Human Rights Violations in Nepal

2-19-06, 9:19 am



February 12, 2006 His Excellency Mr. Ian Martin Chief, Office of the High Commissioner for Human Rights (OHCHR) Operation in Nepal

Your Excellency,

Our party, the Communist Party of Nepal (UML) would like to draw your attention in regards to the alarming situation that has been developing in the country in the area of human rights violation, encroachment of individual freedom and breaking the rule of laws after King Gyanendra's assumption of power through his unconstitutional and illegitimate move on February 1, 2005. Since then, the highhandedness of security personnel, use of bullets, teargas, baton charge, water canon and other torture to the peaceful demonstrators have become common practice under the autocratic King's regime. Today, thousands of leaders and cadres of the mainstream political parties as well as the human rights defenders are in the prisons because of their participation in the peaceful protest activities against the royal regression. Hundreds of them have been charged with false cases and many more have been issued arrest warrants.

The mainstream parties, people of civil society and vast majority of the people inside the country as well as international community do not support the King's unconstitutional and regressive move. In this situation, the regime has been desperately trying to legitimize its illegitimate move through various falsifying attempts. One of these attempts of the regime is holding of this so-called Municipal election on February 8, 2006. The seven mainstream political parties, civil society organizations and vast majority of the people have refused to participate the elections process in the country. The falsifying marginal turnout in the municipal election has further proved that this is just a useless exercise which does not have public support as well as legitimacy. Similarly, the international community has also condemned the elections process by terming it as 'a hollow attempt'.

Since the regime has completely been marginalized and isolated inside and outside the country, its intolerances have also been increasing against the peaceful activities of the political parties and the general masses. The security forces used bullets especially by the army against the peaceful demonstrators have been increasing very fast these days. One of such event was on February 8, 2006 at Dang district. On that day at 12.30 in Tulsipur municipality of Dang District, the seven mainstream political parties organized peaceful demonstration and mass rally calling for the boycott of the municipal election. The security forces ruthlessly baton charged against the peaceful demonstrators and dozens of the demonstrators were seriously injured. After that the protest demonstrators dispersed themselves and started to return back to their homes. While the demonstrators were on way back to their homes, the army personnel opened fire and Mr. Umesh Chandra Thapa, member of CPN (UML) and Krishna Giri, member of Nepali Congress were hit by the bullets and Mr. Thapa was declared dead at the spot and Mr. Giri was rushed to the hospital and he is receiving treatment of bullet injury. It is also reported that the person who was shot dead in Kailali on February 8, 2006 (same day of Tulsipur event) was not a Maoists as claimed by the Security forces.

The Tulsipur and Kailali events were taken place two days after when Home Minister Kamal Thapa has given shoot at sight direction to the security personnel against the peaceful demonstrators. And the army personnel were following the lunatic directives of Home Minister.

Your Excellency

As reported by various national medias as well as told by many eyewitnesses that Tulsipur's situation of that day was not like what the Armies and the Ministry of Defense are claiming. They are completely falsifying the report and trying to veil the crime that they have committed. As we all believe in rule of law and the crime committed by anyone even under the protection of state power that must be brought to book. We believe your good office is taking appropriate steps towards this direction.

However, as this is the severe form of violation of human rights and it has been increasing alarming level in our country since last one year. Considering the seriousness of the situation, we would like see your good office taking some immediate steps to prevent occurring such events again in future. One of the demands we would like to put forward through your office to the office of the United Nations Peacekeeping Operation that since the Royal Nepal Army are the part of the UN Peace Keeping Force in various parts of the world, it would not be appropriate to those security personnel of the Unified Command who aimed at the chest of the peaceful protest demonstrators to participate in the UN Peacekeeping programs. Therefore, the personnel of the unified command must be banned to participate in the United Nations Peacekeeping Operation unless and until the democratic system is restored in the nation.

Secondly we also demand that the Home Minister Kamal Thapa who openly invokes security forces for shoot at sights and directs to kill the peaceful demonstrators should be black listed as the severe human right violator as well as Tulsi Giri, the vice chairman of the council of the ministers who ratifies the home minister's lunatic directives.

We hope this issue will be seriously taken by Your Excellency and forwarded to the concern Agencies.

Looking forward to hearing your Excellency's response.

With best regards Sincerely Yours, Amrit Kumar Bohara, Acting General Secretary