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Human Rights
OHCHR: UN commission adopts Nepal rights resolution
April 19, 2005
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A Swiss resolution demanding that democracy and individual freedoms be re-established in Nepal has been accepted at the United Nations in Geneva.

The organisation's top human rights body accepted the resolution without voting and called on Nepal to restore multiparty democracy and civil and political rights suspended under emergency measures.

The 53-nation commission also accused Nepal's Maoist rebels of unlawful killings, rape and recruiting large numbers of child soldiers. The commission called on Nepal to "reinstate immediately all civil and political rights, to cease all state of emergency related and other arbitrary arrests [and] to lift the far-reaching censorship".

Urging an investigation, it expressed concern at allegations of violations by security forces, including "unlawful killings, all forms of sexual violence, forced displacement and disappearances".

Swiss representatives began talks about a resolution at the beginning of the commission's annual six-week meeting on March 14. On April 10, the Nepalese authorities and the commission agreed on the deployment of observers. According to diplomats, government abuse intensified after the king declared the state of emergency, accusing politicians of bickering amongst themselves and failing to fight the Maoists.

Switzerland dropped plans to censure Nepal after the accord. The Swiss had been leading a group of donor nations demanding a report on human rights violations. The Nepalese government has agreed that the office of the High Commissioner for Human Rights should send observers to monitor respect for human rights in the country and help bring abusers to justice.

Switzerland is expected to provide financial and technical assistance to the observers in Nepal, who should make their report at the commission's next session.

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OHCHR: CONCERNED ABOUT SITUATION IN NEPAL
News Release February 08, 2005
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The following statement was issued today by nine United Nations human rights experts, whose names appear below:

"We are deeply concerned at the actions taken by King Gyanendra of Nepal to dissolve the constitutional Government of Prime Minister Sher Bahadur Deuba and to assume direct power; proclaim a nation-wide state of emergency and suspend constitutional guarantees and civil and political liberties. We express particular concern with regard to the wave of arrests and detentions following the Royal Proclamation on 1 February 2005 of the state of emergency and the King's takeover.

It is reported that all members of the cabinet have been put under house arrest and troops deployed around the homes of leaders of political parties. Fundamental rights provisions contained in Articles 12 (2) (a), (b) and (c); Article 13 (1) and Articles 15, 16, 17, 22 and 23 of the Constitution of Nepal have been suspended, including those enshrining the freedoms of opinion, expression, association and assembly. The wave of arrests has spread from top political leadership to upper and middle-level cadres and student leaders who have been taken into custody at the Armed Police Force Headquarters in Kathmandu. Human rights defenders and potential critics of the new regime are also under threat and have, reportedly, either been arrested or gone into hiding to avoid arrest.

According to recent reports, media offices are being occupied. Military censorship has been put into place in the written press and on the airwaves. FM radio stations have been instructed to play music only. News bulletins transmitted by other media are only allowed to contain information which originates from the national security agencies. Phone lines and email systems running through them have been cut.

The wave of arrests and detentions and the actions against the media are a serious setback for the country. Consequently, we call upon the Government of Nepal to reaffirm the basic principles of the rule of law, democracy, and supremacy of the Constitution, as well as to guarantee basic human rights for all its citizens, including the right to life; to physical and psychological integrity; to liberty; to security, and to the freedoms of opinion, expression, association, assembly and movement. In particular in the current context, freedom from arbitrary detention and the right to petition the Supreme Court in habeas corpus proceedings should be scrupulously respected.

We consider that steps should be taken to reinstall democratic institutions and to protect Nepalese citizens and their representatives; as well as human rights defenders; journalists; lawyers and political leaders. In addition, measures should be implemented to put an end to the climate of impunity prevailing in the country for serious human rights violations, crimes and abuses committed in the past."

The experts are:
Leandro Despouy, Special Rapporteur on the Independence of Judges and Lawyers; Yakin Ertük, Special Rapporteur on Violence against Women, its causes and consequences; Hina Jilani, Special Representative of the Secretary General on Human Rights Defenders; Ambeyi Ligabo, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Manfred Nowak, Special Rapporteur on the question of torture; Diane Orentlicher, Independent Expert to update the set of principles to combat impunity; Rodolfo Stavenhagen, Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people; Stephen J. Toope, Chairman-Rapporteur of the Working Group on Enforced or Involuntary Disappearances; and Leïla Zerrougui, Chairperson-Rapporteur of the Working Group on Arbitrary Detention.

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HIGH COMMISSIONER FOR HUMAN RIGHTS EXPRESSES CONCERN OVER DEVELOPMENTS IN NEPAL
News Release February 01, 2005
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The following statement was issued today by United Nations High Commissioner for Human Rights Louise Arbour:

"I have learned with serious concern of the decision taken today by King Gyanendra of Nepal to dismiss the Government of Prime Minister Sher Bahadur Deuba and to assume direct power. I also understand that a state of emergency has been declared, and that the members of the cabinet are under house arrest.

Nepal is already in the midst of a human rights crisis, which has been compounded in recent years by the absence of a parliament and a democratically elected Government. Democracy offers the most conducive environment for the promotion and protection of human rights in any country. In his Proclamation to the Nation yesterday, King Gyanendra emphasized his "belief that upholding human rights not only preserves and promotes democratic values but also enhances the way of life and civilisational values commensurate with the twenty-first century". When I met the King during my visit to Nepal last week, he reaffirmed his unequivocal commitment to human rights, democracy and multiparty rule. Along with all other friends of Nepal, I now look to His Majesty to live up to his stated commitment to these fundamental principles, and ensure that the democratic institutions of the State are reinstalled without delay. Nepal's vibrant civil society, especially its human rights defenders and media, play a crucial role in the country's quest for democracy. Their ability to continue their indispensable work, freely and safely, must be ensured.

Finally I wish to recall that Nepal is a party to all key human rights instruments, and is as such obliged to ensure the enjoyment of the rights contained therein by its people. The core of these human rights cannot be suspended under any circumstances, not even during a state of emergency".

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