Refugee problem in Nepal

Dec 1, 1993

A study report on the refugee crisis in Nepal with reference to global situation
A Report for ICJ/Nepal Section in cooperation with Stichting European Human Rights Foundation, Belgium

Nepal has come under the grip of the refugee problem following the huge influx of the Bhutanese refugees in this country. The report has highlighted the global refugee problem while accounting for the refugee problem facing this country.

The study report consists of five major chapters with several sub chapters included in them . The first chapter briefly accounts for the conceptual framework on the refugee issue with reference to historical perspectives. The second chapter takes a look at the global refugee crisis and humanitarian assistance measures. Accordingly, chapter 3 and 4 briefly examine the refugee problem in Nepal and the response measures to tackle the growing refugee crisis. The concluding chapter suggests some relevant measures to address the global refugee problem.

Nepal-refugee problem-thematic report-1993-eng (full text in English, PDF)

Sri Lanka: the activities of the Presidential Commission of Inquiry in Respect of Non-governmental Organisations (NGOs)

Sep 23, 1993

Report of a mission to Sri Lanka in  May-June 1991 on behalf of the ICJ by Stephen C. Neff to study the mandate and operation of the Presidential Commission of Inquiry in respect of NGOs in Sri Lanka.

The NGO Commission consisting of seven eminent persons was established in December 1990 to report on the misuse of funds by NGOs, the legal framework for their supervision and on “such other matters that appear relevant to the
determination of the above matters”.

The report prepared by Dr. Neff was critical of a number of aspects of the work of the NGO Commission, including the breadth of its terms of reference and the oppressive nature of some of the requests for information

The report includes:

Preface
I. Background of the NGO Commission
A. The Appointment
B. The Commission’s Methods
II. Freedom of Association: International Legal Norms
III. Freedom of Association: Provisions in the Law of Sri Lanka and of Selected Other Jurisdictions
A. Sri Lanka
B. Selected Other Jurisdictions (India, United Kindgom, United States of America, Canada, Netherlands, Mauritius)
IV. Instructive Case-Law on Freedom of Association
A. General Considerations
B. India
C. United Kingdom
D. United States of America
1. Legislative Inquiries and Freedom of Association
2. Substantive Regulation of NGOs and Freedom of Association
V. The ICJ Mission to Sri Lanka (30 May – 6 June 1991)
VI. The Findings of the ICJ Mission to Sri Lanka
A. The NGO Community
B. The Donor Community
C. The Sri Lanka Government (including the NGO Commission)
VII. Recommendations to the Government of Sri Lanka
A. General Considerations
B. The NGO Commission
C. The Substantive Regulation of NGOs

Appendices:

• The Commissions of Inquiry Act of 1948 of Sri Lanka
• The Terms of Reference of the NGO Commission
• Notice to the Public from the NGO Commission
• Questionnaire Issued to NGOs by the NGO Commission
• Supplementary Questionnaire Issued to NGOs by the NGO Commission
• Voluntary Social Service Organizations (Registration and Supervision) Act of 1980 of Sri Lanka

Sri-Lanka-inquiry-presidential-commission-NGOs-report-mission-1991-eng (full text in English, PDF)

Seminal on egal education in Nepal

Jun 1, 1993

The Nepal Section of the ICJ and the ICJ organized a national seminar on legal education on December 25,26 and 27,1992.

Participants from a cross section of areas connected to the legal education took part in the seminar.
Lawyers, law teachers, education planners, curricula specialists from different parts of the kingdom joined in the deliberations and expressed their views about what the shape of legal education should be.

The report contains an introductory note, speeches, a summary of the recommendations and working papers:

• A Critical Assessment on Testing and Evaluation System of Legal Education in Nepal, by – Madhav Prasad Acharya
• The Existing Curricular Structure of the Legal Education in Nepal: An Analysis, by Rajit Bhakta Pradhananga and Kishor Silwal
• An Exploration into the Prospective Model of Legal Education System in Nepal, by Dr. Shyam Kant Silwal and Beda Prasad Siwakoti
• Clinical Legal Education : An Assessment and Perspectives, by Satish Krishna Kharel

plus the List of participants.

Nepal-legal education-seminar report-1993-eng (full text in English, PDF)