Nepal 2015 Constitution (reviewed 2016)

PART 25. National Human Rights Commission

248. National Human Rights Commission

1. There shall be a National Human Rights Commission in Nepal consisting of the following Chairperson and four other members:
2. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and the Members of the National Human Rights Commission.
3. The term of office of the Chairperson and Members of the National Human Rights Commission shall be six years from the date of appointment.
4. The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
5. Notwithstanding anything contained in Clause (3), the office of the Chairperson or the Members of the National Human Rights Commission shall be deemed vacant in the following circumstances:
   1. if she/he submits a written resignation to the President,
   2. if a resolution of impeachment is passed against her/him as per Article 101,
   3. If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
   4. if he or she dies.
6. Any person who possesses the following qualifications is eligible to be appointed as the Chairperson or a member of the National Human Rights Commission :-
   1. for the position of Chairperson, a person from among the retired Chief Justices or Judges of the Supreme Court who has made an outstanding contribution to the protection and promotion of human rights, or a person who holds a high reputation and has rendered an outstanding contribution in the field of protection and promotion of human rights or various sections of national life for at least twenty years,
   2. for the position of members, persons from among the persons who hold high reputation and have been actively involved in the field of, and rendered an outstanding contribution to, the protection and promotion of human rights or children rights, or various sections of national life for at least twenty years,
   3. holds a Bachelor’s Degree from a recognized university,
   4. has attained the age of forty five,
   5. is not a member of any political party immediately before the appointment, and
   6. possesses high moral character.
7. The remuneration and other conditions of service of the Chairperson and the Members of the National Human Rights Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the Members of the National Human Rights Commission shall not, so long as they hold office, be altered to their disadvantage.Provided that this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.
8. A person who has been the Chairperson or a Member of the National Human Rights Commission shall not be eligible for appointment in any other government service.Provided that nothing in this Clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

249. Functions, duties and powers of National Human Rights Commission

1. It shall be the duty of the National Human Rights Commission to ensure the respect, protection and promotion of human rights and their effective implementation.
2. In order to perform the duty pursuant to Clause (1), the National Human Rights Commission may carry out the following functions:-
   1. conduct inquiries into, and investigations of, and recommendation for action against the perpetrator of, instances of violation or abetment of violation the human rights of any person or a group of persons, upon a petition or complaint presented to the Commission by the victim herself/himself or any person on her/his behalf or upon information received from any sources, or on its own initiative,
   2. forward a recommendation to the authority concerned to take departmental action against any authority that has the duty of responsibility to prevent violations of human rights, if it failed to perform such duty or responsibility or showed recklessness or lack of interest in performing that duty,
   3. make recommendations if necessary, to lodge a petition in the court, in accordance with the law, against a person or institution that has violated human rights,
   4. work jointly and in a coordinated manner with civil society to enhance awareness of human rights,
   5. forward a recommendation to the relevant authority for taking departmental action against or imposing punishment on the violators of human rights, giving clear reasons and basis therefor,
   6. review existing laws relating to human rights on a periodic basis and to recommend to the Government of Nepal necessary reforms and amendment thereto,
   7. recommend with reasons to the Government of Nepal that it become a party to any international treaties and agreements on human rights, if it is desirable to do so, and to monitor the implementation of the international treaties and agreements on human rights to which Nepal is a party and if found not to be implemented, forward recommendations to the Government of Nepal for effective implementation of such agreements,
   8. Publicize the names of any official, person or bodies not following or implementing the recommendations and directions of the National Human Rights Commission regarding the violations of human rights in accordance with law, and to record them as human rights violators.
3. The National Human Rights Commission in performing its functions and duties, may exercise the following powers:-
   1. exercise same powers as the court in requiring any person to appear before the Commission for recording their statement and information or examining them, receiving and examining evidence, and ordering the production of any physical proof,
   2. in case the Commission has received the information from any source that a serious incident of violation of human rights has occurred or is likely to occur, it may enter a person’s residence or office, conduct a search and seize any documents and evidence relating to human rights violations therein,
   3. enter any government premises or other places, without prior notice, in case the Commission has received information that violation of human rights of a person is occurring thereon and immediate action is required, to provide rescue,
   4. order compensation for the victims of human rights violations in accordance with law,
4. The National Human Rights Commission may delegate any of its functions, duties and powers to the Chairperson, any member or any employee of the Government of Nepal to be exercised and followed in compliance with the conditions specified
5. Other functions, duties and powers and procedural of the National Human Rights Commission shall be as specified by Federal law.