Issue Highlights
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National Executive Committee (NEC) of AI NepalChairperson : Mr. Hem Kumar Khadka Advisors : |
Cover PhotoA scene of candle lightning on the occasion of International Day of the Disappeared at Hanuman Dhoka, Kathmandu on 30 August, 2011 |
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Published ByAMNESTY INTERNATIONAL NEPAL |
Appeal Committee of AI Nepal Coordinator : Mr. Uttam Sapkota |
International Day of the Disappeared
Conflict victims and human rights organizations expressed their worried over the increasing trend of impunity in Nepal. Family members of a decade long armed conflict who were gather to mark the international day for the disappeared together with most of the front line human rights organizations expressed their concern during different programs from 28 to 30 August.
The international day of the disappeared is marked on the 30 August every year to commemorate those who have disappeared. As Nepal has witnessed serious problem of disappearance during the decade long armed conflict with the highest number of disappearance in the world in 2003 and 2004, and over 1383 missing so far, the issue of disappearance, unfortunately, has been relevant for the campaign. Therefore, human rights organizations working at national and international level decided to join hand together with the family of the victims to mark the International Day of the Disappeared by organizing 3 days campaigning activities in collaboration. The collaborating organizations were Advocacy Forum Nepal, Asian Federation Against Involuntary Disappearance (AFAD), Amnesty International (AI), Collective Campaign for Peace (COCAP), Conflict Victim's Society for Justice (CVSJ), Conflict Victim Orphans Society (CVOS) HIMRIGHTS, Human Rights Alliance, INHURED International, Human Rights and Democratic Forum (FoHRID), Informal Sector Service Center (INSEC), International Commission of Jurist (ICJ), International Center for Transitional Justice (ICTJ), National Network of Families of Disappeared and Missing Nepal (NEFAD), Office of the High Commissioner for Human Rights (OHCHR) and TRIAL. The National Human Rights Commission also participated in every programs managed by all other organization while the event that managed by the NHRC itself was jointly organized by NHRC and all those organization named above.
Among the event taken place during the three days campaign, representatives of victim association and human rights organizations submitted a memorandum to the Prime Minister through Chief Secretary on 28 August.
On the second day, two different events took place. The first event was jointly managed by INSEC and Advocacy Forum in which two different reports were launched. The first report was Standard on the Exhumation prepared by Advocacy Forum and the second was The Disappeared Victim's Profile prepared by Insec. The second program of second day was managed by Amnesty International in which it launched and distributed a video to highlight how state has been failed to ensure justice for the victim family of the disappearances. The launch of the video was combined with post card and petition signing events.
Similarly, two different events taken place on the third day too. The first event of the day was an interaction program managed by the National Human Rights Commission (NHRC) in which an interaction between Nepal government representatives, family of disappeared and human rights defender was taken place. The interaction was combined with the NHRC's work so far on exhumation of conflict victims.
The second program of the day was an interaction and launch of the poster managed by the victim associations. The third event of the third day was an illumination in which Diyo (the traditional Nepali lamp) were lit placed in a shape of 1350.
Amnesty International Nepal took part actively along with other like- minded organizations to mark the international day of the disappeared.
On the occasion AI Nepal released a video 'The Significance of Justice' on 29th of August 2011. The video has highlighted the case of disappearance of 5 young boys (Sanjiv Kumar Karna, Jitendra Jha, Durgesh Kumar Labh, Pramod Narayan Mandal and Shailendra Yadav) in Dhanusha. Indira Jha (mother of Jitendra Jha), Naresh Labh (brother of Durgesh Kumar Labh), Ram Avtar Mandal (father of Pramod Narayan Mandal) and Bimala Devi Karna (mother of Sanjiv Kumar Karna) jointly launched the video amid a presence of families of disappeared came from different district of Nepal, representatives of human rights community different walk of lives.
The video has illustrated how the state has failed to ensure justice to family of the disappeared despite of their commitment and legal obligations. The short film also illustrates the political opposition, from both sides of the conflict, to holding individuals responsible for such crimes to account. It includes interviews with the brother of one of the disappeared, the lawyer working on the case, and the Maoist Home Minister.
On the occasion, Deputy Director of National Human Rights Commission (NHRC) Achyut Acharya, President of NEFAD Ram Kumar Bhandari, President of CVSJ Janak Raut, mother of disappeared student Bimala Devi, advocate Govinda Sharma Bandi, General Secretary of AI Nepal Rasmila Bhochhibhoya and Director Rameshwar Nepal shed lights the situation of impunity in the country.
