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Protection of Human Rights Defenders In Nepal
By KTM Metro Reporter
June 23, 2011: Following the adoption of the outcome report on the UPR of Nepal, Advocacy Forum (AF) and the Asian Human Rights Commission (AHRC) have deplored the refusal of the government of Nepal to commit to provide the human rights defenders with protection in Nepal. Human Rights Defenders have been working side by side with the victims of human rights violations to put an end to the impunity. Ensuring an environment conducive to work for them is essential if the government is serious to protect human rights in Nepal. Human rights defenders found themselves at the front line of the fight against impunity and are therefore the prime targets of threats, intimidations, physical attacks and harassment. Human Rights activists, and lawyers working against impunity by litigating for prosecution for the crimes of serious human rights violations are particularly vulnerable to attacks.
The government has indicated, "Security agencies are active in ensuring security of all citizens including the rights defenders, journalist and women activists. The rights violators are prosecuted as per law".
Contrary to the government's claim for bringing the perpetrators of human rights violence to justice, Nepal has largely failed to its international obligations to promptly investigate such acts and bring the perpetrators to justice. When attacks, harassments or threats of attacks are reported at the police station, the police very scarcely provide the defender at threat with protection or launch a thorough inquiry into those allegations, let alone initiate prosecutions against the perpetrators.
This current situation shows that the lack of comprehensive mechanisms to ensure the protection of the work of the human rights defenders directly infringes on the realization of a number of rights, including freedom of expression or the right to an effective remedy, which are fundamental for the building of a democratic society, say AF and AHRC.
Nepal needs to provide human rights defenders and lawyers providing victims of such acts with an effective remedy, which involves prompt investigations into all allegations of attacks or threats against human rights defenders and to prosecute the perpetrators. Such actions are not only required to put an end to the current practice of attackers on human rights defenders going free with impunity but also are the parts of Nepal’s international obligations.
AF and AHRC strongly urge the government of Nepal to explicitly accept all their recommendations and to commit to enforce them in good faith, in a prompt and transparent manner. The government’s intention to launch a special program to ensure further protection of human rights defenders is a welcomed move and they encourage the government to promptly indicate a timeline for the adoption of such plan as well as to commit to design the plan in line with the requirements of UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
The state needs to recognize the work of human rights defenders and of the role they have played in the society, addressing the issue at the policing level by giving clear and imperative instructions to the police to properly investigate all cases of threats against human rights defenders, providing them with adequate protection if necessary and bringing the perpetrators to justice and paying special attention to the specific needs of defenders working with vulnerable groups, including women, AF and AHRC say.
