Showing posts with label HRW. Show all posts

Wednesday, January 26, 2011

Nepal | Human Rights Watch World Report

Events of 2010

Nepal's political and peace processes remained stalled in 2010, resulting in instability, weak governance, and no progress on accountability for human rights violations. Prime Minister Madav Kumar Nepal of the Unified Marxist-Leninist party (CPN-UML) resigned on June 30, under pressure from the Maoists who demand a unity government with themselves at the helm. At this writing the parliament has failed to form a new government, despite 16 rounds of parliamentary votes. The Constituent Assembly missed the May 28 deadline to draft a new constitution. In a last-minute deal, political parties concluded a three-point agreement to extend the Constituent Assembly by another year.

The government made little progress in 2010 on realizing people's economic, social, and cultural rights though economic development. Reports of lawlessness persist in many parts of the country, especially in the southern plains of the Terai and the eastern hills. Armed groups and ethnically based organizations have been involved in killings and extortion with impunity.

Accountability for Past Abuses

The government and political parties still fail to show the will to establish accountability for human rights violations committed during the war. No one from the security forces or among the Maoists has been held criminally responsible for abuses committed during the conflict. In many cases, those accused of violations actively receive protection from the security forces or political parties.

In October the Nepal Army extended the tenure of Colonel Raju Basnet by two years, though he was at the Maharajgunj army barracks in 2003 and 2004 when various cases of torture, arbitrary detention, and enforced disappearance took place. The National Human Rights Commission (NHRC) and the UN Office of the High Commissioner for Human Rights (OHCHR) have repeatedly requested that the government start proceedings against Basnet.

In spite of a court order, the army refused to hand over Major Niranjan Basnet, accused in 2004 of the torture, rape, and murder of 15-year-old Maina Sunwar. After Basnet was returned at the request of the UN from a peacekeeping mission in late 2009, the army took him into its custody. In July a military tribunal, established to probe the circumstances of Basnet's return from Chad, concluded he was "innocent."

The Unified Communist Party of Nepal (Maoist) (UCPN-M) leadership has likewise failed to cooperate with criminal investigations into alleged crimes committed by Maoists during and after the conflict.

Although the Comprehensive Peace Agreement does not provide a broad amnesty for serious crimes, the government continues to discuss the withdrawal of cases deemed "political," including cases of murder. In January the Supreme Court upheld the conviction of Maoist Constituent Assembly member Balkrishna Dhungel for the 1998 murder of Ujjwal Kumar Shrestha. However, police have failed to arrest him, and Maoists claim the case is against the Comprehensive Peace Agreement and interim constitution.

In September police and the NHRC exhumed the bodies of four people in Dhanusha district. The four are believed to be among five students that security forces allegedly disappeared and killed in 2003. So far, the police have failed to question officials and claim they are waiting for DNA results to pursue further investigations.

The draft bills to establish a Truth and Reconciliation Commission and a Disappearances Commission have been tabled in parliament but await debate by the Statute Committee. While the bills are a step towards ensuring justice for war victims, several provisions remain that are inconsistent with international law.

Integration of Maoist Combatants

For more than four years, 19,602 Maoist former combatants have been held in UN-monitored cantonment sites. In January 2010 the process began of discharging 4,008 of them, who were disqualified as children (2,973 of them) and as late recruits. A UN monitoring mechanism was formed to scrutinize UCPN-M compliance with its commitment to a 2009 action plan with the government and the UN representatives, including a provision on the non-recruitment of children. A special committee established in mid-2009 to address the integration of Maoist combatants into the security forces was unable to function for several months due to the continuous absence of UCPN-M from meetings.

Dalits

Dalits ("untouchables") suffer from discrimination in economic, social, and cultural spheres. In September 2009 Nepal announced its support for the UN-agreed-upon guidelines on the elimination of caste discrimination. However, Nepal has yet to implement recommendations made in 2004 by the Committee on the Elimination of Racial Discrimination, including adopting relevant statutory law to enable the National Dalit Commission-a state agency-to fulfill its mandate.

