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Lawyers Nepal

Lawyers Nepal

Lawyers Nepal


Lawyers Nepal

Name: Rup Narayan Shrestha


Address: Kathmandu Metro-15, House No. 868/51, Sobhavagawati Road, Nepal, Kathmandu

Contact No: 977-1-4353755 (Res) /4246424 (Off.)

Mobile No: 977-9851075127

Email: rnarayans@hotmail.com/bareju@wlink.com.np

Website:


Law Firm: Avenue Law Firm, Putalisadak Kamaladi Mode, Kathmandu


Practice Area: Kathmandu Velley, Po. Box 2923



Education & Qualification:

    : Master’s in Law (LL.M) (2003) - Nepal Law Campus, Tribhuvan University, Kathmandu, Nepal
    : Master’s in Political Science (1999) Central Department of Political Science, Tribhuvan University, Kathmandu, Nepal
    : Bachelor’s in Law (1997) - Nepal Law Campus, Tribhuvan University, Kathmandu, Nepal

    Professional Qualification
    : Advocate, Supreme Court, Nepal
    License No. 5645 (1997)

    : Notary Public (Translation, Attestation and Certification )
    L/No. 203 (2007)
    Nepal Notary Public Council, Kathmandu


Experience:

    • National Strategy on HIV and Sex Work in Nepal" for Jagriti Mahila Sangh
    • Draft National HIV and STI policy, For UNAIDS/ Nepal.
    • Draft HIV Bill for HIV and STI Control Board.
    • PMTCT guideline ( English to Nepali) for NCASC
    • Translation of partner NGO’s statute for Oxfam, Nepal
    • Training Module on Forensic Olympic, American Bar Association.
    • Training Module on Staff in service activities for MSF- Holland.

    Work Experience: Consultant
    • Consultant, to review Spousal Transmission of HIV in Nepal: Country Assessment Report, 2011, UNDP-Nepal.
    • Consultant, Develop "National Strategy on HIV and Sex Work in Nepal", Sept-Dec, 2010. This project was carrying out by Jagriti Mahila Maha Sangh (sex worker's organization) which is supported by UNFPA- Nepal and UNAIDS-Nepal.
    • Program Coordinator of "Enhancing Investigation and Prosecution of Trafficking in Nepal" support by American Bar Association- Nepal Project under Global Trafficking In Person program. 2010

