MAOISTS
Un-kept Promises
Maoists come under criticism for not allowing safe return of IDPs
By A CORRESPONDENT
Not only other parties like the Nepali Congress (NC) and Unified Marxist Leninist (UML), but also the UN human rights body has criticized the Maoists for failing to keep promises regarding allowing the Internally Displaced Persons (IDPs) to return to their homes safely.
In recent NC meetings, central leaders including its vice president Sushil Koirala has asked the Maoists to return all the seized properties and allow safe return of displaced persons.
The UML leaders including general secretary Madhav Kumar Nepal have also asked the Maoists to end their violent politics for good.
However, the Maoists have not abandoned the politics of intimidation as it was clear when they refused to hand over vehicle with illegal number plate in Kathmandu to the police.
On Monday (April 30), the Office of the High Commissioner for Human Rights (OHCHR-Nepal) issued a statement criticizing them for failing to meet commitments to allow safe return of IDPs.
"OHCHR-Nepal has concluded that in many parts of Nepal, CPN-M local cadres are not complying with the Party's formal commitments to allow displaced persons to return in safety and to give back all their property and land," it said.
"Since OHCHR was established in Nepal in May 2005, the Office has advocated with the Government and the CPN-M to respect IDPs' rights to voluntarily and safely return or to fully reintegrate where they are currently living. Both parties have repeatedly made that commitment. However, OHCHR's regular monitoring activities in rural areas in recent months indicate a failure to implement such central-level commitments, due to the attitude and activities of village-level CPN-M cadres as well as the failure of district level CPN-M leaders to hold cadres accountable for not allowing or facilitating safe and sustainable return of IDPs," the OHCHR has said.
"While welcoming the CPN-M's recent commitment to return land and property, OHCHR underlines that the safe and sustainable return of all IDPs will not be achieved only by the return of property, particularly in mountain and hill districts. On recent field missions to hill districts, OHCHR has noted that many IDPs have not returned home due to fear of CPN-M local cadres. The Office has also received reports of persons trying to return but being chased away, and in some cases, beaten up by local CPN-M cadres.
OHCHR has also observed in many areas an absence of neutral and independent law enforcement, de facto CPN-M control of government and society and limited freedom to associate with and campaign for political parties other than the CPN-M. This is not a conducive environment for the return of IDPs."
OHCHR is also concerned that some local CPN-M cadres expect returning IDPs to "account for past wrong-doing" once back in their village, for example by appearing before "people's courts". Such conditions are not part of the November 2006 Comprehensive Peace Agreement and constitute an obvious deterrent to return.
"In conversations with CPN-M leaders at different levels, OHCHR has noted a common CPN-M claim that displaced persons are "feudals" and "criminals". When exploring such claims further, OHCHR has often found that such individuals are land owners or political leaders from other parties. However, if there are any individuals who are believed to have committed crimes, they should be dealt with by the justice system," the statement adds.
"CPN-M leaders have long pledged to permit displaced people to return to their homes and to also return all of their property to them. Now that they are part of the Interim Government it is time for them to prove that they have the will to ensure that those promises are transformed into action at the local level," said Lena Sundh, Representative of the OHCHR-Nepal.
FNJ, IFJ support agitating journalists
The journalists of Nepal One television who have launched agitation against the management demanding appointment letters, fixed working hours, regular payment of salaries and so on have received support and solidarity from the Federation of Nepalese Journalists (FNJ) as well as International Federation of Journalists (IFJ).
The FNJ, on Thursday (April 26), urged the management of Nepal One channel to address the legitimate demands and concerns raised by the journalists working there.
FNJ president Bishnu Nishthuri said the federation was fully behind the agitating journalists. FNJ general secretary Mahendra Bista urged the government to become serious about journalists' demand and warned that FNJ will take stringent measures if the management did not choose to find way out through talks. The journalists have put forth 20-point demands.
Earlier, the IFJ president Christopher Warren wrote a letter to the channel's chief Nalini Singh at its head office in New Delhi drawing attention to the demands including 'appointment letters' raised by the journalists working in the channel.
In his letter, Warren has said that guarantee of fundamental rights like giving appointment letters, fixing working hours, payment of regular salaries would help to achieve sustainable journalism.
One Year of Loktantra: HR Perspective
A year after the restoration of Loktantra, OHCHR-Nepal office has assessed the achievements and challenges from human rights perspective.
“Last April, tens of thousands of people took to the streets to demand a return to democracy and respect for human rights. The subsequent ending of hostilities, the signing of the peace agreement, drafting of an interim constitution and the formation of the Interim Government are all major political achievements which have had an impact on human rights,” it said.
It, however, noted that there were still many challenges remaining. “One of the most pressing needs is to address accountability and the right to justice of the many who have suffered violations or abuses at the hands of the State or the CPN-M, both during and after hostilities. Probe commission reports such as that of the Rayamajhi Commission have never been made public or their recommendations implemented. No meaningful steps have yet been taken to determine the whereabouts and fate of the “disappeared”; and the perpetrators of serious human rights violations continue to enjoy total impunity.”
“Establishing the rule of law is essential to ending impunity, as well as to ensuring respect for a broader range of human rights. By starting a process of change, the Government and political leaders have demonstrated courage and a willingness to address certain critical human rights issues. Bringing about deep and meaningful change to strengthen human rights protection in the long term takes time and requires the collaborative efforts of all sectors of Nepalese society. With political will, there is much that can be done in the short term to satisfy the human rights aspirations of the Nepalese people. Creating an environment for the elections with adequate security, and without fear, intimidation or violence must be a priority. This is the responsibility of all political leaders, but especially the Government. Law enforcement agencies have a special role in ensuring these conditions.”
“OHCHR-Nepal would like to pay tribute to the role played by human rights defenders both during and after the Jana Andolan. They continue to be vital partners for the Office in its daily work. The National Human Rights Commission (NHRC) remains one of the most important human rights bodies in Nepal. OHCHR-Nepal again urges the Government to act quickly to appoint new Commissioners so that the NHRC can fully play the key role that it should in promoting and protecting human rights throughout the peace and electoral process.”
“The progress that has been made in human rights must not be taken for granted. There is much more which needs to be done, with many challenges lying ahead. OHCHR-Nepal reiterates its commitment to do all it can to assist in strengthening the protection of human rights in support of the peace and electoral process,” said Lena Sundh, Representative of the OHCHR-Nepal.
