The authorities in Nepal have once again illustrated their complete disregard for human rights, by arresting over 130 activists taking part in peaceful demonstrations on International Human Rights Day, December 10th, 2005. Thankfully, all of the protestors, who were engaged in a peaceful march in favour of the restoration of peace and democracy, have now been released.
Official double-speak was exemplified by Niranjan Thapa, the Nepalese Minister for Law, Justice and Parliamentary Affairs, who allegedly stated that the royal government of Nepal was committed to upholding human rights principles in a statement made on the occasion of Human Rights Day. It remains unclear exactly who the government think they are convincing with such statements.
The police reportedly intervened when the demonstrators attempted to enter Ratna Park in Kathmandu city centre. Protestors chanting slogans denouncing the police intervention were targeted with water canons. The park is one of many areas that have seen the imposition of total restrictions on demonstrations by the authorities, as part of attempts to ban the groundswell of legitimate peaceful protests in the country, which have increased since the royal take-over on February 1, 2005. The crack-down on demonstrations is continuing and becoming more desperate, leading to fears of further abuses. The restrictions placed on a number of such public areas, in order to preclude demonstrations, are draconian and excessive measures and are unjustifiable violations of the right to the freedom of peaceful assembly. This right is enshrined in the Constitution of Nepal and international human rights standards.
The restrictions are not limited in time or area of imposition. Reports indicate that the authorities are imposing such bans on any place they feel may be a potential location for demonstrations. A petition has been lodged at the Supreme Court of Nepal challenging the legality of these restrictions and remains under consideration at this time. AHRC hopes that the court will have the independence and courage to rule that the measures are illegal and unconstitutional, and insists that the authorities respect any such decision, immediately removing the restrictions.
The police did not halt at the use of water canons; they arrested a number of high-profile rights activists from this group of protestors, including: Dr. Devendra Raj Panday, the coordinator of the Citizens Movement for Peace and Democracy; Bishnu Nisthuri, the president of the Federation of Nepalese Journalists (FNJ); Krishna Pahadi; and Malla K Sundar.
A further group of protestors reportedly joined the demonstration at the Ratna Park-Bhotahity corner and were also arrested and taken into police custody. More than 30 activists were detained at the ward police office at Singha Durbar, including: Charan Prasai, the president of the Human Rights Organisation of Nepal; Rameswor Upadhyay, the secretary general of the Nepal University Teachers Union; Navin Prakash Jung Shah, the former vice chancellor of Tribhuvan University; Taranath Dahal, the former president of the FNJ; and numerous activists affiliated to the Dalit Students Union. The detainees reportedly organized a function while in custody to mark International Human Rights Day.
Around 70 other activists were reportedly detained at the premises of the No. 2 battalion of the Armed Police Force in Maharajgunj, including: Dr. Arjun Karki, the president of NGO Federation of Nepal; Gauri Pradhan, the president of Human Rights Alliance Nepal; lawyer Mrs. Sapana Pradhan Malla and Subodh Raj Pyakurel, the chairman of Informal Sector Service Center (INSEC). The people of Nepal deserve recognition for their continuing restraint and perseverance in seeking peace, democracy and human rights through non-violent means.
It is quite clear from the actions of the authorities that they are no longer in control and that the State of Nepal is collapsing around them. The state actors that are meant to uphold the rule of law the police in this case are contributing to its collapse. Instead of forcibly attempting to silence the legitimate demands of the citizens of Nepal, who are weary of years of poverty, conflict and widespread human rights violations, the authorities must take immediate action to become credible at the national and international levels. Paltry statements about upholding rights and the continuing denial of the deep human rights crisis in the country help no-one.
The authorities must change course, not only by removing these unjustified restrictions on peaceful demonstrations, but by listening to the voice of the people of Nepal. Free, fair, all-inclusive, multi-party elections must be held as a priority, in order to allow progress towards a resolution of the conflict with the Maoist insurgent forces and enabling the re-establishment of Nepals Parliament. This will, in turn, allow the legislature to pass laws criminalizing torture and forced disappearance both of which are endemic and perpetuating factors in the current crisis. By establishing the rule of law, through the reinforcement of the judiciary as well as the establishment of control and disciplinary systems concerning the police and armed forces, the human rights crisis can be abated. Without these measures, claims such as those made by Minister Niranjan Thapa, will remain as insults to the intelligence of the world and to the thousands of victims of conflict and human rights violations in the country.
AHRC produced a series of ten country reports, including Nepal, on the occasion of International Human Rights Day, which can be found at: http://www.ahrchk.net/hrday/2005/
