A/HRC/4/97
page 15
and other subsequent killings or deaths in captivity, and punish anyone found guilty, as of the
end of 2006 no information had been received by OHCHR from the national leadership
regarding any action taken.
54.
OHCHR has repeatedly raised with CPN(M) its concerns about more
than 120 abductions reported during the period of the conflict where the fate or whereabouts of
the person has remained unclarified. It is thought that among them are scores of political party
members, teachers, members of the security forces and alleged informants.
55.
On 26 June 2006, OHCHR urged CPN(M) to set up a mechanism at the national level to
oversee internal investigations into allegations of abuses by CPN(M) cadres to ensure that they
are impartial and complete, and do not result in further abuses. OHCHR also stressed that such
internal investigations cannot substitute for independent investigations and prosecutions carried
out in a civilian State court. OHCHR has noted that four CPN(M) cadres were handed over to
police for their alleged involvement in abuses.
56.
OHCHR noted with special concern that although the leadership said that action was
taken against those responsible for the 2005 attack on a public bus in Madi, Chitwan District
(see A/60/359, para. 37), resulting in the death of at least 35 civilians and members of the
security forces, some of those responsible were freed after “serving sentences” of apparently two
to three months of “corrective punishment”. In December 2006, OHCHR wrote to CPN(M)
leadership requesting documentation and further information about investigations into the
incident.
V. INTERNAL DISPLACEMENT
57.
Since the ceasefire, forced internal displacement has largely ended and many internally
displaced persons (IDPs) are now returning. Both parties have committed to the safe and
sustainable return of IDPs and to the restitution of confiscated land and property. In some
districts NGOs and local authorities estimate that most IDPs have already returned, while in
others, return is just beginning. Many IDPs from the rural areas are also likely to integrate into
urban communities where they currently reside, hoping for better access to jobs, schooling and
other social services.
58.
However, there are a number of challenges to the implementation of the parties’
commitments regarding returns, including protection concerns for IDPs in political opposition to
CPN(M) and lack of material assistance upon return. CPN(M) national leaders’ commitments
are often not fully adhered to by CPN(M) leaders at village level where most returnees are
arriving. In some areas, returning IDPs have been unconditionally welcomed back by CPN(M)
and have had their property returned to them. In other regions, local CPN(M) cadres effectively
decide who can return and reportedly impose conditions on return, including public apologies for
alleged “wrongdoing”. As spontaneous and NGO-facilitated returns are increasing, OHCHR is
monitoring return movements and advocating that the CPN(M) respect formal commitments to
safe and dignified return at the local level.
59.
The Government itself has so far failed to respond to IDPs’ increasing interest in return.
There is no comprehensive plan addressing the assistance and protection needs of returning
IDPs, only a request from the Home Ministry to the Chief District Officers for proper
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