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Human Rights
HIGH COMMISSIONER FOR HUMAN RIGHTS CALLS ON NEPALESE PARTIES TO ABIDE BY OBLIGATIONS AS A STEP TOWARDS PEACE
News Release 26 January 2005
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Press statement on the occasion of the visit to Kathmandu (23-26 January 2005) by Louise Arbour, UN High Commissioner for Human Rights.

My visit to Nepal has been motivated by a growing concern over reports of a grave human rights crisis afflicting this country and a desire to assess the situation for myself.

I also wanted to express my support for the vital work of the National Human Rights Commission and the many human rights defenders, NGO's, the media and the legal profession, who seek to advance the cause of human rights in fraught and often dangerous circumstances.

I also hope that my visit might serve, in a modest way, to increase the awareness worldwide to the terrible plight of many Nepalese in the midst of the armed conflict that is sweeping their country and which has resulted in the rampant abuse of basic human rights.

It is a testimony to the people of Nepal that even during this traumatic period for their country, my colleagues and I have been met with such warmth and hospitality during our brief visit here. I am particularly honoured by having been granted an audience with His Majesty, the King. I am also grateful to Government of Prime Minister Deuba, to the National Human Rights Commission , to the commanding officers of the national security forces, to the Chief Justice and to the many NGO's whom I have met, for the time and care they have taken in briefing me on the complex situation in Nepal today.

I would like to place on record my sympathy and solidarity with the people of Nepal during this most difficult and traumatic time. They have been and are being, subjected to violence and brutality on a staggering scale. The fabric of today's society, current and future generations of Nepalese, indeed the very development of the state, risk being grievously damaged or set back.

Irreparable harm is being caused, in large part, by the means through which the Maoist seek to advance their cause. Many of those means are unconscionable and contrary to fundamental human rights and international humanitarian laws. They include murder, abductions, forcible displacement, extortion and the use of children in the direct pursuit of military objectives. I want to stress that everyone I met, whatever their opinion of Nepal's political leadership or of the goals of the rebellion, expressed nothing but outrage for the tactics adopted by the Maoist insurgents.

My fundamental message to the leaders of CPN/ Maoist today, therefore, is threefold.

First, they should not underestimate the desire of the people of Nepal to live in a society which fully respects all human rights. It seems clear to even the most causal observer that the people of this country have a deep understanding of the right which are theirs by law. They want leaders who respect, rather than hold in contempt, these rights.

Secondly, it is a fundamental right for people to choose freely, and without coercion, how they would wish to be governed, and by whom. I urge the Maoists to engage the people of Nepal through reasoned argument in a democratic arena and to pursue their objectives in compliance with international law.

Finally, I would warn the leaders of the insurgency neither to misread developments in the wider world nor to believe that they can operate outside of the law. It is increasingly clear that we have entered an era of accountability. In every part of the world, political and military leaders who thought themselves immune from prosecution are now answering before the law for gross human rights abuses they perpetrated.

In the past three days, I have made clear in my meetings with the authorities that I do not underestimate the difficulties faced by the Government of Nepal. It is the rights, indeed the duty, of any government confronted with such an insurgency to mobilise every effort to end it. It is also incumbent on the international community to support legitimate efforts by the Government of Nepal to end the insurgency by all legal means and to restore peace, stability and security to their people and country.

I stress, however, that these means must be lawful and legitimate. They must be in strict compliance with the international humanitarian and human rights laws by which Nepal is bound.

Regrettably, there are an alarming, and growing, number of cases in which the fundamental rights of the people of Nepal have been abused by agents of the State and in which victims have been unable to obtain redress. A climate of impunity prevails in this country as a result of which the rule of law, the fundamental glue of any society, is being worryingly eroded.

The Government of Nepal has a duty to protect its people. This requires the Government to protect not just the physical security but also the legal rights of all. This responsibility cannot be suspended, even in times of national emergency. The Government of Nepal must abide by its commitments, freely made, both in international law and domestically. By so doing the Government will best distinguish itself from those who resort to violence and intimidation.

In all my meetings with Government, police and military officials, I was unequivocally assured that this need to uphold and defend the human rights of all Nepalese was keenly understood. It is now critical for this understanding to be translated decisively into concrete action. The widespread instances of disappearances, executions and torture must immediately come to an end. Effective and credible measures to bring to account those responsible for such acts must also be put in place now.

In my statement on 24 January, on the occasion of the opening of the National Human Rights Commission conference on human rights and peace, I outlined a number of measures I considered would be of critical importance to improving the human rights climate in Nepal.

Chief among them is the need for both parties to the conflict to sign and implement the Human Rights Accord drawn up by the National Human Rights Commission. This Accord is nothing more than the reiteration of obligations which already bind both the Government and the CPN/Maoist. A failure to sign the Accord by either party calls into question the sincerity of their professed commitment to the welfare of the people of Nepal. Equally, I have no doubt that the signing of the Accord by both parties, coupled with genuine efforts to implement its provisions, will serve to build confidence, which is, in turn, a vital prerequisite for a genuine and lasting peace.

Secondly, I have pressed the Government of Nepal for a prompt and public clarification of how it intends to maintain the effectiveness and independence of the National Human Rights Commission after 25 May 2005, when the term of the current Commissioners expires. The international community is urgently looking for detailed assurances, and requisite action, that the Commission's integrity will in no way be adversely affected by the current uncertain climate.

Thirdly, both parties must make every effort to facilitate the work of the Commission. They must cooperate fully with investigations undertaken by the Commission and allow the Commission unfettered access to all areas under their control in the pursuit of its work. Again, one has to question the motivation of those who seek to obstruct the work of the Commission.

Particularly important is the need to ensure that all those entitled by law to do so be afforded full and unhindered access, without prior notice, to all places of detention. The precise scope of the epidemic of disappearances in Nepal cannot be completely ascertained without full access to all places of detention.

Fourthly, the use of children in any way whatsoever to advance military goals must immediately cease. The use of children for such purposes is strictly prohibited by law.

Finally, measures must urgently be put in place to strengthen the independence, security and capacity of the civilian judiciary. Excessive recourse to military justice, a process that lacks transparency, contributes to an erosion of civilian institutions of law enforcement and threatens the rule of law.

In conclusion, allow me to reiterate my profound conviction that ensuring the full respect of the human rights of all Nepalese is the right course of action. It is the right course of action as a matter of law, as a matter of justice and as a matter of common sense. I trust that the parties to the current conflict will have no difficulty in expressing publicly that they share my conviction, and will act accordingly.

Thank you.

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