- Annual Conferences
NEBA's Annual Conference was held in Inarwa of Eastern Nepal for
two days (8th & 9th December 2000). and in Bhaktapur on 10th
to 11th June 2000. National Convention of Women Lawyers, which
discusses on issues relating to women, have been convened by NEBA
every year. Till now, it has approved several resolutions in regard
to gender sensitization of legal environment, domestic violence
against women, enforcement of right to equality and promotion
of women lawyers in Nepal.
- Seminar Programs in recent years:
A number of seminar were conducted by NEBA, which are as follows:
- National convention of member lawyers once in three years.
- Annual General Meeting of NEBA.
- Executive Council Meeting once in every six months.
- Legal Aid Seminar every year.
- Journal or Newsletter:
Since longtime ago, NEBA has been publishing Bar Journal "Nayayadoot"
under the technical assistance of Legal Aid Project of NEBA funded
by NORAD through Norwegian Bar Association.
Resolution on Human Rights, Rule of Law and Independence of
Judiciary
Adopted by the General Assembly of Nepal Bar Association
4
June 2005 Kathmandu
-
The
Constitution of the Kingdom of Nepal 1990, an outcome of the
popular movement, has recognized people as the state power and
has explicitly said the sovereign authority of the state Nepal
is inherent in the people and provisioned to exercise of the
constitution according to the norms and spirit of the master
document. Despite the provision to rule the state only by the
people’s representatives, the king has retained the executive
power sacking the people’s fundamental rights through a royal
proclamation on 1 February 2005. This is the extreme violation
of the constitutional provision. In the present situation the
upper house is made defunct and due to the ongoing-armed
insurgency has been a hurdle to hold election. In such
situation, the assembly urges to reinstate the dissolved the
house of representatives immediately to ensure the people’s
right to choose accountable government and facilitate the
parliamentary activities.
-
The
assembly condemns the royal move and univocally agrees
government formed under the chairmanship of the king is
against the constitution, which has limited the power of the
king and has defined the rights and duties of the king
including constitutional bodies and officials. The assembly
strongly demands to dissolve the government.
-
The
assembly discards the royal commission, which is by no means
constitutional, against the principle of natural law and is
full of prejudice. The assembly urges to repeal it and
considers starting a movement against corruption based on the
rule of law and constitutionalism to control corruption in
effective way.
-
The
assembly strongly condemns the appointment of the zonal,
regional administrators appointed through ordinance, as it is
unconstitutional. The assembly also opposes the rule of
ordinance that is beyond the rule of law, constitutionalism
and against the law making system from people elected
representatives.
-
The
exercise of Article 127 of the constitution is in no
circumstance to repel other provisions of constitution nor to
enforce such provisions that are not stated in the
constitution. Its exercise is constitutional only on such
condition when the decisions made under its provision is
endorsed by the House of Representatives. Therefore, this
assembly strongly condemns the arbitrary exercise of this
article.
-
The
assembly concludes that amending the law enacted by the
parliament through an ordinance in order to intervene civil
service is arbitrary and against the rule of law. Condemning
the feudal mentality of state governors that believes the
relationship of the civil servants is as master and servant,
the assembly condemns the government activities to terrorize
the service holders by violating the right to form unions and
professional associations of workers through an
unconstitutional amendment of the Civil Service Act.
-
The
assembly reaffirms that media is the best medium to transfer
democratic activities to the general public, and condemns the
arbitrary restriction on media. The assembly expresses its
solidarity to the movement against suppressive acts against
media. The assembly concludes that proposed ordinance which is
to conceal the arbitrary acts of the government and to
restrict media will have an adverse effect in a large scale.
-
The
assembly urgently urges for the release of advocate Navaraj
Subedi, Human Rights Activist Krishna Pahadi and political
leaders including prisoners of conscience at the earliest
without any conditions. The assembly also strongly condemns
contempt of court order promoted by the state by not releasing
the detainees who are unlawfully detained. The assembly
strongly opposes area detention and house arrest that limits
people’s mobility, and urges to end such restrictions.
-
The
assembly denounces the formation of the National Human Rights
Commission through an amendment of the Human Rights Commission
Act.
10.The
assembly appreciates the role of the Supreme Court on habeas
corpus cases in the state of emergency and its decision on
filing the cases even on the violation of non-suspended rights
during the state of emergency. The assembly strongly advocates
for the independence, neutrality and autonomy of the Supreme
Court, ending the increasing tendency of the administration not
allowing public interest litigation cases to the court.
11.The
assembly publicly appeals to act for peace process and
restoration of sustainable peace in the country to concerned
stakeholders viewing that peace talk through peoples elected
body is the only solution to end armed struggle between the
government and the Maoists.
12.The
assembly deeply condemns torture, killings, abduction and
destruction of individual property either on the name of
“peoples’ war” or on the name of ending terrorism, and it urges
the both parties to respect human rights and humanitarian laws.
13.The
assembly is deeply concerned on the threat given by the security
authority and so- called defense committee to the advocates of
Nawalparasi District Bar Unit and human rights defenders time
and again who monitored Nawalparasi and Kapilbastu incident
which was provoked by and happened in the presence of the
ministers of government in a terrorizing manner.
14.Nepal
Bar Association is always committed to human rights, rule of law
and independence of judiciary. On the occasion of its 50th
anniversary, it reaffirms it commitment to rule of law, human
rights, democracy and independence of judiciary in future.
15.We,
the lawyers are social engineers and we cannot remain silent
towards the incidents and developments arising against people,
discussion and conspiracy against rights of the sovereign
people. Therefore, we request all the intellectuals, civil
society organisations, political parties, human rights groups
and all organizations to work for the sustainable solution to
the present crisis.
16.The
assembly urges all the concerned stakeholders to work for the
establishment of inclusive democracy so that women, indigenous,
unprivileged group can participate in all levels of the policy
making activities of the state.
17.Leadership
of the judiciary is acting against the freedom of judiciary
affecting the pride of the judiciary in an increasing manner,
which is no circumstance constitutional. Speech of Chief
Justice, Hari Prasad Sharma in the programme of Law Asia held in
Australia and supporting the unlawful action of the royal
commission to Pyuthan District Judge, Birendra Lal Karna is an
ethical question and an outcome of unconstitutional development
of politics. The assembly therefore, strongly opposes the speech
of the chief justice, which is a setback to the independence of
judiciary.