Sexual Orientation and Gender Identity

The Nepal government has made significant strides towards ensuring equality for lesbian, gay, bisexual, and transgender people in recent years. The government has promised that the 2011 national census will allow citizens to identify themselves as male, female, or transgender.

Yet progress remains tenuous. According to local NGOs, there are 280 discriminatory legal provisions affecting the LGBT community. In September sexual minorities alleged that the Home Minister refused to issue citizenship cards to transgender people, contravening a Supreme Court directive three years ago. In response, dozens of LGBT individuals staged protests in the capital. Police detained some protesters without charge for several hours.

Women's Rights

While women have constitutional guarantees and a strong representation in the Constituent Assembly, women and girls continue to face widespread discrimination. Violence and exploitation, including trafficking, domestic violence, dowry-related violence, rape, and sexual violence remain serious problems. Sexual violence cases are often settled in private, and even when complaints are filed, police rarely carry out effective investigations.

Female members of the Constituent Assembly have formed a caucus to pressure committees to discuss women's concerns. Some of the members' demands include for women's perspectives to be included on the issues of citizenship and property, and for the government to reserve positions for women in administration and the judiciary, and to provide dedicated public services for sexual and reproductive health.

Many women migrate to the Middle East as workers through recruitment agencies; once they arrive in these countries, they are often vulnerable to abuse and have very few legal protections.

Terai

Tensions persist over the rights of the different ethnic groups, including Madheshi communities near the Indian border in the Terai, who want greater autonomy and proportionate representation in government jobs. Public security remains a major concern in many districts of the Terai. The UN secretary-general, in his periodic report to the UN Security Council expressed concern that the extortion of officials, teachers, and business people by armed groups and ethnic organizations is on the rise despite increased police patrols.

According to human rights groups, the government's special security policy, which aims to address the deteriorating security situation, has led to increased human rights violations. For instance, OHCHR documented 57 cases of deaths as a result of the unlawful use of lethal force by security forces between January 2008 and June 2010. In several Terai districts, armed groups have recruited children as messengers for extortion notes and ransom collection, and for enforcing bandhs (strikes) called by the armed groups.

Tibetan Refugees

The current administration continued to endorse the "One China Policy" and Tibetan refugees faced increased harassment by Nepali authorities in efforts to appease China. Several instances of arrests, criminalization of entry, detention, refoulement, and attempted refoulement of Tibetan refugees were reportedin 2010. In June Nepali authorities forcefully deported three Tibetan new arrivals from Humla district. Two of them are believed to be in detention in China. In October police in Kathmandu confiscated ballot boxes during annual elections held by Tibetan refugees to nominate candidates for the government in exile. The Home Minister reportedly issued a statement saying the polling "violated Nepal's foreign policy and existing laws of the host country."

Key International Actors

Nepal is dependent on aid and relies heavily on its traditional donors, such as Japan, the United States, the United Kingdom, India, and the European Union. It has to maintain a balance in its relations with its two powerful neighbors, India and China. In an effort to correct their heavy dependency on India, Nepali political parties-particularly the Maoist-led government-have attempted to strengthen ties with China. In December 2009 China provided military aid of about US$3 million, including training for the Nepal Army.

In December 2009 the US president signed into law the 2010 Consolidated Appropriations Act, which includes a prohibition on assistance to the Nepal army unless, among other things, it fully cooperates with investigations and prosecutions by civilian judicial authorities of violations of internationally recognized human rights.

India played a positive role in bringing about the comprehensive peace agreement between political parties to end the Maoist conflict. But since then, India stands accused of meddling in the selection of a consensus prime minister, adding to the political instability.

The UK continues to provide military assistance to Nepal. In October Nepal's army chief, Gen. Chhatraman Gurung, visited the UK to boost military ties.

The UCPN-M remains on the US list of banned terrorist organizations. In June, the US embassy in Kathmandu denied a visa to Agni Sapkota, a senior Maoist member, for his alleged involvement in the extrajudicial killing of Arjun Bahhadur Lama during the Maoist insurgency.

