On 14 March 2005, the United Nations Commission on Human Rights
will commence its 61st session. As King Gyanendra
refuses to relax any measures, international community must
censure Nepal. In this Briefing Paper, Asian Centre for
Human Rights (ACHR) provides recommendations of inclusion
into a draft resolution on the situation of human rights
in Nepal.
The United States and the United Kingdom have reportedly been
mulling over as to whether to sponsor a resolution on the
situation of human rights in Nepal under agenda item 9 of
the CHR titled the question of violation of human rights
and fundamental freedom in part of the world, also known
as country situations. The United States is concerned that
the Maoists may come to power and “the humanitarian ramifications of such a regime would
be immense, reminiscent of the nightmare brought upon Cambodia
by Pol Pot”. The United Kingdom reportedly shares
the views of the US. Both have reportedly been opposing
a country resolution on Nepal. India has no positive track
record at the Commission on Human Rights and it might sponsor
a resolution only as a last resort.
While the Maoists have been responsible for gross violations
of humanitarian laws, creating phobia about a “Pol Pot”
regime must not be at the cost of condoning the violations
being committed by King Gyandendra. As the Chairman of the
Council of Minister, His Majesty can be held responsible
for all the abuses.
International community especially the United States and United
Kingdom must realise that Nepal is neither Cambodia nor
do we live in a cold war era. However, inability to convince
King Gyanendra to listen to reason may indeed make Nepal
another “Killing Fields” akin to Pol Pots’ Cambodia. The
Royal Nepal Army claimed
that it has killed at least 30 Maoist rebels near the western
town of Sandhikharka on 4 March 2005. The reports of dozens
of Maoists being killed raises fear – more so when its own
National Human Rights Commission was prevented on 5 March 2005 from visiting Kapilvastu district to
investigate the human rights violations of the alleged supporters
of the Maoists in February 2005. With complete ban on reporting on any
news, interview, information, article and opinion published
or disseminated through media that supports terrorism and
subversive activities i.e. the Maoists, the gross human
rights violations by the security forces cannot be verified.
Terming anybody who is killed as Maoists is an easy excuse.
The impending humanitarian crisis must be stopped.
The United States and United Kingdom must also take note of
an unexpected visitor to Kathmandu - Cuba’s Deputy Minister for Foreign
Affairs, Abelardo Morento. The expertise of the Cuban on procedural issues is quite
universally accepted and they might have offered a few tips
to the Nepalese counter parts to block any resolution against
Nepal at the 61st session of the CHR.
It is essential that a country resolution
on the situation of human rights in Nepal be adopted at
the 61st session of the Commission on Human Rights.
Many members states of the United Nations has not decided
whether to sponsor a resolution under agenda item 19 on
technical cooperation or item 9 on country situations. However,
there is no denying of the fact that even if the multi-party
democracy is restored, human rights violations both by the
security forces and the Maoists need to be monitored.
Asian Centre for Human Rights recommends
the following elements for a draft resolution on the
situation of human rights in Nepal
A resolution on the situation of human
rights of Nepal should express concerns on:
i.
Declaration
of emergency on 1 February 2005 and increase of systematic
violation of human rights, including civil, political, economic,
social and cultural rights, of the people of Nepal;
ii.
The continued
house arrest of political leaders, mass arrest of political
activists and peaceful demonstrators and their incomunicado
detention and arrest of human rights defenders, journalists,
student leaders, academics, women rights activists, trade
unionists etc;
iii.
The imposition
of censorship on media freedom, in particular, the ban on
“any
interview, article, news, notice, view or personal opinion
that goes against the letter and spirit of the Royal Proclamation
of 1 February 2005 and that directly or indirectly supports
destruction and terrorism”; the mis-sue of the Press and
Publication Act-2048 BS and National Broadcasting Act-2049
BS; the ban on broadcasting of news by FM radios and subsequent
loss of jobs by journalists working with FM radio; and suspension of giving of advertisements to newspapers
from the Ministry of Information and Communications under
the Lok Kalyankari Kosh (Public Welfare Fund) and disbursement
of promised funds to the Federation of Nepalese Journalists;
iv.
Severe
restrictions on the freedom of association and assembly,
especially the ban on any meeting, conference, workshop or interaction programme which
“undermine the Kingdom’s sovereignty and integrity, disturb
the law and order of the country or cause any adverse effect
on the current state of emergency”
v.
