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PBI's recommendations to the Government of Nepal for its Universal Periodic Review by the UN Human Rights Council

PBI's recommendations to the Government of Nepal for its Universal Periodic Review by the UN Human Rights Council

The Universal Periodic Review (UPR), which began in 2008, is a UN Human Rights Council mechanism through which all the world’s states are monitored on their human rights record. Over a four-year period, every country in the world is reviewed separately. Civil society, UN country teams and the government all submit a report to the Council. For each state, three other states, chosen at random, form a troika that leads the review. All other states are allowed entry to the 3-hour review process at the Human Rights Council in Geneva and can raise recommendations there. The representatives of the State -under-review will then choose to either accept or reject each recommendation.

How useful the UPR will be as a tool for protection and change remains to be seen, but what is clear is that the recommendations that Nepal agrees to accept can form a basis for human rights work in the years to come, with civil society able to lobby the government on the recommendations that it accepts. With the culture of impunity continuing in Nepal and general insecurity increasing, this external spotlight on Nepal’s human rights situation is an opportunity for Nepal’s human rights community to go beyond stagnated national mechanisms and raise their concerns on an international platform.

Recommendation 1: Lend legitimacy
Recognise the critical role of HRDs in combating impunity and promoting the rule of law. Give HRDs, including WHRDs, legitimacy and recognition in public events and statements as a way to prevent acts of threat and intimidation against them.

Recommendation 2: Protection mechanisms
Ensure the protection of HRDs by incorporating into national law the 1998 UN Declaration on HRDs. In line with this, develop a policy on the protection of HRDs which would include the creation of district security mechanisms, including safehouses and provisions for relocation and the creation of secondary safe environments, in cooperation with NHRC.

Recommendation 3: Journalists
Take measures to protect journalists, and ensure that complaints of harassment of journalists and HRDs receive prompt response, impartial and effective investigation and prosecution, and that adequate measures for their safety be taken.

Recommendation 4: WHRDs
Recognise the importance of the work of WHRDs by instructing state authorities to fully cooperate by fairly and impartially investigating cases raised by WHRDs and by implementing genderappropriate security measures aimed at preventing abuses and, if prevention fails, providing an adequate response. These should be developed in line with recent Supreme Court rulings in Nepal on WHRD protection, the 1998 UN Declaration on HRDs and in consultation with WHRDs.

Recommendation 5: Military and Policing Standards
Maintain effective and accountable policing and military standards that uphold UN law enforcement, criminal justice and human rights instruments, that contribute to the protection of human rights defenders, provide them a recourse for protection and enable them to carry out their work safely. Implement education, training and monitoring so that police, military and security sector officials of all levels/ranks are aware of human rights and provide equal protection of the law to all persons without discrimination on any grounds, and in particular, to ensure that all persons are protected from illegal acts and have the right to free movement, peaceful assembly and free expression.