The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSChapter 15 is about the National Human Rights Commission. The Commission hasexisted for some time but this is the first time it has been mentioned in the Constitution.There must be a chairman (who must be a retired Chief Justice or Supreme CourtJudges) and 4 other members. The other members must have experience in humanrights work or social work. Members must come from a wide range of backgrounds– including women. They are appointed by the President – on the recommendationof the Constitutional Council. The work of the Human Rights Commission is toinvestigate accusations of human rights violations, to make recommendations toauthorities to take action, including punishment of people who have violated humanrights, to suggest taking action in court for human rights violations, and to publicisehuman rights – working with civil society. It is also supposed to study the laws ofNepal to see whether they meet human rights standards. They are to give advice tothe country on becoming a party to human rights treaties. And they are to monitorhow the government complies with human rights treaties and make proposal forimproving the country's human rights performance. The Commission is given somespecial powers to do its work. It can call people to give it information. It can enterpremises to find evidence. It can order compensation to people who have sufferedbecause of human rights violations. It is supposed not to inquire into anything thatis dealt with the Army Act – which deals with the administration and disciple of theArmy. But on the other hand, this does not apply if there is a violation of humanrights (or humanitarian law). It must report annually to the President on the PrimeMinister's recommendation.Chapter 16 is about the Attorney General who is the legal advisor of the Government.He or she gives advice to the Government itself and to other public bodies and canappear in court as the government's lawyer. There are other functions includinginvestigating a complaint that a person who was in prison or somehow in custodywas treated in a way that violated human rights. And the Attorney General issupposed to watch the work of the Supreme Court and how it interprets and appliesthe law (but it does not say what the Attorney General is to do with this information).The Attorney General can go to the Legislature Parliament and express any viewsbefore it. The Attorney General is appointed by the Prime Minister and can bedismissed by the Prime Minister. He or she must have qualifications that are goodenough that he or she could be appointed as a judge of the Supreme Court.26