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Human Rights Situation in Nepal Remains Poor: Report

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The annual report 2008 by NHRC says rights situation this past year remained poor.


A total of 216 persons lost their lives this past year. The report says this statistics is higher by 78 persons compared to the last year's record. However, NHCR received 1137 complaints in total significantly fewer than the record of last year, which was 1948. The following is the synopsis of the final report:


NHRC Nepal Annual Report 2007/8: A Synopsis
National Human Rights Commission of Nepal has been established on May 26, 2000 realizing the necessity of a national institution to work in the field of human rights. The Interim Constitution of Nepal, 2007 has recognized NHRC as a constitutional body and mandated the responsibility to ensure human rights in order to respect, protect, promote and help effectively implement. As per the Article 133 of the Constitution, NHRC has to submit its annual report to the President. Hence, this annual report has been prepared as per the Constitutional obligation. Since the NHRC has been declared as a constitutional body, this is the first annual report that has covered the activities of NHRC during the fiscal year 2007/08. This report has resembled the human rights situation and challenges of the aforementioned period. It has contained 6 chapters and 13 annexes.

1. NHRC Submits Annual Report to President
National Human Rights Commission (NHRC) has submitted its annual report 2007/08 before the President in accordance with the Article 133 of Interim Constitution of Nepal 2063 BS (2007). A team of NHRC officials submitted the report to honorable President Dr. Rambaran Yadav this afternoon at the Office of the President, Sheetal Niwas. Speaking on the occasion, NHRC chairman Kedar Nath Upadhyay said that “the period of past one year was very challenging since Kapilvastu incident took place at the same time when NHRC officials were appointed last year and the election to Constituent Assembly (CA) was held amid various instabilities.”

This is the first annual report after the Interim Constitution of Nepal, 2007 gave constitutional status to NHRC and after present officials were appointed in NHRC. This report includes the activities of NHRC towards protection and promotion of human rights carried out from July/August, 2007 to June/July, 2008. Last year, NHRC carried out different functions including monitoring and investigation of Kapilvastu incident and giving recommendations, monitoring of CA election 2008, formulating three-year interim strategic plan (2008-10), exhumation of the bodies of persons said to be disappeared from Bhairabnath Battalion in Maharajgunj on different dates and on different places.

2. Year of Achievement and Challenges
From the perspective of human rights, this year is found to be the period of both achievements and challenges. If we see the achievement s, the most significant event of the year is the long-awaited Constituent Assembly election that was held on April 10, 2008.

Right to Information Act, 2007, Human Trafficking and Migration (Control) Act, 2007, Foreign Employment Act, 2007, Act Against Abduction Cases, ratification of ILO Convention 169 related to Indigenous People's Rights, Apex Court Verdict on Gender Minorities, etc. are much more remarkable legal reformations of the said period. Similarly, The period is much more significant for the peaceful resolutions of all agitations, protests and political demonstrations raised by various political and nonpolitical groups.

The said period is immensely meaningful for the NHRC in some respects like relationship with national and international relations; various national and international stakeholder organizations and persons visited NHRC in this period in order to strengthen mutual relationships with each other as well as to improve HR situation of the country. NHRC took part in several important international programmes like APF annual meeting in Malaysia, ICC of NHRIs meeting in Geneva; and other programmes in different themes in South Africa, India, Switzerland, USA, Bangladesh, Finland, etc.

3. HR Situation not satisfactory
The interim Constitution of Nepal and the CPA have mandated NHRC Nepal to regularly monitor the HR situation of the country. Despite there are some remarkable achievements and informed HR situation in several respects, NHRC finds that, in totality, HR situation of the country has not been improved up to the satisfactory level. Within this period, 216 persons have lost their lives; this statistics is higher by 78 persons compared to the last year's record. See the table below:

SN/Alleged Groups/People Killed
1/ Security Force (Police) / 31
2 / CPN-M/ 6
3 / JTMM (Jwala)/ 35
4 / Akhil Terai Mukti Morcha/ 14
5 / JTMM (Rajan)/ 2
6 / Madhesi Mukti Tigers/ 6
7 / Madhes Virus Killers/ 2
8 / Madhesh Mukti Morcha/1
9 / Terai Mukti Morcha/ 1
10 / Various Bomb Blasts in different dates/27
11 / Kapilvastu Incident/14
12 / Unknown Groups/ 73
13 / Other various groups/ 14


Security situation of the period is remarkably miserable; the time-period was found more challenging because of recurring strikes and protests on different themes in different areas, especially in central and eastern terai and eastern region. Abductions, extortions, killing, cases of violence such as bomb blasts were not minimized this year too. Security situation was somehow improved during the CA election period; which couldn't long last after the election period.

