AHRC: No rule of law plunges Nepal into human rights catastrophe December 2004 AHRC: Online signature campaign to stop Nepal's disappearances November 2004

The absence of the rule of law in Nepal plunges the country into a human rights disaster with its people facing daily threats of being arrested, tortured, extrajudicially killed and forcibly disappeared perpetrated by state security forces and the insurgent Maoists with impunity, the Asian Human Rights Commission (AHRC) says.

"Nepal today faces an unparalleled human rights catastrophe," the AHRC says in its digest of the country's situation to mark the international human rights day on December 10.

"The government of Nepal is in chaos. It is clearly unable to ensure the security of its people," the Hong Kong-based regional human rights group charges.

Even worse, state organs are very often responsible for forced disappearances and other forms of gross abuses, yet can enjoy absolute impunity. "In short, there is zero rule of law in Nepal," the AHRC says.

The rights violations have caused "overwhelming fear, helplessness and silence" among the people, the group notes.

Nepal is one of the countries in Asia that sees exponential growth in rights abuses. The region's human rights situation is bleak with many other countries also facing the breakdown of the rule of law that makes their people live in instability and constant fear.

But Nepal is distinct as it is "competing for the record number of enforced disappearances in modern Asian history" as every day there are Nepalis being forcibly taken away and their whereabouts remain unknown.

The National Human Rights Commission has recorded some 1,400 cases of disappearance, most involving the military.

Government security forces and militias, on the pretext of maintaining law and order, have resorted to unnecessary violence as a means of control, in total disregard to all human rights principles and standards, the AHRC says.

The victims have included journalists and human rights defenders.

"Although the country has ratified many international conventions and their optional protocols, it has failed miserably in holding even to the spirit of these instruments," the AHRC says.

Grave human rights violations, particularly disappearances, perpetrated by the security forces are always covered up as the country's highest court and the National Human Rights Commission have been directed not to discuss such abuses, thus denying any possibility of relief for the victims.

The AHRC also blames the government for introducing a new draconian law ­ Terrorist and Disruptive Activities (Control and Punishment) Ordinance 2061 ­ to allow the military to continue with arbitrary detentions, torture, disappearances, and extrajudicial and summary executions.

The situation in the Maoist-controlled regions is equally bad since virtually no civilian law enforcement agencies are operative there at all, the rights group observes.

Any chance for the rights violations to stop soon depends on a genuine dialogue between the state and the insurgent Maoists to end the civil war in Nepal. "The government must instead adopt a realistic and sincere approach towards a solution; otherwise, the blind, unnecessary and blatant violence coupled with total impunity of state security officials will lead the country into a disaster from which it will take decades to recover," the AHRC warns.

Local groups and international agencies must also act to help bring about an end to the political and military conflict, the group says.

"More thought-out approaches by international agencies may do something to rectify this unfortunate state of affairs, and perhaps even help to pull the country back from the brink," the group urges.

November 2004 - PRESS RELEASE

The Asian Human Rights Commission (AHRC) has launched an online signature campaign to pressure the Nepali authorities and the insurgent Maoists to take immediate and effective measures to end the massive disappearances and arbitrary killings in the country despite their ongoing conflict.

"The situation is so grave and urgent that by every passing hour human life is lost in Nepal either by military action or by opposing Maoist counteraction. The savage attack on innocent people must be stopped now," said Basil Fernando, executive director of the AHRC, a Hong Kong-based regional human rights group.

Individuals and groups across the world are urged to join the campaign in demanding the His Majesty's Government of Nepal, as well as good offices of the United Nations, to act by signing a petition posted on "Stop Disappearances in Nepal" at http://nepal.disappearances.org, a new Web site run by the AHRC.

The Web site also contains a cyber memorial with information of 897 men, women and children as young as 13 years old, who have been forcibly disappeared in Nepal.

The actual number of the disappeared victims is unknown due to difficulties in gathering information within and outside the country. Many cases are unreported.

The AHRC believes that the exact figure of disappearances could be in thousands and is growing every day. The National Human Rights Commission of Nepal earlier documented more than 1,400 cases.

"The police and the military establishment refuse to admit that large scale disappearances are happening in the country. The domestic law enforcement agencies including the courts are not able to address this situation," the rights group said in the petition.

"All government organs responsible for disappearances enjoy absolute impunity thereby creating a climate of complete fear, helplessness and silence. The situation in the Maoist-controlled region is equally bad since practically there is no civilian law enforcement agency working within this region at all," the group said.

"Disappearances and arbitrary execution cannot be justified by any means and no cause could be held reasonable for summary killings," the AHRC said.

Nepal has the responsibility to protect its people in accordance with the international humanitarian and human rights laws, particularly the International Convention on Civil and Political Rights, and the International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that the country has ratified, the group said.

The AHRC will send the petition and the signatures collected to the office of King Gyanendra and other high-ranking officials of the government.

The online appeal will also be forwarded to the U.N., including its senior human rights adviser to Nepal, the special rapporteur on extrajudicial, summary or arbitrary executions

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