A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
Tuesday, April 19, 2011 By UN News
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Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
"Establishing these mechanisms in Nepal " in particular the Disappearances Commission and the Truth and Reconciliation Commission " is both necessary and urgent," said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal"s Constituent Assembly in the country"s capital, Kathmandu.
"The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards," she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
"It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges."
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
"In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth " and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State."
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society " the Dalit community.
"I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
"Passing these three laws " following the necessary amendments to ensure their consistency with international human rights standards and best practices " is of significant importance," she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
Source: UN News
http://www.speroforum.com/a/52513/Nepal-UN-human-rights-official-urges-creation-of-justice-and-reconciliation-commissions?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+speroforum%2Fnroq+%28Spero+News%29
Not a single war crime punished in Nepal, rues UN
By Sudeshna Sarkar | IANS – Tue, Apr 19, 2011 7:09 PM IST
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Kathmandu, April 19 (IANS) Five years after Nepal's decade-old armed insurrection ended, not a single war crime has been brought to justice, a top UN official rued Tuesday.
Kyung-wha Kang, UN deputy high commissioner for human rights, who arrived here on a three-day visit Monday, said in an address to MPs that it was 'deeply troubling' that to date no one had been held accountable for crimes committed during the Maoist conflict.
'Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims,' she said.
Though victims paid tremendous physical, psychological and material price, often they were the neglected part of the equation in efforts to fight impunity. 'Sadly, this has been the case here in Nepal as well,' she said. 'There is a clear need to rectify this gap.'
Over 1,000 people remain missing still with their families in the dark about their fate.
'They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the state,' Kyung-wha said.
The UN official is also asking Nepal to ensure that the new constitution, to be promulgated by May 28, is based on respect for human rights, the rule of law and justice and equal rights for all.
She noted that some provisions in the draft constitution do not protect basic rights, especially the gender-based discrimination vis-a-vis citizenship provisions that prevents children from receiving citizenship through their mothers.
The UN rights body is calling for a Disappearances Commission to disclose the fate of the missing and a Truth and Reconciliation Commission to bring human rights abusers to justice. Both commissions must be in line with international human rights standards.
The official is also urging Nepal not to grant post-conflict amnesties, including granting pardons or withdrawing criminal charges.
The Maoists, who are now in the ruling alliance, have been demanding such amnesty time and again.
Kyung-wha also said Nepal should establish an independent witness and victim protection system.
(Sudeshna Sarkar can be contacted at sudeshna.s@ians.in)
http://in.news.yahoo.com/not-single-war-crime-punished-nepal-rues-un-133923960.html
Nepal: UN human rights official urges creation of justice and reconciliation commissions
Deputy Rights Commissioner Kyung-wha Kang (right) speaking to reporters on arrival in Nepal
19 April 2011 – A senior United Nations human rights official today urged Nepal to quickly enact the draft laws that will establish a commission to probe enforced disappearances in the Asian country and create a mechanism to seek the truth about conflict-related abuses and facilitate national reconciliation.
“Establishing these mechanisms in Nepal – in particular the Disappearances Commission and the Truth and Reconciliation Commission – is both necessary and urgent,” said Kyung-wha Kang, the UN Deputy High Commissioner for Human Rights, addressing members of Nepal’s Constituent Assembly in the country’s capital, Kathmandu.
“The Constituent Assembly must swiftly adopt the necessary draft legislation to establish these commissions. Furthermore, to ensure that the claims of the victims are genuinely addressed, these laws must be in line with international human rights standards,” she said.
Ms. Kang, however, added commissions cannot replace the regular criminal justice process, which guarantees the rule of law in society.
“It is an obligation for all States to undertake investigations and prosecutions of all cases of gross violations of human rights and serious violations of international human rights and humanitarian law. Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges.”
She voiced concern that no one has to date been held accountable for crimes committed during the conflict, noting that criminal investigations have not progressed and that some perpetrators have even been promoted, with little attention paid to redressing the grievance of the victims.
“In particular, families of the disappeared have remained in the dark about the fate of their loved ones, and to this day, continue to suffer as they await the truth – and justice. They need to be relieved of this terrible burden; seeing those responsible held to account will allow them, and all of Nepali society, to move beyond the past conflict period and build confidence in the mechanisms of the State.”
Ms. Kang said the UN Office of the High Commissioner for Human Rights (OHCHR) is pleased that the Nepalese legislature is considering two important bills aimed at advancing the protection and promotion of the human rights of one of the most marginalized groups in Nepali society – the Dalit community.
“I am speaking of the bill to properly criminalize untouchability practices and the bill to create a strong, independent, and adequately resourced National Dalit Commission to focus on the defence of the rights of the community.
“Passing these three laws – following the necessary amendments to ensure their consistency with international human rights standards and best practices – is of significant importance,” she added.
The Deputy High Commissioner said she was also encouraged by the decision by parliament to instruct the Government to proceed with the ratification of the Rome Statute, the legal instrument that created the International Criminal Court (ICC).
http://www.un.org/apps/news/story.asp?NewsID=38151&Cr=nepal&Cr1=
UN urges Nepal to punish war crimes, increase women's rights
Julia Zebley at 8:36 AM ET
[JURIST] UN Deputy High Commissioner for Human Rights Kyung-wha Kang [official profile] spoke Tuesday to the Constituent Assembly of Nepal (CA) [official website] about several human rights issues in the country, including a reluctance to prosecute war crimes and insufficient progress increasing women's rights [texts, PDF]. The Office of the High Commissioner for Human Rights (OHCHR) and Human Rights Watch (HRW) [JURIST reports] have both previously appealed to the government of Nepal [BBC backgrounder] to investigate human rights violations allegedly committed during its civil war. Among Kang's recommendations were to establish a Disappearances Commission and a Truth and Reconciliation Commission to investigate allegations of disappearance, torture and other crimes:
Post-conflict amnesties cannot be granted to prevent prosecution of egregious human rights violations, including through pardons or the withdrawal of criminal charges. Transitional justice, and criminal justice, should work in a complementary fashion. In this regard, there are a number of cases currently pending in Nepal, for which police investigations, and judicial proceedings, should continue regardless of the fact the establishment of transitional justice mechanisms remains a priority. It is deeply troubling that to date in Nepal no-one has been held accountable for crimes committed during the conflict. Criminal investigations have not moved forward, some perpetrators have even been promoted, and little action has been taken to address and redress the grievance of the victims.
Although Kang was pleased that Nepal is considering criminalizing untouchability practices, she decried that "a number of current draft provisions do not protect basic rights, such as the right to equality. Here, I note particularly gender-based discrimination ... and inadequate respect for the rights of non-citizens." Kang and others are reportedly considering extending [Himalayan Times] the OHCHR-Nepal [official website] presence in the country for two additional years.
