Overview
The National Human Rights Commission (NHRC) of Nepal is an independent and autonomous constitutional body. It was established in the year 2000 as a statutory body under the Human Rights Commission Act 1997 (2053 BS). The Interim Constitution of Nepal 2007 (2063 BS) made the NHRC a constitutional body. It has a separate sphere of responsibilities in the constitutional legal system of the country. These responsibilities complement the responsibilities of the normal machinery of the administration of Justice, the Supreme Court, the Office of the Attorney General, the Commission for the Investigation of Abuse of Authority, and other existing executive, quasi-judicial or judicial bodies of Nepal.
The Commission was created in response to a 1991 UN-sponsored meeting of representatives of national institutions held in Paris, which laid down a detailed set of principles on the status of national institutions commonly known as the Paris Principles. These principles, subsequently endorsed by the UN Commission on Human Rights (Resolution 1992/54 of 3 March 1992) and the UN General Assembly (Resolution 48/134 of 20 December 1993, annex) have become the foundation and reference point for the establishment and operation of the National Human Rights Commission of Nepal as well.
The establishment and constitution of the Commission complies with the minimum standards set out in the 'Paris Principles'. To name a few, they are independence guaranteed by statute or constitution; autonomy from executive, pluralism, including in membership; a broad mandate based on universal human rights standards; and adequate powers of investigation. Article 132 of the Interim Constitution of Nepal vests primary responsibility in the Commission to protect and promote the human rights of Nepalese people. In order to perform this responsibility, the Commission can conduct inquiries and investigations, on its own or upon a petition or complaint files to it on violation of human rights and abetment thereon, and carelessness and negligence in the prevention of violations of the human rights by any person, organization or authority concerned. It can also inquire into a matter with the permission of the court in respect of any claim on violations of human rights, which is sub-judice in the court.
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