The International Commission of Jurists (ICJ), in collaboration with the Economic, Social and Cultural Rights (ESCR) National Network, organized a workshop in Nepal on 27 September 2024, aimed at discussing a human rights-based approach to criminal law. The event, held in Kathmandu, was attended by 23 participants, including lawyers, ESCR experts, and members of civil society organizations advocating for criminal law reform.
The workshop’s main purpose was to highlight the major human rights issues and challenges within the Nepalese criminal justice system arising from the over criminalization of conduct associated with poverty, life-sustaining activities and status. Additionally, it sought to popularize the ICJ’s 8 March Principles and strategize on the application of these principles through legal advocacy.
The participants shared real-life examples from criminal cases illustrating the disparities within the justice system, particularly related to bail payments, unduly onerous fines for cases relating to “juvenile delinquency”, human rights concerns arising from unclear legislation on miscarriage and overcriminalization of life-sustaining activities in public spaces.
Three lawyers, namely, Raju Prasad Chapagai (Senior Advocate), Sashi Basnet (Litigating Lawyer) and Advocate Ajay Shankar Jha (Public Defender Society, Nepal), who have been advocating for criminal law reforms, delivered presentations at the workshop as the expert speakers.
As a way forward, the participants emphasized the need to review and document the impact of criminal laws that impose fines that people living in poverty are unable to afford, as well as of laws criminalizing abortion and with no legal clarity with respect to miscarriage. They also stressed the need to initiate a wider campaign on decriminalization of poverty and status and recommended that the 8 March Principles should continued to be popularized, as well as strategic litigation advocating for a human rights-based approach to criminal law.
Contact
Laxmi Pokharel, Legal Adviser, ICJ Asia and the Pacific Programme, e: [email protected]
Karuna Parajuli, Legal Adviser, ICJ Asia and the Pacific Programme, e: [email protected]
Further information
The ICJ has published a set of legal principles (The 8 March Principles) to address the harmful human rights impact of unjustified criminalization of individuals and entire communities. ICJ is part of the global campaign to decriminalize poverty and status.