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URGENT ACTION APPEAL!

     Ref: Urgent Action Appeal!

Dear Ms. Robinson:

I am writing to draw your kind attention towards the worsening situation of human rights in Nepal — a country that restored multi-party system in 1990 and guaranteed basic human rights in the new Constitution promulgated in 1991. It also ratified most of the major human rights instruments of the United Nations without any reservations. They include the International Bill of Human Rights and other conventions relating to torture, women, children, racial discrimination etc.

However, the situation of human rights has been getting worse in the past few years, particularly after the beginning of Peoples' War declared by the Communist Party of Nepal (Maoist) and the massive scale of repression on the part of the government. Nepal enacted a National Human Rights Commission Act in 1996 but it is yet to form the Commission. Existing legal and judicial remedies have been seriously undermined in the context of Maoist insurgency. Furthermore, the government is now trying to introduce various laws to give free hand to the local administration and the police, including the judicial authority.

The government, in the recent Session of the Parliament has submitted an amendment bill called the "Bill for the Amendment of Some Nepali Laws relating to the Internal Administration 2056 (1999)". It is a newer version of the so called Terrorist and Destructive Crimes (Prevention and Punishment) Act that had been defeated in the past due to domestic opposition and international concerns expressed by the large human rights community. As a consequence, we also faced series of harassment, illegal arrest and solitary confinement last year due to the opposition to the so called anti-terrorist act.

As you already know, Nepal has been receiving your technical assistance for the protection and promotion of human rights. But, I have a doubt that it is serving its real objectives.

In this context, I would like request you to immediately use your high office regarding the worsening human rights situation in Nepal and assist in our struggle against the introduction of any draconian laws contrary to the Constitution of the Kingdom of Nepal and international human rights obligations.

For your information, I have attached the unofficial translation of the Bill for the Amendment of Some Nepali Laws relating to the Internal Administration 2056 (1999) and relevant constitutional, legal and human rights provisions that we find in violation.

Please contact me or my colleague, Ms. Neeru Shrestha, Programme Officer at INHURED International, for any additional information that you may need.

Looking forward to hearing your positive action in this regard.

Sincerely yours,
Gopal Siwakoti 'Chintan'
Executive Director

1. Honorable Prime Minister Krishna Prasad Bhattarai, Prime Minister's Secretariat, Singh Durbar, Kathmandu, Nepal. Tel: 0977-1-227955, 228555, fax: 227286.
2. Honorable Tara Nath Rana Bhat, Speaker of the House of Representatives, Parliamentary Secretariat, Singh Durbar, Kathmandu, Nepal. Tel: 0977-1-228977, fax: 228551.
3.  Honourable Mohammed Mohsin, Chairperson, National Assembly, Singh Durbar, Kathmandu, Nepal. Tel: 0977-1-224577, fax: 228551 & 222923.
4. Honourable Purna Bahadur Khadka, Home Minister, Ministry of Home Affairs, Singh Durbar, Kathmandu, Nepal. Tel. 0977-1-228024, fax: 225156.
5. Honourable Achyut Krishna Kharel, Inspector-General of Police, Police Heaequarters, Naxal, Kathmandu. Tel: 0977-1-411210, fax: 415594.
6. General-Secretary, Nepali Congress (the ruling party), Teku, Kathmandu. Tel: 0977- 1-246248, fax: 227747.
7.  General-Secretary, Communist Party of Nepal (Unified Marxist & Leninist), the main Opposition Party in the Parliament, Balkhu, Kathmandu. Tel: 278081, fax: 278084.
8.  Chairperson, National Democratic Party (Thapa), tel: 0977-1-423724, fax: 417341.
9. Chairperson, Nepal Sadbhavana Party, tel: 0977-1-228419.
10.  Chairperson, Nepal Workers' and Peasants' Party, Bhaktapur. Tel: 610974, fax: 613207.
11.  General-Secretary, Nepal Communist Party (United), Kathmandu. Tel: 0977-1-430869, fax: 411642.
12.  General-Secretary, Communist Party of Nepal (Marxist & Leninist), Bag Bazar, Kathmandu. Tel: 0977-1-223827, fax: 231957.
13.  General-Secretary, National Democratic Party (Chand), Kathmandu. Tel: 223044, fax: 223628.
14. General-Secretary, Green Nepal Party, Dilli Bazar, Kathmandu. Tel: 411730, fax: 419497.
15. National News Agency (government), Prithvi Path, Kathmandu. Tel: 0977-1-262724, fax: 262744.
16. The Rising Nepal, New Road, Kathmandu. Tel: 0977-1-222279, fax: 244428.
17. The Kathmandu Post (National Daily), 0977-1-480100, fax: 470178, e-mail <kanti@kpost.mos.com.np>
18. Radio Nepal (government), Singh Durbar, Kathmandu. Tel: 0977-1-211569, fax: 228652.
19. Radio Sagarmatha FM, Bakhundole, Lalitpur. Tel/fax: 0977-1-528091, fax: 530227.
20.  Kantipur FM, Lalitpur. Tel: 0977-1-541902, fax: 522731.
21.  Nepal Television (government), Singh Durbar, Kathmandu. Tel: 228436, fax: 227452.

