US embassy cable - 05KATHMANDU2185

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 002185 
 
SIPDIS 
 
DEPT FOR SA/INS 
NSC FOR GREEN 
LONDON FOR BELL 
 
E.O. 12958: DECL: 10/05/2015 
TAGS: PHUM, PGOV, PTER, PINS, NP, Human Rights 
SUBJECT: NEPAL HUMAN RIGHTS COMMISSION CITES IMPROVEMENTS, 
DONORS REMAIN SKEPTICAL 
 
REF: A. KATHMANDU 00641 
     B. 04 KATHMANDU 01965 
 
Classified By: Ambassador James F. Moriarty; Reasons 1.4 (b/d). 
 
SUMMARY 
------- 
 
1. (C) In a public session to review the activities of the 
National Human Rights Commission (NHRC) since March, NHRC 
Chairman N.B. Khatri and Acting Secretary Kedar Prasad 
Poudyal informed members of the diplomatic and donor 
community, including the Ambassador, that both Maoists and 
security forces continued to violate the fundamental rights 
of Nepalese people.  Security forces continued to make 
illegal arrests and re-arrests, and the government enforced 
"noticeable restrictions" on peaceful assembly and on freedom 
of expression in the media.  Although "free and unhindered 
access" to detainees remained a challenge, a new RNA 
directive requiring access by NHRC members to army facilities 
had allowed for visits without prior notice.  Despite carping 
by some donors the NHRC appears to be going about its work in 
an independent, objective fashion.  END SUMMARY. 
 
NHRC ACTIVITIES CONTINUE 
------------------------ 
 
2. (C) At the September 28 National Human Rights Commission's 
(NHRC) biannual public briefing regarding the human rights 
situation in Nepal, Acting Secretary Kedar Prasad Poudyal and 
NHRC Chairman N.B. Khatri asserted that NHRC activities 
related to human rights promotion, legislation, protection, 
and child rights had continued uninterrupted since the last 
briefing in March (ref A).  While the NHRC had faced some 
difficulties during the State of Emergency immediately 
following the royal takeover, Poudyal stressed that NHRC 
members were "trying (their) level best." 
 
Field Visits and Investigations 
------------------------------- 
 
3. (C) Poudyal asserted that, between February and September 
2005, the NHRC had continued field visits, investigations, 
meetings and monitoring in fifty of Nepal's seventy-five 
districts.  The NHRC had received a total of 4,379 complaints 
between August 2000 and August 2005 (3,477 to its 
headquarters in Kathmandu; 902 to its regional offices).  To 
date, the NHRC had decided on 764 cases.  During the same 
period, the number of registered complaints related to 
disappearances was 1,635; the status of 881 remained unknown, 
while the NHRC had confirmed 754 as released, 
detained/imprisoned, under detention, or dead.  The NHRC 
conducted protection-related monitoring and investigation 
missions between February and September in fifty-two 
districts.  Major investigations included Kapilvastu, 
Chidipani Palpa, Sindhupalchok, Pipaldanda, Madi (Chitwan), 
Kavre, Bardiya, Banbheda, and Pili, Kalikot. 
 
Training 
-------- 
 
4. (C) The NHRC had also conducted training programs and 
workshops in human rights, including human rights education 
in school curricula.  Poudyal noted the NHRC had organized a 
regional level training program on the issue of children in 
armed conflict for NGOs, security and government personnel, 
and "child clubs" that included child victims. 
 
Outreach 
-------- 
 
5. (C) The NHRC had met in Kathmandu and thirty districts 
with human rights NGOs, political parties, media and civil 
society to identify areas of cooperation and coordination, 
Poudyal continued.  The NHRC had continued to make its 
presence known through the media and publications.  The NHRC 
had disseminated information on its activities through press 
statements, NHRC bulletins, the NHRC website 
(www.nhrcnepal.org), and various publications.  Poudyal 
stated that his organization's media outreach was working, as 
the public was beginning to respond to the NHRC's concerns. 
The NHRC had also prepared a number of review reports and 
organized educational programs on laws related to witchcraft, 
trafficking, and security-related issues, including the 
controversial Terrorist and Destructive Activities (Control 
and Punishment) Ordinance (TADO). 
 
