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University of San Diego Joan B. Kroc Institute for Peace & Justice

 

 

 

Nepal Under Military Rule

 

The Undermining of Democracy
and the Constitution of Nepal

5th Public Appeal from the Nepalese Human Rights Community

 

March 15, 2005

In response to the ongoing violations of human rights in Nepal after the King's invocation of Article 27-C to usurp all state power, which is a fraud on the Constitution of the Kingdom of Nepal, 1990, we, the members of the Nepalese human rights community, issue this 5 th public appeal to the international community to continue their actions against the new regime in order to establish democracy, freedom and political rights in Nepal.

As the 61 st Session of the UN Commission on Human Rights convenes, we express our sincere concern over the continuing abuse of human rights in Nepal. We are encouraged by international organizations and European countries calling for a resolution on Nepal. At a time when the "government" of Nepal is unconstitutional, political space is stifled and civil society has been silenced, we must have an independent body to monitor the situation and insist on accountability. While Nepalese authorities argue that the National Human Rights Commission is that independent body, its members will soon be replaced by the King and it will no longer be independent. Therefore, we call on member states to pass a resolution under Agenda Item 9 to approve the appointment of a Special Rapporteur for Nepal. Should the proposal be rejected under Agenda Item 9, we call on member states to pass a resolution under Agenda Item 19 for a UN monitoring body to be deployed to Nepal.

Although a few political leaders have been released, mass arrests and detentions continue throughout the country. We are concerned for the well-being of those detained, especially individuals with health conditions and demand that Nepalese authorities abide by international humanitarian and human rights law.

We condemn the Nepalese authorities' instruction to the court to refuse to take habeas corpus cases and cases regarding non-suspended rights. We demand that the Supreme Court take these cases and pursue legal remedy. While the people have no due legal process for even their non-suspended rights, all people are in jeopardy of having their rights further abused.

We are deeply disturbed by the King's deployment of security forces (the Royal Nepal Army and the Armed Police) to media stations, telecommunication offices, and other civilian, private sectors to control and monitor Nepalese civilians. We also condemn the abuse of power demonstrated by the security forces' security sub-committee. They have dictated procedures to other ministries, such as the Ministry of Women, Children and Social Welfare to create a code of conduct to control international and national nongovernmental organizations, and the sub-committee is overseeing the re-registration and granting of mobile phones in the country.

As United States Secretary of State, Condoleeza Rice, visits South Asia, we call on the U.S. government to ally with India in condemning the undemocratic actions of the King and to suspend all military aid to Nepal. It is necessary for the international community, especially the United States and Nepal's neighbors, to act in the interest of pursuing full democracy and full protection of human rights in Nepal.

While media outlets continue to be fully censored the only source of information has been the security forces and the King's regime. They have launched a massive propaganda campaign placing false information in the news and creating allegations against individuals of corruption and ties with Maoists that can not be independently investigated. Their propaganda campaign has gone to the extent of calling for the making of "pro-national" films for the Nepalese public. There are also reports that Nepalese authorities have begun spreading propaganda with the purpose of fractioning the Maoist cadres. This can only lead to the splintering of armed groups that do not answer to a single leader, making any future negotiated settlement to the conflict impossible.

The human rights community of Nepal calls upon the international community to undertake the following measures.

  • To pass a resolution under Agenda Item 9 at the UN Commission on Human Rights to appoint a Special Rapporteur to Nepal.
  • To pressure Nepal's judiciary to act independently towards guaranteeing the basic rights of the people and register habeas corpus cases as well as non-suspended rights cases.
  • To publicly condemn the actions of the King, suspend military aid, and publicly support full multi-party democracy in Nepal.
  • That member states of the United Nations take immediate measures to suspend the Nepalese military's participation in UN Peacekeeping Operations, considering their poor human rights record.
  • To pressure the King's regime to halt the arming of civilians and stop propaganda that will only decrease the chances for a political solution to the ongoing conflict.
  • To pressure the King's regime to ensure the safety of human rights defenders, journalists, and lawyers so they may carry out their legitimate activities without any form of interruption.
  • To pressure the Nepalese authorities to reinstate all fundamental human rights of the citizen and immediately lift all forms of media censorship.
  • To take immediate measures to stop the new regime's attempt to control and regulate the activities of national and international nongovernmental organizations as per the decision of the Security Sub-Committee.
  • To pressure the new regime to disclose the whereabouts of the illegally detained, to refrain from torture, and initiate immediate measures for their unconditional release.
  • For the international media to continue reporting on the situation in Nepal, while the local media has been under complete censorship by the military.

Finally, we ask concerned citizens of all nations to express their solidarity with the Nepalese people and for them to call upon their own governments for the above mentioned actions.

We thank for your continuing efforts to establish democracy and freedom to Nepal.

This appeal has been submitted on behalf of 25 leading Human Rights Organizations. Due to the current threat to human rights defenders, the names of the organizations have been kept confidential.