A/HRC/7/68
page 5
members were given by officials trained and monitored by OHCHR and the International
Committee of the Red Cross (ICRC), focusing especially on human rights standards pertaining to
law enforcement and crowd control.
B. Human rights and the peace process
11. In my previous report to the Council, I noted that progress had been made in
re-establishing democratic rights and in ending conflict-related abuses, but also highlighted
challenges which needed to be addressed to end human rights abuses. Protracted political
wrangling and delays in implementing the Comprehensive Peace Agreement of November 2006,
together with deepening violence and a worsening security situation in the Terai, had a negative
impact on the human rights situation in 2007, while human rights should have been at the heart
of the process. Despite political progress and legislative reforms, which, if implemented, would
have a positive impact, respect for and the protection of human rights have generally diminished
compared with the initial significant improvements after the ceasefire in May 2006.
12. The Comprehensive Peace Agreement commits all parties to an extensive range of civil,
political, economic, social and cultural rights including ending discrimination, arbitrary
detention, torture, killings and disappearances. It also mandated OHCHR to monitor the
implementation of the human rights provisions and requires parties to collaborate with OHCHR
by providing information and implementing recommendations, although this has not frequently
been the case.
13. Additionally, a national body has never been established to monitor implementation of the
Agreement and other peace agreements, including of human rights provisions, thus preventing
effective oversight and enforcement.
14. In December 2007, OHCHR published a report entitled “Human rights in Nepal one year
after the Comprehensive Peace Agreement”, in which the implementation of the Agreement
and the Government’s international human rights obligations were assessed. Noting that
over 130 people1 had been killed since November 2006, more than half as a result of violence by
armed groups, others by the security forces, by CPN(M) or in incidents of social unrest, the
report concluded, inter alia, that human rights had been subordinated to political considerations
in the peace process. The Government, in its comments on the report, questioned the Office’s
accuracy and objectivity on certain issues. In particular, it contested the finding that protection of
the right to life had diminished and described those on torture and excessive use of force as
“baseless”.
C. Political developments affecting human rights
15. Since my previous report, there have been significant political developments. The peace
process has proven challenging on many levels, including from a human rights perspective.
Following the Comprehensive Peace Agreement and the adoption, in January 2007, of an
interim Constitution, an interim Legislature-Parliament was formed of 209 members elected
1
More than 45 of those killed were CPN(M) cadres.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents