A/HRC/4/33/Add.2
Page 85
462.
Recommendation (l) stated: The declaration be made with respect to article 22 of
the Convention against Torture recognizing the competence of the Committee against
Torture to receive and consider communications from individuals who claim to be victims
of a violation of the provisions of the Convention;
463.
According to information received from NGOs and other sources, there is no
information with respect to steps by the Government to take any actions to make a declaration
with respect to article 22 of the Convention against Torture.
464.
Recommendation (m) stated: The Optional Protocol to the Convention against
Torture be ratified and a truly independent monitoring mechanism established to visit all
places where persons are deprived of their liberty throughout the country;
465.
According to information received from NGOs and other sources, there is no
information with respect to steps by the Government to take any actions to ratify the Optional
Protocol to the Convention against Torture.
466.
Recommendation (n) stated: The appointments to the National Human Rights
Commission, in the absence of Parliament, be undertaken through a transparent and
broadly consultative process;
467.
According to information received from NGOs and other sources, following the
ceasefires and considerable public pressure, the Commissioners of the National Human Rights
Commission (NHRC), who had been appointed by the then Royal Government, resigned in July
2006. However, the work of the NHRC, already undermined by the manner in which the
previous commissioners were appointed, has been hampered by long delays in appointing new
commissioners. Commissioners should not be appointed on the basis of political party
affiliation, which would undermine the independence and non-partisanship of the Commission,
and that the appointments should reflect the balance of gender and ethnic diversity in Nepali
society. In December 2006, the Government named a Chairperson and new commissioners but
there was widespread criticism of the lack of consultation in the selection process and as of the
beginning of 2007, the appointments had not been approved by the Council of Ministers.
468.
Recommendation (o) stated: The Rome Statute of the International Criminal Court
be ratified;
469.
According to information received from NGOs and other sources, on 25 July 2006, the
House of Representatives adopted a resolution directing the Government of Nepal to ratify the
Rome Statute. In August 2006, Foreign Minister and Deputy Prime Minister Oli assured the
House of Representatives that the Government will ratify the Rome Statute as soon as possible.
On 14 December 2006, a task force established by the Council of Ministers the previous month
to examine the House of Representatives’ July 2006 resolution directing the Government to
ratify the Rome Statute, submitted its report to the Minister of Foreign Affairs. According to a
Ministry of Foreign Affairs press release, the report describes the steps necessary for Nepal to
take in order to ratify the Rome Statute and the process of implementation following ratification.
470.
Since then, the Ministry of Foreign Affairs has stated that a task force comprised of
representatives of various ministries is examining the matter and as of 30 November was due to
finalize a report shortly for presentation to the Prime Minister.
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