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Departure of OHCHR-Nepal Addressing the gaps

Departure of OHCHR-Nepal Addressing the gaps. Kathmandu, 16 January 2012. Main areas where gaps need to be considered :. Monitoring and investigations Impunity and transitional justice Legal advice and compliance with international law

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Departure of OHCHR-Nepal Addressing the gaps

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  1. Departure of OHCHR-NepalAddressing the gaps Kathmandu, 16 January 2012

  2. Main areas where gaps need to be considered: • Monitoring and investigations • Impunity and transitional justice • Legal advice and compliance with international law • Discrimination and economic, social and cultural rights • NHRIs and civil society / HRDs • Protection during humanitarian emergencies

  3. Monitoring • Monitoring during protests and demonstrations • Likely in the future in the context of Federal restructuring, etc. • Accurate, factual reporting • Countrywide monitoring and reporting • During critical situations • Challenging monitoring situations • Treatment of Tibetan demonstrators • Big challenge for NHRC and human rights NGOs • Issues related to their security and with impartiality / credibility

  4. Impunity and transitional justice • Advocacy against impunity • Conflict and post-conflict cases (including emblematic cases such as Maina Sunuwar) • On-going cases of extra-judicial executions in the Terai • Transitional justice • Advocacy for mechanisms consistent with international law • Technical support to the future commissions (including witness protection) • Support to victims groups • Reparations policy • Vetting of Police and army personnel • Providing space for civil society to engage in impunity issues

  5. Legal advocacy • Legal analysis and advice on key human rights issues pertaining to the Constitution • Analysis of law from a human rights perspective • New criminal code; other laws • Improving compliance with international human rights law framework and mechanisms • Includes reporting to treaty bodies (CERD, CEDAW, etc.) • Advocacy on ratification of OPCAT, OPESCR, ICC Statute. • Universal Periodic Review process • Advocacy on implementation of commitments during the four year cycle

  6. Discrimination and economic, social and cultural rights • Supporting access to justice for marginalized groups (e.g. Dalits, Haliyas, Kamlaris) • emphasis on caste- and gender- based discrimination • Technical capacity of key actors on anti-discrimination principles • Police, judiciary, Government officials, NHRIs, etc. • Development and implementation of indicators to monitor the duty of the Government to protect and fulfill ESC rights • Building and supporting local civil society networks

  7. NHRIs and civil society • Strengthening capacity of NHRIs, HRDs and civil society organisations • OHCHR role in SC-NHRC programme • Engagement with NHRIs and HRDs at regional / grassroots level • Protection of HRDs • Particularly in the Terai and in relation to women HRDs • Providing space for NHRIs and HRDs to operate Humanitarian emergencies • Protection of vulnerable groups during earthquakes, floods, etc. • Leading the protection cluster; at grassroots level

  8. Filling the gaps • Other UN agencies • e.g. UNDP Rule of Law programme • UNHCR as protection cluster lead • NHRC • Issues related to capacity, resources and implementation of recommendations • Need regular on-going engagement by international community • Civil society • International community • Compliance with the UPR • EU Working Group on HRDs

  9. Possibilities for continued OHCHR role • Follow-on presence • Possibilities for a stand-alone office? • Continued protection cluster role? • OHCHR role in relation to the UNDAF • OHCHR expertise in coordination with UN partners • Programmes implemented from Geneva • Continued OHCHR Geneva engagement • Discrimination and transitional justice expertise • Enhanced engagement of special procedures

  10. Thank you

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