NEPAL: Restriction of movement of activists can prevent human rights monitoring 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the restriction of human rights defenders and political atavists in Nepal.

Freedom of movement, an inherent right, has been denied to many human rights and political activists. Though the Government of Nepal continues to reiterate its commitment to human rights and denies any kind of restrictions on human rights defenders in their works, state security agencies have repeatedly prevented human rights defenders from going outside of Kathmandu valley. This effectively prevents the proper monitoring of human rights and ensures that both persons in Nepal as well as those outside, are kept unaware of the true picture of human rights abuse in the country at present.

This is not the first time the AHRC has reported on the restriction of movement for human rights defenders in Nepal. To see our previous cases, please refer to: FA-08-2005, AS-23-2005 and UG-02-2005.

In light of this, we ask that you please write to the UN Chief of Mission in Nepal urging him to take immediate and genuine steps to avert such restrictions.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Freedom of movement, an inherent right, has been denied to many since King Gyanendra’s coup. Security forces have resorted to regularly restricting the movement of prominent human rights defenders, political activists and drafters of the present Constitution. Even though the state of emergency was lifted on 29 April 2005, the restriction of movement of such people continues unabated. A confirmed 40 persons have been restricted from leaving Kathmandu valley, after the lifting of the state of emergency. In most cases, security personnel stop people at airports or checkpoints, stating that they do not have orders to allow them to continue their journey. This suggests that they security forces are operating on the basis of unofficial lists of names to be targeted.

This conduct effectively prevents the proper monitoring of human rights and ensures that both persons in Nepal as well as those outside are kept unaware of ongoing human rights abuse in the country. Although on 7 April 2005 the Supreme Court issued a notice not to bar persons from going abroad or anywhere within the country, security forces repeatedly violate the order and restrict the movements of human rights defenders. Such behavior is an attempt to weaken the judiciary, along with sabotaging effective human rights monitoring.

Furthermore, the security forces’ actions directly violate the resolution adopted by the United Nations Commission on Human Rights, which calls on the authorities within Nepal “to immediately reinstate all civil and political rights; to cease all state emergency- related and other arbitrary arrests; to lift the far-reaching censorship; to restore freedom of opinion and expression as well as the freedom of association; to immediately release all detained political leaders and activists, human rights defenders, journalists and others; to allow all citizens to enter and exit the country freely and to respect all national and international obligations as well as the twenty five points of the commitment of 26 March 2004, as freely undertaken by Nepal”.

You can see the names of persons whose movements have been restricted at http://www.ahrchk.net/ua/pdf/UA-106-2005-table.doc

A further set of names is provided, below, of those whom the security forces have allegedly put on their list to prevent the movement.

List of Persons of Civil Society/Rights Organizations to be restricted on leaving Kathmandu Valley (based on lists made by security agencies published in newspaper)

1. Padma Ratna Tuladha
2. Krishna Pahadi
3. Gopal Shiwakoti “Chintanz”
4. Dr. Mathura Prasad Shrestha
5. Subodh Raj Pyakurel
6. Gauri Pradhan
7. Dro. Gopal Krishna Shiwakoti
8. Daman Nath Dhungana
9. Dr. Arjun Karki
10. Nilambar Acharya
11. Shyam Shrestha
12. Laxman Prasad Aryal
13. Sindhu Nath Pyakurel
14. Sushil Pyakurel
15. Prof. Kapil Shrestha
16. Prof. Krishna Khanal
17. Prof. Krishna Hachhethu
18. Dr. Om Gurung
19. Dr. Krishna Bhattachan

SUGGESTED ACTION:
Please write to the UN Chief of Mission in Nepal urging him to take immediate and genuine steps to avert such restrictions of movement.

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