Right Turn
The latest report of Human Rights Watch (HRW) notes marked improvement in rights situation
By A CORRESPONDENT
The global human rights watchdog agency based in the United States has said that the human rights situation in Nepal improved markedly after April change. In its World Report 2007, the Human Rights Watch (HRW) has stated that "civilian casualties directly caused by the conflict dramatically declined, as did human rights abuses such as extrajudicial execution, arbitrary detention, and torture."
The report adds that the removal of restrictions imposed by King Gyanendra after seizing power on February 1, 2005 , also significantly improved the ability of Nepalese to exercise freedom of speech and association.
However, the report takes note of complaints made by the human rights activists of Nepal that the peace agreement did not create any effective monitoring or implementation mechanisms to address violations by both sides.
"The issue was particularly relevant because both warring parties, and particularly the Maoists, regularly violated the letter and spirit of the ceasefire code of conduct they had signed on May 26, 2006 . Despite changes in leadership, the Nepali Army failed to cooperate with investigations about the fate of hundreds of "disappeared" Nepalese and the government failed to properly investigate or prosecute a single case of extrajudicial execution, "disappearances", and torture," the report states.
The report criticizes Maoist forces for not releasing any of the thousands of children under age 18 believed to be serving in their ranks and ongoing recruitment campaigns throughout the country. "Their (Maoists) commitment to the contrary notwithstanding, the Maoists continued to intimidate and restrict the activity of political activists from competing political parties, including more than a dozen cases in which political activists were allegedly killed by Maoist cadres throughout Nepal."
The report also notes that concerted international pressure made a difference in promoting greater respect for human rights by both government forces and by the Maoists, "both of which curtailed some of their worst behavior in order to maintain international support."
The report argues that despite positive changes since April, ongoing human rights violations by both sides nevertheless contributed to concerns that those in power would again trample the human rights of ordinary Nepalese.
"The new government and the Maoists agreed to a Ceasefire Code of Conduct that includes several references to international human rights standards and the laws of war. However, the code of conduct lacks specific language about implementation or penalties for infractions. A National Monitoring Committee began monitoring the Code of Conduct in August, but at this writing it had not established its credibility and independence."
The report also accuses both sides for failing to institute accountability for past violations by their troops. "The Maoists freed some of those responsible for a 2005 bombing attack in Chitwan, which killed 35 civilians and injured dozens of others, after sentences of two to three months of "corrective punishment." The UN's Office of the High Commissioner for Human Rights (OHCHR) monitoring mission complained of ongoing failure by the renamed Nepali Army (formerly the Royal Nepali Army) to honor its commitment to provide access to documents related to disciplinary procedures and courts martial. In one of the most egregious instances, the army has actively obstructed attempts to investigate the death of Maina Sunuwar, a 15-year-old girl who was killed shortly after she was taken into custody by the army in 2004. Although the Ceasefire Code of Conduct commits both parties to publicize the whereabouts of citizens who have been "disappeared," some 800 people remain unaccounted for at this writing," the report states.
“ Nepal ranks near the bottom of nearly all indexes of human well-being and development. Aggravating the problems of Nepal ’s already impoverished population, the decade of conflict seriously hampered aid distribution, health care and education. Economic disruptions caused by fighting and frequent blockades and checkpoints have curtailed food production and distribution, resulting in high rates of malnutrition and associated childhood maladies. Conditions are particularly bad for people displaced by the fighting and attendant economic problems, believed to number in the tens of thousands,” the report states.
The HRW also expresses concern that many displaced person are yet to be allowed to return home. “After the ceasefire and the commitments made by the Maoists some displaced Nepalese returned to their homes, but thousands of others remained displaced, not returning because of a fear of reprisals or ongoing repression by Maoist forces.”
Unexploded ordinance and mines, mostly left behind by the Maoists, continue to injure civilians, particularly children.
