Article 249: Functions, duties, and powers of the National Human Rights Commission

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1) It shall be the duty of the National Human Rights Commission to respect, protect, and promote human rights and ensure effective enforcement thereof.

2) For the accomplishment of the duty mentioned in clause (1), the National Human Rights Commission shall perform the following functions:

(a) To inquire, on its own initiative or on petition or complaint presented in or sent to the Commission by a victim or any person on his or her behalf or on information received by the Commission from any source, into and investigate complaints of violations of human rights of an individual or group or abetment thereof, and make recommendations for action against the perpetrators,

(b) If any official who has the responsibility or duty to prevent violations of human rights fails to fulfill or perform his or her responsibility or duty, or shows reluctance in the performance of his or her responsibility or duty, to make a recommendation to the concerned authority to take departmental action against such official,

(c) Fulfillment if it is required to institute a case against any person or organization who has violated human rights, to make a recommendation to file a case in the court in accordance with the law;

(d) To coordinate and collaborate with the civil society in order to enhance awareness of human rights,

(e) To make a recommendation, accompanied by the reasons and grounds, to the concerned body for taking departmental action against and imposing punishment on those who have violated human rights,

(f) To carry out periodic reviews of the relevant laws relating to human rights and make recommendations to the Government of Nepal for necessary improvements in and amendments to such laws,

(g) if Nepal has to become a party to any international treaty or agreement on human rights, to make recommendation, accompanied by the reasons therefor, to the Government of Nepal; and monitor whether any such treaty or agreement to which Nepal is already a party has been implemented, and if it is found not to have been implemented, to make recommendation to the Government of Nepal for its implementation,

(h) to publish, in accordance with law, the names of the officials, persons, or bodies who have failed to observe or implement any recommendations or directives made or given by the National Human Rights Commission in relation to the violations of human rights, and record them as violators of human rights.

3) In discharging its functions or performing its duties, the National Human Rights Commission may exercise the following powers:

(a) To exercise all such powers as of a court in respect of the summoning and enforcing the attendance of any person before the Commission and seeking and recording his or her information or statements or depositions, examining evidence and producing exhibits and proofs,

(b) On receipt of information by the Commission in any manner that a serious violation of human rights has already been committed or is going to be committed, to search any person or his or her residence or office, enter such residence or office without notice, and, in the course of making such search, take possession of any document, evidence or proof related with the violation of human rights,

(c) In the event of necessity to take action immediately on receipt of information that the human rights of any person are being violated, to enter any government office or any other place without notice and rescue such person,

(d) To order the provision of compensation in accordance with law to any person who is a victim of the violations of human rights;

4) The National Human Rights Commission may so delegate any of its functions, duties, and powers to the Chairperson of the Commission, any of its Members, or a government employee as to be exercised and complied with, subject to the specified conditions.

5) Other functions, duties, and powers and rules of procedure of the National Human Rights Commission shall be as provided for in the Federal law.

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