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Conditions
for Constituent Assembly election on 10 April 2008 |
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Kathmandu,
22 March 2008 (UNMIN)
UNMIN
Election Report No 1, 22 March 2008
This
report has been prepared by the United Nations Mission in Nepal (UNMIN),
in conjunction with the Office of the High Commissioner for Human Rights
(OHCHR) in Nepal. The United Nations was requested to assist in creating
a free and fair atmosphere for the election of a Constituent Assembly,
including through UNMIN's monitoring of the ceasefire and the management
of arms and armies and OHCHR's human rights monitoring.
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Conditions
for Constituent Assembly election on 10 April 2008 |
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Nepal
is today better positioned than at any time since the signing of the Comprehensive
Peace Agreement (CPA) in N
ovember 2006 to hold a credible Constituent Assembly
election, a critical milestone in the peace process. Significant political
hurdles that had seriously threatened to derail the process have been overcome,
although not entirely removed.
The
signing of the 28 February agreement between the Interim Government and
the United Democratic Madhesi Front (UDMF) and the 1 March agreement with
the Federal Republican National Front (FRNF) significantly transformed
the electoral climate. Nomination of candidates has been completed and
the code of conduct has come into effect. Political parties are campaigning,
and the entire country is now in an election mode. This is no small achievement.
Nevertheless, this positive movement toward an election has brought new
challenges and difficulties, which need to be addressed promptly. These
include violence by groups opposed to the election, serious violations
of the electoral code of conduct and of human rights, and the need to maintain
full respect of obligations regarding arms and armies.
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1.
Violence by groups opposed to the election
The
overall security situation, particularly in the Terai, improved markedly
immediately after the signing of the UDMF and FRNF agreements. However,
in the past two weeks the activities of forces opposed to these agreements,
particularly the armed groups, has intensified. There has been an upsurge
of killings, violence, intimidation against candidates and voters and threats
to disrupt the electoral process. On 29 February the Janatantrik Madhesi
Mukti Morcha, Jwala Singh faction (JTMM-JS) issued a statement outlining
a series of actions it said it plans to carry out to disrupt the election,
and on 13 March four other armed groups issued a statement making similar
threats: both statements threatened physical action against candidates
and others engaged in the election. Other armed groups have expressed willingness
to engage in dialogue with the Government.
Numerous
reports have been received of candidates being pressured to withdraw their
nominations. A candidate of the Janamorcha party was reportedly abducted
by an armed group in Kapilvastu on 7 March, and when released after three
days stated that they had pressed him to withdraw his candidacy. Several
candidates have reported receiving death threats over the telephone and
candidates' houses and party offices have been targeted with improvised
explosive devices (IEDs). On 18 March, Kamal Adhikari, the Rastriya Janamorcha
candidate for Banke-2 constituency was assassinated: the JTMMJS was the
first group to claim responsibility, but there have also been other claims
or attributions of responsibility. On 19 March, Ashok Kumar Yadav, a candidate
of the Communist Party of Nepal -Unified Marxist-Leninist (UML) was stabbed
in Saptari-2 constituency, allegedly by the Akhil Tarai Mukti Morcha (formerly
JTMM-Goit). A number of armed groups took responsibility for the detonation
of IEDs at or near government, party and media offices, and the residences
of candidates and government officials. Such explosions have been particularly
prevalent in the eastern Terai. The situation risks becoming increasingly
volatile.
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2.
Violations of the electoral code of conduct and of human rights
The
electoral campaign is increasingly taking a violent turn, with daily reports
of clashes between party supporters, use of other forms of violence, intimidation
and threats. There is a marked gulf of distrust and hostility among political
parties. There have been two campaign-related deaths. In addition to the
killing of the Rastriya Janamorcha candidate, at least nine members of
the Communist Party of Nepal-Maoist (CPN-M) were injured in Arghakhanchi
District on 23 February when local villagers reportedly led by UML members
beat them after a campaign event: one of the injured CPNM members died
the following day. It is unclear at the time of this report whether
the killings of two CPN-M cadres in Rolpa on 19 March were related in any
way to the election or not.
There
is growing evidence of action by CPN-M cadres, including members of the
Young Communist League (YCL), to restrict in various ways freedom of assembly
of other parties in different areas of Darchula, Dhankuta, Sindhulpalchowk,
Chitwan, Bardiya, Baitadi, Lalitpur, Okhaldunga, Gorkha, Kaski, Kalikot,
Dhading, Salyan, among others. This has often entailed the use of violence
or threat of violence. A repeated warning from CPN-M cadres has been that
other parties should not campaign in its "base areas". Voters have been
told that the CPN-M will know how they vote and will take action against
those who cast their ballot for other parties.
In
one of the most serious incidents, 19 UML members including a local UML
candidate were reported injured in an attack by CPN-M cadres in Ramechhap
district on 12 March, after they had carried out an electoral campaign
programme. OHCHR visited the area of the incident and corroborated reports
that the attack was pre-planned. The community was found to be in a state
of fear and intimidated by the YCL, and OHCHR was told by multiple sources
that students as young as twelve had been taken out of school and enlisted
by the YCL. The pattern of these incidents has raised serious questions
about whether the CPN-M, or significant parts of it, are willing to engage
in a genuinely free and fair democratic process.
