She says that she feels discriminated and isolated in the office. She is in direct conflict with NHRC Secretary Bishal Khanal over a host of affairs and overall system of the national human rights watchdog. The commissioner is considering quitting the office “any time” if the situation at NHRC does not improve and the secretary does not resign. Pathak recently spoke to myrepublica.com’s Kiran Chapagain on NHRC’s performance, discrimination against her and women staffers, irregularities and her conflict with the secretary.
Excerpts:
Myrepublica.com: What is your evaluation of the performance of NHRC over the past 22 months?
Leela Pathak: Not encouraging. In the first five-six months, I was enthusiastic. We had the belief that we could do much. But the spirit has waned.
Myrepublica.com: Why so?
Pathak: I am disappointed by the way this institution is functioning. Its condition is deteriorating by the day.
Myrepublica.com: In what sense?
Pathak: In every sense. This office has not been functioning as per its mandate. Whatever it is doing now is aimed at serving the vested interests of the people working here. The working spirit has dampened. We read newspapers in the morning and issue press releases in the evening on human rights issues raised by the newspapers. Do you think that is what we are supposed to do? No, not at all.
Myrepublica.com: Do you mean to say that NHRC is now in existence for the sole purpose of issuing press releases?
Pathak: Yes. You can check how many reports on human rights violations we have prepared and brought them out. Here are some examples. Two people were killed in Bhaktapur (on suspicion of being kidnappers last week). NHRC turned deaf ears to such a serious case. The same attitude prevailed in the murder case of 19-year-old Khyati Shrestha. There was firing in an education institution (Tri Chandra Campus). NHRC was silent. NHRC did not take up any of these cases involving serious human rights violations.
Myrepublica.com: Why did NHRC not monitor these incidents?
Pathak: I was informed that there was no staff in the office when these incidents happened. They were busy weaving strategies to be permanent in the institution.
Myrepublica.com: Who is responsible for the “deteriorating” situation?
Pathak: Ask other commissioners and the secretary. In my opinion, the secretary is more responsible for ushering in this situation in NHRC. He (Bishal Khanal) has not been playing a good role as the chief administrator.
Myrepublica.com: Could you elaborate on it?
Pathak: He has deceived us on many occasions. For instance, we chose Gauri Pradhan to work as spokesperson till NHRC would get its secretary. But he has continued to work in that capacity even after Khanal’s appointment. The secretary has not implemented the decision, simply to please Pradhan. Besides, the secretary has given more exposure to certain members while ignoring others. Aren’t all members equal? The secretary has been playing a discriminatory role.
Similarly, we had decided to appoint a gazetted officer to head the finance section soon after we assumed office in our bid to check financial irregularities. The section was then headed by a non-gazetted officer. But the decision has not been implemented to date. Why? We were briefed that there were financial irregularities at NHRC before we joined the office.
Myrepublica.com: Do you think there are financial irregularities at the NHRC?
Pathak: Yes, NHRC is marred by financial irregularities. Take for example the recent procurement of vehicles. NHRC purchased vehicles worth six million rupees without meeting the public procurement law. The law requires a committee headed by the office chief to oversee the procurement. But the committee was never formed. Instead a bogus group comprising people who are close to him (Bishal Khanal) endorsed the procurement. It was ridiculous.
There already were enough vehicles for NHRC and what it desperately needed were staff buses. I wanted to buy two staff buses but the secretary did not. I was kept in the dark over the deal. Definitely, there were irregularities in the deal. Where is the commission from that deal? The commission should be used in the office since NHRC is a public office funded by tax payers’ money. The commission should be transparent. I am not concerned about the vehicles; I am more concer ned about the tax payers’ money being misused.
Myrepublica.com: Earlier, you said all are not treated equally in NHRC. How?
Pathak: In this office, hierarchy of senior and junior prevails. I am the fourth in the line of seniority among the commissioners. But I fail to comprehend why I am discriminated by them. All members were appointed in the same way as I was but look at the discrimination against female staffers at NHRC. They have not been given equal opportunities as compared to their male counterparts. When there is discrimination against a woman commissioner, you can imagine the level of discrimination among other staffers.
Myrepublica.com: It seems that there is an ongoing conflict between you and the secretary?
Pathak: That is an open secret but the conflict is not limited to him only but also the existing system at the NHRC.
Myrepublica.com: It seems that you are isolated by your peers and the secretary at the NHRC. How can you continue working here?
Pathak: I have not been able to do any meaningful work at all. I am only writing about my experience of my time at the NHRC. As it is difficult to work here, I am talking to you to let the public know about all these things. This office will not function properly till the secretary is removed. I do not want my time here to be a blotch on my record.
Myrepublica.com: When are you resigning?
Pathak: Anytime. I am consulting my friends. Before I resign, I would like to meet the prime minister to apprise him of everything that is happening here.
kiran@myrepublica.com
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