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Human
Rights & Social Justice
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Statement
of UN Deputy High Commissioner for Human Rights at end of visit to Nepal
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United
Nations Office of the High Commissioner for Human Rights, 03 February 2008
I
would like to thank the Government of Nepal for the warm welcome extended
to me during my five-day visit. The purpose of my visit was to familiarize
myself with the OHCHR operation in Nepal, increase my understanding of
the human rights challenges here, and learn how the Office of the High
Commissioner for Human Rights can better support the national endeavor
to improve human rights during this critical period of transition.
During
my visit, I had important meetings with the Minister of Peace and Reconstruction,
the Foreign Minister as well as the leadership of the Communist Party of
Nepal (Maoist), and will meet the Chief of Army Staff later today. I also
met the Commissioners of the National Human Rights Commission (NHRC) and
representatives of civil society. I traveled to Nepalgunj and Kapilvastu,
where I had the opportunity to discuss with Nepalese men and women who
have suffered abuses and those who strive to uphold human rights at the
grassroots level. I also had the opportunity to visit a prison facility
in Kathmandu.
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visit comes one year after the High Commissioner's last visit to Nepal
and more than one year after the signing of the Comprehensive Peace Agreement
(CPA). It is evident that important progress has been made on a number
of fronts but that more is needed. The issuing of more than two million
citizenship certificates is a major step forward in addressing the situation
of marginalized groups as is the introduction of recruitment quotas in
the police and civil service. The appointment of Commissioners to the NHRC
after a 15-month gap is a positive step in strengthening the national human
rights system. |
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The
Commissioners made clear to me their determination to establish the authority
of NHCR as a fully independent and credible national institution which
will set the agenda for the defence of human rights in Nepal in the future.
OHCHR is increasing its efforts to support and assist the NHRC in this
endeavour.
The
Supreme Court has continued to play a key role in support of human rights
in this period of transition. The Court's decisions on disappearances,
in the Maina Sunuwar case and on the rights of sexual minorities are landmarks
in the defence of human rights. The signing of the Convention on Disabilities
and the ratification of the Optional Protocols to the Convention on the
Rights of the Child and CEDAW constitute important commitments on the part
of the Government. These decisions and obligations now require implementation.
Nonetheless,
major obstacles to the enjoyment of human rights remain. When the High
Commissioner visited Nepal one year ago, she focused on two main issues:
the need to end impunity and the need to address deep-rooted discrimination.
A year later, impunity remains unchecked in Nepal and not one perpetrator
of past or on-going human rights violations has been convicted as a result
of a criminal investigation. The consolidation of the peace process will
continue to be at risk without political will on the part of the authorities
to end this culture of impunity.
The
agreements between the parties require the setting up of a commission on
disappearances and a Truth and Reconciliation Commission, important measures
to bring out the truth, address the past, and also the underlying causes
of the conflict with a view to ensuring that the violations of the past
are not repeated. These Commissions must be set up in accordance with international
standards if they are to guarantee the rights of victims and their relatives
to truth, justice and reparations. OHCHR-Nepal Office has already offered
assistance and advice and will continue to do so.
On-going
impunity as well as a security vacuum due to weak law enforcement and criminal
justice has also led to an increase in violent actions, including killings
and abductions by armed groups. We are especially concerned about the increasing
number of explosions in the context of political rallies, some of which
occurred during my visit. The explosions and other violent actions have
had a serious impact on the enjoyment of the human rights of the population
in the Terai, particularly the rights to life, freedom of assembly and
association. These acts of violence only serve the interests of those seeking
to disrupt the peace process and will make more difficult the holding of
free and fair elections. The holding of the election on 10 April is essential
for the consolidation of peace.
The
security vacuum in the Terai has also led to communal violence. In Kapilvastu,
I had the opportunity to discuss with both displaced persons as well as
members of a community whose village was burnt. Perpetrators can be identified
but the victims have no confidence in the justice system after having experienced
violence and displacement on multiple occasions, Discussions with these
groups revealed that in order to gain the trust of the affected communities,
law enforcement agencies need to be more representative of the population
and need to enforce the law firmly and impartially while fully respecting
human rights.
Caste-based,
gender-based and ethnicity-based discrimination remain entrenched in Nepali
society. I was alarmed by the testimonies from the family of victims of
gender based violence in Nepalgunj and from members of civil society fighting
to end such violence. Discrimination in all its forms must be addressed
systematically and with determination or it will continue to place the
peace process at risk. OHCHR is working closely with the authorities, the
NHRC and civil society to ensure access to justice for victims, follow
emblematic cases through the judicial process, and raise awareness of the
issue in remote communities. It is clear that the Government needs to do
more to effectively address these long standing human rights abuses.
Human
rights workers informed me of the increasing threats against them. The
Government has a special duty to protect human rights defenders so that
they can carry out their activities without hindrance or threats to their
security.
Despite
the many remaining human rights challenges, I am convinced that with continued
courage and determination further progress can be made on the pivotal issues
of impunity and discrimination. In my meeting with the authorities I have
urged them to address these issues as a matter of priority and I have assured
them that OHCHR will continue to work in support of and in cooperation
with them.
The
High Commissioner's Office continues to work closely with UNMIN and UN
Country Team to support the peace process and strengthen human rights protection.
As the peace process moves forward, OHCHR will increasingly focus its work
on supporting our national partners.
Source:
United Nations Office of the High Commissioner for Human Rights 2008
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