The decade-long Maoist guerrilla insurgency that left more than 13,000 people dead ended [JURIST report] in late 2006 when the Nepalese government signed a peace agreement that established the CA. In November, the CA announced it will finish drafting a new constitution [JURIST report] within 18 months. Last May, the CA voted to abolish the monarchy [JURIST report], giving King Gyanendera 15 days to abandon his royal palace, which cleared the way for Maoists to serve in government. As part of the peace accord, the CA was elected [JURIST report] in April 2008, an organization dominated by members of the Communist Party of Nepal - Maoists (CPN-M) [party website].
http://jurist.org/paperchase/2011/04/un-urges-nepal-to-punish-war-crimes-increase-womens-rights.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+pitt%2FvLdl+%28JURIST+-+Paper+Chase+%5Bfull%5D%29
Showing posts with label Disappearances. Show all posts
Showing posts with label Disappearances. Show all posts
Wednesday, April 20, 2011
Tuesday, March 29, 2011
Nepal revises civil war death toll to 17,265+
Mar 29 07:55 AM US/Eastern
KATHMANDU, March 29 (AP) - (Kyodo)—The Nepalese government said Tuesday the death toll from the country's 10-year civil war was almost 1,000 people more than the figure released two years ago.The government said the conflict has left 17,265 people dead, citing figures compiled by an official taskforce responsible for ascertaining the loss of life and property during the Communist insurgency.
In 2009, the government put the death toll at 16,278.
The conflict, which ended in 2006, has left an additional 1,302 people missing, 4,305 disabled and 78,675 displaced, according to Peace Ministry data.
Nepal's Maoists fought an armed insurgency demanding a new Constitution and an end to the monarchy.
The Constituent Assembly, elected in 2008, abolished the country's monarchy the same year, while the Maoists emerged as the country's biggest political force.
A new Constitution has yet to be written, largely because of a power struggle that led to the formation of three governments in as many years.
The Constituent Assembly is supposed to promulgate a new Constitution by May 28.
In 2009, the government put the death toll at 16,278.
The conflict, which ended in 2006, has left an additional 1,302 people missing, 4,305 disabled and 78,675 displaced, according to Peace Ministry data.
Nepal's Maoists fought an armed insurgency demanding a new Constitution and an end to the monarchy.
The Constituent Assembly, elected in 2008, abolished the country's monarchy the same year, while the Maoists emerged as the country's biggest political force.
A new Constitution has yet to be written, largely because of a power struggle that led to the formation of three governments in as many years.
The Constituent Assembly is supposed to promulgate a new Constitution by May 28.
Progress in Constitution drafting work remains slow, and Prime Minister Jhala Nath Khanal, who was elected by parliament on Feb. 3, has yet to announce a full Cabinet.
Govt calls armed outfits for talks
Added At: 2011-03-29 11:51 PM
Last Updated At: 2011-03-30 11:51 PM
HIMALAYAN NEWS SERVICE
KATHMANDU: Amid serial blasts that gripped the Tarai in the past few days, the government today formally invited armed outfits operating mostly in Tarai districts, for talks.
The government, however, made it clear it would sit at the table only with those groups that are political in nature.
Minister for Peace and Reconstruction Barsha Man Pun said some outfits operating in the Tarai and eastern hill districts had already approached it for talks.
“The government sits for talks only with groups having political nature,” Pun said at a press conference, insisting that groups involved in criminal activities would not be spared.
Criminal acts like murder, abduction, and extortion, are the biggest security challenges in the area bordering the Tarai and eastern hill districts. Government data shows as many as 100 armed groups active there, many of them criminal.
In the last four days, four blasts were reported in various districts — Rautahat, Banke Rupandehi and Kavre — which police claim were perpetrated by armed outfits.
At least one person died and dozens of others were injured in these incidents.
Asked who was responsible for the recent blasts, Minister Pun said investigations were under way in this regard. He, however, did not give details about progress in the investigation, saying it was out of his jurisdiction.
Pun did not disclose which groups had approached the government for talks, saying the “dialogue would be kept secret until it bore fruit”.
Earlier, the Madhav Kumar Nepal-led coalition government had held talks with 22 groups and had forged at least two dozen agreements with them, according to the Ministry of Peace and Reconstruction (MoPR)
During the press meet, he presented details of people who were killed, abducted, disappeared and displaced during the decade-long armed rebellion and the figures of those who did not get relief package from the state.
According to the MoPR report, family members of 1,444 out of 17,265 people who died during the conflict were yet to get relief from the state. The report says the state would provide relief to family members of 2,283 conflict victims in the running fiscal. Among the 78,675 displaced persons, almost two third, 50,675 are yet to be resettled in their own homes, according to the report.
The government, however, made it clear it would sit at the table only with those groups that are political in nature.
Minister for Peace and Reconstruction Barsha Man Pun said some outfits operating in the Tarai and eastern hill districts had already approached it for talks.
“The government sits for talks only with groups having political nature,” Pun said at a press conference, insisting that groups involved in criminal activities would not be spared.
Criminal acts like murder, abduction, and extortion, are the biggest security challenges in the area bordering the Tarai and eastern hill districts. Government data shows as many as 100 armed groups active there, many of them criminal.
In the last four days, four blasts were reported in various districts — Rautahat, Banke Rupandehi and Kavre — which police claim were perpetrated by armed outfits.
At least one person died and dozens of others were injured in these incidents.
Asked who was responsible for the recent blasts, Minister Pun said investigations were under way in this regard. He, however, did not give details about progress in the investigation, saying it was out of his jurisdiction.
Pun did not disclose which groups had approached the government for talks, saying the “dialogue would be kept secret until it bore fruit”.
Earlier, the Madhav Kumar Nepal-led coalition government had held talks with 22 groups and had forged at least two dozen agreements with them, according to the Ministry of Peace and Reconstruction (MoPR)
During the press meet, he presented details of people who were killed, abducted, disappeared and displaced during the decade-long armed rebellion and the figures of those who did not get relief package from the state.
According to the MoPR report, family members of 1,444 out of 17,265 people who died during the conflict were yet to get relief from the state. The report says the state would provide relief to family members of 2,283 conflict victims in the running fiscal. Among the 78,675 displaced persons, almost two third, 50,675 are yet to be resettled in their own homes, according to the report.
http://www.thehimalayantimes.com/rssReference.php?headline=Govt+calls+armed+outfits+for+talks&NewsID=281892
Friday, February 4, 2011
Enforced disappearance and torture of Jit Man Basnet from February to October 2004
- Jit Man Basnet
The case
In February 2011, TRIAL submitted an individual communication to the United Nations Human Rights Committee regarding the enforced disappearance and torture of Jit Man Basnet in February 2004. In this case, TRIAL also represents the victim’s cousin, Top Bahadur Basnet.
