jan-feb 2009 issue of amnesty dialogue - final...2019/01/08 · bhawani prasad kharel,...

JANUARY - FEBRUARY 2009

A campaign newsletter of Amnesty International NepalAMNESTY DIALOGUE

Table of Contentso AMBULANCE ACTION against

IMPUNITY – Page 1

o AI Nepal’s 17th National CouncilMeeting—

o Newly Elected Members of NationalExecutive Committee (NEC) of AINepal –page 5

o Newly Elected Appeal Committeemembers Of AI Nepal –Page 6

o Campaign of Amnesty Internationalon First 100 days of PresidentObama—page 7

o signature collection on writing letterto the President Obama-page 7

o Visit of representative of AmnestyInternational Secretariat in AINepal-page 8

o Trainings about Human rights andAmnesty International

o International Human Rights Day—page 10

o International Children Day—page12

o interaction programme in Gorkha-page 12

o interaction programme among thegroup members-page 13

Chairperson- Hem Kumar Khadka

Vice-chairperson- Keshab Sigdel

General Secretary- Shambhu Thakur

Deputy Gen. Secretary- Uttam SapkotaTreasurer- Rashmila Bhochhibhoya

MembersMamita Kumari Pun

Yashoda Kumari UpadhyayaChetnarayan Bhushal

Deek Prasad Ghimire

Nirmal Babu Shrestha

Rajan Prasad KuikelAdvisors

Nutan Thapaliya

Lokesh Dhakal

National Executive Committeeof AI Nepal

Published by

AMNESTY INTERNATIONAL NEPALAmnesty Marga BasantanagarP.O.Box 135, BalajuKathmandu, Nepal

Phone: + 977 1 4364706+ 977 1 4365431

Fax: +977 1 4354987email: [email protected]: www.amnestynepal.org

Appeal Committee Of AI NepalCoordinator Shyamraj GhimireMembersMs.Bimala Devi (Bista) GautamMr. Rishikesh Khanal

Cover PhotoOpen Air assembly on 17th of February 2009 at Tundikhel,which was held before the ‘ambulance action’ againstimpunity launched by AI Nepal along with other human rightsorganizations and family of victims.

Amnesty DialogueJanuary - February 2009 1

Amnesty International Nepal along withother civil society and human rightsorganizations including AccountabilityWatch Committee (AWC), Advocacy Forum(AF) and Collective Campaign for Peace(COCAP) and in collaboration with familiesof the ‘disappeared’ and survivors of humanrights abuses, and with the support ofOHCHR-Nepal and other human rightsorganizations, organized an event named“Ambulance Action” under the slogan‘Prosecutions Now! Save Justice’ on 17February in Kathmandu.

The ambulance action was started fromthe Open air Theatre in Kathmandu. Theaim to invigorate public action through thelaunch event – themed around ‘dyingjustice’ – the body of justice was takenby ‘ambulance’ to the Army Headquartersand Office of the Chairperson of theConstituent Assembly. The ambulancecarried a delegation of survivors and familymembers who lost loved ones. Thedelegation presented at each destinationa ‘prescription’ prescribing what eachauthority must do to save justice in Nepal.

AMBULANCE ACTION AGAINST IMPUNITY

Before the symbolic ambulancedeparting from the Open Air Theatre,speakers including Richard Bennet, theChief of the Office of the HighCommissioner for Human Rights in Nepal,Dharmendra Jha, the President ofFederation of Nepalese Journalist, humanrights defender Sushil Pyakurel , Presidentof Victim of Conflict Society Janak Raut,mother of Maina sunuwar, killed by (Royal)Nepal Army, Devi sunuwar and wife of

Body indicating the dying justice beingtaken to the programme venue.

Ambulance going to the office of differentgovernment bodies.

Assembly at the Open Air Theatre of

Amnesty Dialogue January - February 20092

abducted journalist Prakash Thakuri,Janaki shrestha had addressed theprogram urging government to takeconcrete action against perpetrators.

The 17th February 2009 was the 5th

anniversary of the arrest and killing ofMaina Sunuwar. To date, despite years offearless campaigning by her mother, Devi

Sunuwar, Maina’s killers have not beenarrested and prosecuted. Maina’s story isillustrative of thousands who areobstructed from claiming justice, eitherfor themselves as survivors, or for theirfamily members ‘disappeared’ or unlawfullykilled. Not only does this perpetuate thepain of the survivors and families but it iskilling Nepal’s ailing justice system.

Participants of the programme going to submitthe memorandum to the government agencies.

Meeting between Chairperson of ConstituentAssembly and Representatives of the organizers.

17th GENERAL MEETING OF AI NEPAL HELDThe 17th General Meeting of Amnesty

International (AI) Nepal held on 28-29January 2009 in Pokhara. Vanushi

Rajanayagam Walters, the InternationalExecutive Committee Member of AmnestyInternational, inaugurated the meetingamidst a grand programme on 27 January.

Making an inaugural address, Ms.Rajanayagam stated that AI members allaround the world have been contributingfor the protection and promotion of humanrights and the contribution from AI Nepaland its membership towards worldwidemovement of AI has been highlyrecognized.

