For Human Rights Development
Role NHRC Has To Play

By Surya Bahadur Thapa

"ALL human beings are born free with equal dignity and rights. They are endowed with reason and consciences and should act towards one another in a spirit of brotherhood." (Article 1 of Universal Declaration of Human Rights)

In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, which fostered vigorous development for the international promotion and protection of these rights. Universality of human rights, their indivisibility and interdependence, manifested in the fact that they are mutually reinforcing, should guide all parts of the international community as stressed by the world conference on human rights. The High Commissioner for Human Rights is Contributing to the preparatory process by supporting international efforts, organising United Nations System-wide Cooperation, establishing Communication channels, promoting comparative advantages and shared expertise, offering advice, and proposing concepts and ideas. The Paris Principles have directed for the establishment of the regional and national human rights institution. So NHRCs have been established in different countries under the Paris Principles.

Formation of National Human Rights Commissions has been the milestone in fulfilling the long-standing demands of Human Rights Community and Civil Society.

Paris Principles

The Principles relating to the status of national institution are important because it is set out to clarify the concept of a ‘national institution’ by providing minimum standards on the status and advisory role of national human rights commission. Paris Principles have made provision on the Key Criteria as follows. Independence guaranteed by statute or constitution, autonomy from government, pluralism, including in membership, a broad mandate based on universal human rights standards, adequate powers of investigation and sufficient recourses.

NHRCs have been established in different countries under the Paris Principles. The different institutions on HR have defined the term ‘human rights’ in their own way. The Nepalese Human Rights Commission Act, 1997 defines the HRs as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution and other prevailing laws and the rights embodied in the international instruments relating to human rights to which Nepal is a party. The standard laid down by the principle is hardly made by NHRCs in the world.

Functions & Legal Status

NHRCs have been formed as "Independent & Autonomous Commission". There are many similarities among the NHRCs of the world. NHRC may be vested with the following tasks: issuing annual reports of human rights, holding public sitting regarding large scale and systematic violations of human rights; and advising governmental and non-governmental agencies on questions of human rights. It may engage in the task of the submission of recommendations, proposals and reports or any other competent body; promote conformity of national laws to international standards; receive and act upon individual complaints of human rights; encourage ratification and implementation of international human rights standards and contribute to the reporting procedure under international instruments; promote awareness of human rights through information and education to carry out research and cooperate with the United Nations; regional and national institution of other countries and non-governmental organisations.

The legal status of the NHRCs isn’t equipped with enforcing power. The executive power entertained by the court or quasi-judicial bodies haven’t been empowered to NHRCs of the world. Due to lack of enforcement power, the directions of the NHRCs are generally called recommendations, as their mandates don not give any more powers than making a recommendation to the government. The public has criticized these aspects as well as non-governmental human rights acts.

Limitations and Possiblities

It is argued that the NHRCs would in effect attempt to perform the role of judiciary and may be in some respects a complaints redress cell of the governments, there by resulting in an unwarranted duplication of the functions of these NHRCs. But this argument is misleading. It should be clear that NHRCs do not replace the role of government agencies, the judiciary, parliamentary committees, religious bodies, political parties or non-governmental organisations but complement them.

There could be very little independence in reporting of human rights violation due to state interference. NHRCs can make a unique contribution to a country’s efforts to protect its citizens and to develop a culture respectful of human rights and fundamental freedoms.

The NHRCs have been accused of being overtly political as their origin, composition, functions, funding and to a large extent, their mandate are dictated by the government. Internationalisation of national human rights issues may be useful to some rogue states or violator state of human rights.

The doubt has been raised on the ability of the NHRCs to conduct an impartial inquiry into charges of human rights violations against the government officials and departments due to the lack of functional autonomy. It is remarked that the government selects the members of the NHRC and hence they are basically people who can be trusted and will not criticize the government. Public and civil society have remarked that there is the danger that the NHRC will be a puppet in the hands of the government in manipulating to the fulfill its political objectives, both in the national and international context.

The NHRCs also tend to suffer from lack of access to numerous victims of human rights violations. NHRCs suffer from various factors including lack of time, efficient staff, resources, specific locations and above all sensitivity towards human rights issues. It creates lack of accessibility to NHRC.

Despite these limitations, the establishment of NHRCs in different countries have commenced the floor to reflect the hopes and aspirations of the people for dignity, equality and justice. The possibilities of a global campaign for the protection and promotion of HRs have been reflected by the activities of OHCHR, NHRCs and regional forums and institutions of human rights.

Conclusion

The unemployment, economic deprivation, growing terrorism and abject poverty are the major barriers for human rights development. All sectors of the human rights Constituency, Governments, United Nation agencies and programmes, international and regional organisations, academic institutions, non-governmental organisations and other parts of civil society, media and private enterprises should take initiatives aimed at the commemoration of the fifty third anniversary of the Universal Declaration of Human Rights. This should be a global movement giving evidence that human rights reflect not only hopes and aspirations but also essential interests and legitimate demands of all the people in all continents.

The NHRCs have been the horizon of expectations of the people. The developed countries like Norway, Denmark, Sweden, Canada have been successful to address the Economic, Social and Cultural Rights. The developing countries like India, Indonesia, and Nepal are still engaged with the civil and political rights. The Human Rights Commission Act, 1997 has given broad mandate for the protection and promotion of the human rights. NHRC of Nepal has been performing its function to fulfill the given mandate. The collective support and cooperation can only enhance the polices and programmes of HR institutions in the direction of establishing human rights culture in Nepal.

Seek Opportunities Among Challenges

By Hom Sharma Dhakal

RISE to the challenges and face the problems! You can rise to the challenges and face the problems or you can let them push you deep down. You can make the best of them or you can let them get the worst of you. You are the master of your fate. It all starts and depends on
how you respond. It all depends on how you see yourself. Your mind, your thoughts and your ideas will make you rich or poor the way you use them. The way you put them. The choice is yours, always. Anywhere. Anytime.

If you see yourself as a victim, you will be. Of course you will be once. There is no way out. Life’s difficulties will quickly overpower you if you let them catch you. So, try to tackle the problems before you are put down on them. Playing with fire will be fun until you get brunt. When you see yourself as as active player, an active participant in life, an effective and positively focused force and when you have a burning desire and drive for the things you want to achieve, believe it nothing will stop you. Nothing at all.

Look at each challenge and problem as an opportunity. Try hard to use every single minute of your time. Because sooner or later you will find out yourself that time management is life management. Challenges! Problems! What can you learn form them? What
can you do with them? How can you bring about something positive because of them?

When you are facing a challenge, ask yourself a question. And think constructively, positively and see for the way out. How can I respond to this challenge, so that a year from now, looking back at the experience, I’ll be overwhelmingly thankful that it came along? The challenges and problems are there all the time and they will keep on coming one after another" They seem to be never ending. Rise to the challenges. Face the problems: do not shy away from the challenges. Involve yourself constantly and continuously. Constructive is the road out to the Bright Tomorrow. It’s a great way to powerfully lift yourself up to the summer-sun-shine, the Brighter Tomorrow. You can create a beautiful summer morning for yourself. You can be the summer-sun-shine for yourself. Then, you will get the lasting peace and deep-down feeling of happiness.