NEPAL ARMY: IMPROVING NEPAL'S HUMAN RIGHTS RECORD

C O N F I D E N T I A L KATHMANDU 003022 SIPDIS SIPDIS E.O. 12958: DECL: 11/09/2016 TAGS: PHUM PREL MASS NP SUBJECT: NEPAL ARMY: IMPROVING NEPAL'S HUMAN RIGHTS RECORD REF: A. SECSTATE 181356 ¶B. KATHMANDU 2971 ¶C. KATHMANDU 1376 Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) In a meeting on November 6 with Ramesh Jung Thapa, Defense Advisor to the Prime Minister, and Bishnu Uprety, Defense Secretary, the DCM delivered ref A talking points, strongly urging the Government of Nepal (GON) to take action on human rights abuses in the Nepal Army (NA). The DCM made it clear that future U.S. military assistance would be predicated upon the GON's efforts to address human rights violations in the NA. Thapa and Uprety both indicated that human rights abuses would be dealt with in a quick, transparent, and effective way, like the recent abuse case involving Captain Robin Rana (ref B). However, both Thapa and Uprety acknowledged that past offenses would be harder to deal with, and intimated that these cases might not be resolved in the near future. Thapa and Uprety reiterated their strong commitment to respecting human rights. Assistance Predicated By Action On Human Rights Abuses -------------- -------------- ¶2. (C) In a November 6 meeting with Ramesh Jung Thapa and Bishnu Uprety, the DCM strongly urged the Government of Nepal (GON) to take effective and transparent action against past and future human rights abusers in the Nepal Army (NA) -- specifically against those involved in the 2003 Maharajgunj incident (ref A) -- as well as to ensure the Rayamajhi Commission produced credible results and to make public the whereabouts of 508 disappeared persons. The DCM made clear to Thapa and Uprety that future U.S. military assistance would be contingent upon such action. Thapa responded that the GON took human right abuses "very seriously" and that Uprety had testified before Parliamentary Committees many times on the subject of alleged human rights abuses. Thapa said that the GON had instructed the Ministry of Defense to investigate possible abuses and bring the culprits to justice, and that was what they had done. There Are "Complications" -------------- ¶3. (C) Uprety told the DCM that there were "complications" within the NA regarding investigations into some of the abuses. Because most of the alleged abuses happened three or four years ago, and many of the officers involved had been moved to other units, it was difficult to investigate effectively whether the abuses had taken place and who had been responsible. He also questioned the accuracy of the OHCHR report on Maharajgunj, suggesting that the NA found 12 of the people listed as missing in the report. Uprety implied that the questions about the report's accuracy made it more difficult to investigate the incident. Past Is Gone -- Future Is Time For Action -------------- ¶4. (C) Both Uprety and Thapa made clear to the DCM that the GON was committed to investigating and punishing human right abuses. However, Thapa, like Uprety, suggested that action for past abuses might be delayed. The DCM took this opportunity to stress the need for accountability and responsibility for both past and future actions, and the impact not taking such action would have on future U.S. military assistance. Both Thapa and Uprety acknowledged that they understood this. Comment -------------- ¶5. (C) It is encouraging that the Ministry of Defense is saying the right things regarding identifying and acknowledging current and future human rights abuses. However, it is troubling that they seem lukewarm about holding NA officers accountable for past abuses. We will continue to push the GON hard for a public, transparent, and accountable system of investigation and punishment of future and past human rights abusers in the Nepal Army. MORIARTY