A/HRC/4/97
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drafted by the Interim Constitution Drafting Committee (hereafter “the Drafting Committee”) set
up in July 2006. After widespread protests that the six-member all-male Committee, led by a
former Supreme Court Justice, was not sufficiently representative, an additional 10 members
(including four women and a Dalit representative) were added. The Interim Constitution
presents an opportunity to strengthen human rights protection until the drafting and adoption of a
new constitution by the Constituent Assembly. Although the latest draft does include improved
human rights provisions, OHCHR is concerned that some of the recommendations it had
submitted to the peace talk negotiation teams on 27 September had not been incorporated into
the 16 December document. The draft does not, for example, clearly protect the rights to life,
liberty and security. Some provisions are incompatible with international human rights
standards, including a clause which would allow the Government to derogate from certain
fundamental rights during a state of emergency.
III. RESPECT FOR INTERNATIONAL HUMAN RIGHTS
AND HUMANITARIAN LAW
A. Conduct of the security forces with regard to human rights
15.
The April change in Government, together with the ceasefire, has had a positive impact
on the conduct of the security forces, particularly in terms of conflict-related violations, but these
gains remain precarious. Institutional weaknesses, as well as the need for political will to instil
professionalism based on full respect for human rights, are challenges which still need to be met.
In the coming months, the extension of State authorities into areas where they have been absent
and the strengthening of law enforcement agencies will be critical to ending violations and
upholding law and order, especially during the electoral process.
16.
As already indicated, conflict-related violations by the Nepalese Army ceased
following the end of hostilities. Sporadic abuses, including allegations of rape or sexual
violence, and the killing of a group of demonstrators in April, were reported. However, reform
of the army - especially the need to subject it to full civilian control and scrutiny - has yet to be
tackled in a satisfactory manner. An Army Act passed in September has resulted in only limited
change. Lack of accountability for past gross human rights violations, including disappearances,
by the Nepalese Army remains one of the main concerns of OHCHR. Its leadership has
informed OHCHR that it is tackling the question of accountability. However, OHCHR remains
deeply critical of the lack of transparency of military investigations and the continued impunity
enjoyed by most perpetrators, with the risk of threats to those who try to pursue justice
(see paragraphs 42-56 below).
17.
In this transition phase, the crucial role of the Nepal Police as the principal law
enforcement agency has been brought to the fore, but as an institution it faces many challenges.
Over 1,000 police posts were destroyed or abandoned during the conflict after police were killed
or threatened. The Government has given instructions that all police posts must be reopened by
mid-January 2007. The Nepal Police is facing numerous obstacles, including lack of
infrastructure and funds, as well as obstructions by CPN(M), even after the signing of the
Comprehensive Peace Agreement. Referring to the 8 November timetable, CPN(M) has
opposed reopening police posts before the Interim Government in some areas. In at least
two cases in December, there were clashes when reopened police posts were attacked. A
3 January 2007 directive by the Chairman of CPN(M) to cadres to support the re-establishment
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