Jit Man Basnet is a journalist and a lawyer in Kathmandu. On 4 February 2004, he was arrested by security forces and brought to a detention camp known as Bairabnath Battalion barracks.
During this time period (2003-2004) the Bhairabnath Battalion Barracks run by the Royal Nepali Army (RNA) became notorious. In May 2006, the UN Office of the High Commissioner for Human Rights published a report after an investigation of the Maharajgunj RNA barracks in Kathmandu. The Bhairabnath Battalion, quartered at these barracks, played the primary role in the arrest, illegal detention, torture, extrajudicial killing and disappearance of hundreds of people suspected of affiliation with the Maoists, in 2003 and thereafter.
During the first three days of detention Jit Man Basnet was extensively tortured and beaten. There was no fixed routine, the soldiers would come for him at any time of night or day. Beyond the physical pain inflicted by the severe beatings, not knowing when they would come again provoked an ongoing mental distress. The guard accused him having contacts with the Maoists, when he explained he had no information about Maoists, the torture would only get worse. The detention conditions were inhuman. During 258 days Jit Man Basnet was continuously blindfolded and handcuffed.
On 18 October 2004, Jit Man Basnet was finally released. He was strictly forbidden to reveal the existence of the barracks and was forced to sign a paper stating that he was kept in detention for only 90 days, in accordance with state of emergency laws.
More than seven years have passed and, no ex officio, prompt, impartial, thorough and independent investigation has been carried out by Nepal authorities and no one has been prosecuted, judged and sanctioned for the enforce disappearance and torture of Jit Man Basnet, thus fostering an ongoing climate of impunity
During this time period (2003-2004) the Bhairabnath Battalion Barracks run by the Royal Nepali Army (RNA) became notorious. In May 2006, the UN Office of the High Commissioner for Human Rights published a report after an investigation of the Maharajgunj RNA barracks in Kathmandu. The Bhairabnath Battalion, quartered at these barracks, played the primary role in the arrest, illegal detention, torture, extrajudicial killing and disappearance of hundreds of people suspected of affiliation with the Maoists, in 2003 and thereafter.
During the first three days of detention Jit Man Basnet was extensively tortured and beaten. There was no fixed routine, the soldiers would come for him at any time of night or day. Beyond the physical pain inflicted by the severe beatings, not knowing when they would come again provoked an ongoing mental distress. The guard accused him having contacts with the Maoists, when he explained he had no information about Maoists, the torture would only get worse. The detention conditions were inhuman. During 258 days Jit Man Basnet was continuously blindfolded and handcuffed.
On 18 October 2004, Jit Man Basnet was finally released. He was strictly forbidden to reveal the existence of the barracks and was forced to sign a paper stating that he was kept in detention for only 90 days, in accordance with state of emergency laws.
More than seven years have passed and, no ex officio, prompt, impartial, thorough and independent investigation has been carried out by Nepal authorities and no one has been prosecuted, judged and sanctioned for the enforce disappearance and torture of Jit Man Basnet, thus fostering an ongoing climate of impunity
In February 2011, TRIAL thus submitted an individual communication to the United Nations Human Rights Committee asking it:
to recognise that Nepal violated numerous articles of the International Covenant on Civil and Political Rights subsequently to Jit Man Basnet’s enforced disappearance and torture;
to strongly recommend that Nepal initiate immediate investigations into the role of the soldiers attached to the Bhairabnath Battalion stationed at the Maharajgunj Barracks in the period concerned and prosecute those responsible for the arbitrary arrest, enforced disappearance and torture of Jit Man Basnet;
to urge the State party to immediately suspend from office all army officials against whom there is prima facie evidence that they were involved in the Jit Man Basnet’s enforced disappearance and torture;
to declare that Nepal also violated the Covenant with regard to the suffering undergone by Jit Man Basnet’s cousin, Top Bahadur Basnet; and therefore require that Nepal grant him full and adequate reparation;
to require that Nepal offers integral, prompt, just and adequate reparation for the enforced disappearance and torture suffered by Jit Man Basnet.
General context
In February 1996 the Communist Party of Nepal (Maoist) overtly declared war against the official governmental authorities of Nepal, which at the time was ruled in the form of a constitutional monarchy.
The conflict rapidly spread all over the country. In 2001, when violence truly escalated into a civil war, a state of emergency was declared. The state of emergency allowed the State to increase its repression against persons who were suspected of helping the Maoist insurgents and to derogate from fundamental rights and liberties. The recourse to enforced disappearances, torture, summary executions and arbitrary detentions by State agents and Maoists was generalized during this period. Arbitrary detention and torture were used years after the end of the state of emergency against all those suspected of affiliation with the Maoists. It is within this context that Jit Man Basnet was detained and disappeared for over 8 months.
http://www.trial-ch.org/en/activities/litigation/the-advocacy-center-trial-act/acts-cases/nepal/basnet-case-february-2011.html
Saturday, January 29, 2011
Nepal: Disappeared to be listed on billboard
Translated from Nepal Samacharpatra (accessed 30 Jan 2011)
In an attempt to bring conformity to number of disappeared, the Local Peace Committee of Kaski district in western Nepal has decided to list the names of such people from the district in billboards in all four of its constituencies. The committee coordinator informed that eighteen people have disappeared from the district but indicated the need for more investigation to confirm the number.
The decade-long Maoist insurgency of Nepal resulted in at least a thousand individuals not accounted so far; however, lack of an official investigation has meant that the exact numbers of disappeared is disputed. The 2006 peace accord provides for the establishment of a commission of inquiry to look into cases of disappeared people but it is yet to form.
Nepal's government has formed local peace committees to carry out peacebuilding activities in districts, including identification of victims, recommendation for their healing efforts and monitoring the implementation, reconstruction of infrastructures destroyed and support to conflict resolution, among others.
