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Nepal: The Undemocratic Amendments of the "National Human Rights Commission Act" and "Media Laws"

Press Statement

May 22, 2005

We strongly protest the decision of the regime for the amendment of the current National Human Rights Commission (NHRC) Act- 1997 on the eve of the expiry of the tenure of its officials. The NHRC was established as an autonomous body for the protection and promotion of human rights in the country. The amendment is a deliberate action and demonstrates the undemocratic and illegal nature of the regime. The appointment of NHRC officials in the absence of legitimate recommendation committee should be undertaken following the guidelines of the Paris Principles adopted by the UN General Assembly on 20 December 1993 under Resolution 48/134, instead the regime's amendment could result in the NHRC playing an instrumental role in covering up human rights abuses committed by the state and security forces rather than protecting and promoting citizens' human rights, especially those of the victims. We are convinced that should the regime appoint members of the NHRC, they would engage in pleasing the current regime, completely undermining the indispensable norms of the Paris Principles such as independence, impartiality, efficiency and professionalism.

Similarly, we condemn the attempt of the regime to enforce the "Amendment to Nepal Acts related to Media Laws" that aim to curtail free and fair news reporting and publication. This amended law not only prohibits press freedom and freedom of expression guaranteed by the 1990's Constitution of the Kingdom of Nepal , it also undermines international declarations and covenants in relation to human rights that Nepal has signed. Such acts have been undertaken to impose autocracy in the country by sidelining the basic norms and principles of democracy.

We strongly protest the regime's deliberate actions that have been carried out after the assumption of all executive powers by King Gyanendra on February 1, 2005 in order to dismantle the structures of democracy. We demand that the state release all political prisoners, enforce the principles of "rule of law," and abide by the provisions of international human rights and humanitarian laws. We also urge the state to stop all forms of unconstitutional, illegal, irresponsible and undemocratic actions in order to demonstrate the actual end of the "state of emergency."

On behalf of 25 human rights organizations,

Subodh Raj Pyakurel, Dr. Gopal Krishna Siwakoti ,Shobhakar Budhathoki