    • Consultant, National Guidelines on reducing stigma and discrimination in MSM setting, Global Fund MSM/MSW Project/ Blue Diamond Society- Nepal, August 2010.
    • Member, Finalizing Draft HIV/AIDS (Prevention, Control and Rights protection) Bill-2066 for HIV and STI Control Board (HSCB), Nepal, 2009-010. This Committee was chaired by Hon'ble Member of National Planning Commission.
    • Consultant, Needs Assessment for Legal Services for People Living with HIV (PLHIV) and Other Vulnerable Groups in Nepal, IDLO Rome & IDLO Alumni- Nepal, March 2010.
    • Consultant, Drafting of New National Policy on HIV and STI, 2008-09, National Centre for AIDS and STD Control (NCASC), Ministry of Health and Population, Government of Nepal, Kathmandu, Nepal.
    • Member, Task Force Drafting New National Policy on HIV and STI, 2008-09, National Centre for AIDS and STD Control (NCASC), Ministry of Health and Population, Government of Nepal, Kathmandu, Nepal.
    • Consultant, to develop training Manual on IDUs: Leadership and Advocacy, June 1- 30, 2007, UNAIDS/Nepal Office.
    • Program Coordinator, 2007-08, Legal Reform Program on HIV and AIDS, supported by ASHA project/FHI Nepal. Under this project, various activities were carried out. Major activities were
    o Identified policy Champions and use of them for policy advocacy,
    o Advocacy meeting with parliamentarians
    o National workshop with Parliamentarian with collaboration with Parliamentarian Committee of Health. This was focused on need of HIV specific laws to protect and promote rights of concerned group.
    • Associated in Report writing of UNGASS, Declaration of commitment on HIV/AIDS, Nepal Country Report (2003 -2005). The report was prepared by Ministry of Health, Government of Nepal and National Centre for AIDS and STD Control (NCASC) and submitted to United Nations, 2006
    • Research Associate, in "Study on Exclusion on the Law on the Basis of Sex, Caste and Ethnicity” June 2005. Research conducted for World Bank/Nepal which has assessed caste, gender and ethnic discrimination in the laws and legal framework in Nepal.
    • Associate Coordinator, Legal Aid Cell, FWLD. 2002- 2004, The Legal Aid Cell provides free legal aid and support to needy women, female sex workers, homosexuals and PWHA.
    • Research Associate in " Updated Discriminatory Laws in Nepal and Their Impact on Women: A Review of the Current Situation and Proposals for Change," August 2005. The study identified new discriminatory laws and updated FWLD's study on the Discriminatory Laws in Nepal and Their Impact on Women conducted in 2000. The study was supported by the Ford Foundation.
    • Member, Drafting Committee of "HIV and AIDS (Prevention, Control and Treatment) Bill/Ordinance, 2062" and "Amendment Proposals on the Existing Laws from HIV and AIDS and Human Rights Perspective". The Bill and Amendment Proposals were drafted by civil society to enact and amend law to control further spread of HIV and to protect and promote the right of PWHA and vulnerable populations.
    • Member, "Fact-finding Mission on the Incident of Shooting by Security Forces in the Campus Premises in Kanchanpur District", May 1-5, 2005 conducted by Human Rights Treaty Monitoring Coordinating Committee (HRTMCC).
    • Coordinator, "Workshop on the Impact of the Conflict on Protection of Women in Conflict", March 31, 2005 jointly organized by FWLD and United Nations Coordination Unit (UNCU) UN System/Nepal.
    • Legal Expert, "Gender Friendly Environment in the Workplace, 2005". A study conducted for Women's Legal and Economic Rights under The Asia Foundation and carried out by FWLD.
    • Research Associate "Legal Review and Assessment of In-country/Inter-country Adoption Program in Nepal, March 2004" to review national law and policy in relation with in-country and inter country adoption and also analyzed present practices and to put forward necessary recommendations. Research was conducted with support of UNICEF/ Nepal and FWLD.
    • Legal Expert in "HIV/AIDS and Human Rights: A Legislative Audit," March 2004. A study conducted by FWLD with the support of the POLICY Project, Nepal. The study audited the Nepalese legislation in accordance to United Nations Guidelines on HIV/AIDS and Human Rights for assessing the situation of Nepalese laws for the protection and promotion of human rights of PWHA and to control further spread of the virus.
    • Research Associate in "Implementation Status of Outcome Document of Beijing Platform for Action", 2003. A study conducted by FWLD with the support from The Asia Foundation. The study assessed the implementation status of Outcome Document of Beijing Platform for Action.
    • Member, Bill Drafting Committee, A Bill Related to Amend Some Nepal Acts", (Specially Related with Women's Rights) coordinated by FWLD for Ministry of Woman, Children and Social Welfare of Government of Nepal.
    • Associated in "Study on the Effectiveness of the Existing Laws and Institutional Mechanisms on Trafficking of Women in Nepal" 2002. The study was conducted for UNIFEM/South Asia Regional Office, New Delhi.
    • Research Associate "CEDAW Status Review," August 2001. The study was conducted by FWLD with the support from Ministry of Women, Children and Social Welfare, Planning Commission, UNDP/Nepal and Mainstreaming Gender Equity Program (MGEP). The study has assessed the implementation status of CEDAW Convention in Nepal and provided recommendations to make state accountable towards effective implementation of the CEDAW Convention.
    • Research Associate in “Mapping Exercise of Policies, Ethics, Laws and Judicial Pronouncements with a view to Facilitate Structuring of Comprehensive Human Rights and Gender based HIV/AIDS Policy and Law,” June 2000 – May 2001. This was a regional study conducted in South Asia and South West Asia under United Nations Development Program (UNDP). The study aimed to map Laws and Policies to control further spread of HIV and AIDS in society and to prevent discrimination against PWHA.
    • Research Associate in "Discriminatory Laws in Nepal and Their Impact on Women: A Review of the Current Situation and Proposals for Change," August 2000. A study of World Bank which identified 118 discriminatory laws against women in Nepal and assessed the adverse effects of existing discriminatory laws on women and also made a forceful argument for change-in laws, policies and the mindset of those who have the duty to execute changes.

    Academic Papers:
    • Research Proposal on Right to Equality with reference to Judicial Activism: In Nepalese Context for LL.M, Nepal Law Campus, Faculty of Law, Tribhuvan University, August 2002. This is a proposal paper only and dealt on trend of Judicial Activism and Right to Equality in Nepal and practices of judicial activism while deciding cases related with Right to Equality by Supreme Court of Nepal.
    • Seminar paper on “A Critical Analysis of Copyright Law in Nepalese Context” for LL.M, Nepal Law Campus, Faculty of Law, Tribhuvan University, November 2002. This seminar paper incorporated national and international instruments and practices of copyright.
    • Project Dissertation “A Study on Laws Related to Copyright of Nepal and Present Perspectives” for LL.M, Nepal Law Campus, Faculty of Law, Tribhuvan University, March 2003. This dissertation has covered various aspects of copyright law, and has provided appropriate suggestions to strengthen the copyright laws, and its enforcement in Nepali context and includes pros and cons of the instruments and obligations of State under the instruments.

    Facilitators/Resource Persons:

    • Worked as Facilitators/ trainers on various Trainings for HIV infected and affected groups, MARPS group and HIV/AIDS related organization and also for lawyers, paralegal groups.


