NEPAL: READOUT OF ACTING DCM'S BARDIYA HUMAN

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