Nepal continues to be a key troop-contributing country to UN peacekeeping missions.

In June the government renewed OHCHR's mandate for a year but demanded a phased closure of all offices outside Kathmandu, thus weakening human rights monitoring in the field.

The mandate of the UN Mission in Nepal is ending in January 2011. UN Under Secretary-General for Political Affairs B. Lynn Pascoe visited Nepal in October to discuss the peace process with the prime minister.

http://www.hrw.org/en/world-report-2011/nepal

Tuesday, December 21, 2010

Ending the culture of impunity in Nepal

Those responsible for institutionalised extrajudicial killings and disappearances have yet to be brought to justice

- Jagannath Lamichhane
- guardian.co.uk, Tuesday 21 December 2010 14.00 GMT
- Article history

It is more than 25 years since Saket Mishra, a democratic fighter of Nepal, was arrested and disappeared at the hands of the panchayat government, along with four of his friends. His mother, now 75, is still waiting for her son to come back. In the course of those 25 years, there has been a sea of political changes in Nepal, but the misery in the general population has been manifold, so people like Mishra and their families have largely been forgotten.

King Mahendra imposed the "partyless" panchayat system in 1960 and dissidents began to be kidnapped or disappear at the hands of both state and non-state actors.

Maoists institutionalised the culture of extrajudicial killings and disappearances by non-state actors during their 10-year insurgency(1996-2006). According to the International Committee of the Red Cross,more than 1,300 people are still missing as a result of that conflict.

The ICRC has published a list of their names and circulated it widely. A study by the international body found that the overriding need among families of those arrested or disappeared is to be told officially what happened to their missing relatives.

The ICRC is submitting detailed cases to the former parties to the conflict, along with any information that could facilitate their investigations. It is working with forensic and legal experts and institutions such as the National Human Rights Commission "to build up the country's capacity to perform exhumations and to clarify the fate and whereabouts of missing persons".

Another problem is that, despite the disappeared receiving public attention, sympathy and international support, the state has so far failed to take a single action that would bring the culprits of disappearance to justice. This culture of impunity has raised many questions.

The recent report, Indifference to Duty, published by Human Rights Watch and the Advocacy Forum, points out:

"A central driver of impunity is failure on the part of the police to rigorously investigate cases, and in many instances, to investigate at all. Police routinely refuse to accept complaints from relatives of victims and to register first information reports (FIRs, the initial complaints to police which formally initiate investigations ); even when FIRs are registered, police and prosecutors routinely procrastinate in carrying out investigations, even in the face of orders and legal rulings by the supreme court.

"Such failures are due at least in part to the continued sway of the army and Maoist forces, and to police knowledge that the Nepal army (NA) and political party officials, including Maoist officials, are unlikely to co-operate with investigations."

Crime and impunity are deeply politicised in Nepal. Many persecutors against whom there is strong evidence of involvement in serious crimes continue to serve in political party and security forces; some have even been promoted and honoured by the government. The well-known case of 15-year-old Maina Sunuwar is one example. She died while in custody of the Nepalese army and an officer was implicated in her murder – yet he continues to serve.

For victims of the disappeared, justice is still denied. The government argues that justice will be delivered by the yet-to-be establishedDisappearances Commission and Truth and Reconciliation Commission. While the 2006 comprehensive peace agreement commits to establish these commissions, there is no progress; bills to establish them are still pending in parliament.

So as not to fail the peace process in Nepal, there is an urgent need to implement the recommendations put forward by Human Rights Watch. Its report emphasises "the need for political leaders – with support of the United Nations, donors and influential countries – to develop a coherent and sustainable plan to strengthen the rule of law and the criminal justice system to end impunity. Ensuring that abusive officers and soldiers are prosecuted and removed from the ranks of the army and Maoists is crucial".

On 25 January next year, Nepal will come under scrutiny for the first time under the UN human rights council's universal periodic review system. If the government still fails to make progress in addressing impunity in Nepal, some major cases of political and security involvement should be referred to the international criminal court.