Training:

    Professional Training/ Seminar Experience:
    • Asia- Pacific Regional Dialogue on Commission on HIV and Law, Feb 16-17, 2011 at Bangkok, Thailand. This was organized to initiate dialogue between government and civil societies to review situation of HIV and law in the region.
    • Seminar 'Using the law and policy for effective responses to HIV and AIDS' Sydney, Australia, 7-11 December 2009 organized by IDLO and AIDS Projects Management Group.
    • 9th ICAAP, August 9-13th, 2009 at Bali Indonesia as member of this expert panel of satellite session, From Africa to Asia: HIV and Women’s Inheritance and Property Rights organized by UNDP, with support from the GROOTS/ Huairou Commission and the Fordham Leitner Center for International Law and Justice,
    • Strengthening and Expanding HIV Legal Services. 8 August 2009, Bali Indonesia, organized by IDLO with support of UNAIDS. By this consultation, a comprehensive "Toolkit on HIV-related Legal Services" was finalized. Major aim of this toolkit is to provide a practical resource to help improve the quality and impact of HIV-related legal services, and to expand the availability of HIV-related legal services.


Career History:

    • Women’s Inheritance and Property Rights in the context of the HIV/AIDS epidemic in the Asia Pacific, 6–7th February 2007, Colombo, Sri Lanka. Organized by UNDP Regional Center in Colombo, Regional HIV and Development Programme.
    • Asian Commons, Asian Conference on the Digital Common, 6-8 June 2006, Bangkok, Thailand. This conference was organized by Asian Institute of Technology, Ballenet, SAP –I to work on accessible and affordable IT for the Asia region.
    • United Nations Sub-regional seminar for South Asia on Minority rights: Cultural Diversity and Development in Kandy, Sri Lanka, November 21 to 24, 2004. Organized by the UN Working Group on Minorities (WGM) and the Office of the High Commissioner for Human Rights (OHCHR).
    • Training on ILO Labour Standard for Judges, Lawyers and Legal Educators, September 1– 12, 2003, Turin, Italy, organized by International Training Center of the ILO.
    • Training on Familiarization with International Guidelines on HIV/AIDS and Human Rights, Audit Instruments and Processes, and Examples of Best Practice Laws and Policies, Organized by POLICY Project, Nepal, June 16 – 20, 2003.
    • UNDP APGEN Regional Evaluation /Planning Workshop. May 9-12, 2002.organized by IWRAW Asia Pacific, Kuala Lumpur, Malaysia.
    • Training on Domestic Inquiry on Disciplinary Action Jointly organized by Nepal Labour Academy and Nepal Bar Association, Kathmandu Nepal, 2001
    • Training on "Advocacy and Human Rights for Practicing Lawyers of Nepal" (Jointly organized by IWRAW-Asia Pacific and Forum for Women Law and Development (FWLD) and Mainstreaming Gender Equity Program (MGEP), UNDP) September –October, 2000.


Interest:

    • 1325 Bangkok
    • Sri Lanka 2008


    Experience in Law Practice:
    • Associate as lawyer to plead on various milestone PIL and other cases including
    - Demanding right to confidentiality on the case and court procedure related with HIV and AIDS related individuals. Supreme Court of Nepal issued directive order to bring law on the same and also issued Guideline for the interim period till law enactment.
    - Demanding to ensure equal right and non discrimination with Homo-sexual population. Supreme Court of Nepal issued directive order to Government of Nepal to review prevailing laws and ensure equal right and non discrimination for them. Also Court form a study Committee to situation analysis of viability of same sex marriage.
    • Filed writ petition in the Supreme Court of Nepal challenging discriminatory provision against women of the MULUKI AIN, 2020 (Country Code, 1963) Date of case filed - August 1, 2001 (case decided in favor on May 2, 2002).
    • Pleaded and involved in various issues Corporate, labour law and human rights issues. Pleading in human rights cases of Nepal including Reproductive right of women; Sexual harassment at workplace; Right of children; Property right of women; and Right of homosexuals groups.
    • Associated with Public Law Firm as a Lawyer 1995 -1998.
    • Worked as a Trainer in various Training Programs conducted by Nepal Bar Association.
    • Working as Legal Consultant for various I/NGO to review/updated/ draft their personal policy and Service contract and also providing legal service, including
    - Handicap International/Nepal
    - Doctors without Boarder / France
    - Doctors without Boarder / Holland
    - COMITE D’AIDE MEDICALE (CAM) Nepal (French organisation)
    - Action Contre la Faim (ACF)/ Nepal ( Action for Poverty) (French organisation)
    - IFES (democracy@large) Nepal,
    - Merlin International
    • Working as Legal Consultant for various corporate organization to draft/ review/updated their personal policy and Service contract and also providing legal service, including
    - Hotel Malla Pvt. Ltd
    - Casino Tara Pvt Ltd
    - Namokar Cable Industries

    Member:
    • Member, Steering Committee, “Stigma & Discrimination Reduction in relation to MSM/TG" Blue Diamond Society under implementing an HIV/AIDS Prevention program through Global Fund Project/ FPAN (7th April 2010)
    • Member, Steering Committee, HIV/AIDS Draft Bill-2066 and HIV/AIDS Policy-2066 HIV and STI Control Board (HSCB), Jan, 2010
    • Executive Member, Forum for Women, Law and Development (FWLD)
    • Member, Nepal Bar Association, Supreme Court Unit, Patan,
    • Ex-Member, Legal, Taxation and Industrial Relation Committee, Hotel Association of Nepal (HAN)
    • Member, European Lawyer Association (Asociacion Europea de Abogados) Spain

    Articles – Masum