A/HRC/7/68
page 9
33. Formal State restrictions on these rights were limited to restrictions on demonstrations near
the Government/Parliament grounds or curfew orders imposed following outbreaks of violence
during protests. Nevertheless, the use of excessive force to control some demonstrations had an
impact on freedom of assembly and the right to life. A number of demonstrations monitored by
OHCHR were well-policed, and OHCHR acknowledges that police were sometimes faced with
aggressive or violent situations. Nevertheless, interventions by the Armed Police Force and the
Nepal Police to control protests since the Comprehensive Peace Agreement resulted in at
least 27 deaths and many injuries, either through the use of firearms or severe beatings. Nineteen
of the deaths occurred during the Madheshi Andolan.
34. Violations of the freedom of assembly also include situations where the authorities have
failed to prevent violence; numerous reports were received of police passivity in the context of
violent demonstrations. In April, OHCHR published the findings of its investigations into the
killing on 21 March of 27 CPN(M) cadres in Gaur.2 In spite of known escalating tensions
between the Madheshi People’s Rights Forum (MPRF) and CPN(M)/YCL as they organized
simultaneous rallies in the same place, local authorities were unable or unwilling to control the
situation. Several hundred members of the police forces present did not intervene to stop the fatal
attacks when the crowd of MPRF supporters armed with sharpened bamboo sticks turned on the
retreating CPN(M) cadres. Almost one year later, no one has been held criminally accountable
for the murders. In December, MPRF and CPN(M) rallies in Gaur during the same weekend
were peaceful and well-policed.
35. CPN(M) cadres also contributed to creating an environment of fear and intimidation
through abuses targeting members of political parties, including two killings and one
disappearance. OHCHR investigated 46 reports from 36 districts, mostly between July and
October, of involvement of CPN(M) cadres in abductions (23 cases), assaults or acts of
humiliation (23 cases). While it was sometimes unclear how far the motive related to the
political affiliation of the individual concerned - in some cases victims were accused of
corruption or were involved in personal disputes - some were clearly targeted for their perceived
royalist or other political links. The body of one political party member who disappeared in
Humla after abduction by CPN(M) in March was reportedly found in June. CPN(M) denied any
involvement in the death.
36. A total of 14 incidents involving the media, mostly in the far western and central regions,
were attributed to CPN(M). CPN(M) exceptionally acknowledged the responsibility of its cadres
for the killing of Bara District journalist Birendra Sah after his abduction on 5 October. The
perpetrators remain at large despite CPN(M) assurances that they would cooperate with police in
holding them accountable. The whereabouts of another journalist, abducted by CPN(M) cadres
in July in Kanchanpur, remain unknown. OHCHR was also concerned about reports of threats
and other illegal actions during labour disputes by CPN(M)-affiliated trade unions, including in
several national media houses.
2
See the website of the Office of the United Nations High Commissioner for Human Rights in
Nepal at http://nepal.ohchr.org/en/index.html.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents