By: Jessica Ties
Impunity Watch, Asia
KATHMANDU, Nepal – A report by Human Rights Watch expressed concern that children living with disabilities in Nepal are denied access to education.
Sixteen-year-old student, Amman, is forced to crawl up the steps to reach his classroom each day (Photo Courtesy of Human Rights Watch).
Sixteen-year-old student, Amman, is forced to crawl up the steps to reach his classroom each day (Photo Courtesy of Human Rights Watch).
Contributing to this concern is the inaccessibility of school structures, lack of instructors who are properly trained to accommodate children with disabilities and neighborhood schools denying admission to disabled children.
These factors result disproportionately in low school attendance and high dropout rates for disabled children when compared to children who do not suffer from a disability. According to Education Ministry officials, disabled students comprise a significant number of the almost 330,000 students who are not in school despite being school aged.
Shantha Rau Barriga of Human Rights Watch reports, “[t]ens of thousands of children with disabilities in Nepal are being shut out from or neglected by the school system.” Barriga also states that these failures exist despite a national policy of inclusive schools.
According to the Human Rights Watch report, “Futures Stolen: Barriers to Education for Children with Disabilities in Nepal” which is based on 97 interviews, more than half the interviewed families of disabled children stated that their children had been denied admission to schools and many of the parents were not even made aware that their children had the right to an education.
The inability of parents to enroll their children in schools has prompted some parents to state that they have “…no choice but to lock their children with disability in a room or tie them to a post” according to the report.
One parent reported to Human Rights Watch that she would be unable to care for her other child and manage the household if she had to constantly care for her disabled child and therefore locks him in a room, only letting him out one or two times a day to see the sun.
The problem facing Nepal’s disabled children also extends to those who manage to attend school. Classes are often segregated and the classes offered to disabled students are generally inferior to classes attended by children who are not disabled.
In one case, Nepal’s failure to take into account differences in learning ability caused a fifteen year old boy to spend three years in Class one, three years in Class two and then one year in Class three. Despite the time spent in school, the student reports that he still does not know the alphabet and only passed because teachers began to take exams for him.
The inaccessible structure of schools also contribute to the difficulties disabled children face. One student interviewed by Human Rights Watch, a sixteen year old named Amman, reported that he is forced to crawl to his classroom because the school entrance has steps that he is unable to access any other way and no other entrance to the school. He is also unable to use the restroom without assistance and because staff is unwilling to help him, another student must either run home to get his mother or he must wait until the end of the school day.
The extent of the problem is unknown because there is no reliable data about the number of children who have a disability but it is estimated that between .45 percent and 1.63 percent of Nepal’s child population is living with at least one disability.
These failures come despite Nepal’s ratification of the UN Convention on the Rights of Persons with Disabilities on March 1, 2008.
For more information, please see:
Wednesday, August 31, 2011
concerns over impunity
Concerns over impunity
BIRATNAGAR, AUG 25 -
The Office of the High Commissioner for Human Rights (OHCHR) Nepal has expressed serious concerns over pervasive and widespread impunity in Nepal.
During a press meet in Biratnagar on Thursday, OHCHR Nepal head Jyoti Sanghera said violence against women, human rights violations and violent crime are growing in the country.
She said the recent brutal attacks and intimidation against journalists, police personnel as well as their families were indicative of the grave situation of impunity in Nepal. “I have been told that people are issuing threats and taking up violence because they know that they will not be punished and held accountable,” she added.
The OHCHR respects the concerns voiced recently by a delegation of senior editors to the prime minister about the the threats to journalists and freedom of expression, she said, adding that during her Biratangar visit many people told her that political forces have been protecting criminals and sheltering offenders.
Posted on: 2011-08-26 07:58
http://www.ekantipur.com/the-kathmandu-post/2011/08/25/nation/concerns-over-impunity/225563.html
BIRATNAGAR, AUG 25 -
The Office of the High Commissioner for Human Rights (OHCHR) Nepal has expressed serious concerns over pervasive and widespread impunity in Nepal.
During a press meet in Biratnagar on Thursday, OHCHR Nepal head Jyoti Sanghera said violence against women, human rights violations and violent crime are growing in the country.
She said the recent brutal attacks and intimidation against journalists, police personnel as well as their families were indicative of the grave situation of impunity in Nepal. “I have been told that people are issuing threats and taking up violence because they know that they will not be punished and held accountable,” she added.
The OHCHR respects the concerns voiced recently by a delegation of senior editors to the prime minister about the the threats to journalists and freedom of expression, she said, adding that during her Biratangar visit many people told her that political forces have been protecting criminals and sheltering offenders.
Posted on: 2011-08-26 07:58
http://www.ekantipur.com/the-kathmandu-post/2011/08/25/nation/concerns-over-impunity/225563.html
CHR-N says brutal attacks, intimidation against journos signal grave situation of impunity in Nepal
HCHR-N says brutal attacks, intimidation against journos signal grave situation of impunity in Nepal
Head of the United Nations Office of the High Commission for Human Rights in Nepal (OHCHR-N) Jyoti Sanghera has expressed concern over the grave situation of impunity in Nepal.
“The recent brutal attacks and intimidation reported against journalists, and even the police as well as their families, are indicative of the grave situation of impunity in Nepal, “ Sanghera said at a press briefing organised Thursday after the end of her two-day visit in eastern Nepal town of Biratnagar . “I have been told that people are able to make threats and use violence because they know that they will not be punished nor be held accountable.”
The objective of her visit to Biratngar was to recognise and support the efforts made by journalists, the National Human Rights Commission (NHRC), human rights defenders and the authorities in Morang district to protect journalists and their right to freedom of expression.
“One of the serious concerns repeatedly raised during my visit is the growth of pervasive and widespread impunity. Impunity for Violence against Women (VAW), impunity for human rights violations and impunity for violent crime,” she added.
The chief of OHCHR-N, however, praised the courage of all those including journalists who, despite the evident dangers, are willing to speak out, appreciating the strength of their conviction that the only way to have crimes addressed is through the rule of law.
“Many of those we have spoken with agree on the importance of fostering an impartial environment in which the police and the justice system can function without interference – including to protect victims from further threats, and to punish individuals found to have violated the law,” she said, adding that OHCHR also supports the concerns voiced recently by a delegation of senior editors to the Prime Minister, about the seriousness of the threats to journalists and to freedom of expression.
Sanghera also expressed satisfaction with the professionalism displayed by the Nepal Police in its response to the recent threats and attacks directed at journalists.
“Unfortunately many here have also told me that political forces are protecting the criminals and sheltering the perpetrators,” she added. She also welcomed the recent remarks by key political actors voicing support for the rule of law and promising to prevent interference by political affiliates in criminal cases presently under review.
“It is very important that criminal allegations are addressed through the due process of the law. Indeed that is what so many Nepalis are calling for,” said the OHCHR head. nepalnews.com
http://nepalnews.com/home/index.php/news/19/12690-ohchr-n-says-brutal-attacks-intimidation-against-journos-signal-grave-situation-of-impunity-in-nepal.html
Head of the United Nations Office of the High Commission for Human Rights in Nepal (OHCHR-N) Jyoti Sanghera has expressed concern over the grave situation of impunity in Nepal.
“The recent brutal attacks and intimidation reported against journalists, and even the police as well as their families, are indicative of the grave situation of impunity in Nepal, “ Sanghera said at a press briefing organised Thursday after the end of her two-day visit in eastern Nepal town of Biratnagar . “I have been told that people are able to make threats and use violence because they know that they will not be punished nor be held accountable.”
The objective of her visit to Biratngar was to recognise and support the efforts made by journalists, the National Human Rights Commission (NHRC), human rights defenders and the authorities in Morang district to protect journalists and their right to freedom of expression.
“One of the serious concerns repeatedly raised during my visit is the growth of pervasive and widespread impunity. Impunity for Violence against Women (VAW), impunity for human rights violations and impunity for violent crime,” she added.
The chief of OHCHR-N, however, praised the courage of all those including journalists who, despite the evident dangers, are willing to speak out, appreciating the strength of their conviction that the only way to have crimes addressed is through the rule of law.
“Many of those we have spoken with agree on the importance of fostering an impartial environment in which the police and the justice system can function without interference – including to protect victims from further threats, and to punish individuals found to have violated the law,” she said, adding that OHCHR also supports the concerns voiced recently by a delegation of senior editors to the Prime Minister, about the seriousness of the threats to journalists and to freedom of expression.
Sanghera also expressed satisfaction with the professionalism displayed by the Nepal Police in its response to the recent threats and attacks directed at journalists.
“Unfortunately many here have also told me that political forces are protecting the criminals and sheltering the perpetrators,” she added. She also welcomed the recent remarks by key political actors voicing support for the rule of law and promising to prevent interference by political affiliates in criminal cases presently under review.
“It is very important that criminal allegations are addressed through the due process of the law. Indeed that is what so many Nepalis are calling for,” said the OHCHR head. nepalnews.com
http://nepalnews.com/home/index.php/news/19/12690-ohchr-n-says-brutal-attacks-intimidation-against-journos-signal-grave-situation-of-impunity-in-nepal.html
Nepal: New Maoist government ignoring civil war missing
No speeches or ceremonies were held yesterday to mark World Disappearance Day. During the country’s civil war, Maoist guerrillas were responsible for the disappearance of more than 200 people. This could jeopardise Maoist party’s rehabilitation by the United States.
Kathmandu – Nepal’s new Maoist government has failed to remember the people who went missing during the country’s civil war. In fact, nothing was done to mark World Disappearance Day. A United Nations human rights official has criticised Prime Minister Bhattarai for this attitude, noting that impunity is becoming the norm in more and more cases. A United States proposal to remove Nepal’s Maoists from a list of terrorist movements is thus in jeopardy.
In a report by the Informal Sector Service Centre (INSEC), 831 people disappeared during 11 years of civil war between royalist forces and anti-government Maoist guerrillas, 210 allegedly taken by the latter. In addition, the report includes only the cases that were recorded and for which there is evidence. “But hundreds of other cases are still unknown,” INSEC president Subodh Raj Pyakurel said.
Despite the creation in 2007 of the Truth and Reconciliation Commission, based on cooperation with the United Nations, Maoists and Communists have refused to hand over their own members involved in alleged crimes committed during the civil war.
Since the fall of the monarchy, only the Unified Communist Party of Nepal-Maoist and the Nepal Communist Party have held power in the country.
Raju Thapa, secretary general of the Centre for Peace and Conflict (CEPCOM), has accused the leftwing governments that have ruled Nepal since the end of the civil war of creating a climate of impunity in order to protect their leaders and ideology. For instance, under the Communist-led government, 309 missing person cases have been dismissed, whilst another 282 were thrown out under the Maoist administration.
During Nepal’s 11-year civil war, the royalist army and Maoist guerrillas fought for power. The conflict ended when the Nepali armed forces and Maoists signed an agreement on 21 November 2006 under United Nations auspices with the approval of the international community.
About 12,800 people were killed during the war and another 100,000 were displaced. In the overall climate of insecurity, both the Nepali armed forces, which controlled the cities, and Maoist guerrillas, which ruled much of the countryside, committed crimes against the civilian population. Many dissidents went missing, as did those who complained about their disappearance.
Source: Asia News
http://www.speroforum.com/a/59537/Nepal---New-Maoist-government-ignoring-civil-war-missing
omments
Dear Editor,
Thanks ! You have published this very analitical analysis on the Nepalese Maoist. Yes ! Maoist leader Dr,Baburam Bhattarai became the PM of Nepal. But,we Nepalese people have no expection on the Maoist's regime.Because,The Maoist is harboring anarchy by violating democratic norms and attacking state institutions on all fronts. It proves Maoists are giving lip-service to democracy but they are not committed to establish democratic situation. They are trying to attain absolute power by creating anarchy. The Maoist strategy is to capture state power and to establish Maoist-rule. So, Maoist are destabilizing and weakening all the established Nepalese organs with the view of reconstructing them. The Congress, UML and other parties cannot escape from being the target of the Maoists.
The Times of India has recently wrote- 'JNU scholar becomes Nepal's new Maoist PM, though a moderate who has advocated maintaining friendly relations with India and focusing on peace instead of beginning yet another armed revolution, Bhattarai will also have to work hard to assure India that his government will not be hostile to the southern neighbor.' Now, it is exposed what the India wants. One year ago, Maoist Chairman Prachanda had said Baburam Bhattarai is the agent of India. So, in the context of Nepalese nationality, the new PM of Nepal Dr. Babauram Bhattarai is very suspicious.
Many Indian blogs have well explained reality of Dr Bhattarai and his mentor Prof Muni. 'Mr. S.D. Muni is considered to be the mentor of Nepalese leaders, more so those of the Maoists. With Muni’s active maneuvering, Prachanda not only reinstated Bhattarai to his initial position but later hailed India for their support on peaceful settlement in Nepal. Mr. Muni is supposed to be an undeclared advisor of the South Block establishment and is concurrently presumed to be close to the RAW (Indian Intelligence)- who has been told to keep “eyes” especially on Nepal. High placed sources have told the telegraphnepal.com that Muni has been especially sent by the South Block mandarins here to monitor the Chinese influence.-(India sends anti-china scholar to Nepal July 1, 2007 by naxalite). Similarly a scholar Momin Iftikhar said- 'Baburam Bhattarai, is high ranking leader of the Maoist, had a meeting in Delhi with the leader of Communist Party of India (M) Prakash Karat, under the chaperonage of RAW. If these indication in Nepal are geared towards making of a Sri lanka to Nepal.' ( Search Google > Baburam Bhattarai RAW )
So, since 2006, he has been pleading the poisonous agendas- ethnicity based federalism, secularism and republic which was guided by RAW and CIA. These poisonous agendas are not the real issues of Nepal. Then how can he implement these suicidal agendas? I think there are so many problems that there will be no the consensus to complete the peace process and the drafting of a constitution among the parties. Another major sticking point is how to integrate thousands of Maoist fighters housed in camps since the nation's civil war ended in 2006. It was the proposal to integrate them into the Nepal Army. Nepal's Army officers distrust them and have serious despute. Dr. Baburam Bhattarai, so called qualified writer seems an extremely controversial. So, I suggest him to think the future of Nepalese unity, peace and to keep intact the national identities.
The Mother Nepal has been suffering from four major diseases; 1) Corruption, 2) Cancer, 3) Christianity and 4) Communist (the communist that signed the 12-point pact in New Delhi 0n 22 November 2005). Congress, UML, Maoist including other political leaders, under the guidance of Moist leader Baburam Bhattarai who was directed by Indian intelligence wing ‘RAW’. Congress leader Girija, UML leader Madhab Nepal, Maoist leader Prachanda signed the 12 point pact on 22 November 2005 and by accumulation of adequate resources launched the people’s uprising in 2006, embarking on Nepal’s destruction. Dr. Baburam Bhattarai was one of the active designer of 12 point agreement by the hints of RAW's strategic SD Muni. Now see Baburam Bhattarai has become the Prime minister of Nepal- 29 Aug. 2011.
An energetic international analyst Ms. Sudeshna Sarkar writes- New Delhi was far more enthused over the election of Baburam Bhattarai as Nepal’s new prime minister than over the formation of the first Maoist government three years ago. With Bhattarai becoming the 35th prime minister of Nepal, who was educated in Chandigarh and Delhi and enjoying good rapport with India’s leftist intellectuals and politicians, Bhattarai is regarded as being positive towards India, at a time the hawks in his party wanted an armed war against the neighboring country'.
In current affairs, the serious mistake of Dr. Baburam Bhattarai is to join hands with the Medheshi leaders. A four-point deal between the Maoists and the Terai-based Madhesi front will be the cause of political downfall of Dr. Bhattarai. The nationalist front of the Maoist leader Mohan Baidhya also is not supporting this anti-nationalist four-point agreement. Since 2006, due to the traitors' regime, the situation of Nepal is getting worse day by day. Some Tarai-based groups are demanding- 'One Madhesh One Province' which is never feasible and acceptable for good governance for the Tarai people. Geographically, ethnically, linguistically and socially the people can't be integrated in One Province. For example, Maithili, Bhojpuri, Abadhi, Tharu, Rajbanshi, Dhimal and Nepali are among the dominant languages which are in use in different places. It is an annoyance for Hill-origin people as well as the indigenous tribes. Because of the different linguist groups, ‘Nepali’ has become lingua-franca (communicative language) from many years.
Every citizens and castes in Tarai are furious because some culprit minds want to introduce Hindi to eliminate all the rich and old languages and rich culture of our Tarai people. One should not forget that it is necessary to destroy religion, culture, languages and way of life of the people to disintegrate country. So, the antinationalists want to finish Tarai people's language, culture and way of life by introducing the Hindi language- inducing the Indian dominance. In order to protect the language & culture every nationalist Tarai people should be aware of it. In fact the people have no power and are ignored by the culprit leaders. In such situation, can Baburam Bhattarai implement these suicidal agendas? So, how we can expect, Dr. Baburam Bhattarai will success in his premiership? He is an aggressive communist guided by RAW. Due to his destructive anti-nationalist agendas, he will get fizzle out. If effective action are not taken all the situations would further be deteriorated.
Almost the so-called politicians create havoc all over. They promised to build a bridge even where there is no river. Similarly, the logo of PM's using-Mustang motor is made Nepal, but all the parts are Indian. The bluffing can't give the good message. There should be the production of every necessary materials needed for the people in the country. If we don't drive our industries, we will be driven out of productions.
Remember the quotation. 'A leader who doesn't hesitate before he sends his nation into battle is not fit to be leader.'
So, it is a very serious and challengeable time for Dr. Baburam Bhattarai how to relief from all the blaming and obstacles. The first question is that Dr. Baburam Bhattarai is not free. He is in tape of Madeshi leaders. It indicates the future fate of Maoist PM.
We Nepalese people want-Monarchical democratic-Sovereign Nepal with Hindu Kingdom.
Thank you
Dirgha Raj Prasai
Political Analyst-Nepal.
Council urged to learn from situation in Nepal on Impunity
Council urged to learn from situation in Nepal on Impunity
Tuesday, 30 August 2011, 9:22 am
Press Release: ALRC
The Asian Legal Resource Center (ALRC) recalls the "Updated Set of principles for the protection and promotion of human rights through action to combat impunity"[1] and urges the Human Rights Council to strengthen its capacity to address impunity. The impunity enjoyed by the majority of perpetrators of human rights violations in the Asian region is a clear indicator of the necessity for concerted action by the Council.
The situation in Nepal is illustrative of many of the challenges faced in post-conflict contexts. The problem of impunity in Asia is not restricted to post-conflict or post-dictatorship situations, but blights the majority of States in the region, including those that have an ostensibly democratic governmental system. Action taken by the Council concerning impunity must, as a minimum, be effective in addressing violations in conflict and post-conflict affected societies, but must also be capable of addressing the root causes and institutional failings that enable systems of impunity.
Nepal is struggling to address impunity for a range of grave violations committed during its decade-long conflict as well as the period since the Comprehensive Peace Agreement (CPA) was signed by the government and the Maoists in 2006. The OHCHR’s office in Nepal has been significant in preventing a range of abuses, such as forced disappearances, since it was established. However, the Nepalese authorities have failed to establish a functioning justice system to investigate and prosecute past and ongoing violations, due to a protracted political stalemate that has obstructed institution-building and prolonged impunity.
The 2006 CPA comprised the following articles, which reflect approaches suggested by the Set of principles. Five years on, these have yet to be implemented:
• Publication of the names of the persons killed or disappeared within 60 days (Article 5.2.3)
• Formation of a national Peace and Rehabilitation Commission to provide relief support to conflict victims (5.2.4)
• Formation of a high-level Truth and Reconciliation Commission to investigate conflict-era crimes against humanity and gross human rights violations (5.2.5)
• Commitment to investigate and prosecute human rights violations and guarantee not to foster impunity (7.1.3)
These commitments were upheld in the 2007 Interim Constitution. However, the Nepalese authorities have failed to carry out appropriate institutional reforms necessary to establish a system that fosters truth and accountability. Not a single perpetrator of grave human rights violations - such as arbitrary detention, rape, torture, forced disappearances and extra-judicial killings - has been held accountable, which in turn fails to create conditions to prevent the recurrence of violations.
Non-cooperation by parties to the conflict: Both the Army and the Maoists have resisted attempts to hold their personnel accountable and refused to cooperate with police investigations. Both have tampered with evidence, pressured the police, threatened witnesses, victims or their families, or simply refused to provide any information, and have remained above the law.
Failing transitional justice: transitional justice institutions are yet to be established, and instead now serve as excuses to postpone concrete action to combat impunity. The government has repeatedly stated that cases cannot be investigated by other entities, including the regular justice system and the National Human Rights Commission (NHRC), until the TRC has been created; an argument with no legal basis. The police consequently frequently refuse to file cases concerning conflict-era violations.
Legislation establishing the TRC and Commission on Enforced Disappearances has been drafted but remains pending before the Parliament, with no government timeframe for its adoption. The draft legislation prohibits amnesties for human rights violations, but the political parties have tabled a number of amendments targeting this prohibition which, if successful, would render the commissions meaningless. The commissions will not have prosecutorial powers, suggesting that the primary responsibility to undertake investigations and prosecutions concerning conflict-related human rights violations remains with the regular justice system, contradicting the government’s position.
Reforms lacking: action to reinforce the criminal justice system to ensure that "those responsible for serious crimes under international law are prosecuted, tried and duly punished," as outlined in principle 19 of the Set of principles, is lacking, resulting in a failure by the State to ensure the right to truth, both individual and collective, the right to justice, and the rights to reparation and redress for conflict victims. While Nepal's justice system has been hindered by the conflict, the lack of financial and human resources, ongoing political instability and the high level of corruption, the greatest challenge remains the lack of political will to conduct reforms. During the transition phase, efforts must concentrate on strengthening the criminal justice system, enabling it to effectively prosecute human rights violations, in particular by strengthening courts, the police and the Public Prosecutor and Attorney General's offices.
Toothless courts: since the conflict, the Supreme Court has passed a series of landmark judgments ordering immediate investigations into violations and prosecutions of those responsible. It has also repeatedly found that commitments to transitional justice mechanisms do not supersede the role of the regular justice system. During Nepal's Universal Periodic Review in January 2011, the government lauded the judiciary’s independence, but continues to ignore its orders and findings, as do members of the military, police forces and the Maoists.
Defective policing: Nepal's police is crippled by high levels of corruption and inefficiency. The police argue that they are under significant pressure from influential individuals and local political leaders, but the lack of mechanisms to hold police officers accountable for abuses of power is the key aspect preventing the police from ensuring the rule of law and rights.
Flawed prosecution: The Attorney General's Office has contributed to ongoing impunity, both passively by being lethargic in filing charge-sheets against alleged perpetrators of human rights violations, and actively in approving repeated mass withdrawals of criminal cases instigated by the government. Furthermore, notably at the District level, Public Prosecutors collude with the police to prevent cases from progressing.