November 3, 1999
Kathmandu, Nepal

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[This text is translated from the proposed as Terrorist bill in parliament which is a symbol of Fascism and Barbaric rull of Criminals]
(Unofficial translation)

Objective and Reason

Throughout the Kingdom, the criminal activities such as interruption in peace and tranquillity of the country and citizens, destruction of property, murder, mutilation, wounds and injuries, setting-fire, kidnapping, hostage taking, physical and mental torture and harm, extortion, are on the increase by using destructive and harmful means like the use of weapon and explosive materials. There is no adequate legal provision to prevent such acts. As a result, there is a great possibility of these persons for further engagement in such activities after they are released on bail. Therefore, there has been a moral boost of such persons. Thus, I am submitting the Amendments in Some Nepali Laws relating to Internal Administration Bill, as desired to make laws by amending articles 6a and 6b in the Local Administration Act, 2028, amending articles 2 and 20 of the Weapon and Other Similar Materials Act, 2019 and adding article 5b, amending articles 2 and 10 of the Explosive Act, 2018 and adding articles 4a, 10a, and 10b, adding article 4a in the Crimes against the State and Punishment Act, 2046, amending articles 13 and 14 and adding articles 3a and 14a and adding Section 8a and 13b of the National Code, 2020 to punish individual, group and organization involved in such criminal activities as a repentance.
 

(Purna Bahadur Khadka)
Home Minister

1. Short Title and Commencement:

(1) The name of this Act shall be "the Act for the Amendment of Some Nepali Laws relating to the Internal Administration 2056."
(2) This Act shall be in effect immediately.
2. Amendment in the National Code: The National Code, (1) the following section 8(a) is added after Section 8:
Section 8(a)Kidnapping and Taking Hostage

No. 1. No one can use force or threat to do the same or fraud or harass to any person or take over or control of a traveling vehicle of anyone by any means to force to go to any place or kidnap any person without consent or in the case child or mentally ill person without the consent of parents or guardian to take to any place or assist for the same.

No. 2. No one can forcefully detain or illegally control or detain without the consent of any person or take hostage by using force or threat to do the same or fraud or harass or manhandling or the use of weapons or take over any house, shelter, temple, public shelter, school, religious building, toilet, park, governmental or non-governmental office, means of transport, public or any other house or place. But, it shall not be an offense to detain a child or mentally ill person with the consent of his/her parents or guardian with good intention in the interest of such child or mentally ill person.