Illegal
ban on the freedom of movement and confinement of the political
activists, human rights defenders, journalists, academics
in the particular areas such as Kathmandu valley;
vi.
Climate
of impunity and extrajudicial executions especially the
lynching of the alleged supporters of the Maoists in Kapilabastu
district in mid February 2005 and burning down of their
houses with the backing of the Royal Nepal Army;
vii.
Prohibition
of the National Human Rights Commission of Nepal to investigate
allegations of human rights violations in Kapilabastu district;
viii.
The widespread
mis-use of the Public Safety Act and Terrorist and Disruptive
Activities Prevention Ordinance,
ix.
Wide disrespect
for the rule of law by the Royal Nepal Army and other security
forces as reflected from their blunt denial after arrest
of suspects, innocents etc;
x.
The lack
of independence of judiciary and the power given to the
Royal Commission on Corruption Control to investigate the
judges of the Supreme Court as a means to erode the independence
of judiciary;
xi.
Poor conditions
of detention and violations of the rights to an adequate
standard of living, such as food, and to medical care;
xii.
Increase
violations of human rights by the vigilante groups;
xiii.
Human rights
violations suffered in particular by persons belonging to
ethnic nationalities, women and children;
xiv.
Lack of
assistance for the internally displaced persons in Nepal
and the flow of migrants/asylum seekers and refugees to
neighbouring India; and
xv.
The order of the Department of Transportation Management
to nullify the registration of public vehicles and cancel
the license of the drivers who do not ply on the highways
during the blockade/bandh called by the Maoists;
xvi.
Arbitrary arrest, re-arrest of released detainees,
and incommunicado detention especially in army barracks
throughout the country under no legal authority, including
the Terrorist and Disruptive Activities Ordinance (TADO)
and denial of access to the National Human Rights Commission
and International Committee of the Red Cross to the army
barracks across the country;
The resolution on the situation of
human rights on Nepal should call on the Government
of Nepal to:
a.
Immediately
withdraw emergency, restore multi-party democracy and take
measures for formation of a national unity government of
the democratic forces;
b.
Release
unconditionally and immediately all political prisoners,
journalists, media persons, student leaders, human rights
activists, trade unionists and women rights activists arrested
since imposition of emergency;
c.
Put an end to
impunity and ensure, as it is duty-bound to do, that those
responsible for human rights violations and grave breaches
of international humanitarian law are brought to justice
and immediately order an inquiry into the lynching of the alleged supporters
of the Maoists with the backing of the Royal Nepal Army
and the vigilante groups;
d.
Cooperate
fully with the Office of the High Commissioner for Human
Rights for implementation of the technical cooperation agreement
signed on 13 December 2004;
e.
Put an
immediate end to the recruitment and use of vigilante groups;
f.
End the
systematic enforced disappearances in Nepal through implementation
of the recommendations given by the Working Group on Enforced or Involuntary Disappearances
(E/CN.4/2005/65/Add.1) after its field visit to Nepal;
g.
Take immediate
action to eradicate the practice of extrajudicial executions
by ensuring compliance with the UN principles on United Nations Principles
on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (Recommended by Economic
and Social Council resolution 1989/65 of 24 May 1989)
h.
Immediately
ensure safe and unhindered access to all parts of Nepal
for the United Nations and international humanitarian organisations
and to cooperate fully with all sectors of society, to ensure
the provision of humanitarian assistance and to guarantee
that it actually reaches the most vulnerable groups of the
population;
i.
Provide
the necessary protection and humanitarian assistance to
internally displaced persons;
j.
Fulfil
its obligations to restore the independence of the judiciary
and due process of law, and to take further steps to reform
the system of the administration of justice;
k.
Consider
as a matter of high priority becoming party to the Optional
Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
l.
Appoint
members of the National Human Rights Commission consistent
with Section
4 of the National Human Rights Commission Act of 1997,
m.
Withdraw the order of the Department of Transportation
Management to nullify the registration of public vehicles
and cancel the license of the drivers that do not ply the
highways during the blockade called by the Maoists; and
n.
Pursue
through dialogue and peaceful means the immediate suspension
and permanent end of conflict with the Maoists;
The resolution on the situation of
human rights on Nepal should also call on the Maoists to:
i.
