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Reports Archives - Bipin Adhikari

Reports Archives


Legislation Drafting and Oversight Function of Nepalese Parliament A Process Review
(Kathmandu: Nepal Constitution Foundation, 2015)


नेपालको संसदको कानुन निर्माण र सुपरीवेक्षण सम्बन्धी कामकारवाही एक प्रक्रियागत पुनरावलोकन
प्रतिवेदन (Kathmandu: Nepal Constitution Foundation, 2015)


Synopsis of the Review on THE ELECTORAL PROVISION IN THE DRAFT CONSTITUTION (RECOMMENDATIONS) (Kathmandu: Mero Nepal, 2015)



छलफलका लागि तयार गरेको संविधानसभा नियमावली २०७०



Community Mediation Policy Brief
(Authors: Dr Bipin Adhikari and Danielle Stein) Summary in English.
(Kathmandu: ESP, UK aid, December 2013)
http://www.edgroup.com.au/wp-content/uploads/2014/03/ESP-CM-Policy-Brief-Final.pdf 



न्यायक्षेत्र समन्वय समितिको प्रभावकारिताको लागि गरिएको अध्ययन प्रतिवेदन, २०७०
[Report on the Study of Effectiveness of the Judicial Sector Coordination Committee, 2013]
Rule of Law and Human Right Strengthening Project
(Kathmandu: Supreme Court & United Nations Development, December 2013/2070) 



नेपालको संविधान (मस्यौदा) [Constitution of Nepal (Draft)]
(Kathmandu: Nepal Law Society & International IDEA, June 2013) 



तत्कालीन संविधानसभाको कार्यकालमा सहमति भएका र सहमति
हुन नसकेका संविधानका विषयवस्तुहरुको संक्षिप्त विवरण

(Kathmandu: Nepal Law Society, March 1, 2013) 



Early Appraisal Report: Peace, Human Rights and Democratic Governance Programme in Nepal 2014-2018
(Kathmandu: Ministry of Foreign Affairs of Denmark Technical Advisory Services, May 2013) 



Towards Kathmandu University School of Law: A Preliminary Feasibility Study, November 2012

(Kathmandu: Nepal Constitution Foundation, 2012) 



विद्यमान संवैधानिक अवरोध समाधानका विकल्प सम्बन्धी विशेषज्ञ अध्ययन प्रतिवेदन
(Expert Study Report on Alternative Way Out for Resolution of Existing Constitutional Impasse
)
(Kathmandu: Nepal Law Society, 2012) 



Article on "Cultural and language rights"
in Mark Tushnet, Thomas Fleiner & Cheryl Saunders (ed)
Routledge Handbook of Constitutional Law
(Routledge, 2012)


Access to Security, Justice & Rule of Law in Nepal
Training and Orientation Needs Assessment of the Nepali Judiciary on Human Rights and Social Justice
The finding of the assessment is that judicial personnel of all types irrespective of their age, status, educational background, experience and location, need and desire training/orientation on human rights. While all levels of training/orientations are required, the participants must be
given the opportunity to select the level they need. Most of the respondents have some background for the initiatives to be undertaken. It is advisable to start all training with some refresher orientation on concept of human rights and social justice, related international instruments, Nepal's obligations, and the situation of domestication and enforcement.
(Lalitpur: National Judicial Academy, January 2011)


Access to Security, Justice & Rule of Law in Nepal
Support to Participatory Constitution Building in Nepal Project (SPCBN): Stakeholder Consultation Report
Three strategic priorities recommended by the report are a) continue on facilitating transition through open dialogue and resolving contentious issues; b) keep continuous focus on inclusion and right of the marginalized including Dalits, indigenous peoples, Madhesis, women, Muslims and others; and c) prepare a back-up plan for in case the constitution could not come out on the proposed time.
(Kathmandu: Enabling State Programme & United Nations Development Programme, December 2011)


Access to Security, Justice & Rule of Law in Nepal
Access to Security, Justice & Rule of Law in Nepal: An Assessment Report
The Assessment was carried out by six consultants engaged by GRM International Ltd., the managing agency of the Enabling State Programme on behalf of DFID. Dr. Bipin Adhikari's contribution was on 'Legislative Framework, Oversight and Accountability' (Kathmandu: UKaid, UN Resident and Humanitarian Coordination Office on behalf of the United Nations Country Team (UNCT) and DanidaHUGOU, October 2011)


Access to Security, Justice & Rule of Law in Nepal
Assessment of Impact of Legal Aid in Nepal: A Study Report
(Kathmandu: Supreme Court, UNDP Nepal/Enhancing Access to Justice for Consolidation Peace in Nepal Project (A2J), October 2012)


