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PERSPECTIVE |
Reforming Complaints Management System at National Human Rights Commission By Bipin Adhikari The complaint handling function of a human
rights commission is arguably its most important and valuable activity. A complaint
process that is not understandable, accessible, speedy, effective or fair risks not only
seriously damaging a commission's credibility, but also impedes its ability to bring about
positive changes to the prevailing human rights situation. The National Human Rights Commission,
established in Nepal three years before, as per the enactment of the Human Rights
Commission Act of 1997, is an independent and autonomous body established for the
effective implementation and protection and promotion of human rights. The Commission
receives complaints from the people on the violation of their human rights. It is fully
empowered to undertake necessary its inquiries and investigations on the basis of any kind
of information it has received about negligence from any concerned individual, institution
or agency regarding the preventing of human rights violations. The Commission itself can
undertake such investigations, or it can assign the responsibility to an individual or an
agency. The Commission, after receiving the report of the investigation, decides upon the
case. While taking action upon the complaints,
requests and reports within its jurisdiction, Article 11 (1) of the Act has given the
Commission powers similar to those of a law court to act under the prevailing laws. The
Commission, among other things, may summon any person to appear before the Commission,
listen to witnesses, order the presentation of documents, ask from any government or
public office or court for any document for its copy, receive evidence, carry out or cause
to be carried out on the spot observations, ask for the presentation of evidence and carry
out or cause to be carried out searches when necessary. The Monitoring and Protection Division of
the Commission has registered a total of 1229 complaints since the establishment of the
Commission till May 2003. Of the total complaints, 1061 complaints deal with the
violations of human rights by the government, while 172 complaints are registered as
complaints of human rights violations by the Maoists. The complaints registered against
the Maoists include one complaint dealing with the injuries inflicted by the Maoists on 64
women, a complaint on the abduction and disappearances of 47 people in Rolpa, a complaint
on the killings of 17 women, and a complaint on the abduction of 16 women by the Maoists. The details of the action on the complaints
are as follows: Details of Complaints 2057 B.S. (2000
April- 2001 March)2058 B.S (2001 April- 2002 March) 2059 B.S. (2002
April- 2003 March 2060 Baisakh (April/May 2003) Total Remarks Total number of
Complaints 440 211 550 28 1229 Complaints against the Government 331 197 506
24 1061 Complaints against the Maoists 109 15 44 4 172 Complaints
Cancelled 73 43 3 0 119 Complaints Pending Decision/ Suspended 36 39 4 0
79 Decision on Complaints 11 5 4 0 20 The cancelled and suspended complaints
above include complaints on issues beyond the authority of the Commission; complaints
lacking in additional evidence and therefore no further investigation possible, and
complaints in which legal action had been already taken. A study pursued about one and half year ago
on the complaint management system showed that there is a scope for improvement on the
model that NHRC Nepal has adopted for itself. The above figures on the settlements of
human rights complaints also show that the NHRC machinery needs to be activated, and part
of the solution to the existing problems of delay and arrears is a well-developed
complaint management system which is not only understandable and accessible but also
speedy, effective and fair. The existing environment of Maoist conflict further indicates
towards the urgency of an effective complaint settlement mechanism. There is no one accepted way of handling
complaints. Similar commissions around the world have adopted differing approaches based
on the nature of the cases it deals with, the traditions (legal and otherwise) that form
part of the backdrop to its existence, the organizational structure it adopts, the
capacities of the personnel and the emphasis it places on the various, sometimes
conflicting objectives the complaint process is meant to respond to. It is also true that most commissions have
adopted a process that facilitates and demystifies complaint filing and investigation,
tries to eliminate unnecessary bureaucracy, cost and duplication of efforts, seeks to
devolve administrative decision-making to the lowest possible level, attempts to
accentuate quick and amicable resolution, searches for comprehensive remedies that aim
both at restoration and prevention, sets the standard of proof at an appropriate level
given the powers it possess, affords both sides to a complaint the opportunity to present
its case and tries to minimize the possibility of administering abuse or error. In this background, attempts are being made
by the Commission to study its challenges and enhance the effectiveness and efficiency of
the existing system by adopting a systematic and uniform approach to complaints handling. [Adhikari is a lawyer. Comments on the
article may be sent to "mailto:human_rights_Nepal@yahoo.co.uk"
human_rights_nepal@yahoo.co.uk] |
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