Speaking at the program, Gagan Thapa,the popular youth leader who was declaredthe Prisoner of Conscience by AI duringPeoples Movement, gave his excitingspeech highlighting human rights situationin Nepal and importance of campaign ofAmnesty International.

Other speakers of the inaugural sessionwere former chairpersons Krishna Pahadi,Binod Nepal, Krishna Kandel and PradeepPokharel as well as the then Acting


Chairperson of AI NepalDhruba Kumar Karki, GeneralSecretary Chandra Adhikariand Returning Officer LokeshDhakal. Likewise, Chairpersonof National WomenCommission Nainakala Thapa,Member-secretary of NationalDalit Commission JanakiBaraha and Secretary ofFederation of NepaleseJournalist Ramji Dahalhighlighted different aspects ofhuman rights in the inauguralceremony. Inaugural session ofthe programme was conducted byRameshwar Nepal Director of AI Nepaland chaired by Dhruba Kumar Karki actingpresident of AI Nepal.

Chief Guest of the inaugural session Ms.Rajanayagam gave away certificate of

“Highest Membership GrowthAward” and cash prize to DhaniklalMehta, the Convener of theaccredited Group-10 and “HighestYouth Network Membership GrowthAward” to Devendra Sejuwal, thecoordinator of Kakrebihar YouthNetwork, Surkhet.

the “Highest Membership GrowthAward” and the “Highest YouthNetwork Membership GrowthAward” that is honoured to any AINepal groups recruiting the highest

members and highest Youth NetworkMembers from January to December everyyear.

Before the inaugural session a peacerally went out in the city centers of Pokharawith different banners and plea-cardsdemanding protection of human rights. Itwas participated by representative of localorganization, teacher, student, humanrights activists and others. After rallyparticipants gathered at the program hallat Association of Nepalese Industriyalssituated at Gairapatan, Pokhara.

Altogether 149 delegates participatedin the Business Sessions of the meeting


representing from 74 Groups and oneGroup-in-formation across the country. Theclosed session went heavy with thediscussion on annual report presented bySecretary General Chandra Adhikari,financial and audit report presented by theTreasurer Shambhu Thakur and report ofthe National Secretariat presented byDirector Rameshwar Nepal. Similarly,Operational Plan of AI Nepal for the year2009-2010, along with the proposedbudget for the next two fiscal years alsowas approved unanimously by the meeting.

Election of the New Board and AppealCommittee

The meeting also elected 11-memberNational Executive Committee (NEC) forthe term 2009-2010 headed by HemKumar Khadka. Keshab Sigdel (Kohalpur),Shambhu Thakur (Janakpur), UttamSapkota (Kathmandu) and RashmilaBhochhibhoya (Banepa) respectively wereelected as the Vice-chairperson, GeneralSecretary, Deputy General Secretary andTreasurer of the Board. Likewise,Chetnarayan Bhusal (Kawasoti), DeekPrasad Ghimire (Biratnagar), Nirmal BabuShrestha (Pokhara) and Rajan PrasadKuikel (Nuwakot) elected as the membersto the Board.

Similarly, the Council elected an AppealCommittee for the same term. Elected to

the Committee are ShyamRaj Ghimire (Parasi) as theCoordinator and RishikeshKhanal (Urlabari) and BimalaDevi (Bista) Gautam(Kathmandu) as the members.Lokesh Dhakal, the ReturningOfficer, awarded certificatesto the candidates elected.

At the closing ceremony ofthe two days Meeting,Speakers including

International Executive CommitteeMember of AI Vanushi Rajanayagam, StaffMember of the International SecretariatJane East, the newly elected ChairpersonHem Kumar Khadka, immediate past

Acting Chairperson Dhruba Kumar Karki,Returning Officer Lokesh Dhakal andcontestant to the post of ChairpersonBhawani Prasad Kharel, representative oflocal Group of AI Nepal Durga PrasadTimilsina, Bimalraj Dawadi, RamrajLamichhane (Group54) and Punya PrasadPoudel (Group 82) made their closingremarks.

On the occasion, the immediate pastActing Chairperson Dhruba Kumar Karkihanded over the ignited candle, theemblem of AI, to the newly electedChairperson Hem Kumar Khadka.


Training for newly elected NEC and AC members of AI Nepal

After the conclusion of the 17th GeneralMeeting of Amnesty International (AI)Nepal, training was organized to the newlyelected NEC and AC members on 30January. On the occasion InternationalMobilization Programme Coordinator of theAI International Secretariat Jane Eastmade facilitated various sessions oninstitutional working system of AmnestyInternational. The day long training wasparticipated by the all NEC and ACmembers.