Political interference: political pressure by politicians on the police not to investigate cases and to release connected individuals is perhaps the greatest obstacle to due process and efforts to combat impunity in Nepal. Conflict-era cases have been withdrawn en-masse, allegedly because they were filed for "political considerations" and therefore fell under a provision of the CPA providing for the withdrawal of such cases. In October 2008, 349 criminal cases were withdrawn by the Maoist government, which opened the gates for similar moves by subsequent governments. As noted in the OHCHR-Nepal 2011 report to the Human Rights Council, this practice has "expanded to cases occurring after the conflict, with political parties, armed groups and indigenous and ethnic groups demanding that criminal cases against their supporters be withdrawn...The practice has continued despite a Supreme Court interim order in 2008 directing the suspension of further withdrawals." In June 2011, the Maoist Home Minister submitted a proposal to the cabinet to withdraw 300 criminal cases concerning Maoist cadres, including the case of Arjun Bahadur Lama detailed below.
Obstructed NHRC: The NHRC has been seriously weakened by a lack of cooperation by the government. According to the NHRC, only 8.8% of its recommendations have been fully implemented between 2000 and 2010. Furthermore, in July 2011, the government demanded that the NHRC halt its investigations into twenty cases of gross human rights violations, claiming that they fall under the jurisdiction of the TRC.
Examples: 15-year-old girl Maina Sunuwar was tortured to death by military personnel on 17 February 2004. The military has consistently obstructed investigations, threatened witnesses, and tampered with evidence. The police also initially refused to file the case because it concerned the military. On September 8, 2005, a Court Martial ruled that three military personnel were only guilty of not having observed the correct procedures in the disposal of her body. The Army and Defence Ministry are now using the pretext of "double jeopardy" to obstruct justice. On September 18, 2007, the Supreme Court ordered the civilian authorities to carry out investigations within three months and to prosecute the perpetrators. The District Court of Kavre subsequently issued an arrest warrant against four military officers on January 31, 2008. These warrants have still not been executed; three of the accused have been declared missing with no action taken to locate them, while the fourth was repatriated from a UN peace keeping mission in Chad and taken into custody by the Nepal Army who pledged to produce him before court the next day. This never happened. The army declared on July 14, 2010, that an internal investigation had found him innocent of the charges pending against him and no action has been taken since then.
Arjun Bahadur Lama was abducted and murdered by Maoist personnel on April 29, 2005. The Maoists refused to provide information concerning his whereabouts and have instead claimed that he was killed in an army attack. The District Police Office (DPO) repeatedly refused to file an FIR lodged by his widow, arguing that the case fell under the jurisdiction of the TRC In March 2008, the Supreme Court issued a writ of mandamus to the DPO to register the FIR and initiate investigations. However, the police failed to implement the Supreme Court's instruction for 5 months, only registering the FIR on August 11, 2008. Partially due to the refusal by the Maoists to cooperate with the police, the investigation has been ineffective, with no perpetrators having been brought to court. Agni Sapkota, who reportedly ordered the execution of the victim, was promoted within the Maoist party, becoming a Constituent Assembly member. The US and Australian embassies refused him a visa on the grounds of 'serious and specific human rights allegations associated with his conduct during the insurgency. The Maoist party rallied behind Agni Sapkota and publicly accused international human rights organizations of conspiring to defame them. Involved lawyers and human rights defenders have been threatened. Agni Sapkota was nominated Minister for Information and Communication in May 2011, but subsequently removed during a reshuffle.
Conclusion: the above illustrates key challenges raises that the Human Rights Council must address concerning post-conflict impunity. The Council is urged to establish a mechanism that is mandated to monitor the implementation of commitments taken as part of peace agreements, such as the CPA in Nepal. The Council must also have the capacity to monitor actions that aim to undermine such processes, such as the non-cooperation with investigations; political interference, including the mass dropping of criminal cases; and threats or attacks against witnesses, victims and their families, lawyers and human rights defenders working to combat impunity. The Council must assist States in reforming domestic justice systems. The prompt and effective establishment of transitional justice institutions must be monitored, to avoid delays to justice as witnessed in the limbo in Nepal. The ALRC is firmly of the view that while transitional justice institutions have an important role to play in resolving post-conflict societal rifts, they cannot replace the regular criminal justice system as a tool to eradicate impunity, create lasting justice or prevent further abuses
The Asian Legal Resource Centre also takes this opportunity to urge the government of Nepal to step up its efforts to establish transitional justice commissions, to strengthen its criminal justice system and to ensure the cooperation of former parties to the conflict with attempts to hold accountable those responsible for human rights violations. All parties must desist from politically influencing the course of justice. The government is urged to clearly and publicly state that the regular criminal justice system is primarily responsible for establishing accountability for conflict-related and post-conflict human rights violations, and ensure that no pretexts can be used to prevent the investigation and prosecution of cases of human rights violations, regardless of the state of establishment of transitional justice institutions. The government must also support the NHRC in the fulfilment of its mandate, without further obstruction, and ensure the full cooperation with the Human Rights Council’s mechanisms and the OHCHR. All parties are also urged to immediately desist from the practice of mass-removal of criminal cases for political reasons.
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[1] E/CN.4/2005/102/Add.1: http://daccess-ods.un.org/access.nsf/Get?Open&DS=E/CN.4/2005/102/Add.1&Lang=E
About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
Tuesday, 30 August 2011, 9:22 am
Press Release: ALRC
The Asian Legal Resource Center (ALRC) recalls the "Updated Set of principles for the protection and promotion of human rights through action to combat impunity"[1] and urges the Human Rights Council to strengthen its capacity to address impunity. The impunity enjoyed by the majority of perpetrators of human rights violations in the Asian region is a clear indicator of the necessity for concerted action by the Council.
The situation in Nepal is illustrative of many of the challenges faced in post-conflict contexts. The problem of impunity in Asia is not restricted to post-conflict or post-dictatorship situations, but blights the majority of States in the region, including those that have an ostensibly democratic governmental system. Action taken by the Council concerning impunity must, as a minimum, be effective in addressing violations in conflict and post-conflict affected societies, but must also be capable of addressing the root causes and institutional failings that enable systems of impunity.
Nepal is struggling to address impunity for a range of grave violations committed during its decade-long conflict as well as the period since the Comprehensive Peace Agreement (CPA) was signed by the government and the Maoists in 2006. The OHCHR’s office in Nepal has been significant in preventing a range of abuses, such as forced disappearances, since it was established. However, the Nepalese authorities have failed to establish a functioning justice system to investigate and prosecute past and ongoing violations, due to a protracted political stalemate that has obstructed institution-building and prolonged impunity.
The 2006 CPA comprised the following articles, which reflect approaches suggested by the Set of principles. Five years on, these have yet to be implemented:
• Publication of the names of the persons killed or disappeared within 60 days (Article 5.2.3)
• Formation of a national Peace and Rehabilitation Commission to provide relief support to conflict victims (5.2.4)
• Formation of a high-level Truth and Reconciliation Commission to investigate conflict-era crimes against humanity and gross human rights violations (5.2.5)
• Commitment to investigate and prosecute human rights violations and guarantee not to foster impunity (7.1.3)
These commitments were upheld in the 2007 Interim Constitution. However, the Nepalese authorities have failed to carry out appropriate institutional reforms necessary to establish a system that fosters truth and accountability. Not a single perpetrator of grave human rights violations - such as arbitrary detention, rape, torture, forced disappearances and extra-judicial killings - has been held accountable, which in turn fails to create conditions to prevent the recurrence of violations.
Non-cooperation by parties to the conflict: Both the Army and the Maoists have resisted attempts to hold their personnel accountable and refused to cooperate with police investigations. Both have tampered with evidence, pressured the police, threatened witnesses, victims or their families, or simply refused to provide any information, and have remained above the law.
Failing transitional justice: transitional justice institutions are yet to be established, and instead now serve as excuses to postpone concrete action to combat impunity. The government has repeatedly stated that cases cannot be investigated by other entities, including the regular justice system and the National Human Rights Commission (NHRC), until the TRC has been created; an argument with no legal basis. The police consequently frequently refuse to file cases concerning conflict-era violations.
Legislation establishing the TRC and Commission on Enforced Disappearances has been drafted but remains pending before the Parliament, with no government timeframe for its adoption. The draft legislation prohibits amnesties for human rights violations, but the political parties have tabled a number of amendments targeting this prohibition which, if successful, would render the commissions meaningless. The commissions will not have prosecutorial powers, suggesting that the primary responsibility to undertake investigations and prosecutions concerning conflict-related human rights violations remains with the regular justice system, contradicting the government’s position.
Reforms lacking: action to reinforce the criminal justice system to ensure that "those responsible for serious crimes under international law are prosecuted, tried and duly punished," as outlined in principle 19 of the Set of principles, is lacking, resulting in a failure by the State to ensure the right to truth, both individual and collective, the right to justice, and the rights to reparation and redress for conflict victims. While Nepal's justice system has been hindered by the conflict, the lack of financial and human resources, ongoing political instability and the high level of corruption, the greatest challenge remains the lack of political will to conduct reforms. During the transition phase, efforts must concentrate on strengthening the criminal justice system, enabling it to effectively prosecute human rights violations, in particular by strengthening courts, the police and the Public Prosecutor and Attorney General's offices.
Toothless courts: since the conflict, the Supreme Court has passed a series of landmark judgments ordering immediate investigations into violations and prosecutions of those responsible. It has also repeatedly found that commitments to transitional justice mechanisms do not supersede the role of the regular justice system. During Nepal's Universal Periodic Review in January 2011, the government lauded the judiciary’s independence, but continues to ignore its orders and findings, as do members of the military, police forces and the Maoists.
Defective policing: Nepal's police is crippled by high levels of corruption and inefficiency. The police argue that they are under significant pressure from influential individuals and local political leaders, but the lack of mechanisms to hold police officers accountable for abuses of power is the key aspect preventing the police from ensuring the rule of law and rights.
Flawed prosecution: The Attorney General's Office has contributed to ongoing impunity, both passively by being lethargic in filing charge-sheets against alleged perpetrators of human rights violations, and actively in approving repeated mass withdrawals of criminal cases instigated by the government. Furthermore, notably at the District level, Public Prosecutors collude with the police to prevent cases from progressing.
Political interference: political pressure by politicians on the police not to investigate cases and to release connected individuals is perhaps the greatest obstacle to due process and efforts to combat impunity in Nepal. Conflict-era cases have been withdrawn en-masse, allegedly because they were filed for "political considerations" and therefore fell under a provision of the CPA providing for the withdrawal of such cases. In October 2008, 349 criminal cases were withdrawn by the Maoist government, which opened the gates for similar moves by subsequent governments. As noted in the OHCHR-Nepal 2011 report to the Human Rights Council, this practice has "expanded to cases occurring after the conflict, with political parties, armed groups and indigenous and ethnic groups demanding that criminal cases against their supporters be withdrawn...The practice has continued despite a Supreme Court interim order in 2008 directing the suspension of further withdrawals." In June 2011, the Maoist Home Minister submitted a proposal to the cabinet to withdraw 300 criminal cases concerning Maoist cadres, including the case of Arjun Bahadur Lama detailed below.
Obstructed NHRC: The NHRC has been seriously weakened by a lack of cooperation by the government. According to the NHRC, only 8.8% of its recommendations have been fully implemented between 2000 and 2010. Furthermore, in July 2011, the government demanded that the NHRC halt its investigations into twenty cases of gross human rights violations, claiming that they fall under the jurisdiction of the TRC.
Examples: 15-year-old girl Maina Sunuwar was tortured to death by military personnel on 17 February 2004. The military has consistently obstructed investigations, threatened witnesses, and tampered with evidence. The police also initially refused to file the case because it concerned the military. On September 8, 2005, a Court Martial ruled that three military personnel were only guilty of not having observed the correct procedures in the disposal of her body. The Army and Defence Ministry are now using the pretext of "double jeopardy" to obstruct justice. On September 18, 2007, the Supreme Court ordered the civilian authorities to carry out investigations within three months and to prosecute the perpetrators. The District Court of Kavre subsequently issued an arrest warrant against four military officers on January 31, 2008. These warrants have still not been executed; three of the accused have been declared missing with no action taken to locate them, while the fourth was repatriated from a UN peace keeping mission in Chad and taken into custody by the Nepal Army who pledged to produce him before court the next day. This never happened. The army declared on July 14, 2010, that an internal investigation had found him innocent of the charges pending against him and no action has been taken since then.
Arjun Bahadur Lama was abducted and murdered by Maoist personnel on April 29, 2005. The Maoists refused to provide information concerning his whereabouts and have instead claimed that he was killed in an army attack. The District Police Office (DPO) repeatedly refused to file an FIR lodged by his widow, arguing that the case fell under the jurisdiction of the TRC In March 2008, the Supreme Court issued a writ of mandamus to the DPO to register the FIR and initiate investigations. However, the police failed to implement the Supreme Court's instruction for 5 months, only registering the FIR on August 11, 2008. Partially due to the refusal by the Maoists to cooperate with the police, the investigation has been ineffective, with no perpetrators having been brought to court. Agni Sapkota, who reportedly ordered the execution of the victim, was promoted within the Maoist party, becoming a Constituent Assembly member. The US and Australian embassies refused him a visa on the grounds of 'serious and specific human rights allegations associated with his conduct during the insurgency. The Maoist party rallied behind Agni Sapkota and publicly accused international human rights organizations of conspiring to defame them. Involved lawyers and human rights defenders have been threatened. Agni Sapkota was nominated Minister for Information and Communication in May 2011, but subsequently removed during a reshuffle.
Conclusion: the above illustrates key challenges raises that the Human Rights Council must address concerning post-conflict impunity. The Council is urged to establish a mechanism that is mandated to monitor the implementation of commitments taken as part of peace agreements, such as the CPA in Nepal. The Council must also have the capacity to monitor actions that aim to undermine such processes, such as the non-cooperation with investigations; political interference, including the mass dropping of criminal cases; and threats or attacks against witnesses, victims and their families, lawyers and human rights defenders working to combat impunity. The Council must assist States in reforming domestic justice systems. The prompt and effective establishment of transitional justice institutions must be monitored, to avoid delays to justice as witnessed in the limbo in Nepal. The ALRC is firmly of the view that while transitional justice institutions have an important role to play in resolving post-conflict societal rifts, they cannot replace the regular criminal justice system as a tool to eradicate impunity, create lasting justice or prevent further abuses
The Asian Legal Resource Centre also takes this opportunity to urge the government of Nepal to step up its efforts to establish transitional justice commissions, to strengthen its criminal justice system and to ensure the cooperation of former parties to the conflict with attempts to hold accountable those responsible for human rights violations. All parties must desist from politically influencing the course of justice. The government is urged to clearly and publicly state that the regular criminal justice system is primarily responsible for establishing accountability for conflict-related and post-conflict human rights violations, and ensure that no pretexts can be used to prevent the investigation and prosecution of cases of human rights violations, regardless of the state of establishment of transitional justice institutions. The government must also support the NHRC in the fulfilment of its mandate, without further obstruction, and ensure the full cooperation with the Human Rights Council’s mechanisms and the OHCHR. All parties are also urged to immediately desist from the practice of mass-removal of criminal cases for political reasons.
*************
[1] E/CN.4/2005/102/Add.1: http://daccess-ods.un.org/access.nsf/Get?Open&DS=E/CN.4/2005/102/Add.1&Lang=E
About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
Impunity worries UN agency
HIMALAYAN NEWS SERVICE
BIRATNAGAR: The chief of the United Nations Office of the High Commissioner for Human Rights (OHCHR) in Nepal today expressed concern about the state of impunity in the country and maintained that the rights scenario is bleak because the political parties are shielding criminals.
A spurt in the cases of violence against women, attack on mediapersons and death threats to police personnel and their families all point at a burgeoning culture of impunity in Nepal, especially in the eastern region, OHCHR Nepal chief Jyoti Sanghera told mediapersons in Biratnagar.
The UN rights official pledged to hold talks with political parties to bring the criminals to justice and called on the media to pressurise the government to guarantee press freedom.
Criminal elements are on the loose due to rampant politicisation of the society and this is a sign of a country in transition, Sanghera observed and stressed that ending the transitional phase is the only long-term solution.
Sanghera appreciated National Human Rights Commission’s (NHRC) contribution to human rights promotion and protection and said her organisation is ready to provide all possible support to the commission.
She exuded optimism that the new Home Minister will work to end impunity and added that criminals must be brought to book.
Sanghera expressed solidarity with the editors’ demand for the protection of freedom of expression and end to violence against mediapersons.
The United Nations official also called on Deputy Inspector General Surendra Bahadur Shah, Morang Chief District Officer Suresh Adhikari, Morang Police chief Pradhyumna Karki in their respective offices in Biratnagar and took stock of the security situation in the eastern region.
http://www.thehimalayantimes.com/fullNews.php?headline=Impunity+worries+UN+agency&NewsID=300606
OHCHR statement
Victims from further threats, and to punish individual ls found to have
violated the law.
http://nepal.ohchr.org/en/resources/Documents/English/statements/HCR/Year2011/August/2011_08_25_%20OHCHR_Press_Conference%20_in_Biratnagar_E.pdf
ALRC Urges Human Rights Council to Strengthen Capacity to Address Impunity
ALRC Urges Human Rights Council to Strengthen Capacity to Address Impunity
A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status
The Asian Legal Resource Center (ALRC) recalls the "Updated Set of principles for the protection and promotion of human rights through action to combat impunity"1 and urges the Human Rights Council to strengthen its capacity to address impunity. The impunity enjoyed by the majority of perpetrators of human rights violations in the Asian region is a clear indicator of the necessity for concerted action by the Council.
The situation in Nepal is illustrative of many of the challenges faced in post-conflict contexts. The problem of impunity in Asia is not restricted to post-conflict or post-dictatorship situations, but blights the majority of States in the region, including those that have an ostensibly democratic governmental system. Action taken by the Council concerning impunity must, as a minimum, be effective in addressing violations in conflict and post-conflict affected societies, but must also be capable of addressing the root causes and institutional failings that enable systems of impunity.
Nepal is struggling to address impunity for a range of grave violations committed during its decade-long conflict as well as the period since the Comprehensive Peace Agreement (CPA) was signed by the government and the Maoists in 2006. The OHCHR's office in Nepal has been significant in preventing a range of abuses, such as forced disappearances, since it was established. However, the Nepalese authorities have failed to establish a functioning justice system to investigate and prosecute past and ongoing violations, due to a protracted political stalemate that has obstructed institution-building and prolonged impunity.
The 2006 CPA comprised the following articles, which reflect approaches suggested by the Set of principles. Five years on, these have yet to be implemented:
- Publication of the names of the persons killed or disappeared within 60 days (Article 5.2.3)
- Formation of a national Peace and Rehabilitation Commission to provide relief support to conflict victims (5.2.4)
- Formation of a high-level Truth and Reconciliation Commission to investigate conflict-era crimes against humanity and gross human rights violations (5.2.5)
- Commitment to investigate and prosecute human rights violations and guarantee not to foster impunity (7.1.3)
These commitments were upheld in the 2007 Interim Constitution. However, the Nepalese authorities have failed to carry out appropriate institutional reforms necessary to establish a system that fosters truth and accountability. Not a single perpetrator of grave human rights violations - such as arbitrary detention, rape, torture, forced disappearances and extra-judicial killings - has been held accountable, which in turn fails to create conditions to prevent the recurrence of violations.
Non-cooperation by parties to the conflict: Both the Army and the Maoists have resisted attempts to hold their personnel accountable and refused to cooperate with police investigations. Both have tampered with evidence, pressured the police, threatened witnesses, victims or their families, or simply refused to provide any information, and have remained above the law.
Failing transitional justice: transitional justice institutions are yet to be established, and instead now serve as excuses to postpone concrete action to combat impunity. The government has repeatedly stated that cases cannot be investigated by other entities, including the regular justice system and the National Human Rights Commission (NHRC), until the TRC has been created; an argument with no legal basis. The police consequently frequently refuse to file cases concerning conflict-era violations.
Legislation establishing the TRC and Commission on Enforced Disappearances has been drafted but remains pending before the Parliament, with no government timeframe for its adoption. The draft legislation prohibits amnesties for human rights violations, but the political parties have tabled a number of amendments targeting this prohibition which, if successful, would render the commissions meaningless. The commissions will not have prosecutorial powers, suggesting that the primary responsibility to undertake investigations and prosecutions concerning conflict-related human rights violations remains with the regular justice system, contradicting the government's position.
Reforms lacking: action to reinforce the criminal justice system to ensure that "those responsible for serious crimes under international law are prosecuted, tried and duly punished," as outlined in principle 19 of the Set of principles, is lacking, resulting in a failure by the State to ensure the right to truth, both individual and collective, the right to justice, and the rights to reparation and redress for conflict victims. While Nepal's justice system has been hindered by the conflict, the lack of financial and human resources, ongoing political instability and the high level of corruption, the greatest challenge remains the lack of political will to conduct reforms. During the transition phase, efforts must concentrate on strengthening the criminal justice system, enabling it to effectively prosecute human rights violations, in particular by strengthening courts, the police and the Public Prosecutor and Attorney General's offices.
Toothless courts: since the conflict, the Supreme Court has passed a series of landmark judgments ordering immediate investigations into violations and prosecutions of those responsible. It has also repeatedly found that commitments to transitional justice mechanisms do not supersede the role of the regular justice system. During Nepal's Universal Periodic Review in January 2011, the government lauded the judiciary's independence, but continues to ignore its orders and findings, as do members of the military, police forces and the Maoists.
Defective policing: Nepal's police is crippled by high levels of corruption and inefficiency. The police argue that they are under significant pressure from influential individuals and local political leaders, but the lack of mechanisms to hold police officers accountable for abuses of power is the key aspect preventing the police from ensuring the rule of law and rights.
Flawed prosecution: The Attorney General's Office has contributed to ongoing impunity, both passively by being lethargic in filing charge-sheets against alleged perpetrators of human rights violations, and actively in approving repeated mass withdrawals of criminal cases instigated by the government. Furthermore, notably at the District level, Public Prosecutors collude with the police to prevent cases from progressing.
Political interference: political pressure by politicians on the police not to investigate cases and to release connected individuals is perhaps the greatest obstacle to due process and efforts to combat impunity in Nepal. Conflict-era cases have been withdrawn en-masse, allegedly because they were filed for "political considerations" and therefore fell under a provision of the CPA providing for the withdrawal of such cases. In October 2008, 349 criminal cases were withdrawn by the Maoist government, which opened the gates for similar moves by subsequent governments. As noted in the OHCHR-Nepal 2011 report to the Human Rights Council, this practice has "expanded to cases occurring after the conflict, with political parties, armed groups and indigenous and ethnic groups demanding that criminal cases against their supporters be withdrawn...The practice has continued despite a Supreme Court interim order in 2008 directing the suspension of further withdrawals." In June 2011, the Maoist Home Minister submitted a proposal to the cabinet to withdraw 300 criminal cases concerning Maoist cadres, including the case of Arjun Bahadur Lama detailed below.
Obstructed NHRC: The NHRC has been seriously weakened by a lack of cooperation by the government. According to the NHRC, only 8.8% of its recommendations have been fully implemented between 2000 and 2010. Furthermore, in July 2011, the government demanded that the NHRC halt its investigations into twenty cases of gross human rights violations, claiming that they fall under the jurisdiction of the TRC.
