NEPAL: NHRC STILL AWAITING COMMISSIONERS

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 001137 SIPDIS SIPDIS E.O. 12958: DECL: 06/08/2017 TAGS: PREL PGOV PHUM KDEM UN NP SUBJECT: NEPAL: NHRC STILL AWAITING COMMISSIONERS Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) On June 1, Acting Secretary of the National Human Rights Commission (NHRC),Padma Mathema, told visiting Assistant Secretary for Democracy, Human Rights and Labor Barry Lowenkron that the absence of Commissioners was the NHRC's most critical concern. Mathema said that she had stressed to Prime Minister Koirala that the NHRC could not fulfill its mandate until the Interim Government appointed Commissioners. The NHRC Acting Secretary stated that, although the human rights situation in Nepal had improved since the Comprehensive Peace Accord (CPA) was signed in November, many serious problems remained. These included: continuing Maoist terror and violence; the inability of internally displaced persons to return home; a failure to account for disappearances; the emergence of many new violent groups in the Terai; continuing Maoist extortion; and the fragile state of law and order throughout the country. Mathema noted that some of the biggest obstacles the organization faced were public awareness, funding, and organizational capacity. Keith Leslie, UNDP Senior Human Rights Advisor, emphasized the lack of cooperation and imbalance of resources between the UN Office of the High Commissioner for Human Rights in Nepal and the NHRC. NHRC Needs Commissioners Now -------------- ¶2. (C) At a meeting June 1 with A/S Lowenkron, Padma Mathema, Acting Secretary of the National Human Rights Commission (NHRC),stressed the NHRC's need for commissioners. Mathema explained that until Commissioners were appointed, the NHRC had no legal authority to make recommendations to the Government of Nepal (GON) and could not fulfill its mandate. Moreover, the NHRC needed commissioners to set organizational policies and promote human rights. Mathema reported that the NHRC had been continuously lobbying government officials, political party leaders, and civil society representatives for the nomination of commissioners. The Assistant Secretary told Mathema that, in his meeting with the Prime Minister that same day, he too had stressed the fundamental importance of Commissioners for the NHRC. (Note: The NHRC is an independent and autonomous constitutionally mandated body which is supposed to have one chairman and four other members. The NHRC has been without a chairman or any Commissioners since July 2006.) Human Rights Situation Still Dire -------------- ¶3. (C) The NHRC Acting Secretary explained that, since the Comprehensive Peace Accord (CPA) was signed in November of 2006, the NHRC had seen a reduction in killings, torture, illegal detentions, abductions and disappearances. However, serious new threats had arisen. The Maoists continued to use terror and violence, and the emergence of the Young Communist League (YCL) had led to more atrocities. Maoist intimidation was making it very difficult for those who were internally displaced during the conflict to return home. Moreover, neither the Maoists nor the Government had shown a willingness to provide information and assistance in locating the over 800 persons who had "disappeared" during the conflict. In addition, Mathema reported, many new groups had emerged in the Terai that were increasingly involved in killing, torture, the confiscation of property, and kidnapping. NHRC Needs Resources and Support -------------- ¶4. (C) Aside from the lack of Commissioners, Mathema indicated that she was most concerned about the ability of the organization to fulfill its mandate. She commented that Nepal faced serious problems establishing law and order and had a critical need to strengthen its principal human rights KATHMANDU 00001137 002 OF 002 institution. But, she stressed, the Government of Nepal (GON) was not providing the necessary support, NHRC recommendations were not implemented, and there was a disturbing trend of impunity. Mathema also emphasized that, in spite of NHRC's critical need to reach remote areas, the NHRC regional offices were understaffed and under-funded. Keith Leslie, a UNDP Senior Human Rights Advisory seconded to NHRC, expressed frustration with the lack of cooperation between the NHRC and the UN Office of the High Commissioner for Human Rights in Nepal (OHCHR). Leslie emphasized OHCHR was building its own bureaucracy when it should be working closely with NHRC to help build the capacity of the Nepali organization. Comment -------------- ¶5. (C) The ability of the National Human Rights Commission to play a meaningful role in the promotion of human rights in Nepal and the country's democratic transition will remain crippled until the GON appoints independent commissioners and provides the Commission with necessary resources. A/S Lowenkron raised this issues with the Prime Minister who charged that the political parties were holding up the appointments because of partisan considerations. As the Assistant Secretary stated, democracy does not need to be infallible, just accountable. The Office of the UN High Commissioner for Human Rights needs to use its considerably greater resources to do its part to strengthen the NHRC, something it has been reluctant to do to date. The Commission will be here when OHCHR is gone. The NHRC has done as much as it could to speak the truth about human rights abuses regardless of the perpetrators. With support, it could do much more. ¶6. (U) Assistant Secretary Lowenkron has cleared this message. MORIARTY