No. 3. There shall be 5 to 15 years of imprisonment and 25 to 50 thousand rupees fine for the acts of kidnapping or illegal detention or hostage-taking or homicide or physical harm causing an injury or rape by force or unnatural sex, the sale of human beings or making slave or forced labour or involving in prostitution or torture or do or force to do any other work or extortion or any other work as committed under No. 1 and 2 of this Section as punishable under existing laws and in any other cases not mentioned here shall be three to five years of imprisonment and 10 to 25 thousand rupees fine.

No. 4. There shall be a life imprisonment to a person who kidnaps according to No. 1 and illegally detains or takes hostage according to No. 2 of this Section.

No. 5. There shall be same amount of punishment to a person as equal to the main offender who encourages, orders or gives prior consent for the commitment of the offense under this Section.

No. 6. If a person surrenders during the offense then there shall be reduction in the penalty on case by case basis.

No. 7. If an offense is committed against a person after taking him/her outside Nepal according to this Section that of kidnapping or hostage-taking then the offense shall be considered and punished as in Nepal itself.

No. 8. Compensation has to be awarded from the offenders for the victims by the concerned officials from the date of offense considering his/her economic and social status and the amount of loss by 500 rupees a day upon the establishment of such offense according to Nos. 1, 2 and 3 of this Section. The compensation shall be awarded to the nearest relative of the person if the victim is dead.

The following 13(a) and 13(b) are added after No. 13 of the Section on Homicide:

"13(a). There shall be life imprisonment with confiscation of all property if an attempt is made with an intention to commit homicide or is conscious about the possible death for the following acts whatsoever provided for under No. 13 of this Section:

Causing death with the purpose of collective homicide by adulterating publicly salable drinks and edibles with poison or harmful poisonous elements ------------------------------------------------------1

In case of homicide or kidnapped or hostage person or else -------------------------------------------- 2

In case of homicide through the explosion of explosives at public places of transport or gatherings or means of transport or the public place of assembly or house --------------------------------------- 3

Homicide with barbarian and cruel method of torture or harassment ---------------------------------- 4

The culprit of 1, 2 and 3 of these numbers while committing offense if leads to the harm of property and wealth then the harm shall be collected by the auction and sale of offender's entire movable and immovable property.

13(b). Five to ten years of imprisonment shall be awarded according to the involvement and nature of crime to the person who conspires, orders, make commitments, co-offends or offends as per No. 13(a)

3. Amendments to the Local Administration Act, 2028: The followings of the Local Administration Act, 2028, have been amended,

(1). Sub-article (3) of the article 6 which provides for "imprisonment upto one year or one thousand rupees fine" is replaced by "the imprisonment upto three months or the fine upto five thousand rupees" are kept.

(2). Amendment in article 6(b),

(a) The word "riot area" is replaced by the words "area affected by the activities of violence or destruction or riot area" in the title and various place of sub-article (1) and, similarly the words "the other materials or bomb or explosives or poisonous gas" are added after the word "weapons" in the same article.

(b) Following section (j) is further added after section (i) of sub-article 1,

" (j) Chief District Officer shall issue the necessary order to control the transport and communication system in the area affected by the activities of violence or destruction or riot.

(c) The sub-article (2) is replaced by the following sub-article (2),

"(2) At least Sub-Inspector level of police can look and search without prior notice of the place suspected of stored weapons and other materials, bomb, explosives or poisonous gas or if any suspected person is in doubt of hiding in such places or the assets and body of any person in such area affected by the activities of violence or destruction or riot area."

(d) The sub-article (3) is replaced by the following sub-article (3),

" (3) As per sub-article (1) while declaring the area or the area affected by the activities of violence or destruction or riot, the Chief District Officer can do it for the period of one month, and in the case of extension for the period of another three months with the consent of District Security Committee, and it can further extended with the consent of the Ministry of Home affairs of the HMG."

(e) In the sub-article (4) the words "or the area affected by the activities of violence or destruction " is added after the words "riot area"

(f) In sub-article (5) the words "offending part (e) or (g)" are replaced by the words "offending section (c) or (e) and (g) " and the words "imprisonment upto three months or fine upto three thousands" are replaced by the words "imprisonment upto six years or the fine upto ten thousands" in the same sub-article.

