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United
Nations
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Nepal's
Civil War: United Nations
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Report
of the United Nations High Commissioner for Human on the situation of human
rights and the activities of her including technical cooperation, in Nepal
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February
16, 2006
ADVANCED
UNEDITED COPY
COMMISSION
ON HUMAN RIGHTS
Sixty-second
session
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Summary
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The
present report is submitted pursuant to Commission resolution 2005/78 and
in the context of the Agreement signed on 10 April 2005 between the Government
of the Kingdom of Nepal and the High Commissioner concerning the establishment
of an office in Nepal. The report focuses on the human rights situation
in Nepal and the activities of OHCHR-Nepal in the period between 1 September
2005 and late January 2006. |
The
Government and its security forces have shown good cooperation to OHCHR-Nepal
in terms of access and availability, and have responded to communications,
although some responses have fallen far short of the information requested.
The Communist Party of Nepal (CPN) (Maoist) has committed to allow OHCHR-Nepal
staff freedom of movement and access. OHCHR-Nepal has met with CPN (Maoist)
leaders and cadres and raised concerns with them. CPN (Maoist) has responded
and taken action with respect to a number of individual cases, but the
majority have not received any response.
During
a four-month unilateral ceasefire by CPN (Maoist) from early September
2005 to early January 2006, there was a marked reduction in killings of
all kinds. Other violations by CPN (Maoist) continued, including abductions,
threats and extortion, as did violations by security forces. There was
a marked decline in the number of disappearances reported in 2005, but
investigations continued into many disappearances from previous years.
Arbitrary
arrest, detention and re-arrests of suspected members or sympathizers of
CPN (Maoist) continued to be a major source of concern, reinforced by the
absence of guarantees required by international standards in anti-terrorist
legislation. The Special Rapporteur on the question of torture and other
cruel, inhuman or degrading treatment or punishment reported that torture
is systematically practised in Nepal and expressed deep concern about the
prevailing culture of impunity. Allegations received by OHCHR-Nepal also
indicated that torture is routine. The Government denies that torture is
systematic in Nepal and maintains that it is taking appropriate action.
OHCHR-Nepal regretted the serious inadequacy of efforts by security forces
to investigate and hold accountable those responsible for violations of
human rights and international humanitarian law, disproportionately light
sentences in the few instances where action was taken, and insufficient
availability of information on accountability in general.
Although
the number of reported killings of civilians by CPN (Maoist) fell during
its unilateral ceasefire, OHCHR-Nepal received information about killings
of civilians and members of security forces who were hors de combat, abductions,
other violence and threats to civilians, including Government officials,
teachers, journalists and human rights defenders. The leadership of CPN
(Maoist) stated that it was no longer their policy to kill any unarmed
persons or to target the families of security forces personnel, and that
it had taken or would take action against those responsible for violations,
but OHCHR-Nepal was unable to ascertain or verify the punishment.
OHCHR-Nepal
investigations in three districts found that illegal armed groups have
committed threats, extortion, assaults, and killings against suspected
Maoists and that, in some cases, the State either tolerated or colluded
with their actions.
A
sizeable population has been displaced by the armed conflict but there
is continued uncertainty about the extent of forced displacement. An apparent
capacity to cope with conflictinduced displacement may conceal the need
for protection as well as rights at risk from displacement. Children's
rights to life, physical integrity, health and education, were repeatedly
violated by both sides to the conflict and there were reports of killings,
beatings, arbitrary detention, recruitment or other use of children for
military purposes, as well as attacks against schools and health facilities.
OHCHR-Nepal investigated scores of conflict-related cases of human rights
abuses against women and girls, including abuse and torture in the course
of search operations by the security forces or during the presence of CPN
(Maoist) in their villages. Human rights defenders, especially those working
outside of the Kathmandu Valley, remained vulnerable to threats, intimidation
and detention by State authorities and CPN (Maoist).
Blanket
bans on demonstrations were imposed in many municipalities as a means to
prevent the exercise of the right to freedom of peaceful assembly. Hundreds
of political party and civil society activists were arrested in September
and December during demonstrations and rallies across the country that
were largely peaceful, despite attempts to enter prohibited areas and violence
against police by some student demonstrators. Public protest intensified
in January 2006, when authorities introduced an extensive ban to prevent
a demonstration in Kathmandu and arrested more than 100 political and civil
society leaders at their homes. Challenges to these restrictions and escalating
protests against the arrests and the Government's intention to proceed
with municipal elections increasingly involved acts of violence by demonstrators
and excessive use of force by police in breaking up demonstrations and
carrying out arrests. At the end of January 2006, hundreds remained detained.
A Media Ordinance entrenched Government efforts to ban the broadcasting
of news on FM radio stations and other restrictions on freedom of expression.
In rural districts there was a consistent pattern of threats and harassment
of journalists by authorities. A Government-imposed Code of Conduct for
non-governmental organisations (NGOs) instituted constraints on the membership,
objectives and functioning of NGOs active in Nepal, including human rights
defenders. Economic impoverishment, severe social inequalities and discrimination
have been aggravated by the conflict, with the rights to health, food and
other economic, social and cultural rights all at risk. Members of Dalit
and indigenous nationalities continue to be the victims of harassment and
severe discrimination. Women members of the Dalit communities suffer multiple
discrimination and women in general continue to be affected by discriminatory
legislation and practices, despite recent action by the Supreme Court.
OHCHR-Nepal regularly found children detained with adults and without legal
representation.
In
addition to monitoring and investigating human rights violations, OHCHR-Nepal
provided advisory services and support to a variety of partners, including
authorities. It continued to work with the National Human Rights Commission
(NHRC) and collaborated in a review of the United Nations Development Programme
project for the capacity development of NHRC. OHCHR-Nepal convened and
chaired the United Nations Inter-Agency Human Rights Protection Working
Group.
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CONCLUSION
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This
report is written at a time of renewed armed conflict and of confrontation
between the Government and the main political parties.
CPN
(Maoist) has extended its stated commitments to observe international humanitarian
law and respect human rights in its understanding with the political parties
and communications with OHCHR-Nepal. Its leadership must now ensure that
its cadres act in accordance with these commitments.
Violations
by CPN (Maoist) cannot excuse breaches by the State of its international
legal obligations. Nepal's security forces must hold accountable perpetrators
of violations within their ranks, who should be excluded from participation
in United Nations peacekeeping operations.
The
Government's treaty commitments include respect for freedom of peaceful
assembly, freedom of expression and freedom of association. It must end
the arbitrary detention of political and civil society leaders, and ensure
that its legislation and practice are in accordance with these rights.
The
cooperation of both parties with OHCHR-Nepal is a positive element in this
difficult context. The best basis for building the full respect for human
rights would, however, be the peace for which the people of Nepal continue
to yearn.
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