A/HRC/13/73 country, and to build the capacity of national actors in the protection aspects of humanitarian disasters. IV. A. Main human rights issues Impunity and transitional justice 26. Despite the public and private made commitments by the Government, including those made by the Prime Minister before the General Assembly in September 2009, there has been no substantial progress in addressing impunity for conflict or post-conflict human rights violations and abuses. Both the Nepalese Army and UCPN-M continue to resist attempts to hold their personnel accountable for human rights violations and abuses and to withhold cooperation from civilian authorities responsible for investigating these cases. Progress made by the Government toward the establishment of transitional justice institutions is in danger of being undermined by insufficient political support and and by shortcomings in draft legislation, which has yet to be approved by the LegislatureParliament. 27. Persistent impunity for human rights violations has had had a corrosive effect on rule of law institutions and has further damaged their credibility. Impunity has contributed directly to widespread failings in public security by sending a message that violence carries no consequences for the perpetrator. Nepal has relatively independent rule of law institutions, but they remain vulnerable to political pressure and manipulation and are in need of support. 28. This lack of progress notwithstanding, the coming year, which should see the promulgation of a new Constitution and the beginning of a transitional justice process, will present important opportunities to the Government and the UCPN-M leadership to make good on their repeated commitments to ensuring accountability and the rule of law, which political actors in Nepal have affirmed is necessary for the success of the peace process. 1. Impunity for human rights violations 29. The Government’s lack of response to serious allegations of human rights violations involving Army personnel remains a concern, including with regard to the nonimplementation of orders issued by Nepali courts. The Kavre District Court issued a decision in September 2009 ordering the Army to suspend an alleged perpetrator, against whom an arrest warrant is outstanding, in the torture and killing of 15-year-old Maina Sunuwar in 2004 and to produce relevant documents. The Army failed to comply with the order to suspend the suspect, whom it sent on a United Nations peacekeeping mission. The officer was subsequently repatriated by the United Nations. The Nepalese Army has refused to surrender him to civilian authorities for an independent investigation, despite requests from the Nepal Police and National Human Rights Commission. The Government has yet to arrest any of the four accused in the case, even though arrest warrants have been outstanding since July 2008. 30. The Nepalese Army has yet to take any action against personnel implicated either directly or through chain-of-command responsibility in acts of conflict-related torture and enforced disappearances at the Tenth Brigade’s Maharajgunj barracks in Kathmandu and at the Chisapani barracks in Bardiya district, which have been extensively documented by 7