The National Human Rights Commission (NHRC) of Nepal breaks into news with regularity, and that gives an indication of the human rights (HR) situation in the country. Its role cannot be underestimated in times when the lacklustre law and order situation and impunity stalk the social scene. It has been in existence as a constitutional body. It functions as a statutory body to complement the legal system of the country. Though it cannot prosecute anyone for human rights violations on its own right, it does make the necessary recommendations to the government for further action. Despite its well-researched recommendations, the government response that is the implementations aspect accordingly does not show any silver lining. The only valid point is perhaps the assertion that the government has compensated the victims in cases on which the NHRC worked and forwarded the recommendations to the government. But, the whole process of delivering justice does not stop at this; it is mandatory to take appropriate legal action against the perpetrators as identified by the NHRC. On this front the government has not given due importance to what the NHRC has forwarded to it. That is enough to reflect the status of impunity offered to the human rights violators.
Government assurances to NDC and OHCHR
to implement court verdicts on caste-based discrimination
21 July, Kathmandu,
Local Government authorities, including the Senior Superintendent of Police of Mahakali zone and the Deputy Superintendent of Police in Baitadi have assured the National Dalit Commission (NDC) and the Office of UN High Commissioner for Human Rights in Nepal (OHCHR) to swiftly implement two ground breaking discrimination related verdicts. The first verdict issued in January 2009, relates to a sentence of two years imprisonment issued by the Baitadi district court to the main perpetrator and a fine of rupees twenty five thousand. In this case, twelve Dalits were physically assaulted and robbed after they refused to follow discriminatory rituals. The second decision, issued by the same court in March 2010, is in relation to an assault of the father of a Dalit groom during a wedding ceremony for practicing “rituals reserved for high-caste communities”.
Despite repeated calls by human rights organisations, including the NDC, the National Human Rights Commission and OHCHR, the court decisions have yet to be implemented and have remained pending for many months. The members of a joint OHCHR-NDC mission raised serious concerns regarding this matter and urged the authorities to take the necessary action in accordance with the law.
OHCHR and the NDC welcome the assurance of the local authorities to enforce the verdicts during their meetings and expect appropriate steps to be taken as a matter of urgency. The four-day joint mission, led by the Chairperson of the NDC, was aimed at assessing the overall human rights situation of Dalit communities in the region.
Bijul Kumar Bishwokarma, the chairperson of National Dalit Commission, stressed that “it is the responsibility of local authorities to enforce law and order, and to effectively implement court orders. I call on the Government authorities to arrest the perpetrators swiftly as ordered by the courts.”
Jyoti Sanghera, the Deputy Representative of OHCHR Nepal added: “OHCHR acknowledges the proper filing of first information reports by the police on allegations of caste-based discrimination and untouchability; however, this mission has brought to light a range of obstacles that continue to prevent Dalit communities from enjoying their fundamental human rights. I call on the Government to undertake all necessary steps to address these challenges, and to execute the court orders as soon as possible.”
Government assurances to NDC and OHCHR to implement court verdicts on caste-based discrimination
21 July, Kathmandu,
Local Government authorities, including the Senior Superintendent of Police of Mahakali zone and the Deputy Superintendent of Police in Baitadi have assured the National Dalit Commission (NDC) and the Office of UN High Commissioner for Human Rights in Nepal (OHCHR) to swiftly implement two ground breaking discrimination related verdicts. The first verdict issued in January 2009, relates to a sentence of two years imprisonment issued by the Baitadi district court to the main perpetrator and a fine of rupees twenty five thousand. In this case, twelve Dalits were physically assaulted and robbed after they refused to follow discriminatory rituals. The second decision, issued by the same court in March 2010, is in relation to an assault of the father of a Dalit groom during a wedding ceremony for practicing “rituals reserved for high-caste communities”.
Despite repeated calls by human rights organisations, including the NDC, the National Human Rights Commission and OHCHR, the court decisions have yet to be implemented and have remained pending for many months. The members of a joint OHCHR-NDC mission raised serious concerns regarding this matter and urged the authorities to take the necessary action in accordance with the law.