Access to Security, Justice & Rule of Law in Nepal
Nepal: Development Planning in a Federal Context
The study was carried out by six consultants engaged by Infrastructure Professionals Enterprise Private Limited (IPE) & Full Bright Consultancy Nepal (under the technical assistance of ADB to National Planning Commission) (Infrastructure Professionals Enterprise Private Limited (IPE)& Full Bright Consultancy Nepal (Kathmandu, August, 2011))

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FROM THE EXECUTIVE SUMMARY OF THE REPORT: This report analyzes the current planning system in Nepal, and the prospective planning system under a federal system of government, on the basis of international experience and consultations in Nepal. Planning is seen in terms of 4 inter-related constituent elements; policy,1 detailed planning and implementation, resource allocation and monitoring & evaluation. Analysis and recommendations are provided with respect to a) functions and b) institutions, for each of the 4 constituent elements. Options are assessed where considered relevant, and risk assessment provided for recommendations. Hide Description


Access to Security, Justice & Rule of Law in Nepal
Report on Human Rights Developments in Timor-Leste: August 2006 - August 2007
Human Rights and Transitional Justice Section
United Nations Integrated Mission in Timor-Leste, 2007

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FROM THE EXECUTIVE SUMMARY OF THE REPORT: Since August 2006, important progress on the human rights situation in Timor-Leste has been achieved. With the assistance of police of the United Nations Integrated Mission in Timor-Leste (UNMIT) and the international security forces (ISF), the security situation has largely been brought under control, although occasional spikes of violence still occur as was the case in August 2007. In three peaceful election rounds widely regarded as free and fair, the Timorese chose a new president and new parliament. The Timor-Leste Office of the Provedor for Human Rights and Justice (PDHJ) expanded its monitoring and investigative activities, and several national prosecutors, judges and public defenders were sworn in, thus enhancing the capacity of the judiciary. In accordance with the recommendations of the United Nations Independent Special Commission of Inquiry for Timor-Leste (CoI), judicial processes were initiated against former members of the Government of Timor-Leste and national military and police involved in the 2006 crisis. UNMIT re-established the Serious Crimes Investigation Team to investigate outstanding cases of serious human rights violations committed in 1999. The first IDPs have moved from crowded camps to transitional shelters and the districts. In the meantime, the Government submitted its first treaty report on the Convention of the Rights of the Child (CRC) and is finalizing its first report on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). President Jose Ramos-Horta and government officials have re-affirmed Timor-Leste's commitment to human rights and democratic governance.

In spite of these significant developments, however, important human rights challenges remain. The alarmingly high number of internally displaced persons who still live in makeshift camps and the absence of progress towards durable solutions are of concern. Gender-based violence is common and a draft domestic violence law has been pending for several years. The Human Rights and Transitional Justice Section (HRTJS) has found that violations of human rights by state actors still occur and that there is an urgent need to strengthen internal accountability mechanisms, such as the national police's Ethics and Discipline Office (EDO). Effective access to justice is constrained as the judicial system remains weak, particularly in the districts. A considerable backlog of pending cases further hampers the work of the courts, impacting negatively on the right of victims to legal remedy. No legal mechanisms are in place to address property disputes, such as a law on land and property rights, which is also a serious obstacle to resolving internal displacement. Serious cases of political bias compromising the impartiality of the police force were noted. There were initiatives for the adoption of amnesty legislation in relation to crimes committed during the period April 2006 to April 2007 including the 2006 crisis, which risked fostering impunity. Meanwhile, no progress has been made on implementing the recommendations of the 2005 report of the Commission of Reception, Truth and Reconciliation (CAVR) on human rights violations between 1974 and 1999, whereas the Commission on Truth and Friendship between Timor-Leste and Indonesia continued functioning on the basis of terms of reference which provide for the possibility of recommending amnesties that are incompatible with international law.

The 4th Constitutional Government of Timor-Leste was inaugurated on 8 August 2007. The tasks lying ahead of it are formidable. With the active support of the international community, Timor-Leste is slowly but steadily progressing beyond the political and security crisis of April/May 2006, though considerable effort is required to address the underlying causes of the crisis and to ameliorate the consequences thereof. Much remains to be done to fully achieve institutional stability and responsibility, and to regain public confidence in state institutions. The recent violent reactions to the formation of the new government, involving the burning of around 300 homes in the eastern districts as well as attacks on government, UN and church property, should serve as a stark reminder of the fragility of the situation and the challenge of building a culture of democracy and the rule of law in a young, developing country that went through several traumatic episodes of violence. The ultimate aim of the country's leaders and the Timorese people of a peaceful and prosperous democracy demands further progress, in particular in combating poverty, in reforming the security sector and in strengthening respect for the rule of law. The facts, the analysis and the recommendations contained in this report are aimed to assist all those involved in promoting human rights and justice in the country. Hide Description


