'We will be setting up an office in each region in order to be closer to reports of human rights violations.'
- Mr Ian Martin, head of the OHCHR operation in Nepal
Ian Martin, head of the Office of the High Commissioner for Human Rights (OHCHR) operation in Nepal, spoke to Nepalnews on challenges and steps for effective monitoring of human rights. Excerpts of the interview:
1) After arriving in Nepal, how do you view the situation on ground especially in the wake of escalation in Maoist violence?
The situation here, of course, is extremely worrisome. The recent session of the UN Commission on Human Rights, during which the Government of Nepal and the High Commissioner for Human Rights, Louise Arbour, signed the agreement to establish the Office which I am heading, expressed great concern. It is clear that thousands of civilians have been killed since the conflict began. There are many children among them, as well as increasing numbers of children maimed, wounded, separated, abandoned, orphaned and victimized by the conflict. A terrible number of lives are being lost or shattered.
We are only now beginning to make our own independent assessment. I see a clear need for impartial monitoring, investigation and follow-up mechanisms to address the impunity with which violations of human rights and humanitarian law have been and are being committed. As the High Commissioner herself said, “Breaking the cycle of serious and systematic abuses will be the first essential step toward achieving peace and reconciliation in Nepal”. The CPN (Maoist) leadership must be made accountable for their abuses. And I believe much more needs to be done and can be done by the government and military to investigate human rights abuses and punish those responsible. Extra-judicial executions, including targeted killings of unarmed civilians, must stop.
2) When will the UN monitors start their job? Will you make your findings public here or directly report to your headquarters? How will UN the channel its humanitarian assistance to the victims of conflict?
Our initial team of twelve persons is already here and the human rights monitors will begin to operate as they complete their induction training. We will build on the work carried out since 2003 by our senior human rights advisor to the UN Resident Coordinator in Nepal. It will take some months to build up to our planned capacity.
I have already met with many people here from the government, the National Human Rights Commission, civil society, the UN and diplomatic community, to get their views on what needs to be done and to seek their cooperation.
Based on the information collected by my office, the High Commissioner for Human Rights will submit periodic analytic reports on the human rights situation to the Commission on Human Rights, the General Assembly, and the Secretary-General. These reports will be made public.
We will also be advising His Majesty’s Government on matters related to the promotion and protection of human rights in Nepal and will provide advisory services and human rights support to representatives of civil society, human rights non-governmental organizations and individuals.
In reference to your last question, the UN already channels humanitarian assistance to victims of conflict through the UN’s regular programmes. The UN, under the Resident and Humanitarian Coordinator for Nepal, Mr. Matthew Kahane, has now set up a special Coordination Unit which will pay particular attention to humanitarian issues. The Unit is charged with helping the UN, the Government and the International Community to work more effectively together in the assessment and monitoring of needs and in the targeting of assistance to the most vulnerable in Nepal, wherever they may be. A concrete example of this is the work begun with UN agencies, the government, international community and local NGOs to develop a common strategy to address the problem of those who have been displaced by the crisis. My office will be providing information to this Unit but it will not itself be providing humanitarian assistance.
3) Do you see the possibility of overlapping in monitoring activities with the National Human Rights Commission (NHRC)?
I see our work can be complementary to that of the NHRC. We will do all we can in accordance with our mandate to continue assisting the NHRC and of course, civil society organizations. Effective national institutions, an independent national human rights commission and a vibrant civil society are the ultimate guarantors of the protection of human rights in any country. But the current situation in Nepal is one where it has been agreed that an independent international monitoring of the human rights situation is necessary, which is the role of my office.
4) How could your mission help in protecting civilians, including women and children, from the conflict and ensuring children’s right to education, among others?
We will be setting up an office in each region in order to be closer to reports of human rights violations. Under the agreement, the Office will engage all relevant actors, and this will be at local level as well as in Kathmandu. We will expect the cooperation of both the security forces and the CPN-Maoists to make it possible for us to investigate the most serious violations, wherever they occur. The Office will work closely with local human rights defenders, including the press, in carrying out its investigations. In the words of the agreement, we will maintain “impartiality, independence, objectivity and transparency” in all the work of the office. The protection of all Nepalis, particularly civilians, is paramount, as is trying to ensure a return to normalcy for the many thousands of women, children and families who have been hard hit by this crisis. A human rights monitoring presence cannot provide physical protection, but as the High Commissioner has noted, we hope that UN human rights monitoring will be an important step in establishing accountability for human rights abuses and thus help prevent serious human rights violations.
We will bear constantly in mind in our own work that women and children are among the foremost victims, and will work closely with agencies and NGOs which have particular mandates to contribute to their protection, including UNICEF within the UN family.
5) You have said it is not your mandate to facilitate between the government and Maoist insurgents. How do you hope to contribute to peace process by helping build confidence between the warring parties?
I have been making very clear that my mandate is confined to that one of human rights monitoring and assistance, but I certainly believe that if we can contribute to an improvement in the human rights situation, it can be a positive factor in the overall path to peace. That’s been the experience in other countries. The Secretary-General has made
it clear on a number of occasions that the United Nations is willing to offer its services to assist Nepal towards peace. My mandate is to contribute to an improvement in human rights situation, and if by decreasing the level of violence and increasing the level of confidence we can contribute to peace, then so much better. nepalnews.com dr May 17 05
(Editor’s Note: Nepalnews will continue this column by talking to officials, professionals, politicians, businessmen, diplomats, those who make outstanding achievements in their chosen field and newsmakers. Please post your suggestions/comments to feedback@mos.com.np )
Archive
