Identifier
Created
Classification
Origin
10KATHMANDU79
2010-01-28 10:41:00
CONFIDENTIAL
Embassy Kathmandu
Cable title:
NEPAL: OHCHR LOBBYING FOR EXTENSION
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C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000079
SIPDIS
E.O. 12958: DECL: 01/26/2020
TAGS: PGOV PREL NO NP
SUBJECT: NEPAL: OHCHR LOBBYING FOR EXTENSION
REF: A. 09 KATHMANDU 638 AND PREVIOUS
B. KATHMANDU 0013
Classified By: Charge d'Affaires, a.i., John M. Ordway 1.4 (b/d).
C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 000079
SIPDIS
E.O. 12958: DECL: 01/26/2020
TAGS: PGOV PREL NO NP
SUBJECT: NEPAL: OHCHR LOBBYING FOR EXTENSION
REF: A. 09 KATHMANDU 638 AND PREVIOUS
B. KATHMANDU 0013
Classified By: Charge d'Affaires, a.i., John M. Ordway 1.4 (b/d).
1. (C) Summary: The UN Office of the High Commissioner for
Human Rights (OHCHR)-Nepal hopes to extend its current
mandate, which ends June 9, for another two years. The
National Human Rights Commission, Nepal Army, and some
political leaders are unhappy with OHCHR's activist approach
and will likely fight its extension. The head of the OHCHR
office, Richard Bennett, was recently transferred to Geneva,
but will remain as head of the Nepal office at least through
March. End Summary.
2. (C) During a January 21 meeting, OHCHR head Richard
Bennett told ambassadors or representatives from key
countries (the U.S., U.K., Norway, Denmark, Switzerland,
Finland, France and Germany) that OHCHR hopes to extend its
mandate in Nepal, which expires June 9, for another two
years. The GON approved last year's mandate extension at the
last minute, after intensive diplomatic pressure (ref A).
The National Human Rights Commission (which views OHCHR as a
rival for funding) and the Nepal Army (which resents OHCHR
pressure on conflict-era human rights cases) may object to
OHCHR's extension.
3. (C) The High Commissioner hopes to use the March 1
high-level segment of the Human Rights Council meetings,
which DeputyPM/ForMin Koirala plans to attend, to press for
an extension. Under the terms of OHCHR's agreement with the
Government of Nepal, the GON should request OHCHR's extension
90 days in advance of the mandate end (i.e., by March 12).
Bennett is "not overconfident" that the GON will make the
request in March, and acknowledged that securing GON
agreement for any mandate extension will be challenging. He
hopes that the National Human Rights Commission (NHRC) will
"at least stay neutral" on OHCHR's mandate extension, but
NHRC is itself divided and relations with OHCHR remain frosty.
Mandate Shift/Benchmarks
--------------
4. (SBU) Chief Minister Madhav Ghimere suggested to Bennett
that OHCHR review their mandate terms, which have not changed
since OHCHR's arrived in 2005, to reflect changed conditions
in Nepal. (Note: OHCHR's current mandate is very broad, and
includes authority to monitor, investigate, and advise on
human rights. End note.) Bennett is open to this idea, but
worries that this could lead to limiting OHCHR's mandate to
"technical assistance," which would prevent OHCHR from its
investigation and public advocacy work. NHRC's ability to
investigate independently is limited.
5. (SBU) The Danish Ambassador urged Bennett to develop an
exit plan with concrete benchmarks. When Nepal meets these
human rights benchmarks, then OHCHR would no longer be
needed. This approach would clarify OHCHR's role and signal
to Nepalis that OHCHR would not remain indefinitely. Bennett
generally agreed with the suggestion, although noted the
difficulty of developing clear benchmarks in the area of
human rights.
Bennett to Stay at least through March
--------------
6. (SBU) Nepal is a top priority for the High Commissioner,
Bennett assured the diplomats, despite the decision to
transfer Bennett back to Geneva (ref B). Bennett said he
would remain as head of the Nepal office at least through
March and possibly longer, depending on the mandate extension
discussion. Bennett has urged the High Commissioner to
advertise his position now, although he said it will be
difficult to recruit a senior leader given the uncertainty
about OHCHR's future in Nepal.
KATHMANDU 00000079 002 OF 002
Comment
--------------
7. (C) Post supports the extension of OHCHR's mandate in
Nepal. OHCHR plays an important role tracking current human
rights trends, advocating for victims, and pressing for
accountability. As Nepal (hopefully) concludes its peace
process, OHCHR could be particularly helpful in supporting
the Truth and Reconciliation and Disappearances Commissions,
once they are created. However, elements of the Nepal
Government resent OHCHR, particularly its public advocacy
role, and will fight its extension. Like last year, we
expect that the fate of OHCHR will be decided just prior to
the June 9 mandate end. We support the Danish Ambassador's
suggestion to develop an exit plan with concrete benchmarks,
which may help OHCHR garner GON support for an extension.