Examples: 15-year-old girl Maina Sunuwar was tortured to death by military personnel on 17 February 2004. The military has consistently obstructed investigations, threatened witnesses, and tampered with evidence. The police also initially refused to file the case because it concerned the military. On September 8, 2005, a Court Martial ruled that three military personnel were only guilty of not having observed the correct procedures in the disposal of her body. The Army and Defence Ministry are now using the pretext of "double jeopardy" to obstruct justice. On September 18, 2007, the Supreme Court ordered the civilian authorities to carry out investigations within three months and to prosecute the perpetrators. The District Court of Kavre subsequently issued an arrest warrant against four military officers on January 31, 2008. These warrants have still not been executed; three of the accused have been declared missing with no action taken to locate them, while the fourth was repatriated from a UN peace keeping mission in Chad and taken into custody by the Nepal Army who pledged to produce him before court the next day. This never happened. The army declared on July 14, 2010, that an internal investigation had found him innocent of the charges pending against him and no action has been taken since then.
Arjun Bahadur Lama was abducted and murdered by Maoist personnel on April 29, 2005. The Maoists refused to provide information concerning his whereabouts and have instead claimed that he was killed in an army attack. The District Police Office (DPO) repeatedly refused to file an FIR lodged by his widow, arguing that the case fell under the jurisdiction of the TRC. In March 2008, the Supreme Court issued a writ of mandamus to the DPO to register the FIR and initiate investigations. However, the police failed to implement the Supreme Court's instruction for 5 months, only registering the FIR on August 11, 2008. Partially due to the refusal by the Maoists to cooperate with the police, the investigation has been ineffective, with no perpetrators having been brought to court. Agni Sapkota, who reportedly ordered the execution of the victim, was promoted within the Maoist party, becoming a Constituent Assembly member. The US and Australian embassies refused him a visa on the grounds of 'serious and specific human rights allegations associated with his conduct during the insurgency. The Maoist party rallied behind Agni Sapkota and publicly accused international human rights organizations of conspiring to defame them. Involved lawyers and human rights defenders have been threatened. Agni Sapkota was nominated Minister for Information and Communication in May 2011, but subsequently removed during a reshuffle.
Conclusion: the above illustrates key challenges raises that the Human Rights Council must address concerning post-conflict impunity. The Council is urged to establish a mechanism that is mandated to monitor the implementation of commitments taken as part of peace agreements, such as the CPA in Nepal. The Council must also have the capacity to monitor actions that aim to undermine such processes, such as the non-cooperation with investigations; political interference, including the mass dropping of criminal cases; and threats or attacks against witnesses, victims and their families, lawyers and human rights defenders working to combat impunity. The Council must assist States in reforming domestic justice systems. The prompt and effective establishment of transitional justice institutions must be monitored, to avoid delays to justice as witnessed in the limbo in Nepal. The ALRC is firmly of the view that while transitional justice institutions have an important role to play in resolving post-conflict societal rifts, they cannot replace the regular criminal justice system as a tool to eradicate impunity, create lasting justice or prevent further abuses.
The Asian Legal Resource Centre also takes this opportunity to urge the government of Nepal to step up its efforts to establish transitional justice commissions, to strengthen its criminal justice system and to ensure the cooperation of former parties to the conflict with attempts to hold accountable those responsible for human rights violations. All parties must desist from politically influencing the course of justice. The government is urged to clearly and publicly state that the regular criminal justice system is primarily responsible for establishing accountability for conflict-related and post-conflict human rights violations, and ensure that no pretexts can be used to prevent the investigation and prosecution of cases of human rights violations, regardless of the state of establishment of transitional justice institutions. The government must also support the NHRC in the fulfilment of its mandate, without further obstruction, and ensure the full cooperation with the Human Rights Council's mechanisms and the OHCHR. All parties are also urged to immediately desist from the practice of mass-removal of criminal cases for political reasons.
About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
http://newsblaze.com/story/20110826180952zzzz.nb/topstory.html
A written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation with general consultative status
The Asian Legal Resource Center (ALRC) recalls the "Updated Set of principles for the protection and promotion of human rights through action to combat impunity"1 and urges the Human Rights Council to strengthen its capacity to address impunity. The impunity enjoyed by the majority of perpetrators of human rights violations in the Asian region is a clear indicator of the necessity for concerted action by the Council.
The situation in Nepal is illustrative of many of the challenges faced in post-conflict contexts. The problem of impunity in Asia is not restricted to post-conflict or post-dictatorship situations, but blights the majority of States in the region, including those that have an ostensibly democratic governmental system. Action taken by the Council concerning impunity must, as a minimum, be effective in addressing violations in conflict and post-conflict affected societies, but must also be capable of addressing the root causes and institutional failings that enable systems of impunity.
Nepal is struggling to address impunity for a range of grave violations committed during its decade-long conflict as well as the period since the Comprehensive Peace Agreement (CPA) was signed by the government and the Maoists in 2006. The OHCHR's office in Nepal has been significant in preventing a range of abuses, such as forced disappearances, since it was established. However, the Nepalese authorities have failed to establish a functioning justice system to investigate and prosecute past and ongoing violations, due to a protracted political stalemate that has obstructed institution-building and prolonged impunity.
The 2006 CPA comprised the following articles, which reflect approaches suggested by the Set of principles. Five years on, these have yet to be implemented:
- Publication of the names of the persons killed or disappeared within 60 days (Article 5.2.3)
- Formation of a national Peace and Rehabilitation Commission to provide relief support to conflict victims (5.2.4)
- Formation of a high-level Truth and Reconciliation Commission to investigate conflict-era crimes against humanity and gross human rights violations (5.2.5)
- Commitment to investigate and prosecute human rights violations and guarantee not to foster impunity (7.1.3)
These commitments were upheld in the 2007 Interim Constitution. However, the Nepalese authorities have failed to carry out appropriate institutional reforms necessary to establish a system that fosters truth and accountability. Not a single perpetrator of grave human rights violations - such as arbitrary detention, rape, torture, forced disappearances and extra-judicial killings - has been held accountable, which in turn fails to create conditions to prevent the recurrence of violations.
Non-cooperation by parties to the conflict: Both the Army and the Maoists have resisted attempts to hold their personnel accountable and refused to cooperate with police investigations. Both have tampered with evidence, pressured the police, threatened witnesses, victims or their families, or simply refused to provide any information, and have remained above the law.
Failing transitional justice: transitional justice institutions are yet to be established, and instead now serve as excuses to postpone concrete action to combat impunity. The government has repeatedly stated that cases cannot be investigated by other entities, including the regular justice system and the National Human Rights Commission (NHRC), until the TRC has been created; an argument with no legal basis. The police consequently frequently refuse to file cases concerning conflict-era violations.
Legislation establishing the TRC and Commission on Enforced Disappearances has been drafted but remains pending before the Parliament, with no government timeframe for its adoption. The draft legislation prohibits amnesties for human rights violations, but the political parties have tabled a number of amendments targeting this prohibition which, if successful, would render the commissions meaningless. The commissions will not have prosecutorial powers, suggesting that the primary responsibility to undertake investigations and prosecutions concerning conflict-related human rights violations remains with the regular justice system, contradicting the government's position.
Reforms lacking: action to reinforce the criminal justice system to ensure that "those responsible for serious crimes under international law are prosecuted, tried and duly punished," as outlined in principle 19 of the Set of principles, is lacking, resulting in a failure by the State to ensure the right to truth, both individual and collective, the right to justice, and the rights to reparation and redress for conflict victims. While Nepal's justice system has been hindered by the conflict, the lack of financial and human resources, ongoing political instability and the high level of corruption, the greatest challenge remains the lack of political will to conduct reforms. During the transition phase, efforts must concentrate on strengthening the criminal justice system, enabling it to effectively prosecute human rights violations, in particular by strengthening courts, the police and the Public Prosecutor and Attorney General's offices.
Toothless courts: since the conflict, the Supreme Court has passed a series of landmark judgments ordering immediate investigations into violations and prosecutions of those responsible. It has also repeatedly found that commitments to transitional justice mechanisms do not supersede the role of the regular justice system. During Nepal's Universal Periodic Review in January 2011, the government lauded the judiciary's independence, but continues to ignore its orders and findings, as do members of the military, police forces and the Maoists.
Defective policing: Nepal's police is crippled by high levels of corruption and inefficiency. The police argue that they are under significant pressure from influential individuals and local political leaders, but the lack of mechanisms to hold police officers accountable for abuses of power is the key aspect preventing the police from ensuring the rule of law and rights.
Flawed prosecution: The Attorney General's Office has contributed to ongoing impunity, both passively by being lethargic in filing charge-sheets against alleged perpetrators of human rights violations, and actively in approving repeated mass withdrawals of criminal cases instigated by the government. Furthermore, notably at the District level, Public Prosecutors collude with the police to prevent cases from progressing.
Political interference: political pressure by politicians on the police not to investigate cases and to release connected individuals is perhaps the greatest obstacle to due process and efforts to combat impunity in Nepal. Conflict-era cases have been withdrawn en-masse, allegedly because they were filed for "political considerations" and therefore fell under a provision of the CPA providing for the withdrawal of such cases. In October 2008, 349 criminal cases were withdrawn by the Maoist government, which opened the gates for similar moves by subsequent governments. As noted in the OHCHR-Nepal 2011 report to the Human Rights Council, this practice has "expanded to cases occurring after the conflict, with political parties, armed groups and indigenous and ethnic groups demanding that criminal cases against their supporters be withdrawn...The practice has continued despite a Supreme Court interim order in 2008 directing the suspension of further withdrawals." In June 2011, the Maoist Home Minister submitted a proposal to the cabinet to withdraw 300 criminal cases concerning Maoist cadres, including the case of Arjun Bahadur Lama detailed below.
Obstructed NHRC: The NHRC has been seriously weakened by a lack of cooperation by the government. According to the NHRC, only 8.8% of its recommendations have been fully implemented between 2000 and 2010. Furthermore, in July 2011, the government demanded that the NHRC halt its investigations into twenty cases of gross human rights violations, claiming that they fall under the jurisdiction of the TRC.
Examples: 15-year-old girl Maina Sunuwar was tortured to death by military personnel on 17 February 2004. The military has consistently obstructed investigations, threatened witnesses, and tampered with evidence. The police also initially refused to file the case because it concerned the military. On September 8, 2005, a Court Martial ruled that three military personnel were only guilty of not having observed the correct procedures in the disposal of her body. The Army and Defence Ministry are now using the pretext of "double jeopardy" to obstruct justice. On September 18, 2007, the Supreme Court ordered the civilian authorities to carry out investigations within three months and to prosecute the perpetrators. The District Court of Kavre subsequently issued an arrest warrant against four military officers on January 31, 2008. These warrants have still not been executed; three of the accused have been declared missing with no action taken to locate them, while the fourth was repatriated from a UN peace keeping mission in Chad and taken into custody by the Nepal Army who pledged to produce him before court the next day. This never happened. The army declared on July 14, 2010, that an internal investigation had found him innocent of the charges pending against him and no action has been taken since then.
Arjun Bahadur Lama was abducted and murdered by Maoist personnel on April 29, 2005. The Maoists refused to provide information concerning his whereabouts and have instead claimed that he was killed in an army attack. The District Police Office (DPO) repeatedly refused to file an FIR lodged by his widow, arguing that the case fell under the jurisdiction of the TRC. In March 2008, the Supreme Court issued a writ of mandamus to the DPO to register the FIR and initiate investigations. However, the police failed to implement the Supreme Court's instruction for 5 months, only registering the FIR on August 11, 2008. Partially due to the refusal by the Maoists to cooperate with the police, the investigation has been ineffective, with no perpetrators having been brought to court. Agni Sapkota, who reportedly ordered the execution of the victim, was promoted within the Maoist party, becoming a Constituent Assembly member. The US and Australian embassies refused him a visa on the grounds of 'serious and specific human rights allegations associated with his conduct during the insurgency. The Maoist party rallied behind Agni Sapkota and publicly accused international human rights organizations of conspiring to defame them. Involved lawyers and human rights defenders have been threatened. Agni Sapkota was nominated Minister for Information and Communication in May 2011, but subsequently removed during a reshuffle.
Conclusion: the above illustrates key challenges raises that the Human Rights Council must address concerning post-conflict impunity. The Council is urged to establish a mechanism that is mandated to monitor the implementation of commitments taken as part of peace agreements, such as the CPA in Nepal. The Council must also have the capacity to monitor actions that aim to undermine such processes, such as the non-cooperation with investigations; political interference, including the mass dropping of criminal cases; and threats or attacks against witnesses, victims and their families, lawyers and human rights defenders working to combat impunity. The Council must assist States in reforming domestic justice systems. The prompt and effective establishment of transitional justice institutions must be monitored, to avoid delays to justice as witnessed in the limbo in Nepal. The ALRC is firmly of the view that while transitional justice institutions have an important role to play in resolving post-conflict societal rifts, they cannot replace the regular criminal justice system as a tool to eradicate impunity, create lasting justice or prevent further abuses.
The Asian Legal Resource Centre also takes this opportunity to urge the government of Nepal to step up its efforts to establish transitional justice commissions, to strengthen its criminal justice system and to ensure the cooperation of former parties to the conflict with attempts to hold accountable those responsible for human rights violations. All parties must desist from politically influencing the course of justice. The government is urged to clearly and publicly state that the regular criminal justice system is primarily responsible for establishing accountability for conflict-related and post-conflict human rights violations, and ensure that no pretexts can be used to prevent the investigation and prosecution of cases of human rights violations, regardless of the state of establishment of transitional justice institutions. The government must also support the NHRC in the fulfilment of its mandate, without further obstruction, and ensure the full cooperation with the Human Rights Council's mechanisms and the OHCHR. All parties are also urged to immediately desist from the practice of mass-removal of criminal cases for political reasons.
About the ALRC: The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. It is the sister organisation of the Asian Human Rights Commission. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at the local and national levels throughout Asia.
http://newsblaze.com/story/20110826180952zzzz.nb/topstory.html
Impunity and the Regime of Accountability for Non-state Actors
- Som Prasad Niroula, Project Coordinator, SAFHR
The concept of impunity defined as the impossibility, de jure or de facto, of bringing the perpetrators of human rights violations to account – whether in criminal, civil, administrative or disciplinary proceedings – applies only to State actors. It is so, clearly, because laws that impede prosecution and legal proceedings without prior official sanction are available to and benefit only the State agencies.
Non-State actors commit human rights abuses and remain outside accountability despite harsh laws that aim to prosecute and punish them.
Conceptually, non-state actors belong to a very broad realm. The realm includes macro-level institutions, groups of people associated on the basis of some limited but common objectives, various civil society formations, armed groups, national and international entities, including corporations, philanthropic, cultural, educational, and human rights organizations. Our research interests compel us to limit our inquiries to the role, responsibilities and the requirements of a legal regime relevant to those organized groups and the masses of people mobilized by them who commit human rights atrocities and remain outside the reach of rule of law.
For the purpose of commensurability, it will be useful to identify common issues of human rights violations that we desire both the State and non-State agencies to be accountable for. I think they should definitely include rights to life, liberty and expression; freedom of conscience, movement and sexual choice in broadest possible terms. The right to life must include protection from torture. The right to sexual choice must prohibit sexual violence.
Armed non-State actors:
Caroline Holmqvist, a conflict management expert from Sweden, defines non-state actors as armed groups that operate beyond state control. The definition includes:
Rebel opposition groups (groups with a stated incompatibility with the established governments);
Local militias (organized along markers of identity, real or imagined such as ethnicity, religion, language, or on the basis of political manifestos);
Vigilantes;
Warlords;
Civil defense forces and paramilitary groups (when such are clearly beyond state control);
Private companies that provide military and security services to State or non-State actors.
In Punjab, the collaboration between the State and the non-State actors has been founded on a brazenness of impunity that is unprecedented. In early 2006, the State officials in Punjab admitted that more than 300 “militant collaborators” who had publicly been killed and cremated got rehabilitated under assumed identities. The Chief Minister of the State claimed that the rehabilitation was part of the national policy and was being followed in Jammu and Kashmir, the Northeast and other parts of the country.
In Assam, a Commission of inquiry constituted by the State government under Justice Khagendra Nath Saikia in August 2005 formally indicted the elements within the State government and the security establishment of using surrendered members of the ULFA, generally known by the acronym of SULFA, to carry out “secret killings” of family members of leaders and cadres involved in the armed struggle in the period between 1996 and 2001.
In Chatisgarh, an entire militia, including children, has been set up by the State to fight the Maoist insurgency.
Murderous Masses:
Atrocities committed by murderous masses, mobilized by organized political groups, raise another set of tricky issues. The example of anti-Sikh pogrom, orchestrated in the wake of Prime Minister Indira Gandhi’s assassination on 31st of October 1984, is well known. Murderous gangs led by political leaders, with policemen looking and egging on had killed thousand of people with impunity.
The Gujarat carnage, perpetrated by the Hindutva organizations with the active and tacit support from important elements of the State apparatus, blurs the distinction between the State and the non-State actors that commonly attaches to discussions on crimes against humanity. Please, watch this video clip: (A strange case of police firing).
Even outside these two examples, studies carried out by scholars like Paul Brass show that the sectarian violence is rarely spontaneous and that “riot producing machines” and militant Hindutva organizations operating with support from partisan State authorities are often culpable.
Issues of Accountability:
The National Human Rights Commission, in a suo moto case in the wake of Gujarat carnage, observed that the responsibility of the State extended not only to the acts of its own agents, but also to those of non-state players within its jurisdiction and to any action that cause or facilitate violation of human rights.
In terms of legal theory, destruction of enjoyment of human rights by non-state actors can be viewed from two different perspectives. The first and more conventional perspective that views State actors and agents of public power as the bearers of human rights obligations would require the governments to protect people from depredations committed by non-state actors by effective exercise of police powers and enforcement of law.
Under the second perspective that views human rights as entitlements to be enjoyed by everyone and to be respected by everyone, instead of viewing them as contracts between citizens and the State, the non-State actors, especially if they are organized formations, need to be brought before effective jurisdiction in law which can scrutinize their conduct and establish accountability.
Mandate of common Article 3 of Geneva Conventions and Protocol II bind the State and non-State actors with the obligations to respect humanitarian law norms in situations of internal armed conflicts.
However, the main problem around the issues of accountability involving armed opposition groups in partial control of a territory and outside the reach of police powers of the State lies in the State-Centric approach of both the domestic and international law. States ratify legal instruments and, therefore, carry the primary responsibility for their implementation. The State alone is involved in all stages of legal process. This is true even of procedures allowing recourse to international fora.
The main challenge before us, when we talk about human rights abuses committed by non-State actors, is in designing a legal framework to bring non-State actors, together with State actors, under a common system of accountability.
This problem was taken up for discussion at the 1990 session of the Commission on Human Rights held in Geneva, with Peru and Columbia proposing the creation of special mechanisms under the UN to monitor, report on, and work for the cessation of violent crimes perpetrated by armed opposition groups. The initiative failed due to arguments advanced by several participants that the governments were well equipped with special legislation to use force to curb violent crime. Eventually, the Commission adopted a modified resolution that requires the existing Special Rapporteurs and Working Groups under the Commission on Human Rights to pay special attention to atrocities committed by armed opposition groups and accords them a status, subject to scrutiny, within the terms of the First Protocol.
In the domestic realm too the problem of accountability for depredations committed by armed opposition groups is inseparable from the issue of their recognition by the State in law and engagement on the basis of mutually binding human rights norms. I will conclude by referring to the Ceasefire Agreement between the Government of India and the NSCN-IM, concluded in 1997, which provides a detailed framework of ground rules and permissible and impermissible actions by armed forces belonging to both the State and the non-State. The framework also provides for a monitoring mechanism.
The example is a model for building a framework of accountability for non-State actors that are outside the reach of State’s police powers. It requires the State to recognize them in some ways and then bind them to a framework of conduct during the peace process as well as hostile engagements.
The concept of impunity defined as the impossibility, de jure or de facto, of bringing the perpetrators of human rights violations to account – whether in criminal, civil, administrative or disciplinary proceedings – applies only to State actors. It is so, clearly, because laws that impede prosecution and legal proceedings without prior official sanction are available to and benefit only the State agencies.
Non-State actors commit human rights abuses and remain outside accountability despite harsh laws that aim to prosecute and punish them.
Conceptually, non-state actors belong to a very broad realm. The realm includes macro-level institutions, groups of people associated on the basis of some limited but common objectives, various civil society formations, armed groups, national and international entities, including corporations, philanthropic, cultural, educational, and human rights organizations. Our research interests compel us to limit our inquiries to the role, responsibilities and the requirements of a legal regime relevant to those organized groups and the masses of people mobilized by them who commit human rights atrocities and remain outside the reach of rule of law.
For the purpose of commensurability, it will be useful to identify common issues of human rights violations that we desire both the State and non-State agencies to be accountable for. I think they should definitely include rights to life, liberty and expression; freedom of conscience, movement and sexual choice in broadest possible terms. The right to life must include protection from torture. The right to sexual choice must prohibit sexual violence.
Armed non-State actors:
Caroline Holmqvist, a conflict management expert from Sweden, defines non-state actors as armed groups that operate beyond state control. The definition includes:
Rebel opposition groups (groups with a stated incompatibility with the established governments);
Local militias (organized along markers of identity, real or imagined such as ethnicity, religion, language, or on the basis of political manifestos);
Vigilantes;
Warlords;
Civil defense forces and paramilitary groups (when such are clearly beyond state control);
Private companies that provide military and security services to State or non-State actors.
In Punjab, the collaboration between the State and the non-State actors has been founded on a brazenness of impunity that is unprecedented. In early 2006, the State officials in Punjab admitted that more than 300 “militant collaborators” who had publicly been killed and cremated got rehabilitated under assumed identities. The Chief Minister of the State claimed that the rehabilitation was part of the national policy and was being followed in Jammu and Kashmir, the Northeast and other parts of the country.
In Assam, a Commission of inquiry constituted by the State government under Justice Khagendra Nath Saikia in August 2005 formally indicted the elements within the State government and the security establishment of using surrendered members of the ULFA, generally known by the acronym of SULFA, to carry out “secret killings” of family members of leaders and cadres involved in the armed struggle in the period between 1996 and 2001.
In Chatisgarh, an entire militia, including children, has been set up by the State to fight the Maoist insurgency.
Murderous Masses:
Atrocities committed by murderous masses, mobilized by organized political groups, raise another set of tricky issues. The example of anti-Sikh pogrom, orchestrated in the wake of Prime Minister Indira Gandhi’s assassination on 31st of October 1984, is well known. Murderous gangs led by political leaders, with policemen looking and egging on had killed thousand of people with impunity.
The Gujarat carnage, perpetrated by the Hindutva organizations with the active and tacit support from important elements of the State apparatus, blurs the distinction between the State and the non-State actors that commonly attaches to discussions on crimes against humanity. Please, watch this video clip: (A strange case of police firing).
Even outside these two examples, studies carried out by scholars like Paul Brass show that the sectarian violence is rarely spontaneous and that “riot producing machines” and militant Hindutva organizations operating with support from partisan State authorities are often culpable.
Issues of Accountability:
The National Human Rights Commission, in a suo moto case in the wake of Gujarat carnage, observed that the responsibility of the State extended not only to the acts of its own agents, but also to those of non-state players within its jurisdiction and to any action that cause or facilitate violation of human rights.
In terms of legal theory, destruction of enjoyment of human rights by non-state actors can be viewed from two different perspectives. The first and more conventional perspective that views State actors and agents of public power as the bearers of human rights obligations would require the governments to protect people from depredations committed by non-state actors by effective exercise of police powers and enforcement of law.
