Nepal
in Crisis 2005: Human Rights |
March
14, 2005 - PRESS RELEASE
ACHR
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;
Source:
ACHR, New Delhi/Geneva
![](../../../images/remark/extlink01.gif) |
![](../../../images/spacer5xO.1trsp.gif) |
External
link |
![](../../../images/navi2/moreinfobut04.gif) |
|
ACHR |
|
|
|