Book Review (Spotlight Weekly)

On Human Rights

Dr. Bipin Adhikari highlights the need for capacity building of the National Human Rights Institution

By A CORRESPONDENT

As Nepal has been passing through a very critical phase of violent insurgency, the rights of the people are the first victims. With the establishment of the National Human Rights Commission, the country has an independent body to evaluate and comment in case of human rights violation.

Although the institution was constituted nearly four and a half years ago following intense pressure from the opposition party and members of ruling party as well, the government is yet to provide necessary support in building its capacity. At a time when there are serious debates over what kinds of institution the commission requires, a renowned Nepali human rights expert Dr. Bipin Adhikari discusses different aspects of institution buildings.

"A national institution, which is expected to work in a situation of conflict like ours, is certainly expected to be serious in fulfilling its objectives and activities. In a way, we can also take it as a unique opportunity to help our motherland in all possible ways including by contributing to human rights sensitive ways to peace process," writes Nayan B. Khatri, chairperson, National Human Rights Commission of Nepal. "That means we need to dig deeper and look for creative ways to deal with these issues which affect our own security and is very much at the core of our activities for promoting and protecting the human rights of Nepalese people."

With the establishment of Commission, there has been a greater level of awareness about human rights violations. Being an independent institution, the commission can ask and summon anyone. From military officials to police and other government officials, the commission regularly questions them about rights violations. The commission also puts pressure on the insurgent groups to respect human rights.

"The National Human Rights Commission of Nepal has completed four year of its existence. It is now more matured than what it was two years ago. It is not only trying to develop according to these international standards, but also making efforts to get recognized by His Majesty's Government and its institutions, and the civil society at large," said Adhikari in his acknowledgement. "It is clear that it still has to work hard in the days ahead to achieve what the Paris Principles really enable it to stand for. Again, being in conformity with the Paris Principles does not of itself guarantee the effectiveness of a national institution. International experience suggests that the most effective national institutions are those with a strong commitment to making respect for human rights a reality and are willing to stand firm in the face of resistance."

Despite completion of four years of Commission, no one has made any effort to evaluate the performance and shortcomings in the commission. Thanks to Dr. Adhikari's sincere efforts, an outsider can understand the evolution in the process of institution building. The book provides evaluation of effectiveness rather than simply describing formal structures and procedures.

"Written by an insider, although in his very personal capacity, the book is a welcome addition to the study of national institutions," said Khatri.

Dr. Adhikari, a lawyer with the expertise in the area of constitutional law, human rights, legal reform initiative and democratization process, worked as a UNDP appointed human rights capacity development advisor for a number of years.

"This book tries to give a serious look on a variety of the issues that the National Human Rights Commission is working on. It also focuses at how the national institution of Nepal is doing its work and developing new tools for improving impact. The general theme is to discuss issues involving capacity building, but attempts are made to highlight also on human rights issues that the commission is involved with."

Building Capacity of National Human Rights Institutions
The Case of Nepal
By: Dr. Bipin Adhikari
Published by: Right to Education Foundation (RTEF)
Price: Rs. 250
Pages: 385