Under the second perspective that views human rights as entitlements to be enjoyed by everyone and to be respected by everyone, instead of viewing them as contracts between citizens and the State, the non-State actors, especially if they are organized formations, need to be brought before effective jurisdiction in law which can scrutinize their conduct and establish accountability.
Mandate of common Article 3 of Geneva Conventions and Protocol II bind the State and non-State actors with the obligations to respect humanitarian law norms in situations of internal armed conflicts.
However, the main problem around the issues of accountability involving armed opposition groups in partial control of a territory and outside the reach of police powers of the State lies in the State-Centric approach of both the domestic and international law. States ratify legal instruments and, therefore, carry the primary responsibility for their implementation. The State alone is involved in all stages of legal process. This is true even of procedures allowing recourse to international fora.
The main challenge before us, when we talk about human rights abuses committed by non-State actors, is in designing a legal framework to bring non-State actors, together with State actors, under a common system of accountability.
This problem was taken up for discussion at the 1990 session of the Commission on Human Rights held in Geneva, with Peru and Columbia proposing the creation of special mechanisms under the UN to monitor, report on, and work for the cessation of violent crimes perpetrated by armed opposition groups. The initiative failed due to arguments advanced by several participants that the governments were well equipped with special legislation to use force to curb violent crime. Eventually, the Commission adopted a modified resolution that requires the existing Special Rapporteurs and Working Groups under the Commission on Human Rights to pay special attention to atrocities committed by armed opposition groups and accords them a status, subject to scrutiny, within the terms of the First Protocol.
In the domestic realm too the problem of accountability for depredations committed by armed opposition groups is inseparable from the issue of their recognition by the State in law and engagement on the basis of mutually binding human rights norms. I will conclude by referring to the Ceasefire Agreement between the Government of India and the NSCN-IM, concluded in 1997, which provides a detailed framework of ground rules and permissible and impermissible actions by armed forces belonging to both the State and the non-State. The framework also provides for a monitoring mechanism.
The example is a model for building a framework of accountability for non-State actors that are outside the reach of State’s police powers. It requires the State to recognize them in some ways and then bind them to a framework of conduct during the peace process as well as hostile engagements.
Day of disappeared: Out of 3,444 disappeared, 190 persons killed: NHRC
Day of disappeared: Out of 3,444 disappeared, 190 persons killed: NHRC
POST REPORT
KATHMANDU, AUG 30 -
Out of 3,444 persons disappeared during the conflict period by the state and the then rebellion party CPN (Maoist), 190 have been already killed, said a report released by the National Human Rights Commission.
The report made public amid a function in the Capital on Tuesday to mark International Day of Disappeared says out of 2,325 persons disappeared by state security agencies, whereabouts of 1,561 have been traced and the status of 619 still remains unknown. Of 1,119 persons disappeared by the former rebel party, 904 have been released and 170 are still missing, it states.
The figure, as suggested by the NHRC states, a total of 789 individuals are missing at present. However, another report prepared by National Network of Families of Disappeared and Missing says the status of 1,350 conflict
victims still remains unidentified. A study of Informal Sector Service Centre puts the number of persons at 930.
Speaking on the occasion, NHRC Chairman Kedarnath Upadhyay said the figure of missing people was scary and called on the government to come up with a concrete plan to address the issue. He also urged the parliament to pass the bill on formation of a disappearance commission, which pending in the House for the last two years. Human rights activists, including Mandira Sharma, Sushil Pyakurel and Ram Kumar Bhandari, expressed their strong objection to government’s decision to give amnesty to the accused of war crime. Head of UN Office of the High Commissioner for Human Rights Jyoti Shanghera expressed her sympathy towards the families of victims of enforced disappearances. Giving access to truth and justice is fundamental human rights, she said.
Pyakurel said civil society bodies and other rights stakeholders have a long way to go before the government addresses the problem of enforced disappearances.
Meanwhile, Secretary of Prime Minister’s Office Trilochan Upreti said the government was committed towards providing relief to the families of the conflict victims.
According to him, out of Rs 110 million allocated by the government in relief, Rs 100 million has already been spent.
Meanwhile, the British Embassy issuing a statement on behalf of the embassies of Switzerland, Norway, Australia, Canada, Japan, US and the European Union urged the government to take action on disappearances. “We urge the Nepal Army and the UCPN (Maoist) to cooperate fully on case of disappearance, as required by the Comprehensive peace Accord,” read the statement. “Their long refusal to do so has prolonged the anguish of relatives, and delayed justice.”
Posted on: 2011-08-31 09:33
http://www.ekantipur.com/the-kathmandu-post/2011/08/30/metro/day-of-disappeared-out-of-3444-disappeared-190-persons-killed-nhrc/225730.html
POST REPORT
KATHMANDU, AUG 30 -
Out of 3,444 persons disappeared during the conflict period by the state and the then rebellion party CPN (Maoist), 190 have been already killed, said a report released by the National Human Rights Commission.
The report made public amid a function in the Capital on Tuesday to mark International Day of Disappeared says out of 2,325 persons disappeared by state security agencies, whereabouts of 1,561 have been traced and the status of 619 still remains unknown. Of 1,119 persons disappeared by the former rebel party, 904 have been released and 170 are still missing, it states.
The figure, as suggested by the NHRC states, a total of 789 individuals are missing at present. However, another report prepared by National Network of Families of Disappeared and Missing says the status of 1,350 conflict
victims still remains unidentified. A study of Informal Sector Service Centre puts the number of persons at 930.
Speaking on the occasion, NHRC Chairman Kedarnath Upadhyay said the figure of missing people was scary and called on the government to come up with a concrete plan to address the issue. He also urged the parliament to pass the bill on formation of a disappearance commission, which pending in the House for the last two years. Human rights activists, including Mandira Sharma, Sushil Pyakurel and Ram Kumar Bhandari, expressed their strong objection to government’s decision to give amnesty to the accused of war crime. Head of UN Office of the High Commissioner for Human Rights Jyoti Shanghera expressed her sympathy towards the families of victims of enforced disappearances. Giving access to truth and justice is fundamental human rights, she said.
Pyakurel said civil society bodies and other rights stakeholders have a long way to go before the government addresses the problem of enforced disappearances.
Meanwhile, Secretary of Prime Minister’s Office Trilochan Upreti said the government was committed towards providing relief to the families of the conflict victims.
According to him, out of Rs 110 million allocated by the government in relief, Rs 100 million has already been spent.
Meanwhile, the British Embassy issuing a statement on behalf of the embassies of Switzerland, Norway, Australia, Canada, Japan, US and the European Union urged the government to take action on disappearances. “We urge the Nepal Army and the UCPN (Maoist) to cooperate fully on case of disappearance, as required by the Comprehensive peace Accord,” read the statement. “Their long refusal to do so has prolonged the anguish of relatives, and delayed justice.”
Posted on: 2011-08-31 09:33
http://www.ekantipur.com/the-kathmandu-post/2011/08/30/metro/day-of-disappeared-out-of-3444-disappeared-190-persons-killed-nhrc/225730.html
A Press Release from Advocacy Forum-Nepal forwarded by the Asian Human Rights Commission (AHRC)
FORWARDED PRESS RELEASE
AHRC-FPR-040-2011
A Press Release from Advocacy Forum-Nepal forwarded by the Asian Human Rights Commission (AHRC)
NEPAL: Updates from Advocacy Forum
Report demanding clear policy on exhumation released
29 August 2011. Advocacy Forum (AF) released report demanding clear policy frame work exhumation on the occasion of international day of disappearance, 30 August. AF's report, published both in English and Nepali, "Exhumation of bodies of the disappeared - in need of a policy framework" was by the mother of Sanjeeb Kumar Karna. AF's report points out the need of a clear policy on exhumation process that takes victim family's rights into consideration.
The report further demands clear standard which ensures overall exhumation procedure. It argues that systematic exhumation process can help in protecting evidences that would be supportive in prosecuting perpetrators of human rights violations committed during the conflict, and giving justice to victims. The report has reiterated the call for strong guidelines to carry out exhumation of the bodies of disappeared people.
Please open the link for the copy of the report
http://www.advocacyforum.org/downloads/pdf/publications/impunity/exhumation-of-bodies-of-the-disappeared-english.pdf
http://www.advocacyforum.org/downloads/pdf/publications/impunity/exhumation-of-bodies-of-the-disappeared-nepali.pdf
HR defenders condemn maoist proposal of withdrawing cases
Accountability Watch Committee (AWC) has condemned the UNCP (Maoists) proposal and plan to withdraw all criminal cases of conflict period and to provide blanket Amnesty.
The proposal of UCPN (Maoists) to withdraw all criminal cases relating to the conflict, canceling court decisions and granting general amnesty to all the convicted is utterly condemnable. This proposal goes contrary to peace agreement, interim constitution and Nepal's obligation under international law.
One of the activities in current peace process is to end impunity by carrying out impartial investigation into and bringing perpetrators of serious human rights violations to justice. But the very opposite is in practice and impunity is being institutionalized. The latest proposal by Maoists will terminate the objectives of all transitional justice mechanisms like Truth and Reconciliation Commission and Disappearance Commission. AF has already published the briefings on the issue entitled 'evading accountability by hook or by crook'.
Open the link for the report
http://www.advocacyforum.org/downloads/pdf/publications/evading-accountability-by-hook-or-by-crook.pdf
SC orders to continue custody of kaji karki to advance investigation
In its verdict passed on 15 August 2011, upholding the decision of District Court, Kavre, and quashing the writ of habeas corpus lodged at the Supreme Court by Kaji, the Supreme Court has ruled to continue the custody of Kaji Karki for further investigation. Kaji, an ex-Junior army staff, is charged for his alleged involvement in the murder of Reena Rasaili on February 2004.
Responding to the charge sheet filed against Kaji Bahadur Karki, the District Court Kavre issued an order, on 19 September 2010, to incarcerate Kaji for further trail. Kaji, a fugitive army, was arrested by the DPO Kaski and handed over to the DPO, Kavre on 9 September 2010.
Kaji Bahadur appealed at the Supreme Court on 4 January 2011, after the Appellate Court Patan responding to the writ filed against the decision of the Kavre District Court upheld the decision of the latter. He also lodged a writ of habeas corpus at the Supreme Court on 24 February, 2011 seeking to reverse the decisions of the prior courts to illegally detain him, since the case falls under the jurisdiction of TRC and the existing laws cannot be invoked.
The joint bench of Justices Tahir Ali Ansari and Bharatraj Upreti issues verdict today that this case falls under the jurisdiction of existing laws, as TRC has not been formed yet and its jurisdiction has also not been projected till date.
See the link below for Reena Rasaili case details:
http://www.advocacyforum.org/fir/2011/01/reena-rasaili.php
Torture victim files case against police demainding compensation : Harkali Pun alias Duji has filed a torture compensation case on 24 August 2011 against the District Police Office (DPO) of Banke claiming physical and mental torture by the police during interrogation. She was allegedly charged of human trafficking across the border.
Pun, 49, of Motipur, Bardiya was arrested from Jamunaha Police Station near Indo-Nepal border under the allegation of human trafficking on 12 July 2011. After her arrest she was brought to the DPO of Banke where she was allegedly tortured by two lady police constables under the command of Superintendent of Police (SP) and police Inspector. The victim was allegedly tortured for almost two hours.
One of our arm was fractured because of torture. However, police denied her medical treatment. After repeated interventions from AF, NHRC and OHCHR she was taken to the hospital.
The victim has demanded compensation and immediate departmental action against the aforesaid perpetrators under Torture Compensation Act 1996. Advocacy Forum (AF) has been providing legal assistance to the victim.
http://www.advocacyforum.org/news/2011/08/torture-compensation-case-filed-against-police.php
HR defenders demand action against accused of doramba massacre: On the occasion of the 8th anniversary of the killing of 19 unarmed Maoist activists at Doramba of Ramechhap, district a group of human rights defenders have jointly issued a press release on behalf of Accountability Watch Committee (AWC), a loose forum of human rights defenders. They demanded a prompt legal action against those involved in killings of HR.
The then Royal Nepal Army (RNA) had mercilessly shot dead 19 unarmed Maoist activists at Dandakateri of Duduwa VDC on 17 August 2003 during the ceasefire between the then government and the Maoists. The national human rights commission formed a team one week after the event had concluded in its report that then Unified Command led by the army had taken control over those Maoist activists and subsequently shot them dead with their hands tied at the back.
Notwithstanding several attempts of human rights activists, National Human Rights Commission and international communities to bring the alleged perpetrators to justice, none has so far been held accountable in this regard.
International day against disapperance observed : Number of human rights organizations and the family members of the disappeared joined hand to commemorate the international day against disappearance. Day was commemorated by organizing several events both in the capital and the districts to pressurize government to enact legislation to criminalize disappearance and to form commission of enquiry on disappearance, make whereabouts of the disappeared public, ratify International Convention on Enforced Disappearances, seeking government positive responses in implementation of the recommendations of treaty bodies in relations to the informed disappearances.
AHRC-FPR-040-2011
A Press Release from Advocacy Forum-Nepal forwarded by the Asian Human Rights Commission (AHRC)
NEPAL: Updates from Advocacy Forum
Report demanding clear policy on exhumation released
29 August 2011. Advocacy Forum (AF) released report demanding clear policy frame work exhumation on the occasion of international day of disappearance, 30 August. AF's report, published both in English and Nepali, "Exhumation of bodies of the disappeared - in need of a policy framework" was by the mother of Sanjeeb Kumar Karna. AF's report points out the need of a clear policy on exhumation process that takes victim family's rights into consideration.
The report further demands clear standard which ensures overall exhumation procedure. It argues that systematic exhumation process can help in protecting evidences that would be supportive in prosecuting perpetrators of human rights violations committed during the conflict, and giving justice to victims. The report has reiterated the call for strong guidelines to carry out exhumation of the bodies of disappeared people.
Please open the link for the copy of the report
http://www.advocacyforum.org/downloads/pdf/publications/impunity/exhumation-of-bodies-of-the-disappeared-english.pdf
http://www.advocacyforum.org/downloads/pdf/publications/impunity/exhumation-of-bodies-of-the-disappeared-nepali.pdf
HR defenders condemn maoist proposal of withdrawing cases
Accountability Watch Committee (AWC) has condemned the UNCP (Maoists) proposal and plan to withdraw all criminal cases of conflict period and to provide blanket Amnesty.
The proposal of UCPN (Maoists) to withdraw all criminal cases relating to the conflict, canceling court decisions and granting general amnesty to all the convicted is utterly condemnable. This proposal goes contrary to peace agreement, interim constitution and Nepal's obligation under international law.
One of the activities in current peace process is to end impunity by carrying out impartial investigation into and bringing perpetrators of serious human rights violations to justice. But the very opposite is in practice and impunity is being institutionalized. The latest proposal by Maoists will terminate the objectives of all transitional justice mechanisms like Truth and Reconciliation Commission and Disappearance Commission. AF has already published the briefings on the issue entitled 'evading accountability by hook or by crook'.
Open the link for the report
http://www.advocacyforum.org/downloads/pdf/publications/evading-accountability-by-hook-or-by-crook.pdf
SC orders to continue custody of kaji karki to advance investigation
In its verdict passed on 15 August 2011, upholding the decision of District Court, Kavre, and quashing the writ of habeas corpus lodged at the Supreme Court by Kaji, the Supreme Court has ruled to continue the custody of Kaji Karki for further investigation. Kaji, an ex-Junior army staff, is charged for his alleged involvement in the murder of Reena Rasaili on February 2004.
Responding to the charge sheet filed against Kaji Bahadur Karki, the District Court Kavre issued an order, on 19 September 2010, to incarcerate Kaji for further trail. Kaji, a fugitive army, was arrested by the DPO Kaski and handed over to the DPO, Kavre on 9 September 2010.
Kaji Bahadur appealed at the Supreme Court on 4 January 2011, after the Appellate Court Patan responding to the writ filed against the decision of the Kavre District Court upheld the decision of the latter. He also lodged a writ of habeas corpus at the Supreme Court on 24 February, 2011 seeking to reverse the decisions of the prior courts to illegally detain him, since the case falls under the jurisdiction of TRC and the existing laws cannot be invoked.
The joint bench of Justices Tahir Ali Ansari and Bharatraj Upreti issues verdict today that this case falls under the jurisdiction of existing laws, as TRC has not been formed yet and its jurisdiction has also not been projected till date.
See the link below for Reena Rasaili case details:
http://www.advocacyforum.org/fir/2011/01/reena-rasaili.php
Torture victim files case against police demainding compensation : Harkali Pun alias Duji has filed a torture compensation case on 24 August 2011 against the District Police Office (DPO) of Banke claiming physical and mental torture by the police during interrogation. She was allegedly charged of human trafficking across the border.
Pun, 49, of Motipur, Bardiya was arrested from Jamunaha Police Station near Indo-Nepal border under the allegation of human trafficking on 12 July 2011. After her arrest she was brought to the DPO of Banke where she was allegedly tortured by two lady police constables under the command of Superintendent of Police (SP) and police Inspector. The victim was allegedly tortured for almost two hours.
One of our arm was fractured because of torture. However, police denied her medical treatment. After repeated interventions from AF, NHRC and OHCHR she was taken to the hospital.
The victim has demanded compensation and immediate departmental action against the aforesaid perpetrators under Torture Compensation Act 1996. Advocacy Forum (AF) has been providing legal assistance to the victim.
http://www.advocacyforum.org/news/2011/08/torture-compensation-case-filed-against-police.php
HR defenders demand action against accused of doramba massacre: On the occasion of the 8th anniversary of the killing of 19 unarmed Maoist activists at Doramba of Ramechhap, district a group of human rights defenders have jointly issued a press release on behalf of Accountability Watch Committee (AWC), a loose forum of human rights defenders. They demanded a prompt legal action against those involved in killings of HR.
The then Royal Nepal Army (RNA) had mercilessly shot dead 19 unarmed Maoist activists at Dandakateri of Duduwa VDC on 17 August 2003 during the ceasefire between the then government and the Maoists. The national human rights commission formed a team one week after the event had concluded in its report that then Unified Command led by the army had taken control over those Maoist activists and subsequently shot them dead with their hands tied at the back.
Notwithstanding several attempts of human rights activists, National Human Rights Commission and international communities to bring the alleged perpetrators to justice, none has so far been held accountable in this regard.
International day against disapperance observed : Number of human rights organizations and the family members of the disappeared joined hand to commemorate the international day against disappearance. Day was commemorated by organizing several events both in the capital and the districts to pressurize government to enact legislation to criminalize disappearance and to form commission of enquiry on disappearance, make whereabouts of the disappeared public, ratify International Convention on Enforced Disappearances, seeking government positive responses in implementation of the recommendations of treaty bodies in relations to the informed disappearances.
Tuesday, August 30, 2011
Let’s remove our prejudices
PRAWASH GAUTAM
AUG 29 -
On many occasions, I have seen women using derogatory terms while bargaining over vegetable prices with vendors from the Tarai, and teenagers bullying “panipuri wallahs” to get more than what they had paid for. And I can say with certainty that there are many who share similar experiences.
If such behaviour is a reflection of their attitudes, how should we characterise their general attitudes towards people from Madhes? I would refrain from dismissing such behaviours as being insignificant or just coincidental because I have rarely seen anyone arguing over prices with a vegetable vendor of hilly origin, let alone using bad language.
In April 2007, Madhesis took to the streets revolting against the state for discrimination against them. Watching the scenes of violence and demonstration on TV, hardly any of the women who have verbally abused vegetable vendors might have felt that they were somehow responsible for the rioting.
In fact, the movement was exactly against such discriminatory attitudes which are rampant at the grassroots level, and has been systematically adopted by the state for a long time. After all, exclusion, discrimination or marginalisation of any group at the macro level is a reflection of the same at the micro or individual level.
Nepal is in the process of conflict transformation and building a just society. Diverse groups in Nepal are seeking equal opportunities and recognition of their culture and identity. Addressing these voices is among the core components of this process. Building inter-group relations is an important part of this process of building an egalitarian Nepali society. And getting rid of our discriminatory attitudes is the first step.
But it is not fear of protest or reprisal that should motivate us to respect and consider others. The motivation should come from the realisation of the common fabric of humanity and Nepali nationhood that binds us.
The promise of People’s Movement II of a democratic federal republic where diverse groups of Nepal have access to and representation in political, economic and socio-cultural spheres has raised the hopes of many. But this has also initiated debates and created divisions among the populace on, for example, the issue of federalism based on ethnicity. However, fulfilment of this promise remains in limbo as uncertainty reigns over the writing of a new constitution, state restructuring and institutionalisation of a democratic society.
Therefore, one cannot deny the possibility of socio-cultural and political chaos ensuing in Nepal. In such a situation, such individual attitudes could be triggers to inter-group tensions. Hence, a change in our social views and relations is strongly needed because of the fragile and uncertain political transition of the country. After all, amid uncertainty about Nepal’s political future, the process towards a stable and harmonious society should come from individuals and communities.
Posted on: 2011-08-30 09:46
http://www.ekantipur.com/the-kathmandu-post/2011/08/29/oped/lets-remove-our-prejudices/225710.html
AUG 29 -
On many occasions, I have seen women using derogatory terms while bargaining over vegetable prices with vendors from the Tarai, and teenagers bullying “panipuri wallahs” to get more than what they had paid for. And I can say with certainty that there are many who share similar experiences.
If such behaviour is a reflection of their attitudes, how should we characterise their general attitudes towards people from Madhes? I would refrain from dismissing such behaviours as being insignificant or just coincidental because I have rarely seen anyone arguing over prices with a vegetable vendor of hilly origin, let alone using bad language.
In April 2007, Madhesis took to the streets revolting against the state for discrimination against them. Watching the scenes of violence and demonstration on TV, hardly any of the women who have verbally abused vegetable vendors might have felt that they were somehow responsible for the rioting.
In fact, the movement was exactly against such discriminatory attitudes which are rampant at the grassroots level, and has been systematically adopted by the state for a long time. After all, exclusion, discrimination or marginalisation of any group at the macro level is a reflection of the same at the micro or individual level.
Nepal is in the process of conflict transformation and building a just society. Diverse groups in Nepal are seeking equal opportunities and recognition of their culture and identity. Addressing these voices is among the core components of this process. Building inter-group relations is an important part of this process of building an egalitarian Nepali society. And getting rid of our discriminatory attitudes is the first step.
But it is not fear of protest or reprisal that should motivate us to respect and consider others. The motivation should come from the realisation of the common fabric of humanity and Nepali nationhood that binds us.
The promise of People’s Movement II of a democratic federal republic where diverse groups of Nepal have access to and representation in political, economic and socio-cultural spheres has raised the hopes of many. But this has also initiated debates and created divisions among the populace on, for example, the issue of federalism based on ethnicity. However, fulfilment of this promise remains in limbo as uncertainty reigns over the writing of a new constitution, state restructuring and institutionalisation of a democratic society.
Therefore, one cannot deny the possibility of socio-cultural and political chaos ensuing in Nepal. In such a situation, such individual attitudes could be triggers to inter-group tensions. Hence, a change in our social views and relations is strongly needed because of the fragile and uncertain political transition of the country. After all, amid uncertainty about Nepal’s political future, the process towards a stable and harmonious society should come from individuals and communities.