The speakers criticized the four-point deal between UCPN (Maoist) and United Madhesi Democratic Front (UMDF) before the Prime Ministerial election which proposed withdrawal of cases filed against those allegedly involved in crime during and after armed conflict.
'It is the responsibility of judicial body, not of Nepal government, to give verdict whether the allegation is true or false' they said.
Nepal government again expressed it's full commitments to ratify the Rome Statute of International Criminal Court (ICC). On a talk programme 'Why Rome Statute is not being Ratified?' organized by Amnesty International Nepal on 20 July 2011, Minister for Energy Gokarna Bista said, "Government expresses its full commitment to ratify Rome Statute and is now preparing for it doing a consultation with all political parties." He further added, "The government is committed to end the culture of impunity in Nepal."
Likewise, Constituent Assembly (CA) member and popular youth leader of Nepali congress Gagan Thapa urged all political parties not to afraid of ratifying the Statute. He also said that he will register a resolution in the Parliament with the signatures of CA members in the near future.
CA member Binod Pahadi from UCPN (Maoist) also expressed his full commitments on the occasion. Representing the Maoist party he said that his party is not against the ratification of Rome statute. He also called Nepal government to bring the proposal in the parliament.
Similarly, leader of Madhesi Rights Forum (Democratic) and CA member Ramjanam Chaudhari also expressed his full commitments to the statute. He said that "We got many commitments but now we arrived on a step of action." He further added-"We need no more commitments but need actions."
CA members of Nepali congress Laxmi Pariyar said, "If we ratify the Rome Statute then we can get justice".
Civil Society leader and Journalist Shyam Shrestha and president of Human Rights and Peace Society Homkanta Choulagain said that political parties should be serious to ratify the Statute.
On the occasion, representative of Amnesty International's International Secretariat in London Frida Kruijt, Chairperson of AI Nepal Hem Kumar Khadka and General Secretary Rashmila Bhochhibhoya made it clear that the Rome Statute has no retrospective effects, so no one need to be afraid ratify it.
At the beginning, AI Nepal's Director Rameshwar Nepal made a presentation about the Rome Statute and increasing trend of impunity in Nepal.
The establishment of a new permanent International Criminal Court in 2002 represents a major breakthrough in international justice. The Court will investigate and prosecute genocide, crimes against humanity and war crimes when national authorities are unable or unwilling to do so.
The Court will therefore act as a catalyst for states to fulfill their primary obligations to investigate and prosecute the crimes.
AI Nepal has been campaigning for the ratification of the Rome Statute since 2000.
Various Groups and Youth Networks affiliated to AI Nepal organized signature collection programme at different places urging to the government of Nepal to ratify Rome Statute.Details are as follow:
Group-21, 32 and 34, KathmanduAI Nepal Group-21, 32 and 34, Kathmandu organized a signature collection program on 12th of July, 2011. |
Group-27, LamjungAI Nepal Group-27, Lamjung organized an awareness program on 14t of July, 2011 about Rome Statute. |
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Group-62, BankeAI Nepal Group-62, Banke organized a signature collection program on 8th of July,2011.On the occasion more than 500 signatures collected. |
Group-2, 69 and Kankrebihar Youth NetworkAI Nepal Group-2, 69 and Kankrebihar Youth Network organized a signature collection program on 15th of July, 2011. |
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Group-72, PanoutiAI Nepal Group-72, Panouti organized a signature collection program on 17th of July, 2011. |
Group-7, MahottariAI Nepal Group-7, Mahottari organized a signature collection program on 18t of July, 2011. |
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Katmandu Youth Network, KathmanduAI Nepal Kathmandu Youth Network, Kathmandu organized a signature collection program on 2 July, 2011. |
Bhaktapur Youth Network, BhaktapurBhaktapur Youth Network, Bhaktapur organized a signature collection program on 17th of July,2011. |
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Group-45, PanchtharAI Nepal Group-45, Panchtar organized a signature collection program on 23 of July,2011. |
Group-60, DamakAI Nepal Group-60, Damak organized a signature collection program on 12th of July, 2011. |
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Group-36, PyouthanAI Nepal Group-36, Pyouthan organized a signature collection program on 8th of July, 2011. |
Adarsa Youth Network, JhapaAI Nepal Adarsa Youth Network Jhapa organized a signature collection program on 17 th of July, 2011. |
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Mechinagar Youth Network, JhapaAI Nepal Youth Network Mechinagar, Jhapa organized a signature collection program on 12th of July ,2011. |
