A/HRC/4/97
page 4
the Nepal Police - at times faced a difficult task of dispersing groups of violent demonstrators,
OHCHR concluded that all branches of the security forces were responsible for excessive use of
force. Eighteen people died in the context of the demonstrations, mostly as a result of bullet
wounds, and many more were injured from beatings, bullets or stones.1
5.
On 24 April 2006, the eve of what was likely to have been the largest demonstration in
Kathmandu and amidst serious concerns as to the potential response of the security forces,
King Gyanendra announced the reinstatement of the House of Representatives. On 27 April,
the King appointed the unanimous choice of SPA, Nepali Congress leader Girija Prasad Koirala,
as Prime Minister. The following day, the House of Representatives convened for the first
time since 2002, an SPA Government was formed and the King’s powers subsequently curtailed.
6.
Significant improvements in the human rights situation were observed immediately after
the establishment of the new Government. The right to freedom of association, expression and
assembly were largely restored, with bans on demonstrations lifted except in one area of
Kathmandu. All political detainees held under Public Security Act (PSA) were released. Both
parties declared ceasefires, and on 26 May 2006, agreed on a 25-point code of conduct. The
ceasefire has held since April 2006 and resulted in a complete cessation of the Nepalese Army
and People’s Liberation Army (PLA) offensive operations.
7.
With the cessation of hostilities, conflict-related violations also ended, including
extrajudicial executions, detention, torture and ill-treatment in army barracks of those suspected
of links with CPN(M). Violations of international humanitarian law ceased. The pattern of
long-term disappearances which dominated previous years ended during 2005. Most prisoners
held in preventive detention or facing charges under the Terrorist and Disruptive Activities
(Control and Punishment) Ordinance (TADO) on suspicion of being members or sympathizers of
CPN(M) (see A/60/359, para. 16) were released, including many juveniles. The TADO was not
renewed when it lapsed in October.
8.
Despite these improvements, as this report documents, many challenges remain with
regard to ending serious ongoing abuses such as arbitrary detention, abductions, torture and
ill-treatment, and to upholding and strengthening respect for human rights. Challenges include
also the failure of both parties to address impunity for past and recent violations in any
meaningful way, and deeply-rooted discrimination and other abuses against women and other
marginalized communities such as Dalits, Madhesi and ethnic groups. While there have been
gains in democratic space, creating a climate conducive to Constituent Assembly elections - due
to be held in June 2007 - without threats or violence will be extremely difficult unless there is the
political will on the part of all parties to strengthen rule of law and to respect the political rights
of all.
1
See Findings of OHCHR-Nepal’s Monitoring and Investigations: The April Protests:
Democratic Rights and the Excessive Use of Force, published in September 2006.
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