Chief of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Nepal, Ian Martin, has said that many of the fundamental norms for the protection of human rights have remained under threat in Nepal.

Ian Martin

Ian Martin (File photo)
Addressing the golden Jubilee Celebration of the Nepal Bar Association (NBA)in the capital on Thursday Martin said, “Nothing would do more to create the conditions for building the rule of law and protecting human rights in Nepal than lasting peace.”

Stating that the preamble of the NBA declares that ‘adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession’ Martin said, ” In our short time in Nepal, I and my colleagues have observed the Nepal Bar Association and its members fulfilling these responsibilities in a number of ways.”

He said that his office has expressed its concern in several instances that laws amended by Ordinance and their attempted implementation appear to be in breach of international human rights standards, including those by which Nepal is legally bound by its international human rights treaty obligations.

“I note in particular the cases relating to freedom of expression in which lawyers and the Nepal Bar Association have been ready to support and work side-by-side with other professional associations such as the Federation of Nepalese Journalists and representatives of independent media,” he added.

Expressing concern over the Terrorist and Disruptive Activities Ordinance (TADO), Martin said, “Our office has great concerns about the special legislation which exists in Nepal, notably the Terrorist and Disruptive Activities Ordinance (TADO), which we believe in many ways is inconsistent with international human rights standards and has contributed to a climate of impunity here.”

Referring to the re-arrest of people who were released by the Court’s order Martin said, ” The cases where individuals who have been released from detention pursuant to a writ of habeas corpus issued by a court of law are re-arrested, sometimes at the very moment of release and from the court premises, became one of the first issues our office took up with the authorities, and we welcomed Home Ministry’s instructions issued in June that court orders are to be respected and persons released not rearrested.” He added, “Regrettably this practice has not ceased, and we have again had to present our concerns to the authorities.”

Referring that Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights, to which Nepal is party, guarantee to everyone a minimum set of rights in criminal proceedings, Martin said the right to defence requires that the defendant and his lawyer have adequate time and facilities to prepare the defence.

Martin further said, “It also requires access to documents and other evidence that is being used against the accused, but reports from my colleagues who visit prisons and detention centres reveal that these rights are hardly respected,” adding, “Too often the presence of lawyer during the investigation process is not allowed and both the accused and the victims are left without legal counseling to protect their rights.”