US embassy cable - 02KATHMANDU1465

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 001465 
 
SIPDIS 
 
LONDON FOR POL/RIEDEL 
 
E.O. 12958: DECL: 07/25/2012 
TAGS: PHUM, PGOV, SOCI, PTER, PREL, NP, Human Rights 
SUBJECT: NEPAL'S NATIONAL HUMAN RIGHTS COMMISSION FLOUNDERS 
AS MEMBER EJECTED FOR ETHICAL PROBLEMS 
 
 
Classified By: Ambassador Michael E. Malinowski, Reasons 1.5 (b), (d). 
 
1. (C)  Summary:  A founding member of Nepal's National Human 
Rights Commission (NHRC) was suspended from the body on July 
24 for "behavior unbecoming the glory of the post."  The 
incident underlines serious flaws in the NHRC:  members' 
strong political affiliations have led to a polarization of 
the body, a lack of impartiality, and infighting.  Perceived 
Maoist sympathies have created a distrust of the NHRC in the 
government, fueling non-cooperation and underfunding. 
Because of conflicts between members, lack of support from 
the government, and competing pressures from the human rights 
community, the NHRC has been largely unsuccessful in its 
efforts to alleviate human rights problems in Nepal.  To be a 
more effective body, the Commission requires increased 
funding, changes in the appointment process, and a renewed 
commitment by its members to the principles of impartiality 
and transparency.  End Summary. 
 
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Founding Member Booted Off 
-------------------------- 
 
2. (C)  The July 24 suspension of National Human Rights 
Commission (NHRC) member Kapil Shrestha has brought to light 
the weaknesses and internal conflicts that plague Nepal's 
NHRC.  According to press reports, both an NGO activist and a 
former NHRC employee had charged Shrestha with ethical lapses 
which included "misbehaving" with a Dalit woman.  (Note: 
Dalits are a low-caste group widely discriminated against in 
Nepal.  End Note.)  Rumors of this indiscretion, which 
reportedly took place while Shrestha and the woman were 
abroad at an international conference, had been circulating 
in the capital for some time.  Shrestha has denied the 
allegations.  The other NHRC members decided amongst 
themselves to suspend Shrestha and refer his case to the 
Speaker of the House of Representatives for action on his 
continued tenure.  (Note:  Ordinarily, the House's Human 
Rights Committee would take up the case, but Nepal's 
Parliament has been dissolved pending new elections later 
this year.  End Note.) 
 
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Only Two Years Old, Human Rights Body Riven By Conflict 
--------------------------------------------- ---------- 
 
3. (C)  The Commission has been steeped in controversy since 
its beginnings.  Mandated by an Act of Parliament in 1997, it 
was not established until June 5, 2000 following a massive 
campaign by the human rights community.  Commission members 
are appointed by the King on the advice of a Recommendation 
Committee made up of the Prime Minister, the Chief Justice of 
the Supreme Court, and the leader of the opposition party in 
the House of Representatives.  Though appointed by political 
parties, the appointees are supposed to maintain neutrality. 
The NHRC carries out its mandate through the conduct of 
inquiries and investigations and by undertaking research and 
education initiatives. 
 
4. (SBU)  The NHRC's founding membership consists of Chairman 
Nayan Khetri, an elderly man described by members as unable 
to make strong decisions; Indira Rana, a moderate with links 
to the Nepali Congress Party and a good track record for 
transparency; Sushil Pyakurel, a opposition-party-affiliated 
radical with a long history of far-left activism; and Gouri 
Shankar Lal Das, a pre-democracy era public health official 
who has remained almost invisible in NHRC activities.  Kapil 
Shrestha, the suspended founding member, is a self-proclaimed 
"independent" who has been increasingly at odds with other 
members. 
 
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Politicization and Infighting 
----------------------------- 
 
5. (C)  According to the members themselves, the NHRC is 
seriously flawed on account of its members' polarized 
political leanings.  This polarization has led to partiality, 
infighting, and low productivity.   Founding member Indira 
Rana views that NHRC members are divided along party lines 
and are therefore reluctant to investigate allegations made 
against members of their own parties.  The Commission's 
impartiality and credibility have been impaired as a result. 
Members admitted to us that they had difficulty being 
impartial in large part because they obtained their positions 
at the recommendation of political party representatives. 
 
6. (C)  Rana added that political differences have led to 
infighting between Commission members and staff.  Conflict is 
a constant issue in the NHRC, and it was arguments over work 
that led to the accusations that forced Kapil Shrestha's 
suspension.  Infighting and the questionable behavior of some 
members has hurt the NHRC's reputation at a time when trust 
and support is vital to its survival, Rana stated.  Rana also 
feels marginalized and overruled by the increasing 
assertiveness of members Sushil Pyakurel and, before his 
suspension, Kapil Shrestha. 
 
7. (C)  In an interview not long before his suspension, Kapil 
Shrestha acknowledged the deep animosity between Commission 
members.  After his suspension, he declared the action taken 
against him "a consipracy."  Shrestha also admitted to us 
that the NHRC tends to take a sympathetic attitude towards 
the Maoists, particularly in the last six months.  This, he 
said, was due to the dominance of left-leaning members. 
 