Posted on: 2011-08-30 09:46
http://www.ekantipur.com/the-kathmandu-post/2011/08/29/oped/lets-remove-our-prejudices/225710.html
सरकार र राजनीतिक दल जवाफदेही बन’
लालप्रसाद शर्मा
पोखरा, भाद्र १२ -
बेपत्ता श्रीमान् टंक शर्माको अवस्था सार्वजनिक माग गर्दागर्दै थाकिसकेकी स्याङ्जा किचनास ६ की आरतीले अब फर्केर आउने आशा मारेकी छन् । घरमुली बेपत्ता भएपछि बेसहारा उनी एक छोरीसहित तनहुँ दुलेगौडास्थित माइतीमै बस्छिन् । 'धेरै ठाउँमा धाए पनि केही खबर पाउन सकिनँ', आरतीले भनिन्, 'दल र सरकारले हाम्रो पीडा सुन्नुपर्यो । अवस्थाबारे प्रमाणसहित सार्वजनिक गर्नुपर्यो ।' टंकलाई सुरक्षाकर्मीले माओवादी आरोपमा ०५८ माघ ९ गते लेखनाथ १३ सुकुम्बासी बस्तीस्थित कोठाबाटै पक्रेर लगेका थिए ।
यसैगरी चोरीको आरोपमा स्थानीयबासीको कुटाइपछि ०६३ असोज ९ मा माओवादीलाई बुझाइएका लुम्ले माझगाउँका खिमबहादुर सुनार पनि अहिलेसम्म कहाँ छन् थाहा छैन । 'त्यस दिनयता बाबुको अवस्थाबारे अनविज्ञ छु,' अन्तर्राष्ट्रिय बेपत्ता दिवसमा छोरी ध्रुबाले भनिन्, 'माओवादीले पनि केही बताएको छैन ।'
माओवादी द्वन्द्व तथा विस्तृत शान्ति सम्झौतासम्म बेपत्ता भएका परिवारले अब आफ्नो सदस्य जीवितै फर्किएर आउने आशा मारिसकेका छन् । अवस्था सार्वजनिक र दोषीलाई कारबाही गर्न भइरहेका आन्दोलनप्रति सरकार उदासिन रहेको भन्दै उनीहरू आक्रोशितसमेत छन् । उनी भन्छन्, 'परिवार विचल्लीमा छन्, बेपत्ता र्फकने सम्भावना पनि देखिँदैन । राज्यले परिवारको शिक्षा, स्वास्थ्य, रोजगारी र क्षतिपूर्ति दिएर दोषीमाथि कारबाही गर्नुपर्छ । बेपत्ता आयोग गठन गरी जवाफदेहिता देखाएर न्याय दिनुपर्छ ।'
'आफूहरूको मागमा सुनुवाइ नहुँदा राज्य र दलहरू जवाफदेहिताबाट टाढिन खोजेको देखिन्छ,' बेपत्ता परिवार समाज कास्कीका अध्यक्ष अणनाथ बरालले भने, 'अवस्था सार्वजनिक, दोषीमाथि कारबाही र पीडितलाई क्षतिपूर्ति दिनुपर्यो ।' उनले कमाउने नै बेपत्ता भएपछि परिवारको दैनिक जीवन कष्टकर बन्दै गएको र यसको पीडा सबैभन्दा बढी महिला र बुढाबुढीले बेहोर्नुपरेको बताए ।
सन् ७० को दशकमा ल्याटिन अमेरिकी मुलुकमा बढी बेपत्ता पारिएपछि आफन्तले चलाएको अभियान संयुक्त राष्ट्रसंघमा पुगेपछि सन् १९८३ अगस्ट ३० देखि अन्तर्राष्ट्रिय बेपत्ता दिवस मनाइन थालिएको हो । यस अवसरमा ५ संस्थाद्वारा आयोजित कार्यक्रममा पीडितले सत्य, न्याय र परिपूरणसहितको कानुनी प्रावधान हुनुपर्नेमा जोड दिए ।
लेखनाथ १३ का सोमबहादुर विक बेपत्ता बनेपछि परिवारमा खुसी छैन । आफन्त बिरामीलाई अस्पताल लैजाँदै गर्दा विकलाई सुरक्षाकर्मीले ०५९ असार २३ मा पक्रेका थिए । 'फूलबारी ब्यारेकमा जाँदा पक्रेर ल्याएको भनेका थिए,' आमा ओमकुमारीले भनिन्, 'तर अहिलेसम्म पत्तो छैन, राज्यले हामीलाई रुवाइरह्यो ।'
बेपत्ताका फरकफरक तथ्यांक
कास्कीमा बेपत्ता हुनेको संख्या फरकफरक छ । वकालत मञ्च र रेडक्रसको अन्तर्राष्ट्रिय समितिले २९ बेपत्ताको सूचीमा राखे पनि केही व्यक्तिको नाम भिन्न छ । रेडक्रसले कुन पक्षबाट भन्ने खुलाएको छैन । मञ्चले एक माओवादीबाट, २१ राज्यपक्षबाट र अन्य सात जनाको कुनै पहिचान नभएको उल्लेख गरेको छ । इन्सेकले एक माओवादी र १६ राज्य पक्षबाट तथा मानव अधिकार आयोगले माओवादीबाट दुई, राज्यबाट ११ र अज्ञातबाट सात गरी २० बेपत्ता भएको जनाएको छ । बेपत्ता समाजले २३ जना रहेको जनाएको छ ।
यसैबीच बे पत्तासम्बन्धी अन्तर्राष्ट्रिय दिवसमा रेडक्रसको अन्तर्राष्ट्रिय समिति -आईसीआरसी) र नेपाल रेडक्रस सोसाइटीले बेपत्ता व्यक्तिको सूची सार्वजनिक गरेको छ । उक्त सूचीमा ०५२ देखि ०६३ सम्मको सशस्त्र द्वन्द्वमा बेपत्ता भई अझै अवस्थाबारे थाहा नभएका १ हजार ३ सय ८३ जनाको नाम समावेश छ ।
नेपालमा बेपत्ता भएका ती व्यक्तिका परिवारहरूले आफन्त गुमाउँदा भोग्नुपरेको पीडालाई सार्वजनिक मान्यता प्रदान गराउन र बेपत्ता आफन्तलाई के भयो भन्ने सम्बन्धमा स्पष्ट जानकारी गराउन ध्यानाकर्षण गराउन माग गरेको छ । आईसीआरसीको काठमाडौं प्रतिनिधिमण्डल उपप्रमुख ल्हर स्नेवर्गरले नेपाली अधिकारीले बेपत्ताका सम्बन्धमा यथाशक्य चाँडो जवाफ उपलब्ध गराउनु सम्बन्धित निकायको ध्यानाकर्षण गराएकी छन् ।
अपांगले राहत पाएनन्
रौतहट- सशस्त्र द्वन्द्वका बेला सेनाको गोलीले अपाङ्ग भएका एकजनाले अहिलेसम्म राहत पाएका छैनन् । जिल्ला प्रशासनमा दिएको निबेदनसमेत कर्मचारीले हराइदिँदा उनी निराश बनेका छन् ।
उपचारमा सर्वस्व सकिएपछि परिवारको अवस्था कष्टकर बनेको छ । राहतका लागि उनी महिनामा चार पटकसम्म प्रशासन धाइरहे । माधोपुर गाविस ३ का ३८ वषर्ीय रामदेव मुखियाले राहत पाउन नसकेका हुन् ।
२०६० सालमा सेनाले बिहान शौच गर्न खेतमा गएको बेला मुखियालगायत तीन जनालाई गोली हानेको थियो । उक्त घटनामा भिखर राय र महादेव मुखियाको मृत्यु भएको थियो । 'शौच गर्न गएको बेला अचानक सेनाले लाइन लगाएर गोली हान्यो,' मुखियाले भने 'साथीहरूले, म खुट्टामा गोली लागेर घाइते भएँ ।' त्यसपछि खुट्टा गुमाएका मुखियाले राहतको लागि प्रशासनमा धाउँदै ८ वर्ष बिताएको बताए ।
मुुखियाको उपचारको लागि स्थानीयवासीले तत्कालै भारतको दरभङ्गा लगेका थिए । त्यहाँ उनको दायाँ खुट्टा काटिएको थियो । सम्पत्तिको नाममा रहेको दुई कठ्ठा खेत समेत उपचारमा सकियो । मुखियाकी श्रीमती सुनीतादेवीले भनिन्, 'अब जीविका चलाउन धौधौ छ ।' उनले प्रशासनले निवेदन हरायो भनेर राहत नदिएको दुखेसो पोखिन् ।
प्रकाशित मिति: २०६८ भाद्र १३ ०७:५९
http://www.ekantipur.com/kantipur/news/news-detail.php?news_id=250870
पोखरा, भाद्र १२ -
बेपत्ता श्रीमान् टंक शर्माको अवस्था सार्वजनिक माग गर्दागर्दै थाकिसकेकी स्याङ्जा किचनास ६ की आरतीले अब फर्केर आउने आशा मारेकी छन् । घरमुली बेपत्ता भएपछि बेसहारा उनी एक छोरीसहित तनहुँ दुलेगौडास्थित माइतीमै बस्छिन् । 'धेरै ठाउँमा धाए पनि केही खबर पाउन सकिनँ', आरतीले भनिन्, 'दल र सरकारले हाम्रो पीडा सुन्नुपर्यो । अवस्थाबारे प्रमाणसहित सार्वजनिक गर्नुपर्यो ।' टंकलाई सुरक्षाकर्मीले माओवादी आरोपमा ०५८ माघ ९ गते लेखनाथ १३ सुकुम्बासी बस्तीस्थित कोठाबाटै पक्रेर लगेका थिए ।
यसैगरी चोरीको आरोपमा स्थानीयबासीको कुटाइपछि ०६३ असोज ९ मा माओवादीलाई बुझाइएका लुम्ले माझगाउँका खिमबहादुर सुनार पनि अहिलेसम्म कहाँ छन् थाहा छैन । 'त्यस दिनयता बाबुको अवस्थाबारे अनविज्ञ छु,' अन्तर्राष्ट्रिय बेपत्ता दिवसमा छोरी ध्रुबाले भनिन्, 'माओवादीले पनि केही बताएको छैन ।'
माओवादी द्वन्द्व तथा विस्तृत शान्ति सम्झौतासम्म बेपत्ता भएका परिवारले अब आफ्नो सदस्य जीवितै फर्किएर आउने आशा मारिसकेका छन् । अवस्था सार्वजनिक र दोषीलाई कारबाही गर्न भइरहेका आन्दोलनप्रति सरकार उदासिन रहेको भन्दै उनीहरू आक्रोशितसमेत छन् । उनी भन्छन्, 'परिवार विचल्लीमा छन्, बेपत्ता र्फकने सम्भावना पनि देखिँदैन । राज्यले परिवारको शिक्षा, स्वास्थ्य, रोजगारी र क्षतिपूर्ति दिएर दोषीमाथि कारबाही गर्नुपर्छ । बेपत्ता आयोग गठन गरी जवाफदेहिता देखाएर न्याय दिनुपर्छ ।'
'आफूहरूको मागमा सुनुवाइ नहुँदा राज्य र दलहरू जवाफदेहिताबाट टाढिन खोजेको देखिन्छ,' बेपत्ता परिवार समाज कास्कीका अध्यक्ष अणनाथ बरालले भने, 'अवस्था सार्वजनिक, दोषीमाथि कारबाही र पीडितलाई क्षतिपूर्ति दिनुपर्यो ।' उनले कमाउने नै बेपत्ता भएपछि परिवारको दैनिक जीवन कष्टकर बन्दै गएको र यसको पीडा सबैभन्दा बढी महिला र बुढाबुढीले बेहोर्नुपरेको बताए ।
सन् ७० को दशकमा ल्याटिन अमेरिकी मुलुकमा बढी बेपत्ता पारिएपछि आफन्तले चलाएको अभियान संयुक्त राष्ट्रसंघमा पुगेपछि सन् १९८३ अगस्ट ३० देखि अन्तर्राष्ट्रिय बेपत्ता दिवस मनाइन थालिएको हो । यस अवसरमा ५ संस्थाद्वारा आयोजित कार्यक्रममा पीडितले सत्य, न्याय र परिपूरणसहितको कानुनी प्रावधान हुनुपर्नेमा जोड दिए ।
लेखनाथ १३ का सोमबहादुर विक बेपत्ता बनेपछि परिवारमा खुसी छैन । आफन्त बिरामीलाई अस्पताल लैजाँदै गर्दा विकलाई सुरक्षाकर्मीले ०५९ असार २३ मा पक्रेका थिए । 'फूलबारी ब्यारेकमा जाँदा पक्रेर ल्याएको भनेका थिए,' आमा ओमकुमारीले भनिन्, 'तर अहिलेसम्म पत्तो छैन, राज्यले हामीलाई रुवाइरह्यो ।'
बेपत्ताका फरकफरक तथ्यांक
कास्कीमा बेपत्ता हुनेको संख्या फरकफरक छ । वकालत मञ्च र रेडक्रसको अन्तर्राष्ट्रिय समितिले २९ बेपत्ताको सूचीमा राखे पनि केही व्यक्तिको नाम भिन्न छ । रेडक्रसले कुन पक्षबाट भन्ने खुलाएको छैन । मञ्चले एक माओवादीबाट, २१ राज्यपक्षबाट र अन्य सात जनाको कुनै पहिचान नभएको उल्लेख गरेको छ । इन्सेकले एक माओवादी र १६ राज्य पक्षबाट तथा मानव अधिकार आयोगले माओवादीबाट दुई, राज्यबाट ११ र अज्ञातबाट सात गरी २० बेपत्ता भएको जनाएको छ । बेपत्ता समाजले २३ जना रहेको जनाएको छ ।
यसैबीच बे पत्तासम्बन्धी अन्तर्राष्ट्रिय दिवसमा रेडक्रसको अन्तर्राष्ट्रिय समिति -आईसीआरसी) र नेपाल रेडक्रस सोसाइटीले बेपत्ता व्यक्तिको सूची सार्वजनिक गरेको छ । उक्त सूचीमा ०५२ देखि ०६३ सम्मको सशस्त्र द्वन्द्वमा बेपत्ता भई अझै अवस्थाबारे थाहा नभएका १ हजार ३ सय ८३ जनाको नाम समावेश छ ।
नेपालमा बेपत्ता भएका ती व्यक्तिका परिवारहरूले आफन्त गुमाउँदा भोग्नुपरेको पीडालाई सार्वजनिक मान्यता प्रदान गराउन र बेपत्ता आफन्तलाई के भयो भन्ने सम्बन्धमा स्पष्ट जानकारी गराउन ध्यानाकर्षण गराउन माग गरेको छ । आईसीआरसीको काठमाडौं प्रतिनिधिमण्डल उपप्रमुख ल्हर स्नेवर्गरले नेपाली अधिकारीले बेपत्ताका सम्बन्धमा यथाशक्य चाँडो जवाफ उपलब्ध गराउनु सम्बन्धित निकायको ध्यानाकर्षण गराएकी छन् ।
अपांगले राहत पाएनन्
रौतहट- सशस्त्र द्वन्द्वका बेला सेनाको गोलीले अपाङ्ग भएका एकजनाले अहिलेसम्म राहत पाएका छैनन् । जिल्ला प्रशासनमा दिएको निबेदनसमेत कर्मचारीले हराइदिँदा उनी निराश बनेका छन् ।
उपचारमा सर्वस्व सकिएपछि परिवारको अवस्था कष्टकर बनेको छ । राहतका लागि उनी महिनामा चार पटकसम्म प्रशासन धाइरहे । माधोपुर गाविस ३ का ३८ वषर्ीय रामदेव मुखियाले राहत पाउन नसकेका हुन् ।
२०६० सालमा सेनाले बिहान शौच गर्न खेतमा गएको बेला मुखियालगायत तीन जनालाई गोली हानेको थियो । उक्त घटनामा भिखर राय र महादेव मुखियाको मृत्यु भएको थियो । 'शौच गर्न गएको बेला अचानक सेनाले लाइन लगाएर गोली हान्यो,' मुखियाले भने 'साथीहरूले, म खुट्टामा गोली लागेर घाइते भएँ ।' त्यसपछि खुट्टा गुमाएका मुखियाले राहतको लागि प्रशासनमा धाउँदै ८ वर्ष बिताएको बताए ।
मुुखियाको उपचारको लागि स्थानीयवासीले तत्कालै भारतको दरभङ्गा लगेका थिए । त्यहाँ उनको दायाँ खुट्टा काटिएको थियो । सम्पत्तिको नाममा रहेको दुई कठ्ठा खेत समेत उपचारमा सकियो । मुखियाकी श्रीमती सुनीतादेवीले भनिन्, 'अब जीविका चलाउन धौधौ छ ।' उनले प्रशासनले निवेदन हरायो भनेर राहत नदिएको दुखेसो पोखिन् ।
प्रकाशित मिति: २०६८ भाद्र १३ ०७:५९
http://www.ekantipur.com/kantipur/news/news-detail.php?news_id=250870
सास देऊ कि लास
सास देऊ कि लास
'कान्तिपुर संवाददाता
बागलुङ, भाद्र १२ -
अन्तर्राष्ट्रिय बेपत्ता दिवसमा यहाँका पीडितहरूले वेदना पोख्दै भने, 'कि सास देऊ, कि लास देऊ ।'
चाडपर्व आउँदा बेपत्ताको बढी याद आउने आफन्तहरूले बताए । बानपा २ की जसोदा शर्माले भनिन्, 'सबैका घर-परिवार रमाइलो गरिरहँदा छोराछोरीलाई सम्झाउने शब्द पनि पाउँदिनँ ।' दस वर्षदेखि श्रीमान्को पत्तो पाइन्छ कि भन्दै भौतारिँदै हिँडेकी उनले छोराछोरी समेत चिन्ताले व्याकुल बन्ने गरेको दुखेसो पोखिन् ।
०५८ माघ १ गते घरैबाट सेनाले पक्राउ गरेपछि बेपत्ता श्रीमान् सूर्यप्रसाद अहिले पनि बेपत्ता सूचीमा छन् । उनको अवस्था सार्वजनिक गरी पीडितलाई १ सय ८० दिनभित्र अन्तरिम राहत प्रदान गर्न अन्तर्राष्ट्रिय मानवअधिकार समितिले नेपाल सरकारलाई निर्देशन दिएको थियो । तर ३ वर्ष पुग्दा पनि सुनुवाइ नभएपछि उनका परिवारजन निराश छन् ।
जिल्लामा अहिले २२ बेपत्ताको सूचीमा छन् । स्थानीय शान्ति समिति, न्यायका लागि द्वन्द्वपीडित समाज र वकालत मञ्च धौलागिरिले पीडितको पक्षमा राहतका लागि दबाब दिने कार्यक्रम गरे पनि सरकारी निकायबाट सहयोग नपुगेको उनीहरूले गुनासो गरे । बेपत्ताका सबै परिवारले आफन्तहरूको खोजी गर्न अझै माग गर्न छोडेका छैनन् ।
शर्माको स्थिति सार्वजनिक गर्न समितिले ०६५ कात्तिकमा नेपाल सरकारलाई निर्देशन दिएको थियो । स्वदेशभित्रका न्यायिक र अर्धन्यायिक सबै निकायमा उजुरी गर्दा पनि सुनुवाइ नभएपछि शर्माकी पत्नी जसोदा अन्तर्राष्ट्रिय तहमा पुगेकी थिइन् । 'बल्ल सास वा लास पाउने भएँ भन्ने लागेको थियो,' शर्माले भनिन्,' पाएको आस पनि अब त फेरि मर्न थालेको छ ।'
उनले अन्तर्राष्ट्रिय बेपत्ता दिवसका अवसरमा पनि जिल्लाका दल, प्रशासक र मानव अधिकारकर्मीलाई स्थिति सार्वजनिक गरिदिन आग्रह गरिरहेकी छन् ।
घरमा सुतिरहेको समयमा सेनाले गिरफ्तार गरी शर्मालाई बागलुङकै कालीप्रसाद गणमा लगेको थियो ।
प्रकाशित मिति: २०६८ भाद्र १३ ०७:
http://www.ekantipur.com/kantipur/news/news-detail.php?news_id=250869
'कान्तिपुर संवाददाता
बागलुङ, भाद्र १२ -
अन्तर्राष्ट्रिय बेपत्ता दिवसमा यहाँका पीडितहरूले वेदना पोख्दै भने, 'कि सास देऊ, कि लास देऊ ।'
चाडपर्व आउँदा बेपत्ताको बढी याद आउने आफन्तहरूले बताए । बानपा २ की जसोदा शर्माले भनिन्, 'सबैका घर-परिवार रमाइलो गरिरहँदा छोराछोरीलाई सम्झाउने शब्द पनि पाउँदिनँ ।' दस वर्षदेखि श्रीमान्को पत्तो पाइन्छ कि भन्दै भौतारिँदै हिँडेकी उनले छोराछोरी समेत चिन्ताले व्याकुल बन्ने गरेको दुखेसो पोखिन् ।
०५८ माघ १ गते घरैबाट सेनाले पक्राउ गरेपछि बेपत्ता श्रीमान् सूर्यप्रसाद अहिले पनि बेपत्ता सूचीमा छन् । उनको अवस्था सार्वजनिक गरी पीडितलाई १ सय ८० दिनभित्र अन्तरिम राहत प्रदान गर्न अन्तर्राष्ट्रिय मानवअधिकार समितिले नेपाल सरकारलाई निर्देशन दिएको थियो । तर ३ वर्ष पुग्दा पनि सुनुवाइ नभएपछि उनका परिवारजन निराश छन् ।
जिल्लामा अहिले २२ बेपत्ताको सूचीमा छन् । स्थानीय शान्ति समिति, न्यायका लागि द्वन्द्वपीडित समाज र वकालत मञ्च धौलागिरिले पीडितको पक्षमा राहतका लागि दबाब दिने कार्यक्रम गरे पनि सरकारी निकायबाट सहयोग नपुगेको उनीहरूले गुनासो गरे । बेपत्ताका सबै परिवारले आफन्तहरूको खोजी गर्न अझै माग गर्न छोडेका छैनन् ।
शर्माको स्थिति सार्वजनिक गर्न समितिले ०६५ कात्तिकमा नेपाल सरकारलाई निर्देशन दिएको थियो । स्वदेशभित्रका न्यायिक र अर्धन्यायिक सबै निकायमा उजुरी गर्दा पनि सुनुवाइ नभएपछि शर्माकी पत्नी जसोदा अन्तर्राष्ट्रिय तहमा पुगेकी थिइन् । 'बल्ल सास वा लास पाउने भएँ भन्ने लागेको थियो,' शर्माले भनिन्,' पाएको आस पनि अब त फेरि मर्न थालेको छ ।'
उनले अन्तर्राष्ट्रिय बेपत्ता दिवसका अवसरमा पनि जिल्लाका दल, प्रशासक र मानव अधिकारकर्मीलाई स्थिति सार्वजनिक गरिदिन आग्रह गरिरहेकी छन् ।
घरमा सुतिरहेको समयमा सेनाले गिरफ्तार गरी शर्मालाई बागलुङकै कालीप्रसाद गणमा लगेको थियो ।
प्रकाशित मिति: २०६८ भाद्र १३ ०७:
http://www.ekantipur.com/kantipur/news/news-detail.php?news_id=250869
Thursday, August 25, 2011
शान्ति समितिको गलत प्रयोग
शान्ति समितिको गलत प्रयोग
Wednesday, 24 August 2011 15:57 सुमन अधिकारी
दस वर्षे हिंसात्मक द्वन्द्वका नाममा हत्या, हिंसा, बेपत्ता, कुटपीट, लुटपाट तथा विस्थापनजस्ता मानवअधिकार हनन्का अनगिन्ती घटना भए। त्यस्ता घटनाबाट पीडित नागरिकका समस्या सुन्ने तथा समाधान गर्ने, तिनलाई न्याय तथा सहयोग प्रदान गर्ने उद्देश्यले जिल्लाजिल्लामा स्थानीय शान्ति समिति गठन गरिएका छन्। बिडम्वना, त्यस्ता समितिबाट वास्तविक द्वन्द्वपीडितका समस्या उपेक्षित हुने र राजनीतिक दलका कार्यकर्ताको स्वार्थमात्र पुरा हुने गरेको छ। द्वन्द्वपीडितलाई परेका समस्या र अन्याय समाधानको बाटो पहिल्याउने र जारी शान्ति प्रक्रियाका माध्यमबाट स्थानीयतहसम्म न्याय, मेलमिलाप र सहुलियत प्रदान गर्ने हेतुले गठित स्थानीय शान्ति समितिमा द्वन्द्वपीडितलाई बेवास्ता एवं काखा र पाखा गर्नु शान्ति सम्झौताको भावना र मर्मविपरीत हो।
हालैमात्र सहायता वितरणमा वास्तविक द्वन्द्वपीडित छुटाइएको, पहुँचवालाले मात्र सहयोग पाउने गरेको र शान्ति समितिमा पार्टी कार्यकर्ताको रजाइँ भएको भन्दै द्वन्द्वपीडितहरूले शान्ति समिति, कालीकोटमा तालाबन्दी गरेका छन्। त्यसैगरी काभे्रका द्वन्द्वपीडितले राजनीतिक दल निकटकालाई मात्र सहायता वितरण गरिएको तर पार्टीहरूमा सम्बद्ध नभएका पीडितलाई सहयोग पाउन कठिन भएको गुनासो गरेका छन्।
द्वन्द्वका क्रममा राजनीतिक दलमा आस्थावान् नागरिकहरू, दलका कार्यकर्तालगायत पार्टी राजनीतिमा उति चासो नराख्ने नागरिकसमेत पीडित भएका थिए। द्वन्द्व सकिएपछि सहयोग र न्याय पाउनु पार्टीमा आबद्ध भएका र नभएका सबै द्वन्द्वपीडितको नैसर्गिक अधिकार हो।
न्याय, सहायता तथा पुनः स्थापनासम्बन्धी कार्यक्रम द्वन्द्वपीडितका अधिकार हुन्। ती कार्यक्रम बिनाभेदभाव इमानदारीपूर्वक कार्यान्वयन गर्नु गराउनु आफ्नो जिम्मेवारी हो भन्ने तथ्य केन्द्रदेखि स्थानीय तहसम्म शान्ति प्रक्रियालाई कार्यान्वयन गर्ने जिम्मेवारी पाएका राजनीतिक दल र सरकारी अधिकारीले आत्मसात् गरेका छैनन्। सहयोग त पीडितले माग्ने र आफूले दिने वस्तु हो भन्ने तिनले ठानेको देखिएको छ।
विस्तृत शान्ति सम्झौता र त्यसपछि बनेका सम्झौता सहमति तथा समझदारीको स्थानीयस्तरमा कार्यान्वयन गर्न जिल्ला जिल्लामा स्थानीय शान्ति समिति गठन गर्ने अवधारणा ल्याइएको हो। हालसम्म ७४ जिल्ला, ५८ नगर तथा १५ सय गाउँ विकास समितिमा स्थानीय शान्ति समिति गठन भइसकेका छन्। तर, राजनीतिक खिचातानी एवं अविश्वास, पीडितको पीडाप्रतिको संवेदनहीनता एवं जवाफदेहिताको कमीका कारण शान्ति समितिले स्थानीयरूपमा द्वन्द्व समाधान एवं पीडितका समस्या समाधानमा अपेक्षित काम गर्नसकेका छैनन्।
