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Bulletin #34: UN Commision on Human Rights

Adopts Resolution on Nepal

From INSN.org correspondent in Geneva:

Dear Friends,

The 61st commission on human rights has adopted the resolution unanimously in the afternoon session. The time of adoption was 6:00 pm Swiss time.

On behalf of traditional donors of Nepal Swiss Government had drafted the resolution under item no 9 however the recent development of signing the MUO to establish office of OHCHR with field monitoring mandate made some changes in the nature of the resolution. Therefore, sponsor of the resolution have put it under item no 19. There were 30 co-sponsoring countries.

The resolution is about the present situation of democracy and human rights in Nepal. It mentions the king’s seizure of power and serious human rights violation including extrajudicial execution, disappearances, torture, rape, abduction by the security forces and the Maoist. It also includes the issue of impunity in its preamble.

Altogether 18 points resolution has main concern about the human rights violation by the both parties of the on going conflict. It precisely calls the government of Nepal to immediate restoration of democracy, civil liberties, lifting of state of emergency, realizing all political leaders, human rights defenders, journalists, ensure the impendency of judiciary and National human rights commission, lift all media restriction. Similarly it calls the CPN Maoist to respect the International Humanitarian Law.

During the discussion. India and Japan, who were not co-sponsors of the resolution, said they are deeply concerned about the situation, mainly the 1 Feb take over by the King. They support the multi party system and constitutional democracy in Nepal”‘. There was a strong demand of the implementation of the recently signed MoU.

Please find the adopted resolution below.

Technical cooperation and advisory services in Nepal – Item 19
Commission on Human Rights Resolution: 2005

The Commission on Human Rights,

Recalling that Nepal, having ratified six major human rights treaties, has freely accepted the obligation to protect the human rights of the people of Nepal,

Recalling the importance of the implementation of Security Council resolutions 1325 (2000) on women and peace and security, 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflict, and 1539 (2004) on children and armed conflict,

Seriously concerned by the growing number of civilian victims of the ongoing conflict since the break-down of the cease-fire on 27 August 2003,

Deeply concerned about the situation of human rights in Nepal, including violations attributed to the security forces, in particular unlawful killings, all forms of sexual violence, forced displacement and disappearances, and attacks against physical integrity and safety of political leaders and party activists, human rights defenders, journalists and others and also deeply concerned about the prevailing situation of impunity,

Strongly condemning all acts of violence against civilians and other criminal acts such as attacks against life, physical integrity and personal liberty and safety, including unlawful killings, all forms of sexual violence and extortion, committed by members of the Communist Party of Nepal (Maoists),

Conscious of the fact that its appeals are mainly directed to His Majesty’s Government of Nepal as it is subject to international obligations; additionally gravely concerned at the serious breaches of humanitarian law committed by members of the Communist Party of Nepal (Maoists), which may constitute war crimes and crimes against humanity,

Recalling His Majesty’s Government’s “Commitment on the implementation of human rights and international humanitarian law” of 26 March 2004,

Bearing in mind its “Chairperson statement on the human rights assistance to Nepal” OHCHR/STM/CHR/04/3,

Taking note of the efforts of His Majesty’s Government of Nepal in establishing a Human Rights Promotion Centre of the Prime Minister’s Office and human rights cells within the security forces,

Taking note of the mission report on Nepal of its working group on enforced or involuntary disappearances from 28 January 2005 and the report of the Office of the High Commissioner for Human Rights on its activities in Nepal, including technical cooperation, from 31 January 2005,

Expressing its deep concern about the serious setback to multiparty democracy and the weakening of rule of law through the Royal Proclamation and the declaration of a State of Emergency on 1 February 2005,

Deeply concerned about the arbitrary arrests and secret detention, in particular of political leaders and activists, human rights defenders, journalists and others, and about continued enforced disappearances, as well as allegations of torture,

Welcoming the signing of the Agreement between His Majesty’s Government with the Office of the High Commissioner for Human Rights concerning the establishment of an office in Nepal, on 10 April 2005; while also taking into account actions taken by His Majesty’s Government in some cases of human rights violations,