4. Amendment to the Weapon and Other such Materials Act, 2019 : The following amendments are made in the Weapons and Other such Materials Act:

(1) The section is (c) replaced by the following section (c) in article 2:

" (c) "weapons" must be understood as rifle, gun, pistol, revolver, mining and grenade and also their accessories or alike means or machine or tools and machine, accessories to make such weapons and this word also identifies with any sort of explosives as well."

(2) Article 5(b) is added after article 5(a):

"5(b) Prohibition to keep or use weapons and other such materials for violent and destructive work: Production or distribution or keeping or transport or import, export or give and take in any way or dissemination of weapons and other such materials with the intention of violence and destruction is prohibited."

(3) The following sub-article (1)(a) is added after sub-article (1) of article 20:

"Sub-article (1)(a) : Offender of article 5(b) shall be imprisoned upto three to five years according to the amount of offense. In case of loss to wealth and property by such offense of a person, the loss shall be recovered from the culprit to the victim.

5. Amendments to the Explosive Materials Act, 2018 : The following amendments are made in the Explosive Materials Act:

1. The sub-article is replaced by the following sub-article (1) of article 2:

" (1) Explosive materials must be understood to T.N.T. which is harmful after cracking, Amatol, Baratol, Pentolite, R.D.X, Torpex, Plastic explosive, Gelegnite, Astemite, Salite Powder, Nitroglacirin, Dynamite, Guncutten, Blasting Powder, Mercury or the flunate of any other materials or the like if produced or used with an intention of making effects after explosion."

2. The following section (a.1) and (a.2) is added after section (a) of article 2:

"(a.1) "Bomb" must be understood to a grenade or armament containing any sort of explosive materials or any materials which explodes or leads to explosion, which is made of any sort of materials or means or made explosive on or with any means and used in military and non military purpose."

(a.2) "Poisonous gas" must be understood to any sort of poisonous smoke or gas, and the word also indicates to the liquid of the same nature."

3. The following article 4(a) is added after article 4:

" 4(a) Prohibition on the Use of Explosive Materials : No one shall with the objective of violent and destructive activities produce or distribute or keep or transport or traffic or sale or make to sale bomb or explosive materials or poisonous gas with license or without license."

4. The following sub-article (1)(a) is added after sub-article (1) of article 10:

"(1)(a) There shall be three to five years of imprisonment according to the amount of offense to the person offending under article 4. In case of any loss of wealth and property such loss shall be recovered by the culprit to the victim."

5. Articles 10(a) and 10(b) are added after article 10 as follows:

" 10(a): HMG as the Petitioner: HMG shall be the petitioner to the case under this Act and such case shall be considered as under appendix -1 of the Government Cases Act, 2049.

10(b): (1) The officer dealing with the case : Officer dealing with the disposal of case under this Act shall be the Chief District Officer.

(2) The decision of the Officer according to sub-article (10) can be appealed in the Appellate Court.

6. Amendment to the Crimes against the State and Punishment Act, 2046

The following article 4(a) is added after article 4 of the Crimes against the State and Punishment Act:

" 4(a). Violent and destructive act: There shall be the imprisonment of three to 10 years with the recovery of financial loss or in case of homicide there shall be life imprisonment with complete confiscation, if a person within the Kingdom of Nepal commits the act of looting, breaking, attacks , destruction or harm by any means the personal, public or government property; performs activities to create a situation of fear or terror; accumulates or transports or sales or uses bomb, gelatin or any such explosive materials or weapons and other such materials or conspires, assists, encourages or gives shelter to a person involved in such activities or trains or helps to train or make an effort to do such activities."

7. Amendment to the Donation Act, 2030

The following amendments are made in the Donation Act, 2030:

(1) The following article 3(a) is added after article 3:

"3a. No one can take or collect donation in cash or kind with or without the use of threat, fear, harassment or force."

