Human Rights Situation in Nepal

Yuba Nath Lamsal
Two important documents were made public last week concerning human rights situation and freedom of expression in Nepal. One was the human rights year book-2006 of Informal Sector Service Center ( INSEC) and the other was the Media Monitor of South Asia-2006 by South Asian Free Media Association (SAFMA). The Human Rights Year Book of INSEC has documented the incidents of all kinds of human rights violations, while SAFMA's Media Monitor dealt with the violation of journalists' rights, obstruction in freedom of expression and free flow of information. Yet another important document is the reports of United Nations High Commissioner for Human Rights on the situation of Human rights in Nepal. ImportanceThese documents are important as they have not only documented the events but analysed the trends of human rights and freedom of expression in Nepal and suggested some remedies for the guarantee of people's basic human rights. All these documents have indicated that the human rights situation in Nepal has improved significantly after the success of Jana Andolan II and formation of the present government. They have wholeheartedly and openly praised the April movement for democracy and described it as a triumphant of people for freedom and human rights.The April movement, which is known as Jana Andolan II, was the most important event in 2006 that not only ended the king's absolute regime but also heralded a new era of peace. The Jana Andolan II had the participation of all political forces including the Maoists. Although the seven-party alliance had announced and led the movement, it had a strong backing of the Maoists.During the King's regime, the human rights of the people had been severely restricted. The fundamental rights of the people to assemble, carry out political activities peacefully and freedom of expression had been severely denied. Those who opposed the royal regime were kept behind bars without any formal charges. The human rights defenders and media persons also came under direct and severe threat and assault from the royal regime. The security personnel raided the media houses and imposed strict censorship against the media that were critical to the king's authoritarian regime.The Jana Andolan II brought down this regime that ended all forms of repressions and restrictions. Thus, the success of Jana Andolan II was a victory of the people, civil society, human rights activists and the media. It was not only the King's regime that restricted human rights and freedom of expression, the ten years of the Maoist insurgency were not very encouraging from the perspective of human rights and press freedom. The right to life is the first and the foremost human right of the people. During the ten years of Maoist insurgency, about 14,000 people were killed?some by security forces and some by the Maoists. Some were caught in the crossfire. Tens of thousands were displaced and disabled. In fact, the right to life came under severe threat during that time. Children were used in armed conflict rampantly. So there were untold miseries during the last ten years from human rights perspective.In the areas where the Maoists had control, human rights and press freedom were often denied. Journalists came under thereat and intimidation for reporting independently. Several journalists were killed, arrested, assaulted and tortured by the Maoists as well. Some media persons even migrated to other places and changed their profession due to Maoist threat and pressure. The 12-point agreement, ceasefire, National Comprehensive Peace Treaty, tripartite treaty on the monitoring of the management of the arms and armies, promulgation of the interim constitution and formation of the interim Legislature-Parliament are the historic events that have far-reaching impact on human rights in Nepal. The interim constitution has guaranteed human rights and freedom of expression and press freedom. Thus, the year 2006 remained a historic year and great achievement in terms of human rights and freedom in Nepal. Although human rights situation has improved significantly after the success of Jana Andolan II, much still needs to be done in order to institutionalize the new found achievements and human rights. Impunity is the issue that has to be ended if the human rights and democracy is to be made sustainable. The king and the regressive elements raised their heads and conspired against the rights and achievements of the people because the human rights violators and suppressors were allowed to go scot-free after the 1990 popular movement. After the success of the 1990 popular movement, the interim government had formed a high-level investigation panel, which was known as Mallik Commission. The Mallik Commission clearly pin-pointed some of the brutal human rights violators and recommended action against them. However, the then government did not take any action against them. As a result, those suppressors and human rights violators were emboldened to further violate people's rights and got engaged in conspiracy against democracy and human rights. The same people were responsible behind human rights violations and suppressions during the three years of king's rule. Had action been taken against those people on the basis of the findings and recommendations of the Mallik Commission, they might not have been involved in conspiracy against democracy so soon. The then government adopted the policy of forget and forgive, which ultimately proved detrimental to the eople, political parties and the nation. PunishmentThe same question has been raised at present. Human rights activists, media persons and civil society have demanded action against those who have been held responsible for the suppression of the Jana Andolan II and violation of human rights. Against this background, the government has asked the Commission for Investigation of Abuse of Authorities (CIAA) to take necessary action against those who misused public fund to suppress the Jana Andolan II. But action has so far not been initiated. Firstly, the Rayamajhi Commission needs to be made public so that people would know who the culprits are. If the culprits are left unpunished, they will again start hatching conspiracy against the achievements of Jana Andolan II and sabotage the ongoing political process. Thus, impunity must be ended for the sustenance of democracy and human rights in the country. It would alone ensure justice to the victims of human rights violations in the past.
URL: http://www.gorkhapatra.org.np/content.php?nid=13510

Comments