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Nepal Government Disables National Human Rights Commission

Issue 43, October 21, 2012

By KTM Metro Reporter 

October 18, 2012: human rights official and activists say that the lack of independence of the National Human Rights Commission (NHRC), frequent changes of government and an ongoing political stalemate have weakened the ability of NHRC to pursue the war-time crimes according to the news posted on the website of IRIN. 

During the conflict between the Maoists and the government, both sides had committed human rights violations leading to the death of almost 18,000 innocent Nepalis. None of the perpetrators of human rights violation has been prosecuted so far. 

Recently, the UN human rights agency has published the report on the human rights violations in Nepal but the government of Nepal instead of welcoming it questioned the validity of the report and the legitimacy of the UN agency to publish it without the consent of the government of Nepal. 

Both the Maoists and the Nepal Army officials that had perpetrated the human rights violations during the decade-long conflict not only enjoyed impunity but also got promotion. None of the government formed after the CA was elected had seriously thought about setting up truth and reconciliation commission (TRC) to complete the peace process but every government including the current government had promoted the Nepal Army officials allegedly involved in human rights violation. 

“We have worked with five prime ministers over the last six years but none of them did anything to enforce legal action against perpetrators or showed interest to form TRC,” said senior NHRC official and commissioner Gauri Pradhan, writes IRIN. 

The US-based Asia Foundation provided NHRC nearly US$100,000 in 2012 but NHRC could not spend it all, and recently returned $70,000. Most of the unspent funds were designated for rapid response to ongoing conflict surrounding the constitution-making process according to IRIN. 

 “NHRC is an important institution that deserves and requires as much support as possible. That being said, certain conditions within NHRC need to improve,” said Asia Foundation’s program officer in Nepal, Diane Fernandez. 

NHRC commissioner Pradhan said that the government acted on the NHRC’s recommendations mostly concerning reparations but other recommendations for prosecuting the Maoists and state security forces accused of gross human rights violations had been ignored so far. 

Based on NHRC’s recommendations, the government has distributed more than $12 million in reparations to more than 1,000 victims (and/or their families) of torture - the exact number is still being calculated - enforced disappearances and execution. It took on average of at least two years per file claimed due to “complications” said Pradhan. The compensation awarded was some $4,000 for executions, $1,500 for enforced disappearances and $350 for torture, depending on circumstances, the commissioner added. 

But the process did not go far or fast enough, said Devi Sunuwar, whose daughter, Maina, was allegedly tortured and killed by army personnel in 2004 on suspicion of being a Maoist supporter. It took Sunuwar six years, after filing her claim, to receive $1,500. 

http://www.irinnews.org/Report/96579/NEPAL-Government-hobbles-human-rights-commission

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