(2) Article 13 is replaced by the following article 13:

"13. Penalty and Punishment :

(1) There shall be three to five years of imprisonment or a fine upto fifty thousands to a person taking/collecting donation according to article 3(a). Donations collected by such means shall also be recovered from the culprit."

(2) Besides sub-article (1) there shall be imprisonment upto 6 months or fine upto two thousands or both to a person collecting donation contradictory to this Act or provisions as made under this Act. Donation collected through such activities shall also be recovered from the culprit"

(3) Article 14 is replaced by the following article 14:

" 14. HMG shall be the petitioner: HMG shall be the petitioner to the case under this Act and the case shall be considered under Appendix - 1 of the Government Cases Act, 2049.

(4) The following article 14(a) is added after article 14:

" 14(a). Officer dealing the case:

(1) The right to the disposal of cases under this Act shall be vested in the Chief District Officer.

(2) The decision of the Officer according to sub-article (1) can be appealed in the Appellate Court."
 
 

THE PROPOSED BILL VIOLATES THE FOLLOWING PROVISIONS OF THE CONSTITUTION OF THE KINGDOM OF NEPAL AND VARIOUS INTERNATIONAL HUMAN RIGHTS INSTRUMENTS RATIFIED BY NEPAL

RESTRICTIONS ON CONSTITUTIONAL AND CIVIL RIGHTS

The Bill provides for, both directly and indirectly, restrictions and limitations on various fundamental rights guaranteed under the Constitution from articles 11 to 22 and many similar provisions contained in the Civil Rights Act of 1955. Some reasonable restrictions can be imposed by law under the Constitution to prevent any act which may undermine the sovereignty and integrity of the Kingdom of Nepal, jeopardize social harmony, any action of sedition, defamation, contempt of court or incitement to an offence, public moral, law and order etc. But, this Bill is not specific in imposing restrictions on several of the constitutional rights and is very arbitrary and discretionary in its nature. Because it equally targets the innocent and ordinary citizens and not only those engaged in any violent or destructive activities.

Some of the fundamental rights to be violated or affected by the Bill include:

Article 11. Right to Equality: (1) All citizens shall be equal before the law. No person shall be denied the equal protection of the laws.

(2) No discrimination shall be made against any citizen in the application of general laws on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these.
....

Article 12. Right to Freedom: (1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.
(2) All citizens shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms;
(c) freedom to form unions and associations;
(d) freedom to move throughout the Kingdom and reside in any part thereof; and
(e) freedom to practice any profession, or to carry on any occupation, industry or trade.

Article 14. Right regarding Criminal Justice: (1) No person shall be punished for an act which was not punishable by law when the act was committed, nor shall any person be subjected to a punishment greater than that prescribed by the law enforced at the time of the commission of the offence.

(2) No person shall be prosecuted or punished for the same offence in a court of law more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

(4) No person who is detained during investigation or for trial or for any other reason shall be subjected to physical or mental torture, nor shall be given any cruel, inhuman or degrading treatment. Any person so treated shall be compensated in a manner as determined by law.

(5) No person who is arrested shall be detained in custody without being informed, as soon may be, of the grounds for such arrest, nor shall be denied the right to consult and be defended by a legal practitioner of his choice.

(6) Every who is arrested and detained in custody shall be produced before a judicial authority within a period of twenty-four hours after such arrest, excluding the time necessary for the journey from the place of arrest to such authority, and no such person shall be detained in custody beyond the said period except on the order of such authority.

(7) Nothing in clauses (5) and (6) shall apply to a citizen of an enemy state, and nothing in clause (6) shall apply to any person who is arrested or detained under any law providing for preventive detention.

Article 15. Right against Preventive Detention: (1) No person shall be held under preventive detention unless there is a sufficient ground of existence of an immediate threat to the sovereignty, integrity or law and order situation of the Kingdom of Nepal.

