How Feasible Is the Implementation of the National Human Rights Commission’s Recommendations?

May 26, Kathmandu: The National Human Rights Commission has recommended prosecuting those responsible and conducting further investigations regarding the events of September 8 and 9. During the Jenaz Movement, 76 lives were lost due to police detentions of students and protesters.

A committee chaired by Commission member Lily Hajur Basnyat Thapa concluded that former Prime Minister KP Sharma Oli, former Home Minister Ramesh Lalthok, and former Information and Communication Minister Prithvi Subba Gurung violated human rights.

Since no existing laws provide penalties for these human rights violations, the Commission recommended enacting retroactive legislation addressing crimes against humanity and human rights to ensure punishment.

The Commission forwarded these recommendations to the Prime Minister’s Office on Wednesday, urging interim Prime Minister Sushil Karki and outgoing Home Minister Sudhan Gurung, among others, to conduct further investigations.

Additionally, Ravi Lamichhane, chairman of the ruling Rastriya Swatantra Party (Raswapa), has been implicated for involvement in releasing detainees during the Jenaz Movement. Raswapa parliamentarians Manish Jha and Hari Dhakal, along with Nakkhu Prison Administrator Satyaraj Joshi, have also been recommended for investigation.

Regarding the crackdown on the Jenaz Movement, the Commission has recommended departmental action against Chief of Police Dan Bahadur Karki, Armed Police Force Inspector General Narayan Datt Paudel, Deputy Inspector General Om Vikram Rana, Superintendent of Police Bishwo Adhikari, Armed Police SP Jeevan KC, Directorate of National Investigation Krishna Khanal, and Kathmandu Chief District Officer Chhabilal Rizal.

The Commission identified weaknesses in the Nepali Army’s handling of the vandalism and arson at Singha Durbar, the Supreme Court, and the President’s residence during the September protest, though it did not recommend any punitive action against the Army.

The Commission has not released the full report but has shared decisions based on a 1,000-page document.

Former Commission member Gauri Shankar Lal Das explains that while recommendations from any constitutional commission are technically binding, in practice, implementation is limited. He notes, “Only in strong democracies, where there are no human rights violations, does the commission’s recommendation guarantee promotion. The reality is, less than 10 percent of these recommendations are implemented.”

Under the Inquiry Commission Act, 1970, commissions may be formed to investigate matters of public importance, with the authority to collect facts and details related to incidents. However, although these commissions can make recommendations, the final decision rests with the government.

Typically, such commissions suggest further investigations and legal proceedings against offenders.

Former Human Rights Commission member Mohana Ansari highlights that the mandates of constitutional commissions differ from those formed under other laws. Although recommendations from constitutional commissions are binding, Ansari expresses frustration that reports from the Human Rights Commission have not been effectively implemented during her tenure. She states, “Our recommendations were also ignored. If these recommendations were enforced, it would enhance the state’s reputation internationally.”

A notable example illustrating the negative impact of ignoring recommendations is the decade-long Maoist armed conflict case involving the severe torture of Janak Bahadur Raut at Gorusinge Barracks. The Commission recommended departmental action against Nepali Army General Kumar Lama and compensation for the victims. However, the government did not take action against Lama, who was promoted to Colonel and later arrested in the UK in 2013 while on leave from South Sudan.

In 2014, during a parliamentary committee meeting on Social Justice and Human Rights, current President Ram Chandra Paudel and other members demanded Lama’s return to Nepal for investigation under Nepali law.

“Had the Commission’s report been enforced, such extensive governmental intervention to shield Lama would not have been necessary, nor would he have had to endure such humiliation abroad,” a Commission member commented.

In January 2016, three individuals were killed due to police gunfire during clashes between CPN (UML) and the United Democratic Madhesi Front in Rangeli, Morang. The Commission concluded that these deaths were due to negligence by security officials.

The Commission recommended legally prosecuting the responsible officers and providing adequate relief and compensation to the victims’ families. Officials implicated in the recommendations previously sought reconsideration from the Commission, which firmly refused. Former member Ansari emphasizes, “The Human Rights Commission’s recommendations cannot be reconsidered or amended.”

Article 249 of the Constitution authorizes the Commission to recommend legal action against individuals or institutions responsible for human rights violations.

The Commission can recommend departmental actions and legal penalties to the relevant authorities.

The Supreme Court has also ordered that the Commission’s recommendations be implemented unequivocally, without conditionality.

Human rights activist Charan Prasain acknowledges some shortcomings in the Commission’s Jenaz Movement recommendations but stresses that there is no alternative to implementing them. He states, “There are discussions about reappointing the former Home Minister, but according to the Commission’s recommendations, he should not be given such responsibilities again.”

Prasain adds that the Commission has the right to receive updates every three months on the progress of implementation. Referencing constitutional provisions, he emphasizes, “The implementation of the Commission’s recommendations is not optional. If officials obstruct implementation, the Commission has the right to publicly identify them as human rights violators.”