8. (C)  Prakash A. Raj, a well-respected professional writer 
who worked for the NHRC on its annual human rights report, 
quit for this very reason.  He says that the five team 
members assigned under him were appointed by Sushil Pyakurel, 
a Communist Party-affiliated member.  Raj believes that one 
team member was secretly a Maoist.  Raj quit because his team 
refused to emphasize Maoist human rights violations in the 
report and was trying to move the content away from the 
insurgency entirely.  He says that the Commission's political 
leanings prevent it from taking a balanced view of human 
rights conditions. 
 
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Government Mistrust 
------------------- 
 
9. (C)  Initially reluctant to establish the Commission, the 
government has provided only minimal funding since its 
establishment.  Even so, last year,s allocation was the 
largest so far at Rs. 5.6 million.  According to Kapil 
Shrestha, the NHRC has to cope with a "largely 
non-cooperative response by government workers."  He ascribes 
an adversarial relationship between the NHRC and the rest of 
the government to the fact that Commission members have been 
unable to shed their party affiliations, which draws its 
credibility into question.  He also notes that the Chairman, 
Nayan Khatri, a pre-democracy era politician, has no 
relationship with political leaders, and so those leaders 
have no confidence in the NHRC.  Moreover, some members say 
that apparent Maoist sympathies have created mistrust of the 
Commission in the government, which feels overly criticized 
by the body.  They add that the Commission's lack of 
objectivity has resulted in widespread doubts about its 
credibility.  A number of high-ranking military and police 
officials have told us of their belief that Sushil Pyakurel 
and his brother, a human rights activist, are covert Maoists. 
 
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Relationship With NGOs Strained 
------------------------------- 
 
10. (C)  Inadequate government funding has forced the NHRC to 
seek the help of a variety of NGOs, further compromising its 
impartiality, says Kapil Shrestha.  According to him, because 
of the influence that comes along with NGO funding, 
information, and research, "impartiality on a number of 
occasions has been compromised."  In general, the NHRC has a 
very close relationship with Nepali NGOs, and relies on them 
for the bulk of its information regarding human rights abuses. 
 
11. (C)  The human rights community as a whole has 
unrealistically high expectations for the NHRC and expects it 
to take over much of their own duties, according to the 
British Embassy's Human Rights Officer.  Indira Rana agrees 
that some NGOs are "not holding up their end" by providing 
consistent and accurate reporting, and they expect the NHRC 
to make up the difference.  Krishna Pahadi of the Human 
Rights and Peace Society (HURPES) expressed the view that 
certain members of the Commission were not responsive to NGOs 
and would "cover-up" issues.  He reports that HURPES will 
help strengthen the Commission only when the issue of its 
credibility and competence have been resolved. 
 
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Limited Accomplishments, "Judicial Teeth" 
----------------------------------------- 
 
12. (C)  The NHRC has repeatedly failed to submit reports on 
time or at all, to account for the money they have received, 
and to get any response to or respect for their inquiries, 
insiders say.  Says one, "I don,t want to say that we,ve 
totally failed, but the Commission,s capacity is extremely 
limited, and our activities have become largely symbolic or 
confined to Kathmandu."  British Emboff also feels that the 
NHRC suffers from a lack of "judicial teeth," and so without 
the cooperation of other government departments their work 
does not mean much.  Despite its many shortcomings, the NHRC 
has managed to produce an annual Human Rights Report, 
organize several discussion seminars, and meet with 
government officials to urge them to respect human rights 
during the current state of emergency. 
 
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Strengthening the Commission 
---------------------------- 
 
13. (C)  Because it is a government body, the Commission has 
tremendous potential as a driving force for human rights in 
Nepal, NGOs believe.  They add that its serious flaws must be 
addressed for that potential to be realized.  To that end, 
NHRC member Indira Rana suggests changing the appointment 
process of members to allow for open competition, and 
eliminating the minimum age of 40 years. She also would like 
to see another woman on the Commission so that more attention 
is given to women's issues, which are a vital human rights 
concern in Nepal. 
 
14. (C)  Several members also mentioned the need for more 
funding to reduce the NHRC,s reliance on NGO support and to 
hire competent staff members.  The NHRC has been long 
suffering from staff shortages because of both a lack of 
funds and a shortage of government-provided staff.  Increased 
funding could also be used to improve the Commission's 
dilapidated, run-down offices.  The British, Norweigian, and 
Danish Embassies have all provided funding for investigation 
purposes.  The British say that supporting the NHRC is not 
very expensive, and only "limited funding is needed." 
 
15. (C)  Commission members also suggested that the 
international community put pressure on the government to 
respond to the inquiries of the NHRC in a truthful and timely 
manner and to make a pledge of general support.  All agree, 
however, that the most important step to strengthening the 
Commission is for the members to work out their political 
differences, examine their practices to ensure transparency, 
and work to enforce impartiality at all levels. 
 
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Comment 
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16. (C) The NHRC's flaws are cause for serious concern.  Its 
public reputation is already poor, and the suspension of 
Kapil Shrestha, rather than raising confidence in the NHRC by 
its stand against inappropriate behavior, seems only to have 
brought the infighting out into the open.  Unless its 
credibility improves, it will be difficult for the Commission 
to gain a higher level of government support and cooperation, 
and realize its role as both a human rights watchdog and a 
check against government abuses.  We have encouraged the 
Nepali government to follow the stipulations of the Human 
Rights Commission Act of 1997 and cooperate fully with NHRC 
investigations.  We have also maintained a close working 
relationship with the NHRC and urged it to take a more 
balanced and professional approach to its mission. 
MALINOWSKI