Group-3, KathmanduAI Nepal Group-3, Katmandu organized an interaction and signature collection program on 4th of July, 2011. Likewise, the group organized another program on 12th of July, 2011. |
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Group-78, KathmanduAI Nepal Group-78, Lalbandi organized a signature collection program on 10th of July, 2011. |
Group-64, ChitwanAI Nepal Group-64, Chitwan organized a signature collection program on 19th of July,2011. |
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Group-43, BanepaAI Nepal Group-43, Banepa organized a signature collection program on 16th of July,2011. |
Group-80, KathmanduAI Nepal Group-80, Kathmandu organized a signature collection program on 14th of July, 2011. |
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Group-69, SurkhetAI Nepal Group-69, Surkhet organized a signature collection program on 17th of July,2011. |
Group-61,LalitpurAI Nepal Group-61, Patan organized a signature collection program on 20th of June ,2011.On the occasion more than 500 signature collected. |
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KU Youth Network, DhulikhelAI Nepal KU Youthnetwork, Dhulikhel organized a signature collection program on 15th of July, 2011. |
Group-83, DamakAI Nepal,Group-83, Damak organized a signature collection program on 13th of July,2011. |
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Group-48, BaglungAI Nepal Group-48, Baglung organized a signature collection program on 14t of July, 2011. |
Budhanilkantha Youth Network, KathmanduAI Nepal Budhanilkantha Youth Network,Kathmandu organized a signature collection program on 18th of July,2011. |
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Group-18, KatmanduAI Nepal Group-18,Kathmandu organized a signature collection program on 15th of July,2011. |
Kanchan Youth Network, KanchanpurAI Nepal Kanchan Youth Network, Kanchanpur organized a signature collection program on 11th of July,2011. |
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Group-8, KathmanduAI Nepal Group-8, Kathmandu organized signature collection program on 15th of July,2011. |
AI's Annual Report 2011 Realeased
According to the report, Impunity persisted for perpetrators of human rights abuses during the conflict. The authorities failed to implement court-ordered arrests of accused of offences involving human rights violations, which heads country towards 'full spectrum' of impunity. The also has highlighted that Nepal has made little progress in ending impunity, accounting for past violations or ensuring respect for human rights. Officials actively obstructed accountability mechanisms, and commitments made by political leaders as part of the peace process were not fulfilled in practice. Torture and other ill-treatment in police custody remained widespread. Ethnic, religious and gender discrimination went largely unchallenged. Violence against women and girls persisted.
Amnesty International Report 2011: State of the World’s Human Rights, which documents abuses in 157 countries, the organization said that Growing demands for freedom and justice across the Middle East and North Africa and the rise of social media offer an unprecedented opportunity for human rights change – but this change stands on a knife-edge.
Iconic moments in 2010 included Daw Aung San Suu Kyi’s release in Myanmar and the award of the Nobel Peace Prize to Chinese dissident Liu Xiaobo despite his government’s attempts to sabotage the ceremony.
The Fifth National Youth Mela (Camp) held at Pokhara of Kaski district from 20 -21 June 2011. During the 2-day program, various indoor sessions and out-door activities were held.
Under the indoor sessions, the participants were introduced to Amnesty International, the Role of Youth Networks in AI Campaign and Leadership while more sessions on Campaigning Framework, Creative Campaign Techniques and AI Nepal's Priority Campaigns were conducted. The participants also were introduced about campaigning techniques practically by allowing opportunity to perform Role-plays and Group Discussions. Uttam Sapkota, Rajan Kuinkel, Rameshwar Nepal and representatives of Youth Network National Working Group facilitated those sessions.
There was participation of 66 youth representatives (40 Female and 26 Male), from 31 Youth Networks and Youth Network National Working Group.AI Nepal also organized three actions during the Mela (Camp) which includes collection of signature calling Nepal government to access on the Rome Statute, Online Action and Launching of "Make Our Rights Law" campaign.
AI Nepal Organized a signature collection programme on the sidelines of the Youth Camp urging to the Government of Nepal to access on the Rome Statute. As part of a national campaign to ensure justice, truth and reparations in Nepal, Amnesty International has called on the government to commit to ending impunity for genocide, crimes against humanity and war crimes by ratifying the Rome Statute of the International Criminal Court.