Newly elected NEC Members of AI Nepal

Hem Kumar KhadkaChairperson

Keshab SigdelVice-chairperson

Shambhu ThakurGeneral Secretary

Uttam SapkotaDeputy General Secretary

Rashmila BhochhibhoyaTreasurer

Mamita Kumari PunWoman Member


Yashoda Kumari UpadhyayaWoman Member

Chetnarayan BhusalMember

Deek Prasad GhimireMember

Nirmal Babu ShresthaMember

Rajan Prasad KuikelMember

Newly elected Members of Appeal Committee of AI Nepal

Shyamraj BhimireCoordinator

Bimala Devi (Bist) GautamMember

Rishikesh KhanalMember


Amnesty International has launchedlong campaign for closing theGuantánamo detention centre, ending ofarbitrary detention, eradicating torture andill-treatment. In last November Amnestyinternational recommended some issueschallenging President Obama to respondterrorism through the way of justice.

President Obama within 48 hours oftaking his office declared in his executiveorders that the Guantánamo detentationfacilities would be closed down within ayear, end interrogation of military andtorture and ill-treatment of all forms. Theassurances of the President indicate thathis action is in right track and he clearlywants to leave the bad practices of the

Amnesty International CampaignFIRST 100 DAYS OF PRESIDENT OBAMA-FRESH NEWS

WE ARE NOT EXPECTING THE IMPOSSIBLE FROMTHE PRESIDENT OBAMA IN HIS FIRST 100 DAYS.

past. But only this is notenough. President Obamahas to do more works. Hecan do many things in his100 days of office.Amnesty international hasreleased a checklist andchallenged him that ifPresident Obama wants tofulfil his commitment tothe humanrights, heshould complete thechecklist and be anexample to the world.

Therefore, President’s other workshould be-

o Promptly charge Guantanamo detaineeswith recognizable criminal offenses orrelease them immediately.

o Ensure that those detainees who are tobe charged receive fair trials in USfederal courts.

If you need additional information aboutthis campaign and want to take part onthis, please log on to http://www.amnesty.org/en/news-and-updates/news/president-obama-first-100-days-latest-news

As a part of Obama 100 Days Action,AI Nepal’s Group 60 and Progressive YouthNetwork both situated in Damak organizedsignature collection program in the secondweek of December 2008. The program

was organized in the venue of the Damakfestival.

Letter writing was focused on to remindObama about the commitment which he

SIGNATURE COLLECTION AT DAMAK


has made during the candidancy ofpresident. On the occasion activistscollected signatures on the letter callingpresident for the closure of Guantanamodetentation facilities.

The programme was jointly inauguratedby coordinator of Association of DamakChambers of Commerce and IndustriesIndra Shrestha and Convenor of AI group60 Shesh Kumar Niroula. After that

signatures were collected. At thatfunction Convener of AI NepalGroup 75 Krishna PrasadBhandari, Coordinator of YouthYetwork Keshav Dahal has alsoexpressed their views.

On the occasion, activistsdistributed related material onUniversal Declaration of HumanRights and Rights of the womento the people visiting festival.

According to the young activists of theYouth Netork, people took thecampaigning techniques and them of thecampaign in positive way.

The cloth with signature by around 10thousands people and the letter addressedto the President Obama were sent to theUS Embassy in Kathmandu.

Coordinator of International MobilizationProgram of AI Nepal

Jane East visited AI Nepal office on February 1,2009. She arrived Nepal to takepart in the 17th Annual General Meeting of AI Nepal.

On the occasion NEC Vice-chairperson of AI Nepal Keshab Sigdel, General SecretaryShambhu Thakur, immediate past Acting Chairperson Dhruba Kumar Karki and staff ofNational Secretariat were present.

At the function, Membership Officerof National Secretariat Indira Kharelhanded her the token of gift.

At the meeting Vice-chairperson Sigdeland Director Rameshwar Nepal briefedher about the activities of AINepal. Shealso talked with staff of differentdepartments of AI Nepal.

East is an official who looks afterthe institutional development of Nepalholding her office at the InternationalMobilization Programme of AI’sInaternational Secretariat in London.


ORIENTATION ON HUMAN RIGHTS AND AIP=cfO{= g]kfnn] o;sf ;b:ox¿nfO{ dfgjclwsf/ tyf PDg]:6L OG6/g];gnsf af/]df hfgsf/L u/fpg a]nfa]nfdfcg'lzIf0fx¿ cfof]hgf ug]{ u/]sf] 5 . ljleGg :yfgdf /x]sf P=cfO{= ;d"x Pj+ o'y g]6js{sf ;b:ox¿sf nfluTo:tf cg'lzIf0f ;~rfng ul/Psf ;dfrf/x¿ k|fKt ePsf 5g\ .

Saraswati Youth Network, Biratnagar

An orientation programme for themember of Saraswati Youth Network,formed under AI Nepal Group 11 situatedin Biratnagar held on February 15,2009.Subject matters relating to differentsession of the orientation were humanrights and humanitarian law, historicalbackground of Amnesty international,organizational structure, types andmethods of campaign, working areas ofmembers, work of Groups and YouthNetworks. Chairperson Hem Khadka andDirector Rameshwar Nepal facilitatedthose sessions.

In the begining of the program, NECmember Dik prasad Ghimire andCoordinator of Group 11 Bijaya Mishraexpressed their views about the campaign.

