NEPAL'S NATIONAL HUMAN RIGHTS COMMISSION FLOUNDERS

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 001465

SIPDIS

LONDON FOR POL/RIEDEL

E.O. 12958: DECL: 07/25/2012
TAGS: PHUM PGOV SOCI PTER PREL NP
SUBJECT: NEPAL'S NATIONAL HUMAN RIGHTS COMMISSION FLOUNDERS
AS MEMBER EJECTED FOR ETHICAL PROBLEMS


Classified By: Ambassador Michael E. Malinowski, Reasons 1.5 (b),(d).


1. (C) Summary: A founding member of Nepal's National Human
Rights Commission (NHRC) was suspended from the body on July
24 for "behavior unbecoming the glory of the post." The
incident underlines serious flaws in the NHRC: members'
strong political affiliations have led to a polarization of
the body, a lack of impartiality, and infighting. Perceived
Maoist sympathies have created a distrust of the NHRC in the
government, fueling non-cooperation and underfunding.
Because of conflicts between members, lack of support from
the government, and competing pressures from the human rights
community, the NHRC has been largely unsuccessful in its
efforts to alleviate human rights problems in Nepal. To be a
more effective body, the Commission requires increased
funding, changes in the appointment process, and a renewed
commitment by its members to the principles of impartiality
and transparency. End Summary.

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Founding Member Booted Off
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2. (C) The July 24 suspension of National Human Rights
Commission (NHRC) member Kapil Shrestha has brought to light
the weaknesses and internal conflicts that plague Nepal's
NHRC. According to press reports, both an NGO activist and a
former NHRC employee had charged Shrestha with ethical lapses
which included "misbehaving" with a Dalit woman. (Note:
Dalits are a low-caste group widely discriminated against in
Nepal. End Note.) Rumors of this indiscretion, which
reportedly took place while Shrestha and the woman were
abroad at an international conference, had been circulating
in the capital for some time. Shrestha has denied the
allegations. The other NHRC members decided amongst
themselves to suspend Shrestha and refer his case to the
Speaker of the House of Representatives for action on his
continued tenure. (Note: Ordinarily, the House's Human
Rights Committee would take up the case, but Nepal's
Parliament has been dissolved pending new elections later
this year. End Note.)

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Only Two Years Old, Human Rights Body Riven By Conflict
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3. (C) The Commission has been steeped in controversy since
its beginnings. Mandated by an Act of Parliament in 1997, it
was not established until June 5, 2000 following a massive
campaign by the human rights community. Commission members
are appointed by the King on the advice of a Recommendation
Committee made up of the Prime Minister, the Chief Justice of
the Supreme Court, and the leader of the opposition party in
the House of Representatives. Though appointed by political
parties, the appointees are supposed to maintain neutrality.
The NHRC carries out its mandate through the conduct of
inquiries and investigations and by undertaking research and
education initiatives.


4. (SBU) The NHRC's founding membership consists of Chairman
Nayan Khetri, an elderly man described by members as unable
to make strong decisions; Indira Rana, a moderate with links
to the Nepali Congress Party and a good track record for
transparency; Sushil Pyakurel, a opposition-party-affiliated
radical with a long history of far-left activism; and Gouri
Shankar Lal Das, a pre-democracy era public health official
who has remained almost invisible in NHRC activities. Kapil
Shrestha, the suspended founding member, is a self-proclaimed
"independent" who has been increasingly at odds with other
members.

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Politicization and Infighting
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5. (C) According to the members themselves, the NHRC is
seriously flawed on account of its members' polarized
political leanings. This polarization has led to partiality,
infighting, and low productivity. Founding member Indira
Rana views that NHRC members are divided along party lines
and are therefore reluctant to investigate allegations made
against members of their own parties. The Commission's
impartiality and credibility have been impaired as a result.
Members admitted to us that they had difficulty being
impartial in large part because they obtained their positions
at the recommendation of political party representatives.


6. (C) Rana added that political differences have led to
infighting between Commission members and staff. Conflict is
a constant issue in the NHRC, and it was arguments over work
that led to the accusations that forced Kapil Shrestha's
suspension. Infighting and the questionable behavior of some
members has hurt the NHRC's reputation at a time when trust
and support is vital to its survival, Rana stated. Rana also
feels marginalized and overruled by the increasing
assertiveness of members Sushil Pyakurel and, before his
suspension, Kapil Shrestha.


7. (C) In an interview not long before his suspension, Kapil
Shrestha acknowledged the deep animosity between Commission
members. After his suspension, he declared the action taken
against him "a consipracy." Shrestha also admitted to us
that the NHRC tends to take a sympathetic attitude towards
the Maoists, particularly in the last six months. This, he
said, was due to the dominance of left-leaning members.


