August 16, 2000

KATHMANDU: Everything seems quiet on the Human Rights Commission front, but is it?

It may be recalled that this Commission was born after much turmoil, both in the political and human rights circles. It took a full decade after the re-establishment of democracy in the country, for the Commission to see the light of the day.

And even when that happened, there was much hue and cry at the choice of the Chairman of the Commission, who happened to be a Chief Justice of the bad old Panchayat days. Furthermore, it did not help matters when the newly appointed Chairman, former Chief Justice Nayan Bahadur Khatri, made some controversial remarks regarding the present democratic system in an interview to a vernacular weekly. He had reportedly said in the interview, “that he liked the Panchayat system better than the present multi-party set-up”.

However after the initial hue and cry and after Khatri took back his words and clarified matters, the initial storm blew over and it looked like the Commission would go ahead with its responsibilities. But there are indications that, the formation of the important body has just been a formality and even officials within the Commission are complaining that nothing much is happening.

Chairman of the Commission Khatri however, in a brief conversation with this reporter, said that things were running smoothly and the members were busy in fulfilling their responsibilities.

But at a programme organised by Penal Reform International (PRI) and Centre for Victims of Torture (CVICT) on Plan of Action for Penal Reform in Nepal on Monday, a source at the Human Rights Commission said on the condition of anonymity, that not much was being done by the HCR. “The problem lies in some of the members, who are more interested in personal perks and benefit rather than human rights reforms,” the source said.

An active human rights activists also criticised the government for housing the important constitutional body within the premises of a Ministry. “How can the Commission be free and impartial when it functions from within the government secretariat?” He asked.

It would be much better if the Commission finds its own house and functions from it, he further said. He also indicated that funds should be no problem for the HRC, as it would receive support from many international agencies.

It may be mentioned here that the Chairperson of the Human Rights Commission in the Indian state of Rajasthan, Kanta Bhatnagar, resigned from her post on Sunday, saying he “conscience did not permit” her “to face the humiliation” meted out to her by the state government.

“I hope it would prove to be an eye opener for the government and the bureaucracy in relation to the prevalent conditions” at the newly constituted Human Rights Commission, said Mrs. Bhatnagar, who is a former Chief Justice of the Madras High Court.

If the Commission here also depends completely on the government for its physical facilities as well as perks, then it could also face similar interference from politicians as well as bureaucrats, a source said.

There is no doubt the Commission is very important to deter any human rights violations that take place in the country. This was a body, the necessity of which had been felt badly by all sectors of the society. Now that it has been formed, it has an enormous challenge to oversee the human rights situation in the country.

Specially now, there are reports of rights violations, more so in the Maoists affected areas of the country. Both the police and also the Maoists have been accused of inflicting rape, torture and other violations. The Commission should not keep quiet like a toothless tiger, when such atrocities are taking place. It must act decisively to stop all such inhuman activities.

A senior journalists remarked that just publishing incidents of human rights violations on an annual basis, will not be enough. “We have seen the helplessness of the Commission for Investigation of Abuse of Authority (CIAA), we should make the HCR much more effective and also stronger,” he said.

For now, the HCR could hold a press meet and tell the people what work it has done since it was formed some months back. This would assure the people that this important body was fully active in protecting one very important fundamental rights of the citizens. It can be hoped the Commission will not disappoint the people.