The NHRC, a quasi-judicial body, which has the mandate to promote and protect human rights, faces the fate of judiciary. The government of Nepal even refuses to acknowledge the reports of NHRC or take appropriate action against the guilty. As the NHRC called for investigation by the United Nations human rights mechanisms in late 2003, the government sought to undermine the NHRC by establishing National Centre for Promotion of Human Rights under the Prime Minister’s Office. NHRC was already crippled by the lack of adequate financial resources. It receives half of the resources provided to Nationa Commision for Dalits and Women's Commission. [4]

This despite that NHRC has consistently maintained impartiality while dealing with abuses by the security forces and the Maoists. At the height of the conflict prior to the cease-fire in January 2003, NHRC investigated human rights violations in 35 districts of Nepal. On 22 October 2002, NHRC apprised then Prime Minister Lokendra Bahadur Chand of human rights violations in the country. The NHRC stated, “There have been many cases of the arrested people disappearing. It has also been found that people are being detained illegally in army barracks. …Barring some exceptions, security forces were found to be withholding details about people killed during security operations - like their identity, post-mortem findings, cremation - and even withholding the news of their death from their families, though the law requires such information to be divulged.” The Commission also alleged that excessive force is used while capturing, arresting and searching for individuals. [5]

On 23 October 2002, the NHRC censured the Maoists and stated, "The rebels have been attacking unarmed citizens, development infrastructure, cultural heritages and health posts. In its seven-point appeal, the NHRC also urged the Maoists to stop using children in war and mines and to follow the Geneva conventions. The NHRC stated that the Maoists have been recruiting children, using mines and selecting targets violating the rules of war. Maoist cadres have also been found indulging in extortion, appropriating people's houses and looting foodstuff and medicines”. The Maoists were found to be extorting teachers and murdering them to disrupt education. [6]

During the third rounds of talks between the Maoists and the government 17 August 2003, the security forces massacred 19 Maoist cadres including two civilians in cold blood at Doramba. The NHRC conducted an on the spot investigation with respected Nepalese citizens having highest integrity.  The findings were telling.

The Investigation Committee report states, “After exhuming the dead bodies, the Committee discovered that the bullets had hit from the front side in 10 out of 18 dead bodies whereas in the case of others the bullet had hit from other sides. Only two dead bodies were hit by more than one bullet of which in one case there were injuries on the head and the chest and in another case there were injuries on the throat and the chest. In the case of one dead body there was only one sign of bullet piercing through the right arm. However, there were no external injuries in the case of one dead body. Although due to decomposition and cleaning made by the rainy water it was difficult to ascertain in all cases the distance from which the bullets were fired, it could be concluded, on the basis of lack of entry/exit points in some dead bodies and the presence of big entry points in some dead bodies, that the shots had been fired from a close range. Nowhere the bullets were found stuck inside the wounds. Although complete autopsy could not be performed on the dead bodies by taking them out due to decomposed state of the dead bodies, deep burial inside the ground and the dearth of physical and human resources, close observation of the parts, which carried wounds and injuries, was made and points were recorded.” [7]

The Investigating Committee of the NHRC into Doramba killings concluded, “the act of killing the 19 persons whose hands were tied at their back and who had been taken into control by firing from a close range seemed contrary to the International Humanitarian Law and, and especially, the Common Article 3 of the Geneva Conventions which embodied the principle that the prisoners who are arrested and taken under complete control during the time of armed conflict of internal nature must be protected. The Investigation Committee has come to the conclusion that even in the national context the above-mentioned act ran contrary to the Constitution of the Kingdom of Nepal, the Army Act, the Police Act and the Armed Police Act.” No action has been taken against the culprits. [8]

The NHRC also conducted a similar investigation into the killing of students at Sarada Higher Secondary School at Mudbhara Village under Doti District on 13 October 2003. The Investigating Team of the NHRC found that at 11.30 am on 13 October 2003, around two to three Maoist forcibly entered the Sarada Higher Secondary School premises and forced students and teachers to participate in a cultural programme at the school. As the cultural program began at around 1.30 pm, the security forces, who had already cordoned off the school, started firing indiscriminately. The security personnel were alleged to have shot at screaming and fleeing students and those who had raised their hands up identifying themselves as students. The security personnel were alleged to have shot down a girl wearing the Maoist cultural dress and she was amongst the 7 teachers and 10 students who were coming out with their hands raised after being ordered to do so by the army. They also have gunned down a girl who was hiding between the wall and the rack in a half naked state after throwing off the Maoist garments that she had put on. Two boys were also shot at during the search of the school as they were hiding in one of the classrooms. After the shoot out, altogether 6 were found killed with 2 students, 2 female members of the Maoist cultural troupe and 4 Maoist cadres. The NHRC condemned the Maoists and the government forces. [9]

With only the Supreme Court in Kathmandu seems willing to accept habeas corpus petitions and filing a High Court case being beyond the ability of most Nepalis outside Kathmandu, [10] the NHRC remains the only hope at least to receive the complaints against human rights violations including alarming disappearances. Since 2000, the NHRC has so far received a total of 808 cases of disappearances involving 739 male and 69 female. An estimated 662 persons disappeared at the hands of security forces while 114 persons have disappeared at the hands of the Maoists. The security forces have released only 25 persons [11] so fare as the army claim that they “cannot divulge the details of some of the abducted persons for security reasons". [12] Amidst the ruins of all institutions associated with a modern State, NHRC of Nepal appears to be the only surviving one. Any National Human Rights Action Plan for Nepal, which is in the final stage, must include strengthening of the NHRC with human and financial resources.