Taking note of the present visit of the Special Representative of the Secretary-General on the human rights of internally displaced persons and the invitation extended to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,

OP 1 - Calls upon His Majesty’s Government of Nepal to urgently restore the multiparty democratic institutions enshrined in the Constitution of the Kingdom of Nepal and to respect the rule of law without exception,

OP 2 - Requests His Majesty’s Government of Nepal to bear in mind that, in accordance with article 4 of the International Covenant on Civil and Political Rights, certain rights, in particular the right to life and the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment, are recognized as non derogable in any circumstances and that any measures derogating from the provisions of the Covenant must be in accordance with that article in all cases, and underlining the exceptional and temporary nature of any such derogations, as stated in Human Rights Committee general comment No. 29 (2001) on derogations to the Covenant during a state of public emergency, which threatens the life of a nation,

OP 3 - Calls upon His Majesty’s Government of Nepal to immediately reinstate all civil and political rights, to cease all State of Emergency related and other arbitrary arrests, to lift the far-reaching censorship, to restore freedom of opinion, expression and the press as well as the freedom of association, to immediately release all detained political leaders and activists, human rights defenders, journalists and others, to allow all citizens to enter and exit the country freely and to respect all international and national obligations as well as the 25 points of the commitment of 26 March 2004, as freely undertaken by Nepal,

OP 4 - Strongly condemns the repeated practice of members of the Communist Party of Nepal (Maoists) of

a) unlawful killings, rape, extortions, forced displacement, mass abduction, forced recruitment and labour targeted at civilians,

b) persecution and attacks against life, integrity and safety of political leaders and party members, human rights defenders, journalists, peace activists and others, c) attempts to blockade Kathmandu and other urban areas with a view to cutting off supplies of food and other essential supplies to the civilian population,

OP 5 - Also firmly condemns the recruitment and use of a large number of children into Maoist forces and urges the members of the Communist Party of Nepal (Maoists) to stop the recruitment of children as well as to demobilize immediately those currently participating in these groups as set out under resolution s/1539 (2004) of the Security Council,

OP 6 - Strongly urges the members of the Communist Party of Nepal (Maoists) to comply with international humanitarian law and to respect the legitimate exercise of all human rights by the people of Nepal as well as to immediately and unconditionally cease and renounce violence, disarm, and enter into negotiations with the genuine intention of rejoining the political process, thereby helping ensure that the People of Nepal are free to choose their own government,

OP 7 – Calls upon all parties to the conflict to respect human rights and international humanitarian law, in particular Common Article 3 of the 1949 Geneva Conventions, as well as to act in conformity with all other relevant standards relating to the protection of civilians, particularly of women and children and to allow the safe and unhindered access of humanitarian organizations to those in need of assistance,

OP 8 - Urges His Majesty’s Government of Nepal to

a) take all necessary measures to prevent and put an end to extrajudicial and summary killings, all forms of sexual violence, enforced disappearance, arbitrary arrests, illegal incommunicado detention as well as torture and other cruel, inhuman or degrading treatment or punishment,

b) take all appropriate measures to clarify the fate of all cases of persons allegedly victims of enforced disappearances, including where appropriate, taking into account the work of the national committee and international expert bodies in this field,

c) ensure that all anti-terrorism and security laws and measures are in accordance with all relevant international norms and standards as well as the Constitution of the Kingdom of Nepal,

d) take appropriate measures to ensure the protection of civil and political rights of political leaders and activists, human rights defenders, journalists and others,

e) take appropriate measures to protect women and girls from gender-based violence, as emphasized by Security Council’s Resolution 1325 (2000), and to prevent and prosecute trafficking in women and children,

f) take all necessary measures to protect and respect the human rights of refugees, including the principle of non-refoulement,

g) combat impunity by ensuring that all allegations of violations of human rights and international humanitarian law are investigated promptly, independently and impartially and, as appropriate, prosecuted through the criminal justice system, in accordance with the Constitution of the Kingdom of Nepal and international standards of justice, fairness and due process of law,

h) to urgently begin a national dialogue with political parties to restore peace, stability, the promotion and protection of human rights and to safeguard democracy,

i) request the technical assistance of the international community and the United Nations in planning for free and fair local body elections, following their announcement,

