A/HRC/13/73
I. Introduction
1.
Political developments in recent months have drawn attention to the increasingly
fragile state of the peace process in Nepal. Ongoing political uncertainty following the
withdrawal of the Unified Communist Party of Nepal (Maoist) (UCPN-M) from
Government in May 2009, led to a general stalling of the peace process which has hindered
opportunities for Nepal to make progress on essential human rights issues.
2.
Progress has been made through measures to improve social inclusion, in particular
with regard to the representation of marginalized groups in the Constituent Assembly and
steps to eradicate the practices of “untouchability” and bonded labour. A new act on
domestic violence came into effect in May, one of only two pieces of legislation adopted by
the Legislature-Parliament in 2009. The Government has also taken some positive steps in
its preparation for a transitional justice process, and must now ensure their careful
implementation.
3.
The courts have instructed the Government to move forward on investigations into
several conflict related cases, ,but minimal steps have been taken to end impunity, despite
repeated commitments by the authorities. While the Government has provided reparation to
a number of conflict victims, it has taken no visible steps to hold accountable any
individual responsible for grave human rights violations and abuses committed during or
after the conflict. According to the National Human Rights Commission, the Government
has failed to implement the vast majority of recommendations issued by the Commission
while cooperation by State security forces with human rights investigations, including
investigations by the Office of the United Nations High Commissioner for Human Rights
(OHCHR) into conflict-related violations, remains poor.
4.
Criminal armed groups and militant organizations which espouse a political agenda
continue to create a serious public security problem, particularly in the eastern and central
Tarai regions. As the May 2010 deadline for the new Constitution approaches, protests and
enforced general strikes (bandhs) are becoming more frequent and opportunities for
constructive dialogue among all stakeholders are often overshadowed by narrow political
interests. The Government has adopted a new security plan and other strategies to address
the worsening public security situation and while the Government has reported subsequent
improvement in public security, the implementation of the plan has given rise to a number
of human rights concerns.
5.
The ongoing political crisis has exposed fundamental differences between the major
political parties on some of the most basic elements agreed to in the Comprehensive Peace
Agreement. Protracted inter-party disagreements have prevented the Government and the
Constituent Assembly from functioning fully. Despite some initially encouraging progress
on human rights issues, including a Government proposal for amending a number of
discriminatory laws, the Legislature-Parliament has produced few tangible results, due in
particular to obstructions by UCPN-M, the largest party.
6.
Though Nepal faces many considerable challenges, all major parties continue to
express their commitment to the peace process. Real progress is possible if all parties
dedicate themselves to fostering a productive working relationship focused on the greater
good of the Nepali people, for which respect for human rights is fundamental. The presence
of the United Nations, including OHCHR, remains crucial during this period of postconflict transition, and provides support for emerging structures in Nepal whose aim is to
build a more stable and inclusive political order based on respect for human rights and the
rule of law.
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