A/HRC/4/97
page 18
69.
However, there remain serious concerns regarding ongoing human rights abuses,
and the current improvements which have taken place remain fragile. Any setback to the
peace process risks a negative and potentially devastating impact on the human rights
situation. It is essential that all stakeholders are committed to the peace process and
address human rights issues at every stage to ensure a sustainable peace with justice.
Many challenges remain, a major one being the issue of law enforcement and the
administration of justice. The current weakness (and in many places absence) of law
enforcement agencies, their limited capacity or will to maintain law and order and to
protect the civilian population from violence, limited Government support and the
resistance of CPN(M), will facilitate the emergence of elements who wish to undermine the
peace process unless these problems are urgently addressed. The strengthening of law
enforcement and justice capacity will be essential to ensuring that the electoral process for
a Constituent Assembly, from its early stages, can be organized without fear, intimidation
or more serious abuses. Likewise, political parties have a responsibility to ensuring that
their own members fully respect the right of others to hold different political opinions. In
this context also, parties will need also to take concrete steps to recognize the demands of
marginalized groups to adequate representation. The lack of modalities for establishing
local interim Government structures and the continuing obstacles to the return of Village
Development Committees in many parts of the country must be urgently resolved through
dialogue to ensure the establishment of rule of law in areas where it has most been absent.
70.
Holding those responsible for violence and for human rights violations to account,
thereby effectively ending the current climate of impunity at the level of the State and by
CPN(M) must be a priority. Hundreds of thousands of lives have been affected by the
conflict with many still bearing the scars, having lost their loved ones; as a result of torture
and detention; maiming by bombs and improvised explosive devices; displacement and
economic hardship; the psychological trauma of conflict. The peace process offers hope of
recovery, but it lies with the parties to the conflict to translate their written commitments
to human rights into effective, long-lasting action. OHCHR stands ready to assist
regarding human rights matters related to the peace process.
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