Identifier
Created
Classification
Origin
09KATHMANDU982
2009-10-28 08:15:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:  

NEPAL: PM ADVISOR HINTS AT ACTION ON HUMAN RIGHTS

Tags:  PGOV PHUM PREL KDEM NP 
pdf how-to read a cable
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C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000982 

SIPDIS

E.O. 12958: DECL: 10/28/2019
TAGS: PGOV PHUM PREL KDEM NP
SUBJECT: NEPAL: PM ADVISOR HINTS AT ACTION ON HUMAN RIGHTS
CASES

REF: A. KATHMANDU 929

B. KATHMANDU 906

Classified By: Charge d' Affaires, a.i., Jeffrey A. Moon. Reasons 1.4 (
b/d).

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000982

SIPDIS

E.O. 12958: DECL: 10/28/2019
TAGS: PGOV PHUM PREL KDEM NP
SUBJECT: NEPAL: PM ADVISOR HINTS AT ACTION ON HUMAN RIGHTS
CASES

REF: A. KATHMANDU 929

B. KATHMANDU 906

Classified By: Charge d' Affaires, a.i., Jeffrey A. Moon. Reasons 1.4 (
b/d).


1. (C) Summary. Rajan Bhattarai, the Prime Minister's
foreign policy advisor, told Charge that PM Madhav Kumar
Nepal is committed to investigating and prosecuting human
rights abuses the Nepal Army and the Maoists perpetrated
during the insurgency. Bhattarai said the PM has delayed the
promotion of General Toran Singh because of the international
community's concerns about his human rights record, but the
Nepal Army and the Defense Minister are pressuring him to
promote Singh to the NA's second-in-command. Charge
reiterated U.S. opposition to the promotion. End summary.

Committed to Addressing Army's Human Rights Record
-------------- --------------

2. (C) In an October 27 meeting, Advisor to Prime Minister
M.K. Nepal Rajan Bhattarai said that the Prime Minister is
committed to addressing concerns about the Nepal Army's human
rights record. The Prime Minister is considering
investigating and prosecuting a number of "representative"
cases in which the NA committed "heinous" human rights abuses
during the Maoist conflict, including the Maina Suruwal case.
Bhattarai noted that this would mark the first time the
civilian courts would take up a conflict-era human rights
criminal case and would send a powerful signal about the
culture of impunity in Nepal.

Maoists Too
--------------

3. (C) Parallel with the prosecution of the Army cases, the
Government of Nepal (GON) would also prosecute a number of
cases in which the Maoists committed severe human rights
abuses. Bhattarai mentioned three possible cases, including
the 2005 bombing of a bus in Madi, Chitwan. Charge strongly
supported the proposed prosecution of human rights cases and
agreed that the GON should balance its approach to impunity
by prosecuting both NA and Maoist cases.

But Not Toran Singh
--------------

4. (C) Concerning General Toran Singh, Bhattarai said that
the Prime Minister has been holding up his promotion to
become the NA's second-in-command because of the
international community's concerns about Singh's human rights

record (reftels). The NA and Minister of Defense have been
pressuring the Prime Minister to move forward on the
nomination. According to Bhattarai, the internal GON
secretary-level committee formed to investigate Singh's
record found that Singh was not personally involved in the
2003-2004 disappearances at Maharajgunj Barracks (although
the committee found that killings did occur). If you hold
Singh responsible for abuses committed under his watch,
Bhattarai noted, many other senior NA commanders would be
similarly tainted. "Singling out" one person is not fair.


5. (C) Charge told Bhattarai that the U.S. Government opposes
the promotion of Singh. Based on our understanding of the
Nepal Army, Singh must have been aware of the killings that
took place at Maharajgunj Barracks. Charge warned that many
people in the United States, including key congressional
leaders, were watching the Singh promotion carefully and that
Prime Minister Nepal's decision would impact his image
abroad. Bhattarai agreed to pass on the message, and said he
did not expect the Prime Minister to take action on the Singh
promotion "anytime soon."

Importance of Army as Institution
--------------

6. (C) While addressing the Nepal Army's tainted human rights
record, the Prime Minister is also committed to protecting
and promoting the Army as an institution. The Comprehensive
Peace Agreement provides an opportunity to make the Nepal
Army more transparent, representative, and accountable. The

KATHMANDU 00000982 002 OF 002


Minister of Defense's recent comments about amending the CPA
to allow for new recruitment and the acquisition of lethal
arms do not/not reflect GON policy. That said, the Prime
Minister understands the NA's concerns about the impact of
the lack of new personnel, equipment, and training
opportunities. The CPA was meant to be a six-month project,
but has dragged on for nearly three years. Charge noted
Bhattarai's point, but underscored strong U.S. support for
the CPA and stressed that now is not the time to reopen the
agreement.

Anti-Democratic Maoists
--------------

7. (C) Bhattarai expressed frustration with the latest Maoist
tactics: blocking parliament, violently protesting, and
demanding control of the government. These actions are
fundamentally undemocratic. If the Maoists say they are
committed to multi-party democracy, then they should play by
the "rules of the game." The Prime Minister understands that
the GON must take into account Maoist views on the
constitution and peace process. For example, the Prime
Minister has been consulting with Maoist Chairman Dahal on
resuming the work of the Special Committee on Integration and
the Constitutional Committee.


8. (C) According to Bhattarai, the Maoists are "ideologically
confused" and are struggling to find their voice as an
opposition party. If Dahal would be "bold," he could lead
the party on the pragmatic path toward democracy. Instead,
Dahal is being very cautious and opening the door to
hardliners. Even "moderate" leaders like Baburam Bhattarai
-- with whom Rajan Bhattarai shared a jail cell during the
anti-monarchy protests in the 1980s -- are making provocative
public statements designed to pander to the Maoist base.

Comment
--------------

9. (C) The Prime Minster's quiet outreach to the Embassy on
human rights issues is encouraging and demonstrates a degree
of political savvy that many -- including Post -- did not
believe he possessed. The Prime Minister is clearly under
intense pressure to promote General Toran Singh, pressure he
hopes to relieve through action on other human rights cases.
Post will continue to seek opportunities to underscore our
concern about Singh's promotion.
MOON