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Nepal: Massive disappearances / impunity

October 14, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

14 October 2004
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UA-139-2004: Nepal: Massive disappearances / impunity

Nepal: Massive disappearances in Nepal and absolute state of impunity and lack of action
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that in Nepal the situation is under extreme conditions where loss of life is the rule of the day. A large number of cases have been reported on disappearances. People - women, men and children are reported to be disappearing within the country, especially from the villages and places outside Katmandu, the capital city.

The National Human Rights Commission of Nepal has registered at least 1430 cases of which AHRC has the details of 925 individuals. AHRC has confirmed information that the Royal Nepal Army (RNA) and the Maoist activity are the only responsible factor for disappearance and of the reported cases most of them are allegedly involving the RNA. The 1430 cases registered at the National Human Rights Commission of Nepal do not indicate the actual figures since it is not even the tip of the iceberg. Human rights activists and people involved with human rights work in Nepal including the external monitoring bodies opine that the actual figures is several times more than that has been officially registered.

A hunger strike was going on at Ratna Park in Nepal where families of 125 disappeared persons had gathered in a tent and were protesting against disappearance and loss of life of their dear and near ones. Formerly the hunger protest was organized at Bhadrakali, in front of the RNA headquarter. The protesters were forcefully removed from Bhadrakali by the army. On being evicted from Bhadrakali the protesters had setup their camp at Ratna Park. Now the hunger strike has been called off due to some intervention by human rights activists.

Disappearance at this scale is the firm indicator of absolute collapse of rule of law in the country. It is widely known that in most of the cases of disappearance the relatives of the disappeared has either failed to lodge a complaint or if a complaint or even a court case is registered finds no result. The police fail to register cases, the courts fail to intervene and the authorities give a closed door approach to the cases brought before these bodies. Those who registered cases and those human rights activists who supported such cases by active or passive involvement have a history of being threatened and intimidated by the RNA or the Maoists as the case may be. The Government of Nepal has extended its invitation to the UN Working Group on Disappearance. However the working group is yet to announce its proposed date of visit.

Nepal is one of those rare countries which is a party to almost all international conventions. However the sad fact is that the country has failed to discharge its obligation to its citizens miserably and is not likely to have any solution or to take any tangible action towards putting an end to the situation of huge loss of human life especially in the current political setup.

It is anticipated that more life would be lost and at this rate the country would record one of the worst cases of massive disappearance ever recorded in human history. In these circumstances your urgent action is of utmost importance to put an end to this uncontrolled loss of human life and to put an end to the situation.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SUGGESTED ACTION:
Please send a letter, fax, or an e-mail to the addresses below and express your concern about this case.

Sample letter:

Dear Sir,

Re: Massive disappearances in Nepal and absolute state of impunity and lack of action

I am shocked to learn about massive disappearances in Nepal and absolute state of impunity and lack of action by the authorities to contain this situation.

I am informed that in Nepal the situation is under extreme conditions where loss of life is the rule of the day. It is reported that a large number of cases have been reported on disappearances. People - women, men and children are reported to be disappearing within the country, especially from the villages and places outside Katmandu, the capital city.

I am informed that the National Human Rights Commission of Nepal has registered at least 1430 cases. The 1430 cases registered at the National Human Rights Commission of Nepal do not indicate that the number of disappeared is limitted to 1430. Human rights activists and people involved with human rights work in Nepal including the external monitoring bodies opine that the actual figures is several times more than that has been registered.

I am informed that as on today hunger strike is going on at Ratna Park in Nepal where families of 125 disappeared persons has gathered in a tent and is protesting against disappearance and loss of life of their dear and near ones. Formerly the hunger protest was organized at Bhadrakali, in front of the Army headquarter. The protesters were forcefully removed from Bhadrakali by the army. On being evicted from Bhadrakali the protesters have setup their camp at Ratna Park. Now the hunger strike has been called off due to some intervention by human rights activists.

Disappearance at this scale is the firm indicator of absolute collapse of rule of law in the country. It is widely known that in most of the cases of disappearance the relatives of the disappeared has either failed to lodge a complaint or if a complaint or even a court case is registered finds no result. The police fail to register cases, the courts fail to intervene and the authorities give a closed door approach to the cases brought before these bodies. Those who registered cases and those human rights activists who supported such cases by active or passive involvement have a history of being threatened and intimidated by the RNA or the Maoists as the case may be.

I hereby call upon you and your office to take immediate preventive measures to address this issue and to put an immediate stop to disappearances in Nepal. I also urge you to take immediate action so that those people protesting against disappearance in Nepal are protected against all threats or intimidation and that all reported cases of disappearance are immediately investigated by an impartial authority and that perpetrators are brought to justice.

Sincerely yours,

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Send a letter to:

1. Hon. Sher Bahadur Deuba
Prime Minister
Office of the Prime Minister
Singha Durbar, Kathmandu
NEPAL
Tel: +977 1 228555 or 227955
Fax: +977 1 4 227 765 / +977 1 227286
Email: hmg@es.wlink.com.np 

2. Mr. Mahadev Yadav
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu, Nepal
Tel: 14 262548 (direct line)/262394 (through Personal Assistant)
Fax. 14 262582
Email: fpattorney@most.gov.np
?lt;br />3. Shyam Bhakta Thapa
Inspector General of Police (IGP)
Police Head Quarter
Maharajganj, Kathmandu
Tel: +977-14 412 432/737 (direct-Office) / +977-14 414 985 (Residence)
Fax. +977- 14 415 593

4. Lieutenant Colonel Raju Nepali
Head Royal Nepal Army Human Rights Cell
Royal Nepalese Army Headquarters
Singha Durbar
Kathmandu
Nepal
Fax: + 977 1 4 226 292 or 245 020

5. 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

6. Mr. David Johnson
Senior Human Rights Advisor
C/o UNDP, UN House
P.O. Box: 107
Pulchowk, Kathmandu
NEPAL
Tel: +977 1 5 524 366 / 5 523 200
Fax: +977 1 5 523 991 / 5 523 986
Email: david.johnson@undp.org

7. Professor Stephen Toope
Chairperson
Working Group on Enforced or Involuntary Disappearances
Att: Ms. Soussan Raadi-Azarakhchi
C/o OHCHR-UNOG,
1211 Geneva 10
Switzerland
Fax: +41 22 917 9006

8. Mr. Theo C. van Boven
Special Rapporteur on the question of torture
Esp. for Disappearances: Att: Mr. Jean Nicolas Beuze
Room: 3-052
C/o OHCHR-UNOG 1211 Geneva 10, Switzerland
Tel: +41 22 917 9174
Fax: +41 22 917 9016 (general)
E-mail: jnbeuze@ohchr.org

9. Ms Manuela Carmema Castrillo
Chairperson
Working Group on Arbitrary Detention
c/o OHCHR-UNOG
1211 Geneva 10
Switzerland
Fax: +41 22 917 9006

10. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-139-2004
Countries :
Issues :
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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.