बेपत्ता नागरिकको नाम होर्डिङ बोर्डमा
नेपाल समाचारपत्र, (कास्की), द्वन्द्वको समयमा बेपत्ता पारिएका नागरिकको नाम होर्डिङ बोर्डमा टाँसिने भएको छ। लामो समयको वार्ता र छलफलपछि गत पुसमा कास्कीमा गठन भएको शान्ति समितिले द्वन्द्वको समयमा बेपत्ता पारिएका नागरिकको नाम होर्डिङ बोर्डमा टाँस्ने निर्णय गरेको हो।
शान्ति समिति गठनपछि बसेको बैठकले गरेका निर्णय मंगलबार सार्वजनिक गर्दै समितिका संयोजक रामजी बरालले आगामी फागुन १५ सम्ममा होर्डिङ बोर्ड बनाएर कास्कीका चार वटै क्षेत्रमा बेपत्ता नागरिकको नाम राखिने जानकारी दिनुभयो। बरालका अनुसार कास्कीमा द्वन्द्वको समयमा १८ जना बेपत्ता भएका छन्। द्वन्द्वपीडितहरुको समस्यालाई उजागर गरी त्यसको निराकण गर्नका लागि कास्कीका चार वटै निर्वाचन क्षेत्रमा अन्तरकि्रया कार्यक्रम पनि गर्ने भएको छ।
समितिले जनआन्दोलनमा घाइते नेत्रपाणी सुवेदीको शारीरिक अवस्था दयनीय भएकोले उहाँको उपचारको लागि शान्ति तथा पुनःनिमार्ण मन्त्रालयमा सिफारिस गर्ने निर्णय पनि गरेको छ। समितिका संयोजक बरालका अनुसार द्वन्द्व निवारण र शान्ति निर्माण सहयोग कार्यक्रम ०६७/०६८ बजेट माग गर्ने प्रस्तावना बनाई मन्त्रालयमा पेस गर्ने भएको छ।
समितिको कार्यसम्पादन गर्नको लागि ९ सदस्यीय सचिवालय समिति पनि गठन गरेको छ। द्वन्द्वका घाउमा मलमपट्टी लगाउने भूमिका खेल्न समिति गठन भएको छ -संयोजक बरालले भन्नुभयो- द्वन्द्वको समयमा क्षति भएका भौतिक संरचनाको पुनःनिमार्णको साथै वास्तविक द्वन्द्वपीडितको पहिचान गरी राहतको लागि पहल गर्नेछ। बरालका अनुसार द्वन्द्वपीडितलाई राहत उपलब्ध भए/नभएको अनुगमन गर्न पुनःनिर्माणका कामहरुको अनुगमन गर्नुका साथै द्वन्द्व निवारण र शान्ति निर्माणमा प्रत्यक्ष सहयोग पुग्ने कार्यक्रम गर्न समिति क्रियाशील रहनेछ।
शान्ति समिति गठनपछि बसेको बैठकले गरेका निर्णय मंगलबार सार्वजनिक गर्दै समितिका संयोजक रामजी बरालले आगामी फागुन १५ सम्ममा होर्डिङ बोर्ड बनाएर कास्कीका चार वटै क्षेत्रमा बेपत्ता नागरिकको नाम राखिने जानकारी दिनुभयो। बरालका अनुसार कास्कीमा द्वन्द्वको समयमा १८ जना बेपत्ता भएका छन्। द्वन्द्वपीडितहरुको समस्यालाई उजागर गरी त्यसको निराकण गर्नका लागि कास्कीका चार वटै निर्वाचन क्षेत्रमा अन्तरकि्रया कार्यक्रम पनि गर्ने भएको छ।
समितिले जनआन्दोलनमा घाइते नेत्रपाणी सुवेदीको शारीरिक अवस्था दयनीय भएकोले उहाँको उपचारको लागि शान्ति तथा पुनःनिमार्ण मन्त्रालयमा सिफारिस गर्ने निर्णय पनि गरेको छ। समितिका संयोजक बरालका अनुसार द्वन्द्व निवारण र शान्ति निर्माण सहयोग कार्यक्रम ०६७/०६८ बजेट माग गर्ने प्रस्तावना बनाई मन्त्रालयमा पेस गर्ने भएको छ।
समितिको कार्यसम्पादन गर्नको लागि ९ सदस्यीय सचिवालय समिति पनि गठन गरेको छ। द्वन्द्वका घाउमा मलमपट्टी लगाउने भूमिका खेल्न समिति गठन भएको छ -संयोजक बरालले भन्नुभयो- द्वन्द्वको समयमा क्षति भएका भौतिक संरचनाको पुनःनिमार्णको साथै वास्तविक द्वन्द्वपीडितको पहिचान गरी राहतको लागि पहल गर्नेछ। बरालका अनुसार द्वन्द्वपीडितलाई राहत उपलब्ध भए/नभएको अनुगमन गर्न पुनःनिर्माणका कामहरुको अनुगमन गर्नुका साथै द्वन्द्व निवारण र शान्ति निर्माणमा प्रत्यक्ष सहयोग पुग्ने कार्यक्रम गर्न समिति क्रियाशील रहनेछ।
द्वन्द्वपीडितको तथ्याड्ढ स्पष्ट नभएको भन्दै बरालले तथ्याड्ढलाई एकरुपता ल्याउन अनुसन्धान गर्नुपर्ने बताउनुभयो। बरालका अनुसार समितिको लागि शान्ति मन्त्रालयमार्फत वार्षिक ७ लाख बजेट निकास हुने र तीन जना कर्मचारीको खर्च पनि राज्यले नै व्यवस्था गरेको छ।
Monday, January 24, 2011
VICTIMS KNOCK HRC DOOR AHEAD OF UN SCRUTINY DAY
24 January 2011. The families of eight youths from Manau, Bardiya District, who were disappeared at the hands of security forces back in April 2002, have submitted today an individual communication to the United Nations Human Rights Committee (UN-HRC) with the help of Advocacy Forum-Nepal and the REDRESS Trust. The submission is timed to coincide with the Universal Periodic Review (UPR) of the Human Rights Council scheduled to kick off from tomorrow in Geneva.
Under the Optional Protocol to the International Covenant on Civil and Political Rights to which Nepal is a party since 1991, victims can petition the Human Rights Committee, an independent body of experts, if they have exhausted all domestic remedies.
On the night of 11 April 2002, eight young persons - Dhaniram Tharu, Soniram Tharu, Radhulal Tharu, Prem Prakash Tharu, Kamala Tharu, Mohan Tharu, Lauti Tharu and Chillu Tharu - all of Tharu ethnicity, disappeared from their homes in Nauranga village, Ward No.8, Manau Village Development Committee (VDC), Bardiya District. They were aged between 14 and 23; two among them were girls; and five of them were thoughts to be below 18 years old. The disappearances were allegedly committed by a group of 60-70 soldiers who came to the village, with groups of two to five soldiers breaking into the targeted houses between midnight and 2am, carrying torches and weapons. In each house they asked for the disappeared person by name, sometimes even seeming to know the location of that person’s bed.
Having exhausted all available and effective domestic remedies as well as administrative remedies, the families of those disappeared are now submitting a communication to the United Nations Human Rights Committee. The families ask that the Committee find that the state committed violations of the International Covenant on Civil and Political rights ratified by Nepal, and, to declare in particular that the victims were arbitrarily arrested and disappeared by the State and recommend prompt, impartial and thorough investigations into the fate of the victims and prosecute those against whom there is sufficient evidence.
Padam Lal Tharu, father of Radhulal Tharu said: “We have been waiting for the last 9 years to know the truth. We could get neither truth nor justice... I have some new hope now Advocacy Forum and REDRESS have assisted us to take our voices to the Committee.”