To the family members of the disappeared who are endlessly waiting for their loved ones, like the mother of Saket Mishra, justice must be ensured.

http://www.guardian.co.uk/commentisfree/2010/dec/21/nepal-justice-disappeared

Thursday, December 16, 2010

Nepal: Justice Denied for Crimes During Decade of Conflict

DECEMBER 14, 2010

DOWNLOADABLE RESOURCES:

"Nepal: Justice Denied for Crimes During Decade of Conflict," Nepali Translation

Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders. If past abusers aren't held to account, this sends a clear signal to current perpetrators that they too will be immune from prosecution.

Elaine Pearson, deputy Asia director at Human Rights Watch

(Kathmandu) - Nepal's government has failed to act on thousands of extrajudicial killings, torture, and enforced disappearances during the decade-long armed conflict with Maoists that ended in 2006, Human Rights Watch and Advocacy Forum said in a joint report released today. This lack of accountability is contributing to a breakdown of law and order in many parts of the country, Human Rights Watch and Advocacy Forum said.

The 41-page report, "Indifference to Duty: Impunity for Crimes Committed in Nepal," renews calls for the government to investigate and prosecute those responsible for crimes committed during the conflict, and documents three emblematic cases since the conflict ended to show how the same neglect of justice applies to new crimes. A lack of political will and consensus, prevailing political instability, and a lack of progress in the peace process have resulted in the government's failure to deliver on its promises in the 2006 peace agreement to prosecute these crimes, Human Rights Watch and Advocacy Forum said.

"Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders," said Elaine Pearson, deputy Asia director at Human Rights Watch. "If past abusers aren't held to account, this sends a clear signal to current perpetrators that they too will be immune from prosecution."

This report is a follow-up to two previous reports, "Waiting for Justice: Unpunished Crimes from Nepal's Armed Conflict," published in 2008, and "Still Waiting for Justice: No End to Impunity in Nepal," in 2009. It provides an update on 62 cases of killings, disappearances, and torture between 2002 and 2006 that had been documented by Human Rights Watch and Advocacy Forum. Most of the abuses were carried out by security forces, but a few cases involve Maoist rebels. The families of those killed and disappeared have filed detailed complaints with the police seeking criminal investigations, but so far the Nepali justice system has failed miserably to respond to those complaints, Human Rights Watch and Advocacy Forum said.

One year since the last update on these cases, not a single perpetrator has been brought to justice for grave human rights violations before a civilian court, Human Rights Watch and Advocacy Forum said. In 13 of 62 cases, the police still refuse to register the criminal complaints, sometimes in defiance of court orders. In cases where complaints have been registered, there is little sign of any serious attempts to investigate. Political parties put pressure on police not to investigate, police and prosecutors obstruct and delay justice, and institutions long opposed to accountability - most notably the Nepal Army - have dug in their heels and steadfastly refused to cooperate with police investigations.

What little progress has been made in those cases has been uneven and resulted from sustained pressure by local and international groups. In most cases, police have not yet even questioned suspects, instead pursuing "investigations" by sending letters requesting information to the Nepal Army or police. In several cases, the Supreme Court has ordered relevant authorities to investigate cases, but these orders have largely been ignored.

In some cases in which there has been political pressure or considerable public outcry, the authorities set up investigation committees to defuse the situation. The outcomes of these investigations are invariably flawed, and the authorities fail to act on any meaningful recommendations.

"Families of victims face obstructions at every turn in their fight for justice," said Mandira Sharma, executive director of Advocacy Forum. "The Nepal government's failure to respond means the promised benefits of peace continue to evade those who have suffered the most."

