US embassy cable - 03KATHMANDU2469

S E C R E T SECTION 01 OF 04 KATHMANDU 002469 
 
SIPDIS 
 
NOFORN 
 
DEPT FOR SA/INS AND SA/RA, LONDON FOR POL/GURNEY, NSC FOR 
MILLARD 
 
E.O. 12958: DECL: 12/17/2013 
TAGS: PARM, PHUM, PGOV, NP, Maoist Insurgency, Human Rights 
SUBJECT: NEPAL: A/S ROCCA AND CHIEF OF ARMY STAFF DISCUSS 
THE INSURGENCY AND HUMAN RIGHTS 
 
REF: A. (A) KATHMANDU 1805 
     B. (B) KATHMANDU (DOTI) 
     C. (C) KATHMANDU (TACTICS) 
 
Classified By: Ambassador Michael E. Malinowski for reasons 1.5 (b,d). 
 
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Summary 
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1. (C) On December 17, Christina Rocca, Assistant Secretary 
of State for South Asia, met with Nepal's Chief of Army 
Staff, General Pyar Jung Thapa, to discuss the army's 
counter-insurgency efforts and human rights.  The two also 
touched upon the possibility of Nepal providing peacekeepers 
in Iraq, U.S. military assistance and elections.  Ambassador 
Malinowski accompanied the Assistant Secretary to the 
meeting.  Following the meeting, Rocca was given a detailed 
briefing by Thapa's General Staff, reported septel.  End 
Summary. 
 
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Operations in Iraq 
------------------ 
 
2. (C) On December 17, Christina Rocca, Assistant Secretary 
of State for South Asia, met with Nepal's Chief of Army 
Staff, General Pyar Jung Thapa, to discuss the army's 
counter-insurgency efforts and human rights.  General Thapa 
opened his meeting with A/S Rocca by congratulating the 
United States on capturing Saddam Hussein in Iraq.  Nepal 
values U.S. leadership in fighting terrorism worldwide, he 
said.  Thapa expressed support for U.S. operations in Iraq, 
claiming that the Royal Nepal Army (RNA) is ready to send 
troops for peacekeeping, but that the decision must be made 
politically.  (Note.  In Rocca's meeting with de facto 
Foreign Minister Bekh Bahadur Thapa, she was told that the 
provision of RNA troops to Iraq is under consideration.  End 
Note.)  COAS Thapa suggested that the army had been ready to 
send a battalion to Iraq, but other peacekeeping duties in 
Liberia and Sierra Leone and ongoing anti-insurgent 
operations at home have reduced the RNA's commitment to a 
company.  Once the RNA's tour of duty in Sierra Leone is 
complete in December 2004, Thapa would be willing to 
contribute a full battalion to Iraq.  Thapa appreciated U.S. 
moral and material support in the RNA's fight against the 
Maoist insurgency, noting that the M-16 rifles have helped 
considerably to raise army morale and that the army needs to 
increased mobility offered by Huey II helicopters. 
 
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Progress on Countering the Insurgency 
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3. (C) Thapa claims a loss of legitimacy within the Maoist 
movement.  He believes that the Maoist use of terrorist 
tactics has alienated the people.  Thapa perceived a 
disconnect between the Maoist military and political wings, 
with the military side beginning to dominate the political 
one. 
 
4. (C) Thapa noted that Maoist extortion has increased 
dramatically this year.  As an example, Thapa described how 
one citizen in Kathmandu had informed the RNA that Maoists 
had demanded he pay them NRs 500,000 (roughly USD $6,750). 
Based on the information this person provided, the army was 
able to arrest the Maoists involved.  Continued Maoist 
intimidation and abuse, he said, has caused large numbers of 
able-bodied Nepalis to flee the countryside.  Some, Thapa 
claimed, have committed suicide in an attempt to escape the 
Maoist threat.  In instances where local villagers have 
managed to fight off the Maoists, the RNA hoped to establish 
base camps nearby in order to prevent the insurgents from 
returning, he said.  Based on prisoner questioning, Thapa 
believes that many Maoists have become demoralized and 
disillusioned because of the increased use of terrorist 
tactics, while at the same time the movement's leaders remain 
outside Nepal comfortably distant from the action. 
 
