News update from Nepal, April 8, 2005 coordination, aid instruments and aid allocation. The UK in collaboration with the World Bank will lead Nepal and the common approach will serve as a basis for discussion at a meeting proposed for lead donors in Paris on May 10, 2005. Human Rights Condition On March 24 the Chairman of National Human Rights Commission(NHRC) Nayan Bahadur Khatri said that the“human rights situation is deteriorating. But it is not alarming as claimed by some human rights NGOs. The Commission officials are now granted easy access to any detention center. They have visited many such centers and monitored the situation of detainees.” On April 6 the NHRC, however, strongly urged the government not to instigate“anti-Maoist” vigilantes in the future so as to prevent the loss of lives and property as that which happened in Kapilvasu district. So far 49 people have died in such mob action. The Human Rights Promotion Center (HRPC) of the Office of Prime Minister revealed that the government would not stop those who are fully involved in protection and promotion of human rights. On March 31 in a historic verdict upholding the rights of the Nepalese people, the Supreme Court also said that the people can exercise both non-suspended fundamental and legal rights even during the state of emergency and can move to the court for constitutional and legal remedy if their non-suspended rights are infringed. The 61 st session of the UN Human Rights Commission(UNHRC) in Geneva began discussion on Item Agenda 9 regarding Nepal’s worsening human rights situation. Lobbying to establish a Special Rapporteur in Nepal, representatives of 25 Human Rights NGOs of Nepal urged members of the UNHCR to pass a resolution under Item 9 and also urged to request the government and Maoists to fully respect human rights and humanitarian laws. Switzerland is considering tabling a resolution. Last year it had proposed a draft resolution asking the 53-member countries to vote for moving Nepal from Agenda 19 to Agenda 9. The item Agenda 19 implies that the country’s human rights record is in a serious situation but can be improved through advisory services and technical cooperation from member countries while Agenda 9 implies that the nation is systematically violating human rights and is beyond rectification, a situation that calls for the appointment of special rapporteur for international human rights monitoring, restoration of fundamental rights and signing of the human rights accord between the state and Maoists. On March 30 SecretaryGeneral of Amnesty International(AI), Irene Khan urged in a statement,“The UNHCHR has to act decisively to improve the human rights situation in Nepal” and called on the Commission“to adopt a strong resolution establishing a Special Rapporteur on Nepal ensuring a strong human rights monitoring presence in the country.” She said:“The pursuit of security cannot be at the expense of justice and respect for human rights.” On April 4 the Asian Legal Resource Center(ALRC) presented its report“Zero Rule of Law” at the 61 st session of the UNCHR in Geneva. It urged the UN Commission to take serious initiatives towards ending the practices of large-scale disappearances, killings and torture in Nepal and ensuring thorough investigation into atrocities that have already been committed. It urged the commission to focus on effective monitoring and intervention in Nepal. It also criticized the international community for ignoring the crisis in Nepal which has resulted in the destruction of basic institutions such as court, law enforcement units and the bureaucracy. It said,“A regime for human rights protection in Nepal no longer exists because the legal system has
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8.4.2005
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