(2) Any person held under preventive detention shall, if his detention was contrary to law or in bad faith, have the right to be compensated in a manner as prescribed by law.

Article 22. Right to Privacy: Except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.
 

JUDICIAL DECISIONS BY AN ADMINISTRATIVE OFFICER OF THE HOME MINISTRY

The following articles of the Constitution provide that no judicial decisions can be made by any official or institution other than the courts and the judges who are duly appointed by the Judicial Council. Furthermore, a person must have a legal background and judicial experience to be qualified for a judicial officer or a judge. In this case, a Chief District Officer working under the Home Ministry can never play the role of a judge.

Part 2 of the Constitution: Judiciary

Article 84. Courts to Exercise Powers related to Justice: Powers relating to justice in the Kingdom of Nepal shall be exercised by courts and other judicial institutions in accordance with the provisions of this Constitution, the laws and the recognized principles of justice.

Article 85. Courts of Kingdom of Nepal: (1) Courts in the Kingdom of Nepal shall consist of the following three tiers:

(a) Supreme Court;

(b) Appellate Court; and

(c) District Court.

(2) In addition to the courts referred to in clause (1) above, the law may also establish special types of courts or tribunals for the purpose of hearing special types of cases:

Provided that no special court or tribunal shall be constituted for the purpose of hearing a particular case.

Article 90. Qualifications for Judges of Appellate Courts and District Courts: (1) Any person who is a Nepali citizen shall be eligible for appointment as Chief Judge or other Judge of an Appellate Court if he, having a Bachelor's Degree in law, has worked as a District Judge or worked in any other equivalent post for a period of at least seven years; or has practiced law for at least ten years as a law graduate advocate or senior advocate; or has taught law or done research thereon or has worked in any other field of law or justice for at least ten years.

(2) A person who is a Nepali citizen, who has a Bachelor's Degree in law, and has worked for at least four years as a second class gazetted officer in the Judicial Service is eligible for appointment as a District Judge:

Provided that nothing herein shall prevent the continuance or reappointment of the Judges who at the commencement of this Constitution are working as Judges.

Article 91: Appointment of Conditions of Service of the Judges of Appellate Courts and District Courts: (1) His Majesty shall, on the recommendation of the Judicial Council, appoint any Chief Judge and Judges of the Appellate Courts and any Judges of the District Courts:

Provided that His Majesty may delegate His authority to the Chief Justice for the appointment of the District Judges to be made on the recommendation of the Judicial Council.

Article 93. Judicial Council: (1) There shall be a Judicial Council to make recommendations and give advice in accordance with this Constitution concerning the appointment of, transfer of, disciplinary action against, and dismissal of Judges, and other matters relating to judicial administration, which shall consist of the following as its Chairman and members:

(a) the Chief Justice, ex-officio Chairman;

(b) the Minister of Justice, ex-officio member;

(c) the two senior-most Judges of the Supreme Court, ex-officio members; and

(d) one distinguished jurist to be nominated by His Majesty.
 

DECLARATION OF EMERGENCY BY CDO AND NOT BY THE KING

The Bill provides for the discretionary power of the Chief District Officer (CDO) in declaring de facto emergency in any area supposedly affected by violent and destructive activities. However, the emergency power can only be exercised by the King with the approval of the House of Representatives (the lower house of the Parliament) in accordance with article 115 of the Constitution for a maximum period of six months. During the emergency, the King can suspend certain fundamental rights, and not all, as guaranteed under Part 3 of the Constitution. But, in the case of CDO, it is not specified about what shall be the status of these fundamental rights. At the same time, the de facto emergency power of the CDO and the Home Ministry is also unlimited

Part 18 of the Constitution: Emergency Power

Article 115. Emergency Power: (1) If a grave emergency arises in regard to the sovereignty or integrity of the Kingdom of Nepal or the security of any part thereof, whether by war, external aggression, armed rebellion or extreme economic disarray, His Majesty may, by Proclamation, declare or order a State of Emergency in respect of the whole of the Kingdom of Nepal or of any specified part thereof.

