UNDP has made important contributions to rule of law, access to justice and human rights in Nepal during 2001-2010 via the outputs of its various Rule of Law, Access to Justice and Human Rights Projects as well as a number of other in-kind contributions made directly by the CO.
As a result of UNDP support, the Supreme Court and district courts are better capacitated to perform their adjudicatory and management functions. This has impacted favourably upon overall statistics for rates of adjudication and backlog according to the Court’s own data. At the same time, however, thousands of cases have been summarily removed without hearing from the rolls by successive governments, which does not comport with due process and may skew backlog statistics provided by the Court. The quality of judicial opinion writing has improved and there is a greater incidence of citation to international human rights treaties as a result of UNDP capacity building and training of the Nepalese Judiciary.
UNDP support has clearly advanced the Outcome “Responsive and accessible justice systems to promote gender equality, social inclusion and the rule of law, including formal and informal processes” in a number of ways during 2001-2010 and laid a foundation for future work in rule of law, access to justice and human rights in Nepal.
Nepal has been working towards peace since the signing of a Comprehensive Peace Agreement (CPA) in November 2006 by the Government of Nepal and the Communist Party of Nepal, Maoists (CPN/M). This historic agreement ended a ten-year armed conflict that killed approximately 13,000 people, brought about a major set back in the development process, and most importantly, weakened social cohesion in communities across Nepal—especially its poorest rural areas and the Terai region.
The Interim Constitution of Nepal (ICN) 2007 also recognizes the importance of human rights, with devoted to Fundamental Rights. Such rights include rights of freedom and equality, rights against untouchability and racial discrimination, freedom of the press, rights to a clean environment and health, education and cultural rights, rights to employment and property,property rights, rights of women and children, rights against unlawful detention and torture, right to privacy and other rights. Free legal aid and the right to constitutional remedy, are recognized as fundamental rights. The ICN has upgraded the NHRC as a constitutional body to ensure the respect, protection and promotion of human rights and their effective enforcement. The ICN calls for an independent Judiciary to exercise judicial powers.
#UNDP #2010 #RIGHTS
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Publisher:
UNDP
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(2010
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Type / Script:
Annual Report
in English
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Keywords:
RULE OF LAW, HUMAN RIGHTS, CONFLICT, SOCIAL JUSTICE, POVERTY, PEACE, GENDER EQUALITY, RACIAL DISCRIMINATION, FREEDOM, JUDICIAL POWER, COURTS, CIVIL SOCIETY, EMPOWERMENT, FEDERALISM, CLIMATE CHANGE, CIVIL LAW, INDIGENOUS PEOPLES, JUDICIAL INDEPENDENCE, JUDICIAL SYSTEM, DALITS
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Thematic Group: UNDP
:
Social and Institutional Developoment
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Thesaurus:
01.07.00
- General And National Law
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Reference Link:
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