IMPUNITY FOR RIGHTS ABUSES COULD DERAIL NEPAL'S PEACE PROCESS, WARNS UN OFFICIAL

IMPUNITY FOR RIGHTS ABUSES COULD DERAIL NEPAL'S PEACE PROCESS, WARNS UN OFFICIAL
New York, Mar 22 2009 4:00PM

The United Nations human rights chief warned today that Nepal's peace process could be at risk unless justice is ensured for victims of past and ongoing abuses.

During her five-day visit to Nepal, High Commissioner for Human Rights Navi Pillay met several families whose loved ones were victims of serious rights violations, both during and after the decade-long civil war that claimed some 13,000 lives before it ended in 2006.

"Human rights were violated in these cases in Nepal, and under international law the State has a responsibility to ensure that the families obtain truth and justice," she told a news conference in the capital, Kathmandu.

"The demands of victims' families are not mere wishes they are supported by law," she stressed. "And until these demands for justice are fulfilled and accountability for past, and in particular ongoing, violations is ensured, a truly new Nepal will not emerge, and indeed, the peace process could be jeopardised."

The civil conflict came to an end in 2006 with the signing of a peace accord between the Government and Maoists, with the parties also agreeing to set up of a commission on disappearances and a truth and reconciliation commission.

In voicing her support for the establishment of a disappearance commission, Ms. Pillay emphasized that it must not be a "token body." Rather, victims should be consulted in the process of setting it up and it should be given all the protection and powers by Parliament to make it meaningful.

The High Commissioner also voiced her alarm at the detention and "arbitrary action" taken against many journalists in the South Asian nation. She urged the Government to take concrete steps to ensure the security of human rights defenders, including journalists, "who are the first line in defence of the human rights of all Nepalis."

In addition to victims of human rights violations and families of victims, Ms. Pillay also held discussions with Government officials, including the President and Prime Minister, as well as members of human rights bodies, civil society, the diplomatic corps and the UN system. She also travelled outside the capital to Janakpur in the central Terai region.

The High Commissioner hailed the progress Nepal has made since the conflict ended, while encouraging it to grasp the "historic opportunity" to prove itself as a leader in implementing its human rights commitments.

"Above all, the Nepalese people, who have suffered long years of deprivation and denial as a result of the conflict, are entitled to have their human rights respected and fulfilled," she said.

Ms. Pillay added that she is seeking a three-year extension of the mandate of the Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal). "I believe the work of my Office will support Nepal's efforts to address the remaining challenges of the peace process and the human rights issues that were both a cause and a consequence of the conflict."

This is the High Commissioner's first visit to Asia, and she is now in India for a two-day visit, during which she will meet with the Foreign Secretary and the Minister of Home Affairs, as well as with other senior Government officials and members of the judiciary. She will also give a keynote lecture, hosted by India's National Human Rights Commission.

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Nepal: Victims Await Justice From New Government

The Maoist-led Nepali government should make accountability for human rights abuses before, during, and after the conflict in Nepal an urgent priority, Human Rights Watch and the Nepal-based Advocacy Forum said today in a letter to Prime Minister Pushpa Kamal Dahal.

The groups urged the prime minister to ensure that members of security forces and of the Communist Party of Nepal (Maoist) responsible for large-scale "disappearances" are held accountable, including through criminal prosecutions.

The letter was released during the March session of the UN Human Rights Council where a delegation of victims is due to give testimony before the Working Group on Enforced or Involuntary Disappearances.

Nepal had the largest number of "disappearances" in recent years among countries reporting to the United Nations Working Group on Enforced and Involuntary Disappearances. In December 2008, the UN Office of the High Commissioner for Human Rights (OHCHR) made public findings of its investigations into 156 cases of enforced disappearances in Bardiya district, most of which occurred between December 2001 and January 2003.

"In spite of promises of a new Nepal, the government has not taken meaningful action on 'disappearances' and other gross human rights violations," said Brad Adams, Asia director at Human Rights Watch. "Those responsible for extrajudicial killings, torture, enforced disappearances and other serious abuses should be investigated and prosecuted. Now is the time for the prime minister to live up to his promises and hold perpetrators accountable."

In September 2008, Human Rights Watch and Advocacy Forum released a report, "Waiting for Justice: Unpunished Crimes from Nepal's Armed Conflict," which examined in detail the state's response to 48 First Information Reports (FIRs) filed in relation to 62 cases of alleged extrajudicial killings, torture, enforced disappearances, and rape by security forces between 2002 and 2006.

Both organizations expressed their disappointment at the government's failure to table the Disappearance Bill for debate in parliament, passing it by ordinance without public input or debate.

"We welcomed the disappearances bill, as it is a hopeful step on the road to accountability," said Mandira Sharma, director of Advocacy Forum. "But we are deeply disappointed that the government chose to avoid a national debate on such a central issue. The bill needs to meet international standards to have any chance of success."

NEPAL: UN CALLS FOR END TO VIOLENCE BY ALL SIDES IN CHITWAN PROTESTS

NEPAL: UN CALLS FOR END TO VIOLENCE BY ALL SIDES IN CHITWAN PROTESTS
New York, Mar 6 2009 10:00AM

The top United Nations human rights official in Nepal is urging all sides in the troubled Chitwan district to exercise restraint and to resolve their differences through dialogue, following the deaths of two protesters and a policeman in the past two days.

"I have spoken with the Government, the police and representatives of some protesting groups, and voiced my concerns about violent protests and the use of lethal force," said Richard Bennett, representative of the Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal).

"OHCHR-Nepal is extremely concerned about the use of live ammunition by police," the Office added, saying that one person was reportedly killed and several others injured, three critically, after police fired live ammunition in the Tandi area on the night of 5 March. A curfew has since been declared in the local municipality.

While police claimed they fired in self-defence after protests turned violent, OHCHR-Nepal is stressing that firearms must not be used in policing demonstrations unless there is a very serious threat to life and only once all other methods have been exhausted.

The Office is also extremely concerned at reports that two members of the Armed Police Force (APF) were attacked by protesters with khukuris (large knives) during a demonstration on 6 March. One constable has since died and the other is seriously injured.

"OHCHR-Nepal reiterates its call for thorough and independent investigations into all killings which have occurred," the Office said.

An estimated 13,000 people lost their lives in Nepal during a decade-long civil war that came to an end when the Government and Maoists signed a peace deal in 2006, leading to landmark elections last year.
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