Nepal Crisis

Human Rights Community Resists Authoritarian Regime

Press Statement

June 5, 2005, Kathmandu
translated from Nepali

1. The meeting of the National Coalition of Human Rights Defenders, on June 5, 2005 protests the unconstitutional and undemocratic royal move of February 1 st , 2005. We strongly urge concerned agencies to undertake necessary steps to establish democracy and human rights in the country.

2. The state is systematically dismantling the structures of democratic polity and constitutional bodies. We demand that the state stop all undemocratic and irresponsible acts with immediate effect.

3. The state has been interfering with the norms of an independent and impartial judiciary by committing contempt of court and arresting released detainees from the premises of the Court. We call upon the state to enforce the universal principles of independent judiciary and for the authorities to abide by those principles.

4. We express our moral support of the seven-party peaceful movement to resolve the current political stalemate and ongoing conflict, while we believe that democracy and human rights are intricately linked to each other.

5. We protest the ongoing arrest of political party leaders and their cadres, lawyers, journalists, human rights defenders and civil society members, and the restrictions to carrying out their legitimate activities. We demand the release of all political prisoners without precondition.

6. The recent process of reappointing the chair of the National Human Rights Commission (NHRC) and its newly appointed members through amendment of the National Human Rights Commission Act, 1997 is illegitimate and the NHRC no longer complies with the norms of the "Paris Principles" of the National Human Rights Institutions that includes autonomy, independence, impartiality, efficiency and professionalism. We state that civil society and the human rights community do not intend to carry out any form of dialogue, support or coordination with the newly formed NHRC body, whose very means of formation is undemocratic and whose members have shown favor for autocracy and do not support democracy and human rights. We also demand that the NHRC maintain the secrecy of the sensitive information that is stored at the NHRC.

7. The Royal Commission for Corruption Control (RCCC) formed during the period of "state of emergency" and its continuation under the pretense of Article 127 of the 1990 Constitution is completely illegitimate. We demand the termination of the RCCC because it was established to dismantle the existence of the political parties and civil society. We also call upon all to not provide any form of cooperation to this illegitimate body, the RCCC.

8. The state appears committed to disabling the existence of private media and newspapers at any cost by curbing the norms of independent and objective journalism. We strongly protest the order to shut down the media institute Communication Corner, the decision of stopping welfare advertisements to private newspapers, and the unconstitutional and undemocratic proposed amendment of media laws via royal ordinance.

9. The appointment of regional and zonal administrators, with equal status of constitutional bodies, is unconstitutional and violates the "Local Governance Act" and the principles of autonomous governance.

10. We urge friendly countries, particularly the Republic of India, the United States and the United Kingdom, to stop all forms of military aid to Nepal, while the state is involved to creating armed militias and providing them arms and training in the name of creating Village Security Forces. We are convinced that those arms may be used to suppress the ongoing democratic and human rights movement in Nepal.

11. We do not believe that there is a military solution to the nearly 10-year-old conflict in the country, while it is currently becoming more complex. We believe that resolution of the conflict can be achieved only through political dialogue held without pre-conditions and that the royal move of February 1 st was not performed with the intention to resolve the conflict. We, the human rights community, state that the democratic process must be established for sustainable peace that could be achieved under democratic polity initiated by the direct participation of the people. We also demand that the state ensure a conducive environment to carry out independent investigations regarding increasing human rights abuses.

12. We also strongly condemn the regime's act of dismantling national human rights protection mechanisms through administrative and legal decisions, the arrest of human rights defenders and journalists who try to monitor human rights abuses and carry out independent news reports, and the arrest and house arrest of political leaders and their cadres, who are demanding democratic and political rights. We demand the unconditional and immediate release of all arrested political leaders and their cadres, human rights defenders and journalists. We also demand with all actors in Nepal the creation of a conducive environment for the enforcement of human rights and humanitarian laws by respecting the principles of the "rule of law."

13. We demand that the state comply with their responsibilities declared in the Memorandum of Understanding (MOU) signed with the Office of the High Commissioner for Human Rights on 11 April 2005 and in the resolution adopted under 'Agenda Item 19" by the 61 st UN Commission on Human Rights on 20 April 2005.

On behalf of the National Coalition of Human Rights Defenders

[formerly known as the group of 25 human rights organizations]

Subodh Raj Pyakurel
Dr. Gopal Krishna Siwakoti
Shobhakar Budhathoki
Gauri Pradhan
Shanta Lal Mulmi
Ganga Kasajoo