Representative of the United Nations High Commissioner for Human Rights in Nepal

1. You have only recently taken up your post as Representative of the UN High Commissioner for Human Rights. How do you see the human rights situation in Nepal today, particularly civil and political rights?

Nepal faces many human rights challenges. Inadequate public security and the impact that can have on human rights is undoubtedly one of them. For example, there are frequent cases of violence in the Terai followed by, often, the lack of appropriate response from security forces. Many armed groups have demonstrated that they are prepared to use violence and intimidation.

Accountability for human rights violations and violations of International Humanitarian Law and other international crimes is a long-standing human rights challenge that has shown few signs of improvement since OHCHR was established in Nepal in May 2005. Nepal also faces an inadequate law enforcement response and a justice system that is not fair or effective. In the Terai, for example, the lack of a consistent response by the State to criminal actions has created a crisis of confidence among the general public and in some areas a state of fear.

The future election process will highlight one of the major human rights challenge facing this country – ensuring that groups that have been historically marginalized in Nepalese society, and women, are adequately represented. This means that members of these groups must have the opportunities not only to vote according to their own wishes but also to participate in all aspects of the pre-election campaign process. And, in order for the elections to be truly inclusive, members of these groups must be represented in the Constituent Assembly.

2. What will be your priorities during the next two years of OHCHR’s mandate?

The Office plans to address concerns over human rights and security in a series of meetings with officials of the Nepal Police and Armed Police Force. Discussions are likely to include the need for a consistent and effective response from law enforcement agencies to criminal activities, one that respects the due process of law. OHCHR-Nepal would also remind the security and law enforcement agencies of their obligations under international law to respond to violence, particularly during political protests, with minimum necessary force.

In the coming months OHCHR-Nepal will also increase its efforts to assist in building the capacity of organisations that represent marginalized groups, and will monitor the inclusion of such groups into the society. Concerning monitoring, we are currently conducting research missions in various districts to collect information about access to justice for Dalit women. OHCHR also continues to investigate some 200 cases of disappearances in Bardiya district during the conflict. In many cases, victims were from the indigenous Tharu community.

This Office will also continue to urge the Government and the CPN-M to hold accountable those responsible for past human rights violations. The Supreme Court’s decision of 1 June 2007 on disappearances gave hope that calls for truth, justice and reparations for families of the disappeared would be heeded, but the government has yet to implement the court’s directive to set up a commission of inquiry based on international human rights standards.

Another important focus of OHCHR-Nepal’s activities will be strengthening the capacity of national institutions and civil society for the protection of human rights. This includes first, continued support to the NHRC, an essential partner. I will say more on this later. Civil society, in particular human rights defenders, plays a key role in promoting and protecting human rights in Nepal. One of this Office’s priorities will be to continue assisting them and to support an environment in which human rights promotion and protection can take place effectively. This will include working with civil society to build networks and be able to coordinate their activities so that they can most effectively address human rights concerns.

In coming months, OHCHR-Nepal will also encourage the Government to meet its obligations to mainstream human rights in all its institutions, including the police, Army and judiciary.

3. What would be the role of OHCHR to find the whereabouts of the large number of people disappeared during the decade long conflict and to end the culture of impunity in Nepal?

Concerning disappearances, I think the strategy should be that of the government supported by the international community, including our office. And we have already expressed concern about the government’s proposed commission of inquiry into disappearances. We do support the establishment of a commission of inquiry consistent with international standards and consistent with the decisions of the Supreme Court.

Ending impunity will require further strengthening of the legal framework. For example, OHCHR-Nepal has already made known to the Government its concerns concerning the Army Act of 2006. While the Act provides for the exclusive jurisdiction of civilian courts in cases of rape and murder, it gives courts martial jurisdiction over cases of torture and disappearance, with the possibility of appeal to the Supreme Court. It may also allow the military, not civilian courts, to exercise jurisdiction over Nepalese Army personnel who commit other serious human rights violations. This Office will continue to urge the Government to amend the Act, and to recommend the ratification of the Rome Statute of the International Criminal Court.

4. Many international organizations have been pushing for the establishment of transitional justice mechanisms, like a Truth and Reconciliation Commission. But as recent events have shown, the peace process is already extremely fragile. Wouldn’t a TRC endanger the peace process even further?

The creation of a TRC is a very important initiative that can assist a nation in building a culture of peace and reconciliation based on truth, justice and reparation. It should provide an opportunity for the people of Nepal to address the past so as to identify the root causes of the armed conflict. It is also an opportunity for meaningful justice for the thousands of victims of the violence, and their families by bringing to account the perpetrators of serious human rights violations and violations of international humanitarian law.

UN High Commissioner for Human Rights, Louise Arbour, acknowledged on her visit to Nepal earlier this year that efforts to address accountability issues often pose significant political and technical challenges, and might even encounter resistance on the part of key actors. She added, “The temptation to leave the past alone can therefore be great. But international experience is sobering and its lessons should not be forgotten – the potential risks of ‘selective amnesia’ can seriously threaten the democratic gains achieved and profoundly jeopardize the sustainability of peace.”

5. Commissioners have finally been named to the National Human Rights Commission. OHCHR-Nepal’s mandate includes building the capacity of the NHRC. How will you do that with the new commissioners?

First, I would like to emphasize how important these appointments are. The NHRC operated for more than one year without commissioners, at a crucial time when it should have been taking a leading role in promoting and protecting human rights. There is now an opportunity to develop the NHRC into a credible human rights institution that maintains its independence and upholds national and international human rights standards. Fortunately, NHRC already has a nationwide infrastructure and staff, which form a solid basis for strengthening the institution under the leadership of the new commissioners. I have already met the new Commissioners and have begun discussing how OHCHR and the NHRC can work together in the future.