Nepal
in Crisis 2005: Human Rights |
March17,
2005 - PRESS RELEASE
ICJ
Mission
to Nepal to assess impact of state of emergency on human rights |
The
International Commission of Jurists (ICJ) begins a four-day high-level
mission today to assess the impact of the state of emergency on the human
rights situation, specifically allegations of human rights violations perpetrated
against human rights defenders, civilians and student and political leaders
in Kathmandu and in the districts and to discuss with the government avenues
through which to they could address the deepening human rights crisis.
The Mission is led by ICJ Secretary-General Nicholas Howen.
Nepal
is in the midst of a human rights crisis, marked by enforced disappearances,
extrajudicial executions, torture and secret detention and impunity of
the security forces. The Maoists have engaged in a pattern of violations
of international humanitarian law, including summary killings of non-combatants
and recruitment of child soldiers.
While
in Nepal, the mission team will meet with senior government and army officials,
the National Human Rights Commission, leading members of the bar, non-governmental
human rights organisations, human rights victims and the diplomatic community.
Royal
Coup Plunges Nepal Deeper into Human Rights Crisis |
King
Gyanendra has abandoned the rule of law and deepened the conflict in Nepal
since assuming direct power and suspending almost all rights under a state
of emergency, said the International Commission of Jurists (ICJ) after
returning from an emergency mission to Nepal led by the ICJ Secretary-General
Nicholas Howen.
The
ICJ urged India, the US, the United Kingdom and other states at the UN
Commission on Human Rights meeting in Geneva 14 March to 22 April to work
together and urgently respond to the human rights crisis. "This is a crucial
moment in the history of the struggle for democracy and rights in Nepal,"
said the Secretary-General. "We heard pleas from Nepalis themselves for
the international community to demand a return to the rule of law and respect
for human rights; to help restore the democratic space they need to find
political solutions to the conflict."
The
ICJ launched today a new report Nepal: The Rule of Law Abandoned, which
sets out nine urgent measures the Maoists and the King's government should
take to tackle the long-standing violations committed by the insurgents
and the security forces, as well as the new layer of abuses under the state
of emergency. The security forces have been guilty of gross and systematic
violations of human rights, including torture and extrajudicial killings.
The Maoists have been responsible for killings of civilians, and forced
recruitment, including of children, and other serious violations of international
humanitarian law.
More
than 500 political leaders, student activists, human rights defenders,
journalists and lawyers have reportedly been detained since 1 February,
others forced into exile. Newspapers are censored or closed down; peaceful
protestors immediately arrested. The independence of the judiciary is under
intense pressure.
"It
was clear during our visit that human rights defenders face a suffocating
atmosphere of intimidation and control, where criticism is not tolerated,"
said Nicholas Howen, "Even the National Human Rights Commission - an independent
institution of the state - has been paralyzed, with two of its Commissioners
prevented from leaving Kathmandu to carry out official investigations.
There is a void in human rights monitoring and protection."
The
ICJ has concluded that the King's sweeping suspension of fundamental rights
is not lawful under Nepali and international law, nor will it help to win
the war against the Maoists. On the contrary, peace talks are even further
away and the violence is escalating. During the third week of February,
hundreds of villagers' homes were looted and burned and more than twenty
individuals reportedly killed, in deeply disturbing violence by vigilante
groups in Kapilbastu district. Tens of thousands have reportedly fled across
the border into India.
"There
is no neutral space for civilians; they are trapped, between brutal Maoist
tactics and an unaccountable army that since 1 February is under increasing
pressure to show successes."
"Every
time the ICJ has visited in recent years, the conflict has been deepening
and rights abuses escalating" concluded the Secretary-General. "The King
now rules beyond the constitution and without legal restraints."
"It
saddens us that there now must be calls for a review of the use of the
Royal Nepalese Army in UN peace-keeping operations and for international
justice to step in if those who commit serious abuses are not brought to
justice in Nepal" added the Secretary-General.
The
human rights protection crisis in Nepal requires an urgent response from
the international community. The ICJ called on this year's UN Commission
on Human Rights to:
-
Strongly condemn the gross and systematic violations of human rights committed
by the Nepali security forces and Maoists;
-
Set out the urgent measures the Commission expects both sides to take to
end these violations;
-
Appoint a Special Rapporteur on human rights in Nepal; and
-
Work for the establishment of a significant international human rights
presence, led by the UN Office of the High Commissioner for Human Rights,
to monitor and verify that the urgent measures are being taken by both
sides and to encourage human rights measures that will build confidence
towards a peace process.
Source:
ICJ, Geneva
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