Issues of extra-judicial killings in Madhes raised in GenevaUPR, Nepal

On November 4, 2014, Nepal underwent its Universal Periodic Review (UPR) at the United Nations Human Rights Council in Geneva, Switzerland. Thanks to the delegations of UN Member States, which not only expressed serious concerns over different forms of human rights violations but also provided Nepal with recommendations to improve its human rights track record with no further delay.

On the occasion, Deputy Prime Minister and Minister of Foreign Affairs of Nepal, Mr. Kamal Thapa, representing the government of Nepal, presented the country’s new constitution promulgated on 20 September 2015 claiming that the document guarantees substantive equality, and promotes human dignity, identity, and opportunity for all by ending all forms of discrimination and inequalities. He further noted that the promulgation has been possible by the rigorous democratic exercises spanning over eight years conducted in an inclusive, transparent and participatory manner giving due consideration to Nepal’s vast diversity.

Thapa also presented the progress made by the state to improve human rights record in the last four years after the first UPR in 2011 based on recommendations received. [ Read the full statement presented by Thapa ]

Following the presentation, over 70 Member States strongly raised issues related to human rights violations, including extra-judicial killings and use of excessive force in Madhes, and provided Nepal with recommendations, according to Supreme Court Advocate and Human Rights Activist Dipendra Jha, who is also attending the UPR in Geneva.

Jha lobbied with UN staff and few heads of missions about raising concerns over extra-judicial killings and use of excessive force in Tarai/Madhes.

“In the parallel session, I shared these human rights violations to convince participants of the UPR,” he said.

India came out strongly against Nepal’s human rights violation, lack of political progress and ethnic discrimination. The Indian delegation said,

India concerned by increasing violence & instability, lack of political progress, ethnic discrimination & extrajudicial killings #NepalUPR

— Puru Shah (@digitalsubway) November 4, 2015

India also acknowledged the deaths of 45 people in Nepal and recommended that perpetrators be prosecuted.

#India concerns over killings of 45 people, extrajudicial killings in Madhes, discrimination against ethnic communities @UPRinfo #NepalUPR — PRAVEEN (@praveenyadava) November 4, 2015

Kamal Thapa in his statement told the member nations that Nepal can solve its problems on its own. To this claim, Khushbu Mishra responded,

If KT claims that we can solve them internally, why did he visit India and not Madhes? #NepalUPR @madhesiyouth @prashantktm @manjushreethapa

— Khushbu Mishra (@mishrakhushbu6) November 4, 2015

Thapa also defended Nepal constitution against wide criticism from member nations and said that nowhere in the world can there be any Constitution which is 100 per cent perfect. To this, Bikash Mishra says,

Entire world : correct ur constitution. Nepal : our const, world’s best !! #NepalUPR #UPR23 — Bikash Kumar Mishra (@BikashJNU) November 4, 2015

Before the UPR session began, a group of students protested outside the UN’s building in Geneva.

Protest in Geneva against the use of excessive force in Terai/Madhesh in #NepalUPR pic.twitter.com/M1hlIgVLhZ

— Pramod Bhagat (@pramodbhagat) November 4, 2015

During the Nepal UPR, Member States expressed serious concern over five main issues among others, as per TRIAL’s press release.

1. The excessive use of force by security forces during recent demonstrations.
2. Nepal’s failure to seek accountability for the international crimes committed during/after the 1996-2006 armed conflict, including the failure to investigate and prosecute perpetrators of such crimes or to provide justice and reparation to victims.
3. Criminalization of torture and enforced disappearances in the Nepalese legal system
4. Widespread impunity and ineffectiveness of the transitional justice mechanisms.
5. 35-day statute of limitations on reporting rape cases.

TRIAL was part of the NGOs closely following the UPR and is extremely preoccupied by the gross human rights violations committed in Nepal.

“Today, the international community is reminding Nepal that it is no longer acceptable to maintain the widespread climate of impunity prevailing in the country. It is the shared responsibility of all countries to assist Nepal in improving this situation. Nepal must listen and follow these recommendations if it wants to be perceived as a democracy that respects human rights” said Helena Rodríguez-Bronchú, Legal Advisor for Nepal at TRIAL.

It is learnt that other human rights activists from Nepal just highlighted Indian blockade than HR issues in Tarai/Madhes.

Despite other nation’s concerns, Thapa stated that it would have difficulties accepting many of the recommendations. Moreover, in relation to the concerns raised regarding the excessive use of force by security forces, Ramesh Dhakal, Joint Secretary of the Law and Human Rights Division of the Office of the Prime Minister and Council of Ministers, stated that “the security forces can use the necessary force in order to maintain public law and order, and to saves lives and property, as a last resort.”

While, most of the Member States congratulated Nepal on the promulgation of the world’s youngest Constitution and the election of the first female President, they also strongly urged the country to protect and promote human rights.

Challenges before Nepal to improve human rights record

A question, however, arises: Will Nepal improve human rights situation or will it simply ignore recommendations made by international communities? Member States, Human Rights agencies and activists say that huge challenges are ahead to bring the recommendation into effect.

In this regard, Helena Rodríguez-Bronchú of TRIAL said,

Judging by the recent past, the situation does not bode well. Nepal underwent its first UPR on 25 January 2011. At that time, Nepal, accepted several dozens of UN recommendations. It is alarming to see that four years later, the country has turned a blind eye to several of those recommendations.

Nepal showed a shameful indifference to its international obligations, Helena added.

Read National Report for Nepal is available from the UPR website in PDF format, which includes a lengthy list of recommendations by member nations.

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During the November 2015 23rd session, 14 countries are under UN scrutiny. Three times a year, in the framework of the UPR, members of the Human Rights Council examine the countries and assess their human rights situation.