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Nepal 2007: Human Rights
INSEC:
Human Rights Report 2006
January 2007
INSEC Human Rights Report 2006

Defeat of Autocracy: Way Forward to Human Rights (excerpt from the report)

Year 2006 began with the nationwide wave of protests against the king's direct rule. On the fourth month of the year, the king bowed down before the people's power and Loktantra awoke. With Loktantra in place and subsequent lifting of restrictions on civil and political rights, Human Rights situation of the country started to improve.

As many as 313 persons were killed by the state and 256 were killed by the CPN (Maoist) in the year 2006. In the aftermath of Loktantra, in accordance with INSEC's Publication, as many as 10 and 7 persons were killed in the incidents of firing by the state and the CPN (Maoist) respectively. Likewise, on to incidents of explosion during the period, one person died on the hand of the state and four by the CPN (Maoist). Maoists killed two persons by using sharp weapons. Similarly seven persons died in Maoist "captivity" and other seven were beaten to death in 2006 in the aftermath of Loktantra.

One person died in police custody. Based on the data of initial three months of democratic government, one can reach to the conclusion that situation of Human Rights improved after the establishment of Loktantra. According to INSEC's Publication, nine persons were killed and 26 arrested by the state between the period of April 25 to August 2. During the same period, 11 persons were killed and 362 abducted by the CPN (Maoist). After founding Loktantra the trend of killing, as during the violent conflict, virtually came down to an end.

During the hundred days of Loktantra altogether nine persons were killed in Morang, Sindhupalchowk and Dang districts by the state. Likewise, altogether 11 people were killed by the CPN (Maoist) in Saptari, Siraha, Bara, Chitwan, Sarlahi, Rautahat, Sindhupalchowk, Jajarkot and Surkhet districts. However, the situation began improving gradually. Last year, in 2005, both the warring factions observed ceasefire for four months. The state and the Maoists were indulged in the confrontation for initial eight months. During that period as many as 815 persons were killed by the state and 709 were killed by the CPN (Maoist).

During the 19 days of Jana Andolan-II beginning April 6 to 24, a total of 19 persons were killed by the state in a bid to suppress the peaceful demonstrations. Among those deceased, 10 were killed on the spot in police firing. Rest nine persons died on different dates in hospitals while undergoing medical treatment.

After the completion of Jana Andolan-II the government published the names of 25 persons as the martyrs of Jana Andolan-II. The government paid tribute to all those who gained martyrdom during the movement against autocracy since the year 2004.

In fact, the success of Jana Andolan-II was the success of endeavour for peaceful political transformation. Jana Andolan-II also mirrored the people's desire for peaceful resolution of the violent conflict. Formation of Seven-Party Alliance (SPA) by NC, CPN (UML), NC (D), NSP (A), NWPP, Janamorcha Nepal and United Left Front created a new vigour in Nepali politics. The 12-point understanding inked between the SPA and the Maoists took the anti- authoritarianism Movement to a new height.

In the meanwhile, the king announced municipal election in a bid to institutionalise his autocratic audacity but his poor play was exposed throughout the world.

The intellectuals and the common people moved forward with the aspiration to achieve Loktantra from the beginning of the year 2006. In that course, Human Rights Defenders first went to the street to defend civil and political rights. They vowed against the excessive use of force over the peaceful demonstration. Then, after achieving Loktantra, they started criticizing the gap between the rhetoric and realities of Maoists in terms of commitments on peace. Till the end of the year, Human Rights Defenders raised their strong voice to provide justice to the victims of violations of Human Rights and Humanitarian laws in the past

CPN (Maoist), officially, expressed commitments for peaceful politics time and again. However, some of the activities carried out by the cadres of CPN (Maoist) even after the establishment of Loktantra give some apprehension that they were not in favour of the peaceful transformation. This report records several incidents of Human Rights abuses by the CPN (Maoist) even in the aftermath of the establishment of Loktantra in 2006.

There is a need to carry out a comprehensive study on disappeared persons in Nepal. It is not fair to keep ambiguous situation on the whereabouts of hundreds of people even in the Loktantra. Human Rights organisations have been investigating on the subject as per their capacity and resources. In this regard, Human Rights Yearbook 2007 has made an effort to present detailed information on armed conflict induced disappearance. However, state should initiate serious efforts to investigate the cases of disappearances. This year, we undertake research on disappearance considering the family members as the primary source of information. YB representatives visited the family members of the disappeared persons to get updated information on the matter. Surprising facts were revealed during the study. The Yearbook 2007 incorporates information that people declared disappeared by the state were killed long before. The report published by the democratic government on September 22 on the state of people disappeared by state remains unbelievable. The report mentioned that Chetanath Ghimire was arrested and subsequently disappeared from Bhorletar, Lamjung district five years ago and was in the security base camp of the same place. But one month after the release of the report the skeletons of Chetnath and one Shekharnath were found in a forest near neighboring Kaski district. The remnants were identified with the help of watches and shoes in the presence of relatives, villagers and Human Rights Defenders.

Study conducted by INSEC shows that as much as 783 and 105 persons were disappeared by the state and the CPN (Maoist) respectively during the period of 1996 to 2006. Some of the cases might be missing in our record.

We organized pre-evaluation meetings during the preparation of Yearbook 2007 for the first time this year. This year, after the compilation of data we organized ten pre-evaluation meeting in ten districts comprising Madhes and hill in all five development regions. Such meetings, for the verification of data, will be organized in number of districts in times to come.

Source: INSEC, 2007
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