On YCL Excesses
The UN rights body comes down hard against Maoist-affiliated YCL for rights abuses
By A CORRESPONDENT
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Prachanda : Under pressure |
The Young Communist League (YCL), which the Maoists formed less than six months ago, has earned a dubious distinction very rapidly due to its use of intimidation and utter disregard to rule of law. Although it has tried to earn public sympathy by engaging in social works like city clean ups, the YCL has earned very few friends outside of its party circle.
Last week, the OHCHR-Nepal Office released its report on YCL activities and their rights abuses. The report, which was also handed over to Prachanda, was prepared after carrying out extensive monitoring and investigations in the districts.
”OHCHR-Nepal has noted with concern that reports of YCL and other CPN-M abuses have started to increase again particularly since mid-April this year. The level and type of YCL activities and reported abuses vary from district to district. Most of the reports of disruption of political and other activities have been received from the Western Region, though some also in the Central and Eastern Regions. Violence related to land issues has largely been reported in the Far and Mid-Western Regions. The highest number of abductions occurred in the Western and Central Regions.”
The report says that many of the abductions recorded in the report occurred within the context of YCL "law enforcement" activities. According to OHCHR-Nepal's information, some 24 individuals have been abducted since 28 May alone. They were taken to places which were not official detention centers, interrogated, in some cases beaten and threatened before being released or handed over to police after a short period in captivity.
The YCL has justified these actions on the grounds that the police are not taking action against criminals. “While there are legitimate concerns regarding the weaknesses of law enforcement agencies and other state institutions, as well as regarding delays in implementing the provisions of the Comprehensive Peace Agreement (CPA), these arguments cannot be used to justify actions which amount to human rights abuses. These abuses violate international human rights law, the CPA and domestic law such as the Interim Constitution.”
The OHCHR report adds that the human rights abuses committed by the YCL are contributing to a climate of fear and intimidation. “They also act as a constraint on legitimate political, journalistic and other activities particularly related to freedom of expression and assembly.”
The report says that despite commitments expressed by Maoist leadership to check YCL excesses, there has so far been “little improvement and indeed over the past few weeks allegations of abuses appear to have increased.”
OHCHR-Nepal recommends in the report that the CPN-M and YCL leadership must give clear directives to the YCL to stop abuses and that they will not be tolerated.
“In addition to any internal disciplinary measures that may be accountable by the State authorities, police must be instructed to intervene to prevent and investigate any kind of violence or abuse whether by the YCL/CPN-M, by state agents or others, and to arrest and investigate those responsible,” the report adds.
TRUST FACTOR STRESSED
In her statement to the press on June 22 before she returned after wrapping up her tenure as chief of Office of High Commissioner for Human Rights – Nepal, Lena Sundh stressed on the importance of trust factor among the parties.
“The lack of trust and dialogue contributes to an environment of confrontation in which violence frequently occurs. The lack of trust also makes it more difficult for the parties to join together and take difficult, but necessary decisions on how to proceed in the implementation of the process leading up to the Constituent Assembly election, including many issues of utmost importance to human rights.”
Sundh expressed that success of peace process will depend to a large extent on how Nepal's political leaders, and its many different traditionally marginalized groups, are able to resolve legitimate claims to fair representation and participation in the State.
“There must be a genuine framework for dialogue, which addresses both the urgent issues related to an electoral system which is broadly acceptable to all groups, and which provides a process for dealing with longer term issues. Traditionally marginalized groups must also commit themselves to only peaceful means of advocacy and protest, and also work to ensure that their communities understand that while it must start now, lasting change must take place over time,” she stated.