(2) Every Proclamation or Order issued under clause (1) above shall be laid before a meeting of the House of Representatives for approval within three months from the date of issuance.

(3) If a Proclamation or Order laid for approval pursuant to clause (2) is approved by a two-thirds majority of the House of Representatives present at the meeting, such Proclamation or Order shall continue in force for a period of six months from the date of issuance.

(4) If a Proclamation or Order laid before a meeting of the House of Representatives pursuant to clause (2) is not approved pursuant to clause (3), such Proclamation or Order shall be deemed ipso facto to cease to operate.

(5) Before the expiration of the period referred to in clause (3), if a meeting of the House of Representatives, by a majority of two-thirds of the members present, passes a resolution to the effect that circumstances referred to in clause (1) above continue to exist, it may extend the period of the Proclamation or order of the State of Emergency for one other period, not exceeding six months as specified in such resolution, and the Speaker shall inform His Majesty of such extension.
 
 

VIOLATIONS OF UNITED NATIONS INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

Nepal has ratified various international human rights instruments relating to civil and political rights; economic, social and cultural rights; torture; women; children; racial discrimination etc. Among them, the International Covenant on Civil and Political Rights (ICCPR) is one of the most important internationally binding treaty which Nepal ratified in 1991. Such international treaties and agreements become the supreme law of the land under article 9 of the 1991 Nepal Treaty Act, and all the domestic laws become automatically void to the extent that they contradict.

The Bill contradicts the following provisions of the ICCPR:

Article 4. No derogation can be made from articles 6 (right to life); 7 (right against torture or cruel, inhuman or degrading treatment or punishment); 8(1) and (2) (slavery and servitude); 11 (imprisonment on the ground of inability to fulfill a contractual obligation); 15 (right against the use of retrospective law and punishment); 16 (right to recognition as a person) and 18 (freedom of thought, conscience and religion) even in time of public emergency.

Article 14. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in suit a law everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parites so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or to legal assistance of his own choosing; to be informed, if he does not have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in courts;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedures shall be such as will take account of their age and desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and subsequently his conviction has been reversed or he has been pardoned on the ground that a newly discovered facts shows conclusively that there has been miscarriage of justice, the person who has suffered punishment as result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

WHAT CAN BE DONE?

We are very concerned about the Bill which is very likely to be approved by the forthcoming Winter Session of the Parliament. Once it becomes a law, most of the fundamental rights of the Nepali people as guaranteed under the Constitution and the Civil Rights Act as well as various international human rights treaties will be seriously undermined and violated. The jurisdiction of the courts will be heavily reduced and jeopardized. Existing legal and judicial remedies will be less effective than ever before. The abuse of power by the local administration, the CDO, and the police will lead to total anarchism.

Therefore, INHURED International would like to request the Nepali as well as the international community to seriously take up this matter of human rights concern and urge further the government of Nepal, the Members of Parliament and the political parties not to introduce and/or approve this Bill in violation of Nepal's existing constitutional and legal guarantees and international human rights treaty provisions. With regards to the on-going Peoples' War of the Communist Party of Nepal (Maoist), the international community should urge the both sides, the government and the Maoists, to come into a peaceful solution of the existing social, economic and political problems. It should also urge them to ensure full respect to all the domestic and international norms and standards relating to human rights violations, particularly those applicable in the situation of internal armed conflicts such as Common Articles 3 to the Geneva Conventions of 1949 which Nepal has ratified in 1964. In this regard, the involvement of the UN High Commissioner for Human Rights will have major impact since Nepal has been under the technical assistance programme of the UNHCHR in the field of human rights. Similar concerns can be expressed by other international organizations both inter-governmental and non-governmental, including the world parliamentarians and their forums.