At the end of the training discussionswere also held on different issues. On theoccasion Chairperson of AI Nepal HemKhadka and Director Rameshwar Nepalanswered the queries raised by theparticipants. Altogether 35 membersaffiliated to the Network took part in theprogramme.

Group - 61, Lalitpur

Bagdole Welfare Trust and AI NepalGroup-61 organized a programme onAmnesty International, human rights and,violence against women. The program washeld on February 18,2009 (in the

Democracy Day) at Bagdol communitybuilding.

On the occasion coordinator of group -61 Dr. Watsaman Malla expressed hisviews about the situation of human rights,effort made by government on humanrights situation of Nepal and other differentaspects. Likewise former Convener ofGroup 61 Bibendra Pradhananga talkedabout establishment of AI in Nepal, andits working areas, effectiveness and thepresent situation. On the occasion,Secretary of the Group Arun Bajracharyaexpressed his views on rights of thewomen, concern of government on womenrights after people’s movement and thesituation of violence against women inNepal. He also emphasized that both manand woman should be awared for the rightsof the women.


Altogether 50 participants along with35 women took part in the pogramme.The programme was conducted bymember of the group Nabaraj Karki, andthe programme was presided over byRajesh Karki, the vicepresident of BagdolDevelopment Society. The programme wascoordinated by Prakash Karki, the memberof AI Nepal Group 61.

Group 54, Pokhara

AI Nepal Group-54, Pokhara organizeda day long training programme onHumanrights and Amnesty International onFebruary28, 2009. The Chief of theWestern Reginal Office of the NationalHuman Rights Commission Achyut Acharyaexpressed his views about the worldwidework of Amnesty International for theprotection of humanrights. On theoccasion, National Executive CommitteeMember of AI Nepal Nirmal Babu

INTERNATIONAL HUMAN RIGHTS DAYWe have more news about the activities organized by different Groups and Youth Networks

affiliated to the AI Nepal on the occasion of 60th International Human Rights Day.

Walk and awareness mass meeting atLalbandi

On the occasion of 60th Human RightsDay, a walk programme was organized atLalbandi on 10 December 2009. Theprogramme was jointly organized by Group78 of AI Nepal and local organization childprotection organization. The programmeconverted into the mass meeting aftervisiting the local market areas.

Addressing the meeting Chief Guest ofthe programme and district president ofNepali congress Sarlahi and formerParliamentarian Bhikhari Mansur, Leaderof Nepal workers and peasants partyGobinda Mahat, representative of Jana

Morcha Nepal Gyanu Thapa, Treasurer ofthe Child Protection Organization JamunaAcharya, representative of indigenouscommunities Hirakaji Yonjan, Anita Bhujeland others expressed their views aboutthe situatation of human rights at present

Shrestha, former Conveners of the GroupDurga prasad Timilsina, Kamal NathKunwar and other speakers including NilBahadur KC, Shanti Singh Thapa, BimalrajDawadi, Padam Bastakoti, ChudamaniSubedi and Kopila Bhujel expressed theirown views. Inaugural session was chairedby Ram Raj Lamichhane, Convenor of theGroup. Nil Bahadur KC facilitated varioussessions in the programme.


context. The programme was chairedof Chet Bahadur Magar convener ofGroup 78 Lalbandi.

Quiz contest at Itahari

On the same occasion Group 63of AI Nepal organized a high schoollevel quiz contest programme. Theprogramme was inaugurated byformer Deputy General Secretary ofAI Nepal Raj Narayan Mandal.

Secrect Heart Boarding School securedthe first position while ChamundaSecondary School and Koshi Saint JamesSchool secured second and third position

respectively. Consolation prize was givento Janata Secondary School. Chief GuestMr. Mandal provided prize and certificatesto the winning schools and students.

The programme was chaired byconvener of Group 63 Kabindra Mandaland programme was conducted by ShibaRimal and Santosh Kharel. Theprogramme, participated by 10 schools ofSunsari district was coordinated by theConvener of Itahari Youth Network AnandaPokhrel.

Peace rally in Surkhet

Group 69 of AI Nepal and Kankre BiharYouth Network along with other humanrights organizations of Surkhet organizeda peace rally in Birendranagar December10, The rally started from Mangalgadhi

Chowk and after visiting different parts ofmarket converted into corner meeting atBirendra chowk.

The corner meeting was conducted bythe Convener of Kankrebihar YouthNetwork Devendra Sejuwal and chairedby the district President of Human Rightsand Peace Society Surkhet Parbati Giri.Secretary of Group 69 of AI NepalPitambar Acharya, district president ofNepal human rights organization Govindasubedi, Representative of INSEC DurgaThapa, women rights activists Shobha Bk,district president of FNJ surkhet Shridharpoudyal expressed their views on theoccasion.

Candle rally in Biratnagar

AI groups 11, 23, 41 and 73 ofBiratnagar organized candle rally onDecember 10. Participants of the rallywere representatives of different humanrights organization.