Studies 
------- 
 
6. (C) Poudyal said the NHRC was in the middle of conducting 
two studies:  one on implementing in Nepali law the 
International Covenant on Civil and Political Rights, and one 
looking at the "decisions of quasi-judicial bodies and 
courts" from a human rights perspective.  In response to the 
Ambassador's query whether "quasi-judicial" included the 
King's Royal Commission for Corruption Control (RCCC), 
Poudyal stated that the study would examine whether judicial 
mechanisms were complying with fair trial principles. 
 
Working With the Government 
--------------------------- 
 
7. (C) One key bone of contention the NHRC had with the 
government, Poudyal stated, was a lack of consultation with 
the NHRC before submitting reports to international bodies. 
Poudyal cited the government's recent submission of the 
Convention on the Elimination of All Forms of Discrimination 
Against Women (CEDAW) report without prior consultation with 
the NHRC.  Poudyal admitted that a gap still remained between 
the government's receipt and acknowledgement of NHRC 
recommendations, and actual implementation. 
 
"FREE AND UNHINDERED" ACCESS? 
----------------------------- 
 
8. (C)  Poudyal informed the group that the government and 
Royal Nepalese Army had increased access for NHRC officials 
to places of detention.  Most notably, the RNA had received 
government instruction to allow the NHRC access to barracks 
and places of detention.  However, access to barracks and 
places of detention had not always been "free and 
unhindered," a point that several members of the donor 
community in the audience found worrisome.  Between February 
and September 2005, the NHRC had undertaken a total of 216 
missions "for different human rights protection-related 
work."  Of those, the NHRC had made 135 visits to barracks 
and detention centers.  Between February and May, the RNA, 
Nepal police, and armed police had "restricted" NHRC visits 
in twelve cases, including cases of house arrest.  Since May, 
the NHRC had been allowed to enter all places of detention 
without prior notification. 
 
TRENDS AND TRAITS 
----------------- 
 
9. (C) Between February and September, the NHRC had 
registered 164 complaints related to disappearances and 
abductions against the government and 50 complaints against 
the Maoists.  In response to the Ambassador's comment that 
the number of complaints against the Maoists appeared low 
compared to what had been reported in the media, Poudyal 
noted that the NHRC figures captured only individual 
complaints and did not reflect mass abductions by the Maoists 
or cases that had been filed with the NHRC's regional offices. 
 
10. (C) Arrests and re-arrests remained a major problem, 
Poudyal reported.  The NHRC had recorded a total of 2,083 
arrests related to political demonstrations between February 
and September.  The total number of re-arrests for the same 
period was 61.  NHRC and OHCHR monitors had witnessed 
re-arrests of prisoners immediately after their release. 
Other general trends included arrests without notice or 
"appropriate process," and torture in detention centers. 
 
COMMENT 
------- 
 
11. (C) In spite of notable challenges presented by both the 
government and Maoist rebels, the NHRC has been able to 
continue its human rights monitoring and investigation 
activities since its last briefing to the donor and 
diplomatic community in March (ref A).  Poudyal admitted that 
problems remain with government implementation of NHRC 
recommendations.  Some donors, notably including the Danes 
(who stopped assistance tot he NHRC following Feb. 1), remain 
skeptical regarding the NHRC's effectiveness; most observers, 
however, recognize the need for a Nepali human rights 
commission.  When the NHRC membership was reconstituted in 
May, we decided to judge them by their work, in spite of the 
questionable process by which the Palace had appointed the 
new members.  In an October 4 article in The Kathmandu Post, 
the NHRC reported several cases of disappearances and 
killings perpetrated by government forces, and was quoted as 
objecting to the use of public vehicles by security forces as 
well as the government housing detainees in certain barracks. 
 In the same article, the NHRC urged the Maoists to reverse 
their instruction that certain community schools close.  The 
NHRC, as evident from their briefing and their formal reports 
on human rights, remains independent, active and critical of 
both the Maoists and security forces. 
MORIARTY