Amnesty International Nepal launched an online letter writing campaign during the same Youth Camp. Currently there are two different issues on which the letters to Nepal government can be send by clicking- http://amnestynepal.org/appeal-for-action/ . Now there are two issues – Put pressure on ratification of Rome statute and Optional Protocol - International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).
AI Nepal launched “Make our Rights Law” campaign on 19 June amid an interaction in presence of young activists who were gathered from different part of country. To launch it, AI Nepal organized an interaction amongst representatives, human rights campaigners and young activities highlighting necessity of accession of the OP-ICESCR by Nepal. In the event took place in Pokhara City, AI Nepal had put forward its concept paper to make more clear about the different aspect of the OP. In the interaction, representatives of political party, civil society and other activists supported AI’s call to Nepal government and emphasized that Nepal should be the state party to the OP.
From the same day, AI Nepal accelerated letter writing action. AI Nepal prepared a model letter and made it available for the interested. AI Nepal is planning to collect at least 25 thousands signed letter which will be handed over to the Government of Nepal on 24 Sept 2011.
Various Groups and Youth networks affiliated to AI Nepal organized signature collection program urging to the Government of Nepal to ratify Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Brief news are as follow:
AI Nepal Group-61,Lalitpur organized a signature collection program for the ratification Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).On the occasion more than 500 signature collected.
AI Nepal Group-7,Mahottari organized a signature collection program urging to the government to ratify Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR)
AI Nepal Group-3,Kathmandu organized an interaction program on 4th of July,2011 urging to the government to ratify Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR)
similarly,same group organized an interaction on 4th of July,2011 urging to the government to ratify Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR)
AI Nepal Group-78,Sarlahi organized a signature collection program urging to the Government to ratify Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) . The program held on 30th of June,2011.
AI Nepal Shanti Deep Youth Network,Sarlahi organized a signature collection program on 28th of June,2011about Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).
AI Nepal Labour Group-8,Kathmandu organized a signature collection program on 27th of June 2011 on Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) .
AI Nepal Group-73,Biratnagar organized a signature collection program on 2 August,2011 on Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).
An workshop on Online Action held on 6 August. The main objective of the workshop held at Kakani of Nuwakot district was to empower and encourage young activists to take human rights actions using Amnesty International's Online Action Center which is available on its website www.amnestynepal.org.
Amnesty International Nepal had launched an Online Action Center on its webpage in June 2011. Currently there are three different actions including on International Criminal Court, Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, and Disappearances in Nepal. Through the Action Center, one can send letters to the government of Nepal by raising concerns on human rights.
Altogether 40 (20 girls and 20 boys) representatives from 11 Youth Networks from Kathmandu, Lalitpur, Bhaktapur, Kabhrepalanchowk and Dhading districts participated in the program.
The main aim of the workshop held at Kakani is to identify the online action center of AI Nepal and encourage to the youth for action. On the occasion, Director Rameshwar Nepal facilitated a session highlighting importance of human rights actions in particular importance of letter writing while Webmaster Kundan Parajuli facilitated another session informing steps to take online actions.
From the very beginning, members and supporters of Amnesty International across the world have been writing letters on behalf of victims of human rights abuses. Today, hundreds of thousands of ordinary people throughout the world challenge cruelty and injustice by taking a few minutes to write a letter.
Various Groups and Youth Networks affiliated to AI Nepal organized programs to observe Labour Day .Brief news are as follow:
AI Nepal Group-63,Itahari organized an interaction program on May-1,2011 on the occasion of International Labour Day.
Kathmandu University Youth Network distributed clothes to child labours of surrounding on the occasion of International Labour Day.The youth network collected one rupees from each members of Youth Network to distribute the clothes.
Various Groups and Youth Networks affiliated to AI Nepal organized different training programs.Here is the brief description:
AI Nepal Birtamod Youth Network,Jhapa organized a training program related to human rights on 11th of June ,2011.On the occasion people expressed their views about the role of youth on human rights .
AI Nepal KU Youth Network ,Dhulikhel organized a training program on 21 of April,2011.On the occasion total 45 new members and students participated.
AI Nepal Peace Vision Youth Network ,Bhaktapur organized a training program on maternal mortality on 12th of May,2011.
AI Nepal Group-82,Pokhara organized a training program on Demand Dignity.
AI Nepal Group-6,Itahari organized a training program on 5th of April 2011 about the labour rights on the occasion of International Labour Day.On the occasion signature also collected for the rights of Labours.