Respect human
rights and international humanitarian law, in particular,
as applicable to them, the Geneva Conventions of 12 August
1949 for the protection of victims of war and the Additional
Protocols thereto of 1977, the Hague Convention of 18 October
1907 concerning the Laws and Customs of War on Land, the
Convention on the Prevention and Punishment of the Crime
of Genocide and other relevant provisions of international
humanitarian and human rights law, and in particular to
respect the rights of women and children and to ensure the
safety of all civilians;
ii.
Immediately stop
recruitment and use of child soldiers;
iii.
Stop indiscriminate
killings of the civilian populations including the
members of the Maoist Victims Association, targeting of hospitals and schools and other public properties
in areas held by the Maoists, and extortion of exorbitant
“taxes” through coercion, intimidation and physical violence;
iv.
Stop
trial by incompetent courts for crimes inappropriately punishable
by death;
v.
Stop violent imposition
of the blockade;
vi.
Allow free and
secure access to areas under their control in order to permit
investigations of violations of human rights and international
human rights law;
The resolution on the situation of
human rights on Nepal must decide to:
(a)
Appoint
a Special Rapporteur on the situation of human rights in
Nepal and to submit an interim report to the General Assembly
at its 60th session;
(b)
Appoint
a Special Envoy of the Secretary General to facilitate peace
process with the Maoists;
(c)
Submit
a report on the implementation of the Memorandum of Understanding
signed with the Office of the United Nations High Commissioner
for Human Rights on
13 December 2004; and
(d)
Continue
consideration of this question at its sixty-second session.
King Gyanendra refuses to
halt repression on political activists, human rights activists,
student leaders, trade union activists etc. His promises
to relax restrictions are mere lip-service. Hundreds of
political activists have been arrested on 8 March 2005 after
the five party alliance of the Nepali Congress, CPN-UML, Nepali Congress-D, Jana
Morcha Nepal and NSP-A began its protest. The protests were
held in Chitwan,
Dhangadhi, Pokhara, Ilam, Siraha, Saptari, Biratnagar, Janakpur,
Dhankuta, Rupandehi, Rautahat, Jhapa, Banke, Nawalparasi,
Sunasari and Bardiya.
Earlier, on 4 March 2006,
the government of Nepal extended the house-arrest-term of
six senior political leaders by two months, including those
of Nepali Congress President Girija Prasad Koirala, Nepali
Congress (Democratic) President Sher Bahadur Deuba, CPN-UML
General Secretary Madhav Kumar Nepal, UML Standing Committee
member Bharat Mohan Adhikari, Peoples’ Front of Nepals Chairman
Amik Sherchan and NC (Democratic) central leader Purna Bahadur
Khadka.
The government had already provided three-month detention
orders to most of the 450 leaders and cadres detained on
various dates since February 1.
On
4 March 2005, Nepal Bar Association (NBA) demanded that
the government immediately release former Law Minister Nilamber
Acharya, Ganeshdutta Bhatta, a lecturer at Nepal Law Campus,
Kathmandu, and advocates Kalyan KC, Kamal Khatri, Nanda
Ram Bhandari, Indra Pokharel, Indra Sapkota and Rameswor
Subedi, a Pyuthan-baseed lawyer, along with all detainees,
who continue to be detained in the aftermath of the Royal
Proclamation of 1 February 2005.
One 2 March 2005, more than 12 student activists of
five students’ unions having allegiance to Nepali Congress,
CPN-UML, Nepali Congress-D, People’s Front Nepal and Nepal
Sadhbhawana Party (Anandevi faction) were arrested by the
police from various campuses in Kathmandu valley for staging
protest demonstrations demanding early restoration of peace
and democracy. Those detained from Pashupati Campus have
been identified as Suraj Khada, Chandra Mani Khatiwada,
Arjun Shahjan, Ravi Bista and Dolraj Sharma. The identity
of student leaders apprehended from other campuses including
Trichandra Campus could not be verified.
On 2 March 2005, the Supreme Court directed the government
to present Professor Saubhagya Karki and student leader
Chaau En Laai Shrestha before the court in 3 days. The direction
was issued following the filing of a writ petition demanding
their release. They were arrested in early February 2005.
Of the 31 CPN-UML activists
arrested for demanding early restoration of democracy in
Kaski on 1 March 2005, four activists identified as Rabindra
Adhikari, Sri Nath Baral, Man Bahadur GC and Rajiv Pahari
were reportedly sent for three months jail under Public
Safety Act. The rest were released.
