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NEPAL: Restriction of movement of activists can prevent human rights monitoring

June 24, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEAL PROGRAMME

24 June 2005
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UA-106-2005: NEPAL: Restriction of movement of activists can prevent human rights monitoring

NEPAL: Freedom of movement; Repression of activists; Democracy
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the restriction of human rights defenders and political atavists in Nepal.

Freedom of movement, an inherent right, has been denied to many human rights and political activists. Though the Government of Nepal continues to reiterate its commitment to human rights and denies any kind of restrictions on human rights defenders in their works, state security agencies have repeatedly prevented human rights defenders from going outside of Kathmandu valley. This effectively prevents the proper monitoring of human rights and ensures that both persons in Nepal as well as those outside, are kept unaware of the true picture of human rights abuse in the country at present.

This is not the first time the AHRC has reported on the restriction of movement for human rights defenders in Nepal. To see our previous cases, please refer to: FA-08-2005, AS-23-2005 and UG-02-2005.

In light of this, we ask that you please write to the UN Chief of Mission in Nepal urging him to take immediate and genuine steps to avert such restrictions.  

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Freedom of movement, an inherent right, has been denied to many since King Gyanendra's coup. Security forces have resorted to regularly restricting the movement of prominent human rights defenders, political activists and drafters of the present Constitution. Even though the state of emergency was lifted on 29 April 2005, the restriction of movement of such people continues unabated. A confirmed 40 persons have been restricted from leaving Kathmandu valley, after the lifting of the state of emergency. In most cases, security personnel stop people at airports or checkpoints, stating that they do not have orders to allow them to continue their journey. This suggests that they security forces are operating on the basis of unofficial lists of names to be targeted.

This conduct effectively prevents the proper monitoring of human rights and ensures that both persons in Nepal as well as those outside are kept unaware of ongoing human rights abuse in the country. Although on 7 April 2005 the Supreme Court issued a notice not to bar persons from going abroad or anywhere within the country, security forces repeatedly violate the order and restrict the movements of human rights defenders. Such behavior is an attempt to weaken the judiciary, along with sabotaging effective human rights monitoring.

Furthermore, the security forces' actions directly violate the resolution adopted by the United Nations Commission on Human Rights, which calls on the authorities within Nepal "to immediately reinstate all civil and political rights; to cease all state emergency- related and other arbitrary arrests; to lift the far-reaching censorship; to restore freedom of opinion and expression as well as the freedom of association; to immediately release all detained political leaders and activists, human rights defenders, journalists and others; to allow all citizens to enter and exit the country freely and to respect all national and international obligations as well as the twenty five points of the commitment of 26 March 2004, as freely undertaken by Nepal".

You can see the names of persons whose movements have been restricted at http://www.ahrchk.net/ua/pdf/UA-106-2005-table.doc

A further set of names is provided, below, of those whom the security forces have allegedly put on their list to prevent the movement.

List of Persons of Civil Society/Rights Organizations to be restricted on leaving Kathmandu Valley (based on lists made by security agencies published in newspaper)

1. Padma Ratna Tuladha
2. Krishna Pahadi
3. Gopal Shiwakoti "Chintanz"
4. Dr. Mathura Prasad Shrestha
5. Subodh Raj Pyakurel
6. Gauri Pradhan
7. Dro. Gopal Krishna Shiwakoti
8. Daman Nath Dhungana
9. Dr. Arjun Karki
10. Nilambar Acharya
11. Shyam Shrestha
12. Laxman Prasad Aryal
13. Sindhu Nath Pyakurel
14. Sushil Pyakurel
15. Prof. Kapil Shrestha
16. Prof. Krishna Khanal
17. Prof. Krishna Hachhethu
18. Dr. Om Gurung
19. Dr. Krishna Bhattachan


SUGGESTED ACTION:
Please write to the UN Chief of Mission in Nepal urging him to take immediate and genuine steps to avert such restrictions of movement.

Sample letter:

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Dear Mr Martin,

Re: NEPAL: Restriction of movement of activists can prevent human rights monitoring

I am deeply concerned by the restriction of movement of prominent human rights defenders, political activists and drafters of the Constitution in Nepal since the royal takeover on 1 February 2005.

According to information I have received, freedom of movement, one of the inherent rights of the people, has been denied to many, with security forces regularly restricting the movement of prominent activists and intellectuals. Even though the state of emergency was lifted on 29 April 2005, the restriction of movement of such people continues unabated. A confirmed 40 persons have been restricted from leaving Kathmandu valley, mostly after the lifting of the emergency.

Although the Supreme Court issued a notice on 7 April 2005 for security forces not to bar persons from going abroad or anywhere within the country, this notice has been repeatedly violated. Such behaviour is an attempt to weaken the judiciary, along with sabotaging effective human rights monitoring. Unless human rights defenders and other members of civil society are free to monitor human rights abuses, particularly in remote areas, and share this information both within and outside Nepal, the perpetrators of this abuse will not be held accountable. Such actions will also have a negative impact on Nepal's democracy.

In light of this, I urge you to use your authority to ensure that security forces respect and protect all fundamental rights of the people, and uphold the provisions contained in the UNHCR resolution 2005/78 (Advisory Services and Technical Cooperation in the Field of Human Rights).

Yours sincerely,


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PEASE SEND A LETTER TO:

Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu, Nepal.
Tel :(977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986
Email : registry-OHCHR@undp.org


PLEASE SEND COPIES TO:

1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: 977 14 413577/227577
Fax: 977 14 227395/ 411955

2. Major General Sharma Thappa
Attn: Officer of Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu
NEPAL
Telefax: + 977 14 245 020/226 292

3. Mahadeo Prasad Yadav
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np 

4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np 


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission
Document Type :
Urgent Appeal Case
Document ID :
UA-106-2005
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.