5. (S/NF) Thapa reported that the RNA recently captured a 
Maoist battalion commander, who had been traveling from the 
western to the eastern division in an effort to shore up the 
weaker Maoist presence in the east.  According to Thapa, the 
Maoist commander was surprised to find himself still alive 
after several days of incarceration.  The rumor among the 
Maoist cadre is that the RNA will kill or brutalize any 
Maoist found alive, which Thapa clearly said was not true. 
The commander, he said, appeared on Nepali television, which 
later led to the surrender of another Maoist battalion 
commander.  Thapa also confided that the army has captured 
the sub-commander of the Maoist Kathmandu Valley special 
operations assassination/bombing unit.  Under the eye of army 
staff, the commander continues to use his cell phone to 
communicate with other Maoist leaders and is, therefore, 
providing valuable intelligence to the RNA.  With this 
information, Thapa appeared hopeful that they would soon 
capture other high-level insurgents, including those 
responsible for the murder of two U.S. Embassy security 
guards in 2001 and 2002.  In Pokhara and Kathmandu, Thapa 
claimed, the army have taken into custody several Maoists 
working in the special operation branch.  Additionally, the 
intelligence gathered by these detainees has led to the 
seizure of significant amounts of explosives, truck loads of 
Maoist propaganda and 13 Chinese-made pistols in recent 
weeks.  The RNA also has defused one bomb in a popular 
shopping arcade in Kathmandu that would have killed over 200 
people, Thapa said.  (Note.  The assertion that a Maoist 
explosive could kill over 200 people is somewhat exaggerated. 
 The highest casualty from a single Maoist improvised 
explosive device (IED) that we are aware of to date killed 10 
members of the security forces.  End Note.)  Ambassador 
Malinowski emphasized USG desire for catching the Maoists 
responsible for ordering the killing of two Nepali guards of 
the U.S. Embassy.  Thapa replied in the affirmative.  The 
army, through intelligence gathering, has successfully 
prevented the Maoists from disrupting life in Nepal's urban 
centers, he concluded. 
 
6. (C) Ambassador Malinowski suggested that the RNA could use 
the International Committee of the Red Cross (ICRC) to help 
get the message out that the army is not mistreating 
detainees.  Thapa responded that the army does not want to 
hold prisoners, but problems within the judicial system gives 
them little choice.  He worried that the release of Maoist 
prisoners during the cease-fire had demoralized his troops, 
suggesting that he does not want to see the same thing happen 
again.  (Note.  The GON draws a close connection with the 
release of the Maoist prisoners and the assassination 
attempts on two army colonels in August.  End Note.) 
According to Thapa, the RNA would like to hold prisoners 
without informing civilian authorities in order to avoid 
divulging identities of Maoists who are providing the 
intelligence to the army.  He said he is working with the 
Attorney General's office to get legal permission to hold 
prisoners for three months, vice 24 hours.  (Note.  Under the 
Terrorist and Destructive Activities Act, the RNA already has 
authority to hold prisoners incommunicado for 3 months as 
long as they inform the relevant Chief District Officer.  End 
Note.) 
 
7. (C) Thapa claimed that dozens of female Maoist fighters, 
among them twelve- and thirteen-year-old girls, have 
surrendered to the army.  One such girl had lost her hand in 
combat and reportedly had been raped by her fellow Maoists. 
Thapa indicated that the Nepali NGOs that provide shelter to 
victims of violence have refused to take in these former 
Maoists for fear of reprisal by the insurgents. 
 
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Human Rights Abuses 
------------------- 
 
8. (C) A/S Rocca steered the conversation towards human 
rights, noting that human rights abuses, if left unchecked, 
could undermine U.S. security assistance to Nepal.  She 
explained that U.S. laws require a demonstrable commitment to 
human rights as a condition for U.S. security assistance. 
Thapa prefaced his comments on human rights by highlighting 
the RNA's long history, including its role in uniting Nepal, 
fighting both the Chinese and British armies, in the 19th 
century, participating in both World Wars on the side of the 
Allies, and contributing to many peace keeping operations, 
such as Haiti, Somalia, Liberia and Sierra Leone.  Thapa 
emphasized the importance of civilian control over the army, 
the mission of which is to serve and defend the people.  "We 
are fighting for democracy and security for the people," he 
said. 
 
9. (C) Thapa said that although no innocent people should be 
killed, incidents sometimes occur.  He reported that roughly 
17 incidents of alleged human rights abuse have occurred and 
provided A/S Rocca with a summary of the status of the RNA 
investigations.  Thapa offered to provide the Embassy with 
details in Nepali for any specific investigation.  According 
to Thapa, he has conveyed to his troops the importance of 
respecting human rights and has provided human rights 
training, through ICRC, the U.S. and others.  The RNA's human 
rights cell has conducted investigations into 17 cases of 
human rights abuse and, in some cases, the soldiers 
responsible have been punished.  In the Ramechhap incident 
(reported ref A), those killed by the RNA were among the top 
Maoist commanders in the East, he said.  Thapa believes that 
the deaths of these leaders significantly set back the Maoist 
campaign in Eastern Nepal.  According to the National Human 
Rights Commission report on the incident, said Thapa, all 17 
dead had their hands tied and were shot at close range. 
(Note. The NHRC report indicated 19 people were killed while 
the RNA suggests only 17 died. End Note.)  The RNA 
investigators, however, found only 5 had been tied up and 
shot while the other 12 were killed in an ambush.  Thapa 
intimated that the local villagers are not willing to speak 
to the army against the Maoists for fear of reprisal.  The 
insurgents recently killed a health worker of Doromba 
claiming she was an army spy, he said.  Thapa noted that an 
RNA Major had led the joint patrol, which included army and 
armed police personnel.  An RNA Captain, however, is under 
investigation for the incident.  Since the incident, the army 
has established a camp in Doromba to allow "life to return to 
normal." 
 