Debate competition in Panchthar

Pheden youth network affiliated to theAI Nepal organized debate competitionprogramme among the students of pluss2 level on November 20, 2008. The topicof programme was Role of youth onHuman Rights. Addressing the programmethen centre committee member of AINepal Chhabi Baskota appreciated the roleof youth network of Pheden on promotionthe human Rights. He also emphasizedother youth to do the same. He said thatif the youth follow the path of AI then wecan find the better future which we arelooking for.

on the occasion president of Panchtharlibrary Narendra Kumar Kerung , convenerof group 45 Panchthar of AI NepalYadunath Pokhrel , president of FNJPanchthar Lekhnath sikaru, convener ofICRC Hareram Bhandari, representativeof Nepal Bar Association KhagendraBaskota, representative of INSEC KrishnaOjha, representative of DFID PabitraChemjong, teacher of Kanchanjangahigher secondary school Ekaraj Bhandari,coordinator of decisive team Nirananda

INTERNATIONAL CHILD DAYOn the occasion of international child day different groups and youth networks of AI Nepal

organized various programme in different parts of the country.

Acharya , Punya Dulal secretary of Nationalhuman Rights institute, Bharat Khapangi,and member of youth network GeetaBhattarai also expressed their well wishesaccording to convener of network JyotiNeupane. Among the 12 participants ofthe programme Prakash Bajagain ofKanchan Junga higher secondary schoolsecured the 1st position. Similarly, TaraPoudel from the same school secured 2nd

position and Dipendra Tiwari from Phidimhigher secondary school secured the 3rd

position. The programme was conductedby Prakash Khatiwada and chaired by theconvener Jyoti Neupane.

Interaction at Lalbandi

On the same occasion group 78 ofLalbandi affiliated to AI Nepal organizedan interaction programme about child rightson November 20. The programme wasconcluded on the chairmanship of thegroup convener Chet Bahadur Magar.Thejoint chief guest of this programme wereAbantika Sharma and Manoj Sigdel. Onthe occasion, live interaction among thechildren and other participants were alsoheld.

Group 76 of AI Nepal Gorkha organizedan interaction programme on the presentcontext, constitution making procedureand humanrights, on 30 of push 2065.Chief guest of the programme was thengeneral secretary of the AI Nepal ChandraAdhikari .According to the group, theparticipants were represented from Pressunion, INSEC, CAHURAST, Human Rights

INTERACTION IN GORKHAand Peace Society, civil society, NepalHuman Rights organization, Almunai Nepaland others. The programme was chairedby the convener of the group Thakur PrasadKandel. On the occasion then Generalsecretary Adhikari answered the queriesraised by the participants. Programme wasconducted by group secretary RabindraKandel.


Group 10 Inaruwa

Group 10 Inaruwa of AI Nepalorganized an interaction on February 1,2009. Participants were the groupmembers and the main purpose of thisprogramme was to inform them about theAI Campaign. Head Master of a localschool Rajendra Poudel was the chief guestand he said that human rights situation ofthe country is now in crisis. Theprogramme was chaired by DhaniklalMehata and conducted by group memberRam Prasad Chapagain.Similarly on the sameprogramme convener Mehatainformed all the participantsthat on the General Assemblywhich was held in Pokhara on14&15 of magh 2065, group10 received the prize forincreasing the membership.

Group 18, Kathmandu.

Group 18 of AI Nepal ofKathmandu organized a get -together programme amongthe members. On theoccasion interaction programwas held about the HumanRights and AI Nepal. ChiefGuest of the programme was then GeneralSecretary Chandra Adhikari and theprogramme was coordinated by OmKrishna KC. At the program, memberstalked about the different aspects ofhumanrights. On the occasion BibekPradhananga of Group 61 Lalitpur of AINepal informed about the Amnestyinternational and its campaign. TheProgramme was presided by the convenerof the group Trilochan Krishna Shrestha.

INTERACTION AMONG THE GROUP MEMBERS

Banepa youth network

Youth Network of AI Nepal situated inBanepa organized a programme onFebruary21, 2009. On the occasion ,interaction about AI campaign, signaturecollection for release of the prisoners ofconsience was held. Newly electedtreasurer of AI Nepal RashmilaBhochhiBhoya greeted everyone on theprogramme.

On the occasion treasurer Bhobhoya andconvener of group 43 Tika Bhakta

Bhochhibhoya expressed their views aboutthe future programme and the runningcampaign of AI Nepal. On the occasionparticipants lend their signatures on therequest letter made for the release ofYuki Takasi who is prisoners ofconscience.

On the occasion central treasurerBhochhibhoya was greeted according tothe convener of network Suman DhunShrestha .


This report sets out the findings ofOHCHR’s investigations into enforceddisappearances and related serious humanrights and international humanitarian law(IHL) violations in Bardiya District in thecontext of the conflict between the Stateand the Communist Party of Nepal-Maoist(CPN-M).

OHCHR has received information thatover 200 cases of enforced disappearanceafter arrest by the security forces in thedistrict, the highest number of reportedconflict-related cases in one district in thecountry. Of these, OHCHR has investigated156 cases so far, most of which tookplace following arrests between December2001 (following the declaration of the firstState of Emergency on 26 November2001 and the deployment for the first timeof the then Royal Nepalese Army (RNA))and the subsequent ceasefire in January2003.

