(1)It shall be the duty of the National Human Rights Commission to ensure the respect, protection and promotion of human rights and their effective implementation.
(2)In order to perform the duty pursuant to Clause (1), the National Human Rights Commission may carry out the following functions:-
- (a)
conduct inquiries into, and investigations of, and recommendation for action against the perpetrator of, instances of violation or abetment of violation the human rights of any person or a group of persons, upon a petition or complaint presented to the Commission by the victim herself/himself or any person on her/his behalf or upon information received from any sources, or on its own initiative,
- (b)
forward a recommendation to the authority concerned to take departmental action against any authority that has the duty of responsibility to prevent violations of human rights, if it failed to perform such duty or responsibility or showed recklessness or lack of interest in performing that duty,
- (c)
make recommendations if necessary, to lodge a petition in the court, in accordance with the law, against a person or institution that has violated human rights,
- (d)
work jointly and in a coordinated manner with civil society to enhance awareness of human rights,
- (e)
forward a recommendation to the relevant authority for taking departmental action against or imposing punishment on the violators of human rights, giving clear reasons and basis therefor,
- (f)
review existing laws relating to human rights on a periodic basis and to recommend to the Government of Nepal necessary reforms and amendment thereto,
- (g)
recommend with reasons to the Government of Nepal that it become a party to any international treaties and agreements on human rights, if it is desirable to do so, and to monitor the implementation of the international treaties and agreements on human rights to which Nepal is a party and if found not to be implemented, forward recommendations to the Government of Nepal for effective implementation of such agreements,
- (h)
Publicize the names of any official, person or bodies not following or implementing the recommendations and directions of the National Human Rights Commission regarding the violations of human rights in accordance with law, and to record them as human rights violators.
(3)The National Human Rights Commission in performing its functions and duties, may exercise the following powers:-
- (a)
exercise same powers as the court in requiring any person to appear before the Commission for recording their statement and information or examining them, receiving and examining evidence, and ordering the production of any physical proof,
- (b)
in case the Commission has received the information from any source that a serious incident of violation of human rights has occurred or is likely to occur, it may enter a person’s residence or office, conduct a search and seize any documents and evidence relating to human rights violations therein,
- (c)
enter any government premises or other places, without prior notice, in case the Commission has received information that violation of human rights of a person is occurring thereon and immediate action is required, to provide rescue,
- (d)
order compensation for the victims of human rights violations in accordance with law,
(4)The National Human Rights Commission may delegate any of its functions, duties and powers to the Chairperson, any member or any employee of the Government of Nepal to be exercised and followed in compliance with the conditions specified
(5)Other functions, duties and powers and procedural of the National Human Rights Commission shall be as specified by Federal law.