US embassy cable - 04KATHMANDU212

UNCLAS SECTION 01 OF 03 KATHMANDU 000212 
 
SIPDIS 
 
STATE FOR SA/INS AND DRL 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, EAID, KDEM, NP, Human Rights 
SUBJECT: NEPAL:  USG HUMAN RIGHTS STRATEGY 
 
REF: 03 STATE 333935 
 
1.  Debilitated by a vicious eight-year Maoist insurgency, 
Nepal continues to face significant challenges in 
institutionalizing and enforcing respect for human rights and 
in strengthening its fledgling democratic institutions.  An 
eight-month ceasefire (from January 29-August 27, 2003) and 
three rounds of negotiations did little to advance prospects 
for a peaceful resolution to the conflict because of a 
cynical lack of sincerity on the part of the Maoists and a 
lack of negotiating expertise on the part of the Government 
of Nepal (GON).  After the Maoists unilaterally broke off the 
ceasefire on August 27, 2003, full-scale hostilities resumed, 
and the rate of violence and human rights abuses committed by 
both sides rapidly escalated.  In addition to spawning 
widespread human rights abuses by parties on both sides of 
the conflict, the insurgency has undermined severely the 
GON's capacity to deliver basic services, provide security 
and ensure the rule of law, and demonstrate to its population 
the benefits of democracy, including free and fair elections. 
 The GON's ability to respond appropriately and effectively 
to human rights violations is hampered by institutional 
weaknesses that sometimes create an appearance of impunity. 
The military made progress in investigating and prosecuting 
alleged violations, but considerable room for improvement 
still exists. 
 
2.  The lack of representative government at both national 
and local levels is a matter of serious concern, and the 
increasing polarization between the political parties and the 
Government has stalled progress toward strengthening 
democracy.  Parliamentary elections, postponed from November 
2002 because of the deteriorating security situation, remain 
on indefinite hold, while polls to replace local 
representatives, whose terms expired in July 2002, have yet 
to be scheduled.  At the same time, corruption, incessant 
political in-fighting, an ineffectual bureaucracy and an 
unresponsive judicial system have weakened public confidence 
in Nepal's 12-year-old democracy.  Child labor, trafficking 
in persons, and gender discrimination remain significant 
problems.  Although the GON processed more than 3,000 Tibetan 
asylum seekers for onward travel to India during 2003, 
occasional incidents of refoulement continue to occur.  The 
USG strenuously protested at the highest levels the GON's May 
31, 2003 refoulement of 18 Tibetan asylum seekers.  Following 
that incident, the GON articulated for the first time an 
official policy of non-refoulement. 
 
3.  While we believe that most Nepalis remain committed to 
democracy and human rights in principle, the GON and civil 
society lack the institutional mechanisms to actualize those 
principles consistently and reliably.  To help remedy this 
situation, the U.S. Mission engages with the GON, the 
security forces, political activists and civil society to 
assist in building the institutional capacity to ensure these 
principles are translated into practice.  Areas of engagement 
include the Law of Armed Conflict; rehabilitation of torture 
victims; electoral and political reform; civic education; 
conflict management and mitigation; combatting child labor 
and trafficking in persons; the rule of law; and women's 
political participation.  In addition, the USG continues to 
provide assistance to more than 100,000 Bhutanese refugees in 
Nepal through contributions to UNHCR and the World Food 
Program. 
 
 
4.  The U.S. Embassy maintains a regular dialogue with the 
GON, the security forces, political leaders and members of 
civil society on the importance of preserving respect for the 
human rights of all parties to the conflict.  Over the past 
year, the Embassy's repeated demarches on this subject have 
met with somewhat greater responsiveness and transparency 
from senior members of the security forces, although much 
progress remains to be made.  The July 2002 formation of a 
human rights cell in the Royal Nepal Army (RNA) was followed 
by the establishment of similar cells in the national police 
and paramilitary Armed Police Force.  Since its formation, 
the RNA's human rights cell has investigated 12 allegations 
of gross violations of human rights, including unlawful 
killings, excessive use of force, and rape.  As of January 
2004, 2 other cases, including one in which 21 detainees 
allegedly were summarily executed, remain to be investigated. 
The Embassy has encouraged the GON and senior officials of 
the security forces to engage in dialogue with 
representatives of human rights groups and has advocated 
greater transparency in military and police investigations of 
alleged abuses.  An editorial by the Ambassador on the 
occasion of Human Rights Week (December 10-15) emphasizing 
the importance of upholding international human rights 
standards was prominently featured in the local 
English-language press. 
 
5.  In FY 03 the USG sponsored a military law exchange 
program focused on the Law of Armed Conflict, military 
justice and discipline, and Rules of Engagement training for 
the RNA's Judge Advocate General, as well as two training 
programs focused on civil affairs.  In FY 04 the USG will 
provide the RNA additional training on the Rules of 
Engagement based on the Law of Armed Conflict; civil affairs; 
civil military operations; a basic course for officers 
assigned to the Judge Advocate General; and a human rights 
instructors' course.  In FY 03 the USG signed an agreement 
with the GON to begin a USD 250,000 police 
professionalization program, aimed at improving police 
capacity to manage civil disorder. To strengthen independent 
non-partisan human rights groups, the USG is providing 
through The Asia Foundation USD 117,000 in technical 
assistance to the National Human Rights Commission in using 
the MARTUS System, a software tool to record and store 
information on human rights cases.  An additional USD 90,000 
in assistance to the National Human Rights Commission will be 
provided through The Asia Foundation to help research and 
analyze draft anti-terror legislation and to help ensure the 
right to a fair trial. 
 