8. (C) Prakash A. Raj, a well-respected professional writer
who worked for the NHRC on its annual human rights report,
quit for this very reason. He says that the five team
members assigned under him were appointed by Sushil Pyakurel,
a Communist Party-affiliated member. Raj believes that one
team member was secretly a Maoist. Raj quit because his team
refused to emphasize Maoist human rights violations in the
report and was trying to move the content away from the
insurgency entirely. He says that the Commission's political
leanings prevent it from taking a balanced view of human
rights conditions.

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Government Mistrust
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9. (C) Initially reluctant to establish the Commission, the
government has provided only minimal funding since its
establishment. Even so, last year,s allocation was the
largest so far at Rs. 5.6 million. According to Kapil
Shrestha, the NHRC has to cope with a "largely
non-cooperative response by government workers." He ascribes
an adversarial relationship between the NHRC and the rest of
the government to the fact that Commission members have been
unable to shed their party affiliations, which draws its
credibility into question. He also notes that the Chairman,
Nayan Khatri, a pre-democracy era politician, has no
relationship with political leaders, and so those leaders
have no confidence in the NHRC. Moreover, some members say
that apparent Maoist sympathies have created mistrust of the
Commission in the government, which feels overly criticized
by the body. They add that the Commission's lack of
objectivity has resulted in widespread doubts about its
credibility. A number of high-ranking military and police
officials have told us of their belief that Sushil Pyakurel
and his brother, a human rights activist, are covert Maoists.

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Relationship With NGOs Strained
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10. (C) Inadequate government funding has forced the NHRC to
seek the help of a variety of NGOs, further compromising its
impartiality, says Kapil Shrestha. According to him, because
of the influence that comes along with NGO funding,
information, and research, "impartiality on a number of
occasions has been compromised." In general, the NHRC has a
very close relationship with Nepali NGOs, and relies on them
for the bulk of its information regarding human rights abuses.


11. (C) The human rights community as a whole has
unrealistically high expectations for the NHRC and expects it
to take over much of their own duties, according to the
British Embassy's Human Rights Officer. Indira Rana agrees
that some NGOs are "not holding up their end" by providing
consistent and accurate reporting, and they expect the NHRC
to make up the difference. Krishna Pahadi of the Human
Rights and Peace Society (HURPES) expressed the view that
certain members of the Commission were not responsive to NGOs
and would "cover-up" issues. He reports that HURPES will
help strengthen the Commission only when the issue of its
credibility and competence have been resolved.

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Limited Accomplishments, "Judicial Teeth"
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12. (C) The NHRC has repeatedly failed to submit reports on
time or at all, to account for the money they have received,
and to get any response to or respect for their inquiries,
insiders say. Says one, "I don,t want to say that we,ve
totally failed, but the Commission,s capacity is extremely
limited, and our activities have become largely symbolic or
confined to Kathmandu." British Emboff also feels that the
NHRC suffers from a lack of "judicial teeth," and so without
the cooperation of other government departments their work
does not mean much. Despite its many shortcomings, the NHRC
has managed to produce an annual Human Rights Report,
organize several discussion seminars, and meet with
government officials to urge them to respect human rights
during the current state of emergency.

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Strengthening the Commission
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13. (C) Because it is a government body, the Commission has
tremendous potential as a driving force for human rights in
Nepal, NGOs believe. They add that its serious flaws must be
addressed for that potential to be realized. To that end,
NHRC member Indira Rana suggests changing the appointment
process of members to allow for open competition, and
eliminating the minimum age of 40 years. She also would like
to see another woman on the Commission so that more attention
is given to women's issues, which are a vital human rights
concern in Nepal.


14. (C) Several members also mentioned the need for more
funding to reduce the NHRC,s reliance on NGO support and to
hire competent staff members. The NHRC has been long
suffering from staff shortages because of both a lack of
funds and a shortage of government-provided staff. Increased
funding could also be used to improve the Commission's
dilapidated, run-down offices. The British, Norweigian, and
Danish Embassies have all provided funding for investigation
purposes. The British say that supporting the NHRC is not
very expensive, and only "limited funding is needed."


15. (C) Commission members also suggested that the
international community put pressure on the government to
respond to the inquiries of the NHRC in a truthful and timely
manner and to make a pledge of general support. All agree,
however, that the most important step to strengthening the
Commission is for the members to work out their political
differences, examine their practices to ensure transparency,
and work to enforce impartiality at all levels.

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Comment
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16. (C) The NHRC's flaws are cause for serious concern. Its
public reputation is already poor, and the suspension of
Kapil Shrestha, rather than raising confidence in the NHRC by
its stand against inappropriate behavior, seems only to have
brought the infighting out into the open. Unless its
credibility improves, it will be difficult for the Commission
to gain a higher level of government support and cooperation,
and realize its role as both a human rights watchdog and a
check against government abuses. We have encouraged the
Nepali government to follow the stipulations of the Human
Rights Commission Act of 1997 and cooperate fully with NHRC
investigations. We have also maintained a close working
relationship with the NHRC and urged it to take a more
balanced and professional approach to its mission.
MALINOWSKI