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Nepal
in Crisis 2006: Human Rights
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| Time
for King to Relinquish Power: Wave of Repression in Year Since Coup |
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February
2006, HRW
(New
York, February 1, 2006) - One year after King Gyanendra unilaterally assumed
full executive authority, the human rights situation in Nepal has dramatically
spiraled downwards, Human Rights Watch said today. It called on the king
to return power to an elected civilian government and to resume the role
of constitutional monarch assigned to him by the constitution.
"
While King Gyanendra says he is committed to multi-party democracy and
constitutional rule, his actions show that he plans to remain in power.
It is time for him to step aside and allow the country's political parties
and civil society to work to end the crisis. "
Brad
Adams, Asia director at Human Rights Watch. Since the king's coup on February
1, 2005, government military and security agencies have summarily suspended
or ignored civil and political rights, and continued to engage in the practice
of "disappearances," marking Nepal as the country with the highest number
of cases reported to the United Nations. Security forces arbitrarily arrested
over 3,000 political activists, journalists, and students. Conflict-related
civilian casualties continued at the same pace as before the coup, with
the exception of a four-month ceasefire unilaterally declared by the Maoists
that ended on January 2. Security forces killed more than 1,000 people
over the last year, including civilians, while Maoists were responsible
for at least 600 deaths. The king issued numerous decrees to overcome the
constitution or legislation that limited his authority.
"While
King Gyanendra says he is committed to multi-party democracy and constitutional
rule, his actions show that he plans to remain in power," said Brad Adams,
Asia director at Human Rights Watch. "It is time for him to step aside
and allow the country's political parties and civil society to work to
end the crisis."
Since
the coup, the political and human rights situation in the country has worsened.
Some of the most severe problems include:
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| Censorship
and Attacks on the Media |
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The
new government has systematically attacked the media through censorship
and oppressive laws, making free press in Nepal virtually obsolete. Reporters
Without Borders reported at least 273 cases of arrests of journalists and
569 cases of censorship in 2005 occurred in Nepal - half of the total cases
of censorship reported worldwide. On October 9, the king issued a media
ordinance banning any news broadcast on radio. In addition, the ordinance
affects other forms of media as well. The right of political parties to
provide information on their programs during election periods was weakened
without explanation. Journalists' licenses can be cancelled summarily and
defamation provisions that include harsh criminal penalties have been extended
to cover broadcast media.
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| Attacking
Civil Society |
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In
November, the government issued a Code of Conduct for Social organisations.
It prohibits any activity endangering "social harmony" and bars staff of
nongovernmental organisations from having political affiliations, preventing
all politically active persons from NGO work. It also attempts to control
the places NGOs can work and makes all staff of an NGO legally responsible
for its activities, even if an individual is not involved in that activity.
Such provisions violate international legal protections for freedom of
expression and freedom of association. The Code can be used to curtail
the work of human rights workers and organisations that have been documenting
abuses in spite of sustained attacks against them since the coup.
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| Arbitrarily
Limiting Political Activity |
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Rights
of assembly and association have been suspended. Signs of dissent have
led to swift and arbitrary arrests. Opposition politicians have been branded
as "terrorists," and the constitution itself was declared an "obstacle"
by the Deputy Vice Chairman of the King's Council of Ministers, Tulsi Giri.
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| Ending
the Independence of the National Human Rights Commission |
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The
commission had spearheaded investigations into violations of international
human rights and humanitarian law by the government and Maoist rebels.
After the coup, the government set up a new body to appoint commission
members and staffed it with persons sympathetic to the king. In a continued
effort to sideline the commission, the government also set up a parallel
nine-member Human Rights Committee.
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| Sidelining
the Judiciary |
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Nepal's
judiciary was gravely weakened after the coup, as senior judges came under
pressure to support the government takeover and many lawyers who challenged
arbitrary government action faced harassment and even arrest. The security
forces continue to ignore judicial orders to release those detained. Nepali
human rights groups have documented some 60 cases of people who were rearrested
immediately after they were ordered released by the courts.
