NEPAL: State of Emergency and TADO enable gross human rights abuses

State of Emergency and TADO enable gross human rights abuses

NEPAL: ‘Anti-Terrorism’ law and ‘State of Emergency’ deny right to freedom from torture, arbitrary arrest, extra-judicial killings, freedom of expression, assembly, association and movement. Government directive to deny health care to Maoists.

——————————————————————-

With at least 698 people killed and 2,000 arrested since the State of Emergency was introduced in Nepal, we are asking you to sign an on-line petition and write letters to the Nepalese Government to urgently request them to to withdraw the State of Emergency and the new Anti-Terrorist ordinance (TADO). These legal conditions are being used to deny freedom of expression and assembly, to stifle civil society, and to torture, arbitrarily arrest and kill civilians. People are being put in jail without charges for merely ‘possessing Maoist literature’ – the situation is degenerating into another Asian massacre of those suspected of having communist ideology. Moreover, one third of the country’s budget is now being spent on purchasing hi-tech military equipment from USA, Russia and India – this is in an extremely impoverished nation where the dalit (\”untouchable\”) community has a literacy rate of 10%. We must not allow the current uncertainty about terrorism to be used as an excuse for widespread denial of inviolable human rights. Please read about the conflict below, or go straight to the ‘SUGGESTED ACTION’ to sign the petition and write letters.
 

STATE OF EMERGENCY IS THE CAUSE OF HUMAN RIGHTS VIOLATIONS

Peace talks between the Government of Nepal and the Nepal Communist Party (NCP) (Maoist) were supposed to end 6 years of armed struggle. Three rounds of peace talks have been held in different parts of the country. Both sides declared a cease-fire and some progress was achieved by the peace talks. Two human rights activists (Padma Ratna Tuladhar and Daman Nath Dhungana) were involved in the peace talks as facilitators. Nepali people had hoped that ongoing peace talks would result in a peace agreement and people would be able to enjoy their basic human rights. But unfortunately on November 21, 2001 the Maoist leader withdrew from the peace talks. Since 26 November 2001, the government has imposed a State of Emergency and enacted the Terrorist and Disruptive Activities (Prevention and Control) Ordinance 2001.
 

BACKGROUND

The NCP (United Centr) pro-organisation (called Saukta Janamorcha) participated in the 1992 election and became the third major party in parliament. Later the NCP (United Centre) divided into two factions. One is still in parliament with some seats, but the other faction formed the NCP (Maoist). The Maoists began their armed struggle in 1996 after putting a 40-point demand to the government. The government ignored these demands and massively suppressed the people close to the Maoist party. After that the Maoists raised their force day by day and they captured most of the villages in mid-western region of Nepal. They run their own \”People’s Government\” and have destroyed police posts as well as killing and abducting police and other people. Two commissions have been formed by the government but the recommendations have never been implemented. The government have conducted many operations against them and killed innocent people in the name of being Maoist. Around 1800 people have been killed during the 6 years struggle.

The government then enacted the Public Security Act and banned peaceful demonstrations, but this did not solve the problem. After Sher Bahadur Deuba was appointed Prime Minister in July 2001 he called the rebels to come for peace talks. Both parties declared a cease-fire and three rounds of peace talks were held in different parts of the country. The Maoist party put forward 31 demands during the talks. A compromise was almost reached on all demands except for the three main Maoist political demands (institutionalise republic state, interim government and election of Constituent Assembly). The Maoists dropped one main demand (Republic State) before the third-round talks but the government still rejected the remaining two demands outright.

Chairman of the Maoist Prachanda State announced that \”the justification for peace talks has come to an end\”. The following day, the Maoists formed the central people’s government \”Central Revolutionary People’s Council Committee\” headed by a top Maoist ideologue Dr. Baburam Bhattarai. The People’s Council subsequently formed the People’s Liberation Army (PLA) on November 24, 2001. On the same night, the PLA launched an attack at the district headquarters namely Dang and Syanjya and military base camp and killed dozens of policemen and Royal Nepal Army (RNA) personnel, injuring many dozens. Similarly, the Maoists launch a daring attack in Solukhumbu district and killed police including the Chief District Officer on November 25, 2001. The guerrillas captured hundreds of weapons with many thousands of bullets.

The following evening, on the recommendation of the council of ministers, His Majesty the King Gyanendra promulgated a State of Emergency (in accordance with the Constitution of the Kingdom of Nepal 1990), formally deployed the RNA and imposed the Terrorist and Disruptive Activities (Prevention and Control) Ordinance 2001 [TADO 2001]. The promulgation of the State of Emergency has suspended many articles of fundamental rights such as sub-clause (a) freedom of speech and expression, (b) freedom of peaceful assembly without arms, and (d) freedom of movement of clause (2) of article 12; clause (1) press and publication pre-censorship of article 13; article 15 preventive detention; article 16 right to information; article 17 right to property; article 22 right to privacy; and article 23 right to constitutional remedies apart from habeas corpus. Nepal is party to major human rights treaties including ICCPR and the Geneva Convention of Law of War.

