The Bill on the Promotion and Protection of Human Rights Defenders is necessary:  Dr. Dhungel

  August 9, 2023 By: INSEC

Dr. Surya Prasad Sharma Dhungel, the Acting Chairperson of the National Human Rights Commission, emphasized the necessity of enacting an Act for the protection and safeguarding of human rights defenders in accordance with both national and international legal frameworks. He shared this viewpoint during a consultation meeting regarding the proposed Bill 2023 on the protection and preservation of human rights defenders, organized by INSEC on August 8 in Birendranagar.

Dr. Dhungel highlighted the importance of considering individuals engaged in journalism within the context of human rights defenders. He stressed that given the current circumstances, it is imperative for both federal and state governments to establish a comprehensive Act for the protection and safeguarding of human rights defenders.

Dr. Kundan Aryal, Chairperson of INSEC, underscored the significance of addressing economic, social, and cultural rights as a vital component of human rights. He emphasized that collaborative efforts between the government and citizens are crucial for reducing instances of human rights violations in these domains.

Dr. Aryal further stated that the Act for the Protection and Preservation of Human Rights Defenders is essential for the government to collaborate effectively with these defenders, who play a pivotal role in curbing societal crimes.

Nar Bahadur Khadka, the Attorney General of Karnali Province, recommended focusing on enacting such protective laws at the federal level rather than solely at the state level. Chief Justice Khadka argued that unless the central government acknowledges the urgency of safeguarding human rights defenders, the establishment of the Act for their protection and preservation would remain unattainable.

Murari Prasad Kharel, Executive Secretary of the National Human Rights Commission, praised the unanimous consensus among stakeholders in Karnali Province regarding the need for the bill. He emphasized that a Human Rights Defenders Act is indispensable to hold the state accountable for safeguarding human rights.

Birendra Bahadur KC, Deputy Secretary of the Office of the Chief Minister and Council of Ministers in Karnali Province, suggested amending the proposed draft to enhance clarity concerning service facilities, fund management, and expenses.

Madan Khadka, Secretary of the Karnali Pradesh Assembly, pointed out shortcomings in the proposed draft, advocating for improvements in wording, punctuation, and phrasing. He suggested removing terms like “protest programs” and “creating public opinion” from the bill.

Kamal Lamsal, Vice-Principal of Madhya Paschim University, asserted that the bill should be revised to enhance clarity. Nisha Paudel of Awaaz proposed the addition of counseling services to the proposed bill for human rights defenders.

Advocate Khemraj Tiwari stressed the necessity of aligning the bill with the provisions of the Constitution of Nepal and other laws. Sarmila VC, Coordinator of the Human Rights Defenders Network in Surkhet, recommended including provisions to regulate the use of identity cards of human rights defenders, which have been subject to misuse.

Advocate Matrika Prasad Khanal of the Nepal Law Society identified weaknesses in the proposed bill, particularly in relation to the appointment of officials within the Human Rights Protection Council.

Prakash Saru, Chairperson of the Non-Governmental Organizations Federation in Surkhet, emphasized that the Human Rights Protection Council should consist exclusively of citizens, without government representation.

The program featured a presentation of the proposed Bill 2023 on the protection and preservation of human rights defenders by Narayan Subedi, the coordinator of INSEC Karnali Province. Representatives from the Karnali Provincial Assembly, Deputy Secretaries from various Ministries, members of civil organizations, human rights advocates, legal professionals, and media personnel participated in the event.

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INSEC Karnali Province Office, Surkhet