Dear Ms. Arbour,
Re: Nepal – without a Parliament and laws on torture and forced disappearance, the Office of the OHCHR in Nepal cannot fulfil its work for human rights
On the occasion of the December 10, 2005 International Human Rights Day, the Asian Human Rights Commission (AHRC) wishes to highlight the continuing flagrant abuses being perpetrated in Nepal and request your intervention regarding specific issues.
AHRC welcomes the establishment of the Office of the High Commissioner for Human Rights in Nepal and commends you for your commitment and efforts in brining about this much-needed development. AHRC was involved in efforts to lobby for the establishment of this office and notes with satisfaction that it is now functioning and well staffed.
The reported agreement between the CPN-Maoist insurgents and an alliance of seven opposition political parties presents new opportunities for the resolution of the country’s internal conflict through a democratic process. AHRC appreciates the intervention of the High Commissioner in a press release issued on December 1st, 2005, urging the Maoists to extend their unilateral ceasefire (which they have now reportedly done) and respect human rights, and for the Government of King Gyanendra and the security forces to also call a ceasefire and respect the rights to the freedoms of expression and peaceful assembly.
However, the situation in Nepal continues to be of grave concern, with ongoing widespread and systematic abuses – including arbitrary arrest, illegal and/or incommunicado detention, torture, suspicious custodial deaths, forced disappearances and extra-judicial killings – being perpetrated on a daily basis. Impunity remains total for these acts. The perpetrators a free to continue violating and victims receive nothing but threats of further abuse if they risk complaining.
Currently, the Royal Nepalese Army is acting without civilian control or oversight, even ignoring habeas corpus orders from the Supreme Court of Nepal, and sheltering behind opaque military courts. The police collude with the military to ensure impunity. The OHCHR is fully aware of the scale of human rights violations in the country.
AHRC wishes to bring to your attention the fact that all efforts being made by local and international NGOs and institutions, including the office of the OHCHR, concerning the gravest violations human rights, are currently essentially rendered ineffectual due to the fact that there is no functioning Parliament.
AHRC’s experience leads us to believe that for any concrete steps to be taken in terms of preventing abuses (notably torture and forced disappearances), of prosecuting perpetrators and of providing reparation to victims, these practices must be criminalised under domestic legislation. This need has been noted and action urged by both the Committee Against Torture (in its November 2005 session) and the Working Group on Enforced or Involuntary Disappearances (in a report published in January 2005). However, without a Parliament, Nepal has no legal constitutional body that can enact legislation. The authorities in Nepal need to be strongly urged to hold free and fair, fully-participatory, multi-party elections to enable the reinstatement of the legislature.
Torture and forced disappearance will continue unabated unless criminalized, with backing from a judiciary that is able to effectively prosecute violations of the law. With no such laws, the role of the office of the OHCHR is reduced to simply documenting the large number of ongoing cases of torture and disappearances – a situation that is of no succour to victims and no concrete help in protecting human rights in practice. Without these tools, the judiciary is also toothless as regards its ability to independently uphold Nepal’s international human rights obligations. AHRC fully supports the OHCHR office in Nepal, and faces similar obstacles in its own actions in the country, but wishes to see improvements to the impact of all actions in favour of human rights in Nepal.
In view of this, AHRC kindly requests your most resolute intervention with the authorities in Nepal, in order to ensure that:
” free and fair, fully-participatory, multi-party elections are held, so that Parliament can resume its functions;
” laws criminalizing torture and forced disappearance are thereafter enacted without impediment;
” the armed forces and police are ordered to immediately and without exception comply with all court orders, including those pertaining to habeas corpus writs;
” an independent and competent body is established to investigate all allegations of human rights violations;
” all recommendations made by UN treaty bodies and special procedures are implemented without fail or delay.
King Gyanendra of Nepal should also be urged to make a clear, unequivocal public statement condemning the practices of torture and forced disappearances, as this will serve to deter future violations. Thank you for the kind consideration that you will give these matters.
Yours sincerely,
Basil Fernando
Executive Director
Link to the Nepal report: http://www.ahrchk.net/hrday2005/pdf/HRDay-Nepal.pdf
Link to AHRC’s 2005 International Human Rights Day page: http://www.ahrchk.net/hrday2005/
Link to AHRC’s Human Rights Day Message: http://www.ahrchk.net/hrday2005/05message.htm