Mandira Sharma, Executive Director of Advocacy Forum-Nepal said: “These victims represent many other victims from Bardiya with whom we have been working for years. Sadly, for these victims, the rights enshrined in human rights treaties remain a dream and the mechanisms established for their enforcement inaccessible. By helping these families to bring a communication to the Human Rights Committee we are trying to increase the possibilities of the victims getting truth, justice and reparation.”
Similarly, Carla Ferstman, Director of REDRESS Trust, said: “Enforced disappearances are recognised as among the worst international crimes. We hope that this petition and the eventual response of the UN encourages the Government of Nepal to address the devastating consequences of disappearances once and for all - the families of the disappeared deserve to know the full truth of what happened, and those responsible for the disappearances should be held accountable”.
A joint press statement issued by AF and REDRESS has called upon the government of Nepal to fully comply with its obligations under the ICCPR and its additional protocol, by fully implementing the recommendations of the Human Rights Committee in the Yashoda Sharma case, and by responding promptly and in full to the other cases currently before the Committee and the new case filed by the families of the eight young people disappeared from Manau.
On the night of 11 April 2002, eight young persons - Dhaniram Tharu, Soniram Tharu, Radhulal Tharu, Prem Prakash Tharu, Kamala Tharu, Mohan Tharu, Lauti Tharu and Chillu Tharu - all of Tharu ethnicity, disappeared from their homes in Nauranga village, Ward No.8, Manau Village Development Committee (VDC), Bardiya District. They were aged between 14 and 23; two among them were girls; and five of them were thoughts to be below 18 years old. The disappearances were allegedly committed by a group of 60-70 soldiers who came to the village, with groups of two to five soldiers breaking into the targeted houses between midnight and 2am, carrying torches and weapons. In each house they asked for the disappeared person by name, sometimes even seeming to know the location of that person’s bed.
Having exhausted all available and effective domestic remedies as well as administrative remedies, the families of those disappeared are now submitting a communication to the United Nations Human Rights Committee. The families ask that the Committee find that the state committed violations of the International Covenant on Civil and Political rights ratified by Nepal, and, to declare in particular that the victims were arbitrarily arrested and disappeared by the State and recommend prompt, impartial and thorough investigations into the fate of the victims and prosecute those against whom there is sufficient evidence.
Padam Lal Tharu, father of Radhulal Tharu said: “We have been waiting for the last 9 years to know the truth. We could get neither truth nor justice... I have some new hope now Advocacy Forum and REDRESS have assisted us to take our voices to the Committee.”
Mandira Sharma, Executive Director of Advocacy Forum-Nepal said: “These victims represent many other victims from Bardiya with whom we have been working for years. Sadly, for these victims, the rights enshrined in human rights treaties remain a dream and the mechanisms established for their enforcement inaccessible. By helping these families to bring a communication to the Human Rights Committee we are trying to increase the possibilities of the victims getting truth, justice and reparation.”
Similarly, Carla Ferstman, Director of REDRESS Trust, said: “Enforced disappearances are recognised as among the worst international crimes. We hope that this petition and the eventual response of the UN encourages the Government of Nepal to address the devastating consequences of disappearances once and for all - the families of the disappeared deserve to know the full truth of what happened, and those responsible for the disappearances should be held accountable”.
A joint press statement issued by AF and REDRESS has called upon the government of Nepal to fully comply with its obligations under the ICCPR and its additional protocol, by fully implementing the recommendations of the Human Rights Committee in the Yashoda Sharma case, and by responding promptly and in full to the other cases currently before the Committee and the new case filed by the families of the eight young people disappeared from Manau.
This is the sixth case in which Advocacy Forum and REDRESS assisted victims from Nepal to file communications before the Human Rights Committee.
An appeal for the disappeared and their families.
by Duku Nepal on Tuesday, January 25, 2011 at 10:27am
Families of Bardiya disappeared victims appeal to the UN Human Rights Committee
Today, 24 January 2011, the families of eight youths from Manau, Bardiya District who were taken away by the security forces in April 2002 submitted an individual communication to the United Nations Human Rights Committee with the help of Advocacy Forum-Nepal and the REDRESS Trust. Under the Optional Protocol to the International Covenant on Civil and Political Rights to which Nepal is a party since 1991, victims can petition the Human Rights Committee, an independent body of experts, if they have exhausted all domestic remedies.
Case:
On the night of 11 April 2002, eight young persons - Dhaniram Tharu, Soniram Tharu, Radhulal Tharu, Prem Prakash Tharu, Kamala Tharu, Mohan Tharu, Lauti Tharu and Chillu Tharu - all of Tharu ethnicity, disappeared from their homes in Nauranga village, Ward No.8, Manau Village Development Committee (VDC), Bardiya District. They were aged between 14 and 23; two among them were girls; and five of them were thoughts to be below 18 years old. The disappearances were allegedly committed by a group of 60-70 soldiers who came to the village, with groups of two to five soldiers breaking into the targeted houses between midnight and 2am, carrying torches and weapons. In each house they asked for the disappeared person by name, sometimes even seeming to know the location of that person’s bed.
Mandira Sharma, Executive Director of Advocacy Forum-Nepal said: “These victims represent many other victims from Bardiya with whom we have been working for years. Sadly, for these victims, the rights enshrined in human rights treaties remain a dream and the mechanisms established for their enforcement inaccessible. By helping these families to bring a communication to the Human Rights Committee we are trying to increase the possibilities of the victims getting truth, justice and reparation.”
No news of the eight youths was received by the families for years despite repeated searches in all the army camps and police stations in a 50 kilometre radius and visits to the authorities. In 2006 the army informed the Neupane Committee, the ICRC and OHCHR-Nepal that seven of the young people were killed in crossfire during an encounter with Maoists in the Manau nursery jungle, but did not provide details as to what happened to the bodies. The families refuted the army’s allegations. They say that as the young people left their houses unarmed and under the control of a large group of soldiers they could not have engaged in an armed encounter later that same night. Furthermore, the villagers would have heard if there had been gunshots in the nursery. Finally, no information has been provided about the fate of Prem Prakash.
Advocacy Forum assisted the families of the victims to file habeas corpus petitions in the Supreme Court in 2003. All of the respondents denied detaining the eight young persons. In decisions reached between 24 August 2004 and 25 March 2005, the Supreme Court quashed all of the petitions on the grounds that the Authors could not identify where and by whom each young person was being detained.
Having exhausted all available and effective domestic remedies as well as administrative remedies, the families of those disappeared are now submitting a communication to the United Nations Human Rights Committee. Padam Lal Tharu, father of Radhulal Tharu said: “We have been waiting for the last 9 years to know the truth. We could get neither truth nor justice... I have some new hope now Advocacy Forum and REDRESS have assisted us to take our voices to the Committee.”
