Identifier
Created
Classification
Origin
09KATHMANDU1127
2009-12-11 06:49:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kathmandu
Cable title:  

NEPAL: READOUT OF ACTING DCM'S BARDIYA HUMAN

Tags:  KDEM NP PGOV PHUM 
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RUEHLM/AMEMBASSY COLOMBO PRIORITY 7573
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RUEKJCS/SECDEF WASHDC PRIORITY
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RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
UNCLAS KATHMANDU 001127 

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KDEM NP PGOV PHUM
SUBJECT: NEPAL: READOUT OF ACTING DCM'S BARDIYA HUMAN
RIGHTS VISIT

UNCLAS KATHMANDU 001127

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KDEM NP PGOV PHUM
SUBJECT: NEPAL: READOUT OF ACTING DCM'S BARDIYA HUMAN
RIGHTS VISIT


1. (U) SUMMARY: Acting DCM Terry White accompanied the heads
or deputy heads of missions from Australia, Denmark, EU,
Finland, France, Germany, Norway, Switzerland, the UK, and
the UN's Office of the High Commissioner for Human Rights
(OHCHR) on a two-day trip to Bardiya (Dec. 8-9) to highlight
the one-year anniversary of OHCHR's report on the
conflict-related disappearances. OHCHR's report detailed 156
cases of enforced disappearances allegedly perpetrated by the
Nepal Army and the Maoists. The Conflict Victims Committee of
Bardiya, with OHCHR assistance, has unified and is now able
to assist OHCHR in information gathering for investigations.
A culture of impunity still prevails and neither the Nepal
Army or Maoists have taken any steps to resolve the alleged
human rights abuses in Bardiya, a status that is unlikely to
change. End Summary.

OHCHR's Report on Conflict Related Disappearances in Bardiya
-------------- --------------

2. (U) In December 2008, OHCHR released a 76 page report
("Conflict-Related Disappearances in Bardiya District")
detailing its investigation of 156 documented cases of
enforced disappearances and related serious human rights and
international humanitarian law violations in Bardiya,
allegedly perpetrated separately by both the Nepal Army (NA)
and the Maoists. The majority of the disappearances took
place between December 2001 and January 2003. According to
the report, the disappearances by both parties where part of
a broader pattern of widespread human rights violations and
many of the victims were civilians who were not involved in
hostilities.

Families and Victims Speak Out and Appeal for Help
-------------- --------------

3. (SBU) During meetings and conversations with the Conflict
Victims Committee of Bardiya, the envoys heard graphic
accounts of nighttime abductions of boys and men, denials of
access to detainees, threats and intimidation of survivors,
and the ensuing economic, social, and emotional hardship that
families of the disappeared have suffered. Families of the
victims urged the envoys to pressure the government to ensure
justice for them. Prior to OHCHR's support to victims of the
disappeared, families were polarized into two separate groups
reflecting which party they believed was responsible for the
enforced disappearance of their family members. Now, however,
the Victims Committee has coalesced, engaging in mutually
beneficial information sharing on OHCHR's investigations, and
has developed the capacity to carry out its own advocacy.

COMMENT:
--------------

4. (SBU) Despite enormous local and international pressure on
both the NA and the Maoists, there has been no serious action
by either side to investigate or take responsibility for the
disappearances. The visit to Bardiya and the resulting media
attention cast a welcome spotlight on the continued struggle
for the families of the disappeared. However, it is unlikely
this attention will result in any legal prosecution.
BERRY

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