AMBASSADOR TO OHCHR, DIP CORPS: TOUGH MESSAGE TO

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000698 SIPDIS SIPDIS E.O. 12958: DECL: 04/04/2017 TAGS: PREL PGOV PHUM PTER NP SUBJECT: AMBASSADOR TO OHCHR, DIP CORPS: TOUGH MESSAGE TO MAOISTS NEEDED Classified By: Ambassador James F. Moriarty. Reasons 1.4 (b/d). Summary -------------- ¶1. (C) On April 3, the Ambassador urged Lena Sundh, the Representative of the Office of the High Commissioner for Human Rights in NEPAL (OHCHR),to send a stronger message to the Maoists. The Ambassador stressed that it was important for the Maoists to know that, if the Constituent Assembly election was not free and fair, the international community would call the election a failed exercise. Sundh replied that OHCHR was debating how best to deal with the Maoists. OHCHR recognized the need to expose Maoist misconduct, but was more concerned that they correct their behavior. Sundh acknowledged the reluctance of the police to prosecute Maoist crimes, and emphasized that spreading lawlessness was making it increasingly difficult to hold any group responsible for human rights abuses. The Ambassador delivered a similar message to the diplomatic corps April 3. Several of his fellow envoys predicted that the Constituent Assembly election would have to be postponed. Ambassador's Message: OHCHR Must Be More Visible -------------- --- ¶2. (C) At an April 3 meeting with Lena Sundh, Representative of the Office of the High Commissioner for Human Rights in Nepal (OHCHR) and two of her staff, the Ambassador urged OHCHR to be more visible. He stated that the new Interim Government faced two conspicuous problems. The first was how to restore law and order so as to ensure a free and fair Constituent Assembly election; the second was how to include or, at least, pacify marginalized ethnic groups, particularly in the Terai, whose demands till now had gone unanswered. The Ambassador noted that both tasks were made more difficult by Home Minister Krishna Sitaula retaining his office and the Maoists joining the government. The Ambassador stressed the need for the international community, including the UN, to raise its voice, and shared his disappointment that OHCHR had not been more vocal. He urged Sundh to make it clear to the Maoists that the international community would scrutinize their behavior leading up to the elections. Election abuses would be recorded, and, if warranted, the international community would not hesitate to call the election a failed exercise. The Ambassador told Sundh and her staff that OHCHR needed to do more to help create a conducive atmosphere for a free and fair election. OHCHR Balancing Public Statements With Corrective Action -------------- -------------- ¶3. (C) Sundh noted that OHCHR was debating how best to deal with the Maoists and acknowledged that OHCHR had seldom publicly condemned Maoist behavior. Sundh stated that OHCHR's approach had been to track police investigations and meet privately with the Maoists to address abuses. OHCHR recognized that cases needed to be made public, but attempted to balance public disclosure with measures that promoted corrective action. She stated that OHCHR was working on a report on the Maoists creation of the Young Communist League (YCL) (a para-military organization containing many erstwhile Maoist combatants, which has taken over much of the responsibility for terrorizing the Nepali public). Sundh stated that OHCHR would not publicize the letter until her office contacted the YCL, but a public statement was likely. Similarly, the OHCHR would soon send a letter criticizing the continued existence of Maoist parallel governments in Rukum and Rolpa. In the case of Harilal Shrestha (the owner of the Woodland Hotel who was severely beaten by the Maoists),OHCHR reported that the Maoists had admitted that two of its members were culpable and had expelled them from the party. It was the responsibility of the police to handle the criminal aspects of the incident Sundh maintained. The Ambassador noted reports that the Home Minister and the Maoists had agreed beforehand that the two would not be KATHMANDU 00000698 002 OF 002 prosecuted by the Government of NEPAL (GON). OHCHR Acknowledges Lawlessness and Police Ineffectiveness -------------- -------------- ¶4. (C) Sundh stated that lawlessness was spreading in Nepal, and conceded that in many cases it was difficult to establish responsibility. Separating the criminals from the Maoists was not always easy. In some cases, she noted, the failure by the state to act or police corruption were to blame. She also acknowledged that victims were frequently extremely reluctant to file charges. OHCHR staff in the field had been told by local police that they would not get involved in cases of extortion and intimidation involving party leaders. Likewise, political leaders were reluctant to approach the police. Sundh noted that the result was paralysis. The Ambassador responded that, in addition to a tradition of political interference, the Home Minister's failure to enforce the law against the Maoists had created an atmosphere of impunity. The police no longer had confidence in their authority to enforce the law. Envoys Concerned About Law and Order, Doubtful About Elections -------------- -------------- ¶5. (C) At a gathering the Ambassador hosted April 3 for the diplomatic corps, he urged his fellow envoys to speak out publicly about Maoist abuses and the poor state of law and order. He also called on the corps to make clear to the Maoists that the international community would not accept a Constituent Assembly election that was not free and fair. The Ambassadors who were present agreed that the country's law and order situation was dire (Note: The Indian, British and North Korean Ambassadors were absent; Ian Martin, head of the UN Mission in NEPAL failed to receive the invitation.) There was also broad agreement that it would be extremely difficult to hold a free and fair election under the current circumstances. Several of the Ambassadors, including the Dane and the UN Development Program Representative, expressed doubt that an election was technically feasible by June 20. Their expectation was that it would have to be postponed. That said, none of the envoys thought it appropriate for the international community to call for postponement at this time. Comment -------------- ¶6. (C) With eleven weeks left until the proposed Constituent Assembly election, it seems unlikely that the Maoists will willingly abandon violence and campaign peacefully. It seems even more unlikely that, under the leadership of Home Minister Sitaula, the police will be able to create an atmosphere conducive to a free and fair election. The voice of the international community remains one of the last tools available to combat Maoist abuses. OHCHR may wish to see corrective action versus headlines, but to date their quiet approach has been largely ineffective in changing Maoist behavior. The international community must clearly and forcefully condemn human rights violations and election misconduct whenever and wherever it occurs, and OHCHR must play a larger and more visible role in that public effort. MORIARTY