Access to Security, Justice & Rule of Law in Nepal
Internal Annual Report 2007 – Timor Leste
UNMIT Human Rights and Transitional Justice Section (HRTJS)
United Nations Integrated Mission in Timor-Leste, 2007
( Timor-Leste gradually consolidated efforts to recover from and address the consequences of the
political, security and humanitarian crisis which had erupted in April/May 2006. However, some
of the underlying causes remained unresolved, serious political divisions persisted and the
security situation remained fragile).


Access to Security, Justice & Rule of Law in Nepal
HUMAN RIGHTS IN NEPAL: A Status Report 2003
(Lalitpur: National Human Rights Commission, September 2003)
(http://asiafoundation.org/resources/pdfs/nepalhumanrights03.pdf )



अन्तर्राष्ट्रिय वित्तीय सेवा केन्द्र सम्बन्धी केही समसामयिक जानकारी (Kathmandu, 1996)



Nepalese Women Towards a Sustainable Society: Challenges and Future Direction
NGO Country Report submitted to the United Nations Fourth World Conference
on Women & Development (September 4-15, 1995), Beijing, China
(Kathmandu: Women in Environment, 1995)

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FROM THE PREFACE OF THE REPORT: It is a pleasure for all women in the world that the Fourth World Conference on Women: Action for Equality, Development and Peace is being held in Beijing on 4-15 September 1995. The Conference is being convened by the United Nations General Assembly, with the United Nations Commission on the Status of Women serving as the Preparatory Committee. It is aimed to review and appraise the advancement of women since 1985 in terms of the objectives of the Nairobi Forward Looking Strategies for the Advancement of Women to the Year 2000, and to mobilize women and men at both the policy-making and grassroots level to achieve those objectives. The conference will adopt a "Platform for Action" concentrating on the key issues identified as representing fundamental obstacles to the advancement of the majority of women in the world. It will also determine the priorities to be followed in 1996-2001 for implementation of the strategies within the United Nations system.

As many other recent conferences organized by the United Nations, this Conference also stands as a watershed event for non-governmental organizations. The United Nations conference on Environment and Development (UNCED) - also known as the Earth Summit - has in particular been encouraging to us. UNCED legitimized NCOs as vital players in the environment and development dialogue and marked a turning point in their efforts to become part of international policy-making. Many NGOs felf that their decades of hard work had finally paid off at UNCED, that an international NGO "movement" had finally been recognized, and that NGOs had landed squarely on the political playing field. We take this Fourth World Conference with the same spirit. There are four main policy strategies of the process towards Beijing:

1. Highlight the experience and ability to formulate proposals with the region's non-governmental organizations (NGOs) and women's movements. This coordination must take place on the national, sub-regional and international levels, as well as at the level of government and civil society.

2. Use our proposals to influence the World Action Plan that will be approved at the Beijing Conference.

3. Develop within civil society appropriate mechanisms to increase the ability to monitor and control the efforts undertaken by the governments of our region to implement the measures approved in World Action plan.

4. Convert language, mechanisms and instruments favourable to women that derive from the World Action Plan into tools that women may use within society to advance the ability of women's movements to influence our people's destiny towards the 21st century.

His Majesty's Government of Nepal has required the National Planning Commission (NPC/Nepal) to prepare a national report to be submitted to the World Conference on Women in Beijing. The Nepalese Government draft report has in facet already been disseminated for public perusal. We agree with the draft report, but we need to specify many more issues that are either untouched by the National Planning Commission or are inadequately dealt with. What we would like to emphasize is that His Majesty's Government of Nepal does not yet have a national agenda that gives rural women and sustainability its due, and our political leaders look ahead only as far as the next election. This is a myopic view that we will channel our efforts to correct.

This report is our independent review and appraisal at national level of the present status of women, a review of international support received, whether through technical cooperation and assistance or in some other way, and, an outline of future strategic goals and objectives, as our NGO Coalition Group has itself observed. Our Coalition Group strongly argues that this nation needs an agenda to create a solid frame of reference regarding rural women. Hide Description



Fourth Session of Parliament: Report and Performance Evaluation
(Kathmandu: Society for Constitutional and Parliamentary Excercises (SCOPE), 1993)



Analysis of Need Assessment Questionnaire for Parliamentarians
(Kathmandu: Society for Constitutional and Parliamentary Excercises (SCOPE, May 1993)

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