AI Nepal Bhaktapur Youth Network organized a training program on 2 June 2011.On the occasion, participants were informed about AI and Universal declaration of human rights.
AI Nepal Barahi Youth Network oranized a training program on Demand Dignity on 12th of April,2011.
AI Nepal,Group-48,Baglung organized a training program about violence against women on 25th of May,2011.On the occasion students studing on class-10 had taken part.
AI Nepal Bhaktapur Youth Network Bhaktapur organized a training program on Universal Declaration of human Rights on 15th June,2011.
Nepal Government honored and congratulated for the contribution of AI.
Amnesty International Nepal organized a grand program in Kathmandu on May 25, 2011, to celebrate 50th anniversary of Amnesty International. On the occasion Deputy Prime Minister of Nepal Bharat Mohan Adhikari shed light the important role that AI has been playing to promote and protect human rights globally. He also congratulated to Amnesty International for its success that achieved globally in the last 50 years.
Speaking in the program Deputy Prime Minister Adhikari said that, "On behalf of Nepal Government, I would like to congratulate Amnesty International for its continuous contribution for the protection of human rights globally and express honor to the organization".
On the occasion more than 200 people, including top level political party leaders, member of parliament, government officials, top level officials from Nepal Police, Nepal Army and Armed police Force, representatives of victim's family, representative from human rights and civil society organizations, former prisoners who were adopted prisoners of conscience or political prisoners by AI, senior advocates, human rights activists and senior journalist had attended the program.
In the program, AI Nepal's Director Rameshwar Nepal made a presentation on some of the highlights of AI's achievement in last 50 years and work done by AI on Nepal. Similarly, AI's Asia Pacific Campaign Coordinator Robert Godden made another presentation about the effectiveness of campaign of Amnesty International. In the programme Chairperson Hem Kumar Khadka and General Secretary Rashmila Bhochhibhoya also shed lights about the important role that AI has played in the world.
Amnesty International, the largest human rights organization in the world, is celebrating its 50th anniversary worldwide on and around the 28th of May. It is marking the anniversary by launching a worldwide Global Call to Action, that asks people everywhere to expand the fight for human rights.
The arrest of the students inspired British lawyer Peter Benenson to begin Amnesty International on May 28, 1961. Over the last 50 years there have been major victories for human rights.
Being a campaign based organization, it will concentrate on integrating campaigns during celebration of 50th anniversary year. AI Nepal has launched a year long campaign calling Nepal government to access on the International Criminal Court Statute.
Groups and Youth Networks affiliated to AI Nepal organized various programs to celebrate the 50th birthday of Amnesty International.Brief news are as follow:
AI Nepal Group-36,Pouthan organized a candle lightning program on 28 may ,2011.On the occasion, an interaction program on 'Amnesty and human rights' also held.
AI Nepal Group-6,Itahari organized a talk program on 28th May,2011 on the occasion of 5oth birthday of AI. On the occasion, Local people, Journalist, civil society, lawyers, rights workers and artists also took part.
AI Nepal Rampur Youth Network ,Chitwan organized a program on the occasion of 50th birthday of Amnesty International. On the occasion, local people actively participated.
AI Nepal Group-43, Banepa organized a program on the occasion of AI's 50th Birthday on 26th May,2011. On the occasion, Rashmila Bhochhibhoya Secretary General of AI Nepal had also taken part.
AI Nepal Shanti Deep Youth Network,Sarlahi organized a candle lightning program on the occasion of AI's 50th anniversary.On the occasion senior people from local level were participated.
AI Nepal Group-43, Banepa organized a program on the occasion of 50th anniversary of Amnesty international. The program held on 28th of May, 2011. On the occasion Bhojraj Timilsina district represantative of Insec, Lokesh Dakal Advisor of AI Nepal, Rashmila Bhochhibhoya Secretary General of AI Nepal and Raju Sarkar Former Director of AI Nepal also took part .
AI Nepal,Group-78,Baglung organized an interaction program on the occasion of AI@50. People participated on the program raised concern to end the existing impunity in the country.
AI Nepal Group-67,Hetouda organized a signature collection program on 28th of May,2011.
AI Nepal Shanti Deep Youth Network ,Sarlahi organized a candle lightning program on the occasion of AI@50.
AI Nepal Group-48,Baglung and Baglung Youth Network organized a candle lightning program on the occasion of AI@50. The program was held on 28th of May,2011.