Parliamentary Speaker Abdulla Shahid this morning cancelled parliamentary sittings until the government releases MP Abdulla Yameen from MNDF “protection” on ‘Aarah’, the presidential retreat.
The Human Rights Commission of the Maldives (HRCM) has meanwhile issued a statement calling on the government to release Yameen from his ‘protection’ at Aarah.
“On July 15 the Maldives National Defense Force (MNDF) arrested Abdulla Yameen Abdul Gayoom, and since then it has been five days and he has not been presented to court,” HRCM said in a statement.
“He is held in custody against article number 49 of the constitution,” the commission claimed.
“Although he was isolated for his own protection, violating article 49 is unconstitutional, and therefore the HRCM calls on the government to follow the constitution and release Yameen immediately.”
Four years after the end of the conflict, there now appears to be a familiar pattern in the way in which the Maoists handles incidents where a member of party is charged with crime. This has most recently been revealed in the case of Kali Bahadur Kham ‘Bibidh’, who has been charged with robbery and running an illegal trade in the Himalayan herb Yarchagumba. First, a number of key party leaders state in public that the accused has no relation with the party at all, that none of the party leaders are aware of his whereabouts. Then, as the police begins its investigations, the party leadership states that it is willing to cooperate with any criminal investigations. As the process continues, however, and it becomes evident that the accused is in fact in contact with Maoist leaders, party leaders state that the accused is innocent of the crime he has been charged with and that the party has begun an internal investigation. The investigation then “confirms” the innocence of the accused and he continues to remain out of the arms of the law, under the protection of the Maoist party.
NEW DELHI: Former CJI and National Human Rights Commission chief K G Balakrishnan on Tuesday described honour killings as “cold blooded murder”, adding that more than a new law, awareness was needed in society against such inhuman acts. The statement comes at a time when the National Commission for Women and prominent women rights activists have been demanding a separate legislation to define honour crimes.
Balakrishnan was speaking at a seminar organised by the All India Democratic Women’s Association (AIDWA) on honour killings. Underlining the deep-rooted problem, NCW chairperson Girija Vyas said the commission was dealing with 50 cases that had poured in the last two months.
Raj Kumar Siwakoti
Every year on July 17, the world celebrates International Justice Day marking the anniversary of the adoption of the Rome Statute, the founding treaty of the International Criminal Court (ICC). International Justice Day is a reminder of the urgency for all states committed to justice to ensure continued support to the Rome Statute’s international justice system to reaffirm its commitment to end the culture of impunity and take the necessary steps to ratify the Rome Statute.
On this day 12 years ago, the Rome Statute was adopted by an overwhelming vote of 120 states. Today, 111 states have joined the ICC, and the number keeps growing. The world is celebrating this day as a show of solidarity with victims of crimes against humanity, genocide and war crimes. International Justice Day is an opportunity for the world community to celebrate the historic advances made in ending impunity for the worst crimes under international law.
Since 1993, 181 trials dealing with terrible crimes committed in 12 countries, have been held by six international and special tribunals. Similar trials for the gravest crimes are ongoing at the national level. As of the present, three trials are being conducted at the ICC, investigations have been opened in five countries, and 12 arrest warrants and three summons to appear have been issued. Allegations of crimes committed in many other countries are being considered by the ICC Prosecutor.
NEW DELHI — Global rights monitor Human Rights Watch urged the Indian government Monday to crack down on village councils and local politicians linked to a spate of recent “honour” killings.
The New York-based watchdog said the authorities should not only prosecute those responsible but also strengthen existing laws to prevent religion and caste-based violence.
Most “honour killings” in India target young couples who marry outside their caste, and are carried out by relatives in an attempt to protect the family’s reputation.
The murders are often sanctioned by village councils and prosecutions are rare because, critics say, local police and politicians choose to turn a blind eye.
“Officials who fail to condemn village council edicts that end in murder are effectively endorsing murder,” said Meenakshi Ganguly, South Asia director for Human Rights Watch.