4. CPA Provisions not implemented
The written commitments made in the CPA by the then Government and the CPN-M were not implemented this year too; such as- publishing the status of the whereabouts of the disappeared persons with in the 60 days of CPA signature; on the other hand, the Government could not implement the Verdict of the Apex Court related to the Disappeared. Recently published NHRC status shows that there are 970 persons still missing- 671 from State Side and 299 from CPN-M side.
5.2.3. Prepare the details of the disappeared persons or those killed in the conflict with their real name, surname and residential address and publicize it within 60 days from the day of signing this agreement and inform the family members of concerned persons.

Similarly, the following provisions of the CPA could not be implemented from both sides. During the period, 27 persons have lost their lives due to the mine explosions or bomb blasts.

5.1.4. Both parties shall inform each other about the demarcation and storage of ambush or mines planted during the war period within 30 days and help each other to diffuse or dispose them off within 60 days.

Contrary to this, against the spirit of CPA, property seized from CPN-M and its sister organizations was not returned to the concerned stakeholders, and the Government couldn't cultivate favorable situation in order to return IDPs to their destinations. In the same way, Peace and Rehabilitation Commission, and Truth and Reconciliation Commission were not formulated in this period. In this year, there were many cases of women's rights violence as well as the cases of caste and other kinds of discriminations.

5. Complaints Received in NHRC
This year NHRC received 1137 complaints in total. This statistics is significantly less than the record of last year, which was 1948. See the table below for detail:




SN

Theme of Complaint

M1

M2

M3

M4

M5

M6

M7

M8

M9

M10

M11

M12

Total

1

Abduction (CPN-M)

3

4

9

2

4

4

3

4

1

2

3

2

41

2

Disappearance (State)

9

12

4

75

2

3

7

1

0

0

10

4

127

3

Abduction (unidentified groups or other groups

17

7

5

5

10

4

2

10

7

11

4

4

86

4

Killing (Security Force)

46

5

70

3

2

2

4

10

12

6

15

6

181

5

Killing (CPN-M)

12

4

1

2

0

6

5

4

1

4

7

7

53

6

Killing (others)

1

1

1

0

1

0

1

3

1

3

2

1

15

7

Torture (Security Force)

19

23

11

7

3

4

4

4

5

8

10

6

104

8

Torture (CPNM)

7

5

4

0

1

6

1

1

0

8

6

7

46

9

Torture / Misbehavior (Others)

4

4

0

1

0

0

2

0

0

1

0

1

13

10

Prison Relation.

1

1

0

2

0

2

0

0

0

1

0

0

7

11

IDPs (CPN-M)

6

3

4

1

14

5

9

3

0

0

2

6

53

12

Property Seizure (CPN-M)

5

4

2

1

1

8

5

0

2

1

5

2

36

1

Property Seizure (Security Force)

1

0

0

1

0

4

0

0

0

0

0

0

6

3

Property Seizure (Others)

1

1

1

0

1

0

1

3

2

0

0

0

10

1

Compensations

4

2

2

0

3

2

0

1

0

0

2

3

19

4

Threats (CPN-M/ YCL)

3

0

12

2

2

4

3

4

1

2

1

2

36

15

Threats (Security Force)

1

0

0

0

0

1

0

0

0

0

0

1

3

16

Threats (Unidentified Groups

2

4

6

3

7

5

2

2

1

2

2

0

36

17

Illegal Detention

2

2

3

0

0

0

5

0

0

1

2

2

17

18

Civil Rights

1

1

1

1

1

0

0

0

0

0

2

1

8

19

Economic, Social and Cultural Rights

6

3

2

3

2

3

0

4

5

2

3

3

36

20

Casualties in Bomb- blasts

1

3

0

0

 

1

0

0

0

0

0

1

7

21

Child Rights

0

0

6

0

7

3

1

0

1

59

0

2

79

22

Women Rights

2

5

1

4

0

2

4

2

3

1

4

19

47

23

Judicial Administration

1

2

5

2

6

4

4

3

0

1

7

7

42

24

Others

7

8

2

3

4

6

6

8

2

8

9

2

65

 

TOTAL

162

104

152

118

72

79

69

67

44

121

96

89

1173

 


6. NHRC Efforts
• NHRC prepared and has started to implement Three Year Strategic Plan 2008-10; this document contains 7 strategic objectives pointing HR friendly constitution making in top priority.
• NHRC has started reformation and restructuring process; NHRC is about to open more offices in different parts of the country as the regional and sub-regional offices.
• NHRC published and disseminated of NHRC Annual Report, 14 reports on various themes and other 11 promotional documents.
• NHRC monitored 394 times in different places on different themes; and successfully completed the investigation of the complaints totaling 728. Within this, Shivapuri investigation on 49 disappeared people from Bhairabnath Battalion, Maharajganj, Kathmandu; body exhumation of different persons killed during the conflict period; etc.
• Within this period, NHRC recommended to the Government on 73 complaints that covers 110 victims; NHRC completed 379 complaints, 21 complaints were cancelled and 7 were suspended.
• Time and again, NHRC drew the attention of various stakeholders on different HR issues; NHRC called them in the NHRC office, showed its concerns on the issues and recommended to respect and protect people's rights including right to life, right to movement, right to consume basic rights, rights of prisoners, etc.

