A/HRC/13/73
necessary to meet its human rights commitments and conclude the peace process
successfully.
72.
The national human rights institutions established in recent years can, with
adequate support, make considerable progress in the protection and promotion of
human rights in Nepal. There are many civil society organizations engaged in human
rights work and human rights defenders are active throughout the country, in spite of
the multiple challenges and dangers they face. Concerted efforts to empower further
these national actors, in particular the National Human Rights Commission, are of
paramount importance for enhancing the impact of their work. The Commission
agreed to the second phase of a comprehensive capacity development project with
UNDP and OHCHR in July 2009, which represents one of several significant
developments for strengthening the capacities of a human rights institution which is
critical to the future of the country. Nepal will continue to benefit from a strong
alliance of international and national actors engaged in efforts to support a safer
environment for human rights defenders.
73.
Key national actors are today well aware of the criteria which must be in place
for a successful and just transitional justice process. A point emphasized by the High
Commissioner at the conclusion of her mission to Nepal in March 2009 remains
equally valid today: the demands of victims’ families are not mere wishes, they are
supported by law. Until these demands for justice are fulfilled and accountability for
past and present violations is ensured, a truly new Nepal will not emerge, and the
peace process could be jeopardised. With the launch of a “peace through justice”
project in July 2009 under the United Nations Peace Fund for Nepal, OHCHR, in
close coordination with the Government and civil society, has intensified its efforts to
support the establishment of proper transitional justice mechanisms which will
respect the needs of conflict victims and their families.
74.
To address long-standing discrimination and the lack of implementation of
economic, social and cultural rights, OHCHR, together with the Government, the
United Nations country team and development partners, is fostering a rights based
approach. With the help of human rights mechanisms, including treaty bodies and
special procedures, it is in a position to offer concrete assistance to the authorities to
enable the Government to meet its human rights obligations.
75.
The Government thus has several significant sources of support for the peace
process available to it and a unique opportunity to move the process forward in the
interests of all Nepalis.
VII.
Recommendations
76.
Acknowledging the progress made in taking steps towards establishing the
transitional justice mechanisms named in the Comprehensive Peace Agreement,
OHCHR urges the Government to take concrete measures to fulfill its repeated
commitments to end impunity, including by implementing transitional justice
mechanisms in accordance with international standards, investigating the
disappearances at Maharajgunj barracks and Bardiya documented in OHCH^R
reports and prosecuting cases committed both by members of UCPN-M and the State
security forces.
77.
Noting the position of the Nepalese Army in the Maina Sunuwar case, where it
is failing to comply with the directions of the Kavre District Court, which is acting
pursuant to a Supreme Court directive, OHCHR calls on the Government to ensure
that the Army complies with the court orders.
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