On the first anniversary of the infamous royal coup in Nepal, the Asian Human Rights Commission (AHRC) notes with concern that the King continues to sacrifice the rights of the people of Nepal while claiming that during the past 12 months the country had been on the right track. On the contrary, the human rights situation in the country over the last year has been disastrous. The fundamental collapse of state institutions has led to a black hole of human rights in Nepal.
In a televised speech made today, February 1st, 2006, King Gyanendra made a series of claims that show a complete disconnect from the reality on the ground. In particular he stated that the municipal elections that were set to take place on February 8, 2006 would still go ahead and that they were going to be free and fair elections. Several election candidates have already resigned and most others have taken up residence in military camps for protection. These planned controversial elections have led to a series of large-scale demonstrations by political opposition parties and democracy activists over the last two weeks, with hundreds of persons having been arrested and many of them beaten or otherwise ill-treated in detention. The King imposed curfews and banned all demonstrations during this period. It is impossible for the upcoming elections to be conducted in a free or fair way under such circumstances. It is clear that the King is attempting to dupe the international community into thinking that he is committed to democracy by holding these sham elections, in which pro-monarchist candidates would be elected in a fraudulent manner.
On the first anniversary of the royal coup, over 200 persons have already been arrested, small gatherings of people have been forcefully dispersed and an all-day curfew has been imposed in many towns around the country. Many hundreds more protestors have been arrested since the latest round of demonstrations began in mid-January. This evidently contradicts the claims being made by the King.
Furthermore, the King reportedly stated in relation to the Maoist insurgents that “terrorist activities have narrowed down to just a few sporadic criminal activities.” The AHRC has received reports that on the previous day, January 31, 2006, over 20 security personnel were killed and some 200 were missing following a concerted series of attacks by the Maoists. The AHRC condemns all acts of violence by any of the parties to the conflict, but this shows the extent to which the Kings claims are unfounded.
The King launched the royal coup one year ago today under the pretext of being able to more effectively tackle the Maoist insurgency. One year on, however, the insurgents have gained strength. They have also had discussions with the alliance of seven opposition political parties, and have pledged to back the democratic process in order to end the conflict in the country. The Maoist insurgents also held a unilateral ceasefire in late 2005 and offered to have their forces placed under international supervision. If the King had been interested, in reality, in solving the conflict with the insurgents, he should have reciprocated this cease-fire and entered into talks. Instead, the cease-fire was allowed to run out and when the Maoist attacks resumed, the King used this as a pretext to crack down on the pro-democracy movement.
During the course of the year since February 1, 2005, state institutions, such as the judiciary, the National Human Rights Commission and others, have been infiltrated by pro-royalist, unqualified persons in order to undermine the functioning and independence of these bodies, greatly weakening them. Furthermore, the King has also appointed pro-royalist regional and zonal administrators, sidelining those persons best suited and qualified for the jobs, further exacerbating the collapse of the rule of law and institutions within the country.
Throughout the year, the human rights of the people of Nepal have been wantonly sacrificed. Torture remains systematic, forced disappearances remain at extremely high levels, mass arbitrary arrests continue in response to legitimate peaceful demonstrations, political leaders and human rights defenders are being targeted. The King has become isolated at both the national and international levels and is directly responsible for the many acts that constitute crimes against humanity being perpetrated in the country. By completely disregarding the reality of the situation the King is digging himself into a deeper hole.
For an end to the disastrous crisis in the country, free, fair multi-party all-inclusive elections need to be held, in order to restore the legislature and democracy in the country. Democratic civilian oversight of the military needs to be put in place. The perpetrators of human rights violations need to be brought to justice. This requires the acts of torture and forced disappearance to be criminalized under the law. The multitude of recommendations made by various international bodies, notably the United Nations, need to be implemented. This latter process can begin immediately. For example, the authorities should immediately set up a register of all persons being detained in Nepal, with the database made accessible to the public. The lack of such records is a causal factor in permitting the levels of torture and forced disappearance witnessed in the country.
The AHRC urges the King and security forces to immediately put an end to the cynical repression of the democratic movement in Nepal, to allow a real democratic process to take place and to abide by the wishes and demands of the people of Nepal. The empty rhetoric must end and credible positive action must be taken, in order to avoid the further collapse of the state and increased violations of the human rights of the Nepali people.
