A/HRC/4/97
page 3
I. INTRODUCTION
1.
The present report is established pursuant to Human Rights Council decision 2/114 in
which the Council decided to request the High Commissioner to submit a report on the human
rights situation in Nepal and the activities of her Office, including technical cooperation, to the
Council at its fourth session. On 16 February 2006, the High Commissioner for Human Rights
submitted to the Commission on Human Rights her report on the human rights situation and the
activities of her office, including technical cooperation, in Nepal, which had been established
pursuant to Commission resolution 2005/78 and covered the period from May 2005 to
January 2006 (E/CN.4/2006/107). She subsequently prepared a report for the General Assembly
(A/61/374) covering the period up until September 2006.
2.
This latest report, covering the period up to the beginning of January 2007, examines
the political changes since the protest movement in April 2006 and their impact on the human
rights situation, as well as key human rights issues which need to be addressed in the course of
the still fragile peace process. It is based on information gathered in the context of the Office of
the United Nations High Commissioner for Human Rights (OHCHR) monitoring and
investigation work throughout the country, including meetings with authorities, security forces,
Communist Party of Nepal (Maoist) (CPN(M)), civil society, victims and families. Since the
ceasefire, staff from the regional offices of OHCHR in Biratnagar, Kathmandu, Pokhara and
Nepalgunj, and the new sub-office in Dadeldura, have intensified travel to many districts and
villages. Overall, the authorities and CPN(M) have cooperated with OHCHR. However,
OHCHR has been disappointed at the continued lack of response to a number of reports and
letters to the Government and to CPN(M), and by the failure to implement many
recommendations for ending abuses and strengthening human rights protection. CPN(M) at
times delayed access to those held in captivity. In addition, the Nepalese Army maintained its
refusal to provide documents relating to military investigations and court martial proceedings
into abuses. Ending impunity in Nepal remains the most difficult human rights challenge.
3.
Ongoing peace talks in Nepal resulted in a request from the parties for United Nations
support for the peace process. In addition to OHCHR being requested to monitor the human
rights provisions of a 21 November Comprehensive Peace Agreement (CPA), the United Nations
was requested to support the peace process, including through arms and troop management, and
technical assistance for the elections. In December, OHCHR participated in a Technical
Assessment Mission, headed by the Office of the Personal Representative of the
Secretary-General (OPRSG) to make recommendations to the Security Council as to the nature
of the United Nations presence. OHCHR will coordinate and collaborate very closely with the
new mission to ensure complementarity of activities.
4.
The year 2006 saw extensive developments in the political situation and in the conflict.
These changes were precipitated by 19 days of nationwide protests (known as the Jana Andolan
or People’s Movement), which were organized by the Seven-Party Alliance (SPA) with
Communist Party of Nepal - Maoist (CPN(M)) support. The demonstrations began on 5 April
and took on unprecedented proportions. The Government tried from the outset to prevent the
protests, severely curtailing rights to freedom of assembly and association, with several
thousand arrests, and many political party and civil society leaders placed in preventive
detention under the Public Security Act. While acknowledging that security forces - the Royal
Nepalese Army (renamed the Nepalese Army on 18 May), the Armed Police Force (APF), and
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