There has been some international pressure for justice for crimes committed during Nepal's conflict, but it has been limited. Australia and the US denied visas to a Maoist leader implicated in abuses. In one well-known case, the killing of 15-year-old Maina Sunuwar in army custody, Maj. Niranjan Basnet, who has been implicated in her murder, was sent home from peacekeeping duties in Chad at the request of the UN. Although police charged Major Basnet with her murder, they did not arrest him on his return. Instead, superficial military proceedings cleared him, ignoring evidence pending in a civilian court. Other persons against whom there is strong evidence of involvement in serious crimes continue to serve in the army; some have even been promoted.

Advocacy Forum has helped dozens of families file new cases since Waiting for Justice was released in October 2008. Of a further 30 criminal complaints involving 51 victims - most from the period of the conflict but several more recent ones as well - only 10 have been successfully registered. On December 10, 2009, Human Rights Day, families of victims and lawyers tried to file 28 complaints with police authorities in 12 districts. The police refused to register any of them, stating that they first had to consult with "higher authorities."

"Some countries have even denied visas to those accused of human rights violations, and the UN returned a major implicated in a killing, yet still the government fails to hold them accountable," Sharma said. "The government needs to restore faith in institutions like the police, who still refuse even to register criminal complaints, much less investigate them."

Given Nepal's ongoing failure to address past and ongoing abuses, the government should develop a comprehensive action plan, Human Rights Watch and Advocacy Forum said. The plan should include the immediate establishment of effective transitional justice mechanisms to deal with past crimes and a comprehensive reform of national laws and institutions to improve the government's response to crimes, both past and future.

In January 2011, Nepal will face the first review of its rights record as part of the Universal Periodic Review process at the Human Rights Council in Geneva. These discussions, as well as discussions in the UN Security Council in mid-January on the termination of the United Nations Mission in Nepal (UNMIN), should lay out steps to address impunity in Nepal, Human Rights Watch and Advocacy Forum said.

In the meantime, Nepal's major donors and neighboring countries should deny visas to persons against whom there is credible evidence of having committed serious crimes, Human Rights Watch and Advocacy Forum said. The UN Department of Peacekeeping Operations should also develop better vetting procedures to ensure that persons accused of grave human rights violations do not end up on peacekeeping missions.

"Nepal should seize the chance of the Universal Periodic Review to clean its record on impunity by executing a clear action plan," Pearson said. "With the UN's Nepal mission packing up soon, security will be at risk if the state continues to deny justice to victims of abuses."

http://www.hrw.org/en/news/2010/12/14/nepal-justice-denied-crimes-during-decade-conflict

Thousands of war crimes unpunished in Nepal: HRW

By Claire Cozens (AFP) – 1 day ago

KATHMANDU — Nepal's failure to prosecute thousands of wartime killings and other atrocities is contributing to a breakdown of law and order in parts of the country, Human Rights Watch said.

In a new report, the New York-based rights group on Wednesday urged Nepal's government to fulfil a commitment made in the 2006 peace agreement to bring those responsible for killings, torture and forced disappearances to justice.

More than 16,000 people died in the 10-year conflict between Maoist rebels and the state, which ended in 2006, and thousands more are still missing.

But no perpetrator of wartime atrocities has yet been successfully prosecuted by a civilian court, and HRW said the lack of accountability was creating a culture of impunity for rights abuses in Nepal.

"Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders," said deputy Asia director Elaine Pearson.

"If past abusers aren't held to account, this sends a clear signal to current perpetrators that they too will be immune from prosecution."

The report, "Indifference to Duty: Impunity for Crimes Committed in Nepal", was compiled with Nepalese rights group Advocacy Forum and documents 62 cases of killings, disappearances, and torture carried out between 2002 and 2006.

Most were committed by state security forces, but some were blamed on the Maoist People's Liberation Army, and the report said both forces were using their power to impede investigations.

"Police officers fail to seek court sanctions in part because they know the Nepal army and Maoists will not cooperate with investigations," it said.

One such case involved army major Niranjan Basnet, who was implicated in the murder of a 15-year-old girl tortured to death in army custody during the conflict.

Last year Basnet was sent home from peacekeeping duties in Chad at the request of the United Nations, but he remains free despite a district court issuing a warrant for his arrest on a murder charge.

