a Member of the National Human Rights Commission unless he or she possesses the following qualification:
   1. holds a Bachelor’s Degree from a university recognized by the Government of Nepal; and
   2. possess a high moral character.
7. The remuneration and other conditions of service of the Chairperson and the Members of the National Human Rights Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the National Human Rights
8. A person once appointed as the Chairperson or a Member of the National Human Rights Commission shall not be eligible for appointment in any other government service.Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendation after carrying out a study or research on any subject.

132. Functions, duties and powers of National Human Rights Commission

1. It shall be the duty of the National Human Rights Commission to ensure the respect for, protection and promotion of human rights and their effective implementation.
2. For the accomplishment of the duty mentioned in clause (1), the National Human Rights Commission shall carry out the following functions:
   1. To conduct inquiries into, and investigations of the instances of the violation of the human rights of any person or a group of persons or abetment thereof, on a petition or complaint presented or communicated to the Commission by the victim of such violation or by any person on his or her behalf or on any information received by’ the Commission from any source or on its own initiative, and make recommendation for action against the perpetrators;
   2. If any official who has the responsibility or duty to prevent violations of human rights fails to fulfil or perform his or her responsibility or duty or shows reluctance in the fulfillment or performance of his or her responsibility or duty, to make recommendation to the concerned authority to take departmental action against such official;
   3. If it is required to institute a case against any person who has violated human rights, to make recommendation to file case in the court in accordance with law;
   4. To coordinate and collaborate with the civil society in order to enhance awareness on human rights;
   5. To make recommendation, accompanied by the reasons and grounds, to the concerned body for taking departmental action against, and imposing punishment on, those who have violated human rights;
   6. To carry out periodic reviews of the laws in force relating to human rights and make recommendation to the Government of Nepal for necessary improvements in and amendments to, such laws;
   7. If it is necessary that Nepal should become a party to any international treaty or agreement on human rights, to make recommendation, accompanied by the reasons therefor, to the Government of Nepal; and monitor whether any such treaty or agreement to which Nepal is already a party has been implemented, and if it is found not to have been implemented, to make recommendation to the Government of Nepal for its implementation;
   8. To publish, in accordance with law, the names of the officials, persons or bodies who have failed to observe or implement any recommendations or directives made or given by the National Human Rights Commission in relation to the violations of human rights, and record them as violators of human rights.
3. In discharging its functions or performing its duties, the National Human Rights Commission may exercise the following powers:
   1. To exercise all such powers as of a court in respect of the summoning and enforcing the attendance of any person before the Commission and seeking and recording his or her information or statement or deposition, examining evidence and producing exhibits and proof;
   2. On receipt of information by the Commission in any manner that a serious violation of human rights has already been committed or is going to be committed, to search any person or his or her residence or office, enter such residence or office without notice, and, in the course of making such search, take possession of any document, evidence or proof related with the violation of human rights;
   3. In the event of necessity to take action immediately on receipt of information that the human rights of any person are being violated, to enter any government office or any other place without notice and rescue such person;
   4. To order the provision of compensation, in accordance with law, to any person who is a victim of the violations of human rights;
   5. To exercise and perform, or cause to be exercised and performed, such other powers and duties as provided in law.
4. Notwithstanding anything contained elsewhere in this Article, the National Human Rights Commission shall have no jurisdiction over any matter falling within the jurisdiction of the Army Act.Provided that nothing shall bar the institution of, actions on any matters of the violations of human rights or humanitarian laws.

133. Annual report

1. The National Human Rights Commission shall submit to the President88 an annual report on the works which it has performed pursuant to this Constitution; and the President shall arrange to submit such report to the Legislature-Parliament through the Prime Minister.
2. The annual report to be submitted pursuant to Clause (1) shall set out, inter alia, the details of complaints filed in the National Human Rights Commission throughout the year, inquiries into, and investigations of, such complaints, details of recommendations made to the Government of Nepal on various matters, the number of cases, if any, filed against those who have violated human rights and the details of reforms to be made in the future in relation to the protection and promotion of human rights.