A/HRC/10/53
page 10
and acts of extortion. Taking note of the lawlessness and criminal activities, the Government in
October announced the formation of a three-member ministerial committee to engage in dialogue
with some of the armed groups operating in the Terai.
35. The lack of public security, in particular in the Terai, has had a negative effect on the
ability of many professionals to operate, including human rights defenders, who are sometimes
reluctant to carry out investigations and issue public reports for fear of retaliation, either by State
authorities or armed groups. OHCHR Nepal received numerous reports of threats and
intimidation by armed groups against journalists, some of whom have been coerced to publish
and disseminate unverified information that could increase tensions. The continuing challenges
for the Government to protect the rights and security of its citizens, especially in the Terai,
continues to undermine the human rights situation and hence the durability of the peace process.
36. The population continued to use street protests, roadblocks and strikes to force the
Government to pay attention to their concerns, whether these were economic, including increases
in the prices of fuel, or political. This action, known as bandhs, caused widespread disruption to
daily life whenever it occurred, and curtailed freedom of movement, access to education and
health services, development programmes and activities of non-governmental organizations. The
fact that the Government in most cases gives in to the demands of protestors, combined with the
lack of structured alternative avenues to raise grievances, perpetuates the imposition of bandhs
and threat of violence as the primary and most effective means to obtain a reaction from
Government.
37. In February 2008, an alliance of Madheshi political parties, including the Madhesi People’s
Rights Forum, called a Terai-wide bandh demanding a constitutional amendment to establish an
autonomous Madhesi state within a federal democratic republic and fair representation of
Madhesis in all State organs, including the army. While the protests were called off after two
weeks following agreements reached with the Government, the bandh paralysed daily life and
led to violent confrontations between bandh supporters and both the Nepal Police and Armed
Police Force (APF), in which six civilians and an APF officer were killed and hundreds of
people injured, including police personnel. Whilst recognizing that demonstrators were on many
occasions violent, attacking government offices, police posts and ambulances, the policing of the
protests and the use of force raised serious concerns. OHCHR Nepal issued a report of its
investigation into the policing of the bandh that included recommendations to the Government to
improve respect for human rights in responding to situations of public disorder, including
through relevant legislative reform and provision of better resources to the police.
38. The Government developed various strategies to address the worsening public security
situation, including deployment of special task forces of Armed Police Force and Nepal Police
personnel in districts particularly affected by criminality. However, increased demands to tackle
armed groups have coincided with an increase in illegal killings by police forces. In 2008,
23 cases were reported, for most of which the Nepal Police was responsible, as compared to
12 cases in 2007. In most cases the security forces claimed self-defence and the deaths were
generally recorded as “accidental”. In none of the cases investigated by OHCHR Nepal has there
been any attempt to conduct credible, effective or impartial investigations.
39. While in some cases the Government has appointed commissions to investigate major
incidents, these commissions often included members of the institutions whose personnel are
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