Newspapers have reported that 698 people were killed since November 26 2001, and around 2000 people were arrested. Ten days after the Maoist attack on an army base in Salleri in eastern Nepal, the Defence Ministry confirmed that at least 200 Maoists were killed in a military counterattack. Extra-judicial killing, arbitrary arrest and torture are reported. Kantipur daily reported that an innocent women was killed by the army while she was coming for treatment to the district headquarters with fellow villagers in Makawanpur district.

Article 7 of the ICCPR prohibits \”torture, or cruel, inhumane or degrading treatment or punishment\”. However, the Health Ministry published a health directive on 30 November 2001 stating that medical treatment should not be given to wounded Maoists without informing the state authorities.

The Government has controlled all the information and news. As the Ministry of Defence has prevented journalists and human rights activists from observing the battle areas, the correct information cannot be conveyed to the people. On 28 November the Minister for Information and Communications issued directives to the media not to publish news, articles, interviews, audio-visual or reading materials \”that are likely to promote and instigate violent and terrorist activities\”. Nine editors, journalists and computer operators working for three publications, Janadisha Daily, Janadesh Weekly and Dishabodh Monthly, were arrested at their offices in the capital, Kathmandu, on 26 November, on suspicion of being members or sympathisers of the CPN (Maoist). Their whereabouts are now unknown. Amnesty International is concerned for their safety and fears that they may ‘disappear’. Editor of the Shaghu weekly Gopel Budhathoki and editor of the Deshanter weekly Bandhu Thapa were arrested regarding their publication of Maoist issues. The editor of Nepal Samacharpatra Puskarlal Shrestha was interrogated by police.

Three human rights activists (Prem Bahadur Saud,Bishnu Prasad Khanal and Tej Narayan Rajbhandari) were arrested in Dadeldhura, Surkhet and in Solukhumbu. The government has imposed curfews in many districts and authority has been given to shoot on sight any curfew violators. The night buses and vehicles have been banned. This directly violates the article 6 of the ICCPR. The human rights situation is deteriorating daily. Fearing the security forces, the National Human Rights Commission (NHRC) does not strongly protest against such state moves. The collection of revenue has broken down, but on the other hand the government is seeking heavy weapons in foreign countries. Ten armoured helicopters from USA, two with night vision capability from Russia and four from India, are entering Nepal to tackle the Maoists. One-third (US$1,306,797,386) of the annual budget goes towards the buying of arms and ammunition and the mobilisation of security forces. Thus the development budget has been scaled down, adversely effecting the livelihood of the common people. Prime Minister of Nepal Sher Bahadur Deuba agreed social injustice, poverty, illiteracy, job lay-offs and other socio-economic factors have all combined to create the \”People’s War.\” But the government has not taken any initiative to settle these problems.

The four decades old army act of 1959 gives authority to arrest and detain anyone for up to 48 hours. But the constitutional provision under article 14(6) ensured that any person who is arrested and detained should be produced before a judicial authority within 24 hours of arrest. However, under TADO 2001, arrested detainees can be detained for up to 90 days without any hearing and that period can be extended to 90 days more (180 days) with the endorsement of the Home Ministry. These provisions violate the ICCPR, the right to fair trail and the Constitution. The government made the new ordinance without consulting parliament.

Another legal challenge concerns the vague definition of \”terrorist\” used by the government: \”any individual who directly or indirectly supports financially or by any other means individual persons or groups or institutions involved in terrorist and disruptive activities\”. Under this \”terrorist\” definition, the state may arrest a person or group who are not involve in encouragement of criminal acts or activities. It could be used to control any political protest. The term \”terrorists\” prohibits the private discussion and exchange of political ideas which is against article 19 of the ICCPR.

Opposition political parties have handed over a memorandum asking the government to end the state of emergency as soon as possible and cautioned the government against misusing the authority. According to the Nepalese constitution, parliamentary approval (by 2/3 majority) is needed to continue the emergency longer than 3 months (ie. after Feb. 26, 2001). The government does not have a 2/3 majority in parliament.
 

SUGGESTED ACTION

Please write a letter to the Prime Minister of Nepal and the leader of the main opposition party CPN [UML] requesting an end to the state of emergency and the abolition of the Terrorist and Disruptive Activities (Prevention and Control) Ordinance 2001.

There is also an on-line petition sponsored by HURPEC, which we are inviting you to sign. Please go to:

http://www.thepetitionsite.com/takeaction/666322084
 

 

 

To support this case, please click here: SEND APPEAL LETTER