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 OHCHR. Show all posts
Showing posts with label OHCHR. Show all posts
Wednesday, April 20, 2011
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
Friday, January 14, 2011
PM pledges to execute NHRC recommendations
Added At: 2011-01-14 11:44 PM
Last Updated At: 2011-01-14 11:44 PM
HIMALAYAN NEWS SERVICE
KATHMANDU: Prime Minister Madhav Kumar Nepal today expressed the government’s commitment to act on recommendations of the National Human Rights Commission and take action against human rights violators.
“We have been seriously studying the recommendations,” Nepal said addressing a programme jointly organised by NHRC and Human Rights Protection Forum on the role of stakeholders in curbing the state of impunity.
The Prime Minister also said that the government would punish officials if found encouraging perpetrators of human rights. He informed that the government has introduced the Truth and Reconciliation Commission bill in the Parliament and once it becomes law, it would help punish culprits.
Stating that government efforts to address people’s rights would be insufficient in the transitional phase, Nepal emphasised on the need for a joint effort from rights institutions to assure the commoners a dignified life. The Prime Minister appreciated Office of the High Commissioner for Human Rights’ efforts in the area of rights protection and highlighted the need to strengthen NHRC.
NHRC Chairman Kedar Nath Upadhayaya expressed dissatisfaction over the government’s failure to implement NHRC recommendations and provide justice to the victims.
“People will continue to take the law into their hands as long as the government fails to bring the perpetrators to justice. The state itself might fail if culprits go unpunished,” he opined. Upadhayaya also urged the government to act on NHRC recommendations. He said that the constitutional provision giving discretionary power to the Attorney General to implement NHRC recommendations needed to be repealed. OHCHR-Nepal chief Jyoti Sanghera also suggested to the government to act on NHRC recommendations and punish perpetrators of human rights. Sanghera said NHRC should be given independence as per the Paris Principle.
“We have been seriously studying the recommendations,” Nepal said addressing a programme jointly organised by NHRC and Human Rights Protection Forum on the role of stakeholders in curbing the state of impunity.
The Prime Minister also said that the government would punish officials if found encouraging perpetrators of human rights. He informed that the government has introduced the Truth and Reconciliation Commission bill in the Parliament and once it becomes law, it would help punish culprits.
Stating that government efforts to address people’s rights would be insufficient in the transitional phase, Nepal emphasised on the need for a joint effort from rights institutions to assure the commoners a dignified life. The Prime Minister appreciated Office of the High Commissioner for Human Rights’ efforts in the area of rights protection and highlighted the need to strengthen NHRC.
NHRC Chairman Kedar Nath Upadhayaya expressed dissatisfaction over the government’s failure to implement NHRC recommendations and provide justice to the victims.
“People will continue to take the law into their hands as long as the government fails to bring the perpetrators to justice. The state itself might fail if culprits go unpunished,” he opined. Upadhayaya also urged the government to act on NHRC recommendations. He said that the constitutional provision giving discretionary power to the Attorney General to implement NHRC recommendations needed to be repealed. OHCHR-Nepal chief Jyoti Sanghera also suggested to the government to act on NHRC recommendations and punish perpetrators of human rights. Sanghera said NHRC should be given independence as per the Paris Principle.
Saturday, December 18, 2010
Call for witness protection mechanism
Added At: 2010-12-18 12:10 AM
Last Updated At: 2010-12-18 12:10 AM
HIMALAYAN NEWS SERVICE
KATHMANDU: The office of the UN High Commissioner for Human Rights (OHCHR) in Nepal today called on the government to promptly establish an effective mechanism to ensure protection for all victims of and witnesses to rights violations and abuses.
OHCHR-Nepal issued this call after a consultation with South Asian countries including Nepal.
The government has already committed to safeguarding the rights of victims and witnesses, including their protection, through the ratification of a number of international human rights treaties including the International Covenant on Civil and Political Rights.
Addressing a programme, officer-in-charge of OHCHR-Nepal Andrew Palmer welcomed the steps taken by the government on the formation of Truth and Reconciliation Commission and Commission on Inquiry of Disappearance.
“However, the rights to justice and reparation have not been properly emphasised and these measures have yet to address issues related to the protection of witness and victims, measures essential for these commissions to undertake their tasks in the best interests of conflict victims and witnesses,” Palmer further said.
OHCHR-Nepal issued this call after a consultation with South Asian countries including Nepal.
The government has already committed to safeguarding the rights of victims and witnesses, including their protection, through the ratification of a number of international human rights treaties including the International Covenant on Civil and Political Rights.
Addressing a programme, officer-in-charge of OHCHR-Nepal Andrew Palmer welcomed the steps taken by the government on the formation of Truth and Reconciliation Commission and Commission on Inquiry of Disappearance.
“However, the rights to justice and reparation have not been properly emphasised and these measures have yet to address issues related to the protection of witness and victims, measures essential for these commissions to undertake their tasks in the best interests of conflict victims and witnesses,” Palmer further said.
http://thehimalayantimes.com/fullTodays.php?headline=Call+for+witness+protection+mechanism&NewsID=269839
Witness protection a must: OHCHR
POST REPORT
KATHMANDU, DEC 18 -
In the wake of a South Asian regional seminar and national consultation on witness and victim protection, the Office of the United Nations High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has called on the government to establish an effective mechanism to ensure protection of all victims and witnesses of human rights violations and abuse.
According to an OHCHR statement, a major obstacle that prevents cases of human rights violation from being successfully prosecuted in courts is the absence of an effective witness protection mechanism. “The government has already committed to safeguarding the rights of victims and witnesses, including their protection, through the ratification of a number of international human rights treaties including the International Covenant on Civil and Political Rights,” read the statement. “In the light of the future establishment of the transitional justice mechanisms, it is now time for Nepal to adopt specific measures to make such protection a practical reality.”
OHCHR also welcomed the steps taken by the government regarding the formation of the Truth and Reconciliation Commission and the Commission on Inquiry of Disappearance. “Howe-ver, right to justice and reparation has not been properly emphasised and these measures have yet to address issues related to the protection of witnesses and victims,” read the release.
The seminar, hosted by OHCHR-Nepal, attempted to identify the current challenges, gaps and responsibilities of different actors and stakeholders in establishing a witness and victim protection mechanism.
Posted on: 2010-12-19 08:52
In the wake of a South Asian regional seminar and national consultation on witness and victim protection, the Office of the United Nations High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has called on the government to establish an effective mechanism to ensure protection of all victims and witnesses of human rights violations and abuse.
According to an OHCHR statement, a major obstacle that prevents cases of human rights violation from being successfully prosecuted in courts is the absence of an effective witness protection mechanism. “The government has already committed to safeguarding the rights of victims and witnesses, including their protection, through the ratification of a number of international human rights treaties including the International Covenant on Civil and Political Rights,” read the statement. “In the light of the future establishment of the transitional justice mechanisms, it is now time for Nepal to adopt specific measures to make such protection a practical reality.”
OHCHR also welcomed the steps taken by the government regarding the formation of the Truth and Reconciliation Commission and the Commission on Inquiry of Disappearance. “Howe-ver, right to justice and reparation has not been properly emphasised and these measures have yet to address issues related to the protection of witnesses and victims,” read the release.
The seminar, hosted by OHCHR-Nepal, attempted to identify the current challenges, gaps and responsibilities of different actors and stakeholders in establishing a witness and victim protection mechanism.
Posted on: 2010-12-19 08:52
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