There
have also been allegations of election-related incidents of violence and
intimidation committed by other political parties. On 25 February a CPN-M
member was shot in Bardiya district by six persons alleged to be members
of the Madhesi People's Rights Forum (MPRF) who reportedly wanted him to
join the MPRF. Other more recent incidents which are under investigation
by OHCHR include the abduction on 13 March of a Nepali Congress (NC) candidate
by supporters of an independent (former NC) candidate in Surkhet, and an
alleged attack on 17 March by MPRF supporters on NC members who were returning
from electoral activity in Sunsari: eleven of those attacked received medical
treatment.
Other
reports continue to be received that children are involved in campaign
activities that sometimes put their physical safety at risk. Representatives
of youth wings of major political parties have indicated that they plan
to deploy large numbers of young people "to provide security" at polling
stations on election day. Although the stated reasons for the planned use
of volunteers are non-violent and are claimed to be to facilitate the process,
the presence near polling stations of organised youth belonging to competing
parties would carry a considerable risk of violence. Widespread concern
about booth-capturing and fear of violence on election day, and after if
results are disputed, have been expressed by police, party activists and
members of the local population alike, especially in the more remote areas.
This "fear factor" could affect voter turnout.
There
have been a number of credible complaints of the misuse of state resources
by candidates of governing parties. Accusations range from partisan use
of individual ministries, to interference in police recruitment and use
of government vehicles for campaigning and similar activities.
The
media continues to enjoy a high degree of freedom which is essential for
providing the public with balanced and timely information about the political
campaign. However there have been cases where UNMIN and OHCHR have investigated
incidents on the basis of media reports and found reports to be erroneous.
It is important that the highest standards of accuracy and political neutrality
should be upheld to contribute to the public's understanding of the political
environment.
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3.
Monitoring of arms and armies
A
fundamental principle of the 12-Point Understanding and the CPA is that
the Maoist army and the Nepalese Army would remain restricted to cantonments
and barracks respectively while the Constituent Assembly election would
be held in an environment free of fear. The CPA stipulates (Art.6.4) that
the armies of both sides will not be allowed to publicize for or against
any party and to take sides, but shall not be deprived of their voting
rights.
UNMIN
has drawn to the attention of the leadership of the CPN-M that it is inconsistent
with this principle that a number of commanders and members of the Maoist
army have been nominated and are campaigning as candidates for election
without having been discharged from the Maoist army.
The
Agreement on Monitoring the Management of Arms and Armies (AMMAA) provides
that no more than 12 per cent of the total retained force at a given cantonment
or barracks will be on authorized leave at any given time unless mutually
agreed by the parties. However UNMIN strongly recommended to the Government
and the Maoist leadership that leave should not be granted to members of
either army during the election period except in family, medical or other
emergencies. The Joint Monitoring Coordination Committee (JMCC) has been
informed that the Nepalese Army has suspended leave for all ranks except
in emergencies from 20 March, and that Maoist Chairman Prachanda has also
ordered that no leave be granted for Maoist army personnel except in emergencies
and that personnel already on leave should return to cantonments. UNMIN
welcomes these decisions. However, before the order to Maoist army commanders
was given, significant numbers of Maoist army personnel were already on
leave, and UNMIN believes that in some cases this has exceeded the 12 per
cent maximum and combatants have engaged in political campaigning. UNMIN
will monitor closely compliance with the order for Maoist army personnel
to return to and remain within cantonments, including by observing head
counts at all cantonments.
An
understanding on security arrangements for the Maoist leadership agreed
between the Government and the CPN-M permits the retention of a specified
number and type of weapons for security at the residence of the Chairman
and for 25 central members of the CPN-M, some of whom are election candidates.
The understanding states that the weapons are to be used solely for self-defence
and are not to be publicly displayed.
Activities
by the Nepalese Army permitted under the CPA and the AMMAA include provision
of border security as directed by the Government and provision of security
of vital installations. Troop and air movements and exercises have to be
notified to the JMCC at least 48 hours in advance. The Nepalese Army has
informed the JMCC that it has deployed troops to 50 locations including
airports and customs offices, but that it received orders from the Government
too late to give 48 hours advance notice.
As
requested, UNMIN will continue to monitor the compliance of both armies
with the AMMAA during the election period and beyond.
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4.
Recommendations
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 Armed
groups should seek political accommodation through dialogue and refrain
from violence and intimidation or other activities against the election.
The Government should persist in efforts to initiate dialogue towards such
political accommodation.
All
political parties should abide strictly by the election code of conduct
and respect for human rights of competing parties and voters. It is in
their interest to ensure the integrity and fairness of the election, as
any "victory" in a seriously flawed election would not command legitimacy.
The
CPN-M must end the practice of preventing other parties from campaigning
in areas where it is strong or which it considers its natural political
territory.
Intimidation
and pressure on voters to vote for or against a party should cease. Political
parties should cooperate in arrangements for polling day which avoid any
perception of intimidation.
All
political parties should publicly and unequivocally recommit themselves
to abide by the outcome of the election. This is a fundamental tenet of
a democratic process.
Candidates
should scrupulously avoid any misuse of state resources. All state actors
should remain neutral and fulfil their duties with professionalism, particularly
the Nepal Police and local officials.
All
media should strive to maintain the highest standards of accuracy and political
neutrality. |
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Source:
UNMIN , March 2008 |
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