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| Failing
to Protect Civilians from the Insurgency |
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Despite
justifying the coup on the pretext of trying to curtail the ten-year-old
insurgency, the king failed to improve protection of civilians, particularly
those in the countryside, caught in the armed conflict between the government
and the Maoists. Nepalis have no judicial or other protective remedies
from the atrocities committed by both sides. The Maoists declared a unilateral
ceasefire on September 3, leading to a decline in atrocities. The government
did not reciprocate the ceasefire leading the Maoists to resume hostilities
after four months and launch a series of coordinated attacks on urban areas,
including Kathmandu. Nepali human rights groups documented at least 66
people killed in the month after the ceasefire ended.
"If
the purpose of the coup was to end the Maoist insurgency, then it has been
a failure," said Adams. "The insurgency shows no signs of abating, and
the government's security forces seem as far from a military victory as
ever."
In
an attempt to give a legal sheen to the new system, the king's imposed
government quickly put in place ordinances granting itself wide powers
to sweep aside all legal challenge. Although the state of emergency was
lifted in April, the Kathmandu District Authority then issued an order
against public gatherings, meetings, or any kind of protest in public spaces
and on roads. Local officials were also given the authority to intervene
in any "political program" involving more than two people.
"New
laws cannot hide the fact that the constitution has been peremptorily put
aside," said Adams. "There is no way out of this crisis but a return to
constitutional and representative rule."
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| Background |
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Although
King Gyanendra suspended elected government on October 4, 2002, he maintained
a veneer of democratic governance by appointing cabinets comprised of members
of the main political parties. However, on February 1, 2005, the king declared
a state of emergency and announced his assumption of full executive authority,
and appointed a cabinet comprised largely of members of the pre-democratic
Panchayat party. In a fiercely dramatic display of authority, he shut down
the airport, closed off all fixed and mobile telephone lines and internet
services, and ordered military oversight of all media. All FM radio stations,
often the only source of information in the mountainous country, were shut
down. Any news items portraying the king's acts or acts by other members
of The Former Royal Family in a negative light were expressly forbidden.
During
the past year, the country's most senior active political leaders, including
Sher Bahadur Deuba, the dismissed Prime Minister and chairperson of the
Nepali Congress (Democratic) party; Madhav Kumar Nepal, secretary-general
of the (mainstream and non-violent) Communist Party of Nepal-UML; and Girija
Prasad Koirala, chairperson of the Nepali Congress Party, were placed under
house arrest. While under house arrest, they were not allowed to receive
guests, read newspapers, listen to the radio or television, or make phone
calls. In addition, hundreds of local political leaders, human rights defenders
and student activists were arrested throughout the country.
| Country
Summary Nepal |
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January
2006, HRW
 |
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| The
human rights situation in Nepal worsened markedly in 2005. On February
1 King Gyanendra staged a coup against the civilian government, which he
claimed was a necessary step to tackle the nine-year-old Maoist insurgency.
Security forces arrested all leaders of major political parties.
Authorities
severed all communications links within Nepal and with the outside world.
Many civil and political rights, including freedom of movement and freedom
of assembly, were suspended. |
|
Approximately
three thousand political, human rights, and student activists were detained
for months after the coup. The crackdown forced many human rights defenders
to leave the country and others to curtail their work. After months of
internal bickering, the political parties in September 2005 organized a
series of protests against the king's usurpation of power. However, a renewed
clampdown on the press towards the end of 2005 demoralized the political
opposition and the otherwise vibrant and defiant media.
Despite
the king's promise to resolve the civil war, the conflict continued with
the same brutal intensity until September 2005, when the Maoists declared
a unilateral ceasefire. The government said that it doubted the sincerity
of the ceasefire and at this writing had not reciprocated. In spite of
renewed commitments to abide by international standards, both sides continue
to engage in serious violations of international humanitarian law. The
establishment of a U.N. human rights office has generated some hope that
the tide of abuses might be curtailed through vigorous monitoring and public
censure of violations.
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Full
story ... |
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Human
Rights Watch World Report 2006
The
Human Rights Watch World Report 2006 contains information on human rights
developments in more than 60 countries in 2005. Mouse over the map or view
the regional listings below for country information.
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PDF-File
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| Source:
Human Rights Watch 2006 |
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HRW
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