OHCHR’s investigations into enforceddisappearances by the State authoritiesfocus on this period, which was one ofthe most intense of the conflict in thedistrict. Fourteen cases of actionstantamount to enforced disappearanceafter abduction by the CPNM betweenNovember 2002 and October 2004 werealso documented in Bardiya District, 12of which have been acknowledged by theCPN-M. The disappearances by bothparties were part of a broader pattern ofwidespread human rights and IHL violationswhich occurred during the conflictnationwide. Many of the victims werecivilians not taking part in hostilities.

Report of the OHCHR Nepal

CONFLICT-RELATED DISAPPEARANCES IN BARDIYA DISTRICTOHCHR Nepal published a report on conflict related disappearances of individuals. The

executive summary of the report excerpts -

Although many other serious violations ofhuman rights and IHL were committedduring the conflict - including extrajudicialexecutions and other unlawful killings,abductions, torture, assaults and extortion- this report focuses on disappearancesbecause of the urgency of establishing thewhereabouts of the disappeared.

The question of resolving conflict-related disappearances has remained oneof the pending issues of the peace process.There have been very significantdevelopments in Nepal since the 2006ceasefires, including an end to hostilities,the signing of the Comprehensive PeaceAgreement (CPA), the formation of anewly-elected and for the first time broadlyrepresentative Constituent Assembly, theabolition of the monarchy and declarationof a republic, as well as the formation ofa new government. These developmentsmark a historic new phase in Nepal’s peaceprocess. The Supreme Court of Nepal, ina landmark judgment on enforceddisappearances in June 2007, directed theGovernment of Nepal to ensure justiceand redress to the victims, and the CPN-M and other political parties involved inthe peace process have made repeatedpolitical commitments to take action onthis critical issue. The formation of a newgovernment and the Constituent Assemblyoffer a unique opportunity for the authoritiesto demonstrate a real commitment tohuman rights and ending impunity by takingconcrete and effective steps to resolveconflict-related violations of the past,including the disappearances documentedin this report. During the high-level debate


of the UN General Assembly in September2008, Prime Minister Pushpa Kamal Dahalaffirmed the commitment of theGovernment of Nepal to protect andpromote the human rights of its peopleand to end the culture of impunity.

As this report was being finalised inNovember 2008, welcome steps weretaken by the Government to establish theCommission on Disappearances, includingthe sharing of draft legislation on Extractfrom a statement made by Louise Arbour,the then UN High Commissioner forHuman Rights, during her visit to Nepal inJanuary 2007. Disappearances and itsapproval by the Council of Ministers pendingreferral to the Legislature, as well as aCouncil of Ministers decision to provideinterim relief to families of the disappeared.Following the end of hostilities in May2006, the climate of fear which hadprevailed during the conflict diminished,and information started to emerge aboutthe scale of the disappearances in BardiyaDistrict, especially by security forces. Threeunits of the RNA were based in BardiyaDistrict between December 2001 andJanuary 2003 and were primarilyresponsible for arbitrary arrests,unacknowledged detention and enforceddisappearances in the district: BhimkaliCompany, Barakh Company (which wasupgraded to a battalion during the period)and Ranasur Company – all of which fellunder the command of the 4th Brigadeand the Western Division of the RNA. TheNepal Police (NP) and Armed Police Force(APF), sometimes working with the RNA,were responsible for arrests in a smallernumber of cases. OHCHR documented theconsistent refusal by the RNA toacknowledge arrests, the systematic useof torture in at least one place of detentionand secret killings in custody, suggestingthat the RNA deliberately arrested andremoved detainees from the protection of

the law to coerce them into providinginformation on the CPN-M and to eliminateCPN-M presence from the area. Given thescale of these violations and the failure totake necessary action to prevent or restrainthem, the leadership of the WesternDivision of the RNA at that time must bearconsiderable responsibility, as is must forindividual company commanders. There isalso a need for investigations to establishbroader chain of command responsibilitieswithin the hierarchy of the security forcesand theGovernment of the time.

Members of the Tharu indigenous group,who make up 52% of the population inBardiya District, account for over 85%(135) of the persons disappeared by Stateauthorities in cases documented byOHCHR. Among the victims were 123men (including 102 Tharus), 12 womenand 21 children. All the women and childrenwere of Tharu origin. Information providedto OHCHR leads to the conclusion themajority of the disappeared was civilianvillagers who were not CPN-M membersat the time of arrest. Most of the victimswere farmers and others were labourers,students, teachers and carpenters. Inaddition to their occupations, several wereprominent Tharu activists. The Tharusconstitute one of the several indigenousgroups that are historically marginalisedand discriminated in Nepal. Many of thedisappeared who were not Tharu were alsofrom economically disadvantaged sectorsof the population. This report highlightsthat the issues of land distribution and lackof access to economic resources formarginalised groups, as well asdiscrimination, lack of politicalrepresentation and lack of access to stateservices and protection are at the rootcause of the conflict in Bardiya Districtand therefore underlie the disappearancesdocumented. Following their deployment


