UN rights experts critique Nepal again

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A tree blocks a road near Butwal, Nepal during the Maoist conflict in 2005. Photo: Marty Logan

United Nations experts have critiqued draft changes to the Nepal law on the National Human Rights Commission (NHRC), says an editorial in this week’s Nepali Times.

In April, the experts from the Office of the High Commissioner for Human Rights, known as ‘special procedures’, took the Nepal Government to task for its slow, faulty progress in transitional justice. This time, their letter focuses on three proposals for the NHRC Act:

  1. Giving the attorney-general the power to approve the NHRC’s investigations
  2. Barring the institution from receiving any funding external to its government budget
  3. Preventing the NHRC from opening regional of sub-regional offices.

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Human rights committee directs Nepal government to take multiple actions over wartime rape

2006 People's Movement

Praying for Peace during the Maoist insurgency in Nepal (1996-2006)

Media reports focused on the need to revise rape laws to ensure access to justice but the government must also investigate the arrest, detention and rape by soldiers during the Maoist insurgency

On 21 May the UN Human Rights Committee published a decision about a Nepali woman who was abducted by Nepali soldiers during the Maoist insurgency (1996-2006), taken to army barracks, tortured, raped and forced to work for the soldiers. Then 14 years old, the girl was released six weeks later after her family intervened. Continue reading

Nepal: human rights champion or foe?

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Photo: Republic newspaper.

There’s an important editorial in this week’s edition of Nepali Times. It points out that while the Government of Nepal portrays itself as a human rights leader at the global level, at home it falls distressingly short of what’s required of a rights champion.

Not only have successive governments failed to implement a credible transitional justice process following the ceasefire between government and the Maoists in 2006, current leaders – including former Maoist fighters – are trying to curtail the powers of the National Human Rights Commission. The NHRC’s recommendations have been almost totally ignored by various governments since it started work in 2000.

Read on, from Nepali Times:

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Will Nepal’s election to United Nations body benefit global human rights?

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A cartoon from issue 702 of Nepali Times (11-17 April 2014). It depicts former Prime Minister Girija P Koirala (left) and former Maoist leader Pushpa K Dahal.

Nepal has successfully won a seat on the United Nations Human Rights Council, the senior-most human rights body among the world’s governments.

The Himalayan nation was elected for a two-year term during the recent UN General Assembly, despite a rocky human rights record at home. This includes setting up commissions to probe alleged human rights abuses during the 1996-2006 Maoist uprising that fail to meet global standards, and ignoring orders from Nepal’s Supreme Court to fix them.

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Rights at home first

MartyLogan_NepalHumanRightsCouncil_101017The consensus among human rights experts who I interviewed recently is that Nepal should fix its own human rights record before bidding for a seat on the United Nations human rights council—or at least do both simultaneously. Continue reading

Time stands still for Nepal’s conflict victims

Suman Adhikari poses with a photo of his father Muktinath,

Suman Adhikari poses with a photo of his father Muktinath, one of the 17,000 victims of Nepal’s conflict, 1996-2006.

I set out to write an article about the vision underlying Nepal’s transitional justice (TJ) process — was the focus on truth, reparations, justice? etc. — but I quickly understood that any such theorizing was quickly overtaken by political leaders’ desire to use TJ to absolve them of responsibility.

Instead, I focused on some of the victims in this article for IPS News. I understand that efforts are being made to draft amendments to the laws creating the truth and disappearance commissions. If anyone has details, contact me.

“Reconstruction and reconciliation require finances and physical structure, but the families of the victims of the conflict first and foremost need their integrity protected. Physical and financial compensation mean little without justice,” wrote Suman Adhikari nearly 11 years ago, during a ceasefire in Nepal’s Maoist insurgency. Continue reading

Conflict victims a casualty of Nepal’s transitional justice process

2006 People's Movement

Praying for Peace

I recently reviewed a report by the Nepal office International Centre for Transitional Justice and Martin Chautari, a think-tank in Kathmandu. The focus was what ‘truth’ means for victims of the 10-year Maoist insurgency. I wrote:

Referring to the dysfunctional truth and disappearance commissions the report says: ‘So far only a relatively narrow constituency of two broadly opposing sides has been involved in debates. Among national and international NGOs, human rights lawyers, and victims’ groups, the dominant discourse has focused on the demand for individual criminal accountability, while government leaders and representatives of the major political parties and security forces have worked to ensure that criminal prosecution and trials are completely off the table.’

Read my full article on the website of Nepali Times.

I’ve written previously about the conflict and its victims, including this blog post.