Mr. Secretary-General,
The human rights community of Nepal would like to draw your urgent attention concerning the lack of credible action being taken by the authorities in Nepal to address the culture of impunity that has accompanied the widespread and systematic violations of human rights in Nepal. As you already know, the peaceful democratic movement in April 2006 that brought about historic political changes has been heralded as ushering in a new era in Nepal, in which it is hoped that conflict, gross violations, violence and tyranny will be replaced by security, democracy and the respect for human rights and the rule of law.
In Nepal, the problem of impunity has been the key obstructing factor to justice for decades. Despite proactive campaigns spearheaded by the human rights community in Nepal to address the deepening problem of impunity, there is little to indicate that the government is taking adequate measures to bring gross human rights violators to justice in the country’s recent, bloody past and establish responsiveness and accountability. In fact, there are several worrying developments regarding the procedural and operational aspects of the recently constituted High Level Inquiry Commission that indicate that the authorities are sacrificing justice for political expediency. The other most objectionable move initiated by the government is to include regressive provisions in the current draft Army Act, leaving enough room for blanket impunity to members of the armed forces.
We believe that inhuman treatment and violations of human rights by military personnel involving civilians should be exclusively tried within the jurisdiction of civilian courts. This will help combat the long-standing issue of rampant partiality and impunity; military courts should only be involved in internal military matters. Military obstruction to investigations by civil authorities should be punished, with a new law required to deal with such issues.
The other alarmingly controversial issue is the appointment of an acting Army Chief Lt. General Rukmangat Katuwal who has been involved in documented gross human rights and humanitarian law violations in recent years. The human rights community considers the government’s move to appoint Mr. Katuwal as the chief of Nepal Army as a dangerous symptom of granting amnesty to rights perpetrators. The fact that Mr. Katuwal has been appointed as acting Army Chief is an individual example of Section 21 of the draft Army Act, that states that despite whatever other laws prevail in Nepal, any member of the security forces cannot be prosecuted in any court for any actions taken while ‘fulfilling his duty’, even if he has caused the death of or severe injuries to another person. This is nothing but clear contempt for justice and the rule of law.
Mr. Secretary General,
Both national and international human rights organizations have documented numerous cases of Lt. General Rukmangat Katuwal’s involvement in the use of torture, the launching of aerial attacks that resulted in the killing of civilians, extra-judicial executions of insurgents as well as civilians, the razing of houses, forced disappearances, gender-based violence, death threats to rights defenders and journalists attempting to report incidents as well as the killing of one journalist. Also, Lt. General Katuwal is under investigation by a High Level Inquiry Commission that was established by the government in the wake of the April peoples’ movement. It is alleged that he had played a key role in ordering the suppression of demonstrations and in human rights abuses that accompanied the excessive use of force resulting in loss of life and property at that time. However, the Commission does not have the mandate to investigate the numerous allegations of other grave human rights violations for which Mr. Katuwal is reportedly responsible, as they occurred before February 1, 2005, particularly during his tenure as a commander of the Mid-west region.
The appointment of an Army General, responsible for so many atrocities, in the highest military position is an indication of the government’s unwillingness to confront the past in tackling the question of impunity of members of the Unified Command headed by the then Royal Nepal Army. In appointing an official to the apex military job despite the fact that he is under investigation for past wrongs sends a hazardous signal to all perpetrators that they will also continue to enjoy impunity and can even be promoted. In doing so, the government has also failed to create a deterrent for future violations.
Mr. Secretary General,
While recalling your invaluable role during the political crisis in Nepal it is vital that your good office take appropriate action to persuade the Nepal Government to immediately remove Mr. Katuwal from the position of acting Army Chief and guarantee that all allegations of human rights violations purported to have taken place under his command are thoroughly and impartially investigated by an independent body. Similarly, we would also like to request you to urge the government to amend the Army Act in compliance with internationally accepted norms and standards. Additionally, we would draw your immediate attention to the fact that unless the provisions that engender impunity within the amended Army Act are removed and unless the perpetrators of human rights violations are brought to justice, Nepal Army personnel should no longer be able to serve in international peacekeeping forces under the aegis of the United Nations. A fundamental requirement for building a stable and successful future for Nepal is the establishment of strong, accountable and transparent institutions of the rule of law that can deliver justice. The springtime of hard-won democracy in Nepal is unlikely to last longer unless a unified international response against impunity is advanced.
Thank you very much in advance for your understanding and swift action.
Respectfully Submitted on Behalf of Nepal’s Human Rights Community:
Sushil Pyakurel
Kapil Shrestha
Dr. Gauri Shankar L. Das
Subodh Raj Pyakurel
Dr. Gopal Krishna Siwakoti
Shobhakar Budhathoki
Mandira Sharma
Kundan Aryal
Karon Cochran-Budhathoki
Baburam Gautam
Charan Prasai
Sharmila Karki
Dr. Rishi Adhikari
Shanti Adhikari
Birendra Thapalia
Bhawani Kharel
Yours sincerely,
Shobhakar Budhathoki
Human Rights Defender/Conflict Resolution Practitioner
GPO Box 21179
Kathmandu, Nepal
Tel: 977 1 4784574
E-mail: peace_sb@yahoo.com
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