The families ask that the Committee find that the state committed violations of the International Covenant on Civil and Political rights ratified by Nepal, and, to declare in particular that the victims were arbitrarily arrested and disappeared by the State and recommend prompt, impartial and thorough investigations into the fate of the victims and prosecute those against whom there is sufficient evidence.
“Enforced disappearances are recognised as among the worst international crimes. We hope that this petition and the eventual response of the United Nations encourages the Government of Nepal to address the devastating consequences of disappearances once and for all - the families of the disappeared deserve to know the full truth of what happened, and those responsible for the disappearances should be held accountable”, said Carla Ferstman, Director of the REDRESS Trust.
Context:
According to reports by OHCHR and national and international human rights organisations, Bardiya District had the highest number of disappearances carried out during the conflict. OHCHR-Nepal received reports of 200 disappearances in the district, other human rights groups have put this number at 240. This figure would account for approximately 20% of all disappearances in Nepal.
The Tharu indigenous group constitutes 52% of the population in Bardiya District. During the conflict, the Tharu community in Bardiya District appears to have been particularly targeted. Over 85% of the cases of enforced disappearance documented by OHCHR Nepal in Bardiya District were from the Tharu community. Similarly, 109 of the 160 cases of enforced disappearance examined by the WGEID during its 2006 session were cases of members of the Tharu community disappeared at the hands of members of the security forces.
Other cases before the Committee:
This is the sixth case in which Advocacy Forum and REDRESS assisted victims from Nepal to file communications before the Human Rights Committee. In the first case submitted by Yashoda Sharma (wife of Surya Prasad Sharma, who had disappeared at the hands of the army) the Committee reached a decision on 28 October 2008. It held that the Government of Nepal had committed numerous breaches of its obligations to both the victim and his wife. It recommended that the government promptly initiate a full investigation into the disappearance of Surya Prasad Sharma in 2002, with a view of prosecuting those responsible. It also recommended the prompt payment of adequate reparations to his family. However the government has only partially implemented the recommendation on adequate reparations and no investigation has been initiated. The Government is arguing that instead of conducting criminal investigations into the case, the case will be investigated by the Truth and Reconciliation Commission and the High-Level Disappearances Commission. These mechanisms have yet to be established and their envisaged powers remain ambiguous.
Saturday, January 8, 2011
बेपत्ताकी पत्नी घरनिकाला
जनक नेपाल
बेपत्ता पतिको खोजीमा भौंतारिइरहेकी बर्दिया मोतीपुर ५ मदाहागाउँकी शोभारानी थारूलाई परिवारले घरनिकाला गरेका छन् । उनी नातेदारकहाँ बसेर पतिको खोजी र अंश मुद्दा लडिरहेकी छन् ।
'दुःखमा परेका बेला सहारा दिनुको साटो घरबाटै निकाले' उनले कान्तिपुरसित भनिन्, 'घरजग्गा, अंश केही दिएका छैनन् । ज्याला मजदुरी गरेर बाँचेकी छु,' उनले अंशबन्डाका लागि जिल्ला अदालतमा मुद्दा दिएकी छन् । त्यस्तै, बेपत्ता पतिको स्थिति सार्वजनिक हुने आशामा उनी राष्ट्रिय मानव अधिकार आयोग धाउँदै छिन् । स्थानीय शान्ति समितिले उपलब्ध गराएको एक लाख राहत मुद्दा लड्दा खर्च भएको शोभारानीले बताइन् । सासू-ससुराले एक बिघा १७ धुर जग्गा र घर सबै छोरीहरूलाई दिएपछि उनी बेसहारा भएकी हुन् । 'सासूससुराका चार छोरी छन् । छोरा बेपत्ता भयो, अब बुहारीलाई किन राख्ने भनेर घरबाट निकाले' उनले भनिन् ।
बाबुराम र शोभारानीका दुई छोरा थिए । उनीहरू बिरामी भएर मृत्यु भएपछि शोभारानी अहिले एक्लै भएकी छन् । थारू उत्थान केन्द्रले उपलब्ध गराएको ४ हजार सहयोगबाट गाउँमा सानो घुम्ती पसल राखेकी छन् । त्यसबाट जीविकोपार्जन नभएपछि उनी दैनिक ज्यालादारी गर्छिन् । शोभारानीका पति बाबुरामलाई सुरक्षाकर्मीले ०५९ असोज १६ मा पक्राउ गरी बेपत्ता पारेको हो । उनीसँगै गाउँका दरबारी, तुल्सीराम, लक्षीराम, कालीराम र बाँदु थारू पनि बेपत्ता छन् । राष्ट्रिय मानव अधिकार आयोगले उनीहरूको अवस्था यथाशीघ्र सार्वजनिक गर्न, दोषीको पहिचान गरी कारबाही र पीडितलाई अन्तरिम राहतस्वरूप एक लाख उपलब्ध गराउन सरकारलाई निर्देशन दिएको एक वर्ष बित्दासमेत निर्णय कार्यान्वयन भएको छैन ।
'राहत पाइन्छ कि भनेर आएकी हुँ' आयोगको क्षेत्रीय कार्यालय पुगेकी ३८ वषर्ीय शोभारानीले भनिन्, 'यो राहत पनि सासूससुराले लैजाने डर छ ।' आयोगले ०६६ मंसिर ८ मा निर्णय गरी २२ गते प्रधानमन्त्री कार्यालयलाई उक्त निर्देशन दिएको हो । राष्ट्रिय मानव अधिकार आयोगका क्ष्ाेत्रीय निर्देशक मुरारी खरेलले आयोगका सिफारिस बाध्यकारी कार्यान्वयन भएमात्र दोषीले कारबाही र पीडितले न्याय पाउने बताए । 'दोषीको पहिचान गरी कारबाही गर्नुपर्ने सिफारिस एउटै पनि कार्यान्वयन भएको छैन,' खरेलले भने । इन्सेकका अनुसार राज्य र तत्कालीन विद्रोही माओवादीबाट १ हजार ६ जना नागरिक बेपत्ता छन् । बर्दियामा मात्र माओवादीबाट १४ सहित २ सय २० जना बेपत्ता छन् ।
प्रकाशित मिति: २०६७ पुस २४ ०९:२९
http://www.ekantipur.com/kantipur/news/news-detail.php?news_id=234169
Friday, January 7, 2011
Secretary-General’s Outgoing Representative in Nepal Spells Out Stark Choices for Conclusion of Peace Process as United Nations Mission Winds Down
Source: United Nations Security Council
Date: 05 Jan 2011
Security Council
SC/10145
6465th Meeting (PM)
In Final Briefing to Security Council, She Reports Progress Marred by Growing Divisions between Parties
The peace process in Nepal could either be brought to a close in a satisfactory manner, through the negotiated resolution of outstanding issues, or abortively, with one or more parties reneging on their solemn commitments, the Secretary-General's Representative in that country told the Security Council today.
