UPDATE (Nepal): Call for intervention by the United Nations Secretary General and High Commissioner for Human Rights to ensure the establishment of a constituent assembly and democratic government in Nepal 

[RE: UP-077-2006: NEPAL: Nepal under curfew; UP-072-2006: NEPAL: Defacto emergency declared in Nepal; UA-117-2006: NEPAL: Arrests made ahead of public rallies in the capital, Kathmandu; UP-079-2006: NEPAL: Demonstrations continue in the face of further arrests and violence]
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UP-091-2006: NEPAL: Call for intervention by the United Nations Secretary General and High Commissioner for Human Rights to ensure the establishment of a constituent assembly and democratic government in Nepal

NEPAL: Absence of democracy; repression of demonstrations; violation of human rights
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Dear friends,

The Asian Human Rights Commission (AHRC) writes seeking your urgent intervention in writing letters to UN Secretary General, Mr. Kofi Annan, and UN High Commission for Human Rights, Ms. Louise Arbour, voicing your strong condemnation of King Gyanendra of Nepal’s failure to address the legitimate demands of the pro-democracy movement in Nepal. During 19 days of demonstrations on an unprecedented scale since 1990, the people of Nepal have been demanding that democracy be established through a constituent assembly. At least 16 persons have been killed during the violent repression of protests by the security forces, with hundreds more having been injured and thousands arrested (For more details, please visit: UP-079-2006, UP-077-2006, UP-072-2006 and UA-117-2006).

On Friday 21, 2006, the King made the opposition Seven Party Alliance political parties an offer to allow for a new prime minister to be appointed. Although the King’s offer may have appeared at first glance to be an attempt on his part to relinquish some power and restore democracy to Nepal, it has in fact been deemed unacceptable by the popular demonstration movement, as it did not address the key protestors’ key demands, notably the establishment of a constituent assembly that would re-write the Constitution of Nepal and enable the formation of a democratic government, as well as deciding on the fate of the monarchy.

The King’s offer would merely have enabled the setting up a government that would function as an executive under the King’s command, and could be manipulated or used to take responsibility for any excesses committed under the continuing rule of the King. Furthermore, such an executive would still remain vulnerable to the King’s abuse of provisions present within the 1990 Constitution of Nepal. Because the executive would act without the backing of a legislature, the King would be the authority of last resort, retaining the ability to dismiss the sitting prime minister and government – a situation that has occurred on several occasions since the King assumed power. The government’s only power would be over day-to-day administration matters, without the authority to undo the ordinances, appointments, and other actions undertaken by the King since he came to power, which have been at the root of the collapse of the rule of law and state institutions, as well as excesses committed by the security forces, that have given rise to a grave human rights crisis throughout the country and ultimately, as a reaction, to the ongoing protests.

This situation is not acceptable to the people of Nepal and nor should it be to any person or institution around the world that cares about or functions in favour of peace, security and human rights. In light of this, it is vital that the United Nations go beyond the statements made thus far and call for the immediate formation of an interim government tasked with establishing a constituent assembly as a matter of urgency. In a statement made on April 21, 2006, the United Nations Secretary General welcomed “the affirmation that executive power will be returned to the people,” and noted that “it is up to the parties to work out the modalities for the transfer of power in a timely, orderly and responsible manner.”  This was in response to the King’s offer, which has since been rejected by the Nepali people, as it does not meet their fundamental demands. It is therefore vital that the Secretary General follow-up on this statement in order to support the people’s legitimate protests in favour of democracy. If left like this, the United Nations will be seen as supporting the King and abandoning the people of Nepal. This will present a further barrier to the rapid resolution of the ongoing crisis and likely lead to further casualties – something that the United Nations must surely seek to avoid.

Despite the best efforts of the people of Nepal and the opposition parties within the country, King Gyanendra retains his position of power and is evidently willing to go to any length to maintain the status quo – including ordering his security forces to beat, arrest and kill the people of his country. The support voiced for the King’s offer is enabling the continuation of this situation. If it is to change, if the deadlock is to be broken, if human rights and democracy are to be restored, and most importantly if lives are to be saved, the people of Nepal urgently need world leaders, all concerned countries and international agencies to immediately intervene in this matter and ensure that the opportunity for positive and lasting change is not lost. The only path that such change can take is through the establishment of a constituent assembly, which will be tasked with re-writing the Constitution of Nepal, in order to avoid the errors of the past, establish a democratic government and decide on the future of the monarchy in the country through a democratic process.

The Asian Human Rights Commission urges UN Secretary General Kofi Annan and UN High Commissioner for Human Rights Louise Arbour to immediately intervene in order to support the appointment of an interim government which, through a constitutional assembly, will reinstate democratic government in Nepal, in line with the demands of the people of Nepal. The AHRC also notes that Office of the High Commissioner for Human Rights (OHCHR) in Nepal’s staff have not been allowed to conduct their mandated monitoring activities in favour of human rights, having been denied curfew passes. This is in violation of the agreement made between the government of Nepal and the OHCHR and must be met with appropriate action.

SUGGESTED ACTION:
Please write letters to UN Secretary General, Mr. Kofi Annan and UN High Commission for Human Rights, Ms. Louise Arbour, voicing your strong condemnation of King Gyanendra of Nepal’s violent repression of demonstrators and regime of human rights abuses and calling for them to intervene to support the legitimate demands of the people of Nepal, notably concerning the establishment of a constituent assembly. Such interventions are vital if further bloodshed, insecurity and human rights abuses are to be avoided

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