Peace process still fragile: Arbour

Kantipur Report

KATHMANDU, Oct 20 - UN High Commissioner for Human Rights Louise Arbour, in her report on Nepal to the General Assembly Wednesday, warned that the ongoing peace process is "still fragile" and any setback to it risks a potentially devastating impact on the human rights situation.

The report has urged the parties to ensure that human rights remain central to the peace process in order to ensure that sustainable peace is secured.

The report - which has documented human rights violations over the months preceding the April movement and during and after it - has implicated the government and Maoists, as well as other armed groups, in committing human rights violations even after the ceasefire declaration.
"A major improvement in the human rights situation was observed immediately after the establishment of the new government," said the report, presented to the Third Committee (Social, Humanitarian and Cultural) of the 192-member General Assembly. "The current improvements remain fragile and any setback to the peace process risks a negative and potentially devastating impact on the human rights situation."

For peace to be sustainable in Nepal, the report said, "human rights must underpin the peace process throughout".

Arbour's report said tackling the climate of impunity remains the "single-most difficult human rights challenge".

The report has held all branches of security forces responsible for excessive use of force. It also said the pattern of long-term disappearances which dominated previous years ended during 2005. "There are, however, many challenges remaining with regard to upholding and strengthening respect for human rights… including ongoing violations and impunity."
The report has also urged the concerned bodies to empower the National Human Rights Commission, which is the "single largest human rights monitoring presence" in Nepal.
Another aspect seriously raised in the report is the weakness or absence of law enforcement and systems for administration of justice, which has deprived the people of fundamental public services. "...the state lacks the capacity or at times the will to undertake law enforcement and judicial functions… The security vacuum risks being filled… through communities taking justice into their own hands."

Despite the ceasefire in place, according to the report, continuing abuses by the CPN-Maoist - including abductions, ill-treatment, killings and child recruitment - and violations by the police and the Nepal Army are documented. "Despite the ceasefire, dozens of children - including some as young as 12 - were reportedly recruited in PLA and militia activities."

Such abuses, which undermine commitments given by the parties to respect human rights, must be ended, said the report. It has also rapped the rebels for continuing with forced collection of tax and donations.

The report has said two other armed groups -- Terai Janatantrik Mukti Morcha and vigilantes -- have violated civilian rights.

According to the Nepal mission in New York, general discussions on the agenda items will take place next week and Nepal will then post its reply to Arbour's concerns.