On May 26, the Danish government announced that it has earmarked 4.5 million Danish Krone (US$ 750,000) for the new office of the U.N. High Commission on Human Rights in Nepal. The office will use this money over the coming two years for active monitoring and investigating of gross rights abuses occurring on the ground in Nepal, after the government relented to strenuous international pressure. The office has already begun its work and about 50 international staff are expected to join.
In an earlier statement the Asian Human Rights Commission pointed to the need for this mission to start work as soon as possible, given the dangerous situation prevailing in Nepal. Since then, as anticipated, King Gyanendra has dismissed the National Human Rights Commission (NHRC) of Nepal and appointed new commissioners of his own choice. To do so he was obliged to change the law on persons with the power to appoint commissioners or extend their terms. Under the 1997 law that established the commission, changes to its membership required approval of the prime minister, chief justice and leader of the opposition in the lower house of parliament, in order that the commissioners have credibility and be seen as politically impartial and genuinely independent. By amending the law to overcome this provision the king has completely undermined the NHRC and its work. He has further endangered the victims of human rights violations and their defenders. Victims have lost an important avenue for complaints. Those with cases pending before the commission have no hope of redress, and instead are now in danger for having sought it. Human rights defenders and investigating staff at the NHRC are also likely to face serious problems. Many, including journalists, may become open targets for the perpetrators of abuses.
All this heightens the importance of the U.N. presence in Nepal. Although it is encouraging that money has begun coming in, the mission’s work will depend primarily on the determination of its staff, and that of the High Commissioner for Human Rights. The dangers to the Nepalese people will be exacerbated if the bureaucratic delays and omissions found in U.N. operations elsewhere hamper this mission.
The new U.N. office must also pay special attention to judicial processes in Nepal, which have virtually come to a standstill since the royal takeover in February. Even elementary judicial remedies, such as habeas corpus applications, cannot be obtained due to the total lack of cooperation from the military. Although some minor changes have occurred in recent weeks, persons released by the courts continue to be rearrested, even on court premises. The U.N. must pay heed to how judicial mechanisms can be reasserted to provide basic protection to people.
The U.N. mission’s success in Nepal will depend upon the extent to which it is capable of helping to avoid a national catastrophe of Cambodian proportions. To do this requires constant international support. To get that support, the mission must convey a sense of urgency to the global community, and reassure the people of Nepal that the cause for their rights is not yet lost.