Briefing the Council for the last time as Head of the United Nations Mission in Nepal (UNMIN), just 10 days before the conclusion on 15 January of its four-year engagement, Karin Landgren said that although the peace process was still incomplete, the Mission had performed its mandated tasks and contributed significantly to peace. UNMIN had been an expression of the international community's support for and investment in Nepal's peace process, she added.
Acknowledging understandable frustration with an attenuated process, far removed from the optimistic 12-month period originally mandated by the Council, she said the Mission's primary objective at inception had been the successful election of the Constituent Assembly. But upon completion of that task, UNMIN's monitoring of arms and armies had been extended repeatedly while relations between the parties continued to erode. The Mission would have benefited from a review of its mandate after the elections, she said, adding that stronger support for the peace process overall — possibly including monitoring of the peace agreements more broadly, as well as technical support, particularly for the integration and rehabilitation process — should have been considered more seriously.
Four years on, it should be recognized that Nepal had undertaken a complex long-term project of peace, democracy and State transformation, she continued. The historic 12-point agreement signed by the Government of Nepal and the Unified Communist Party of Nepal (Maoist) in 2005 had committed them to establish absolute democracy in the country, but completing the course and managing the process had now become acutely challenging. Deep divisions had emerged over its direction and the sequencing of steps, especially in respect of the Maoist army personnel's future and the promulgation of a new constitution.
There had been dramatic political gains, which were not likely to be reversed, but the risks had clearly grown, she said, citing fears among many Nepalis about the prospect of a people's revolt, which remained an explicit Maoist threat. There were also fears of the President stepping in, as recently called for by the Vice-President, should the parties fail to find a way forward, or of an army-backed coup. Any such measures would sorely threaten peace and Nepal's fragile democracy, she warned.
Under the four-point agreement concluded last September, the Government and the Unified Communist Party of Nepal (Maoist) were to "basically complete" the remaining tasks of the peace process by 14 January 2011, she said, pointing out, however, that major issues pertaining to integration and rehabilitation remained unresolved. They included the numbers, norms and modalities for integration into the security forces; whether the combatants would be integrated principally into the Nepal Army and Armed Police Force or into other forces; and the value of the proposed rehabilitation packages.
She stressed that the parties had not resolved the issue of future monitoring of the arms and armies after UNMIN's exit. Despite the Mission's strong advice that the parties should move forward more swiftly on finding solutions for the 19,000 Maoist army personnel rather than simply replicating a monitoring regime, there was considerable confusion and disagreement on how, and by whom, monitoring would be conducted after UNMIN. Today, 10 days before the end of the Mission, there was still no consensus mechanism to which UNMIN could hand over its monitoring responsibilities, she noted.
"It's not clear what will happen after UNMIN withdraws," she continued. The of 26 November 2006 Agreement on the Monitoring of the Management of Arms and Armies spelled out the Mission's role as the monitor of those arrangements, as did the Peace Agreement of 21 November 2006. Those accords were binding on the parties and became no less so after UNMIN's departure, she said, adding that the parties could revise them but had yet to do so. Thus, the departure of UNMIN — the designated monitor — "seems set to create a legal void", Ms. Landgren said.
She went on to note that the Office of the Prime Minister had set forth a plan making clear that the Nepal Army would no longer be subjected to monitoring. The Government had reiterated its request that UNMIN hand over all relevant documents, United Nations equipment and logistics, including containers bearing arms and ammunition, to the Special Committee monitoring the integration of Maoist army personnel or another designated mechanism. The Unified Communist Party of Nepal (Maoist) had already rejected formally the monitoring proposal presented by the Prime Minister's Office on the grounds that it would effectively abrogate critical agreements, with potentially far-reaching political consequences. "Expunging these agreements would "create grave uncertainties and be expected to erode the confidence that has been built up around arms monitoring and through the important achievements of the process so far," Ms. Landgren warned.
With respect to the Prime Minister's Office for the transfer of UNMIN documents and equipment, she said the Mission had underlined its readiness to provide all possible support to agreed follow-on arrangements. In numerous discussions with the Government, UNMIN had set out the relevant United Nations procedures. The stored arms and ammunition belonged to the parties, she said, stressing that UNMIN had had the responsibility of monitoring them but no authority over their disposal. The arms monitoring function was based on agreement and the Mission required "a clear and consensual response" as to how the monitoring equipment would be used.
For its part, the Council had consistently urged the parties "to agree and implement a timetabled action plan with clear benchmarks for the integration and rehabilitation of Maoist army personnel", she recalled. It had decided that in working with the parties, UNMIN should "make the necessary arrangements for its withdrawal, including handing over any residual monitoring responsibilities". Ms. Landgren added: "It is not an option for us to hand over monitoring-related [Untied Nations] equipment to the Government, without agreement between the Government and UCPN-M [Unified Communist Party of Nepal [Maoist] on the nature and form of future monitoring."
Politically, the peace process remained largely deadlocked following the resignation of Prime Minister Madhav Kumar Nepal in June 2010, she said. There had been little progress on the most critical issues of forming a new government and integrating and rehabilitating Maoist army personnel. However, some progress had been made on the new constitution, but meeting the promulgation deadline of 28 May might be difficult. Recalling that the Interim Government in office between April 2007 and August 2008 had reflected an agreement to share power, she said that since the elections, the parties had found it extremely difficult to maintain consensus and to find satisfactory power-sharing arrangements. At issue was not merely whether a new Government could be formed, but whether the peace process could advance without it.
Reporting that Parliament had been summoned for 9 January, she said it appeared unlikely that a new Government would be in place by the time UNMIN's mandate expired. Growing differences within the major political parties added to the mistrust between them, and the failure of the peace process to advance had strengthened the hand of those on all sides who derided it as unproductive or "far too slow", she said, warning that there was a real risk that failure would become a self-fulfilling prophecy.
Still, the Comprehensive Peace Agreement "remains a lodestar for Nepal", pinpointing the issues holding the key to sustainable peace and development, she continued. Many ethnic and traditionally-marginalized groups now anticipated improved representation at all levels of society and Government, as well as the benefits of greater decentralization. At the same time, the contestation over resources and a share in decision-making was now heightened and could be a source of future tension and instability. Additionally, land-reform efforts had stalled and the human rights situation was still characterized by a general atmosphere of impunity and lack of accountability. Some journalists had been killed and others threatened, she noted, adding that efforts to establish the Truth and Reconciliation Commission and the Commission of Inquiry on Disappearances had slowed.
Despite the stalemate over many critical matters, however, there had been some encouraging progress in reducing contentious issues in the new constitution, she said. Among other things, the new charter was expected to reflect the most important commitments of the Comprehensive Peace Agreement, making it perhaps the single most critical milestone in Nepal's democratic transition. Adopting the new constitution should "close the door" firmly on any undemocratic governance alternatives, against which the United Nations had warned repeatedly, she said. Parties on both the left and the right would need to show patience and remain faithful to the core documents of the peace process. The traditional parties must demonstrate that their intention was not simply to marginalize the Maoists through day-to-day politics, while the Maoists must demonstrate unambiguously their intention to abide by democratic politics.