AI Nepal Birtamod Youth Network,Jhapa organized a training program on the occasion of AI @50.
AI Nepal Group-82,Pokhara organized an interaction program on 20th of June 2011 on the occasion of AI@50.
AI Nepal Group-75,Jhapa organized a signature collection program urging to the Government of Syria to improve the human Rights situation in Syria.
AI Nepal Group-63,Itahari and Itahari Youth Network organized a candle lightning program on the occasion of AI @50.The chief guest of the program was Rajnarayan Mandal,Vice President of AI Nepal.
AI Nepal Mechi Youth Network Jhapa organized a program on the occasion of AI @50.
AI Nepal Group-2 and Kankrebihar Youth Network jointly organized a program on the occasion of AI@50. On the occasion cadle lightning program also held.
AI Nepal Group-31,Parasi organized a candle lightning program on the occasion of AI @50.
Amnesty International Nepal felicitated it's founder Nutan Thapaliya for his contribution to establish Amnesty International in Nepal and also for his contribution for human rights movement in the country. He was felicitated in between the talk program organized on 1st July 2011, in Kathmandu.
On the occasion Kedar Nath Upadhyaya Chairperson of National Human Rights Commission (NHRC) felicitated him. The programme was held as a side-by event of along with a talk programme on transitional Justice organized by AI Nepal.
Addressing to the program NHRC Chairperson Upadhyaya appreciated the continue contribution of Thapaliya in the human Rights sector. On the occasion, Advisor of AI Nepal, Krishna Kandel, Chairperson Hem Kumar Khadka, General Secretary Rashmila Bhochhibhoya and Director Rameshwar Nepal highlighted the contribution of Thapaliya. Felicitated personality Thapaliya thanked all for the felicitation.
Mr.Thapaliya, established Amnesty International (AI) in Nepal in 1969.
Various Groups and Youth networks affiliated to AI Nepal organized different programs on the occasion of International Justice Day.Brief news are as follow:
AI Nepal NishanDeep Group-1,Dhankuta organized a talk program on 'Justice When?'.The chief guest of the program was district justice Rishiraj Mishra and guest was Hem Kumar Khadka president of AI Nepal.All speakers emphasized on immidiate justice to the victims of conflict.
AI Nepal Group-7,Mahottari organized a talk program on the occasion of International Justice Day .The program was held on 17th July,2011.
(7 June 2011)
Item 6:
Consideration of UPR reports
NEPAL
Mr. President,
Amnesty International welcomes Nepal’s support for recommendations to establish accountability for human rights violations and abuses committed during the conflict in the country.
Impunity continues to prevail in Nepal for the widespread human rights violations and abuses that were committed by all sides to the conflict; to date, not a single case has been prosecuted in a civilian court. According to victims, the police refuse to file or investigate their complaints. There are also reports of victims being intimidated by politicians or members of the police and army, to discourage them from seeking justice for the harm they have suffered.
Mr President,
We are deeply concerned by recent comments by Deputy Prime Minister Mahara that the government intends to withdraw more than 300 conflict-era criminal cases currently before the courts, allegedly on the ground that these cases are “political” in nature. The cases include murders, rapes and other serious crimes. Among the cases is that of Arjun Lama, a resident of Kavre District allegedly abducted and killed by Maoists in 2005, and Maina Sunuwar, a 14 year old girl tortured to death by army personnel in 2004.
Six persons are under investigation by the police for their involvement in the killing of Arjun Lama, including Agni Sapkota, a member of the politburo of the Unified Communist Party of Nepal-Maoist (UCPN-M). His recent appointment as a Cabinet Minister, while under police investigation, is in blatant violation of international standards stipulating that those potentially implicated in violations of human rights should be removed from any position of direct or indirect control over victims, witnesses or their families.
We urge Nepal to act swiftly on the recommendations made during the review and to investigate and prosecute alleged perpetrators of violations or abuses of human rights or violations of humanitarian law in proceedings that meet international standards of fair trial. The Truth and Reconciliation Commission and the Disappearances Commission must be established promptly.
Thank you, Mr. President.
24 May 2011
Right Honorable Jhala Nath Khanal
Prime Minister
Office of the Prime Minister and Council of Ministers
Singh Durbar
P.O. Box: 23312
Kathmandu, Nepal
Re: Persistent Impunity in Nepal
Dear Prime Minister Khanal,
Amnesty International, Human Rights Watch, and the International Commission of Jurists write to you concerning recent developments that reinforce long-standing impunity in Nepal. Impunity denies justice to victims of human rights abuses and erodes the credibility and effectiveness of the criminal justice system in Nepal.
