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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.
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.
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.
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.
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.
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.
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.
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.
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.