7 . Challenges Ahead
• Non-implementations of NHRC Recommendations;
• Long-rooted culture of impunity still existing; Yesterdays perpetrators yet not brought to justice;
• Inability to expose the whereabouts of Disappeared persons by both sides;
• Seized Property not returned yet;
• IDPs could not return to their original destination;
• TRC and Peace and Rehabilitation Commissions yet not established.


NHRC Synopsis of the Year 2064/65
1. HR Protection Related
SN/ Subjects/ Numbers/ Themes, etc./
1.1/ Complaints Received/ 1137 / Killing, Abduction, Disappearance, Threats, Torture, Displacement, ESC Rights, Bomb blasts, Property Seizure, etc.
1.2/ Decision Completed/ 376 / Killing, Abduction, Disappearance, Threats, Torture, Displacement, ESC Rights, etc.

1.3 / Decision (Complaints Cancelled)/ 21/ Torture, Displacement, ESC Rights, etc.

1.4 / Decision (Complaints Suspended)/ 7 / Threats, ESC Rights, Torture, etc.

1.5 / NHRC Recommendations / 73 / Killing, bomb blasts, disappearance, abduction, displacement, torture, threats, property seizure, rights of prisoners, etc.

1.6 / HR situation monitoring / 394 / times HR situation in general, CA election monitoring, Child rights, women rights, IDPs, Prisoners' rights, demonstrations and protests organized by various groups/ parties, etc.

1.7 / HR Investigation on violation cases / 728 / Killing, bomb blasts, disappearance, abduction, displacement, torture, threats, property seizure, rights of prisoners, etc.

1.8 Other recommendations/ 11 / HR situation in general, CA election monitoring, Child rights, women rights, IDPs, Prisoners' rights, demonstrations and protests organized by
various groups/ parties, etc.


2 HR Promotion Related

SN/ Subjects/ Numbers/ Themes, etc./
2.1 / Interaction, Meeting, Training, etc./ 101 / Central level 11, regional level 16, local level 74, HR exhibition 3,


3 Publication

SN/ Subjects/ Numbers/ Themes, etc./
3.1 Regular Publication/ 5 / Annual Report, Child rights report, Manav Adhikar Patra,
3.2 / Journal/ 1 / Sachetak
3.3 / Monitoring Report/ 4 / HR Situation during CPA Period, CA Monitoring Report.
3.4/ Regional Office / Publication / 4 / Annual Report
3.5 / Booklets / 2 / Question-Answer Collection, CPA
3.6 / Other reports / 9 / Implementation Status of NHRC Recommendations, Human Trafficking Report
3.7 / Brochure / 4 / Introduction to NHRC and CA Related
3.8 / NHRC Calendar / 1 / Calendar of the year 2065
3.9 / Press Release on various issues

4 Plan and Policy Making

SN/ Subjects/ Numbers/ Themes, etc./
4.1 / Three Year Strategic Plan 2008-10

4.2 / Restructuring of NHRC

5 Related to LAD

SN/ Subjects/ Numbers/ Themes, etc./
5.1 / Advisory to Nepal Government / 3
5.2 / Law Review / 9
5.3 / Cases of Self defense of NHRC/ 5

6 Library Update

SN/ Subjects/ Numbers/ Themes, etc./
6/ 250 books on various themes are added in the NHRC Resource Centre


7 Human Resource

SN/ Subjects/ Numbers/ Themes, etc./
7.1 / NHRC Commissioners / 5
7.2 / Officers of different levels / 62
7.3 / Asst. Personnel / 11
7.4 / Office Asst. and helpers / 20
7.5 / Personnel working in Projects / 17

You can dowload a PDF version of this report here.

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Comments

Its really been a very disappointing and defaming case of nation,Nepal,who, according to current leaders, politically claiming the historical changed after declaring a republic state,to ignorg the human rights upliftment and end of state of impunity.The global community needs to put same lavel of moral and working pressure to current government as they did in past monarchial time because the situation remain almost the same even after the temporarily stopped of huge killing of innocents from both side of government and rebel forces ( Maoist ).The non-implementation of recommendations of National Human Rights Commission,orders of Supreme court and request of UN Human right office in Nepal,are the clear instances of current government and political leaders towards the human rights protection and promotion.No nation could claim democratic without respection basic human rights although one may claim republic or Loktantra.That is why,let us not make the issues and voices of himan rights as a reaching ladder to power and position only.

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Brihát Śhānti Sámjhautā, 2006
(Comprehensive Peace Agreement)








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