On 2 March 2005, District
Administration Office, Kathmandu, released Ms Manju Bhattarai,
leader of Trade Union Congress, on bail of Rs 6,000. She
was arrested on February 1 and had been detained under the
Public Offense and Punishment Act.
On 3 March 2005, at least 7 Nepali Congress cadres
were arrested by police in Kathmandu. Central committee
member of NC, Baldev Sharma Majgainya was reportedly arrested
from his residence in Kathmandu. Six other party workers
identified as Ram Chandra Khadka, Lokesh Dhakal, Jhapat
Bhandari, Keshav Chalise, Rajendra Wagle and Vedraj Lama
were arrested at 2:30 p.m. from Ason where they were holding
a public demonstration.
About a dozen of CPN-UML
cadres including former Members of Parliament Kamal Koirala
and Rajendra Lohani, General Secretary of All Nepal National
Free Students Union Thakur Gaire and Kathmandu district
Committee member of the party Bashanta Manandhar were also
arrested on 3 March 2005 at a protest rally near Ason in
Kathmandu. Saroj Kafle and Pradip Humagain, student leaders
affiliated with Nepal Students Union were also at Ason.
In a raid on 4 March 2005,
the security forces reportedly arrested the CPN (Maoist)
district leaders - In-charge of Dhanusha, Sarlahi and Saptari,
Surya Nath Yadav alias Subash, Ashok Mandal alias Amar and
Sudan Rai, a member of the cultural group of the rebel party
from a house at Kachanahi area of Saptari district. Security
forces claimed to have recovered a Chinese pistol, bullets
and cordless phones from the Maoist leaders. Security forces
also reportedly arrested Birbal Yadav and Dharma Nath Yadav,
two district leaders of Terai National People's Front, a
Terai-based underground insurgent group, in Sarlahi.
On 6 March 2005, security
forces detained four student leaders belonging to mainstream political parties from various
parts of Kathmandu. While Indu Sharma, the president of
Nepali Congress aligned Nepal Students Union (NSU), Govinda
Gautam and Madhu Mishra were arrested from Saraswati Campus
Unit, central member of the NSU Asta Kumar Sahi was detained
from his house at Bagbazaar in the afternoon.
On 7 March 2005, a division
bench of the Supreme Court comprising Justices Dilip Kumar
Paudel and Rajendra Kumar Bhandari ordered the government
authorities including the Home Ministry, the Police Headquarters
and the Kathmandu District Administration Office to clarify
why student leaders — Om Prasad Aryal, Jyoti Sharma, Dipak
Rai, Lochan KC, Mahesh Devkota and Dilliram Bohara — were
arrested. The bench also ordered the authorities to produce
their decisions over the issue. The student leaders were
arrested on February 1.
On 8 March 2005, over 200
political activists including senior party leaders, former
members of parliament and party central working committee
members, were arrested for defying orders issued under the
state of emergency in Kathmandu, Pokhara, Tanahun, Chitwan
and Dhangadhi. Nearly two dozen activists including CPN (UML) leader Ms Bidya
Bhandari, Nepali Congress (Democratic) leaders and former
ministers Tek Bahadur Chokhyal, Mrs Bhim Kumari Budha Magar
and former lawmaker Krishna Kishore Sharma Ghimire were
arrested by police while demonstrating in Ason-Bhotahity
area in Kathmandu in the afternoon. Other
arrested included former ministers Khem Raj Bhatta Mayalu
of NC (D), former state minister Sushila Swar of NC (D),
former assistant minister Bachaspati Devkota, Chandra Bhandari,
Govinda Kandel, Amia Raj Yadav, Nirmal Kumar Pudasaini,
Khagendra Bhandari, leaders of the NC (D) Rudra Mani Bhandari,
Dirga Raj Bhat, Ganesh Shahi, Badri Chaulagain, Damber Kumari
Bhatta and a few student leaders.
Over 130 political activists
including former lawmaker, Anand Dhungana, were detained
in the southern town of Janakpur, 35
demonstrators in Tanahun, 22 in Pokhara, 7 in Dhangadi and 28 in Narayangad in
Chitwan while
taking part in a peaceful demonstrations.