OP 9 - Calls upon His Majesty’s Government of Nepal to provide urgent protection and assistance to internally displaced persons, accounting for the particular needs of women and children, to facilitate their safe return and reintegration and resettlement elsewhere in the country as appropriate, and to develop appropriate policies and legislation in this regard, utilizing the Guiding Principles on Internal Displacement,

OP 10 - Also calls upon His Majesty’s Government of Nepal to ensure the independence and effectiveness of the judiciary and therefore urges the Government to safeguard effective judicial remedies, in particular the respect of the writ of Habeas Corpus orders, and to comply fully and faithfully with all judicial orders,

OP 11 - Calls upon His Majesty’s Government of Nepal to

a) ensure the continued independence, institutional continuity and stability of the National Human Rights Commission of Nepal in conformity with the United Nations Paris Principles and the Human Rights Commission Act, 2053 (1997),

b) ensure the full and unimpeded access of the National Human Rights Commission of Nepal, the Office of the High Commissioner for Human Rights and the International Committee of the Red Cross, to all persons held in detention places, including places of detention under the authority of the Royal Nepalese Army, without prior notice,

c) provide necessary support to the National Human Rights Commission of Nepal, including its regional offices, in carrying out its statutory mandate and to ensure the necessary protection by and cooperation of governmental entities including the security forces to enable the members of the National Human Rights Commission of Nepal to promote and protect human rights in Nepal,

d) to support the Office of the High Commissioner for Human Rights in its continued assistance to the National Human Rights Commission of Nepal,

OP 12 - Welcomes the efforts of His Majesty’s Government to comply with the obligation to submit periodic reports to the respective treaty bodies, in particular under the International Covenant on Civil and Political Rights and urges the Government to implement their recommendations, particularly the recent recommendations of the Convention on the Elimination of All Forms of Discrimination against Women of January 2004 and of the Convention on the Elimination of All Forms of Racial Discrimination of March 2004,

OP 13 - Encourages His Majesty’s Government of Nepal to extend invitations to the special procedures of the Commission to visit Nepal, to fully cooperate with them and implement their relevant recommendations, in particular the recent recommendations of the Working Group on Enforced or Involuntary Disappearances, specifically the recommendations to enforce a complete prohibition on incommunicado detention in military barracks,

OP 14 – Requests the High Commissioner for Human Rights, in accordance with the Agreement signed with His Majesty’s Government of Nepal on 10 April 2005, to establish an office in Nepal with the mandate to assist the Nepalese authorities in developing policies and programs for the promotion and protection of human rights, to monitor the situation of human rights and observance of international humanitarian law including investigation and verification nationwide through the international human rights officers and the establishment of the field based offices staffed with international personnel and to report in accordance with the Agreement and to work in cooperation with other United Nations and other international organizations based in Nepal in this regard,

OP 15 - Calls upon His Majesty’s Government of Nepal to promptly and fully implement the Agreement with the Office of the High Commissioner for Human Rights signed on 10 April 2005 and to extend its full cooperation to the office of the Office of the High Commissioner for Human Rights in Nepal, to assist the office in the discharge of its mandate and to take all necessary steps to ensure that its officials and experts on missions have free and unlimited access to any persons in Nepal whom they might wish to meet,

OP 16 - Encourages the international community to assist His Majesty’s Government of Nepal in implementing the present resolution,

OP 17 - Requests the High Commissioner for Human Rights to present a report on the human rights situation and its activities, including technical cooperation, in Nepal through the Secretary-General to the General Assembly at its 60th Session and to the Commission at its 62nd Session,

OP 18 - Decides to continue its consideration of the situation of human rights in Nepal at its 62nd Session under the same agenda item.

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.

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