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Please - Odhikar

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ecourses, a strong commitment of the government and political and bureaucratic will, practices<br />

often fail to follow the domestic legislation. Section 9 of Nepal's Treaty Act, gives precedence to<br />

provisions of international treaties ratified by Nepal over domestic laws, Nepalese law fails to<br />

cover many provisions laid out in the constitution and international instruments ratified by<br />

Nepal.<br />

The Constitution of Nepal has emphasized to guarantee the basic human rights to every citizen<br />

as the preamble of the Constitution reads " AND WHEREAS, it is expedient to promulgate and<br />

enforce this Constitution, made with the widest possible participation of the Nepalese people, to<br />

guarantee basic human rights to every citizen of Nepal". By virtue of this constitutional<br />

guarantee, twenty-three numbers of different groups, associations and forums related to human<br />

rights are registered. One of their objectives relates to watch whether an accused or a person<br />

suspected for crimes is ill-treated or they are deprived of exercising the fundamental rights,<br />

prescribed by the constitutional provisions. They are found standing for the betterment of the<br />

accused as well as the convicted criminals.<br />

From left to right: Shahed Zia from Pakistan, Subodh Pyakurel from Nepal, Buddhadev Chowdhury from India,<br />

Saeed-ur Rehman from Pakistan and Rukshan Fernando from Sri Lanka<br />

The situation of crime victims in Nepal seems deplorable and pathetic to an inexplicable extent,<br />

despite constitutional guarantees and legal provisions for the protection of human rights of the<br />

vulnerable. As such, the country's justice system is in dire need of improvement through<br />

necessary changes in legislature. But this would not be possible unless the legislation is<br />

amended to help the enactment of the "Victim and Witness Protection Act" with incorporation of<br />

the victim-focused justice components and establishment of the "Camera Court". Our society,<br />

though more dynamic than ever before, is not proactive in respect of fighting out social evils.<br />

The victim justice system would not improve without a change in social attitude towards the<br />

Report 2005<br />

75

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