A/HRC/7/68
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21. At the same time, the weakness of law enforcement agencies and delays in security sector
reform not only consolidated impunity but also deepened a security vacuum. The majority of
Nepal Police posts abandoned during the conflict were re-established in 2007, despite obstacles
that included initial CPN(M) opposition and the actions of armed groups.
22. Nevertheless, many still suffered from a lack of infrastructure and equipment. Many police
and local authorities complained about lack of support and directives from the national
authorities, frequently citing insufficient resources and directives as the reason for not taking
action to protect human rights, improve law and order and reduce impunity.
23. Lack of trust in the will or ability of law enforcement agencies to protect the population
encourages lawlessness. In one of the worst incidents of social unrest, 14 people were killed,
several thousand displaced and property extensively damaged as a result of communal violence
which erupted after the killing of a local leader in Kapilvastu District, western Terai, in
September 2007. Investigations by OHCHR concluded that local authorities had been
ill-prepared and failed to intervene promptly to stop or prevent the spread of violence. These
events highlighted the need for local government and civil society initiatives to address
long-standing grievances and build trust among communities.
24. Although “people’s courts” and other CPN(M) parallel structures were mostly dismantled
by 1 April 2007, parallel CPN(M) “law enforcement” activities intensified again and there were
persistent reports of abuses, especially by the Young Communist League (YCL), which was
re-established in December 2006 as a militant political organization under the direct leadership
of CPN(M). Largely composed of former Maoist army and militia members, its leaders often
described security and law enforcement as one of its main functions.
25. Armed groups also exploited the security vacuum and expanded their activities in the
central, eastern, western and mid-western Terai. Their actions and the failure of State authorities
to address them adequately had a severe impact on the protection of human rights in the
Terai plains, especially the rights to life, security and physical integrity, and deepened the
climate of fear and intimidation as well as divisions between Madheshi and Pahadi (people of
hill origin) communities. The activities of journalists and human rights defenders, mostly from
hill areas, were particularly restricted due to insecurity, threats and intimidation from armed
groups, and some were displaced as a result.
26. OHCHR received reports of over 200 abductions and 85 killings, including of local
government officials, by named or unidentified armed groups, principally by the Janatantrik
Terai Mukti Morcha (JTMM) factions, since December 2006. An increasing number of mostly
small explosive devices were planted largely in the Terai (almost daily by January 2008 after the
announcement of an election date), the worst incidents killing three people in Kathmandu in
September 2007. The delivery of services to local populations by local authorities and
non-governmental organizations was drastically reduced, particularly in the rural Terai areas.
Many persons of hill origin have now left the southern Terai plains.
27. Unravelling the agendas and motivations of the armed groups is complex, even though
most groups have articulated demands related to Madheshi issues. Such demands have
sometimes been articulated in inflammatory language blatantly inciting communal violence
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