Telephone lines of about two dozens leaders still
remain cut off, including those of Nepali Congress President
Girija Prasad Koirala, CPN-UML General Secretary Madhav
Kumar Nepal, People’s Front Nepal leader Amik Sherchan,
Nepal Workers and Peasants Party Chairman Narayan Man Bijukchhe,
Youth leaders Binod Kayastha, Gokarna Bista and Gagan Thapa,
Kathmandu NC leaders Tirtha Ram Dangol, Bhimsen Das Pradhan,
Bhaktapur NC leader Lekhanath Neupane, WPP leader Prem Suwal,
PFN leaders Lila Mani Pokharel and Ghanashyam Poudel. Hundreds of political activists
remain under house arrest or in prisons under the Public
Safety Act.
The government of Nepal has virtually detained most
of the human rights defenders and political activists by
arbitrarily imposing restriction on their movement outside
the Kathmandu Valley.
On 3 March 2005, former Speaker and member of the
1990 Constitution Drafting Committee, Daman Nath Dhungana
moved the Supreme Court questioning the legality of travel
restriction imposed on him by the authorities. The Supreme
Court administration, however, rejected the petition citing
the suspension of Article 23 that guarantees right to constitutional
remedy in the ongoing State of Emergency. Senior Advocate
himself, Dhungana was scheduled to leave for the United
States on March 8 to deliver a guest lecture at a university
based in California.
On 5 March 2005, security forces barred a team of
the National Human Rights Commission (NHRC) Sushil Pyakurel,
Dr Gauri Shankar Lal Das and head of NHRC’s Protection Division
Yagya Prasad Adhikari – scheduled to fly to Bhairahawa. The NHRC
team returned from the Tribhuvan International Airport after
the security personnel prevented Pyakurel stating that he
was not allowed to go out of the Kathmandu valley. The team
was scheduled to visit Kapilvastu district to investigate
the clashes between the locals and Maoists in the district
where a group of allegedly anti-Maoist villagers had torched
about 200 houses of alleged Maoists some two weeks ago.
The NHRC team was prevented despite the fact that it had
already informed the Home Ministry and all concerned authorities
about the team’s visit to Kapilvastu.
The press freedom continues to remain under complete
suspension.
In a move to further tighten
its grip over the media, the Royal government of Nepal on
3 March 2005 reportedly suspended giving of advertisements
to newspapers from the Ministry of Information and Communications
under the Lok Kalyankari Kosh (Public Welfare Fund), and
disbursement of promised money to the Federation of Nepalese
Journalists (FNJ). Vernacular
weeklies and newspapers published from outside Kathmandu
Valley have been most affected by this decision. The decision
of suspension is said to be clear contradiction of decision
of the erstwhile government on the matter. Unveiling an
11-points media policy on 12 October 2004, the erstwhile
government had doubled subsidies provided as advertisement
to weeklies and mofussil papers. It was Rs 12,000 for Grade
"A" papers, Rs 8,000 for Grade "B" papers,
Rs. 6,000 for Grade "C" and Rs 4,000 for Grade
"D" papers each month. Amounts were fixed for
daily newspapers accordingly.
Editor of Budhabar
weekly, Surya Thapa, was summoned by the CDO of Kathmandu
to seek explanation regarding a news item, “Five parties
unite against authoritarianism,” on 7 March 2005. Thapa
faces a fine of Rs ten thousand and/or a jail sentence of
up to one year, according to the Printing and Publication
Act 2046 B. S., if he is found guilty for publishing prohibited
matters.
On 3 March 2005, local administration
of the eastern hilly district of Panchthar detained Lavadev
Dhungana, president of the Panchthar district unit of the
Federation of Nepalese Journalists (FNJ). Dhungana, who
is also the correspondent of the state-owned Nepal Television
and Rajdhani daily in the district was taken into custody
from the district headquarter, Phidim. Chief district officer
of Panchthar, Janardan Sharma Adhikary reportedly stated
that Dhungana was detained “as he was involved in activities
that disrupted public security.” He had reported about the
arrest of the student leaders.
At around 7.45 pm on 7 March
2005, editor of Himal Southasian and publisher of Himal
Khabarpatrika, Kanak Mani Dixit was arrested by plainclothes
policemen who had been waiting at his home at Patandhoka
and took him away saying the "Superintendent of Police
wants to talk to you." He was released at around midnight
on 7 March 2005. According to Dixit, police inquired him
about his recent Delhi sojourn and if he had met or tried
to meet Maoist leaders there.