We are particularly concerned by recent public comments by Deputy Prime
Minister and Minister for Home Affairs Krishna Bahadur Mahara that the
government is poised to seek the withdrawal of criminal cases currently
before the courts, including the killings of Arjun Lama and Maina Sunuwar.
We also write regarding the appointment of Agni Sapkota as Information and
Communication Minister while he is under police investigation for his alleged
involvement in the killing of Arjun Lama.
Withdrawal of Cases. On 20 May, Minister Mahara stated that conflict-era cases should be withdrawn from the courts. He suggested that ongoing cases against Sapkota, who has been implicated in the killing of Arjun Lama, and Nepal Army Major Niranjan Basnet, who has been implicated in the killing of Maina Sunuwar, may be among the cases withdrawn. In October 2008, when the government recommended the withdrawal of 349 cases on the grounds that they were ”political” in nature, those cases included murders, rapes and other serious crimes. The National Human Rights Commission condemned the withdrawals and the Supreme Court of Nepal ruled that any withdrawal decisions must be subject to an independent review by the courts. In February 2011, Attorney General Yuvraj Sangroula made a public commitment to oppose the withdrawal of pending cases.
The politically motivated withdrawal of cases would constitute a breach of the government's obligations under international law, which prohibits de facto or de jure amnesties for crimes under international law, including gross human rights violations. Where there is evidence of bias and political motivation AI index: ASA 31/003/2011 behind particular prosecutions, a transparent and impartial procedure should be established to review those prosecutions on a case-by-case basis.
Appointment of Minister Sapkota. Agni Sapkota is one of six persons under
investigation by the Nepal police for their alleged involvement in the April
2005 abduction and killing of Arjun Lama, a resident of Kavre District. The
appointment of Sapkota, a member of the politburo of the Unified Communist
Party of Nepal–Maoist (UCPN-M), while he is under police investigation sends
a strong signal of government indifference to such serious allegations and
reinforces the culture of impunity in Nepal.
In August 2008, the Supreme Court issued a directive ordering the police to
register a First Information Report naming six Maoist cadres, including
Sapkota, explicitly rejecting arguments that the case should instead be heard
by a future Truth and Reconciliation Commission. The charges are so serious
that on 26 June 2010 the US embassy in Kathmandu denied a visa to
Sapkota due to “serious and specific human rights allegations associated with
his conduct during the insurgency.” Despite the Supreme Court order and
allegations against Sapkota, the UCPN-M has withheld cooperation from the
authorities and protected him from arrest. Lawyers working on behalf of
victims have been threatened by Maoist cadres. The UCPN-M has not given
any justification for its attempts to block this investigation.
The UN Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions and the UN Principles on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment state that those potentially implicated in
such violations should be removed from any position of direct or indirect
power or control over victims, witnesses and families, pending disposition by
an independent legal process. The UN Human Rights Committee has also
affirmed this principle. Persons in senior levels of political authority, such as
ministers, may well be in a power and control relationship with victims,
families and witnesses. The appointment of Mr. Sapkota appears inconsistent
with these principles, and further highlights the need to establish a proper
vetting mechanism to ensure that those against whom there are credible
allegations of involvement in human rights violations do not assume positions
of power in government until they have been cleared through an independent
and impartial process.
The Role of Transitional Justice Institutions. A number of government officials and senior politicians have recently made statements suggesting that conflictrelated violations should be dealt with exclusively by non-judicial institutions, such as a Truth and Reconciliation Commission, and not by the criminal justice system. This reflects a basic misunderstanding about the appropriate role of such institutions. As is clear from the draft legislation now being considered by the parliament, the proposed commissions will not have prosecutorial powers and cannot act as a substitute for Nepal's existing and permanent rule of law institutions responsible for investigating and punishing violations of criminal law.