10. (C) Regarding the Doti incident (reported ref B) in which 
four students were killed when an RNA patrol attacked Maoists 
at a local school, Thapa suggested that the Maoists used the 
students as hostages and human shields.  With the commander 
of the security patrol absent that day, the second-in-command 
did a "fairly good job," he said.  Thapa explained that the 
army had stormed the school building from the roof in an 
effort to take the teachers and students out of the building. 
 However, the Maoists, pretending to be students, tried to 
escape and were shot.  According to Thapa, it later was 
discovered that some of those shot were not Maoists, but 
students.  (Note. The results of an investigation by a group 
of NGOs differ in some respects from the RNA's account.  End 
Note.) The RNA investigation concluded that the security 
patrol should have used more common sense, but had not 
committed deliberate human rights violations. 
 
11. (C) Thapa admitted that an incident in Khotang, in which 
one school teacher and two others were killed, "looks bad." 
According to the RNA's ongoing investigation, a group of 
locals had identified the three individuals as Maoists. 
After apprehending the three, the RNA patrol decided to untie 
them and let them go.  It was decided that if the group ran, 
they were guilty, and if not, they were innocent.  After 
being released, the group ran and were shot by the soldiers. 
Thapa added that if the investigation shows that this was the 
case, those responsible will be punished. 
 
12. (C) Rocca asked whether the results of these inquiries 
have been publicized.  Thapa replied quickly, "Yes. 
Definitely."  (Note.  While its true that the RNA has 
provided the Embassy with the results of its findings, the 
RNA has not publicized them within Nepal.  End Note.)  Thapa 
emphasized that no army soldiers have been able to go home 
since the cease-fire's collapse in August.  Although Maoists 
are threatening, and in some cases killing, families of army 
personnel, he explained, RNA policy prohibits soldiers from 
targeting Maoist families.  "We hold our troops to a higher 
standard," he said.  Thapa unequivocally stated that the army 
has not participated in any torture or extrajudicial 
killings.  Thapa averred that, generally, the RNA's record is 
nearly equal to any army working under similar conditions. 
Without army involvement against the insurgency, Nepal "could 
have been a failed state," he concluded. 
 
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U.S. Military Assistance 
------------------------ 
 
13. (C) Thapa reiterated his appreciation for U.S. military 
assistance, claiming it has helped raise the morale of his 
troops, and looked forward to continued bilateral 
cooperation.  Thapa noted the need for additional 
helicopters, specifically the Huey II, to enhance army 
mobility.  Rocca explained that providing helicopters would 
depend largely on Nepal's FMF appropriations in the U.S. 
budget.  "We would like to assist in any way within our 
budget constraints," she added.  Thapa asserted that Nepal 
will be a success story.  The high quality of troops and 
well-trained officers make it just a matter of time before 
Nepal returns to peace and democracy, he said. 
 
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Elections 
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14. (C) Lastly, Thapa mentioned that Nepal's Election 
Commission needs to direct the RNA on its appropriate role 
for elections, which Prime Minister Surya Bahadur Thapa has 
committed to hold as soon as possible.  In the past, the 
Election Commission has tasked the army with printing, 
transporting and securing the election ballots, he said. 
Thapa believed that municipal elections could be held now, 
whereas village- and district-level elections would have to 
be conducted in phases across the country, perhaps in a year 
or so. 
 
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Comment 
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15. (C) Thapa's prognosis for the Maoist insurgency's future 
is optimistic -- probably too optimistic.  While we agree 
that the Maoists have undermined their credibility by 
resorting increasingly to terrorist tactics, the insurgents 
have managed to broaden their area of operations and continue 
to have significant influence through intimidation and 
threats (Maoist tactics reported ref C).  While the Maoists 
have been unable or unwilling to launch large scale attacks 
against the army since the end of the cease-fire, the area of 
Nepal's territory under Maoist influence -- and in which no 
effective GON presence can operate -- has expanded. 
 
16. (C) While we welcome Thapa's endorsement of human rights 
principles, we remain eager to see this verbal commitment 
translated into more standardized action.  Thapa's 
unequivocal statements that the army has neither tortured or 
killed extrajudicially any innocent Nepalis also gives the 
impression that the army is not ready to fully examine 
critically its human rights record. In the past week alone, 
the press has carried allegations of five extra-judicial 
killings, including one of a 15-year-old girl, in three 
different districts.  These reports, if true, indicate that 
the RNA has not yet succeeded in inculcating the high moral 
standards endorsed by the COAS into the troops in the field. 
Post recommends developing additional strategic and training 
programs to help the RNA to continue to improve its record. 
End Comment. 
MALINOWSKI