NEPAL: DRL VITITORS MONITOR HUMAN RIGHTS GRANTS

UNCLAS SECTION 01 OF 02 KATHMANDU 001007 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: DRL KDEM NP PGOV PHUM SOCI SUBJECT: NEPAL: DRL VITITORS MONITOR HUMAN RIGHTS GRANTS ¶1. (SBU) SUMMARY: Nepali Constituent Assembly members, politically active youth leaders, and technocrats told Democracy, Human Rights and Labor (DRL) bureau visitors that Nepal is unlikely to meet the May 28, 2010 deadline for drafting the constitution. The Maoists are by far the best organized party regarding drafting the legal framework of the constitution. According to local human rights groups, the National Human Rights Commission has become a politicized, ineffective, and disorganized institution incapable of effectively investigating human rights abuses in Nepal. END SUMMARY DRL Funded Projects In Nepal -------------- ¶2. (U) Program Analysts Rozina Damanwala and Erin Spitzer from the Bureau of Democracy, Human Rights, and Labor (DRL) visited Kathmandu from October 16-27 to monitor the five DRL funded projects in Nepal. During the visit, the DRL staff met with a wide range of U.S. and Nepali experts (see list in para 7). DRL's five projects in Nepal are: a) American Bar Association (ABA),"Providing Comprehensive Forensic Assistance to Build Local Capacity in Nepal," $1,309,430 b) Public International Law & Policy Group (PILPG),"Nepal: Enhancing Technical Capabilities in Support of Constitution Drafting," $860,000 c) Search for Common Ground (SFCG),"Pathways to Peace," $510,000 d) The Asia Foundation (TAF),"Promoting Responsive and Informed Development of Nepal's New Constitution," $500,000 e) The Asia Foundation (TAF),"Strengthening the Human Rights Commission: Phase II," $650,000 Constitution Drafting Slowed By Party Politics -------------- - ¶3. (SBU) In conversations with constitutional scholars, Constituent Assembly (CA) members, and politically active youth leaders, the consensus during week-long discussions was that Nepal is unlikely to meet the May 28, 2010 deadline for constitution drafting due to party infighting compounded by the intractability of complex issues remaining, such as federalism and state structuring. Two mechanisms exist for extending the deadline beyond May 28. The first is a declaration of a state of emergency which invokes a six-month extension, and the second is a parliamentary amendment, requiring 2/3 consensus, which would grant an extension beyond May 28, 2010. ¶4. (SBU) Lawyers from PILPG, who provide technical legal memoranda to Nepali political leaders and technocrats, said they are concerned about what happens the day after a constitution is drafted. The Nepali public, as well as lawmakers, are unprepared for the "what next" phase after constitutional ratification. PILPG's advisors who work directly with all major political parties in Nepal said the Maoists are by far the most capable, organized, and savvy about constitution drafting and the long-term ramifications of how precisely the document is drafted. Civil society leaders, youth organizers, and Nepali CA members all seem divided on how the public will likely react if, as predicted, the constitution drafting deadline is extended. Some see public dissent and anger rising to the level of street protests and unrest (especially in the Terai and among ethnic groups),while others see the public so consumed by day-to-day quality of life issues (rising food prices, electricity shortages, and strikes) that they will accept an extension without civil unrest. National Human Rights Commission in Disarray -------------- ¶5. (SBU) Nepal's constitutional human rights commission is in disarray and unable to effectively fulfill its mandate to safeguard human rights in Nepal and investigate allegations KATHMANDU 00001007 002 OF 002 of abuse according to most observers. Bishal Khanal, the executive secretary of NHRC, told EmbOffs the commission is in desperate need of qualified staff, capacity building, and training. He said NHRC has somewhere between 30-50 investigators nationwide. Khanal, who is an experienced human rights academic and career bureaucrat, was unable to articulate a strategy, vision, or plan for NHRC outside of administrative hiring priorities over the next six months. He downplayed the bitter rivalry NHRC has stoked with OHCHR and was secretive about NHRC's capacity building initiatives from international donors, making donor coordination difficult. According to Andrew Palmer, OHCHR's chief liaison with NHRC, Khanal has been accused of corruption and is attempting to clear his name. Palmer said survival within NHRC seems to be his main priority. ¶6. (SBU) Human rights groups also lack confidence in NHRC. Mandira Sharma, executive director of the human rights NGO, Advocacy Forum, said the public does not trust NHRC. The institution has been politicized with the major political parties forcing their partisan choices for commissioner. Sudip Pathak, president of the Human Rights Organization of Nepal (HURON) and a former NHRC commissioner, conceded the NHRC moves slowly and bureaucratically but blamed the institution's lack of effectiveness on a paucity of staff and resources, as well as the difficulty for Nepalis of investigating sensitive allegations of human rights abuses in a country where rule-of-law, and protection, is not firmly established. ¶7. (SBU) The DRL visitors met in Kathmandu with: Dave Sadoff, American Bar Association; Brendan Doherty and Elizabeth Dallas, Public International Law & Policy Group; Sunil Pant, Blue Diamond Society (CA Member); Bishal Khanal, National Human Rights Commission; George Varughese, Asia Foundation; Gehendra Lal Malla, Bipin Adhikary, Surya Dhungel, Purna Man Shayka, Society for Constitutional & Parliamentary Exercises; Bishwambher Pyakurel, Tribhuvan University; Deepak Thapa, Social Sciences Baha; Dwarika Nath Dhungel, Institute for Integrated Development Studies; Serena Rix Tripathee & Sarah McLaughlin, Search for Common Ground; Robin Sitoula, Samriddhi; Narayan Adhikari, Youth Initiative; Pawan Roy, Youth Action Nepal; Brigadier General Nirendra Aryal, Nepal Army Directorate of Human Rights; Andrew Palmer & Jyoti Sanghera, OHCHR; Sapana Pradhan Malla, Forum for Women, Law & Development (CA Member); Sudip Pathak, Human Rights Organization of Nepal; Subodh Raj Pyakurel, Informal Sector Service Center; Ryan Smith, Chemonics; Radheshyam Adhikari, CA Member; Durga Sob, Feminist Dalit Organization; Mandira Sharma, Advocacy Forum; Bhakta Bishwakarma, Nepal National Dalit Social Welfare Organization; and Tirtha Bishwakarma, Dalit NGO Federation. Comment -------------- ¶8. (SBU) Nepal has talented, capable, and dedicated human rights activists and organizations who are the driving forces in protecting and promoting human rights, but the impact of their efforts will be limited unless the Constituent Assembly succeeds in adopting a new Constitution. MOON