Human Rights (Spotlight Weekly)

Human Rights Defenders Under Threat

Human rights defenders in Nepal have found themselves on the front line of the country's human rights crisis.

As a result of their efforts to investigate reports of widespread human rights violations committed by members of the security forces and the Communist Party of Nepal (CPN) (Maoist) in the context of the armed conflict they have often found their lives, and those of their families, in danger from both sides. Many human rights defenders have been arbitrarily arrested; some have been tortured or ill-treated; others have been abducted and killed or "disappeared".

Nepal for over a decade has had a vibrant human rights movement with its roots in a strong civil society. Amnesty International itself established its first office in Kathmandu in 1971. Another of the older human rights groups was established in 1988 followed by several new organizations, which began functioning openly from 1990 onwards, after the restoration of democracy. The National Human Rights Commission (NHRC) was established in June 2000 to monitor human rights abuses throughout the country. These organizations and other human rights defenders such as lawyers and journalists have been at the forefront of investigative work into reports of human rights abuses, often at great risk to the individuals concerned.

In response to the conflict, the country's security forces have launched a counter-insurgency campaign, which has resulted in reports of large-scale arbitrary arrests, detention and "disappearances", extrajudicial executions and torture including rape, all carried out with impunity. Members of the CPN (Maoist) have also been responsible for grave human rights abuses including assassinations of political opponents and other civilians including teachers and journalists, hostage-taking, torture and mass abductions of school students and teachers.

Weak government institutions together with a lack of respect by the authorities for the work of human rights organizations including the NHRC, has contributed to a climate of impunity throughout the country.

Background

A human rights crisis has gripped Nepal as a result of an eight-year-old conflict between the government of Nepal and the CPN (Maoist), which declared a “people’s war” in February 1996.

Thousands of people - suspected by the authorities to be members or supporters of the CPN (Maoist) - have been arbitrarily arrested and detained and hundreds remain “disappeared”.

They include human rights defenders such as lawyers, journalists reporting on the conflict, members of human rights groups, women and activists campaigning for the rights of socially and economically deprived ethnic groups and castes. Scores of civilians have also been abducted by the CPN (Maoist), including some human rights defenders; some have been killed and the whereabouts of others are unknown.

Reports of grave human rights abuses by both sides to the conflict have continued since the collapse of a ceasefire in August 2003. Under the unified command of the army groups of security forces personnel, often in plain clothes instead of uniform, have arrested people suspected of Maoist activities and taken them to barracks or police stations in Kathmandu and other districts, where they are held incommunicado. Former detainees held in army custody have reported that they were kept hooded for the entire period of their detention and were therefore unable to identify the barracks or premises where they were held. Several reported being subjected to torture and ill-treatment during interrogation. Several former detainees reported that they were threatened by the security forces not to make public the kind of treatment they were given during the time they were held in custody or they would face severe consequences.

Most detainees suspected of Maoist activities are held under the Terrorist and Disruptive Activities (Control and Punishment) Act (TADA) 2002 which gives the security forces the power to arrest without warrant and detain suspects in police custody for up to 60 days for the purpose of investigation and up to 90 days in preventive detention, without being presented before a court. The TADA was first introduced as an Ordinance on 26 November 2001 following declaration of the State of Emergency and was passed as an act in April 2002 for a period of two years. It was renewed by royal ordinance on 9 April 2004.

Human rights abuses against human rights defenders

The NHRC, a statutory body, was established under the National Human Rights Commission Act of 1996 and its members were appointed four years later in May 2000. According to its mandate, it can independently investigate complaints of human rights abuses, and make recommendations to the government for the effective implementation of international human rights treaties to which Nepal is a state party.

The work of the NHRC was initially hampered by insufficient financing and staffing and a lack of cooperation from the authorities, particularly the defence and home ministries and the security forces. More recently, with the assistance of the international community to improve its capacity and resources, it has tried to address the deteriorating human rights situation in the country in the context of the armed conflict by sending fact-finding teams to all five regions to verify reports of human rights abuses.

Amnesty International continues to be concerned about the lack of cooperation extended to the NHRC and the Supreme Court by the government, civil service and security forces. Following a Supreme Court order to the NHRC on 31 May 2004 to try and establish the whereabouts of student leader, Krishna K C, who was arrested by the security forces in September 2003, NHRC staff members were denied entry by the RNA to the Bhairabnath Gan army barracks in Maharajgunj, Kathmandu.

In the course of their work, lawyers and staff members of human rights organizations, including the NHRC, have also received anonymous threatening telephone calls from people believed to be members of the RNA or supporters loyal to them.

Lawyer Bal Krishna Devkota came under suspicion by the RNA in connection with his work as part of an NHRC monitoring team investigating reports of human rights abuses in the western region. Security forces personnel in plain clothes arrested him from his home in Kathmandu on 21 February 2004. He was blindfolded and held at an unspecified army barracks for five days where he was questioned about why he had volunteered to join the NHRC investigation team. He was also subjected to other detailed questioning about the activities of the NHRC, highlighting the deep suspicion under which this statutory body is regarded by the RNA.

Lawyers have frequently come under suspicion by the authorities because of their work investigating reports of human rights abuses or representing people who have been detained under the TADA on suspicion of supporting the activities of the CPN (Maoist).

Journalists working on human rights have been also been targeted by both the security forces and the CPN (Maoist), because of their work reporting on human rights abuses during the armed conflict. Three journalists have been killed and two abducted by the Maoists, since the breakdown of the cease-fire in August 2003. Dozens of journalists have been arrested and detained by the security forces during the same period and six remain “disappeared”.

(Excerpts of a recently released report by the Amnesty International-Nepal)