in the conflict, RNA units based in BardiyaDistrict gathered information on allegedCPN-M members and supporters, andconducted search operations near theirbarracks, arresting anyone suspected oflinks with the CPN-M. Most of thedisappeared were specifically targeted andarbitrarily arrested during searchoperations, mainly from their homes duringthe night, by armed and uniformed RNAteams, sometimes together with police.The security forces also conducted onelarge scale operation from temporarycamps constructed in the Rajapur Deltaarea of Bardiya District, during which atleast 15 persons were disappeared. Inviolation of national and international law,arrests were often violent; those arrestedwere not informed of the reason for arrestand were taken away with little or noexplanation. Security force teams oftendid not identify themselves during arrests.According to local sources, persons frommarginalised rural communities, includingTharu civilians, were particularly harassedand humiliated by security force teamsduring operations, at check posts andwhen they approached army barracks.

OHCHR’s investigations into theconditions and treatment of thedisappeared in detention focused onChisapani Barracks, which it foundoperated as a centre for intelligencecollection, where detainees weresystematically held in unacknowledgeddetention and subjected to torture andcruel, inhuman and degrading treatmentin violation of international law, with theinvolvement, knowledge and/oracquiescence of commanding officers.Most detainees were held handcuffed andblindfolded almost continuously for theduration of their detention. Methods oftorture to which detainees were subjectedincluded severe beatings, including on thesoles of the feet; rolling a heavy wooden

pole with pressure applied on limbs causingmuscular damage; being made to lie inthe sun and stare at it; having pins insertedbeneath the fingernails or having fingernailspulled out; being submerged in water toproduce a feeling of drowning; rape andmock executions. OHCHR has thus fargathered witness testimony which indicatesthat at least 21 of the disappeared wereheld in Chisapani barracks. Among themwere men, women and children, includinga 14-year-old boy who was last seen indetention in a trench.. The RNA repeatedlydenied the detention of many of those itarrested, placing them outside theprotection of the law. In spite of a generalclimate of fear and insecurity, manyrelatives approached army barracks andtemporary military camp only to be turnedaway sometimes with threats or violence.In the small number of cases where thepolice or army initially acknowledgeddetention, families were not able to meetor receive information about detainees aftera certain point. The fact that arrests weredenied, detainees were not given accessto a lawyer and detention was not reviewedby a judicial authority severely limited theability of families to challenge the legalityof detention. In particular, the courtsnormally dismissed habeas corpus writpetitions where detention was denied bythe authorities and the petitions provedineffective. Families were thus leftsearching in vain for any news of theirdisappeared relatives. Human rightsdefenders who intervened in such casesat the time did so at considerable risk.The fate of most of the disappeared bythe State authorities in Bardiya Districtremains officially unknown, despite the factthat their names have been submitted tothe authorities with repeated requests forclarification, by families of the disappearedand human rights organisations, includingOHCHR. However, OHCHR obtained


credible witness testimonies on asignificant number of cases indicating thatdetainees were killed in custody. OHCHRgathered independent testimoniesregarding extra-judicial executions indetention. It also documented a patternof removal of detainees from custody inChisapani Barracks in vehicles sometimesequipped with digging equipment. Onoccasions, these were followed by thesound of gunshots after which vehiclesreturned empty. A number of thedisappeared were last seen being removedfrom detention in this way. Informationgathered indicates that others receivedinjuries during arrest and through torturewhich may have led to their death. In caseswhere the Nepalese Army (NA) has sinceprovided information to governmentcommissions and OHCHR, OHCHRbelieves it has attempted to cover up thefate of some of the disappeared.

OHCHR received two communicationsfrom the NA, in September 2006 andFebruary 2008 respectively, providinginformation on 55 persons documentedby OHCHR as disappeared after arrest bythe security forces. According to the NA,most victims were killed either in anencounter, in security force operations orwhile trying to escape. Ministry of Defencepress releases issued at the time of arrestalso claimed that those named were “killedin an encounter”. In other cases, the NAsaid the persons in question were releasedor living at home, handed over to thepolice, or that there was no record of theirdetention or death. However, in the caseswhere OHCHR was able to carry outfurther investigation, it received witnesstestimony which contradicts these claimsand as such OHCHR continues to considerthe persons as disappeared. By way ofillustration, OHCHR’s investigations foundthat four young people aged 15 and 16,

whom the NA claims were killed in anencounter, were among eight personsarrested from home in front of multiplewitnesses in Manau VDC in April 2002.The fact that the NA has acknowledgedthe death of these individuals, albeit underdifferent circumstances, may be taken asconfirmation of their deaths. Given thatall were seen in security force custody,OHCHR believes that they were in factkilled in custody and their bodies disposedof in secret. The actions tantamount toenforced disappearances by the CPN-Mdocumented by OHCHR took place withina pattern of what the CPN-M termed“party action” against persons consideredto be exploiters or informants and includedpublic executions, abductions, torture andassaults. According 2 the title of the RoyalNepalese Army (RNA) was changed toNepalese Army (NA) by the House ofRepresentatives proclamation of 18 May2006. In the report, RNA is used whenreferring to the army’s operations at thetime of the conflict. NA is used whenreferring to post-May 2006 actions. Tothe CPN-M, all decisions on this “action”during the period in question were takenby the district committee and were normallycarried out by small groups of People’sLiberation Army (PLA) cadres known as“squad teams”. OHCHR found that mostof the victims were abducted from theirhome or the street near their home villagein the day or the night by small groups ofpersons in civilian clothes, sometimes withknown Maoist cadres among them. Thevictims included 13 men and one woman,aged between 20 and around 65. Amongthem were three Maoist-affiliated personsand three members of the security forces(one APF and two RNA personnel) whowere taken while they were on leave oroff duty. None of the families of thoseabducted were able to meet them in CPN-M captivity. However, relatives of at least