शान्ति समितिले द्वन्द्वपीडितको पहिचान तथा सहायताको प्रकृति तथा परिमाणको निर्णय एवं सिफारिससमेत गर्ने जिम्मेवारी पाएका छन्। द्वन्द्वपीडितहरू आफूलाई परेको पीडा, अन्याय र समस्याका सम्बन्धमा निर्णय र सिफारिसका लागि प्रतीक्षामा रहने गरेका छन्। तर आवश्यक कागजात पेस गरेको महिनौसम्म पनि मूलतः राजनीतिक दलहरूबीचको असमझदारी, पक्षपातपूर्ण व्यवहार तथा संवेदनहीनताले शान्ति समितिको बैठकै बस्दैन। बैठक बसे पनि आग्रह पूर्वाग्रहका कारण आवश्यक निर्णय र सिफारिस हुन सत्तै्कन। फलस्वरूप, पीडितहरू सेवासुविधा तथा सहयोगबाट वञ्चित हुने गरेका छन्। फलतः द्वन्द्वपीडितको सहायताका लागि पठाइएको रकम फ्रिज हुने गरेको तर शान्ति समितिका सदस्य देशविदेश भ्रमणमा जाने र मोजमस्ती गर्ने गरेका विसंगति देखिएका छन्। साथै कर्मचारीले पनि पीडितजनको मर्का बुझी आवश्यक सहयोग गर्नुको साटो विभिन्न बहानामा दुःख दिने गरेका गुनासा सुनिएको छ। सिफारिस र सहायताका लागि यता र उता धाउँदाधाउँदा पीडित झन् पीडित हुनेगरेका छन्।
द्वन्द्वपीडितको प्रकृति र आवश्यकताको वर्गीकरणसहितको तथ्यांक तयार पार्न र सोबमोजिम द्वन्द्वपीडितको शिक्षा, स्वास्थ्य, रोजगारी, आयमूलक सीप तथा पुनःस्थापनाका कार्यक्रम तर्जुमा गर्न तथा पीडितजनकै सक्रिय सहभागितामा ती कार्यक्रम सञ्चालन गर्नका पीडितहरूले सम्बन्धित सरकारी निकाय तथा राजनीतिक दलसमक्ष माग गर्दै आएका छन्। शान्ति सम्झौता सम्पन्न भएको ५ वर्ष पुग्न लाग्दासमेत द्वन्द्वपीडितको प्रकृतिबमोजिमको यथार्थ तथ्यांंक र ती पीडित नागरिकलाइ प्रदान गर्नुपर्ने सेवासुविधा र सहुलियतको प्रकृति तथा परिमाणको खाका तयार गर्नेतर्फ राज्यले ध्यान दिएको छैन। दीर्घकालीन नीति कार्यक्रमभन्दा सहयोगका नाममा आफ्ना कार्यकर्तालाई पैसा बाँड्ने र कार्यकर्तालाई दिएको रकममा पार्टीले रजाई गर्ने दाउमा एनेकपा (माओवादी) रहेको देखिएको छ। पहिले नै पीडितहरूलाई सहयोगस्वरूप लाख रुपियाँ दिइएकाले अब न्याय, सहायता तथा पुनःस्थापनाका विषय उठाइरहन आवश्यक छैन भन्ने गैरजिम्मेवार धारणा अन्य पार्टीमा रहेको छ।
स्थानीय शान्ति समिति राजनीतिक दलका भागबन्डाका अखडा बनाउने र आफ्नो दल निकटका व्यक्तिलागि सहयोग दिँदा प्राथमिकता दिने कार्य तुरुन्त बन्द गर्नुपर्छ। द्वन्द्वको प्रत्यक्ष पीडा भोगेका व्यक्तिलाई पार्टीहरूले शान्ति समितिमा प्रतिनिधि पठाएमा द्वन्द्वपीडितको समस्या र पीडा बुझ्न र समाधान गर्न धेरै सहज हुनेछ। सबै द्वन्द्वपीडितका पीरमर्का समाधान गर्ने र द्वन्द्व व्यवस्थापनामा वास्तवमै योगदान पुर्याउने निष्पक्ष संयन्त्रका रूपमा स्थानीय शान्ति समितिलाई विकसित गरिनुपर्छ।
http://www.nagariknews.com/opinions/98-opinion/30429-2011-08-24-10-13-38.html
Wednesday, 24 August 2011 15:57 सुमन अधिकारी
दस वर्षे हिंसात्मक द्वन्द्वका नाममा हत्या, हिंसा, बेपत्ता, कुटपीट, लुटपाट तथा विस्थापनजस्ता मानवअधिकार हनन्का अनगिन्ती घटना भए। त्यस्ता घटनाबाट पीडित नागरिकका समस्या सुन्ने तथा समाधान गर्ने, तिनलाई न्याय तथा सहयोग प्रदान गर्ने उद्देश्यले जिल्लाजिल्लामा स्थानीय शान्ति समिति गठन गरिएका छन्। बिडम्वना, त्यस्ता समितिबाट वास्तविक द्वन्द्वपीडितका समस्या उपेक्षित हुने र राजनीतिक दलका कार्यकर्ताको स्वार्थमात्र पुरा हुने गरेको छ। द्वन्द्वपीडितलाई परेका समस्या र अन्याय समाधानको बाटो पहिल्याउने र जारी शान्ति प्रक्रियाका माध्यमबाट स्थानीयतहसम्म न्याय, मेलमिलाप र सहुलियत प्रदान गर्ने हेतुले गठित स्थानीय शान्ति समितिमा द्वन्द्वपीडितलाई बेवास्ता एवं काखा र पाखा गर्नु शान्ति सम्झौताको भावना र मर्मविपरीत हो।
हालैमात्र सहायता वितरणमा वास्तविक द्वन्द्वपीडित छुटाइएको, पहुँचवालाले मात्र सहयोग पाउने गरेको र शान्ति समितिमा पार्टी कार्यकर्ताको रजाइँ भएको भन्दै द्वन्द्वपीडितहरूले शान्ति समिति, कालीकोटमा तालाबन्दी गरेका छन्। त्यसैगरी काभे्रका द्वन्द्वपीडितले राजनीतिक दल निकटकालाई मात्र सहायता वितरण गरिएको तर पार्टीहरूमा सम्बद्ध नभएका पीडितलाई सहयोग पाउन कठिन भएको गुनासो गरेका छन्।
द्वन्द्वका क्रममा राजनीतिक दलमा आस्थावान् नागरिकहरू, दलका कार्यकर्तालगायत पार्टी राजनीतिमा उति चासो नराख्ने नागरिकसमेत पीडित भएका थिए। द्वन्द्व सकिएपछि सहयोग र न्याय पाउनु पार्टीमा आबद्ध भएका र नभएका सबै द्वन्द्वपीडितको नैसर्गिक अधिकार हो।
न्याय, सहायता तथा पुनः स्थापनासम्बन्धी कार्यक्रम द्वन्द्वपीडितका अधिकार हुन्। ती कार्यक्रम बिनाभेदभाव इमानदारीपूर्वक कार्यान्वयन गर्नु गराउनु आफ्नो जिम्मेवारी हो भन्ने तथ्य केन्द्रदेखि स्थानीय तहसम्म शान्ति प्रक्रियालाई कार्यान्वयन गर्ने जिम्मेवारी पाएका राजनीतिक दल र सरकारी अधिकारीले आत्मसात् गरेका छैनन्। सहयोग त पीडितले माग्ने र आफूले दिने वस्तु हो भन्ने तिनले ठानेको देखिएको छ।
विस्तृत शान्ति सम्झौता र त्यसपछि बनेका सम्झौता सहमति तथा समझदारीको स्थानीयस्तरमा कार्यान्वयन गर्न जिल्ला जिल्लामा स्थानीय शान्ति समिति गठन गर्ने अवधारणा ल्याइएको हो। हालसम्म ७४ जिल्ला, ५८ नगर तथा १५ सय गाउँ विकास समितिमा स्थानीय शान्ति समिति गठन भइसकेका छन्। तर, राजनीतिक खिचातानी एवं अविश्वास, पीडितको पीडाप्रतिको संवेदनहीनता एवं जवाफदेहिताको कमीका कारण शान्ति समितिले स्थानीयरूपमा द्वन्द्व समाधान एवं पीडितका समस्या समाधानमा अपेक्षित काम गर्नसकेका छैनन्।
शान्ति समितिले द्वन्द्वपीडितको पहिचान तथा सहायताको प्रकृति तथा परिमाणको निर्णय एवं सिफारिससमेत गर्ने जिम्मेवारी पाएका छन्। द्वन्द्वपीडितहरू आफूलाई परेको पीडा, अन्याय र समस्याका सम्बन्धमा निर्णय र सिफारिसका लागि प्रतीक्षामा रहने गरेका छन्। तर आवश्यक कागजात पेस गरेको महिनौसम्म पनि मूलतः राजनीतिक दलहरूबीचको असमझदारी, पक्षपातपूर्ण व्यवहार तथा संवेदनहीनताले शान्ति समितिको बैठकै बस्दैन। बैठक बसे पनि आग्रह पूर्वाग्रहका कारण आवश्यक निर्णय र सिफारिस हुन सत्तै्कन। फलस्वरूप, पीडितहरू सेवासुविधा तथा सहयोगबाट वञ्चित हुने गरेका छन्। फलतः द्वन्द्वपीडितको सहायताका लागि पठाइएको रकम फ्रिज हुने गरेको तर शान्ति समितिका सदस्य देशविदेश भ्रमणमा जाने र मोजमस्ती गर्ने गरेका विसंगति देखिएका छन्। साथै कर्मचारीले पनि पीडितजनको मर्का बुझी आवश्यक सहयोग गर्नुको साटो विभिन्न बहानामा दुःख दिने गरेका गुनासा सुनिएको छ। सिफारिस र सहायताका लागि यता र उता धाउँदाधाउँदा पीडित झन् पीडित हुनेगरेका छन्।
द्वन्द्वपीडितको प्रकृति र आवश्यकताको वर्गीकरणसहितको तथ्यांक तयार पार्न र सोबमोजिम द्वन्द्वपीडितको शिक्षा, स्वास्थ्य, रोजगारी, आयमूलक सीप तथा पुनःस्थापनाका कार्यक्रम तर्जुमा गर्न तथा पीडितजनकै सक्रिय सहभागितामा ती कार्यक्रम सञ्चालन गर्नका पीडितहरूले सम्बन्धित सरकारी निकाय तथा राजनीतिक दलसमक्ष माग गर्दै आएका छन्। शान्ति सम्झौता सम्पन्न भएको ५ वर्ष पुग्न लाग्दासमेत द्वन्द्वपीडितको प्रकृतिबमोजिमको यथार्थ तथ्यांंक र ती पीडित नागरिकलाइ प्रदान गर्नुपर्ने सेवासुविधा र सहुलियतको प्रकृति तथा परिमाणको खाका तयार गर्नेतर्फ राज्यले ध्यान दिएको छैन। दीर्घकालीन नीति कार्यक्रमभन्दा सहयोगका नाममा आफ्ना कार्यकर्तालाई पैसा बाँड्ने र कार्यकर्तालाई दिएको रकममा पार्टीले रजाई गर्ने दाउमा एनेकपा (माओवादी) रहेको देखिएको छ। पहिले नै पीडितहरूलाई सहयोगस्वरूप लाख रुपियाँ दिइएकाले अब न्याय, सहायता तथा पुनःस्थापनाका विषय उठाइरहन आवश्यक छैन भन्ने गैरजिम्मेवार धारणा अन्य पार्टीमा रहेको छ।
स्थानीय शान्ति समिति राजनीतिक दलका भागबन्डाका अखडा बनाउने र आफ्नो दल निकटका व्यक्तिलागि सहयोग दिँदा प्राथमिकता दिने कार्य तुरुन्त बन्द गर्नुपर्छ। द्वन्द्वको प्रत्यक्ष पीडा भोगेका व्यक्तिलाई पार्टीहरूले शान्ति समितिमा प्रतिनिधि पठाएमा द्वन्द्वपीडितको समस्या र पीडा बुझ्न र समाधान गर्न धेरै सहज हुनेछ। सबै द्वन्द्वपीडितका पीरमर्का समाधान गर्ने र द्वन्द्व व्यवस्थापनामा वास्तवमै योगदान पुर्याउने निष्पक्ष संयन्त्रका रूपमा स्थानीय शान्ति समितिलाई विकसित गरिनुपर्छ।
http://www.nagariknews.com/opinions/98-opinion/30429-2011-08-24-10-13-38.html
Friday, August 19, 2011
Sharp fall in ability of Nepalese journalists to work freely
NEPAL
Sharp fall in ability of Nepalese journalists to work freely
Reporters Without Borders has noted an increase in threats and attacks against journalists since the start of the year in Nepal. After an apparent improvement in the situation in 2010, political instability and an increase in activity by several political parties and armed groups are threatening media freedom and the safety of journalists, especially in the districts.
“Some political leaders are providing political protection to people who are threatening and attacking journalists and media,” Reporters Without Borders said. “This encourages a climate of impunity that is endangering all the achievements of previous months regarding press freedom.”
The authorities were unable to bring the Youth Force leader Parshuram Basnet to justice for allegedly masterminding the beating of the journalist Khilanath Dhakal in the southeastern city of Biratnagar. Basnet is a leading member of a youth group affiliated to the Communist Party of Nepal (Unified Marxist-Leninist), the party of Jhala Nath Khanal, who has just resigned as prime minister. Several members of the Morang District police, including a deputy superintendant, have been relieved from duty for helping Basnet and his accomplices to escape.
“The Nepalese government must adopt measures to stop any collusion between officials and people who are wanted by the judicial authorities,” Reporters Without Borders added, “The government must also protect journalists from the activities of politically-motivated groups.”
Physical attacks
In one of the most recent cases of physical violence, Kishor Budhathoki, a journalist working for the Himalayan Times and the Annapurna Post, was brutally attacked at his home in the eastern district of Sankhuwasabha on 11 August by 10 armed men led by Vikas Rai, a notorious criminal in the region, police said.
Budhathoki was taken to Nobel Medical College hospital in Biratnagar with serious injuries to the head, legs and hands. Doctors described his condition as critical. The attack was prompted by a report on domestic violence carried by radio Khandbari FM, in which Budhathoki referred to Rai’s violence against women.
Six teams consisting of members of the regular police and the Armed Police Force (APF) are reportedly looking for Budhathoki’s assailants, who are still at large. Sankhuwasabha Chief District Officer Kailashnath Kharel said: “All the political parties in the district have expressed willingness to help the administration to arrest the attackers.”
Manoj Ghimire, a journalist with the national daily Rajdhani, was manhandled by police inspector Hari Bashyal while trying to cover a sports event on 6 August in Kathmandu. Security officials then prevented him from entering the sports stadium.
Fourteen journalists were roughed up by employees of the Aaptari road toll during an informal meeting at a police station in south-central Chitwan district on 19 June, when the employees became angered by questions about their levying illegal supplementary tolls. They later apologized to the journalists.
An unidentified group threw Bimal Hamal and Suman Malla, journalists based in mid-western Himalayan District of Mugu, off a cliff on 2 June. On the same day, Rajendra Awasthi, the executive editor of the local daily Angel Times, was injured in an attack by three unidentified gang members in the far-western city of Mahendranagar.
Threats Mahesh Basnet, the president of the Youth Association Nepal (YAN), threatened to close the daily Nagarik and jail its editor, Narayan Wagle, during a meeting of young activists in Biratnagar on 13 August. “The day a new constitution is drafted in our favour, we will close down Nagarik daily and send its editor Narayan Wagle to jail,” he said.
He also threatened to target journalists who criticize fellow youth leader Parshuram Basnet. “We will settle scores with everyone sooner or later, if not tomorrow. We have made a list of all the names.” Referring to the journalist Khilanath Dhakal, he added: “We will show what happens when a nonentity takes us on.”
Santosh Yadav, a reporter for Rajdhani national daily in southeastern Siraha District, was threatened on 8 August by the Rajan Mukti Faction, a clandestine armed group similar to Janatantrik Terai Mukti Morcha (JTMM). He said that Vaskar Mukti, a key member of the group, posted this message on Facebook: “Mr. Santosh, I’ve heard that you are working for the police administration. It was sure you had a role in the arrest of Morcha’s leader, Jay Mukti. Contact us soon, otherwise the high command of the Morcha will take physical action against you.”
Denying Vaskar Mukti’s claims, Yadav said he had no role in an article about Jay Mukti’s arrest that was published several weeks ago in the local daily Anukalpa, for which he also works as a reporter.
Keshav Ghimire, a journalist based in the eastern city of Dharan who edits the daily Fast Times, was threatened by local gang leader Thaman Gurung on 31 July, two days after publishing an article reporting that Gurung was responsible for a recent attack on a youth in the region.
Shreeram Sigdel, a correspondent for the Himalayan Times and Annapurna Post in south-central Nawalparasi District, was the target of death threats by Dronababu Shivakoti, a local leader of the Unified Communist Party of Nepal (Maoist), on 22 July in connection with an article quoting Shivakoti commenting on a case of smuggling involving a Young Communist League member.
The businessman Raju Shrestha telephoned Udaya Singh Shrestha, the editor of the daily Nishpaksha Dhwani in the mid-western city of Nepalgunj, on 21 June and threatened to kill him because of an article that supposedly hurt his business interests.
Janatantrik Terai Mukti Morcha (JTMM), an armed group that claims to defend the interests of the population in the Terai region, sent intimidatory letters to several local newspapers in the southeastern Janakpur region on 21 June demanding that they begin publishing in the Maithili language within 35 days.
Nepal is ranked 119th out of 178 countries in the 2010 Reporters Without Borders press freedom index.
http://en.rsf.org/nepal-sharp-fall-in-ability-of-nepalese-18-08-2011,40807.html
Sharp fall in ability of Nepalese journalists to work freely
Reporters Without Borders has noted an increase in threats and attacks against journalists since the start of the year in Nepal. After an apparent improvement in the situation in 2010, political instability and an increase in activity by several political parties and armed groups are threatening media freedom and the safety of journalists, especially in the districts.
“Some political leaders are providing political protection to people who are threatening and attacking journalists and media,” Reporters Without Borders said. “This encourages a climate of impunity that is endangering all the achievements of previous months regarding press freedom.”
The authorities were unable to bring the Youth Force leader Parshuram Basnet to justice for allegedly masterminding the beating of the journalist Khilanath Dhakal in the southeastern city of Biratnagar. Basnet is a leading member of a youth group affiliated to the Communist Party of Nepal (Unified Marxist-Leninist), the party of Jhala Nath Khanal, who has just resigned as prime minister. Several members of the Morang District police, including a deputy superintendant, have been relieved from duty for helping Basnet and his accomplices to escape.
“The Nepalese government must adopt measures to stop any collusion between officials and people who are wanted by the judicial authorities,” Reporters Without Borders added, “The government must also protect journalists from the activities of politically-motivated groups.”
