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Nepal's
Civil War: United Nations & Human Rights |
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Human
Rights |
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Human
Rights Situation in Nepal |
22
February 2007 OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS IN NEPAL
The
report also describes many challenges that lay ahead. Ending impunity for
serious human rights violations, defeating deep-rooted discrimination and
other abuses against marginalised groups and restoring law and order and
citizens' sense of security ahead of the planned constituent assembly elections
in June rank high among them.
The
report is based on information gathered by the Office of the High Commissioner
for Human Rights (OHCHR) in its monitoring and investigation work throughout
the country. This includes meetings with authorities, security forces,
political parties, including the CPN-M, civil society, victims of rights
violations and their families. Since the ceasefire, staff from OHCHR's
regional offices in Biratnagar, Kathmandu, Pokhara and Nepalgunj, and a
temporary office in Dadeldura, have increased travel to many districts
and villages. Overall, the authorities and CPN-M have cooperated with us.
However, OHCHR has been disappointed at the continued lack of response
to a number of reports and requests to the Government and to CPN-M, and
by their failures to implement many recommendations for ending abuses and
strengthening human rights protection.
As
you know, last year's peace talks resulted in a request from the parties
for United Nations support to the Peace Process. OHCHR was particularly
asked to monitor the human rights provisions of the 21 November Comprehensive
Peace Agreement (CPA). It contains broad provisions on human rights, including
ending discrimination, arbitrary detention, torture, killings and disappearances,
as well as economic and social rights.
The
High Commissioner's report points out that while the human rights provisions
in the CPA are to be welcomed, the Agreement does not contain specific
measures for their implementation. While both parties have made full commitments
to respecting human rights in previous agreements and understandings, implementation
has been poor. Lack of accountability for past serious human rights violations,
including killings and disappearances by the Nepal Army, remain among OHCHR's
main concerns. The Army leadership has informed this Office that it is
tackling the question of accountability. However, OHCHR remains deeply
critical of the lack of transparency and impartiality of military probes
and the continued impunity enjoyed by most perpetrators, with risk of threats
to those who try to pursue justice.
For
instance, in December 2006, OHCHR published The Torture and Death in Custody
of Maina Sunuwar: Summary of Concerns, a report documenting obstacles to
justice in the case of Maina, the 15-year-old girl killed within hours
of her arrest in 2004 by the Nepal Army. During her visit here in January,
the High Commissioner discussed the case with the Home Minister and COAS
and later reported, "I was informed that orders will be given to launch
a thorough police investigation, with the full cooperation of the Nepal
Army, to clarify the circumstances of her death so that those responsible
can be held accountable."
In
fact, the Nepal Army has failed to provide us copies of any court of inquiry
(investigation) reports or court martial judgments relating to human rights
violations involving the NA, contrary to our Agreement with the Government.
On
26 June 2006, OHCHR urged the CPN-M to set up a mechanism at the national
level to oversee internal investigations into allegations of abuses by
CPN-M cadres to ensure that they are impartial and complete, and do not
result in further abuses. OHCHR noted with special concern that although
the leadership said that action was taken against those responsible for
the 2005 attack on a public bus in Madi, Chitwan District, resulting in
the death of at least 35 civilians and members of the security forces,
some of those responsible were freed after "serving sentences" of apparently
two to three months of "corrective punishment".
Perfunctory
internal punishment such as this is wholly inadequate given the wilful
disregard for human life displayed by the CPN-M cadres responsible. Not
only must the Maoist leadership take action to end impunity, it is essential
that State authorities investigate and if necessary prosecute cases of
human rights violations by the CPN-M as well as the security forces.
As
pointed out by the High Commissioner during her visit, strengthening of
the State law enforcement system and administration of justice will be
crucial to convincing local populations that State authorities are able
to maintain law and order and to deliver justice as the elections approach.
To
cite a personal example, last weekend I travelled to Birgunj to meet members
of civil society. There I learned that residents had been blocking the
highway north of the town for two days to protest the killing of a community
member. Such actions, which have become almost commonplace, indicate how
little trust the average person has that the police and the judicial system
will thoroughly and impartially investigate such incidents and provide
appropriate remedies if necessary. Re-establishing law and order, particularly
as the constituent assembly elections approach, continues to be a priority
for this Office. The report points out that creating a climate conducive
to those elections without threats or violence will be extremely difficult
unless there is the political will on the part of all parties to strengthen
rule of law and to respect the political rights of all. I am particularly
concerned about recent reports of disruption by CPN-M cadres of legitimate
political party meetings. Such attempts to stifle freedom of expression
and assembly are inconsistent with multi-party democracy, to which the
CPN-M has committed itself, and must stop.
Discrimination
on the basis of caste, ethnic, gender, geographic and other considerations
has marginalized and excluded millions of Nepalese people from full participation
in political processes and State institutions as well as equal access to
housing, water, land and other such rights. Some legislation has been passed
to end such discrimination, for example by improving gender equality in
terms of property rights and criminalising "untouchability", but more improvements
are necessary.
A
Citizenship Act adopted in November 2006 is already giving citizenship
to many of those living in the Terai plains and enables a Nepalese mother
to pass on citizenship to her children in certain circumstances. However,
the implementation of these laws has yet to be tested and many other discriminatory
legal provisions require amendment. Equality for Madhesis is emerging as
a central issue in the peace process. The Madhesi people make up some 30-40
per cent of the population of Nepal, and see the electoral process as a
critical step in addressing historical discrimination. As you know, the
recent protests in the Terai resulted in extensive damage to public and
private property, widespread threats to journalists and human rights defenders,
serious injuries to demonstrators and police, and a substantial loss of
life, with OHCHR confirming 24 deaths to date.
At
times, the Nepal Police and the Armed Police Force responded to the demonstrations
with excessive, and sometimes lethal, force. OHCHR teams documented cases
of the Nepal Police and Armed Police Force beating protestors on the head
with lathis, entering homes to beat residents, obstructing the passage
of ambulances and emergency vehicles, and on several occasions, firing
live ammunition directly into crowds of demonstrators when there was no
credible threat to life.
OHCHR
believes that there must be prompt and credible investigations into all
killings and injuries that have occurred to determine those responsible,
and prosecutions launched, if appropriate, in order to ensure accountability
of security forces.
As
the High Commissioner's report makes clear, addressing the growing demands
for a State structure which protects the human rights of all and enables
all Nepalese people to participate equally in society is a fundamental
challenge of the peace process and the Constituent Assembly. Unless concerns
are seriously addressed, there is a great risk of deepening social divisions,
increasing threats to the peace process and newly-found progress in the
enjoyment of human rights, and leading, ultimately, to violence. While
OHCHR stands ready to do its part to tackle these major challenges facing
the nation, real, substantial changes must come from the Nepalese people
themselves.
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