four of those abducted heard from localpeople and also witnesses who had beenheld with them that they were beatenseverely by the CPN-M, and had visiblesigns of wounds on their faces and bodies.In July 2008, the CPN-M acknowledgedto OHCHR that it had killed 12 of the 14persons OHCHR had documented asvictims of actions tantamount to enforceddisappearance by the CPN-M. While thefamilies of some of these individuals hadpreviously learnt through press releasesissued by the CPNM or verbally from Maoistcadres between a few days and a fewweeks following the abduction that theywere killed, others had not received anyinformation from the CPN-M regarding theirfate. The acknowledgement of their deathby the CPN-M is a positive step towardsdetermining the fate of the disappeared.However, the full circumstances of theabductions and killings, as well as thewhereabouts of the remains must bedisclosed. In August 2008, the national-level CPN-M representative for humanrights undertook to discuss with CPN-Mleaders the issue of informing families inwriting that their relatives were killed, incases where the CPN-M acknowledgedkillings. He also committed that effortswould be made to identify thoseresponsible in order to locate the victims’remains and OHCHR understands thatinstructions to do so have been given todistrict-level CPN-M leaders. The centraldemands of the families of the disappearedare truth, justice and reparations, whichfind support in international standards andthe above-mentioned decision of theSupreme Court of Nepal in June 2007.Despite repeated commitments by allparties to the peace process, deadlinesset to make the fate of the disappearedpublic have long expired and theestablishment of a commission of inquiryon enforced disappearances has been

pending for two years in spite of it beingone of the measures, along withcriminalisation of such practices, orderedby the Supreme Court of Nepal in its June2007 ruling. The NP has repeatedlyobstructed the registration of FirstInformation Reports for conflictrelatedcrimes, including those related todisappearances, and failed to investigatesuch cases. No-one has been prosecutedand perpetrators continue to enjoycomplete impunity.

The failure of the Government to clarifythe fate and whereabouts of thedisappeared constitutes a continuingviolation of the human rights of theirfamilies which must be addressed urgently.It is therefore welcome that in mid-November 2008, draft legislation ondisappearances, including thecriminalization of disappearances and theestablishment of a Commission of Inquiryto investigate them, was released by theGovernment and approved by the Councilof Ministers. The establishment of theCommission has the potential to be animportant step towards clarifying the fateof the disappeared, including the personswhose cases are documented in thisreport.

However, OHCHR suggests that theresponsible agencies should not wait forthe outcome of this inquiry before takingaction on cases of disappearance that havebeen brought to their attention. This reportis intended to assist both the Commissionand the responsible authorities to meettheir obligations under internationallaw.Disappearances have had a deeplyadverse socio-economic effect on familiesof the disappeared, many of whom wereliving at subsistence level before thedisappearance. They have been left withdiminished food security and lack of accessto healthcare and education and vulnerable


to child labour and social discrimination.Relatives of four of the disappeared fromBardiya were among those provided withinterim relief in line with the Supreme Courtdecision. This interim relief must beprovided to all families of the disappearedas a priority, in accordance with the Councilof Ministers decision of November 2008.In addition, there remains an urgent needfor a comprehensive programme ensuringa full-range of appropriate reparations,including restitution, rehabilitationandsatisfaction, in consultation withfamilies of the disappeared.

Disappearances and abuses linked tothem such as extrajudicial executions,torture and arbitrarydetention are amongthe most serious violations of Nepal’sinternational human rights andhumanitarianlaw obligations, and especially theInternational Covenant on Civil and PoliticalRights. Lack of information about the fateof the victims prolongs the agony of theirrelatives over manyyears as they searchfor information. Repeated promises of

action by the parties have led to hopeandthen despair as these promises are notfulfilled. As the newly-elected Governmentof Nepal begins the process of transformingNepal after years of conflict, dealing withpast violations of the kind documented inthis report will be a critical challenge. Thisis not only important in terms ofensuringthe rights to truth, justice andredress for the victims of disappearanceand their families, but forlaying a strongerfoundation for the rule of law in Nepal andtherefore for the long term success ofthepeace process..

As indicated above, in his address tothe UN General Assemblyin September2008, the Prime Minister assured that hisGovernment would end the environmentof impunity in Nepal. In accordance withits mandate, OHCHR stands ready to assistthe Government in this importantundertaking.

source-http/ /Nepal .ohchr.org /en/index.html

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