Physical attacks
In one of the most recent cases of physical violence, Kishor Budhathoki, a journalist working for the Himalayan Times and the Annapurna Post, was brutally attacked at his home in the eastern district of Sankhuwasabha on 11 August by 10 armed men led by Vikas Rai, a notorious criminal in the region, police said.
Budhathoki was taken to Nobel Medical College hospital in Biratnagar with serious injuries to the head, legs and hands. Doctors described his condition as critical. The attack was prompted by a report on domestic violence carried by radio Khandbari FM, in which Budhathoki referred to Rai’s violence against women.
Six teams consisting of members of the regular police and the Armed Police Force (APF) are reportedly looking for Budhathoki’s assailants, who are still at large. Sankhuwasabha Chief District Officer Kailashnath Kharel said: “All the political parties in the district have expressed willingness to help the administration to arrest the attackers.”
Manoj Ghimire, a journalist with the national daily Rajdhani, was manhandled by police inspector Hari Bashyal while trying to cover a sports event on 6 August in Kathmandu. Security officials then prevented him from entering the sports stadium.
Fourteen journalists were roughed up by employees of the Aaptari road toll during an informal meeting at a police station in south-central Chitwan district on 19 June, when the employees became angered by questions about their levying illegal supplementary tolls. They later apologized to the journalists.
An unidentified group threw Bimal Hamal and Suman Malla, journalists based in mid-western Himalayan District of Mugu, off a cliff on 2 June. On the same day, Rajendra Awasthi, the executive editor of the local daily Angel Times, was injured in an attack by three unidentified gang members in the far-western city of Mahendranagar.
Threats Mahesh Basnet, the president of the Youth Association Nepal (YAN), threatened to close the daily Nagarik and jail its editor, Narayan Wagle, during a meeting of young activists in Biratnagar on 13 August. “The day a new constitution is drafted in our favour, we will close down Nagarik daily and send its editor Narayan Wagle to jail,” he said.
He also threatened to target journalists who criticize fellow youth leader Parshuram Basnet. “We will settle scores with everyone sooner or later, if not tomorrow. We have made a list of all the names.” Referring to the journalist Khilanath Dhakal, he added: “We will show what happens when a nonentity takes us on.”
Santosh Yadav, a reporter for Rajdhani national daily in southeastern Siraha District, was threatened on 8 August by the Rajan Mukti Faction, a clandestine armed group similar to Janatantrik Terai Mukti Morcha (JTMM). He said that Vaskar Mukti, a key member of the group, posted this message on Facebook: “Mr. Santosh, I’ve heard that you are working for the police administration. It was sure you had a role in the arrest of Morcha’s leader, Jay Mukti. Contact us soon, otherwise the high command of the Morcha will take physical action against you.”
Denying Vaskar Mukti’s claims, Yadav said he had no role in an article about Jay Mukti’s arrest that was published several weeks ago in the local daily Anukalpa, for which he also works as a reporter.
Keshav Ghimire, a journalist based in the eastern city of Dharan who edits the daily Fast Times, was threatened by local gang leader Thaman Gurung on 31 July, two days after publishing an article reporting that Gurung was responsible for a recent attack on a youth in the region.
Shreeram Sigdel, a correspondent for the Himalayan Times and Annapurna Post in south-central Nawalparasi District, was the target of death threats by Dronababu Shivakoti, a local leader of the Unified Communist Party of Nepal (Maoist), on 22 July in connection with an article quoting Shivakoti commenting on a case of smuggling involving a Young Communist League member.
The businessman Raju Shrestha telephoned Udaya Singh Shrestha, the editor of the daily Nishpaksha Dhwani in the mid-western city of Nepalgunj, on 21 June and threatened to kill him because of an article that supposedly hurt his business interests.
Janatantrik Terai Mukti Morcha (JTMM), an armed group that claims to defend the interests of the population in the Terai region, sent intimidatory letters to several local newspapers in the southeastern Janakpur region on 21 June demanding that they begin publishing in the Maithili language within 35 days.
Nepal is ranked 119th out of 178 countries in the 2010 Reporters Without Borders press freedom index.
http://en.rsf.org/nepal-sharp-fall-in-ability-of-nepalese-18-08-2011,40807.html
Saturday, August 13, 2011
5 youths murdered by govt forces: Report
Home Ministry brushes aside document
POST REPORT
KATHMANDU, AUG 12 - 2011
An expert group assigned by the National Human Rights Commission (NHRC) to look into the gruesome Dhanusha killings of 2003 has finalised its detailed investigation report confirming that the five individuals, who disappeared in October 2003 while in detention, died at the hands of the security forces.
The report, likely to be submitted to the NHRC this week, has concluded that Jitendra Jha (23), Sanjeev K Karna (25), Sailendra Yadav (18), Durgesh Lav (23) and Pramod N Mandal (19) were arrested, blindfolded, shot dead and buried on the banks of Kamala river in Godar, Dhanusha in October 2003. The report has held then SP Kuber Singh Rana (now AIG), SSP Chuda B Shrestha, the then head of Nepal Army Dharapani Barracks in Dhanusha, and then Dhanusha CDO Rewati Raman Kafle responsible for the killings. The officials are also named in the FIRs filed at District Police Office Dhanusha by victims' families in July 2006. The report has recommended starting a police probe, if needed, into the incident and initiating process to deliver speedy justice to the victims.
NHRC officials said once the expert panel tables the report it will be submitted to the PMO along with recommendations. “We will recommend the government for initiating a case against the responsible officials,” said NHRC member Gauri Pradhan, who leads the probe team.
The rights defenders have been keen to see how the government responds to the report. For when the expert team started exhumation in Dhanusha, the government had urged NHRC to stop investigation, stating “as per the Interim Constitution, only the proposed commission on disappearances could handle the conflict-related cases”. The Home Ministry had argued that it was beyond the jurisdiction of the existing judiciary to deal with wartime crimes.
However, NHRC ignored the government call and continued investigation stating that justice cannot be denied to the victims citing absence of transitional justice mechanisms (on disappearance and truth and reconciliation).
The report prepared after over a yearlong study with the support of OHCHR-Nepal gives a detailed description of how, where, when and under what circumstances the five were killed. The exhumation report has revealed that all the five persons had their hands tied and blindfolded before being shot. “The statements from the witnesses, the family members, circumstantial evidences and the matching of ante-mortem and post-mortem reports confirmed that the skeletons exhumed from the Kamala River banks were of the five individuals and they were killed at the hands of the security forces,” said an expert in the probe team. The report, however, will not include the DNA identification report to be sent shortly by the University of Helsinki (Finland) and National Forensic Laboratory of Nepal. NHRC had sent remains of the bones exhumed from the burial site for investigation to the labs.
Home Ministry officials said the report would not make any difference until the transitional mechanisms--TRC and Commission on Disappearances--are established. “The basic thing is that without establishing the proposed transitional justice mechanisms, there won't be much progress in addressing the conflict-related crimes,” said Home Ministry Spokesperson Sudhir Shah.
Two bills proposing the mechanisms are pending at the House. The Supreme Court, however, has made it clear that the government cannot defer probe and refuse to initiate court cases in conflict-related crimes even if they were committed for “political reasons”.
Posted on: 2011-08-13 09:33
http://www.ekantipur.com/the-kathmandu-post/2011/08/12/nation/5-youths-murdered-by--govt-forces-report/225112.html
Friday, August 12, 2011
State of nepali state: Govt officials harassing us: Madhesi activists
Prashant Jha
KATHMANDU, AUG 11 - 2011
Two prominent Madhesi human rights activists have alleged that government officials have ‘directly and indirectly threatened’ them due to their work related to accountability and justice in the Tarai.
Dipendra Jha, chairperson of the Democratic Freedom and Human Rights Institute (DFHRI), and Ravi Thakur, the Kapilbastu-based chairperson of the Madhesi Human Rights Home, have warned that they can no longer continue their work in the present ‘climate of fear’. On Thursday, they registered a written complaint with the National Human Rights Commission (NHRC).
In March, the human rights group had released a report on extra-judicial executions in the Tarai, documenting 133 cases which found that state security personnel had killed civilians and alleged armed group activists in ‘encounters’. Armed groups were found to be involved in 128 cases of extra-judicial killings. In June, Dipendra Jha, who is also a lawyer, filed a public interest litigation in the Supreme Court, which issued a show-cause notice to the authorities concerned. The Samyukta Loktantrik Madhesi Morcha had referred to the report while asking the government to conduct a full investigation into the matter. Jha had also highlighted the issue with UN human rights officials in Geneva recently.
“A senior police officer directly told me to drop the case,” Jha told the Post. “I have also received indirect messages—through different channels—that there is a plot to target me if I continue with my activism, especially with regard to extra judicial killings.”
Jha said the level of individual risk against him was “extremely high,” and that he planned to stop pursuing and arguing the case for now.
“There is no support from any quarter, and I feel my life is at risk. Unless the present game-plan of the high level bureaucracy, supported by politicians, to target individuals stops, we cannot continue working.”
Ravi Thakur, who is based in Taulihawa, claims that his opposition to illegal detention in Rupandehi has brought him in direct conflict with the local police there. “The police there often arrest young men and women without a warrant, and detain them for weeks without filing any case. All those arrested are inevitably from the Madhesi community, and there is clear discrimination. When we raise the issue, the police officials first deny they have anyone in custody, and then accuse us of acting on behalf of the armed groups.”
Thakur said that by linking them with armed groups, the police want to intimidate and then create grounds for persecuting the activists.
“How can the police accuse me of being a separatist when I organised several inter-community dialogues in the region after the Kapilbastu riots, and even got a delegation of victims—many of whom are pahadis—to Kathmandu recently demanding compensation?”
Both Jha and Thakur allege that they have received almost no support and solidarity from the Kathmandu civil society and human rights organisations. “We have approached leaders of major human rights organisations, but they have not responded positively. Instead, they taunt us and say ‘why do you only raise Madhesi, and not national, issues’? Isn’t killing and illegal arrests in Madhes a national issue?”
They have also alerted the Kathmandu office of the OHCHR-N. “The Tarai Human Rights Defenders Alliance, a loose network of activists in the plains, will stop working if the government doesn’t end this intimidation,” said Jha.
Posted on: 2011-08-12 08:49
http://www.ekantipur.com/the-kathmandu-post/2011/08/11/top-story/state-of-nepali-state-govt-officials-harassing-us-madhesi-activists/225066.html
KATHMANDU, AUG 11 - 2011
Two prominent Madhesi human rights activists have alleged that government officials have ‘directly and indirectly threatened’ them due to their work related to accountability and justice in the Tarai.
Dipendra Jha, chairperson of the Democratic Freedom and Human Rights Institute (DFHRI), and Ravi Thakur, the Kapilbastu-based chairperson of the Madhesi Human Rights Home, have warned that they can no longer continue their work in the present ‘climate of fear’. On Thursday, they registered a written complaint with the National Human Rights Commission (NHRC).
In March, the human rights group had released a report on extra-judicial executions in the Tarai, documenting 133 cases which found that state security personnel had killed civilians and alleged armed group activists in ‘encounters’. Armed groups were found to be involved in 128 cases of extra-judicial killings. In June, Dipendra Jha, who is also a lawyer, filed a public interest litigation in the Supreme Court, which issued a show-cause notice to the authorities concerned. The Samyukta Loktantrik Madhesi Morcha had referred to the report while asking the government to conduct a full investigation into the matter. Jha had also highlighted the issue with UN human rights officials in Geneva recently.
“A senior police officer directly told me to drop the case,” Jha told the Post. “I have also received indirect messages—through different channels—that there is a plot to target me if I continue with my activism, especially with regard to extra judicial killings.”
Jha said the level of individual risk against him was “extremely high,” and that he planned to stop pursuing and arguing the case for now.
“There is no support from any quarter, and I feel my life is at risk. Unless the present game-plan of the high level bureaucracy, supported by politicians, to target individuals stops, we cannot continue working.”
Ravi Thakur, who is based in Taulihawa, claims that his opposition to illegal detention in Rupandehi has brought him in direct conflict with the local police there. “The police there often arrest young men and women without a warrant, and detain them for weeks without filing any case. All those arrested are inevitably from the Madhesi community, and there is clear discrimination. When we raise the issue, the police officials first deny they have anyone in custody, and then accuse us of acting on behalf of the armed groups.”
Thakur said that by linking them with armed groups, the police want to intimidate and then create grounds for persecuting the activists.
“How can the police accuse me of being a separatist when I organised several inter-community dialogues in the region after the Kapilbastu riots, and even got a delegation of victims—many of whom are pahadis—to Kathmandu recently demanding compensation?”
Both Jha and Thakur allege that they have received almost no support and solidarity from the Kathmandu civil society and human rights organisations. “We have approached leaders of major human rights organisations, but they have not responded positively. Instead, they taunt us and say ‘why do you only raise Madhesi, and not national, issues’? Isn’t killing and illegal arrests in Madhes a national issue?”
They have also alerted the Kathmandu office of the OHCHR-N. “The Tarai Human Rights Defenders Alliance, a loose network of activists in the plains, will stop working if the government doesn’t end this intimidation,” said Jha.
Posted on: 2011-08-12 08:49
http://www.ekantipur.com/the-kathmandu-post/2011/08/11/top-story/state-of-nepali-state-govt-officials-harassing-us-madhesi-activists/225066.html
Wednesday, August 10, 2011
Impunity in Nepal
Impunity in Nepal is embedded in its laws, the criminal justice system and in its social structure. Impunity in Nepal is the result of the non-functioning of constitutional bodies, lack of independence of judiciary, corruption in quasi-judicial bodies such as the District Administration Office, social and cultural factors and finally, denial of justice for human rights abuses.
During the days of Panchayat rule, between 1960 and 1990 many cases went unpunished. Between 1985 and 1990 more than 50 persons were disappeared. Unfortunately not a single perpetrator has been punished till date.
After the success of the Jana Andolan (people’s movement) in 1990, Prime Minister Krishna Prasad Bhattarai’s interim government established a judicial commission to investigate abuses committed by the Panchayat government in suppressing protests. The three judge commission led by Justice Janardan Mallik—submitted its report to the government in December 1990. The report concluded that 45 people had been killed and 23,000 injured during the Jana Andolan and named over 100 officials and politicians directly or indirectly responsible for the violations. Bhattarai’s interim government did not take action against the perpetrators, on the ground that maintaining law and order was more important and punishing those named in the Mallik report would demoralize the police force.
None of the subsequent governments have acted on the Mallik Commission report. The failure of Nepali authorities to prosecute those responsible for human rights abuses Committed during the 1990 Jana Andolan represented a major missed opportunity. The Establishment of more democratic governance structures in 1990 provided a unique opportunity to introduce effective systems ensuring that perpetrators of human rights abuses would be held accountable.
In post conflict Nepal persistent impunity for human rights violators during the ten- year long insurgency (1996-2006) continues to pose a serious challenge to the country's transition to peace and making of a new constitution. The Comprehensive Peace Agreement (CPA) signed by all major political parties of Nepal included commitments to address the crimes of the conflict. Yet no government, whether the interim government headed by the late G.P. Koirala of the government led by the CPN (Maoists) after the election to the Constitution Assembly (CA), the government led by Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) and the present government headed by CPM-UML Chairperson Mr. Jhalanath Khanal in coalition with the UCPN-Maoists have taken any action.
Task Force of the Ministry of Peace and Reconstruction in September 2009 reported that 16,274 persons were killed during the ten-year long insurgency in Nepal (1996-2006). A report of the Informal Sector Service Centre (INSEC) claims that nearly 70 percent of the deaths were caused by the Army, while about 30 percent deaths was caused by the Maoists. (www.insec.org.np/pics/1247467500.pdf.)
Several Commissions have been formed, Task Forces were set up and reports written, but in the end all actors have failed to translate their promise to punish those who committed serious crimes against the people of Nepal.
Failure to end Impunity:
Despite the professed commitment to end impunity, all political parties in Nepal have been shielding the perpetrators of massive abuse of impunity. In 2008, the government withdrew more than 400 cases against members of the seven major political parties terming these as "politically motivated". These cases included charges of serious crimes of abduction, torture, murder, and torture. On January 1, 2009 the Supreme Court ordered the government not to implement its decision to withdraw the cases. This order was ignored. In fact the government continued to withdraw cases of serious criminal charges against party workers. (OHCHR-Nepal report of February 5, 2010 A/HRC/13/72)
The government lost credibility when G. P. Koirala led interim government promoted Lieutenant Rookmangud Katawal to the position of the Chief of the Army. General Katawal was implicated by the Rayamajhi Commission which was set up be the Koirala government to investigate the complaints of abuse of human rights by the RNA during the Jana Andolan II. Government's credibility was further compromised when the Nepali Congress (NC) and CPN-UML coalition government led by Mahdav Kumar Nepal promoted Brigadier Toran Bahadur Singh to the position of Lieutenant General and second in command of Nepal Army. Lt. General was Commander of the Tenth Brigade of RNA, in 2003-2004 which is accused of enforced disappearances.
The Prime Minister of Nepal in his speech at the UN General Assembly in September 2009 committed to end impunity for conflict and post-conflict human rights violations. Yet judgments of the Supreme Court of Nepal, hundreds of recommendations of the Human Rights Commission (NHRC) and the Office of the High Commissioner for Human Rights (OHCHR) remains ignore.
Nepal's southern plains which is known as Tarai as well as Madesh has emerged as one of the most violent regions of the after the signing of the 2006, CPA. Several armed groups whose demands include regional autonomy to independence have been indulging in serious crimes. Under pressure of Madeshi parties, the weak government has not been able to take action against these armed groups. Instead, it held negotiations and sign agreements making huge concessions to these armed groups. Unfortunately the violence has not abetted. During the year 2009, out of the total of 471 persons killed in Nepal, about 240 persons were killed in the 15 districts of Tarai. Of these 213 were victims of Tarai based armed groups. Not a single perpetrator has been brought to book till date.
The gross abuses by both sides during the war continue to threaten the peace process in post-conflict Nepal. This culture of impunity has had a corrosive impact on rule of law and compromised the credibility of the law enforcement agencies and judiciary.
Documentation of Human Rights Violations:
Local and international human rights organisations have documented extensively the crimes of the state security forces and the Maoist. Several reports of international and national human rights groups and the teams of OHCHR have highlighted many cases of severe human rights violations.
SAFHR's teams which observed the street rallies in Kathmandu during the culminating phase on the Jana Andolan II, is witness to use of excessive force by the police and the army on peaceful agitators. SAFHR's documentation of systematic abuse of human rights based on interviews with victims of torture and families of abducted persons, disappearances and extrajudicial killings.
The CPN (Maoists) were guilty of abduction and summary killing. According to the statements of persons interviewed in Kathmandu during 2003, the Maoists destroyed Village Development Committee (VDC) offices, bridges, schools and water supply systems. A government report, in May 2005 claimed that Country-wide about 1,500 VDC administrative offices were destroyed by the Maoists. Maoists are guilty of deliberately causing terrible injuries like severing limbs, gouging out eyes and killing by beheading. They forced people to give “donations”, recruited children as soldiers and abducted
students for political indoctrination. “In order to achieve the maximum deterrent effect
the Maoists often executed their victims in public, forcing the victim’s relatives and other villagers to observe the killing. The executions were often preceded by horrendous torture and involved excruciating methods of killing, such as burning a victim alive or breaking the victim’s bones until he or she finally died.” (Waiting for Justice
Unpunished Crimes from Nepal’s Armed Conflict – Report by Human Rights Watch and Advocacy Forum- Nepal, 2008)
The army allegedly indulged in large scale killings, arrests, rape and torture of innocent civilians suspected of Maoists sympathisers. They killed “suspects” in fake encounters, forced villagers to sign false certificates and systematically tortured detainees inside army camps and cantonments. Many women were sexually molested and raped in army custody. According to a 2006 NHRC-Nepal report, between 2003 and 2004 the United Nations (UN) Working Group on Enforced or Involuntary Disappearances received the highest number of highest yearly number of new cases of “disappearances”. (http://www.internal-displacement.org/8025708F004CE90B)
No Justice for Maina Sunwar Tortured and Killed by Nepal Army
In this context it is important to recall the case of torture and killing of Maina Sunwar, a 15 year old girl by officials of (Royal) Nepalese Army in February 2004 at the Birendra Peace Operations Training Centre in Panchkhal, Kavrepalanchowk District. Her body was buried at the centre. Seven years have passed since then, despite all efforts by her family, national and international human rights organisations and the UN High Commissioner the tortures and killers have not been punished. A defence minister of Nepal Government categorically refused demands for trial of the army officials in a civil court.
The investigations by the civil police with which, the army had refused to cooperate came to nought. The order of the trial court that the accused army officers should be brought before the court was ignored. The government also did not act on the Supreme Court's order upholding the order of the trial court.
However, under intense public demand and international pressure Nepal army constituted a court martial and started an" internal investigation". Apparently, the report of the army's Court of Inquiry Board concluded that Nepal army officers took Maina Sunuwar from her home in Kavrepalanchowk District to the Birendra Peace Operations Training Centre in Panchkhal on 17 February 2004. At the Training Centre, she was subjected to torture in the presence of seven Nepal Army officers and soldiers, including two captains who ordered that Maina Sunuwar’s head be submerged in a large pot of water for one minute six or seven times under the orders of then Lt. Col. Babi Khatri. 1
According to the report of the army’s Court of Inquiry Board, the soldiers administered electric shocks to Maina Sunuwar’s wet hands and feet four or five times and the torture continued for one and a half hours. After this she was detained in a building on the premises of the Training Centre, where she was left blindfolded and handcuffed. She later began vomiting and foaming at the mouth, and died before medical assistance could arrive. The Court of Inquiry Board concluded that “It was indeed as a result of torture inflicted during the course of interrogation that the death of Maina Sunuwar occurred” and that “the tortuous treatment, done in an inexperienced and unskilled manner, was inhumane.” (Our emphasis)
The Army Court of Inquiry Board report also concluded that the officers and soldiers involved in Maina Sunuwar’s torture attempted to cover up the death. The body was shot in the back and buried inside the Training Centre. The colonel in charge of the Training Centre at the time then fabricated a report stating that Maina Sunuwar had been shot while trying to escape NA custody. The Court of Inquiry Board recommended that “the process of punishment according to military law should move forward” against Colonel Babi Khatri, Captain Sunil Prasad Adhikari and Captain Amit Pun.
On 15 March 2005, Nepal Army issued a press release stating that it would proceed to try the alleged perpetrators. Curiously, the press statement also said that the Court of Inquiry Board had concluded that Maina Sunuwar’s death was a mistake.
Six months later, on 27 September 2005, the army publicly announced that the Court Martial had found three officers guilty of negligence and sentenced them accordingly to Army Law. Court Martial sentenced the three officers to six months imprisonment for failing to follow proper procedures when disposing of Maina Sunuwar’s body. The Court Martial ordered the two captains to pay Rs 25,000 and the colonel to pay Rs 50,000 as compensation, and ruled them ineligible for promotion for one and two year(s), respectively.
Systematic Torture by the Nepal Army
According to a 2003 report of UNOHCHR-Nepal team visited the Maharajgung barrack of the Tenth Brigade of RNA popularly known as "Bhairavnath Battalion", several witnesses told the team about horrific forms of torture which included simulated drowning, periodic beating, electric shock to genitals, insertion of metal objects into the rectum and others. Some of the tortured persons also said that the, "members of the medical profession were also involved in the torture, ill-treatment and cruel, inhuman or degrading treatment and punishment, in that they resuscitated those who fell unconscious and treated the wounds without apparently questioning the authorities concerned regarding the treatment meted out. Their care appeared to sustain and facilitate ongoing torture and other ill-treatment. RNA officers monitored their work and sometimes intervened to limit the degree of care that they were able to provide."
