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War
crimes in Nepal
UN
urged to investigate Kapilavastu killings
Nepal
has been facing grave human rights and humanitarian crisis since
the declaration of emergency on 26 November 2001 but seizure of
power by King Gyanendra on 1st February 2005 has further
deteriorated the humanitarian crisis that needs to be effectively
addressed by the 61st session of United Nations Commission
on Human Rights beginning in Geneva today.
In its 50 page report, The
Case for Intervention in Nepal, being submitted to the UN Commission
on Human Rights today in Geneva, Asian Centre for Human Rights highlights
the collapse of the edifice of the state structure of Nepal, where
the Maoists control about 70% of the landscape. The number of police
stations has been reduced to about 350 in 2004 from 1500 in 2001. The courts have
stopped functioning in 19 hill districts and since 2002, the Supreme
Court has failed to inspect the Appellate and District Courts. In
March 2005, the
Supreme Court announced that its review panel headed by Judge Prem
Sharma is considering the reduction of the judicial staff because
of lack of work, at a time when the role of the judiciary is supreme.
With the imposition
of Janabadi
Sikshya,
people’s education by the Maoists, the educational system in Nepal
has collapsed. The government has lost its capacity to provide
basic health care facilities. Often the security forces and the
Maoists impose ban on essential commodities like
batteries, canvas shoes, cooking oil, instant noodles and medicines.
An estimated
350,000 to 400,000 Nepalese have been internally displaced from
their village and millions have fled to India to escape from atrocities.
“Just
because it is easier for the people of Nepal to come over to India, there
are no refugee camps – a precondition for recognising a humanitarian
crisis by international community” – stated Suhas Chakma, Director of Asian Centre for Human Rights.
Both the Royal Nepal Army
and the Maoists have perpetrated war crimes as defined under the
Rome Statute on International Criminal Court resulting in the death
of 11,358 persons i.e. 3.44 persons per day. In its latest report of 31 January 2005 to the
forthcoming 61st session, United Nations High Commissioner
for Human Rights accused the Maoists of perpetrating “war crimes”.
The RNA also perpetrated similar war crimes and the
government of Nepal has given impunity for these war crimes. The
only law enforcement personnel to have been punished since the conflict
began in 1996 is Major Ram Mani Pokhrel who has recently been dismissed
from service and sentenced to two years imprisonment for cold-blooded
massacre of 17 Maoist cadres and two civilians at Doramba on 17
August 2003. The sentence for cold blooded murder of 19 persons
which has been described by the National Human Rights Commission
as violations of “the
International Humanitarian Law and, and especially, the Common Article
3 of the Geneva Conventions…, the Constitution of the Kingdom of
Nepal, the Army Act, the Police Act and the Armed Police Act” is
inappropriately lenient by any yardstick.
Since February 1st,
extrajudicial killings have gone up exponentially. A total of 227
persons i.e. 8.41 persons per day were killed in February 2005.
The RNA has been given carte blanche to perpetrated atrocities
through ban on political activities, press freedom and monitoring
of human rights violations by detaining human rights activists and
members of the NHRC to Kathmandu valley.
“The lynching of 22 alleged Maoists and burning
down of about 700 houses of the alleged Maoists symphatisers in
Kapilabastu district from 17 to 23 February 2005 by the RNA and
vigilante groups must be investigated by an international commission
of inquiry” – stated Mr Chakma. On
6 March 2005, security forces prevented a team of the National Human
Rights Commission from visiting Kapilabastu to investigate the alleged
human rights violations.
Among the
human rights defenders, journalists have been the worst victims.
Hundreds of them have lost jobs because of the ban on news broadcast
in FM radios, closure of at least five newspapers, suspension of
advertisement and aid to the Nepal Federation of Journalists. About
a dozen remain under detention.
“While the restoration of multi-party
democracy and democratic freedoms is sine-qua non, intervention
against the Royal Proclamation of February 1st must go
beyond restoring the status quo. Interventions must be aimed at
finding a negotiated solution to the Maoist problem. National interlocutors have little influence either
on the government or the Maoists, and therefore, involvement of
international mediators has become indispensable.” – stated Mr Chakma
Asian Centre for Human Rights is urging members of the United Nations
Commission on Human Rights, especially United States, United Kingdom
and India to sponsor a country resolution on the situation of human
rights in Nepal at its 61st session being held in Geneva.
Apart from the demand for withdrawal of emergency and release of
all political detainees, human rights
defenders, journalists, student leaders, academics, women rights
activists, trade unionists etc, lifting of ban on peaceful political
activity, press freedom and monitoring of human rights violations, the
resolution should decide to;
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Appoint
a Special Rapporteur on the situation of human rights in Nepal to
submit an interim report to the 60th session of General
Assembly and a final report to the 62nd session of the
United Nations Commission on Human Rights on the violations of human
rights and humanitarian laws by the security forces and the Maoists;
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Urge the
government of Nepal to invite setting up of the field monitoring
missions by the Office of the United Nations High Commissioner for
Human Rights in Nepal;
-
Establish
an international commission of inquiry into the violations of the
provisions of the Rome Statute on International Criminal Court both
by the security forces and the Maoists
The UN Secretary General to:
-
Hold necessary
consultation on the appointment of a Special Envoy for finding a
peaceful solution to the Maoists crisis of Nepal; and
-
Instruct
the Under Secretary General of the Department of Peace-Keeping Operations
(DPKO) not to depute soldiers from Nepal for the United Nations
Peace Keeping Operations;
The United Nations Treaty Bodies to:
- Immediately examine the implementation
of the treaties to which Nepal is a party under emergency situation;
The governments and donors to:
- Suspend all military assistance
until the restoration of democracy and democratic freedoms and formation
of multi-party national unity government for finding negotiated
solution to the Maoists crisis;
- Examine the ability of the government of Nepal for delivery
of humanitarian assistance and undertaking development activities
in Maoists held areas and develop monitoring mechanisms to ensure
proper use and delivery of humanitarian aid; and
- Impose visa restrictions on the members of the Ministerial
council/members of the Royal Nepal army and freeze the assets of the royal family, senior officials, military
officers and their families.
Ends/
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