In 2007 the Supreme Court ruled that he could be tried in a civilian court, but the army still refuses to hand him over to police, saying he has been cleared of any wrongdoing by a military tribunal.

"The Nepal army is not formally challenging this supreme court decision, but it is undermining the rule of law by not cooperating with the Kavre district court," the report said.

"The case remains stalled, and both police and the public prosecutor?s office, in the absence of political support, appear powerless to force the Nepal army to cooperate."

Advocacy Forum, which helps victims of rights abuses and their families to seek justice, said a lack of political will and prevailing political instability were to blame.

"Families of victims face obstructions at every turn in their fight for justice," said executive director Mandira Sharma.

"The Nepal government?s failure to respond means the promised benefits of peace continue to evade those who have suffered the most."

http://www.google.com/hostednews/afp/article/ALeqM5i8hmQIczJ2NIWkW8RjJYGUT-CjyQ?docId=CNG.a6a63e1c21d8141da33e6d95ce511830.1f1

‘Impunity hobbling law, order situation’

POST REPORT

KATHMANDU, DEC 15 -
Rights groups have accused that the Nepal government’s failure to act on grave human rights violations during the armed conflict has contributed to a breakdown of law and order in the country.

“Nepal government has failed to act on thousands of extrajudicial killings, torture, and enforced disappearances during the decade-long armed conflict with Maoists that ended in 2006,” said Human Rights Watch, a New York-based rights group and a Nepali NGO, Advocacy Forum, in a new joint report released on Tuesday. “This lack of accountability is contributing to a breakdown of law and order in many parts of the country.”

The 41-page report, “Indifference to Duty: Impunity For Crimes Committed in Nepal” has also renewed calls for the government to investigate and prosecute those responsible for crimes committed during the conflict.

The report has identified lack of political will and consensus, political instability and a lack of progress in the peace process as major reasons for the government’s failure to make good its promises made in the 2006 peace agreement to prosecute these crimes.

“Inaction from the Nepal government enables people responsible for killings, torture, and disappearances to evade justice, sometimes in defiance of court orders,” said Elaine Pearson, deputy Asia director of Human Rights Watch. “If past abusers aren’t held to account, this sends a clear signal to current perpetrators that they, too, will be immune from prosecution.” The report provides an update on 62 cases of killings, disappearances, and torture between 2002 and 2006, most of them carried out by security forces. There are also a few cases involving the Maoists.

According to the report, one year since the last update on these cases, not a single perpetrator has been brought to justice for grave human rights violations in a civilian court.

“In 13 of the 62 cases, the police still refuse to register criminal complaints, sometimes in defiance of court orders”, the report said.

“In cases where complaints have been registered, there is little sign of serious attempts to investigate.”

The rights groups have blamed political parties and state security forces for the prevailing impunity.

“Political parties put pressure on police not to investigate, police and prosecutors obstruct and delay justice, and institutions long opposed to accountability—most notably the Nepal Army—have dug in their heels and steadfastly refused to cooperate with police investigations,” the report added.

The rights groups have jointly urged the government to develop a comprehensive action plan quickly to address the problem of impunity. Voicing urgency of such a plan, Mandira Sharma, executive director of AF said, “It is now time for political leaders to deliver; we already have piles of lip-service.”

Dismissing the accusations, the government said it is serious about providing justice to the victims. “The government is doing its best to deliver justice to the victims of the conflict,” said Sadhuram Sapkota, Joint Secretary at the Peace and Reconstruction Ministry. “However, key Bills like the Truth and Reconciliation Bill and a Bill related to forced disappearances are stuck in Parliament. In absence of these Bills, the government cannot move forward.”

“With the UN’s Nepal mission packing up soon, security will be at risk if the state continues to deny justice to victims of abuses,” Pearson said.

Posted on: 2010-12-16 08:52

http://www.ekantipur.com/the-kathmandu-post/2010/12/15/nation/impunity-hobbling-law-order-situation/216077/

Nepal dealing with the past