A/HRC/13/73
II.
Centrality of human rights to the peace process
7.
Historically embedded discrimination against marginalized groups, the lack of
enjoyment of economic, social and cultural rights by a majority of the population and a
deeply-entrenched culture of impunity contributed to the emergence of Nepal’s ten-year
conflict and continue to pose significant challenges to long-term peace and stability. By
conferring a central place to human rights in the 2006 Comprehensive Peace Agreement,
both parties to the agreement affirmed that respect for human rights must be a bedrock
principle of the peace process.
8.
Three years since the signing of the peace agreement, the situation in Nepal
demonstrates that respect for human rights is critical for the sustainability of the peace
process. To date, not a single perpetrator of major human rights violations or abuses
committed during the conflict has been convicted. De facto impunity for conflict-related
violations and abuses, combined with ineffective policing, undermines the trust of Nepalis
in the State to enforce the rule of law, particularly against those with political influence.
The persistent lack of accountability contributes to an environment in which private citizens
are increasingly taking the law into their own hands.
9.
There is also an increasing lack of faith in the ability of the State to deliver basic
services and to reduce escalating socio-economic inequalities that are now the highest in
South Asia.1 Widespread poverty in Nepal remains a particularly pressing human rights
concern, given its link to long-standing structural discrimination against historically
marginalized communities. The diarrhea outbreak in the mid- and far western regionsin
2009, which killed hundreds and severely impacted individuals from marginalized
communities, including women, underscores the close connection between discrimination
and poverty in Nepal.
10.
The use of children for political purposes by the major political parties remains a
significant concern, particularly with respect to UCPN-M, still listed in the annual report of
the Secretary-General on children and armed conflict as a party to conflict which has
recruited and used children. The plan of action for the discharge from the Maoist army, of
2,973 minors disqualified during the 2007 United Nations Mission in Nepal (UNMIN)
verification process, which was signed by the Government of Nepal, UCPN-M, and the
United Nations on 16 December 2009, is a welcome development.
11.
If the Government does not translate its repeated human rights into meaningful
action and address effectively the legitimate grievances of many in post-conflict Nepal, this
has the potential to further destabilize the political situation and ultimately imperil the
peace process. The establishment of effective transitional justice mechanisms that will
address conflict victims’ claims for truth and justice, as envisaged in the peace agreement,
should support a broader transformation in Nepal from a culture of impunity to one of
accountability and respect for the rule of law.
III.
OHCHR-Nepal operations
A.
Mandate
12.
The mandate of OHCHR -Nepal was first set out in the 2005 agreement between the
Government of Nepal and the United Nations High Commissioner for Human Rights. The
1
4
World Bank, Nepal Country Overview 2009.
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