Objective
The Commission on Human Rights should adopt a resolution calling on the Nepalese government and the Communist Party of Nepal (Maoist) (CPN (Maoist)) to respect their international human rights and humanitarian law obligations in the conduct of armed hostilities. The Commission should call on both parties to sign the Human Rights Accord that has been under consideration for the past year, and affirm its support for the work of the National Human Rights Commission (NHRC) in investigating abuses and monitoring the human rights situation. It should support the creation of an office of the High Commissioner for Human Rights (HCHR) in Nepal to provide technical assistance to the NHRC in monitoring and investigations, as well as human rights training to the police, the army and the judiciary.
Background
On January 29, 2003 a cease-fire was announced by the Nepalese government and the CPN (Maoist), bringing some hope that Nepal’s long civil war may be reaching an end.This was one reason the Commission did not adopt a resolution on Nepal in 2003. But those hopes were dashed when the CPN (Maoist) withdrew from unproductive negotiations and resumed fighting in late 2003. Both parties have engaged in systematic human rights violations with impunity. Reports suggest that hundreds and perhaps thousands of civilians have been killed by both sides. The Nepalese army has allegedly carried out extra-judicial executions of Maoists and villagers, arbitrary arrests, “disappearances,” harassed and intimidated press and NGOs, and interfered in the work of the judiciary. The Maoists have killed civilians, recruited children as soldiers, threatened and executed party cadre suspected of disloyalty, and engaged in widespread extortion and abduction.
The U.N. Secretary General has publicly expressed his concern about the situation in Nepal (for example in a press statement of August 29, 2003). Nepal’s neighbors and other U.N. member states have also expressed concern, but thus far there has been no formal statement by the international community or any concerted action for the protection of human rights.
Support for the Human Rights Accord and investigation of violations. The NHRC has proposed that the parties sign a Human Rights Accord that would allow for independent and professional investigations into alleged human rights violations, particularly extra-judicial executions and “disappearances.” The Accord would also contain detailed and explicit commitments to respect international human rights law and international humanitarian law. It is envisioned that the OHCHR would offer technical assistance to the NHRC and relevant parties and institutions. Serious and notorious cases such as those in Ramechap, Siraha, and Panchtar districts must be investigated as a priority, and the results of the investigations made public. If a cease-fire is established again, the Code of Conduct signed by the parties in early 2003, which included a monitoring mechanism, could be revived with more explicit and detailed commitments by the parties to respect human rights while negotiations proceed.
Support for the National Human Rights Commission. The NHRC has been engaged in a brave and lonely effort to investigate human rights violations and inject human rights as a core component of civil life in Nepal. The Commission should urge donors to urgently support the NHRC in its work.
Reform of the judiciary. The Nepalese judiciary lacks independence, professionalism, training and resources. The OHCHR or other internationally recognized organizations should urgently embark on a training program for Nepalese judges and prosecutors. The Nepalese government and army must allow such persons to carry out their duties without pressure or threats.
Training of the army, police and CPN (Maoist) cadres. All participants in the conflict urgently need training in international human rights law and international humanitarian law. This training will only be meaningful after a commitment by both parties to respect these provisions. The International Committee of the Red Cross, OHCHR and others could provide this training.
Recommendations
The Commission on Human Rights should:
- Adopt a resolution condemning continuing grave violations of international human rights and humanitarian law by both parties to the conflict and urging both parties to ensure accountability for such acts.
- Condemn the use of child soldiers, particularly by the CPN (Maoist), and call for an explicit commitment by both parties not to engage in this practice.
- Call on the parties to sign a Human Rights Accord with commitments to respect international human rights and humanitarian law norms and provisions for effective monitoring, investigation and training components.
- Call for the creation of an office of the HCHR in Nepal to provide technical assistance to the NHRC in monitoring and investigations, as well as human rights training to the police, army and judiciary.
- Encourage the government to issue a standing invitation to the thematic mechanisms of the Commission to visit Nepal.