The case of Sita Tamang shows the media needs to exercise caution when it comes to covering conflict-sensitive issues
CK LAL
Radhika Coomaraswamy, special representative for children and armed conflict of the UN Secretary General Ban Ki-moon, brings her formidable qualifications to bear on a very delicate responsibility. As the erstwhile chairperson of the Human Rights Commission and the director of the International Centre for Ethnic Studies in Sri Lanka, Coomaraswamy is one of few Third World citizens who stride through the global corridors of power with ease.
Of the 4,008 disqualified combatants discharged from temporary cantonments in Nepal, over 3,000 were children. The Maoists claimed the discharges were a result of their magnanimity, while the anti-Maoist coalition of Premier Madhav Kumar Nepal claimed it as the most remarkable achievement of its 13 months in office. UNMIN, too, feels it is a success story for the organisation. Unsurprisingly, Sita Tamang, alias Manju Gurung, was a prize catch for the Security Council, where she made an appearance on 16 June.
It is extremely unlikely that Coomaraswamy was unaware of the potential repercussions of making Sita narrate her story in the full glare of the media eye. The ‘Manju’ alias was tokenism more than anything else, as the ensuing footage and photos of Sita did little to protect the testifier’s identity.
In fact, the way media coverage of this teenage girl from Chitwan unfolded, it became clear that she might have been used as bait to trap the Maoists into fresh controversy. The ambush has been successful: the former insurgents tumbled into the trap when they quizzed and then reportedly threatened Sita last week.
Former child soldier Sita Tamang’s powerful testimony at the Security Council focused the world’s attention on Nepal’s Maoists
EKAL SILWAL
Sita Tamang, a former child soldier, was excited to go to New York. But the journey she embarked on last month was less to visit the country she had heard so much about since her childhood than it was to fulfill a historic mission.
Sita was invited to the 6341st meeting of the UN Security Council by the UN Special Rapporteur on Children in Armed Conflict, Radhika Coomaraswamy.
On 17 June, Sita was seated next to Coomaraswamy in the Security Council chamber, where there was representation from 60 countries. Over concerns for her safety, she was introduced as Manju Gurung. Then she recounted her ordeal of abduction by the Maoists at age 11. She was forced to perform heavy labour, trained for combat, and threatened with the murder of her family if she spoke to anyone about the Maoists. She told the assembly about her escape and the discrimination she had to endure at the hands of her family and neighbours back in her home village. She also spent time in the Shaktikhor cantonment in Chitwan before she escaped and finally contacted a human rights organisation that aided her rehabilitation. The chamber was left shocked by her story.
Subash Shiwakoti
The war against trafficking must incorporate action against poverty and marginalisation
Human trafficking is a modern form of slavery and a serious crime that results in gross abuse of the victims’ human rights. Thousands of children, women and men become victims of human traffickers each year. We have also exposed human trafficking in Nepal, and we have discovered that Nepal is used as a resource country for trade in women and children mostly for the purpose of sexual exploitation and child pornography. The national reports of the National Human Rights Commission (NHRC) for 2008 and 2009 show that around 32,000 children and women became victims of trafficking in those two years. The report stated, “Today, trafficking is not limited just to commercial sexual exploitation but to labour exploitation, organ transplantation and entertainment (circus and dance bars) purposes.”
This trade appears to be increasing, both nationally and internationally; and it is estimated that human trafficking has become the second largest illegal business in the world after the arms trade. Several thousand illegal organ transplantations take place each year. The trade gœs from poor countries to rich countries, from poor donors to wealthy recipients. This is a disturbing trend in countries that have little respect for or understanding of human rights. The government’s goal is to combat all types of human trafficking. It has stated this goal in different national declarations and plans of the action. Nepal has made an international commitment to prevent and combat trade in human beings by ratifying different international and regional conventions especially on women and children.
Human trafficking is a global, transnational problem. It is a serious form of crime that, in many cases, is organised by international criminal networks. These activities often take place as part of other serious, organised crimes, and are characterised by the perpetrators being involved in multiple crimes, i.e., they are often involved in drug trafficking and arms dealing across national borders. There are possibilities for making substantial profits while most of the victims are in a vulnerable situation due to poverty and repression. The networks are usually based abroad, often in the victims’ home countries. Consequently, the sufferers are often scared of providing information for fear of reprisal against themselves or their families in their countries of origin.