A Voice For the Voiceless

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Bulletin #16: 4th Public Appeal from Nepal's Human Rights Community

Nepal Under Military Rule: The Undermining of Democracy and the Constitution of Nepal

To:
President, Asian Development Bank
Prime Minister, Australia
Prime Minister, Canada
Prime Minister, Denmark
President, European Union
President, France
Chancellor, Germany
Prime Minister, Islamic Republic of Pakistan
Prime Minister, Japan
Prime Minister, Netherlands
Prime Minister, Norway
Prime Minister, Republic of India
President, Republic of China
President, Russia
Prime Minister, Sweden
Prime Minister, Switzerland
Prime Minister, United Kingdom
President, United States of America
Secretary-General, United Nations
UN High Commissioner for Human Rights
President, World Bank

CC:
Asian Human Rights Commission
Diplomatic Missions in Nepal
Forum Asia
Hague Appeal for Peace
International NGOs
SAFHR
Secretary General, SAARC
Special Rapporteur on Extrajudicial Killing
Special Rapporteur on Human Rights Defender
Special Rapporteur on Torture
Special Rapporteur on Freedom of Opinion and Expression
United Nations Offices operating in Nepal
Jimmy Carter, Former President, USA
Hillary Rodham Clinton, Senator, USA
Patrick Leahy, Senator, USA
Working Group on Involuntary Disappearance

In response to the ongoing violations of human rights in Nepal after the King’s invocation of Article 27-C to usurp all state power, which is fraud on the Constitution of the Kingdom of Nepal, 1990, we, the members of the Nepalese human rights community, issue this 4th public appeal to the international community to continue their actions against the new regime in order to restore democracy, freedom and political rights in Nepal.

We deeply appreciate the decision of foreign governments such as India and Great Britain to suspend their military aid to Nepal. This decision demonstrates their commitment to restoring democracy and freedom and to refuse to arm a military that, with its commander the King, has usurped all power in the country and suppressed basic human rights.

We express our gratitude to the US Senators for recommending to the US Secretary of State, Condoleezza Rice, to halt military aid to Nepal as part of a comprehensive plan to restore democracy and freedom in the country.

However, the King’s regime has been reluctant to respond to the concerns of the international community, and has continued to be involved in suppressing democratic rights and civil liberties even beyond the scope of the “state of emergency” (SoE). The formation of the Royal Commission for Corruption Control with investigating and judicial authority is politically motivated.

It aims to make political parties defunct and take revenge on political leaders, civil society activists and human rights defenders active since the 1990 restoration of democracy. It is an undemocratic and unconstitutional commission that undermines the jurisdiction of the constitutionally formed Commission for the Investigation of the Abuse of Authority. Similarly, the Media Monitoring Committee also aims to control media freedom and impose ongoing and comprehensive censorship.

The imposed SoE has, contrary to the King’s statements, undermined the principles of democracy in Nepal. It has clearly been imposed to dismantle democratic institutions, rather than ensure “law and order” in the country. The King has declared the SoE on the basis of providing security and yet insecurity has risen dramatically since its declaration, and abuses of power go unchecked.

International law calls for a SoE to follow the constitutional procedures for declaration and renewal, and yet this SoE has been established for an indefinite time and authorities justify illegal actions under its mandate. The King has also justified the declaration of the SoE by stating that governments over the past few years have not been serious for peace. However, these were his appointed governments rather than democratically elected, and his current regime has not called for a dialogue to end the conflict.

We condemn the “area detention” on human rights defenders, academicians, and civil society and political party leaders that has been imposed without notification, as demonstrated by the February 26 travel ban of human rights defender Subodh Raj Pyakurel, chairperson of INSEC.

We condemn the new regime’s efforts to encourage and provide resources to criminal-minded groups in various parts of the country to carry out an “uprising” against the Communist Party of Nepal- Maoists. This has resulted in the killing of dozens of innocent civilians living in conflict-affected areas and these “anti-Maoists” have committed atrocities such as the recent rape of a young girl whom they later accused of supporting the Maoists.

While civil and political rights continue to be abused, the regime illegally detains hundreds of activists and leaders, the media continues to be censored by the military, and access to information is restricted we call upon the international community to undertake the following measures….

1. To encourage and pressure Nepal’s judiciary to act independently towards guaranteeing the basic rights of the people and register habeas corpus cases as well as cases filed under the non-suspended rights categories.

2. To pressure the regime to disclose the list of those who are prohibited from travel and ultimately lift the “area detention” of political and civil society leaders, and academicians.

3. To take immediate measures to stop the new regime’s attempt to control and regulate the activities of national and international nongovernmental organizations as per the decision of the Security Subcommittee.

4. To pressure the new regime to disclose the whereabouts of the illegally detained, to refrain from torture, and initiate immediate measures for their unconditional release.

5. To pressure the King’s regime to ensure the safety of human rights defenders, journalists, and lawyers so they may carry out their legitimate activities without any form of interruption.

6. To pressure the Nepalese authorities to reinstate all fundamental human rights of the citizen such as freedom of movement, freedom to political rights, and freedom of opinion and expression.

7. To take diplomatic actions to convince the King to lift all forms of media censorship immediately, and stop harassing journalists and free expression activists so they may carry out independent news reports from conflict-affected areas.

8. That the United Nations take immediate measures to review the Nepalese military’s participation in UN Peacekeeping Operations, considering their poor human rights record.

9. That all nations and leaders who have remained silent, publicly condemn the establishment of this military regime and call for the immediate restoration of democracy.

10. For the international media to continue reporting on the situation in Nepal, while the local media has been under complete censorship by the military.

11. Finally, we ask concerned citizens of all nations to express their solidarity with the Nepalese people and for them to call upon their own governments for the above mentioned actions.

We thank for your continuing efforts to restore democracy and freedom to Nepal.

This appeal has been submitted on behalf of 25 leading Human Rights Organizations. Due to the current threat to human rights defenders, the names of the organizations have been kept confidential.

INSN is the International Nepal Solidarity Network, which has activists in over a dozen countries around the world who are working to bring democracy to Nepal. Visit their website for regular updates related to the Nepal crisis.