A/HRC/16/23 5. Armed criminal groups, operating primarily in the southern Terai districts, continue to have a serious impact on the overall security situation. Attacks and abductions targeting members of the business community, local authorities, political parties and the public are frequent, and ransom payments are often demanded. The security forces have responded with methods that have also raised serious concerns, including numerous accounts of alleged unlawful arrests and extrajudicial killings of the members of such groups, notwithstanding the longstanding commitment Nepal has maintained against the death penalty. The Government emphasizes the importance of its code of conduct for security personnel as well as efforts to improve the situation through negotiation with armed groups and regular law enforcement. However, continued uncertainties surrounding the future constitution, particularly in relation to federalism, are likely to lead to continued tensions across Nepal in 2011, particularly in districts where issues related to possible federal structures are highly disputed between different ethnic and ethno-political groups. III. Office of the United Nations High Commissioner for Human Rights in Nepal 6. OHCHR-Nepal was established in 2005. The current mandate was renewed in June 2010 for a further year. In addition to its formal mandate under the Agreement between the High Commissioner and the Government of Nepal, OHCHR-Nepal is mandated under the Comprehensive Peace Agreement to monitor respect for the human rights provisions contained in the Agreement. 7. During the reporting period, OHCHR-Nepal continued to monitor the human rights situation in Nepal, regularly deploying monitoring teams across the country. For example, during the Maoist protests in May, OHCHR-Nepal deployed 21 teams nationwide to monitor developments. The office has further continued to increase its focus on the development of a national protection system, with an emphasis on building the capacity of national human rights institutions and civil society. In this regard OHCHR-Nepal is in the process of finalizing a toolkit for human rights defenders and has continued to closely cooperate with the National Human Rights Commission, National Women Commission and National Dalit Commission. 8. In September 2010, OHCHR-Nepal released a summary of concerns entitled “Investigating allegations of extra-judicial killings in the Terai” that documents 39 incidents which resulted in the death of 57 persons between January 2008 and June 2010; in all cases there are credible allegations of the unlawful use of force by security forces.2 OHCHR-Nepal has further engaged in ongoing advocacy regarding emblematic cases of human rights violations and abuses, committed both during and after the conflict, which highlight continuing impunity for such crimes. While little progress was made during the reporting period, the conduct of a successful exhumation in one case, following persistent efforts of the National Human Rights Commission and OHCHR-Nepal, is encouraging, although it remains to be seen whether this will lead to the successful prosecution of the perpetrators. 9. OHCHR-Nepal has continued its advocacy with and assistance to the Government regarding the improvement of several draft bills which are pending in Parliament. It is currently engaged in consultations with civil society organizations in order to submit recommendations regarding the human rights implications of the three draft bills for the 2 4 OHCHR-Nepal has lately received detailed comments from the Government of Nepal on the summary of concerns and many of the cases reported therein, and looks forward to further dialogue with the authorities on the issues and recommendations raised.

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