In February 2005, King Gyannendra imposed “National Emergency” and ordered arrests of thousands of journalists, political party members and human rights activists and imposed severe restrictions on civil liberties. Concerned with the fast deteriorating situation of human rights in Nepal, the international community finally pressurised Nepal Government to sign a Memorandum of Understanding with OHCHR to set up a large field office. This brought about more effective human rights monitoring and
reporting in the country. The Maoist leadership allowed OHCHR to travel freely and investigate alleged abuses, and at least in some cases took action in response to concerns raised by the monitors. Unfortunately the NA consistently denied the OHCHR full access to its records of courts of inquiry and courts martial.
Non-Cooperation with UN-OHCHR-Nepal
On November 21, 2006 the CPN-Maoists and the Seven Party Alliance of Nepal signed the Comprehensive Peace Agreement (CPA). The CPA included commitments to human and to uphold Nepal’s international obligations to respect, promote, and ensure human rights. The CPA separately mandated the UN OHCHR and the NHRC to monitor the implementation of the human rights provisions of the CPA. Both sides also agreed to make public within 60 days of signing of the agreement the whereabouts of those “disappeared” or killed during the conflict and to set up a high-level Truth and Reconciliation Commission (TRC).
The signing of the CPA raised hopes that the human rights situation would continue to improve, as it had in the aftermath of the ceasefire. In the course of 2007, however, the limited ability of state institutions, including law enforcement agencies, to protect the lives and security of the population became increasingly apparent, especially in the Terai region, where members of the Madheshi community launched a sometimes violent protest movement demanding an end to discrimination.
In early 2008, the International Committee of the Red Cross (ICRC) confirmed that it had the names of nearly 1,150 disappeared individuals from the period of the conflict whose fate and whereabouts are unaccounted for. The ICRC also stated that the total number of disappeared was probably much higher.
Unfortunately the government of Nepal refuses to cooperate with the Supreme Court, National Human Rights Commission (NHRC) the United Nations Human Rights Committee (UNHRC). These agencies have called upon the Nepal government to thoroughly investigate the cases of human rights abuses in the country. However, the government argue that all such cases would be investigated by the yet to be established Disappearances Commission and Truth and Reconciliation Commission.
Weak Laws:
The existing laws of Nepal offer virtually no protection to victims of abuse by the forces of the state. The laws framed during the period of absolute monarchy continue to remain in force. For example the "Local Administration Act of 1971", which empowers the security forces to arrest any person without giving any reason is still in force. Under this act, the police are permitted to use lethal force against violent demonstrators, without any safeguard. The Public Security Act of 1989 which was enacted primarily to keep members of Communist Party of Nepal-Maoist (CPN-M) and members of main stream political parties in preventive detention. A section of this act provides impunity for any acts committed by the state officials in "good faith" in course of duty.
The "Special Cases Act of 1992", which was enacted after the establishment of the multiparty democracy in 1990, allows the police to keep persons accused of Committing "serious crime" in their custody for months without filing a charge sheet.
The police act of 1995 provides similar impunity to the police personnel and other security forces, while performing duties in good faith. This act entrenches impunity to deeper levels. Similarly there are many more laws in the Nepal, which promotes the human right abuses and provides impunity to the state officials in cases related to human rights violations.
An additional deficiency in existing laws is that judges lack sufficient power to ensure that security forces and other state organs cooperate fully with the courts. A central difficulty that repeatedly has manifested itself during habeas corpus cases is that the Nepalese law on perjury and contempt of court is defective. Although “witnesses” can be liable for perjury, under Section 169 of the Muluki Ain (National Code) which, is still in force, government officials when giving evidence are not obliged to provide the information obtained in their official capacity as per Section 44 of Evidence Act, 1974. Courts have long interpreted these provisions to exclude government officials from provisions applicable to witnesses.
Judiciary Orders Legal Reform: Government Continues to Ignore
Taking note of the weakness and inadequacy on Nepal's legal system to provide justice the victims of human rights violations, in its judgment of June 7, 2007 the Supreme Court of Nepal observed;
"It is found that there is no law in our country with respect to addressing the incidences of disappearance during times of conflict and times of peace; it is also found that on matters pertaining to disappearance, such as arrest, detention, hostage taking, detention standards, the rights of the victims and the remedies available to them and their families, and provisions for effective investigation of disappeared persons, etc., there are no sufficient laws. Even though there is an act for conducting inquiries on matters of public importance, this Act was not intended to conduct inquiries on matters pertaining to disappearance. In the absence of pertinent laws, no real, effective or practical investigation can be carried out. Further, under the existing criminal laws, no provisions adequately address the legal and institutional questions relating to disappearances."
The courted directed the government, "… to urgently enact a law which includes provisions that the act of disappearance is a criminal offence, defining the act of disappearance pursuant to the definition stated in the International Convention for the Protection of All Persons from Enforced Disappearance, 2006."
The Supreme Court had suggested that law must incorporate provisions for the protection of right of detainees, provide the detainees access to their families and lawyer and ensure detainee and his/her families and lawyer are informed the reason for detention. The court said that there must be provisions on judicial remedies. The Court observed that the detainee who is put in illegal detention as well as concerned persons and families of the victims of illegal detention or disappearance must be provided with a complaint filing mechanism against any agency of the state with respect to illegal detention or disappearance. With regard to punishment of perpetrators of human rights violations, the Supreme Court held that it was equally important to enact a law that will "uphold the international standard that pardon cannot be granted to persons who should be prosecuted for their alleged involvement in the act of disappearance, as well as to persons who are convicted for their direct responsibility or complicity in the act of disappearance".
Though the higher judiciary of Nepal has taken bold steps, the lower judiciary, comprising the district and appellate courts on occasions have reject writ petitions of families of the victims. These courts seem to accept the government's that these crimes should not be investigated by them as these fall under the jurisdiction of the Disappearances Commission, which has not been set up till date.
People Loose Hope:
The failure of Nepal government to provide justice has created a situation where the people no longer expect the state to deliver justice. An International Centre for Transitional Justice and Advocacy Forum of Nepal report published in February 2008 says that 63 percent of respondents of the survey who had filed complaints with police "said that no action had been taken, they had been harassed, or their complaint had been refused and not registered." According to the same survey about eighty percent of the respondents felt that the investigation into their complaints would be obstructed by the army, Similar percent of the respondents also said that they had very low expectation from the police as well as the Chief District Officers.
http://www.safhr.org/index.php?option=com_content&view=article&id=313:impunity-in-nepal&catid=259:impunity-in-south-asia&Itemid=753
During the days of Panchayat rule, between 1960 and 1990 many cases went unpunished. Between 1985 and 1990 more than 50 persons were disappeared. Unfortunately not a single perpetrator has been punished till date.
After the success of the Jana Andolan (people’s movement) in 1990, Prime Minister Krishna Prasad Bhattarai’s interim government established a judicial commission to investigate abuses committed by the Panchayat government in suppressing protests. The three judge commission led by Justice Janardan Mallik—submitted its report to the government in December 1990. The report concluded that 45 people had been killed and 23,000 injured during the Jana Andolan and named over 100 officials and politicians directly or indirectly responsible for the violations. Bhattarai’s interim government did not take action against the perpetrators, on the ground that maintaining law and order was more important and punishing those named in the Mallik report would demoralize the police force.
None of the subsequent governments have acted on the Mallik Commission report. The failure of Nepali authorities to prosecute those responsible for human rights abuses Committed during the 1990 Jana Andolan represented a major missed opportunity. The Establishment of more democratic governance structures in 1990 provided a unique opportunity to introduce effective systems ensuring that perpetrators of human rights abuses would be held accountable.
In post conflict Nepal persistent impunity for human rights violators during the ten- year long insurgency (1996-2006) continues to pose a serious challenge to the country's transition to peace and making of a new constitution. The Comprehensive Peace Agreement (CPA) signed by all major political parties of Nepal included commitments to address the crimes of the conflict. Yet no government, whether the interim government headed by the late G.P. Koirala of the government led by the CPN (Maoists) after the election to the Constitution Assembly (CA), the government led by Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) and the present government headed by CPM-UML Chairperson Mr. Jhalanath Khanal in coalition with the UCPN-Maoists have taken any action.
Task Force of the Ministry of Peace and Reconstruction in September 2009 reported that 16,274 persons were killed during the ten-year long insurgency in Nepal (1996-2006). A report of the Informal Sector Service Centre (INSEC) claims that nearly 70 percent of the deaths were caused by the Army, while about 30 percent deaths was caused by the Maoists. (www.insec.org.np/pics/1247467500.pdf.)
Several Commissions have been formed, Task Forces were set up and reports written, but in the end all actors have failed to translate their promise to punish those who committed serious crimes against the people of Nepal.
Failure to end Impunity:
Despite the professed commitment to end impunity, all political parties in Nepal have been shielding the perpetrators of massive abuse of impunity. In 2008, the government withdrew more than 400 cases against members of the seven major political parties terming these as "politically motivated". These cases included charges of serious crimes of abduction, torture, murder, and torture. On January 1, 2009 the Supreme Court ordered the government not to implement its decision to withdraw the cases. This order was ignored. In fact the government continued to withdraw cases of serious criminal charges against party workers. (OHCHR-Nepal report of February 5, 2010 A/HRC/13/72)
The government lost credibility when G. P. Koirala led interim government promoted Lieutenant Rookmangud Katawal to the position of the Chief of the Army. General Katawal was implicated by the Rayamajhi Commission which was set up be the Koirala government to investigate the complaints of abuse of human rights by the RNA during the Jana Andolan II. Government's credibility was further compromised when the Nepali Congress (NC) and CPN-UML coalition government led by Mahdav Kumar Nepal promoted Brigadier Toran Bahadur Singh to the position of Lieutenant General and second in command of Nepal Army. Lt. General was Commander of the Tenth Brigade of RNA, in 2003-2004 which is accused of enforced disappearances.
The Prime Minister of Nepal in his speech at the UN General Assembly in September 2009 committed to end impunity for conflict and post-conflict human rights violations. Yet judgments of the Supreme Court of Nepal, hundreds of recommendations of the Human Rights Commission (NHRC) and the Office of the High Commissioner for Human Rights (OHCHR) remains ignore.
Nepal's southern plains which is known as Tarai as well as Madesh has emerged as one of the most violent regions of the after the signing of the 2006, CPA. Several armed groups whose demands include regional autonomy to independence have been indulging in serious crimes. Under pressure of Madeshi parties, the weak government has not been able to take action against these armed groups. Instead, it held negotiations and sign agreements making huge concessions to these armed groups. Unfortunately the violence has not abetted. During the year 2009, out of the total of 471 persons killed in Nepal, about 240 persons were killed in the 15 districts of Tarai. Of these 213 were victims of Tarai based armed groups. Not a single perpetrator has been brought to book till date.
The gross abuses by both sides during the war continue to threaten the peace process in post-conflict Nepal. This culture of impunity has had a corrosive impact on rule of law and compromised the credibility of the law enforcement agencies and judiciary.
Documentation of Human Rights Violations:
Local and international human rights organisations have documented extensively the crimes of the state security forces and the Maoist. Several reports of international and national human rights groups and the teams of OHCHR have highlighted many cases of severe human rights violations.
SAFHR's teams which observed the street rallies in Kathmandu during the culminating phase on the Jana Andolan II, is witness to use of excessive force by the police and the army on peaceful agitators. SAFHR's documentation of systematic abuse of human rights based on interviews with victims of torture and families of abducted persons, disappearances and extrajudicial killings.
The CPN (Maoists) were guilty of abduction and summary killing. According to the statements of persons interviewed in Kathmandu during 2003, the Maoists destroyed Village Development Committee (VDC) offices, bridges, schools and water supply systems. A government report, in May 2005 claimed that Country-wide about 1,500 VDC administrative offices were destroyed by the Maoists. Maoists are guilty of deliberately causing terrible injuries like severing limbs, gouging out eyes and killing by beheading. They forced people to give “donations”, recruited children as soldiers and abducted
students for political indoctrination. “In order to achieve the maximum deterrent effect
the Maoists often executed their victims in public, forcing the victim’s relatives and other villagers to observe the killing. The executions were often preceded by horrendous torture and involved excruciating methods of killing, such as burning a victim alive or breaking the victim’s bones until he or she finally died.” (Waiting for Justice
Unpunished Crimes from Nepal’s Armed Conflict – Report by Human Rights Watch and Advocacy Forum- Nepal, 2008)
The army allegedly indulged in large scale killings, arrests, rape and torture of innocent civilians suspected of Maoists sympathisers. They killed “suspects” in fake encounters, forced villagers to sign false certificates and systematically tortured detainees inside army camps and cantonments. Many women were sexually molested and raped in army custody. According to a 2006 NHRC-Nepal report, between 2003 and 2004 the United Nations (UN) Working Group on Enforced or Involuntary Disappearances received the highest number of highest yearly number of new cases of “disappearances”. (http://www.internal-displacement.org/8025708F004CE90B)
No Justice for Maina Sunwar Tortured and Killed by Nepal Army
In this context it is important to recall the case of torture and killing of Maina Sunwar, a 15 year old girl by officials of (Royal) Nepalese Army in February 2004 at the Birendra Peace Operations Training Centre in Panchkhal, Kavrepalanchowk District. Her body was buried at the centre. Seven years have passed since then, despite all efforts by her family, national and international human rights organisations and the UN High Commissioner the tortures and killers have not been punished. A defence minister of Nepal Government categorically refused demands for trial of the army officials in a civil court.
The investigations by the civil police with which, the army had refused to cooperate came to nought. The order of the trial court that the accused army officers should be brought before the court was ignored. The government also did not act on the Supreme Court's order upholding the order of the trial court.
However, under intense public demand and international pressure Nepal army constituted a court martial and started an" internal investigation". Apparently, the report of the army's Court of Inquiry Board concluded that Nepal army officers took Maina Sunuwar from her home in Kavrepalanchowk District to the Birendra Peace Operations Training Centre in Panchkhal on 17 February 2004. At the Training Centre, she was subjected to torture in the presence of seven Nepal Army officers and soldiers, including two captains who ordered that Maina Sunuwar’s head be submerged in a large pot of water for one minute six or seven times under the orders of then Lt. Col. Babi Khatri. 1
According to the report of the army’s Court of Inquiry Board, the soldiers administered electric shocks to Maina Sunuwar’s wet hands and feet four or five times and the torture continued for one and a half hours. After this she was detained in a building on the premises of the Training Centre, where she was left blindfolded and handcuffed. She later began vomiting and foaming at the mouth, and died before medical assistance could arrive. The Court of Inquiry Board concluded that “It was indeed as a result of torture inflicted during the course of interrogation that the death of Maina Sunuwar occurred” and that “the tortuous treatment, done in an inexperienced and unskilled manner, was inhumane.” (Our emphasis)
The Army Court of Inquiry Board report also concluded that the officers and soldiers involved in Maina Sunuwar’s torture attempted to cover up the death. The body was shot in the back and buried inside the Training Centre. The colonel in charge of the Training Centre at the time then fabricated a report stating that Maina Sunuwar had been shot while trying to escape NA custody. The Court of Inquiry Board recommended that “the process of punishment according to military law should move forward” against Colonel Babi Khatri, Captain Sunil Prasad Adhikari and Captain Amit Pun.
On 15 March 2005, Nepal Army issued a press release stating that it would proceed to try the alleged perpetrators. Curiously, the press statement also said that the Court of Inquiry Board had concluded that Maina Sunuwar’s death was a mistake.
Six months later, on 27 September 2005, the army publicly announced that the Court Martial had found three officers guilty of negligence and sentenced them accordingly to Army Law. Court Martial sentenced the three officers to six months imprisonment for failing to follow proper procedures when disposing of Maina Sunuwar’s body. The Court Martial ordered the two captains to pay Rs 25,000 and the colonel to pay Rs 50,000 as compensation, and ruled them ineligible for promotion for one and two year(s), respectively.
Systematic Torture by the Nepal Army
According to a 2003 report of UNOHCHR-Nepal team visited the Maharajgung barrack of the Tenth Brigade of RNA popularly known as "Bhairavnath Battalion", several witnesses told the team about horrific forms of torture which included simulated drowning, periodic beating, electric shock to genitals, insertion of metal objects into the rectum and others. Some of the tortured persons also said that the, "members of the medical profession were also involved in the torture, ill-treatment and cruel, inhuman or degrading treatment and punishment, in that they resuscitated those who fell unconscious and treated the wounds without apparently questioning the authorities concerned regarding the treatment meted out. Their care appeared to sustain and facilitate ongoing torture and other ill-treatment. RNA officers monitored their work and sometimes intervened to limit the degree of care that they were able to provide."
In February 2005, King Gyannendra imposed “National Emergency” and ordered arrests of thousands of journalists, political party members and human rights activists and imposed severe restrictions on civil liberties. Concerned with the fast deteriorating situation of human rights in Nepal, the international community finally pressurised Nepal Government to sign a Memorandum of Understanding with OHCHR to set up a large field office. This brought about more effective human rights monitoring and
reporting in the country. The Maoist leadership allowed OHCHR to travel freely and investigate alleged abuses, and at least in some cases took action in response to concerns raised by the monitors. Unfortunately the NA consistently denied the OHCHR full access to its records of courts of inquiry and courts martial.
Non-Cooperation with UN-OHCHR-Nepal
On November 21, 2006 the CPN-Maoists and the Seven Party Alliance of Nepal signed the Comprehensive Peace Agreement (CPA). The CPA included commitments to human and to uphold Nepal’s international obligations to respect, promote, and ensure human rights. The CPA separately mandated the UN OHCHR and the NHRC to monitor the implementation of the human rights provisions of the CPA. Both sides also agreed to make public within 60 days of signing of the agreement the whereabouts of those “disappeared” or killed during the conflict and to set up a high-level Truth and Reconciliation Commission (TRC).
The signing of the CPA raised hopes that the human rights situation would continue to improve, as it had in the aftermath of the ceasefire. In the course of 2007, however, the limited ability of state institutions, including law enforcement agencies, to protect the lives and security of the population became increasingly apparent, especially in the Terai region, where members of the Madheshi community launched a sometimes violent protest movement demanding an end to discrimination.
In early 2008, the International Committee of the Red Cross (ICRC) confirmed that it had the names of nearly 1,150 disappeared individuals from the period of the conflict whose fate and whereabouts are unaccounted for. The ICRC also stated that the total number of disappeared was probably much higher.
Unfortunately the government of Nepal refuses to cooperate with the Supreme Court, National Human Rights Commission (NHRC) the United Nations Human Rights Committee (UNHRC). These agencies have called upon the Nepal government to thoroughly investigate the cases of human rights abuses in the country. However, the government argue that all such cases would be investigated by the yet to be established Disappearances Commission and Truth and Reconciliation Commission.
Weak Laws:
The existing laws of Nepal offer virtually no protection to victims of abuse by the forces of the state. The laws framed during the period of absolute monarchy continue to remain in force. For example the "Local Administration Act of 1971", which empowers the security forces to arrest any person without giving any reason is still in force. Under this act, the police are permitted to use lethal force against violent demonstrators, without any safeguard. The Public Security Act of 1989 which was enacted primarily to keep members of Communist Party of Nepal-Maoist (CPN-M) and members of main stream political parties in preventive detention. A section of this act provides impunity for any acts committed by the state officials in "good faith" in course of duty.
The "Special Cases Act of 1992", which was enacted after the establishment of the multiparty democracy in 1990, allows the police to keep persons accused of Committing "serious crime" in their custody for months without filing a charge sheet.
The police act of 1995 provides similar impunity to the police personnel and other security forces, while performing duties in good faith. This act entrenches impunity to deeper levels. Similarly there are many more laws in the Nepal, which promotes the human right abuses and provides impunity to the state officials in cases related to human rights violations.
An additional deficiency in existing laws is that judges lack sufficient power to ensure that security forces and other state organs cooperate fully with the courts. A central difficulty that repeatedly has manifested itself during habeas corpus cases is that the Nepalese law on perjury and contempt of court is defective. Although “witnesses” can be liable for perjury, under Section 169 of the Muluki Ain (National Code) which, is still in force, government officials when giving evidence are not obliged to provide the information obtained in their official capacity as per Section 44 of Evidence Act, 1974. Courts have long interpreted these provisions to exclude government officials from provisions applicable to witnesses.
Judiciary Orders Legal Reform: Government Continues to Ignore
Taking note of the weakness and inadequacy on Nepal's legal system to provide justice the victims of human rights violations, in its judgment of June 7, 2007 the Supreme Court of Nepal observed;
"It is found that there is no law in our country with respect to addressing the incidences of disappearance during times of conflict and times of peace; it is also found that on matters pertaining to disappearance, such as arrest, detention, hostage taking, detention standards, the rights of the victims and the remedies available to them and their families, and provisions for effective investigation of disappeared persons, etc., there are no sufficient laws. Even though there is an act for conducting inquiries on matters of public importance, this Act was not intended to conduct inquiries on matters pertaining to disappearance. In the absence of pertinent laws, no real, effective or practical investigation can be carried out. Further, under the existing criminal laws, no provisions adequately address the legal and institutional questions relating to disappearances."
The courted directed the government, "… to urgently enact a law which includes provisions that the act of disappearance is a criminal offence, defining the act of disappearance pursuant to the definition stated in the International Convention for the Protection of All Persons from Enforced Disappearance, 2006."
The Supreme Court had suggested that law must incorporate provisions for the protection of right of detainees, provide the detainees access to their families and lawyer and ensure detainee and his/her families and lawyer are informed the reason for detention. The court said that there must be provisions on judicial remedies. The Court observed that the detainee who is put in illegal detention as well as concerned persons and families of the victims of illegal detention or disappearance must be provided with a complaint filing mechanism against any agency of the state with respect to illegal detention or disappearance. With regard to punishment of perpetrators of human rights violations, the Supreme Court held that it was equally important to enact a law that will "uphold the international standard that pardon cannot be granted to persons who should be prosecuted for their alleged involvement in the act of disappearance, as well as to persons who are convicted for their direct responsibility or complicity in the act of disappearance".
Though the higher judiciary of Nepal has taken bold steps, the lower judiciary, comprising the district and appellate courts on occasions have reject writ petitions of families of the victims. These courts seem to accept the government's that these crimes should not be investigated by them as these fall under the jurisdiction of the Disappearances Commission, which has not been set up till date.
People Loose Hope:
The failure of Nepal government to provide justice has created a situation where the people no longer expect the state to deliver justice. An International Centre for Transitional Justice and Advocacy Forum of Nepal report published in February 2008 says that 63 percent of respondents of the survey who had filed complaints with police "said that no action had been taken, they had been harassed, or their complaint had been refused and not registered." According to the same survey about eighty percent of the respondents felt that the investigation into their complaints would be obstructed by the army, Similar percent of the respondents also said that they had very low expectation from the police as well as the Chief District Officers.
http://www.safhr.org/index.php?option=com_content&view=article&id=313:impunity-in-nepal&catid=259:impunity-in-south-asia&Itemid=753
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