1. On behalf of your organization, how are you observing the current situation of peace process and human rights in Nepal ?
The signing of the Comprehensive Peace Agreement (CPA) brings with it important opportunities to guarantee an end to human rights abuses in Nepal , and to ensure that discrimination and social exclusion for millions of Nepalis becomes a thing of the past. The human rights commitments of the Government and the CPN-Maoist in the CPA build upon previous agreements, and provide the framework to ensure that human rights remain central to the peace process. Now it is essential that all parties guarantee that their cadres fulfill these commitments on the ground.
OHCHR-Nepal continues to be concerned about certain pressing human rights issues.
The pattern of abductions, ill-treatment and torture as well as the recruitment of children, by cadres of the CPN-Maoist must be brought to an end. The leadership of the CPN-Maoist has a responsibility to ensure its cadres in the districts and villages implement their commitments to end these activities and to respect human rights.
Ending impunity is another vital step. This means bringing to account - including through prosecutions - those responsible for past serious human rights violations and abuses by the State security forces and by the CPN-Maoist. Unless this is done, ordinary Nepalis will not be able to trust that the rule of law prevails in Nepal and those entrusted with maintaining law and order, and State security, will continue to consider themselves above the law.
The commitments of the parties to the CPA provide Nepal with an unprecedented opportunity to address issues related to longstanding discrimination and social exclusion. OHCHR-Nepal is concerned, for example, that women must be able to play an active role in decision-making bodies at all levels of society through the peace process, in accordance with the principles of UN Security Council Resolution 1325. The human rights of members of communities who have been traditionally marginalized in Nepal will be best protected when those communities - Dalits, indigenous communities and Madhesis, among others - are represented in key state institutions.
2. In your outlook, what could be the further effective steps to be taken by political parties, civil society, and general people for making Nepal a permanently peaceful country?
Building lasting peace is a process that takes time and commitment from all aspects of society.
The State has key responsibilities. Re-establishing the rule of law is a vital step. This means ensuring that the police are redeployed across the country and that they are adequately resourced and trained to maintain law and order, with full respect for human rights. It also means developing a fully functioning criminal justice system to which all have access.
As already mentioned, accountability is also essential to send a clear message to those responsible for law and order, and State security, that human rights violations will not be tolerated, and so prevent a repeat of abuses in the future.
Political parties face a great challenge in the period ahead, to ensure that they fulfill their commitments, not least to respecting human rights. As we approach the Constituent Assembly elections, it is essential that all political parties respect the principle of political pluralism and ensure a peaceful political campaign free of violence, intimidation or fear.
Political parties are also faced with the challenge of ensuring that they are truly representative of all Nepalis. UN Security Council Resolution 1325, which was passed in the year 2000 and which sets out key principles related to women's participation in peace building. Women must be active players in this peace building. Nepal cannot afford to ignore half its resources as it goes about the great task of peace building. For political parties, this means the challenge of making sure that their party lists for Constituent Assembly elections include significant representation of women.
Civil society is a key player in this process of building lasting peace. Human rights NGOs across the country will need to be active and vigilant in monitoring the human rights situation in the coming months, especially in regional and rural areas. OHCHR-Nepal works very closely with human rights NGOs, and this partnership is essential to our joint effectiveness.
Nepalis from all backgrounds and walks of life have a key role to play as peace builders, in villages, towns and cities across the country. It is very important that Nepalis who have historically been marginalized, often due to deep seated discrimination, are able to fully participate in this historical process of building democracy.
3. What mechanism do we need to apply to find the whereabouts of large numbers of disappeared people and to end impunity? And what could be the mechanism to rehabilitate large number of conflict displaced people made by the State and the Maoists during the 10-year conflict?
OHCHR-Nepal continues to call for an independent commission to resolve all cases of disappearance. The 8 November decisions of the Seven Party Alliance and the CPN-Maoist committed the parties to establishing such a commission, and the CPA affirmed these previous decisions. It is essential that such a commission be established without delay and that it complies with international criteria for setting up such bodies.
Thorough and independent investigations into all allegations is a first step to ending impunity. At the moment, police often do not register First Information Reports or undertake proper investigations into cases. Prosecutions should follow, where sufficient evidence is found. It is important not only to focus on the period from February 2005, but to investigate violations throughout the conflict.
The commitment, made in the CPA, to establish a Truth and Reconciliation Commission can be a positive step to contributing to an end to impunity. To be effective, such a commission should only be established after extensive public consultations on its mandate, and membership. It will be important that the Truth and Reconciliation Commission be complemented by credible prosecutions, and other measures such as reparations to victims and thorough security sector reform to ensure respect for human rights in the future.
All parties must respect the right of persons who have been displaced by the conflict to return to their homes, if they wish to do so. The Government has a special responsibility to develop assistance programmes to support this process. This must not be delayed - allowing people to return to their homes safely and with dignity will be a significant contribution to peace building at the local level, and is a necessary step in preparations for Constituent Assembly elections. This return process must be sustainable, which means that there must be adequate basic services and minimum access to livelihood opoportunities.
4. What will be the forthcoming role of the United Nations to the well functioning of the Comprehensive Peace Accord signed on 21st Nov, 2006 between the Nepal Government and Maoists for sustainable peace in Nepal?
This is more a question for Ian Martin, who is the Personal Representative of the Secretary-General in support of the peace process in Nepal . He is the person to give details about precisely how the UN will provide assistance.
The CPA gives OHCHR-Nepal a clear mandate to monitor the human rights provisions of the agreement and it requires the parties to implement recommendations made by OHCHR and other monitoring bodies. OHCHR will focus on monitoring the human rights situation in the regions and districts. We will work closely with civil society, with local authorities and with all parties to ensure that the commitments to respect human rights are implemented at the local level.
5. On behalf of your organization, what will be your message to Nepalese people on the occasion of the 58th International Human Rights Day, 10th Dec, 2006?
The Nepali people celebrate International Human Rights Day this year at a time when there is a great opportunity to ensure that human rights remain at the centre of the implementation of the peace process. The Government and the CPN-Maoist have made this commitment in the CPA, and by doing this they recognise that the protection and promotion of human rights is an essential part of building peace at the community and national level. It is now up to all Nepalis - political parties, organizations, individuals and communities - to contribute to building peace, with respect for human rights as the cornerstone.