Structure, function and objectives of
the Nepal Bar Association
The Nepal Bar Association was established in 1962 as a professional
organization representating all Nepali lawyers. Later on
the NEBA was run according to a constitution approved by
the His Majesty's Government of Nepal. Local Bar Unit can
be opened in every court and a law practitioner can be the
member of the Bar Unit of the Court where he/she is practising.
Such membership of any Bar Unit is automatically entitled
as a membership of the Nepal Bar Association.
Election of the Bar Units is held every year. But the
central executive committee is elected for three years.
Election for both the local Bar Units and the central
executive committee are held on the basis of one-man-one-vote
and the secret ballot. National convention is the supreme
body of the NEBA which is held in every three years. Local
Bar Units have to organize convention every year.
At present, NEBA has 52 units and about 2,500 general
members. Its central office is in the Supreme Court building.
- Function and objectives
NEBA fully believes in the democratic patterns and practices
of functioning. It is dedicated to the professional
development and integrity of all lawyers on the one
hand and firmly championing for the rule of law and
the human rights. In this regard, NEBA highly values
the promotion of international relations and solidarity.
So far, NEBA is a member of the International Bar Association
and the Law Asia and it has a close relationship with
the Norwegian Bar Association. Main objectives of the
NEBA are as follows:
- To make the legal profession more capable, competent,
ideal and beneficial to people to contribute in
the judicial administration substantially.
- To protect and promote the professional interests
of the lawyers.
- To enhance the unity, mutual understanding and
goodwill among the lawyers.
The Legal Project
Pursuant to its objectives, the NEBA has been carrying out
various activities for the protection of people's rights
and promotion of the legal profession. The Legal Aid Project
is one the major undertakings among them,
2.1 Initiation and Materialization
NEBA has been trying to institutionalize the work of providing
free legal assistance to the indigent, poor and disadvantaged
people since a long time. Finally, it became possible
as the NEBA and the Norwegian Bar Association (NBA) agreed
to enter into a cooperation agreement in November, 1987.
Consequently, the project work was commenced from January
1988 with the grant assistance of the NBA. The agreement
was signed for five years and it may be extended by mutual
agreement.
2.2 Organization of the Project
There is a central project office in Kathmandu with eight
staffs including a full-time director, who is himself
a lawyer. A Panel of Lawyers consisting of 60 lawyers
has been entrusted to handle the cases accepted by the
project central office. There will be also an especial
women-wing in the near future.
The project has already five branch offices
out-side Kathmandu valley and additional three branches
are going to be opened in near future. All these branches
are handled by a full-time legal officer with the cooperation
of other two staffs.
Though the Legal Aid Project is ultimately
guided and controlled by the NEBA, two committees, i.e.
the Legal Aid Committee and the Action Committee are entrusted
for smooth running of the Project.
The Legal Aid Committee is responsible to
look after the actions of the Project.
Periodical reports, including the audited
report of expenditure, are sent to the NBA and it moniters
is independent to implement the project schemes making
necessary decisions.
2.3 Objectives
- To provide court-oriented legal aid to the indigent
poor and disadvantaged people, and
- To launch a strategic legal aid campaign through
legal literacy programme to arouse people's consciousness
about their rights.
2.4 Schemes
Various schemes, as stated below, are formulated to achieve
the aforesaid objectives.
- Preparation of necessary petitions and application
and representation in courts, tribunals and other quasi-judicial
bodies on behalf of the indigent and poor persons.
- Collection of information about the women prisoners
to provide them free legal assistance and representation
of all indigent women by Warish (Designated person to
appear in courts at a given them) in courts.
- Providing direct fiancial help to indigent women
to meet expenses like court fees, transpiration and
similar essential expenses.
- Settlement of dispute through conciliation and/or
compromise.
- Training to the persons responsible for alternate
dispute resolution or devloping para-legal manpower.
- Rehabilitation of indigent litigant.
- Legal Literacy, including special legal literacy for
women, through campaign, publication, lectures and direct
approach.
- National seminars/workers for the lawyers involved
in the legal aid and legal literacy schemes.
- Publication of the Bar Journal.