In closing, she said the matter of Nepal's peace process would remain on the Council's agenda for a further three years. Consistent with the strong and sustained support of the Secretary-General and the United Nations over the past several years, the United Nations would remain engaged and continue to make its contribution to the success of the peace process.
Also addressing the Council, Nepal's representative agreed that the Mission had been a positive factor in the difficult context of the peace process, and expressed sincere appreciation for its dedication and contributions. The Government was making every effort to ensure a smooth transition from UNMIN's work to the Special Committee formed under the Interim Constitution and comprising representatives of the major political parties, including the Unified Communist Party of Nepal (Maoist).
He said the peace process would reach its culmination after the reintegration and rehabilitation of combatants and the promulgation of a new constitution. "We are working hard on both these fronts." If it was taking more time, it was only because of the "historic task of transformation that the new constitution will usher in the political, social and economic spheres in the days ahead". However, he acknowledged concerns that the peace process was "sometimes stalled or not moving forward as quickly as possible". Given the necessary courage, maturity and flexibility, all the parties would move towards the logical conclusion.
The Government had already made necessary preparations, with a view to making the constitutionally-formed Special Committee, "a capable body", to take over all UNMIN's tasks seamlessly, he explained. The Special Committee would supervise arms and Maoist army combatants, in accordance with the guidelines laid out in the Directives for Supervision, Control, Direction and Code of Conduct for the Maoist Army Combatants, which had been adopted unanimously on 17 September 2010. The Special Committee would itself be able to settle disputes and any other issues that might arise. The Government had sent a letter to UNMIN on issues related to the monitoring of Maoist army combatants and arms, on the Nepal Army and arms, on the Agreement and Management of Arms and Armies and Dispute Resolution Mechanism, and on the request for the transfer of the updated records of arms and Maoist army combatants, the materials, equipment and logistics used by UNMIN for monitoring.
The meeting began at 3:07 p.m. and ended at 3:47 p.m.
Background
Meeting this afternoon to consider the situation in Nepal, the Security Council had before it the report of the Secretary-General on that country's request for United Nations assistance in support of its peace process (document S/2010/658).
Submitted pursuant to Council resolution 1939 (2010), by which the Council authorized the final mandate extension, until 15 January 2011, for the United Nations Mission in Nepal (UNMIN), the report reviews the progress of the peace process and implementation of the mandate since September. UNMIN was established in 2007 as a special political mission with a mandate that includes monitoring the management of arms and armed personnel of the Nepal Army and the Unified Communist Party of Nepal-Maoist.
According to the report, the Secretary-General says the parties have achieved "only limited progress" in advancing the peace process, which is at a crossroads. The journey that began a little over five years ago with the signing of the Twelve-Point Understanding in November 2005 was solidified in the Comprehensive Peace Agreement a year later, as well as through subsequent agreements and constitutional, legislative and political measures. This has opened up the possibilities of substantial political and social reform, and the United Nations is proud to have contributed its share to the nationally owned process in various ways.
However, Nepal's journey towards sustainable peace is not finished, the report states, adding that the prolonged political deadlock that has hampered progress has become a growing concern for Nepalis and the international community alike as key timelines and deadlines approach in the coming months. Completing the remaining tasks of the peace process by mid-January 2011, as agreed by the Government and the Maoists in September 2010, has so far proved elusive, the report finds. Despite intensified efforts, Nepal has remained under a caretaker government for the past six months, with the parties unable to agree on the leadership and formation of a new government. The peace process still faces several challenges, above all, that of promulgating a new constitution within the extended deadline of 28 May 2011, and integrating or rehabilitating into the security forces roughly 19,000 Maoist army personnel.
Additionally, several other commitments contained in the Comprehensive Peace Agreement and the interim constitution are yet to be addressed and "hold the seeds of fresh confrontation if expectations remain unmet", the report says. Polarized relations and deepening rifts among and within the political parties, as well as the associated mistrust, remain at the heart of the stalemate. This polarization is not insurmountable, and the parties must find a way out of the current situation, the report states, recalling that they have in the past made major compromises, and must soon do so again. None of them can afford to put the entire process and the fruits of their hard work at serious risk, the report states, emphasizing that no one side can expect to win at the expense of others.
The Secretary-General goes on to point out that there is still time for the parties to fulfil their peace-process commitments and improve their political dynamic. Much depends on their ability and willingness to take fresh measures, make necessary compromises and act on the acknowledged need for consensual approaches. It is vital, he says, for all political parties to focus on the long-term interests of the country and people of Nepal rather than partisan interests. The successful conclusion of the peace process is entirely dependent on the parties' reaffirmation of their collective responsibility and a concrete demonstration of their capacity to compromise in the larger interest of the nation.
Rapid steps are needed to secure the integration and rehabilitation of Maoist army personnel in a mutually acceptable manner, he continued, noting that the United Nations would have liked to see that prior to UNMIN's departure, in order to avoid any vacuum. Similarly, there has been no progress on the parallel commitment to determine the numbers of the Nepal Army and to democratize that institution, which is vital for country's future stability. The parties have as yet no agreed plan for follow-on arrangements in respect of the monitoring of arms and armies, a cause for concern in the absence of broader political agreement.
At the Government's request, the Council decided on 15 September that the present UNMIN mandate would be terminated on 15 January 2011, the report recalls. UNMIN was set up as a short-term mission and had been a positive factor in the difficult context of the peace process during this period, including in supporting the electoral process and monitoring the management of arms and armies. However, it has had a limited mandate that did not enable it to provide greater support in resolving the political difficulties of the peace process as a whole.
The report goes on to state that, with the peace process still incomplete and arrangements for the supervision, integration and rehabilitation of Maoist army personnel uncertain, the optimal conditions for the Mission's departure have not yet been attained. But at the same time, it has become quite clear that it makes little sense continually to extend UNMIN's mandate without any meaningful progress by the parties on political issues.
In conclusion, the Secretary-General pledges the continuing long-term support of the United Nations to the search for sustainable peace in Nepal. The Organization's entities in the country will assist in rehabilitating Maoist army personnel when the time comes, and continue to lend support to the constitution-drafting process and the many medium- and longer-term elements of peacebuilding. He expresses confidence that the advances made in Nepal's unique peace process will not easily be reversed, and urges all the parties to do their utmost to preserve these gains, to complete the peace process successfully and to ensure the country's democratic stability. Such processes are never easy, he stresses, adding that Nepal has managed its own peace process with greater goodwill and steadiness than have many other countries in similar post-war settings.
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