The Asian Human Rights Commission (AHRC) condemns the additional and disproportionate restrictions imposed upon the people in Nepal by the newly enforced curfew and the total ban on peaceful demonstrations which has come into operation on January 17, 2006. The curfew is reportedly being enforced from 11pm to 4 am each night. The security forces are allowed to shoot to kill under this curfew. The ban on demonstrations is reported as being indefinite. It is likely that these measures come as a knee-jerk reaction to the recent advances made by the Maoist insurgent forces closer to the capital, Kathmandu, as well as the large number of legitimate, peaceful demonstrations being held in the country in response to the series of clampdowns on fundamental freedoms.
Nepal currently faces serious human rights problems, including the killing, torture and forced disappearance of thousands of persons by the armed forces in the country. None of these serious violations have been investigated, and the perpetrators continue to enjoy absolute impunity in Nepal. These latest developments can only make the situation worse.
Since the royal takeover in early 2005, the situation in Nepal has deteriorated to such levels that ordinary life is no longer possible for its citizens. This has lead to a massive exodus of Nepalese persons to neighboring countries and beyond.
Those who have protested against the atrocities committed by the armed forces have been threatened, beaten, arrested and even killed. Domestic institutions, including the courts and the National Human Rights Commission are also not immune to such intimidation and attacks.
In the recent past, the AHRC has issued number of urgent appeals calling for intervention when people have been arbitrarily and illegally arrested, detained incommunicado, tortured, involuntarily disappeared, extrajudicially executed, or rearrested by the armed forces when they were released by the courts. Even staff-members of the National Human Rights Commission who assisted victims have been under pressure and threat, including even being surrounded and intimidated by the armed forces.
The continuous and successful attempts by the Government of Nepal to bring in various draconian laws under ordinances limiting the freedom of the people, civil society and the media has resulted in a complete clampdown on fundamental freedoms.
The international community has failed to address the suffering of the people in Nepal, other than in the immediate aftermath of the royal take over. Although the United Nations Office of the High Commissioner on Human Rights has now established an office in Nepal, its presence is yet to be felt for the ordinary citizen in the difficulties, insecurities and significant risks of every-day life in the current context.
The royal coup in February 2005 is an outright violation of the Constitution of Nepal and makes the current government illegitimate. The pretext for this, namely counter-insurgency activities, cannot justify the actions taken, including the most recent curfew and ban on peaceful demonstrations. These latest measures are disproportionate and risk leading to further human rights violations. Along with the risk of arbitrary executions of persons during the curfew, there is a risk that persons will be detained for lengthy periods. Detention in Nepal presents a grave risk of being subjected to the systematic torture practiced in the country, as well as to forced disappearance or extrajudicial execution. These measures must be immediately repealed, or else further grave abuses will certainly be perpetrated.
Separately, the illegitimate government of Nepal is attempting to dupe the international community by declaring municipal elections, which the major political parties (that received more than 95% of the support in previous elections) have planned to stage protests against, as the present situation that prevails in the country cannot ensure free and fair elections. More than this, it is believed that the municipal elections will see the voting in of the King’s cronies and will be used by him to claim that Nepal is pursuing the democratic path, in line with repeated requests made by various local and international actors.
The international community must immediately intervene to call for these latest measures to be withdrawn and for free and fair elections at all levels to be held as a matter of urgency in Nepal.