ORDWAY
SIPDIS
E.O. 12958: DECL: 01/26/2020
TAGS: PGOV PREL NO NP
SUBJECT: NEPAL: OHCHR LOBBYING FOR EXTENSION
REF: A. 09 KATHMANDU 638 AND PREVIOUS
B. KATHMANDU 0013
Classified By: Charge d'Affaires, a.i., John M. Ordway 1.4 (b/d).
1. (C) Summary: The UN Office of the High Commissioner for
Human Rights (OHCHR)-Nepal hopes to extend its current
mandate, which ends June 9, for another two years. The
National Human Rights Commission, Nepal Army, and some
political leaders are unhappy with OHCHR's activist approach
and will likely fight its extension. The head of the OHCHR
office, Richard Bennett, was recently transferred to Geneva,
but will remain as head of the Nepal office at least through
March. End Summary.
2. (C) During a January 21 meeting, OHCHR head Richard
Bennett told ambassadors or representatives from key
countries (the U.S., U.K., Norway, Denmark, Switzerland,
Finland, France and Germany) that OHCHR hopes to extend its
mandate in Nepal, which expires June 9, for another two
years. The GON approved last year's mandate extension at the
last minute, after intensive diplomatic pressure (ref A).
The National Human Rights Commission (which views OHCHR as a
rival for funding) and the Nepal Army (which resents OHCHR
pressure on conflict-era human rights cases) may object to
OHCHR's extension.
3. (C) The High Commissioner hopes to use the March 1
high-level segment of the Human Rights Council meetings,
which DeputyPM/ForMin Koirala plans to attend, to press for
an extension. Under the terms of OHCHR's agreement with the
Government of Nepal, the GON should request OHCHR's extension
90 days in advance of the mandate end (i.e., by March 12).
Bennett is "not overconfident" that the GON will make the
request in March, and acknowledged that securing GON
agreement for any mandate extension will be challenging. He
hopes that the National Human Rights Commission (NHRC) will
"at least stay neutral" on OHCHR's mandate extension, but
NHRC is itself divided and relations with OHCHR remain frosty.
Mandate Shift/Benchmarks
--------------
4. (SBU) Chief Minister Madhav Ghimere suggested to Bennett
that OHCHR review their mandate terms, which have not changed
since OHCHR's arrived in 2005, to reflect changed conditions
in Nepal. (Note: OHCHR's current mandate is very broad, and
includes authority to monitor, investigate, and advise on
human rights. End note.) Bennett is open to this idea, but
worries that this could lead to limiting OHCHR's mandate to
"technical assistance," which would prevent OHCHR from its
investigation and public advocacy work. NHRC's ability to
investigate independently is limited.
5. (SBU) The Danish Ambassador urged Bennett to develop an
exit plan with concrete benchmarks. When Nepal meets these
human rights benchmarks, then OHCHR would no longer be
needed. This approach would clarify OHCHR's role and signal
to Nepalis that OHCHR would not remain indefinitely. Bennett
generally agreed with the suggestion, although noted the
difficulty of developing clear benchmarks in the area of
human rights.
Bennett to Stay at least through March
--------------
6. (SBU) Nepal is a top priority for the High Commissioner,
Bennett assured the diplomats, despite the decision to
transfer Bennett back to Geneva (ref B). Bennett said he
would remain as head of the Nepal office at least through
March and possibly longer, depending on the mandate extension
discussion. Bennett has urged the High Commissioner to
advertise his position now, although he said it will be
difficult to recruit a senior leader given the uncertainty
about OHCHR's future in Nepal.
KATHMANDU 00000079 002 OF 002
Comment
--------------
7. (C) Post supports the extension of OHCHR's mandate in
Nepal. OHCHR plays an important role tracking current human
rights trends, advocating for victims, and pressing for
accountability. As Nepal (hopefully) concludes its peace
process, OHCHR could be particularly helpful in supporting
the Truth and Reconciliation and Disappearances Commissions,
once they are created. However, elements of the Nepal
Government resent OHCHR, particularly its public advocacy
role, and will fight its extension. Like last year, we
expect that the fate of OHCHR will be decided just prior to
the June 9 mandate end. We support the Danish Ambassador's
suggestion to develop an exit plan with concrete benchmarks,
which may help OHCHR garner GON support for an extension.
ORDWAY