Identifier
Created
Classification
Origin
06KATHMANDU2269
2006-08-21 12:02:00
UNCLASSIFIED
Embassy Kathmandu
Cable title:  

OHCHR ACTIVE AND EFFECTIVE IN NEPAL

Tags:  PHUM PTER PREL NP 
pdf how-to read a cable
VZCZCXYZ0008
PP RUEHWEB

DE RUEHKT #2269/01 2331202
ZNR UUUUU ZZH
P 211202Z AUG 06
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC PRIORITY 2848
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 4688
RUEHLM/AMEMBASSY COLOMBO PRIORITY 4925
RUEHKA/AMEMBASSY DHAKA PRIORITY 0049
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 2918
RUEHLO/AMEMBASSY LONDON PRIORITY 4325
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0126
RUEHGV/USMISSION GENEVA PRIORITY 1234
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1902
UNCLAS KATHMANDU 002269 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PTER PREL NP
SUBJECT: OHCHR ACTIVE AND EFFECTIVE IN NEPAL

REF: A. SECSTATE 73151


B. KATHMANDU 1373

C. KATHMANDU 1376

D. KATHMANDU 2166

E. SECSTATE 73948


F. KATHMANDU 1074

Summary
-------

UNCLAS KATHMANDU 002269

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PTER PREL NP
SUBJECT: OHCHR ACTIVE AND EFFECTIVE IN NEPAL

REF: A. SECSTATE 73151


B. KATHMANDU 1373

C. KATHMANDU 1376

D. KATHMANDU 2166

E. SECSTATE 73948


F. KATHMANDU 1074

Summary
--------------


1. The work of the United Nations Office of the High
Commissioner for Human Rights in Nepal (OHCHR) has been
effective and useful for Post's reporting. The office in
Kathmandu is the largest UN human rights presence anywhere
(ref A). OHCHR has played an active role in monitoring
various aspects of the peace process. It has also imposed a
degree of accountability and responsibility for both the
Government of Nepal (GON) and the Maoists. OHCHR focuses on
the effect GON and Maoist actions have on women and children
in Nepal, and works with people who have been internally
displaced by the conflict. OHCHR has a strong public
outreach campaign that has been used well to promote OHCHR
programs, as well as supporting the UN assessment team that
traveled to Nepal in early August. End Summary.

Monitoring Government and Maoist Violations of the Cease-Fire
-------------- --------------


2. OHCHR has actively monitored and reported on GON and
Maoist violations of the 25-point cease-fire code of conduct
signed between the GON and the Maoists in May (ref B). OHCHR
has reported on Maoist extortion, looting, abductions,
kangaroo courts, parallel government institutions, and
intimidation through weekly reports disseminated to the donor
community. These reports have been invaluable in keeping
Post informed of Maoist activities, and helping Post to
report on them.

Monitoring Human Rights Violations
--------------


3. OHCHR monitors the GON, the Maoists, and the House of
Representatives for violations or potential violations of
human rights. A press release from July listed the number of
killings by the Maoists since the beginning of the current
cease-fire. Press releases and other information produced by
OHCHR have been helpful to Post's ability to follow and
report on the actions of the Maoists outside of the Kathmandu
Valley.


4. OHCHR has focused on excessive use of force by security
forces in Nepal, especially during the April "People's
Movement." OHCHR reports regarding use of force have helped
to make the Nepal Army, the Armed Police Force, and the Nepal

Police more accountable and responsible by bringing their
actions to light. Post has been supportive of OHCHR
investigations into the GON security forces, and continues to
encourage GON officials to share information openly with
OHCHR.


5. OHCHR has reported various alleged human rights violations
by the Nepal Army, most notably a May 2006 report regarding
torture and disappearances of suspected Maoists in the
Bhairabnath Batallion barracks by Nepal Army forces (ref C).
This report, and others like it, have been vital in Post's
compliance with Leahy human rights vetting. The report was
also published and followed closely in the local media. With
OHCHR assistance, families of the alleged victims of the
Bhairabnath Batallion have filed court cases against the
Nepal Army officers involved.

Monitoring the Peace Process
--------------


6. The GON and the Maoists asked OHCHR, in separate letters
to the UN, to "continue its human rights monitoring through
the...OHCHR" (ref D). OHCHR worked closely with the visiting
UN assessment team in early August, providing logistical
support and information to the team. OHCHR continues to
monitor the Interim Constitution Drafting Committee and the
work of the National Monitoring Committee on the Code of
Conduct for the Ceasefire.

Monitoring Legal Developments Related to Human Rights
-------------- --------------


7. OHCHR has followed closely the legal developments of the
GON, especially since the restoration of Parliament in April.
As the newly reformed Parliament changed Nepal's laws
relating to the King, security forces, Nepal Army, women's
rights, secularization of the state, and more, OHCHR has been
monitoring and reporting on these actions in terms of their
effect on human rights.


8. OHCHR has also followed the legal and justice systems of
the Maoists, sharing with Post information about Maoist
"People's Courts" and the Maoist "legal code." OHCHR has a
permanent legal advisor in Nepal who follows these issues
closely and monitors the human rights issues associated with
legal changes both in the GON and the Maoist party.

Monitoring Cases of Disappearances by the GON and the Maoists
-------------- --------------


9. OHCHR has consistently been one of the key sources of
information for Post regarding disappearances perpetrated by
the GON and the Maoists. OHCHR keeps an updated list of
disappearances from both sides of the conflict, including
information received from all sides and from the press, and
shares that list with us frequently.

Monitoring the Situation of Women and Children
-------------- -


10. OHCHR monitors the situation of women and children in
Nepal, separately reporting violations of human rights
affecting these groups. OHCHR also reports on the ways that
new laws and regulations affect the rights of women and
children. OHCHR has a working group on children in armed
conflict, taking an active part in supporting the release of
children from armed forces, particularly the Maoist militia
and "People's Liberation Army," and those children's
reintegration into society.

Internally Displaced Persons
--------------


11. OHCHR continues to monitor the issues surrounding persons
displaced internally by the conflict in Nepal. OHCHR has
held formal and informal meetings with Maoist groups and the
government to encourage both sides to allow internally
displaced persons to return home and to support them once
they return. The reporting from OHCHR on these issues has
been valuable to Post as we gather information about
internally displaced persons.

Public Information and Outreach
--------------


12. OHCHR provides public information and outreach across the
country on many issues. Two of their most recent projects
include a social exclusion mapping project and a "right to
information" film project. OHCHR also provided media support
to the UN assessment mission and will likely continue in such
a role with any UN mission that may come to Nepal in the
future.

Comment
--------------


13. The field activities of OHCHR in Nepal have been
effective and valuable for Post's reporting. Embassy
Kathmandu enjoys a good relationship with OHCHR and other UN
officials. We will continue to work with OHCHR to promote
human rights and the advancement of democracy and rule of law
in Nepal.
MORIARTY