6.  The USG is funding a two-year USD 600,000 program to 
rehabilitate victims of torture and provide comprehensive 
medical and psychological care to torture survivors and their 
families.  A local NGO trains medical and legal professionals 
in torture-related issues, supports legal actions by torture 
victims, and documents human rights abuses.  Since mid-2002, 
179 medical professionals have been trained in management of 
torture cases, and more than 2,300 torture victims and their 
families have received comprehensive medical and 
psychological care, as well as legal counseling.  Twelve 
community workers from district NGOs have received intensive 
counseling training, while ten district Psychosocial Support 
Units have been established to provide care and support to 
more than 400 trauma and torture victims.  More than 100 
female torture victims have received comprehensive 
rehabilitation services in a women's shelter. Mobile 
treatment clinics have conducted awareness programs for over 
600 rural victims on legal rights and therapeutic recourses. 
 
7.  The USG is initiating in FY 04 a USD 6 million, 
three-year program aimed at addressing weaknesses in the 
justice system.  Entitled "Strengthened Rule of Law and 
Respect for Human Rights," the program includes activities to 
improve the administration of justice and thereby provide 
firmer guarantees of due process and access to justice. 
Judges, prosecutors, and participants in a new public defense 
system will be trained in case management, due process, and 
more effective enforcement of human rights standards in an 
effort to lessen the number of illegal detentions and untried 
cases, reduce the time to trial, and eliminate impunity for 
human rights abuses.  The program supports civil society 
initiatives to align national laws and procedures with 
international human rights standards and norms of due 
process.  In addition, more than USD 2 million is earmarked 
for activities to enhance government accountability, increase 
transparency, and combat public sector corruption.    Under a 
separate program, the USG plans to provide USD 121,394 in 
grant support to the Association of District Development 
Committees to provide more transparent and 
corruption-resistant government.  In FY 04 the USG is 
providing USD 150,000 to the nascent Judicial Academy to 
develop a curriculum.  In December 2003 the Department of 
Justice organized a workshop for 35 public prosecutors  on 
ways to reduce workloads, increase coordination with law 
enforcement agencies, and improve treatment of victims. 
Through the Department of Justice, the USG will provide USD 
90,000 in equipment to enhance the capacity of courts in 
remote areas of Nepal. 
 
8.  Since FY 01 the USG has supported a USD 1.6 million, 
four-year program to combat human trafficking.  The program 
includes economic alternative programs for vulnerable groups; 
education programs; rights-based training for GON 
anti-trafficking task force members, parliamentarians, women 
leaders, community groups, youth, teachers, students, and 
transport workers; improvement of anti-trafficking laws; 
psychological counseling services for victims; development 
and dissemination of information and educational materials; 
strengthening of national and regional networks and 
cross-border activities; and support for relevant research. 
Achievements include a policy to protect the rights of 
migrant workers; increased convictions for traffickers; 
increased interception of potential victims at the community 
level; and successful rescue/repatriation of Nepali girls and 
women from Indian brothels and circuses.  In September 2003 
the USG hosted a roundtable with representatives from the 
GON, police, and civil society to discuss the importance of 
the U.S. Victims of Trafficking and Violence Protection Act 
of 2000.  The USG is also assisting Daywalka Foundation to 
set up a law library focused on anti-trafficking resources. 
 
9.  The USG has committed USD 5 million for a comprehensive, 
three-year, "time-bound" program to eliminate the worst forms 
of child labor.  The program is implemented through the 
International Labor Organization and the NGO World Education. 
 
10.  Through small grants, the USG supported a number of 
women's empowerment programs, many of which trained women to 
become financially independent.  (One such program helped 
train women to become trekking guides--a field traditionally 
dominated by men--thereby enabling them to break into the 
lucrative tourism industry.  In addition, the USG continues 
to provide funding (approximately USD 2 million) to expand 
the political roles of women.  Since late 2001, women's 
coalitions have engaged in advocacy campaigns on a wide 
variety of issues, including women's participation in locally 
elected positions, leadership training, reservation of 25 
percent of local budgets for women's development, and 
combatting the dowry system. 
 
11.  The Embassy, both publicly and privately, has continued 
to urge a reconciliation between the GON and protesting 
political parties as the best way to restore representative 
democracy.  The Embassy presses both sides to resume dialogue 
with one another to identify an expeditious resolution to a 
protracted stalemate gnawing at the fragile roots of Nepal's 
democratic institutions.  To upgrade the capacity and 
professionalism of the political parties, the USG, through 
the National Democratic Institute, is implementing party 
development activities.  In FY 03 the USG also obligated USD 
100,000 for civic education programs, for activities ranging 
from voter education to curriculum creation to book 
translations.  In late 2003, following a three-year, USD 
600,000 voter education program, the USG completed an 
electoral reform and elections assessment as the first step 
in a program intended to enhance GON election planning 
capacity. 
 
12. In FY 03 the USG funded senior officials from Nepal's 
judiciary and anti-corruption agency, as well as members of 
civil society, to attend regional conferences on corruption. 
The USG also funded travel of two members of the official GON 
delegation that signed the UN Convention against Corruption. 
In addition, invitational travel funding was provided for 
senior members of the judiciary to attend judicial reform 
conferences in the U.S. 
 
13.  The USG provided a USD 599,000 grant for NGO efforts to 
strengthen community based alternative dispute resolution in 
11 conflict-affected districts.  Since late 2002, more than 
60 master trainers and over 1,330 community level mediators 
have been trained to help resolve minor disputes. 
 
 
 
MALINOWSKI