AI index: ASA 31/003/2011 Prosecutions should not be characterized as impediments to the establishment of sustainable peace. Not only will prosecutions address outstanding abuses perpetrated during the conflict, but will contribute to addressing widespread impunity before the law. Achieving both of these aims is essential to ensure that gross human rights abuses are not repeated and to build respect for the rule of law in Nepal, which will help build a lasting peace. We urge you to ensure police investigations and criminal cases for human rights abuses are allowed to proceed without political interference. Cases of serious human rights abuses should not be dropped for political reasons. We also urge you to reconsider the appointment of Agni Sapkota as Information and Communication Minister until police investigations into his alleged involvement in the killing of Arjun Lama is resolved in a professional and transparent manner. In addition, we call upon the government to live up to the commitment to end impunity that it made during the Universal Periodic Review of the Human Rights Council in February. The government should issue a clear and unequivocal statement that Nepal’s long-awaited Commissions on Enforced Disappearances and on Truth and Reconciliation cannot replace criminal prosecution and punishment of those responsible for human rights abuses.
Finally, we ask you to send a strong public message that your government will not tolerate threats to families of victims, victims, and human rights defenders in this, or any other, case. We thank you for your attention to these matters.
Sincerely,
Sam Zarifi
Asia-Pacific Director
Amnesty International
Brad Adams
Executive – Asia Division
Human Rights Watch
Frederick Rawski
Nepal Country Representative
Represantative of Amnesty International secretariat visited Nepal on second week of July,2011.On the occasion she had participated on various programs .
She had visited Group-43,Banepa on 22 July 2011. convener Tika Bhakta Bhochhibhoya briefed her about the activities of the Group.Along with her HemKumar Khadka Chairperson of AI Nepal, Rashmila Bhochhibhhoya Secretary General ,Surya Bahadur Adhikari,Treasurer and Director of AI Nepal Rameshwar Nepal also were present on the occasion.
She also visited to Budhanilkantha Youth network and took the information about the activities.Various Groups and Youth Networks affiliated to AI Nepal organized various program on different occasion.Brief news are as follow:
AI Nepal Group–48, Baglung and Baglung Youth Network organized a debate competition at Adarsa Higher Secondary School on the occasion of 26th May,2011.
The subject of the debate was Role of student to reduce child mortality.On the occasion,Pratikcha Acharya ,Sagun KC and Sristi Poudel of class-10,continuously secured the first,second and third position. Similarly,the same Group-48,organized a health camp on 29th April,2011.
AI Nepal Group-64,Chitwan organized a talk program on the occasion of International Justice Day.The program was held on 17th of July,2011.
AI Nepal Group-43,Banepa organized a regular meeting on 18th of June 2011.On the occasion, 'one rupees,one signature and one life' named signature campaign organized.On the occasion, participant sent a letter to the president of Cortdivor urging him to end misbehave to former president Larent Jibagbo.
AI Nepal Group-48,Baglung organized a program related to HIV-AIDS on 3 May,2011.
AI Nepal Group-21,32 and 34 Kathmandu organized a sinature collection program for the protection of Human Rights in Syria.
AI Nepal Group-83,Damak organized a signature collection program on 1st of June 2011 about human rights protection in Libya.
AI Nepal Group-61,Lalitpur organized an interaction program about 'security and human rights'. The program was organized by bagdole development society,Police Prabhag Sanepa,Community Police ,Mothers Group,Nepse Mack,Baglung welfare Trust and others jointly organized the program.
AI Nepal Trade Union Group-41,Biratnagar organized a well -wishing program on the occasion of New year of BS. on 14th of April,2011.
AI Nepal NishanDeep Group-1,Dhankuta organized a letter-writing program urging to Malaysian authority for protection of rights of member of Parliament Mr. Jaya Kumar Debaraj.
AI Nepal Annapurana Group-54,Pokhara organized an interaction program about Amnesty International and Human Rights.
AI Nepal Group-21,32 and 34 Kathmandu organized a signature collection program urging to the syrian authority to respect the humanrights on 26th of May,2011.
On the occasion Depputy General Secretary of AI Nepal Rajan Kuinkel,Central member Pratap Poudel,woman member Usha Khand ,coordinator of Appeal committiee Uttam Sapkota,advisor Krishna Kandel,Founder of AI Nepal Nutan Thapaliya and others also participated.On the occasion, more than 1thousand people signed on signature.
AI Nepal Group-83,Damak organized a signature collection program urging to the authority to respect the human rights in Libya.
AI Nepal Group-8,Kathmandu organized a letter writing program urging to Indian Government to release environment activist Ramesh Agrawal and Dr. Harihar Patel without pre –condition.
AI Nepal Group-69,Surkhet organized a rally on the occasion of International Justice Day on 16th of July 2011.
AI Nepal,Group-80,Kathmandu organized a signature collection program against the existing death penalty in Malaysia on 20th of July,2011.