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. 16

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